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Home My WebLink AboutRELEASE_20190124_T081649_Policy Manual_2021_RedactedSan Luis Obispo Police Department San Luis Obispo PD CA Policy Manual Copyright Lexipol, LLC 2019/01/24, All Rights Reserved. Published with permission by San Luis Obispo Police Department MISSION STATEMENT - 1 MISSION STATEMENT The mission of the San Luis Obispo Police Department is to maintain a safe city by working in partnership with the community to protect life and property, prevent and reduce crime, and improve the quality of life in our neighborhoods while preserving the rights of all through a commitment to Service, Pride, and Integrity. San Luis Obispo Police Department San Luis Obispo PD CA Policy Manual Copyright Lexipol, LLC 2019/01/24, All Rights Reserved. Published with permission by San Luis Obispo Police Department Law Enforcement Code of Ethics - 2 LAW ENFORCEMENT CODE OF ETHICS As a law enforcement officer, my fundamental duty is to serve the community; to safeguard lives and property; to protect the innocent against deception, the weak against oppression or intimidation and the peaceful against violence or disorder; and to respect the constitutional rights of all to liberty, equality and justice. I will keep my private life unsullied as an example to all and will behave in a manner that does not bring discredit to me or to my agency. I will maintain courageous calm in the face of danger, scorn or ridicule; develop self-restraint; and be constantly mindful of the welfare of others. Honest in thought and deed both in my personal and official life, I will be exemplary in obeying the law and the regulations of my department. Whatever I see or hear of a confidential nature or that is confided to me in my official capacity will be kept ever secret unless revelation is necessary in the performance of my duty. I will never act officiously or permit personal feelings, prejudices, political beliefs, aspirations, animosities or friendships to influence my decisions. With no compromise for crime and with relentless prosecution of criminals, I will enforce the law courteously and appropriately without fear or favor, malice or ill will, never employing unnecessary force or violence and never accepting gratuities. I recognize the badge of my office as a symbol of public faith, and I accept it as a public trust to be held so long as I am true to the ethics of police service. I will never engage in acts of corruption or bribery, nor will I condone such acts by other police officers. I will cooperate with all legally authorized agencies and their representatives in the pursuit of justice. I know that I alone am responsible for my own standard of professional performance and will take every reasonable opportunity to enhance and improve my level of knowledge and competence. I will constantly strive to achieve these objectives and ideals, dedicating myself before God to my chosen profession . . . law enforcement. San Luis Obispo Police Department San Luis Obispo PD CA Policy Manual Copyright Lexipol, LLC 2019/01/24, All Rights Reserved. Published with permission by San Luis Obispo Police Department Values Statement - 3 VALUES STATEMENT Professional Values We, the members of the San Luis Obispo Police Department, are committed to the highest standards of professional integrity. Our decisions and actions are guided by these principles: Service We are committed to providing quality, courteous service to all members of our diverse community. We will respond to the needs of our citizens with sensitivity, treating each person with respect and fairness. We will work with the community toward our common goal of preserving the quality of life in San Luis Obispo. We are dedicated to maintaining a well-trained and highly effective organization, pursuing our work with a sense of enjoyment, pride, and ambition. Accountability We will evaluate our actions and act responsibly, both individually and collectively. In so doing, we will ensure that our behavior enhances our credibility with those we serve. We will lead by example, and demand of each other the highest standards of professional ethics. Teamwork We are dedicated to working together in a spirit of shared responsibility and cooperative effort, while recognizing individual accomplishments for their contribution to the team. Progressiveness We are dedicated to personal and organizational growth through education, training, and evaluation. We will pride ourselves in displaying the professionalism that is the result of our commitment to shared values, and a clear sense of direction and perspective. We will challenge the future with creative leadership, and with a spirit of optimism and innovation. "Service, Pride, Integrity" San Luis Obispo Police Department San Luis Obispo PD CA Policy Manual Copyright Lexipol, LLC 2019/01/24, All Rights Reserved. Published with permission by San Luis Obispo Police Department Table of Contents - 4 Table of Contents MISSION STATEMENT ..................... 1 Law Enforcement Code of Ethics .................. 2 Values Statement ....................... 3 Chapter 1 - Law Enforcement Role and Authority ............ 8 100 - Law Enforcement Authority .................. 9 101 - Chief Executive Officer ................... 12 102 - Oath of Office ..................... 13 103 - Policy Manual ..................... 14 Chapter 2 - Organization and Administration ............. 17 201 - Organizational Structure and Responsibility ............ 18 206 - Departmental Directive ................... 20 209 - Emergency Management Plan ................ 21 212 - Training Policy ..................... 22 217 - Electronic Mail ..................... 25 220 - Administrative Communications ................ 27 223 - Staffing Levels ..................... 28 226 - License to Carry a Firearm ................. 29 229 - Retiree Concealed Firearms ................. 37 Chapter 3 - General Operations .................. 42 300 - Use of Force ...................... 43 305 - Leg Restraint Device ................... 51 307 - Control Devices and Techniques ............... 55 308 - Conducted Energy Device .................. 60 309 - Officer-Involved Shootings and Deaths .............. 66 311 - Firearms ....................... 76 313 - Vehicle Pursuits ..................... 87 315 - Officer Response to Calls ................. 101 319 - Domestic Violence .................... 104 321 - Search and Seizure ................... 111 323 - Temporary Custody of Juveniles ............... 113 325 - Adult Abuse ...................... 124 327 - Discriminatory Harassment ................. 136 329 - Child Abuse ...................... 143 331 - Missing Persons .................... 151 333 - Public Alerts ...................... 157 335 - Victim and Witness Assistance ................ 162 337 - Hate Crimes ...................... 164 339 - Standards of Conduct ................... 168 341 - Information Technology Use ................. 175 San Luis Obispo Police Department San Luis Obispo PD CA Policy Manual Copyright Lexipol, LLC 2019/01/24, All Rights Reserved. Published with permission by San Luis Obispo Police Department Table of Contents - 5 343 - Report Preparation ................... 179 345 - Media Relations .................... 183 347 - Subpoenas and Court Appearances .............. 186 351 - Outside Agency Assistance ................. 189 355 - Registered Offender Information ............... 191 357 - Major Incident Notification ................. 194 359 - Death Investigation ................... 196 361 - Identity Theft ..................... 199 363 - Private Persons Arrests .................. 200 365 - Anti-Reproductive Rights Crimes Reporting ............ 202 367 - Limited English Proficiency Services .............. 204 369 - Communications with Persons with Disabilities ........... 212 371 - Mandatory Employer Notification ............... 220 375 - Chaplains ...................... 222 377 - Public Safety Video Surveillance System ............ 228 379 - Child and Dependent Adult Safety ............... 232 381 - Service Animals .................... 236 383 - Volunteer Program .................... 239 385 - Off-Duty Law Enforcement Actions .............. 244 Chapter 4 - Patrol Operations .................. 246 400 - Patrol Function ..................... 247 404 - Bias-Based Policing ................... 249 407 - Briefing Training .................... 252 410 - Crime and Disaster Scene Integrity .............. 253 413 - Regional SWAT Team .................. 255 416 - Ride-Along Policy .................... 263 419 - Hazardous Material Response ................ 266 422 - Hostage and Barricade Incidents ............... 268 425 - Response to Bomb Calls .................. 273 428 - Mental Illness Commitments ................ 278 431 - Cite and Release Policy .................. 283 434 - Foreign Diplomatic and Consular Representatives .......... 287 437 - Rapid Response and Deployment ............... 291 443 - Immigration Violations .................. 293 449 - Patrol Rifles ...................... 299 455 - Field Training Officer Program ................ 302 458 - Obtaining Air Support ................... 306 461 - Detentions And Photographing Detainees ............ 307 464 - Criminal Organizations .................. 312 464 - Public Recording of Law Enforcement Activity ........... 317 465 - Crisis Intervention Incidents ................. 320 466 - Medical Aid and Response ................. 325 467 - Watch Commanders ................... 331 470 - Mobile Audio/Video ................... 332 472 - Personal Video Recording Device ............... 338 474 - Mobile Digital Computer Use ................ 340 San Luis Obispo Police Department San Luis Obispo PD CA Policy Manual Copyright Lexipol, LLC 2019/01/24, All Rights Reserved. Published with permission by San Luis Obispo Police Department Table of Contents - 6 476 - Automatic Vehicle Locating System .............. 342 478 - Portable Audio/Video Recorders ............... 344 481 - Medical Marijuana .................... 353 484 - Downtown Unit ..................... 358 489 - Foot Pursuits ..................... 361 491 - Noise Ordinance Enforcement ................ 366 497 - Homeless Persons .................... 368 Chapter 5 - Traffic Operations .................. 371 500 - Traffic Function and Responsibility .............. 372 503 - Traffic Collision Reporting ................. 375 511 - Vehicle Towing and Release ................ 377 513 - Vehicle Impound Hearings ................. 381 515 - Impaired Driving .................... 383 517 - Traffic Citations ..................... 389 521 - Disabled Vehicles .................... 391 523 - Overnight Camping Parking Violations ............. 392 525 - 72-Hour Parking Violations ................. 393 Chapter 6 - Investigation Operations ................ 394 600 - Investigation and Prosecution ................ 395 602 - Sexual Assault Investigations ................ 400 606 - Asset Forfeiture .................... 406 608 - Informants ...................... 413 610 - Eyewitness Identification .................. 419 612 - Brady Material Disclosure ................. 423 613 - Unmanned Aerial System (UAS) Operations ........... 425 Chapter 7 - Equipment .................... 428 700 - Department Owned and Personal Property ............ 429 701 - Personal Communication Devices ............... 431 703 - Vehicle Maintenance ................... 435 705 - Vehicle Use ...................... 437 706 - Firearms Accountability .................. 444 707 - Respiratory Protection Program .......... 446 708 - Police Department Standby Vehicle Policy ............ 452 Chapter 8 - Support Services .................. 456 801 - The Communications Center ................ 457 803 - Property and Evidence .................. 463 804 - Informal Discovery Requests ................ 473 805 - Records Bureau .................... 475 809 - Records Maintenance and Release .............. 477 810 - Release of Records and Information to Involved Parties ........ 487 811 - Criminal Offender Record Information (CORI) ........... 490 812 - CLETS Access ..................... 493 813 - Computers and Digital Evidence ............... 495 San Luis Obispo Police Department San Luis Obispo PD CA Policy Manual Copyright Lexipol, LLC 2019/01/24, All Rights Reserved. Published with permission by San Luis Obispo Police Department Table of Contents - 7 Chapter 9 - Custody ..................... 499 901 - Temporary Holding Cells .................. 500 Chapter 10 - Personnel .................... 506 1000 - Recruitment and Selection ................. 507 1002 - Evaluation of Employees ................. 512 1007 - Anti-Retaliation .................... 515 1009 - Reporting of Employee Convictions .............. 519 1011 - Drug- and Alcohol-Free Workplace .............. 521 1013 - Sick Leave ...................... 525 1015 - Communicable Diseases ................. 528 1017 - Smoking and Tobacco Use ................ 533 1019 - Personnel Complaints .................. 534 1021 - Seat Belts ...................... 543 1023 - Body Armor ..................... 545 1025 - Personnel Records ................... 547 1027 - Special Assignment Selection ................ 554 1029 - Commendations and Awards ................ 558 1030 - Department Awards ................... 560 1031 - Fitness for Duty .................... 565 1033 - Meal Periods and Breaks ................. 568 1034 - Lactation Break Policy .................. 569 1035 - Sleep Room Use .................... 571 1038 - Payroll Record Procedures ................. 573 1038 - Outside Employment .................. 574 1040 - Occupational Disease and Work-Related Injury Reporting ....... 579 1042 - Personal Appearance Standards ............... 582 1044 - Uniform Regulations ................... 584 1048 - Nepotism and Conflicting Relationships ............. 591 1050 - Department Badges ................... 599 1052 - Modified Duty Assignments ................ 601 1056 - Employee Speech, Expression and Social Networking ........ 605 1057 - Illness and Injury Prevention ................ 610 Attachments ....................... San Luis Obispo Police Department San Luis Obispo PD CA Policy Manual Copyright Lexipol, LLC 2019/01/24, All Rights Reserved. Published with permission by San Luis Obispo Police Department Law Enforcement Role and Authority - 8 Chapter 1 - Law Enforcement Role and Authority Policy 100 San Luis Obispo Police Department San Luis Obispo PD CA Policy Manual Copyright Lexipol, LLC 2019/01/24, All Rights Reserved. Published with permission by San Luis Obispo Police Department Law Enforcement Authority - 9 Law Enforcement Authority 100.1 PURPOSE AND SCOPE The purpose of this policy is to affirm the authority of the members of the San Luis Obispo Police Department to perform their functions based on established legal authority. 100.2 PEACE OFFICER POWERS Sworn members of this department are authorized to exercise peace officer powers pursuant to applicable state law (Penal Code § 830.1 et seq.). 100.2.1 JURISDICTION While this department recognizes the statutory power of peace officers to make arrests throughout the state, officers are encouraged to use sound discretion in the enforcement of the law. On- duty arrests will not generally be made outside the jurisdiction of this department except in cases of hot or fresh pursuit, while following up on crimes committed with the City or while assisting another agency. On-duty officers who discover criminal activity outside the jurisdiction of the City should, when circumstances permit, consider contacting the agency having primary jurisdiction before attempting an arrest. 100.2.2 ARREST AUTHORITY INSIDE THE JURISDICTION OF THE SAN LUIS OBISPO POLICE DEPARTMENT The arrest authority within the jurisdiction of the San Luis Obispo Police Department includes (Penal Code § 830.1; Penal Code § 836): (a)When the officer has probable cause to believe the person has committed a felony, whether or not committed in the presence of the officer. (b)When the officer has probable cause to believe the person has committed a misdemeanor in this jurisdiction and in the presence of the officer. (c)When the officer has probable cause to believe the person has committed a public offense outside this jurisdiction, in the presence of the officer and the officer reasonably believes there is an immediate danger to person or property, or of escape. (d)When the officer has probable cause to believe the person has committed a misdemeanor for which an arrest is authorized or required by statute even though the offense has not been committed in the presence of the officer such as certain domestic violence offenses. (e)In compliance with an arrest warrant. 100.2.3 ARREST AUTHORITY OUTSIDE THE JURISDICTION OF THE SAN LUIS OBISPO POLICE DEPARTMENT The arrest authority outside the jurisdiction of the San Luis Obispo Police Department includes (Penal Code § 830.1; Penal Code § 836): (a)When the officer has probable cause to believe the person committed a felony. San Luis Obispo Police Department San Luis Obispo PD CA Policy Manual Law Enforcement Authority Copyright Lexipol, LLC 2019/01/24, All Rights Reserved. Published with permission by San Luis Obispo Police Department Law Enforcement Authority - 10 (b)When the officer has probable cause to believe the person has committed a misdemeanor in the presence of the officer and the officer reasonably believes there is immediate danger to person or property or of escape. (c)When the officer has probable cause to believe the person has committed a misdemeanor for which an arrest is authorized even if not committed in the presence of the officer such as certain domestic violence offenses and there is immediate danger to person or property or of escape or the arrest is mandated by statute. (d)When authorized by a cross jurisdictional agreement with the jurisdiction in which the arrest is made. (e)In compliance with an arrest warrant. On-duty arrests will not generally be made outside the jurisdiction of this department except in cases of hot or fresh pursuit, while following up on crimes committed with the City or while assisting another agency. On-duty officers who discover criminal activity outside the jurisdiction of the City should when circumstances permit, consider contacting the agency having primary jurisdiction before attempting an arrest. 100.2.4 TIME OF MISDEMEANOR ARRESTS Officers shall not arrest a person for a misdemeanor between the hours of 10:00 p.m. of any day and 6:00 a.m. of the next day unless (Penal Code § 840): (a)The arrest is made without a warrant pursuant to Penal Code § 836 which includes: (a)A misdemeanor committed in the presence of the officer. (b)Misdemeanor domestic violence offenses (See the Domestic Violence Policy). (b)The arrest is made in a public place. (c)The arrest is made with the person in custody pursuant to another lawful arrest (Penal Code § 837) (d)The arrest is made pursuant to a warrant which, for good cause shown, directs that it may be served at any time of the day or night. 100.3 CONSTITUTIONAL REQUIREMENTS All members shall observe and comply with every person’s clearly established rights under the United States and California Constitutions. 100.4 POLICY It is the policy of the San Luis Obispo Police Department to limit its members to only exercise the authority granted to them by law. While this department recognizes the power of peace officers to make arrests and take other enforcement action, officers are encouraged to use sound discretion in the enforcement of the law. This department does not tolerate the abuse of law enforcement authority. San Luis Obispo Police Department San Luis Obispo PD CA Policy Manual Law Enforcement Authority Copyright Lexipol, LLC 2019/01/24, All Rights Reserved. Published with permission by San Luis Obispo Police Department Law Enforcement Authority - 11 100.5 INTERSTATE PEACE OFFICER POWERS Peace officer powers may be extended to other states: (a)As applicable under interstate compacts, memorandums of understanding or mutual aid agreements in compliance with the laws of each state. (b)When an officer enters an adjoining state in close or fresh pursuit of a person believed to have committed a felony (ARS § 13-3832; NRS 171.158; ORS 133.430). The person arrested out of state must be taken without unnecessary delay before a magistrate of the county in which the arrest was made (ARS § 13-3833; NRS 171.158; ORS 133.440). Policy 101 San Luis Obispo Police Department San Luis Obispo PD CA Policy Manual Copyright Lexipol, LLC 2019/01/24, All Rights Reserved. Published with permission by San Luis Obispo Police Department Chief Executive Officer - 12 Chief Executive Officer 101.1 PURPOSE AND SCOPE The California Commission on Peace Officer Standards and Training (POST) has mandated that all sworn officers and dispatchers employed within the State of California shall receive certification by POST within prescribed time periods. 101.1.1 CHIEF EXECUTIVE OFFICER REQUIREMENTS Any chief executive officer of this department appointed after January 1, 1999, shall, as a condition of continued employment, complete the course of training prescribed by POST and obtain the Basic Certificate by POST within two years of appointment (Penal Code § 832.4). Policy 102 San Luis Obispo Police Department San Luis Obispo PD CA Policy Manual Copyright Lexipol, LLC 2019/01/24, All Rights Reserved. Published with permission by San Luis Obispo Police Department Oath of Office - 13 Oath of Office 102.1 PURPOSE AND SCOPE The purpose of this policy is to ensure that oaths, when appropriate, are administered to department members. 102.1.1 OATH OF ALLEGIANCE I, (NAME), do solemnly swear that I will support and defend the Constitution of the United States and the Constitution of the State of California against all enemies, foreign and domestic; that I will bear true faith and allegiance to the Constitution of the United States and the Constitution of the State of California; that I take this obligation freely, without any mental reservation or purpose of evasion, and that I will well and faithfully discharge the duties upon which I am about to enter. I also agree to completely abide by the law enforcement Code of Ethics and the Rules and Regulations of this organization. 102.2 POLICY It is the policy of the San Luis Obispo Police Department that, when appropriate, department members affirm the oath of their office as an expression of commitment to the constitutional rights of those served by the Department and the dedication of its members to their duties. 102.3 OATH OF OFFICE All department members, when appropriate, shall take and subscribe to the oaths or affirmations applicable to their positions. All sworn members shall be required to affirm the oath of office expressing commitment and intent to respect constitutional rights in discharging the duties of a law enforcement officer (Cal. Const. Art. 20, § 3; Government Code § 3102). The oath shall be as follows: “I, (employee name), do solemnly swear (or affirm) that I will support and defend the Constitution of the United States and the Constitution of the State of California against all enemies, foreign and domestic; that I will bear true faith and allegiance to the Constitution of the United States and the Constitution of the State of California; that I take this obligation freely, without any mental reservation or purpose of evasion; and that I will well and faithfully discharge the duties upon which I am about to enter.” 102.4 MAINTENANCE OF RECORDS The oath of office shall be filed as prescribed by law (Government Code § 3105). Policy 103 San Luis Obispo Police Department San Luis Obispo PD CA Policy Manual Copyright Lexipol, LLC 2019/01/24, All Rights Reserved. Published with permission by San Luis Obispo Police Department Policy Manual - 14 Policy Manual 103.1 PURPOSE AND SCOPE The manual of the San Luis Obispo Police Department is hereby established and shall be referred to as the Policy Manual or the manual. The manual is a statement of the current policies, rules and guidelines of this department. All members are to conform to the provisions of this manual. All prior and existing manuals, orders and regulations that are in conflict with this manual are rescinded, except to the extent that portions of existing manuals, procedures, orders and other regulations that have not been included herein shall remain in effect, provided that they do not conflict with the provisions of this manual. 103.2 POLICY Except where otherwise expressly stated, the provisions of this manual shall be considered as guidelines. It is recognized that the work of law enforcement is not always predictable and circumstances may arise which warrant departure from these guidelines. It is the intent of this manual to be viewed from an objective standard, taking into consideration the sound discretion entrusted to members of this department under the circumstances reasonably available at the time of any incident. 103.2.1 DISCLAIMER The provisions contained in the Policy Manual are not intended to create an employment contract nor any employment rights or entitlements. The policies contained within this manual are for the internal use of the San Luis Obispo Police Department and shall not be construed to create a higher standard or duty of care for civil or criminal liability against the City, its officials or members. Violations of any provision of any policy contained within this manual shall only form the basis for department administrative action, training or discipline. The San Luis Obispo Police Department reserves the right to revise any policy content, in whole or in part. 103.3 AUTHORITY The Chief of Police shall be considered the ultimate authority for the content and adoption of the provisions of this manual and shall ensure compliance with all applicable federal, state and local laws. The Chief of Police or the authorized designee is authorized to issue Special Orders, which shall modify those provisions of the manual to which they pertain. Special Orders shall remain in effect until such time as they may be permanently incorporated into the manual. 103.4 DEFINITIONS The following words and terms shall have these assigned meanings throughout the Policy Manual, unless it is apparent from the content that they have a different meaning: Adult - Any person 18 years of age or older. CCR - California Code of Regulations (Example: 15 CCR 1151). San Luis Obispo Police Department San Luis Obispo PD CA Policy Manual Policy Manual Copyright Lexipol, LLC 2019/01/24, All Rights Reserved. Published with permission by San Luis Obispo Police Department Policy Manual - 15 CHP- The California Highway Patrol. CFR - Code of Federal Regulations. CITY - The City of San Luis Obispo. Non-sworn - Employees and volunteers who are not sworn peace officers. Department/Department acronym: - The San Luis Obispo Police Department. DMV - The Department of Motor Vehicles. Employee - Any person employed by the Department. Juvenile- Any person under the age of 18 years. Manual - The San Luis Obispo Police Department Policy Manual. May - Indicates a permissive, discretionary or conditional action. Member - Any person employed or appointed by the San Luis Obispo Police Department, including: •Full-time and part-time employees •Sworn peace officers •Reserve, auxiliary officers •Non-sworn employees •Volunteers. Officer - Those employees, regardless of rank, who are sworn peace officers of the San Luis Obispo Police Department. On-duty - A member’s status during the period when he/she is actually engaged in the performance of his/her assigned duties. Order - A written or verbal instruction issued by a superior. POST - The California Commission on Peace Officer Standards and Training. Rank - The title of the classification held by an officer. Shall or will - Indicates a mandatory action. Should - Indicates a generally required or expected action, absent a rational basis for failing to conform. Supervisor - A person in a position of authority that may include responsibility for hiring, transfer, suspension, promotion, discharge, assignment, reward or discipline of other department members, directing the work of other members or having the authority to adjust grievances. The supervisory exercise of authority may not be merely routine or clerical in nature but requires the use of independent judgment. San Luis Obispo Police Department San Luis Obispo PD CA Policy Manual Policy Manual Copyright Lexipol, LLC 2019/01/24, All Rights Reserved. Published with permission by San Luis Obispo Police Department Policy Manual - 16 The term "supervisor" may also include any person (e.g., officer-in-charge, lead or senior worker) given responsibility for the direction of the work of others without regard to a formal job title, rank or compensation. When there is only one department member on-duty, that person may also be the supervisor, except when circumstances reasonably require the notification or involvement of the member’s off-duty supervisor or an on-call supervisor. USC - United States Code. 103.5 ISSUING THE POLICY MANUAL An electronic version of the Policy Manual will be made available to all members on the department network for viewing and printing. No changes shall be made to the manual without authorization from the Chief of Police or the authorized designee. Each member shall acknowledge that he/she has been provided access to, and has had the opportunity to review the Policy Manual and Special Orders. Members shall seek clarification as needed from an appropriate supervisor for any provisions that they do not fully understand. 103.6 PERIODIC REVIEW OF THE POLICY MANUAL The Chief of Police will ensure that the Policy Manual is periodically reviewed and updated as necessary. 103.7 REVISIONS TO POLICIES All revisions to the Policy Manual will be provided to each member on or before the date the policy becomes effective. Each member will be required to acknowledge that he/she has reviewed the revisions and shall seek clarification from an appropriate supervisor as needed. Members are responsible for keeping abreast of all Policy Manual revisions. Each Bureau Commander will ensure that members under his/her command are aware of any Policy Manual revision. All department members suggesting revision of the contents of the Policy Manual shall forward their written suggestions to their Bureau Commanders, who will consider the recommendations and forward them to the command staff as appropriate. San Luis Obispo Police Department San Luis Obispo PD CA Policy Manual Copyright Lexipol, LLC 2019/01/24, All Rights Reserved. Published with permission by San Luis Obispo Police Department Organization and Administration - 17 Chapter 2 - Organization and Administration Policy 201 San Luis Obispo Police Department San Luis Obispo PD CA Policy Manual Copyright Lexipol, LLC 2019/01/24, All Rights Reserved. Published with permission by San Luis Obispo Police Department Organizational Structure and Responsibility - 18 Organizational Structure and Responsibility 201.1 PURPOSE AND SCOPE The organizational structure of this department is designed to create an efficient means to accomplish our mission and goals and to provide for the best possible service to the public. 201.2 BUREAUS The Chief of Police is responsible for administering and managing the San Luis Obispo Police Department. There are two bureaus in the Police Department as follows: •Administration Bureau •Operations Bureau 201.2.1 ADMINISTRATION BUREAU The Administration Bureau is commanded by a Captain whose primary responsibility is to provide general management direction and control for the Administration Bureau. The Administration Bureau consists of Investigations, Administrative Services, Communications and Records. 201.2.2 OPERATIONS BUREAU The Operations Bureau is commanded by a Captain whose primary responsibility is to provide general management direction and control for that Bureau. The Operations Bureau consists of uniformed Patrol, Traffic Safety Unit, Downtown Team, and Neighborhood Services. 201.3 COMMAND PROTOCOL 201.3.1 SUCCESSION OF COMMAND The Chief of Police exercises command over all personnel in the Department. During planned absences the Chief of Police will designate a Bureau Captain to serve as the acting Chief of Police. Except when designated as above, the order of command authority in the absence or unavailability of the Chief of Police is as follows: (a)Operations Bureau Captain (b)Administration Bureau Captain (c)Watch Commander 201.3.2 UNITY OF COMMAND The principles of unity of command ensure efficient supervision and control within the Department. Generally, each employee shall be accountable to one supervisor at any time for a given assignment or responsibility. Except where specifically delegated authority may exist by policy or special assignment (e.g., SWAT), any supervisor may temporarily direct any subordinate if an operational necessity exists. San Luis Obispo Police Department San Luis Obispo PD CA Policy Manual Organizational Structure and Responsibility Copyright Lexipol, LLC 2019/01/24, All Rights Reserved. Published with permission by San Luis Obispo Police Department Organizational Structure and Responsibility - 19 201.3.3 ORDERS Members shall respond to and make a good faith and reasonable effort to comply with the lawful order of superior officers and other proper authority. Policy 206 San Luis Obispo Police Department San Luis Obispo PD CA Policy Manual Copyright Lexipol, LLC 2019/01/24, All Rights Reserved. Published with permission by San Luis Obispo Police Department Departmental Directive - 20 Departmental Directive 206.1 PURPOSE AND SCOPE Special Orders establish an interdepartmental communication that may be used by the Chief of Police to make immediate changes topolicy and procedure consistent with the current Memorandum of Understanding and as permitted by Government Code § 3500 et seq. Special Orders will immediately modify or change and supersede sections of this manual to which they pertain. 206.1.1 DEPARTMENTAL DIRECTIVE PROTOCOL Departmental Directives will be incorporated into the manual as required upon approval of Staff. Special Orders will modify existing policies or create a new policy as appropriate and will be rescinded upon incorporation into the manual. All existing Special Orders have now been incorporated in the updated Policy Manual as of the below revision date. Any Special Orders issued after publication of the manual shall be numbered consecutively starting with the last two digits of the year, followed by the number "01" For example, 12-01 signifies the first Special Order for the year 2012. 206.2 RESPONSIBILITIES 206.2.1 STAFF The staff shall review and approve revisions of the Policy Manual, which will incorporate changes originally made by a Special Order. 206.2.2 CHIEF OF POLICE The Chief of Police shall issue all Special Orders. 206.3 ACCEPTANCE OF DEPARTMENTAL DIRECTIVES All employees are required to read and obtain any necessary clarification of all Special Orders. All employees are required to acknowledge in writing the receipt and review of any new Special Order. Signed acknowledgement forms and/or e-mail receipts showing an employee's acknowledgement will be maintained by the Training Manager. Policy 209 San Luis Obispo Police Department San Luis Obispo PD CA Policy Manual Copyright Lexipol, LLC 2019/01/24, All Rights Reserved. Published with permission by San Luis Obispo Police Department Emergency Management Plan - 21 Emergency Management Plan 209.1 PURPOSE AND SCOPE The City has prepared an Emergency Management Plan for use by all employees in the event of a major disaster or other emergency event. The plan provides for a strategic response by all employees and assigns specific responsibilities in the event that the plan is activated (Government Code § 8610). 209.2 ACTIVATING THE EMERGENCY PLAN The Emergency Management Plan can be activated on the order of the official designated by local ordinance. 209.2.1 RECALL OF PERSONNEL In the event that the Emergency Management Plan is activated, all employees of the San Luis Obispo Police Department are subject to immediate recall. Employees may also be subject to recall during extraordinary circumstances as deemed necessary by the Chief of Police or the authorized designee. Failure to promptly respond to an order to report for duty may result in discipline. 209.3 LOCATION OF THE PLAN The Emergency Management Plan is available in Administration and the Watch Commander's office. All supervisors should familiarize themselves with the Emergency Management Plan. The Administration supervisor should ensure that department personnel are familiar with the roles police personnel will play when the plan is implemented. 209.4 UPDATING OF MANUALS The Chief of Police or designee shall review the Emergency Management Plan Manual at least once every two years to ensure that the manual conforms to any revisions made by the National Incident Management System (NIMS) and the Standardized Emergency Management System (SEMS) and should appropriately address any needed revisions. Policy 212 San Luis Obispo Police Department San Luis Obispo PD CA Policy Manual Copyright Lexipol, LLC 2019/01/24, All Rights Reserved. Published with permission by San Luis Obispo Police Department Training Policy - 22 Training Policy 212.1 PURPOSE AND SCOPE It is the policy of this department to administer a training program that will provide for the professional growth and continued development of its personnel. By doing so, the Department will ensure its personnel possess the knowledge and skills necessary to provide a professional level of service that meets the needs of the community. 212.2 PHILOSOPHY The Department seeks to provide ongoing training and encourages all personnel to participate in advanced training and formal education on a continual basis. Training is provided within the confines of funding, requirements of a given assignment, staffing levels, and legal mandates. Whenever possible, the Department will use courses certified by the California Commission on Peace Officer Standards and Training (POST). 212.3 OBJECTIVES The objectives of the Training Program are to: (a)Enhance the level of law enforcement service to the public (b)Increase the technical expertise and overall effectiveness of our personnel (c)Provide for continued professional development of department personnel 212.4 TRAINING PLAN A training plan will be developed and maintained by the Training Manager. It is the responsibility of the Training Manager to maintain, review, and update the training plan on an annual basis. 212.5 TRAINING NEEDS ASSESSMENT The Administrative Sergeant will conduct an annual training-needs assessment of the Department. The needs assessment will be reviewed by staff. Upon approval by the staff, the needs assessment will form the basis for the training plan for the fiscal year. 212.7 TRAINING PROCEDURES (a)All employees assigned to attend training shall attend as scheduled unless previously excused by their immediate supervisor. Excused absences from mandatory training should be limited to the following: 1.Court appearances 2.Approved vacation leave 3.Sick leave 4.Physical limitations preventing the employee's participation. San Luis Obispo Police Department San Luis Obispo PD CA Policy Manual Training Policy Copyright Lexipol, LLC 2019/01/24, All Rights Reserved. Published with permission by San Luis Obispo Police Department Training Policy - 23 5.Emergency situations (b)When an employee is unable to attend mandatory training, that employee shall: 1.Notify his/her supervisor as soon as possible but no later than one hour prior to the start of training. 2.Document his/her absence in a memorandum to his/her supervisor. 3.Make arrangements through his/her supervisor and the Training Manager to attend the required training on an alternate date. 212.8 DAILY TRAINING BULLETINS The Lexipol Daily Training Bulletins (DTBs) is a web-accessed system that provides training on the San Luis Obispo Police Department Policy Manual and other important topics. Generally, one training bulletin is available for each day of the month. However, the number of DTBs may be adjusted by the Training Manager. Personnel assigned to participate in DTBs should only use the password and login name assigned to them by the Training Manager. Personnel should not share their password with others and should frequently change their password to protect the security of the system. After each session, employees should log off the system to prevent unauthorized access. The content of the DTBs is copyrighted material and shall not be shared with others outside of the Department. Employees who are assigned to participate in the DTB program should complete each DTB at the beginning of their shift or as otherwise directed by their supervisor. Employees should not allow uncompleted DTBs to build up over time. Personnel may be required to complete DTBs missed during extended absences (e.g., vacation, medical leave) upon returning to duty. Although the DTB system can be accessed from any Internet active computer, employees shall only take DTBs as part of their on-duty assignment unless directed otherwise by a supervisor. Supervisors will be responsible for monitoring the progress of personnel under their command to ensure compliance with this policy. 212.9 SUPERVISOR DEVELOPMENT Employees promoted to supervisor shall attend a POST certified supervisory training course within the first year of their supervisory assignment. Within the first four months of their supervisory assignment, newly promoted Sergeants shall complete field supervisory training conducted by a Patrol Lieutenant. The training shall, at a minimum, consist of the following: (a)Completion of the specific training areas contained in the Supervisor Development Guide. (b)Programs and objectives of each patrol watch. San Luis Obispo Police Department San Luis Obispo PD CA Policy Manual Training Policy Copyright Lexipol, LLC 2019/01/24, All Rights Reserved. Published with permission by San Luis Obispo Police Department Training Policy - 24 (c)City staff orientation, including introductions to City Manager, Assistant City Manager, and Department Heads. (d)Briefing procedures, inspections, and briefing training. (e)Scheduling and shift coverage procedures and policies. (f)Processing time off requests. (g)Use of Force investigation and reporting. (h)Workers Compensation investigation and reporting. (i)Critical incident management. (j)Special events coordination and management. (k)Policy review. At the completion of the training, the Patrol Lieutenant shall author a memo to the Chief of Police via chain of command indicating whether or not the Sergeant successfully completed the field training program. Policy 217 San Luis Obispo Police Department San Luis Obispo PD CA Policy Manual Copyright Lexipol, LLC 2019/01/24, All Rights Reserved. Published with permission by San Luis Obispo Police Department Electronic Mail - 25 Electronic Mail 217.1 PURPOSE AND SCOPE The purpose of this policy is to establish guidelines for the proper use and application of the Department’s electronic mail (email) system by employees of this department. Email is a communication tool available to employees to enhance efficiency in the performance of job duties and is to be used in accordance with generally accepted business practices and current law (e.g., California Public Records Act). Messages transmitted over the email system must only be those that involve official business activities or contain information essential to employees for the accomplishment of business-related tasks and/or communication directly related to the business, administration, or practices of the Department. 217.2 EMAIL RIGHT OF PRIVACY All email messages, including any attachments, that are transmitted over department networks are considered department records and therefore are department property. The Department reserves the right to access, audit or disclose, for any lawful reason, any message including any attachment that is transmitted over its email system or that is stored on any department system. The email system is not a confidential system since all communications transmitted on, to or from the system are the property of the Department. Therefore, the email system is not appropriate for confidential communications. If a communication must be private, an alternative method to communicate the message should be used instead of email. Employees using the Department’s email system shall have no expectation of privacy concerning communications utilizing the system. Employees should not use personal accounts to exchange email or other information that is related to the official business of the Department. 217.3 PROHIBITED USE OF EMAIL Sending derogatory, defamatory, obscene, disrespectful, sexually suggestive and harassing or any other inappropriate messages on the email system is prohibited and may result in discipline. Email messages addressed to the entire department are only to be used for official business related items that are of particular interest to all users. It is a violation of this policy to transmit a message under another user’s name. Users are strongly encouraged to log off the network when their computer is unattended. This added security measure would minimize the misuse of an individual’s email, name and/or password by others. 217.4 EMAIL RECORD MANAGEMENT Email may, depending upon the individual content, be a public record under the California Public Records Act and must be managed in accordance with the established records retention schedule and in compliance with state law. San Luis Obispo Police Department San Luis Obispo PD CA Policy Manual Electronic Mail Copyright Lexipol, LLC 2019/01/24, All Rights Reserved. Published with permission by San Luis Obispo Police Department Electronic Mail - 26 The Custodian of Records shall ensure that email messages are retained and recoverable as outlined in the Records Maintenance and Release Policy. Policy 220 San Luis Obispo Police Department San Luis Obispo PD CA Policy Manual Copyright Lexipol, LLC 2019/01/24, All Rights Reserved. Published with permission by San Luis Obispo Police Department Administrative Communications - 27 Administrative Communications 220.1 PURPOSE AND SCOPE Administrative communications of this department are governed by the following policies. 220.2 SPECIAL ORDERS Memorandums may be issued periodically by the Chief of Police to announce and document all promotions, transfers, hiring of new personnel, separations, personnel and group commendations, or other changes in status. 220.3 CORRESPONDENCE In order to ensure that the letterhead and name of the Department are not misused, external correspondence should be on Department letterhead. Personnel shall use Department letterhead only for official business. 220.4 SURVEYS All surveys made in the name of the Department shall be authorized by the Chief of Police or a Bureau Commander. Policy 223 San Luis Obispo Police Department San Luis Obispo PD CA Policy Manual Copyright Lexipol, LLC 2019/01/24, All Rights Reserved. Published with permission by San Luis Obispo Police Department Staffing Levels - 28 Staffing Levels 223.1 PURPOSE AND SCOPE The purpose of this policy is to ensure that proper supervision is available for all shifts. The Department intends to balance the employee's needs against the need to have flexibility and discretion in using personnel to meet operational needs. While balance is desirable, the paramount concern is the need to meet operational requirements of the Department. 223.2 MINIMUM STAFFING LEVELS Minimum patrol staffing levels should be at least one supervisor and four officers on duty at all times absent exigent circumstances. Minimum staffing in the Communications Center will be two trained personnel absent exigent circumstances. Policy 226 San Luis Obispo Police Department San Luis Obispo PD CA Policy Manual Copyright Lexipol, LLC 2019/01/24, All Rights Reserved. Published with permission by San Luis Obispo Police Department License to Carry a Firearm - 29 License to Carry a Firearm 226.1 PURPOSE AND SCOPE The Chief of Police is given the statutory discretion to issue a license to carry a firearm to residents within the community (Penal Code § 26150; Penal Code § 26155). This policy will provide a written process for the application and issuance of such licenses. Pursuant to Penal Code § 26160, this policy shall be made accessible to the public. 226.1.1 APPLICATION OF POLICY Nothing in this policy shall preclude the Chief or other head of a municipal police department from entering into an agreement with the Sheriff of the county or preclude the Sheriff of the county from entering into an agreement with the Chief of any municipal police department to process all applications and license renewals for the carrying of concealed weapons (Penal Code § 26150; Penal Code § 26155). 226.2 POLICY The San Luis Obispo Police Department will fairly and impartially consider all applications to carry firearms in accordance with applicable law and this policy. 226.3 QUALIFIED APPLICANTS In order to qualify for a license to carry a firearm, the applicant must meet certain requirements, including: (a)Be a resident of the City of (Penal Code § 26150; Penal Code § 26155). (b)Be at least 21 years of age (Penal Code § 29610). (c)Fully complete an application that will include substantial personal information. Much of the information in the application may be subject to public access under the Public Records Act. (d)Be free from criminal convictions that would disqualify the applicant from carrying a firearm. Fingerprints will be required and a complete criminal background check will be conducted. (e)Be of good moral character (Penal Code § 26150; Penal Code § 26155). (f)Show good cause for the issuance of the license (Penal Code § 26150; Penal Code § 26155). (g)Pay all associated application fees. These fees are set by statute and may not be refunded if the application is denied. (h)Provide proof of ownership or registration of any firearm to be licensed. (i)Be free from any psychological conditions that might make the applicant unsuitable for carrying a firearm (Penal Code § 26190). (j)Complete required training (Penal Code § 26165). San Luis Obispo Police Department San Luis Obispo PD CA Policy Manual License to Carry a Firearm Copyright Lexipol, LLC 2019/01/24, All Rights Reserved. Published with permission by San Luis Obispo Police Department License to Carry a Firearm - 30 226.4 APPLICATION PROCESS The application process for a license to carry a firearm shall consist of two phases. Upon the successful completion of each phase, the applicant will advance to the next phase until the process is completed and the license is either issued or denied. 226.4.1 PHASE ONE (TO BE COMPLETED BY ALL APPLICANTS) (a)Any individual applying for a license to carry a firearm shall first fully complete a California Department of Justice (DOJ) application to be signed under penalty of perjury. Any applicant who provides false information or statements on the application will be removed from further consideration and may be prosecuted for a criminal offense (Penal Code § 26180). 1.In the event of any discrepancies in the application or background investigation, the applicant may be required to undergo a polygraph examination, at no cost to the applicant. 2.If an incomplete application package is received, the Chief of Police or authorized designee may do any of the following: (a)Require the applicant to complete the package before any further processing. (b)Advance the incomplete package to phase two for conditional processing pending completion of all mandatory conditions. (c)Issue a denial if the materials submitted at the time demonstrate that the applicant would not qualify for a license to carry a firearm even if the package was completed (e.g., not a resident, disqualifying criminal conviction, absence of good cause). (b)At the time the completed application is submitted, the applicant shall submit a check made payable to the California Department of Justice for the required California DOJ application fee, along with a separate check made payable to the City of Name of your jurisdiction: for a nonrefundable 20 percent of the application fee to cover the cost of processing the application (Penal Code § 26190). 1.Additional fees may be required for fingerprinting, training or psychological testing, in addition to the application fee. 2.Full payment of the remainder of the application fee will be required upon issuance of a license. 3.Payment of related fees may be waived if the applicant is a duly appointed reserve peace officer as defined in Penal Code § 830.6 (a) or (b) (Penal Code § 26170). (c)The applicant shall be required to submit to fingerprinting and a complete criminal background check by the California DOJ. A second set of fingerprints may be required for retention in department files. Two recent passport-size photos (2 inches by 2 inches) of the applicant shall be submitted for department use. No person determined to fall within a prohibited class described in Penal Code § 29800, Penal Code § 29900, Welfare and Institutions Code § 8100 or Welfare and Institutions Code § 8103 will be San Luis Obispo Police Department San Luis Obispo PD CA Policy Manual License to Carry a Firearm Copyright Lexipol, LLC 2019/01/24, All Rights Reserved. Published with permission by San Luis Obispo Police Department License to Carry a Firearm - 31 issued a license to carry a firearm. A license shall not be issued if the California DOJ determines that the applicant is prohibited by state or federal law from possessing, receiving, owning or purchasing a firearm (Penal Code § 26195). (d)The applicant should submit at least three signed letters of character reference from individuals other than relatives. (e)The applicant shall submit proof of ownership or registration of each firearm to be licensed. Once the Chief of Police or authorized designee has reviewed the completed application package and relevant background information, the application will either be advanced to phase two or denied. In the event that an application is denied at the conclusion of, or during, phase one, the applicant shall be notified in writing within 90 days of the initial application or within 30 days after receipt of the applicant’s criminal background check from the California DOJ, whichever is later. If the license is denied, the notice shall state which requirement was not satisfied (Penal Code § 26205). 226.4.2 PHASE TWO This phase is to be completed only by those applicants successfully completing phase one. (a)Upon successful completion of phase one, the applicant shall be scheduled for a personal interview with the Chief of Police or authorized designee. During this stage, there will be further discussion of the applicant’s statement of good cause and any potential restrictions or conditions that might be placed on the license. 1.The determination of good cause should consider the totality of circumstances in each individual case. 2.Any denial for lack of good cause should be rational, articulable and not arbitrary in nature. 3.The Department will provide written notice to the applicant as to the determination of good cause (Penal Code § 26202). (b)The Chief of Police may, based upon criteria established by the Chief of Police, require that the applicant be referred to an authorized psychologist used by the Department for psychological testing. The cost of such psychological testing (not to exceed $150) shall be paid by the applicant. The purpose of any such psychological testing is intended only to identify any outward indications or history of psychological problems that might render the applicant unfit to carry a firearm. This testing is not intended to certify in any other respect that the applicant is psychologically fit. If it is determined that the applicant is not a suitable candidate for carrying a firearm, the applicant shall be removed from further consideration (Penal Code § 26190). (c)The applicant shall complete a course of training approved by the department, which complies with Penal Code § 26165. The applicant will not be required to complete and pay for any training courses prior to any determination of good cause (Penal Code § 26165; Penal Code § 26202). San Luis Obispo Police Department San Luis Obispo PD CA Policy Manual License to Carry a Firearm Copyright Lexipol, LLC 2019/01/24, All Rights Reserved. Published with permission by San Luis Obispo Police Department License to Carry a Firearm - 32 (d)The applicant shall submit any firearm to be considered for a license to the Rangemaster or other department authorized gunsmith, at no cost to the applicant, for a full safety inspection. The Chief of Police reserves the right to deny a license for any firearm that has been altered from the manufacturer’s specifications or that is unsafe (Penal Code § 31910). (e)The applicant shall successfully complete a firearms safety and proficiency examination with the firearm to be licensed, to be administered by the department Rangemaster, or provide proof of successful completion of another department-approved firearms safety and proficiency examination, including completion of all releases and other forms. The cost of any outside inspection/ examination shall be the responsibility of the applicant. Once the Chief of Police or authorized designee has verified the successful completion of phase two, the license to carry a firearm will either be granted or denied. Whether an application is approved or denied at the conclusion of or during phase two, the applicant shall be notified in writing within 90 days of the initial application or within 30 days after receipt of the applicant’s criminal background check from the California DOJ, whichever is later. If the license is denied, the notice shall state which requirement was not satisfied (Penal Code § 26205). 226.5 LIMITED BUSINESS LICENSE TO CARRY A CONCEALED FIREARM The authority to issue a limited business license to carry a concealed firearm to a non-resident applicant is granted only to the Sheriff of the county in which the applicant works. A chief of a municipal police department may not issue limited licenses (Penal Code § 26150). Therefore, such applicants may be referred to the Sheriff for processing. An individual who is not a resident of the county but who otherwise successfully completes all portions of phases one and two above, may apply for and be issued a limited license subject to approval by the Sheriff and subject to the following: (a)The applicant physically spends a substantial period of working hours in the applicant’s principal place of employment or business within the City of Name of your jurisdiction: (Penal Code § 26150). (b)Such a license will be valid for a period not to exceed 90 days from the date of issuance (Penal Code § 26220). (c)The applicant shall provide a copy of the license to the licensing authority of the city or county in which the applicant resides (Penal Code § 26220). (d)Any application for renewal or reissuance of such a license may be granted only upon concurrence of the original issuing authority and the licensing authority of the city or county in which the applicant resides (Penal Code § 26220). 226.6 ISSUED FIREARMS PERMITS In the event a license to carry a firearm is issued by the Chief of Police, the following shall apply: San Luis Obispo Police Department San Luis Obispo PD CA Policy Manual License to Carry a Firearm Copyright Lexipol, LLC 2019/01/24, All Rights Reserved. Published with permission by San Luis Obispo Police Department License to Carry a Firearm - 33 (a)The license will be subject to any and all reasonable restrictions or conditions the Chief of Police has deemed warranted, including restrictions as to the time, place, manner and circumstances under which the person may carry the firearm. 1.All such restrictions or conditions shall be conspicuously noted on any license issued (Penal Code § 26200). 2.The licensee will be required to sign a Restrictions and Conditions Agreement. Any violation of any of the restrictions and conditions may result in the immediate revocation of the license. (b)The license shall include: an expiration date, type of firearm, restrictions and other pertinent information needs to be clearly visible. 1.Each license shall be numbered and clearly identify the licensee. 2.All licenses shall be subjected to inspection by the Chief of Police or any law enforcement officer. (c)The license will be valid for a period not to exceed two years from the date of issuance (Penal Code § 26220). 1.A license issued to a state or federal magistrate, commissioner or judge will be valid for a period not to exceed three years. 2.A license issued to any reserve peace officer as defined in Penal Code § 830.6(a) or (b), or a custodial officer employed by the Sheriff as provided in Penal Code § 831.5 will be valid for a period not to exceed four years, except that such license shall be invalid upon the individual’s conclusion of service as a reserve officer. (d)If the licensee’s place of residence was the basis for issuance of a license and the licensee moves out of the county of issuance, the license shall expire 90 days after the licensee has moved (Penal Code § 26210). (e)The licensee shall notify this department in writing within 10 days of any change of place of residency. 226.6.1 LICENSE RESTRICTIONS (a)The Chief of Police may place special restrictions limiting time, place, manner and circumstances under which any license shall be valid. In general, these restrictions will prohibit the licensee from: 1.Consuming any alcoholic beverage while armed. 2.Falsely representing him/herself as a peace officer. 3.Unjustified or unreasonable displaying of a firearm. 4.Committing any crime. 5.Being under the influence of any medication or drug while armed. 6.Interfering with any law enforcement officer’s duties. San Luis Obispo Police Department San Luis Obispo PD CA Policy Manual License to Carry a Firearm Copyright Lexipol, LLC 2019/01/24, All Rights Reserved. Published with permission by San Luis Obispo Police Department License to Carry a Firearm - 34 7.Refusing to display his/her license or firearm for inspection upon demand of any peace officer. 8.Loading the permitted firearm with illegal ammunition. (b)The Chief of Police reserves the right to inspect any license or licensed firearm at any time. (c)The alteration of any previously approved firearm including, but not limited to adjusting the trigger pull, adding laser sights or modifications shall void any license and serve as grounds for revocation. 226.6.2 AMENDMENTS TO LICENSES Any licensee may apply to amend a license at any time during the period of validity by completing and submitting a written Application for License Amendment along with the current processing fee to the Department in order to (Penal Code § 26215): (a)Add or delete authority to carry a firearm listed on the license. (b)Change restrictions or conditions previously placed on the license. (c)Change the address or other personal information of the licensee (Penal Code § 26210). In the event that any amendment to a valid license is approved by the Chief of Police, a new license will be issued reflecting the amendment. An amendment to any license will not serve to extend the original expiration date and an application for an amendment will not constitute an application for renewal of the license. 226.6.3 REVOCATION OF LICENSES Any license issued pursuant to this policy may be immediately revoked by the Chief of Police for any of the following reasons: (a)The licensee has violated any of the restrictions or conditions placed upon the license. (b)The licensee becomes psychologically unsuitable to carry a firearm. (c)The licensee is determined to be within a prohibited class described in Penal Code § 29800, Penal Code § 29900, Welfare and Institutions Code § 8100, Welfare and Institutions Code § 8103 or any state or federal law. (d)The licensee engages in any conduct which involves a lack of good moral character or that might otherwise remove the good cause for the original issuance of the license. (e)If the license is one to carry “loaded and exposed,” the license shall be revoked immediately upon a change of the licensee’s place of residence to another county (Penal Code § 26210). The issuance of a license by the Chief of Police shall not entitle the holder to either a property or liberty interest as the issuance, amendment or revocation of such license remains exclusively within the discretion of the Chief of Police as set forth herein. San Luis Obispo Police Department San Luis Obispo PD CA Policy Manual License to Carry a Firearm Copyright Lexipol, LLC 2019/01/24, All Rights Reserved. Published with permission by San Luis Obispo Police Department License to Carry a Firearm - 35 If any license is revoked, the Department will immediately notify the licensee in writing and the California DOJ (Penal Code § 26225). 226.6.4 LICENSE RENEWAL No later than 90 days prior to the expiration of any valid license to carry a firearm, the licensee may apply to the Chief of Police for a renewal by: (a)Verifying all information submitted in the original application under penalty of perjury. (b)Completing a department-approved training course pursuant to Penal Code § 26165. The applicant shall not be required to pay for a training course prior to the determination of good cause (Penal Code § 26165). (c)Submitting any firearm to be considered for a license renewal to the Rangemaster for a full safety inspection. The Chief of Police reserves the right to deny a license for any firearm that has been altered from the manufacturer’s specifications or that is unsafe (Penal Code § 31910). (d)Paying a non-refundable renewal application fee. Once the Chief of Police or authorized designee has verified the successful completion of the renewal process, the renewal of the license to carry a firearm will either be granted or denied. Prior issuance of a license shall not entitle any licensee to any property or liberty right to renewal. Whether an application for renewal is approved or denied, the applicant shall be notified in writing within 90 days of the renewal application or within 30 days after receipt of the applicant’s criminal background check from the California DOJ, whichever is later (Penal Code § 26205). 226.7 DEPARTMENT REPORTING AND RECORDS Pursuant to Penal Code § 26225, the Chief of Police shall maintain a record of the following and immediately provide copies of each to the California DOJ: (a)The denial of a license (b)The denial of an amendment to a license (c)The issuance of a license (d)The amendment of a license (e)The revocation of a license The Chief of Police shall annually submit to the State Attorney General the total number of licenses to carry firearms issued to reserve peace officers and judges. 226.8 CONFIDENTIAL RECORDS The home address and telephone numbers of any peace officer, public defender, prosecutor, magistrate, court commissioner or judge contained in an application shall not be considered public record (Government Code § 6254(u)(2)). San Luis Obispo Police Department San Luis Obispo PD CA Policy Manual License to Carry a Firearm Copyright Lexipol, LLC 2019/01/24, All Rights Reserved. Published with permission by San Luis Obispo Police Department License to Carry a Firearm - 36 Any information in an application for a license to carry a firearm that indicates when or where the applicant is vulnerable to attack or that concerns the applicant’s medical or psychological history or that of his/her family shall not be considered public record (Government Code § 6254(u)(1)). Policy 229 San Luis Obispo Police Department San Luis Obispo PD CA Policy Manual Copyright Lexipol, LLC 2019/01/24, All Rights Reserved. Published with permission by San Luis Obispo Police Department Retiree Concealed Firearms - 37 Retiree Concealed Firearms 229.1 PURPOSE AND SCOPE The purpose of this policy is to provide guidelines for the issuance, denial, suspension or revocation of San Luis Obispo Police Department identification cards under the Law Enforcement Officers’ Safety Act (LEOSA) and California law (18 USC § 926C; Penal Code § 25455). 229.2 POLICY It is the policy of the San Luis Obispo Police Department to provide identification cards to qualified former or retired officers as provided in this policy. 229.3 LEOSA The Chief of Police may issue an identification card for LEOSA purposes to any qualified former officer of this department who (18 USC § 926C(c)): (a)Separated from service in good standing from this department as an officer. (b)Before such separation, had regular employment as a law enforcement officer for an aggregate of 10 years or more or, if employed as a law enforcement officer for less than 10 years, separated from service after completing any applicable probationary period due to a service-connected disability as determined by this department. (c)Has not been disqualified for reasons related to mental health. (d)Has not entered into an agreement with this department where the officer acknowledges that he/she is not qualified to receive a firearm qualification certificate for reasons related to mental health. (e)Is not prohibited by federal law from receiving or possessing a firearm. 229.3.1 LEOSA IDENTIFICATION CARD FORMAT The LEOSA identification card should contain a photograph of the former officer and identify him/ her as having been employed as an officer. If the San Luis Obispo Police Department qualifies the former officer, the LEOSA identification card or separate certification should indicate the date the former officer was tested or otherwise found by the Department to meet the active duty standards for qualification to carry a firearm. 229.3.2 AUTHORIZATION Any qualified former law enforcement officer, including a former officer of this department, may carry a concealed firearm under 18 USC § 926C when he/she is: (a)In possession of photographic identification that identifies him/her as having been employed as a law enforcement officer, and one of the following: 1.An indication from the person’s former law enforcement agency that he/she has, within the past year, been tested or otherwise found by the law enforcement San Luis Obispo Police Department San Luis Obispo PD CA Policy Manual Retiree Concealed Firearms Copyright Lexipol, LLC 2019/01/24, All Rights Reserved. Published with permission by San Luis Obispo Police Department Retiree Concealed Firearms - 38 agency to meet agency-established active duty standards for qualification in firearms training to carry a firearm of the same type as the concealed firearm. 2.A certification, issued by either the state in which the person resides or by a certified firearms instructor who is qualified to conduct a firearms qualification test for active duty law enforcement officers within that state, indicating that the person has, within the past year, been tested or otherwise found to meet the standards established by the state or, if not applicable, the standards of any agency in that state. (b)Not under the influence of alcohol or another intoxicating or hallucinatory drug or substance. (c)Not prohibited by federal law from receiving a firearm. (d)Not in a location prohibited by California law or by a private person or entity on his/her property if such prohibition is permitted by California law. 229.4 CALIFORNIA IDENTIFICATION CARD ISSUANCE Any full-time sworn officer of this department who was authorized to, and did, carry a concealed firearm during the course and scope of his/her employment shall be issued an identification card with a Carrying Concealed Weapon endorsement, "CCW Approved," upon honorable retirement (Penal Code § 25455). (a)For the purpose of this policy, honorably retired includes all peace officers who have qualified for, and accepted, a service or disability retirement. It shall not include any officer who retires in lieu of termination. (b)No CCW Approved endorsement shall be issued to any officer retiring because of a psychological disability (Penal Code § 26305). 229.4.1 CALIFORNIA IDENTIFICATION CARD FORMAT The identification card issued to any qualified and honorably retired officer shall be 2 inches by 3 inches, and minimally contain (Penal Code § 25460): (a)A photograph of the retiree. (b)The retiree’s name and date of birth. (c)The date of retirement. (d)The name and address of this department. (e)A stamped CCW Approved endorsement along with the date by which the endorsement must be renewed (not more than one year). If a CCW endorsement has been denied or revoked, the identification card shall be stamped “No CCW Privilege.” 229.4.2 QUALIFIED RETIREES FROM INCORPORATED JURISDICTION The San Luis Obispo Police Department shall provide an identification card with a CCW Approved endorsement to honorably retired peace officers from any jurisdiction that this department now serves under the following conditions (Penal Code § 25905): San Luis Obispo Police Department San Luis Obispo PD CA Policy Manual Retiree Concealed Firearms Copyright Lexipol, LLC 2019/01/24, All Rights Reserved. Published with permission by San Luis Obispo Police Department Retiree Concealed Firearms - 39 (a)The retiree's previous agency is no longer providing law enforcement services or the relevant government body is dissolved. (b)This department is in possession of the retiree’s complete personnel record or can verify the retiree’s honorably retired status. (c)The retiree is in compliance with all of the requirements of this department for the issuance of a CCW Approved endorsement. 229.4.3 QUALIFIED RETIRED RESERVES Qualified retired reserve officers who meet the department requirements shall be provided an identification card with a CCW Approved endorsement (Penal Code § 26300). 229.5 FORMER OFFICER RESPONSIBILITIES A former officer with a card issued under this policy shall immediately notify the Watch Commander of his/her arrest or conviction in any jurisdiction, or that he/she is the subject of a court order, in accordance with the Reporting of Employee Convictions policy. 229.5.1 RESPONSIBILITIES UNDER LEOSA In order to obtain or retain a LEOSA identification card, the former officer shall: (a)Sign a waiver of liability of the Department for all acts taken related to carrying a concealed firearm, acknowledging both his/her personal responsibility as a private person for all acts taken when carrying a concealed firearm as permitted by LEOSA and also that these acts were not taken as an employee or former employee of the Department. (b)Remain subject to all applicable department policies and federal, state and local laws. (c)Demonstrate good judgment and character commensurate with carrying a loaded and concealed firearm. (d)Successfully pass an annual criminal history background check indicating that he/she is not prohibited by law from receiving or possessing a firearm. 229.5.2 MAINTAINING A CALIFORNIA IDENTIFICATION CARD CCW ENDORSEMENT In order to maintain a CCW Approved endorsement on an identification card issued under California law, the retired officer shall (Penal Code § 26305): (a)Qualify annually with the authorized firearm at a course approved by this department at the retired officer’s expense. (b)Remain subject to all applicable department policies and federal, state and local laws. (c)Not engage in conduct that compromises public safety. (d)Only be authorized to carry a concealed firearm inspected and approved by the Department. 229.6 DENIAL, SUSPENSION OR REVOCATION OF A LEOSA IDENTIFICATION CARD A LEOSA identification card may be denied or revoked upon a showing of good cause as determined by the Department. In the event that an identification card is denied, suspended or San Luis Obispo Police Department San Luis Obispo PD CA Policy Manual Retiree Concealed Firearms Copyright Lexipol, LLC 2019/01/24, All Rights Reserved. Published with permission by San Luis Obispo Police Department Retiree Concealed Firearms - 40 revoked, the former officer may request a review by the Chief of Police. The decision of the Chief of Police is final. 229.7 DENIAL, SUSPENSION OR REVOCATION OF A CALIFORNIA CCW ENDORSEMENT CARD A CCW endorsement under Penal Code § 25470 for any officer retired from this department may be denied or revoked only upon a showing of good cause. The CCW endorsement may be immediately and temporarily revoked by the Watch Commander when the conduct of a retired peace officer compromises public safety. (a)In the event that a CCW endorsement is initially denied, the retired officer shall have 15 days from the date of denial to request a formal hearing. The failure to submit a timely written request for a hearing shall be deemed a waiver of such right. The hearing, absent written agreement between the parties, shall be held no later than 120 days after the request is received. (b)Prior to revocation of any CCW endorsement, the Department shall provide the affected retiree with written notice of a hearing by either personal service or first class mail, postage prepaid, return receipt requested to the retiree’s last known address (Penal Code § 26315). 1.The retiree shall have 15 days from the date of service to file a written request for a hearing. 2.The hearing, absent written agreement between the parties, shall be held no later than 120 days after the request is received (Penal Code § 26315). 3.The failure to submit a timely written request for a hearing shall be deemed a waiver of such right. (c)A hearing for the denial or revocation of any CCW endorsement shall be conducted before a hearing board composed of three members, one selected by the Department, one selected by the retiree or his/her employee organization and one selected jointly (Penal Code § 26320). 1.The decision of such hearing board shall be binding on the Department and the retiree. 2.Any retiree who waives the right to a hearing or whose CCW endorsement has been revoked at a hearing shall immediately surrender his/her identification card. The Department will then reissue a new identification card which shall be stamped “No CCW Privilege.” (d)Members who have reason to suspect the conduct of a retiree has compromised public safety shall notify the Watch Commander as soon as practicable. The Watch Commander should promptly take appropriate steps to look into the matter and, if warranted, contact the retiree in person and advise him/her of the temporary suspension and hearing information listed below. 1.Notification of the temporary suspension should also be promptly mailed to the retiree via first class mail, postage prepaid, return receipt requested (Penal Code § 26312). San Luis Obispo Police Department San Luis Obispo PD CA Policy Manual Retiree Concealed Firearms Copyright Lexipol, LLC 2019/01/24, All Rights Reserved. Published with permission by San Luis Obispo Police Department Retiree Concealed Firearms - 41 2.The Watch Commander should document the investigation, the actions taken and, if applicable, any notification made to the retiree. The memo should be forwarded to the Chief of Police. 3.The personal and written notification should be as follows: (a)The retiree’s CCW endorsement is immediately and temporarily suspended. (b)The retiree has 15 days to request a hearing to determine whether the temporary suspension should become permanent revocation. (c)The retiree will forfeit his/her right to a hearing and the CCW endorsement will be permanently revoked if the retiree fails to respond to the notice of hearing within the 15-day period. 4.In the event that personal contact with the retiree cannot be reasonably achieved in a timely manner, the Watch Commander should attempt to make the above notice of temporary suspension through another law enforcement officer. For example, if a retiree was arrested or detained by a distant agency, the Watch Commander may request that a law enforcement officer from that agency act as the agent of the Department to deliver the written notification. 229.8 FIREARM QUALIFICATIONS The Rangemaster may provide former officers from this department an opportunity to qualify. Written evidence of the qualification and the weapons used will be provided and will contain the date of the qualification. The Rangemaster will maintain a record of the qualifications and weapons used. San Luis Obispo Police Department San Luis Obispo PD CA Policy Manual Copyright Lexipol, LLC 2019/01/24, All Rights Reserved. Published with permission by San Luis Obispo Police Department General Operations - 42 Chapter 3 - General Operations Policy 300 San Luis Obispo Police Department San Luis Obispo PD CA Policy Manual Copyright Lexipol, LLC 2019/01/24, All Rights Reserved. Published with permission by San Luis Obispo Police Department Use of Force - 43 Use of Force 300.1 PURPOSE AND SCOPE This policy provides guidelines on the reasonable use of force. While there is no way to specify the exact amount or type of reasonable force to be applied in any situation, every member of this department is expected to use these guidelines to make such decisions in a professional, impartial and reasonable manner. 300.1.1 DEFINITIONS Definitions related to this policy include: Deadly force - Force reasonably anticipated to create a substantial likelihood of causing death or very serious injury. Force - The application of physical techniques or tactics, chemical agents or weapons to another person. It is not a use of force when a person allows him/herself to be searched, escorted, handcuffed or restrained. De-escalation- Taking action or communicating verbally or non-verbally during a potential force encounter in an attempt to stabilize the situation and reduce the immediacy of the threat so that more time, options, and resources can be called upon to resolve the situation without the use of force or with a reduction in the force necessary. 300.2 POLICY The use of force by law enforcement personnel is a matter of critical concern, both to the public and to the law enforcement community. Officers are involved on a daily basis in numerous and varied interactions and, when warranted, may use reasonable force in carrying out their duties. Officers must have an understanding of, and true appreciation for, their authority and limitations. This is especially true with respect to overcoming resistance while engaged in the performance of law enforcement duties. The Department recognizes and respects the value of all human life and dignity without prejudice to anyone. Vesting officers with the authority to use reasonable force and to protect the public welfare requires monitoring, evaluation and a careful balancing of all interests. 300.2.1 DUTY TO INTERCEDE Any officer present and observing another officer using force that is clearly beyond that which is objectively reasonable under the circumstances shall, when in a position to do so, intercede to prevent the use of unreasonable force. An officer who observes another employee use force that exceeds the degree of force permitted by law should promptly report these observations to a supervisor. San Luis Obispo Police Department San Luis Obispo PD CA Policy Manual Use of Force Copyright Lexipol, LLC 2019/01/24, All Rights Reserved. Published with permission by San Luis Obispo Police Department Use of Force - 44 300.3 USE OF FORCE Officers shall use only that amount of force that reasonably appears necessary given the facts and circumstances perceived by the officer at the time of the event to accomplish a legitimate law enforcement purpose. The reasonableness of force will be judged from the perspective of a reasonable officer on the scene at the time of the incident. Any evaluation of reasonableness must allow for the fact that officers are often forced to make split-second decisions about the amount of force that reasonably appears necessary in a particular situation, with limited information and in circumstances that are tense, uncertain and rapidly evolving. Given that no policy can realistically predict every possible situation an officer might encounter, officers are entrusted to use well-reasoned discretion in determining the appropriate use of force in each incident. It is also recognized that circumstances may arise in which officers reasonably believe that it would be impractical or ineffective to use any of the tools, weapons or methods provided by the Department. Officers may find it more effective or reasonable to improvise their response to rapidly unfolding conditions that they are confronting. In such circumstances, the use of any improvised device or method must nonetheless be reasonable and utilized only to the degree that reasonably appears necessary to accomplish a legitimate law enforcement purpose. While the ultimate objective of every law enforcement encounter is to avoid or minimize injury, nothing in this policy requires an officer to retreat or be exposed to possible physical injury before applying reasonable force. 300.3.1 USE OF FORCE TO EFFECT AN ARREST Any peace officer may use reasonable force to effect an arrest, to prevent escape or to overcome resistance. A peace officer who makes or attempts to make an arrest need not retreat or desist from his/her efforts by reason of resistance or threatened resistance on the part of the person being arrested; nor shall an officer be deemed the aggressor or lose his/her right to self-defense by the use of reasonable force to effect the arrest, prevent escape or to overcome resistance (Penal Code § 835a). 300.3.2 FACTORS USED TO DETERMINE THE REASONABLENESS OF FORCE When determining whether to apply force and evaluating whether an officer has used reasonable force, a number of factors should be taken into consideration, as time and circumstances permit. These factors include, but are not limited to: (a)Immediacy and severity of the threat to officers or others. (b)The conduct of the individual being confronted, as reasonably perceived by the officer at the time. (c)Officer/subject factors (age, size, relative strength, skill level, injuries sustained, level of exhaustion or fatigue, the number of officers available vs. subjects). San Luis Obispo Police Department San Luis Obispo PD CA Policy Manual Use of Force Copyright Lexipol, LLC 2019/01/24, All Rights Reserved. Published with permission by San Luis Obispo Police Department Use of Force - 45 (d)The effects of drugs or alcohol. (e)Subject’s mental state or capacity. (f)Proximity of weapons or dangerous improvised devices. (g)The degree to which the subject has been effectively restrained and his/her ability to resist despite being restrained. (h)The availability of other options and their possible effectiveness. (i)Seriousness of the suspected offense or reason for contact with the individual. (j)Training and experience of the officer. (k)Potential for injury to officers, suspects and others. (l)Whether the person appears to be resisting, attempting to evade arrest by flight or is attacking the officer. (m)The risk and reasonably foreseeable consequences of escape. (n)The apparent need for immediate control of the subject or a prompt resolution of the situation. (o)Whether the conduct of the individual being confronted no longer reasonably appears to pose an imminent threat to the officer or others. (p)Prior contacts with the subject or awareness of any propensity for violence. (q)Any other exigent circumstances. 300.3.3 DE-ESCALATION An officer shall use de-escalation techniques and other alternatives to higher levels of force consistent with his or her training whenever possible and appropriate before resorting to force and to reduce the need for force. Whenever possible and when such delay will not compromise the safety of the officer or another and will not result in the destruction of evidence, escape of a suspect, or commission of a crime, an officer shall allow an individual time and opportunity to submit to verbal commands before force is used. Escalation may include the use of such techniques as command presence, advisements, warnings, verbal persuasion, and tactical repositioning. 300.3.4 PAIN COMPLIANCE TECHNIQUES Pain compliance techniques may be effective in controlling a physically or actively resisting individual. Officers may only apply those pain compliance techniques for which they have successfully completed department-approved training. Officers utilizing any pain compliance technique should consider: (a)The degree to which the pain compliance technique may be controlled given the level of resistance. San Luis Obispo Police Department San Luis Obispo PD CA Policy Manual Use of Force Copyright Lexipol, LLC 2019/01/24, All Rights Reserved. Published with permission by San Luis Obispo Police Department Use of Force - 46 (b)Whether the person can comply with the direction or orders of the officer. (c)Whether the person has been given sufficient opportunity to comply. The application of any pain compliance technique shall be discontinued once the officer determines that compliance has been achieved. 300.3.5 CAROTID CONTROL HOLD The proper application of the carotid control hold may be effective in restraining a violent or combative individual. However, due to the potential for injury, the use of the carotid control hold is subject to the following: (a)The officer shall have successfully completed department-approved training in the use and application of the carotid control hold. (b)The carotid control hold may only be used when circumstances perceived by the officer at the time indicate that such application reasonably appears necessary to control a person in any of the following circumstances: 1.The subject is violent or physically resisting. 2.The subject, by words or actions, has demonstrated an intention to be violent and reasonably appears to have the potential to harm officers, him/herself or others. (c)The application of a carotid control hold on the following individuals should generally be avoided unless the totality of the circumstances indicates that other available options reasonably appear ineffective, or would present a greater danger to the officer, the subject or others, and the officer reasonably believes that the need to control the individual outweighs the risk of applying a carotid control hold: 1.Females who are known to be pregnant 2.Elderly individuals 3.Obvious juveniles 4.Individuals who appear to have Down syndrome or who appear to have obvious neck deformities or malformations, or visible neck injuries (d)Any individual who has had the carotid control hold applied, regardless of whether he/ she was rendered unconscious, shall be promptly examined by paramedics or other qualified medical personnel and should be monitored until examined by paramedics or other appropriate medical personnel. (e)The officer shall inform any person receiving custody, or any person placed in a position of providing care, that the individual has been subjected to the carotid control hold and whether the subject lost consciousness as a result. San Luis Obispo Police Department San Luis Obispo PD CA Policy Manual Use of Force Copyright Lexipol, LLC 2019/01/24, All Rights Reserved. Published with permission by San Luis Obispo Police Department Use of Force - 47 (f)Any officer attempting or applying the carotid control hold shall promptly notify a supervisor of the use or attempted use of such hold. (g)The use or attempted use of the carotid control hold shall be thoroughly documented by the officer in any related reports. 300.3.6 USE OF FORCE TO SEIZE EVIDENCE In general, officers may use reasonable force to lawfully seize evidence and to prevent the destruction of evidence In the instance when force is used, officers should not intentionally use any technique that restricts blood flow to the head, restricts respiration or which creates a reasonable likelihood that blood flow to the head or respiration would be restricted. 300.4 DEADLY FORCE APPLICATIONS Use of deadly force is justified in the following circumstances: (a) An officer may use deadly force to protect him/herself or others from what he/she reasonably believes would be an imminent threat of death or serious bodily injury. (b) An officer may use deadly force to stop a fleeing subject when the officer has probable cause to believe that the person has committed, or intends to commit, a felony involving the infliction or threatened infliction of serious bodily injury or death, and the officer reasonably believes that there is an imminent risk of serious bodily injury or death to any other person if the subject is not immediately apprehended. Under such circumstances, a verbal warning should precede the use of deadly force, where feasible. Imminent does not mean immediate or instantaneous. An imminent danger may exist even if the suspect is not at that very moment pointing a weapon at someone. For example, an imminent danger may exist if an officer reasonably believes any of the following: 1. The person has a weapon or is attempting to access one and it is reasonable to believe the person intends to use it against the officer or another. 2. The person is capable of causing serious bodily injury or death without a weapon and it is reasonable to believe the person intends to do so. 300.4.1 SHOOTING AT OR FROM MOVING VEHICLES An officer should only discharge a firearm at a moving vehicle or its occupants when the officer reasonably believes there are no other reasonable means available to avert the threat of the vehicle, or if deadly force other than the vehicle is directed at the officer or others. San Luis Obispo Police Department San Luis Obispo PD CA Policy Manual Use of Force Copyright Lexipol, LLC 2019/01/24, All Rights Reserved. Published with permission by San Luis Obispo Police Department Use of Force - 48 300.5 REPORTING THE USE OF FORCE Any use of force by a member of this department shall be documented promptly, completely and accurately in an appropriate report, depending on the nature of the incident. The officer should articulate the factors perceived and why he/she believed the use of force was reasonable under the circumstances. To collect data for purposes of training, resource allocation, analysis and related purposes, the Department may require the completion of additional report forms, as specified in department policy, procedure or law. 300.5.1 NOTIFICATION TO SUPERVISORS Supervisory notification shall be made as soon as practicable following the application of force in any of the following circumstances: (a)The application caused a visible injury. (b)The application would lead a reasonable officer to conclude that the individual may have experienced more than momentary discomfort. (c)The individual subjected to the force complained of injury or continuing pain. (d)The individual indicates intent to pursue litigation. (e)Any application of a TASER device or control device. (f)Any application of a restraint device other than handcuffs, shackles or belly chains. (g)The individual subjected to the force was rendered unconscious. (h)An individual was struck or kicked. (i)An individual alleges any of the above has occurred. 300.5.2 REPORTING TO CALIFORNIA DEPARTMENT OF JUSTICE Statistical data regarding all officer-involved shootings and incidents involving use of force resulting in serious bodily injury is to be reported to the California Department of Justice as required by Government Code § 12525.2. See the Records Bureau policy. 300.6 MEDICAL CONSIDERATION Prior to booking or release, medical assistance shall be obtained for any person who exhibits signs of physical distress, who has sustained visible injury, expresses a complaint of injury or continuing pain, or who was rendered unconscious. Any individual exhibiting signs of physical distress after an encounter should be continuously monitored until he/she can be medically assessed. Based upon the officer’s initial assessment of the nature and extent of the subject’s injuries, medical assistance may consist of examination by fire personnel, paramedics, hospital staff or medical staff at the jail. If any such individual refuses medical attention, such a refusal shall be fully documented in related reports and, whenever practicable, should be witnessed by another officer and/or medical personnel. If a recording is made of the contact or an interview with the individual, any refusal should be included in the recording, if possible. San Luis Obispo Police Department San Luis Obispo PD CA Policy Manual Use of Force Copyright Lexipol, LLC 2019/01/24, All Rights Reserved. Published with permission by San Luis Obispo Police Department Use of Force - 49 The on-scene supervisor or, if the on-scene supervisor is not available, the primary handling officer shall ensure that any person providing medical care or receiving custody of a person following any use of force is informed that the person was subjected to force. This notification shall include a description of the force used and any other circumstances the officer reasonably believes would be potential safety or medical risks to the subject (e.g., prolonged struggle, extreme agitation, impaired respiration). Persons who exhibit extreme agitation, violent irrational behavior accompanied by profuse sweating, extraordinary strength beyond their physical characteristics and imperviousness to pain (sometimes called “excited delirium”), or who require a protracted physical encounter with multiple officers to be brought under control, may be at an increased risk of sudden death. Calls involving these persons should be considered medical emergencies. Officers who reasonably suspect a medical emergency should request medical assistance as soon as practicable and have medical personnel stage away if appropriate. 300.7 SUPERVISOR RESPONSIBILITY When a supervisor is able to respond to an incident in which there has been a reported application of force, the supervisor is expected to: (a)Obtain the basic facts from the involved officers. Absent an allegation of misconduct or excessive force, this will be considered a routine contact in the normal course of duties. (b)Ensure that any injured parties are examined and treated. (c)When possible, separately obtain a recorded interview with the subject upon whom force was applied. If this interview is conducted without the person having voluntarily waived his/her Miranda rights, the following shall apply: 1.The content of the interview should not be summarized or included in any related criminal charges. 2.The fact that a recorded interview was conducted should be documented in a property or other report. 3.The recording of the interview should be distinctly marked for retention until all potential for civil litigation has expired. (d)Once any initial medical assessment has been completed or first aid has been rendered, ensure that photographs have been taken of any areas involving visible injury or complaint of pain, as well as overall photographs of uninjured areas. These photographs should be retained until all potential for civil litigation has expired. (e)Identify any witnesses not already included in related reports. (f)Review and approve all related reports. (g)Determine if there is any indication that the subject may pursue civil litigation. San Luis Obispo Police Department San Luis Obispo PD CA Policy Manual Use of Force Copyright Lexipol, LLC 2019/01/24, All Rights Reserved. Published with permission by San Luis Obispo Police Department Use of Force - 50 1.If there is an indication of potential civil litigation, the supervisor should complete and route a notification of a potential claim through the appropriate channels. (h)Evaluate the circumstances surrounding the incident and initiate an administrative investigation if there is a question of policy non-compliance or if for any reason further investigation may be appropriate. In the event that a supervisor is unable to respond to the scene of an incident involving the reported application of force, the supervisor is still expected to complete as many of the above items as circumstances permit. 300.8 TRAINING Officers 1. Officers will receive periodic training on this policy and demonstrate their knowledge and understanding. 2. In addition, training shall be provided on a regular and periodic basis and designed to a. provide techniques for the use of and reinforce the importance of de-escalation; b. simulate actual shooting situations and conditions; and c. enhance officers' discretion and judgment in using less-lethal and deadly force in accordance with this policy. 3. All use-of-force training shall be documented. 300.9 USE OF FORCE ANALYSIS At least annually, the Operations Bureau Commander should prepare an analysis report on use of force incidents. The report should be submitted to the Chief of Police. The report should not contain the names of officers, suspects or case numbers, and should include: (a)The identification of any trends in the use of force by members. (b)Training needs recommendations. (c)Equipment needs recommendations. (d)Policy revision recommendations. Policy 305 San Luis Obispo Police Department San Luis Obispo PD CA Policy Manual Copyright Lexipol, LLC 2019/01/24, All Rights Reserved. Published with permission by San Luis Obispo Police Department Leg Restraint Device - 51 Leg Restraint Device 305.1 PURPOSE AND SCOPE This policy provides guidelines for the use of handcuffs and other restraints during detentions and arrests. 305.2 POLICY The San Luis Obispo Police Department authorizes the use of restraint devices in accordance with this policy, the Use of Force Policy and department training. Restraint devices shall not be used to punish, to display authority or as a show of force. 305.3 USE OF RESTRAINTS Only members who have successfully completed San Luis Obispo Police Department-approved training on the use of restraint devices described in this policy are authorized to use these devices. When deciding whether to use any restraint, officers should carefully balance officer safety concerns with factors that include, but are not limited to: •The circumstances or crime leading to the arrest. •The demeanor and behavior of the arrested person. •The age and health of the person. •Whether the person is known to be pregnant. •Whether the person has a hearing or speaking disability. In such cases, consideration should be given, safety permitting, to handcuffing to the front in order to allow the person to sign or write notes. •Whether the person has any other apparent disability. 305.3.1 RESTRAINT OF DETAINEES Situations may arise where it may be reasonable to restrain an individual who may, after brief investigation, be released without arrest. Unless arrested, the use of restraints on detainees should continue only for as long as is reasonably necessary to assure the safety of officers and others. When deciding whether to remove restraints from a detainee, officers should continuously weigh the safety interests at hand against the continuing intrusion upon the detainee. 305.3.2 RESTRAINT OF PREGNANT PERSONS Persons who are known to be pregnant should be restrained in the least restrictive manner that is effective for officer safety and in no event shall these persons be restrained by the use of leg irons, waist chains or handcuffs behind the body. No person who is in labor, delivery or recovery after delivery shall be handcuffed or restrained except in extraordinary circumstances and only when a supervisor makes an individualized San Luis Obispo Police Department San Luis Obispo PD CA Policy Manual Leg Restraint Device Copyright Lexipol, LLC 2019/01/24, All Rights Reserved. Published with permission by San Luis Obispo Police Department Leg Restraint Device - 52 determination that such restraints are necessary for the safety of the arrestee, officers or others (Penal Code § 3407; Penal Code § 6030). 305.3.3 RESTRAINT OF JUVENILES A juvenile under 14 years of age should not be restrained unless he/she is suspected of a dangerous felony or when the officer has a reasonable suspicion that the juvenile may resist, attempt escape, injure him/herself, injure the officer or damage property. 305.3.4 NOTIFICATIONS Whenever an officer transports a person with the use of restraints other than handcuffs, the officer shall inform the jail staff upon arrival at the jail that restraints were used. This notification should include information regarding any other circumstances the officer reasonably believes would be potential safety concerns or medical risks to the subject (e.g., prolonged struggle, extreme agitation, impaired respiration) that may have occurred prior to, or during transportation to the jail. 305.4 APPLICATION OF HANDCUFFS OR PLASTIC CUFFS Handcuffs, including temporary nylon or plastic cuffs, may be used only to restrain a person's hands to ensure officer safety. Although recommended for most arrest situations, handcuffing is discretionary and not an absolute requirement of the Department. Officers should consider handcuffing any person they reasonably believe warrants that degree of restraint. However, officers should not conclude that in order to avoid risk every person should be handcuffed, regardless of the circumstances. In most situations handcuffs should be applied with the hands behind the person's back. When feasible, handcuffs should be double-locked to prevent tightening, which may cause undue discomfort or injury to the hands or wrists. In situations where one pair of handcuffs does not appear sufficient to restrain the individual or may cause unreasonable discomfort due to the person's size, officers should consider alternatives, such as using an additional set of handcuffs or multiple plastic cuffs. Handcuffs should be removed as soon as it is reasonable or after the person has been searched and is safely confined within a detention facility. 305.5 APPLICATION OF SPIT HOODS/MASKS/SOCKS Spit hoods/masks/socks are temporary protective devices designed to prevent the wearer from biting and/or transferring or transmitting fluids (saliva and mucous) to others. Spit hoods may be placed upon persons in custody when the officer reasonably believes the person will bite or spit, either on a person or in an inappropriate place. They are generally used during application of a physical restraint, while the person is restrained, or during or after transport. Officers utilizing spit hoods should ensure that the spit hood is fastened properly to allow for adequate ventilation and that the restrained person can breathe normally. Officers should provide assistance during the movement of restrained individuals due to the potential for impaired or San Luis Obispo Police Department San Luis Obispo PD CA Policy Manual Leg Restraint Device Copyright Lexipol, LLC 2019/01/24, All Rights Reserved. Published with permission by San Luis Obispo Police Department Leg Restraint Device - 53 distorted vision on the part of the individual. Officers should avoid comingling individuals wearing spit hoods with other detainees. Spit hoods should not be used in situations where the restrained person is bleeding profusely from the area around the mouth or nose, or if there are indications that the person has a medical condition, such as difficulty breathing or vomiting. In such cases, prompt medical care should be obtained. If the person vomits while wearing a spit hood, the spit hood should be promptly removed and discarded. Persons who have been sprayed with oleoresin capsicum (OC) spray should be thoroughly decontaminated including hair, head and clothing prior to application of a spit hood. Those who have been placed in a spit hood should be continually monitored and shall not be left unattended until the spit hood is removed. Spit hoods shall be discarded after each use. 305.6 APPLICATION OF AUXILIARY RESTRAINT DEVICES Auxiliary restraint devices include transport belts, waist or belly chains, transportation chains, leg irons and other similar devices. Auxiliary restraint devices are intended for use during long-term restraint or transportation. They provide additional security and safety without impeding breathing, while permitting adequate movement, comfort and mobility. Only department-authorized devices may be used. Any person in auxiliary restraints should be monitored as reasonably appears necessary. 305.7 APPLICATION OF LEG RESTRAINT DEVICES Leg restraints may be used to restrain the legs of a violent or potentially violent person when it is reasonable to do so during the course of detention, arrest or transportation. Only restraint devices approved by the Department shall be used. In determining whether to use the leg restraint, officers should consider: (a)Whether the officer or others could be exposed to injury due to the assaultive or resistant behavior of a suspect. (b)Whether it is reasonably necessary to protect the suspect from his/her own actions (e.g., hitting his/her head against the interior of the patrol unit, running away from the arresting officer while handcuffed, kicking at objects or officers). (c)Whether it is reasonably necessary to avoid damage to property (e.g., kicking at windows of the patrol unit). 305.7.1 GUIDELINES FOR USE OF LEG RESTRAINTS When applying leg restraints the following guidelines should be followed: (a)If practicable, officers should notify a supervisor of the intent to apply the leg restraint device. In all cases, a supervisor shall be notified as soon as practicable after the application of the leg restraint device. San Luis Obispo Police Department San Luis Obispo PD CA Policy Manual Leg Restraint Device Copyright Lexipol, LLC 2019/01/24, All Rights Reserved. Published with permission by San Luis Obispo Police Department Leg Restraint Device - 54 (b)Once applied, absent a medical or other emergency, restraints should remain in place until the officer arrives at the jail or other facility or the person no longer reasonably appears to pose a threat. (c)Once secured, the person should be placed in a seated or upright position, secured with a seat belt, and shall not be placed on his/her stomach for an extended period, as this could reduce the person's ability to breathe. (d)The restrained person should be continually monitored by an officer while in the leg restraint. The officer should ensure that the person does not roll onto and remain on his/her stomach. (e)The officer should look for signs of labored breathing and take appropriate steps to relieve and minimize any obvious factors contributing to this condition. (f)When transported by ambulance/paramedic unit, the restrained person should be accompanied by an officer when requested by medical personnel. The transporting officer should describe to medical personnel any unusual behaviors or other circumstances the officer reasonably believes would be potential safety or medical risks to the subject (e.g., prolonged struggle, extreme agitation, impaired respiration). 305.8 REQUIRED DOCUMENTATION If an individual is restrained and released without an arrest, the officer shall document the details of the detention and the need for handcuffs or other restraints. This documentation should be no less than a field interview (FI) card. If an individual is arrested, the use of restraints other than handcuffs shall be documented in the related report. The officer should include, as appropriate: (a)The amount of time the suspect was restrained. (b)How the suspect was transported and the position of the suspect. (c)Observations of the suspect's behavior and any signs of physiological problems. (d)Any known or suspected drug use or other medical problems. Policy 307 San Luis Obispo Police Department San Luis Obispo PD CA Policy Manual Copyright Lexipol, LLC 2019/01/24, All Rights Reserved. Published with permission by San Luis Obispo Police Department Control Devices and Techniques - 55 Control Devices and Techniques 307.1 PURPOSE AND SCOPE This policy provides guidelines for the use and maintenance of control devices that are described in this policy. 307.2 POLICY In order to control subjects who are violent or who demonstrate the intent to be violent, the San Luis Obispo Police Department authorizes officers to use control devices in accordance with the guidelines in this policy and the Use of Force Policy. 307.3 ISSUING, CARRYING AND USING CONTROL DEVICES Control devices described in this policy may be carried and used by members of this department only if the device has been issued by the Department or approved by the Chief of Police or the authorized designee. Only officers who have successfully completed department-approved training in the use of any control device are authorized to carry and use the device. Control devices may be used when a decision has been made to control, restrain or arrest a subject who is violent or who demonstrates the intent to be violent, and the use of the device appears reasonable under the circumstances. When reasonable, a verbal warning and opportunity to comply should precede the use of these devices. When using control devices, officers should carefully consider potential impact areas in order to minimize injuries and unintentional targets. 307.4 RESPONSIBILITIES 307.4.1 WATCHCOMMANDER RESPONSIBILITIES The Watch Commander may authorize the use of a control device by selected personnel or members of specialized units who have successfully completed the required training. 307.4.2 RANGEMASTER RESPONSIBILITIES The Rangemaster shall control the inventory and issuance of all control devices and shall ensure that all damaged, inoperative, outdated or expended control devices or munitions are properly disposed of, repaired or replaced. Every control device will be periodically inspected by the Rangemaster or the designated instructor for a particular control device. The inspection shall be documented. 307.4.3 USER RESPONSIBILITIES All normal maintenance, charging or cleaning shall remain the responsibility of personnel using the various devices. San Luis Obispo Police Department San Luis Obispo PD CA Policy Manual Control Devices and Techniques Copyright Lexipol, LLC 2019/01/24, All Rights Reserved. Published with permission by San Luis Obispo Police Department Control Devices and Techniques - 56 Any damaged, inoperative, outdated or expended control devices or munitions, along with documentation explaining the cause of the damage, shall be returned to the Rangemaster for disposition. Damage to City property forms shall also be prepared and forwarded through the chain of command, when appropriate, explaining the cause of damage. 307.5 BATON GUIDELINES The need to immediately control a suspect must be weighed against the risk of causing serious injury. The head, neck, throat, spine, heart, kidneys and groin should not be intentionally targeted except when the officer reasonably believes the suspect poses an imminent threat of serious bodily injury or death to the officer or others. When carrying a baton, uniformed personnel shall carry the baton in its authorized holder on the equipment belt. Plainclothes and non-field personnel may carry the baton as authorized and in accordance with the needs of their assignment or at the direction of their supervisor. 307.6 TEAR GAS GUIDELINES Tear gas may be used for crowd control, crowd dispersal or against barricaded suspects based on the circumstances. Only the Watch Commander, Incident Commander or SWAT Team Commander may authorize the delivery and use of tear gas, and only after evaluating all conditions known at the time and determining that such force reasonably appears justified and necessary. When practicable, fire personnel should be alerted or summoned to the scene prior to the deployment of tear gas to control any fires and to assist in providing medical aid or gas evacuation if needed. 307.7 OLEORESIN CAPSICUM (OC) GUIDELINES As with other control devices, oleoresin capsicum (OC) spray and pepper projectiles may be considered for use to bring under control an individual or groups of individuals who are engaging in, or are about to engage in violent behavior. Pepper projectiles and OC spray should not, however, be used against individuals or groups who merely fail to disperse or do not reasonably appear to present a risk to the safety of officers or the public. 307.7.1 OC SPRAY Uniformed personnel carrying OC spray shall carry the device in its holster on the equipment belt. Plainclothes and non-field personnel may carry OC spray as authorized, in accordance with the needs of their assignment or at the direction of their supervisor. 307.7.2 PEPPER PROJECTILE SYSTEMS Pepper projectiles are plastic spheres that are filled with a derivative of OC powder. Because the compressed gas launcher delivers the projectiles with enough force to burst the projectiles on impact and release the OC powder, the potential exists for the projectiles to inflict injury if they strike the head, neck, spine or groin. Therefore, personnel using a pepper projectile system should not intentionally target those areas, except when the officer reasonably believes the suspect poses an imminent threat of serious bodily injury or death to the officer or others. San Luis Obispo Police Department San Luis Obispo PD CA Policy Manual Control Devices and Techniques Copyright Lexipol, LLC 2019/01/24, All Rights Reserved. Published with permission by San Luis Obispo Police Department Control Devices and Techniques - 57 Officers encountering a situation that warrants the use of a pepper projectile system shall notify a supervisor as soon as practicable. A supervisor shall respond to all pepper projectile system incidents where the suspect has been hit or exposed to the chemical agent. The supervisor shall ensure that all notifications and reports are completed as required by the Use of Force Policy. Each deployment of a pepper projectile system shall be documented. This includes situations where the launcher was directed toward the suspect, whether or not the launcher was used. Unintentional discharges shall be promptly reported to a supervisor and documented on the appropriate report form. Only non-incident use of a pepper projectile system, such as training and product demonstrations, is exempt from the reporting requirement. 307.7.3 TREATMENT FOR OC SPRAY EXPOSURE Persons who have been sprayed with or otherwise affected by the use of OC should be promptly provided with clean water to cleanse the affected areas. Those persons who complain of further severe effects shall be examined by appropriate medical personnel. 307.8 POST-APPLICATION NOTICE Whenever tear gas or OC has been introduced into a residence, building interior, vehicle or other enclosed area, officers should provide the owners or available occupants with notice of the possible presence of residue that could result in irritation or injury if the area is not properly cleaned. Such notice should include advisement that clean up will be at the owner’s expense. Information regarding the method of notice and the individuals notified should be included in related reports. 307.9 KINETIC ENERGY PROJECTILE GUIDELINES This department is committed to reducing the potential for violent confrontations. Kinetic energy projectiles, when used properly, are less likely to result in death or serious physical injury and can be used in an attempt to de-escalate a potentially deadly situation. 307.9.1 DEPLOYMENT AND USE Only department-approved kinetic energy munitions shall be carried and deployed. Approved munitions may be used to compel an individual to cease his/her actions when such munitions present a reasonable option. Officers are not required or compelled to use approved munitions in lieu of other reasonable tactics if the involved officer determines that deployment of these munitions cannot be done safely. The safety of hostages, innocent persons and officers takes priority over the safety of subjects engaged in criminal or suicidal behavior. Circumstances appropriate for deployment include, but are not limited to, situations in which: (a)The suspect is armed with a weapon and the tactical circumstances allow for the safe application of approved munitions. (b)The suspect has made credible threats to harm him/herself or others. San Luis Obispo Police Department San Luis Obispo PD CA Policy Manual Control Devices and Techniques Copyright Lexipol, LLC 2019/01/24, All Rights Reserved. Published with permission by San Luis Obispo Police Department Control Devices and Techniques - 58 (c)The suspect is engaged in riotous behavior or is throwing rocks, bottles or other dangerous projectiles at people and/or officers. (d)There is probable cause to believe that the suspect has already committed a crime of violence and is refusing to comply with lawful orders. 307.9.2 DEPLOYMENT CONSIDERATIONS Before discharging projectiles, the officer should consider such factors as: (a)Distance and angle to target. (b)Type of munitions employed. (c)Type and thickness of subject’s clothing. (d)The subject’s proximity to others. (e)The location of the subject. (f)Whether the subject’s actions dictate the need for an immediate response and the use of control devices appears appropriate. A verbal warning of the intended use of the device should precede its application, unless it would otherwise endanger the safety of officers or when it is not practicable due to the circumstances. The purpose of the warning is to give the individual a reasonable opportunity to voluntarily comply and to warn other officers and individuals that the device is being deployed. Officers should keep in mind the manufacturer’s recommendations and their training regarding effective distances and target areas. However, officers are not restricted solely to use according to manufacturer recommendations. Each situation must be evaluated on the totality of circumstances at the time of deployment. The need to immediately incapacitate the subject must be weighed against the risk of causing serious injury or death. The head and neck should not be intentionally targeted, except when the officer reasonably believes the suspect poses an imminent threat of serious bodily injury or death to the officer or others. 307.9.3 SAFETY PROCEDURES Shotguns specifically designated for use with kinetic energy projectiles will be specially marked in a manner that makes them readily identifiable as such. Officers will inspect the shotgun and projectiles at the beginning of each shift to ensure that the shotgun is in proper working order and the projectiles are of the approved type and appear to be free from defects. When it is not deployed, the shotgun will be properly secured in the patrol vehicle with the magazine loaded, the action closed on an empty chamber, the trigger pulled to release the hammer, and the safety in the "safe" position. At the beginning of each shift the officer shall visually San Luis Obispo Police Department San Luis Obispo PD CA Policy Manual Control Devices and Techniques Copyright Lexipol, LLC 2019/01/24, All Rights Reserved. Published with permission by San Luis Obispo Police Department Control Devices and Techniques - 59 inspect the kinetic energy projectiles to ensure that conventional ammunition is not being loaded into the shotgun. 307.10 TRAINING FOR CONTROL DEVICES The Training Manager shall ensure that all personnel who are authorized to carry a control device have been properly trained and certified to carry the specific control device and are retrained or recertified as necessary. (a)Proficiency training shall be monitored and documented by a certified, control-device weapons or tactics instructor. (b)All training and proficiency for control devices will be documented in the officer’s training file. (c)Officers who fail to demonstrate proficiency with the control device or knowledge of this agency’s Use of Force Policy will be provided remedial training. If an officer cannot demonstrate proficiency with a control device or knowledge of this agency’s Use of Force Policy after remedial training, the officer will be restricted from carrying the control device and may be subject to discipline. 307.11 REPORTING USE OF CONTROL DEVICES AND TECHNIQUES Any application of a control device or technique listed in this policy shall be documented in the related incident report and reported pursuant to the Use of Force Policy. Policy 308 San Luis Obispo Police Department San Luis Obispo PD CA Policy Manual Copyright Lexipol, LLC 2019/01/24, All Rights Reserved. Published with permission by San Luis Obispo Police Department Conducted Energy Device - 60 Conducted Energy Device 308.1 PURPOSE AND SCOPE This policy provides guidelines for the issuance and use of TASER devices. 308.2 POLICY The TASER® device is intended to control a violent or potentially violent individual, while minimizing the risk of serious injury. The appropriate use of such a device should result in fewer serious injuries to officers and suspects. 308.3 ISSUANCE AND CARRYING EMD DEVICES Only members who have successfully completed department-approved training may be issued and carry the TASER device. TASER devices are issued for use during a member’s current assignment. Those leaving a particular assignment may be required to return the device to the department’s inventory. Officers shall only use the TASER device and cartridges that have been issued by the Department. Uniformed officers who have been issued the TASER device shall wear the device in an approved holster on their person. Non-uniformed officers may secure the TASER device in the driver’s compartment of their vehicle. Members carrying the TASER device should perform a spark test on the unit prior to every shift. When carried while in uniform officers shall carry the TASER device in a weak-side holster on the side opposite the duty weapon. (a)All TASER devices shall be clearly and distinctly marked to differentiate them from the duty weapon and any other device. (b)Whenever practicable, officers should carry two or more cartridges on their person when carrying the TASER device. (c)Officers shall be responsible for ensuring that the department TASER device is properly maintained and in good working order. (d)Officers should not hold both a firearm and the TASER device at the same time. 308.4 VERBAL AND VISUAL WARNINGS A verbal warning of the intended use of the TASER device should precede its application, unless it would otherwise endanger the safety of officers or when it is not practicable due to the circumstances. The purpose of the warning is to: (a)Provide the individual with a reasonable opportunity to voluntarily comply. (b)Provide other officers and individuals with a warning that the TASER device may be deployed. San Luis Obispo Police Department San Luis Obispo PD CA Policy Manual Conducted Energy Device Copyright Lexipol, LLC 2019/01/24, All Rights Reserved. Published with permission by San Luis Obispo Police Department Conducted Energy Device - 61 If, after a verbal warning, an individual is unwilling to voluntarily comply with an officer’s lawful orders and it appears both reasonable and feasible under the circumstances, the officer may, but is not required to, display the electrical arc (provided that a cartridge has not been loaded into the device), or the laser in a further attempt to gain compliance prior to the application of the TASER device. The aiming laser should never be intentionally directed into the eyes of another as it may permanently impair his/her vision. The fact that a verbal or other warning was given or the reasons it was not given shall be documented by the officer deploying the TASER device in the related report. 308.5 USE OF THE EMD DEVICE The TASER device has limitations and restrictions requiring consideration before its use. The TASER device should only be used when its operator can safely approach the subject within the operational range of the device. Although the TASER device is generally effective in controlling most individuals, officers should be aware that the device may not achieve the intended results and be prepared with other options. 308.5.1 APPLICATION OF THE EMD DEVICE The TASER device may be used in any of the following circumstances, when the circumstances perceived by the officer at the time indicate that such application is reasonably necessary to control a person: (a)The subject is violent or is physically resisting. (b)The subject has demonstrated, by words or action, an intention to be violent or to physically resist, and reasonably appears to present the potential to harm officers, him/herself or others. Mere flight from a pursuing officer, without other known circumstances or factors, is not good cause for the use of the TASER device to apprehend an individual. 308.5.2 SPECIAL DEPLOYMENT CONSIDERATIONS The use of the TASER device on certain individuals should generally be avoided unless the totality of the circumstances indicates that other available options reasonably appear ineffective or would present a greater danger to the officer, the subject or others, and the officer reasonably believes that the need to control the individual outweighs the risk of using the device. This includes: (a)Individuals who are known to be pregnant. (b)Elderly individuals or obvious juveniles. (c)Individuals with obviously low body mass. (d)Individuals who are handcuffed or otherwise restrained. San Luis Obispo Police Department San Luis Obispo PD CA Policy Manual Conducted Energy Device Copyright Lexipol, LLC 2019/01/24, All Rights Reserved. Published with permission by San Luis Obispo Police Department Conducted Energy Device - 62 (e)Individuals who have been recently sprayed with a flammable chemical agent or who are otherwise in close proximity to any known combustible vapor or flammable material, including alcohol-based oleoresin capsicum (OC) spray. (f)Individuals whose position or activity may result in collateral injury (e.g., falls from height, operating vehicles). Because the application of the TASER device in the drive-stun mode (i.e., direct contact without probes) relies primarily on pain compliance, the use of the drive-stun mode generally should be limited to supplementing the probe-mode to complete the circuit, or as a distraction technique to gain separation between officers and the subject, thereby giving officers time and distance to consider other force options or actions. The TASER device shall not be used to psychologically torment, elicit statements or to punish any individual. 308.5.3 TARGETING CONSIDERATIONS Reasonable efforts should be made to target lower center mass and avoid the head, neck, chest and groin. If the dynamics of a situation or officer safety do not permit the officer to limit the application of the TASER device probes to a precise target area, officers should monitor the condition of the subject if one or more probes strikes the head, neck, chest or groin until the subject is examined by paramedics or other medical personnel. 308.5.4 MULTIPLE APPLICATIONS OF THE EMDTDEVICE Officers should apply the TASER device for only one standard cycle and then evaluate the situation before applying any subsequent cycles. Multiple applications of the TASER device against a single individual are generally not recommended and should be avoided unless the officer reasonably believes that the need to control the individual outweighs the potentially increased risk posed by multiple applications. If the first application of the TASER device appears to be ineffective in gaining control of an individual, the officer should consider certain factors before additional applications of the TASER device, including: (a)Whether the probes are making proper contact. (b)Whether the individual has the ability and has been given a reasonable opportunity to comply. (c)Whether verbal commands, other options or tactics may be more effective. Officers should generally not intentionally apply more than one TASER device at a time against a single subject. 308.5.5 ACTIONS FOLLOWING DEPLOYMENTS Officers shall notify a supervisor of all TASER device discharges. Confetti tags should be collected and the expended cartridge, along with both probes and wire, should be submitted into evidence. San Luis Obispo Police Department San Luis Obispo PD CA Policy Manual Conducted Energy Device Copyright Lexipol, LLC 2019/01/24, All Rights Reserved. Published with permission by San Luis Obispo Police Department Conducted Energy Device - 63 The cartridge serial number should be noted and documented on the evidence paperwork. The evidence packaging should be marked "Biohazard" if the probes penetrated the subject’s skin. 308.5.6 DANGEROUS ANIMALS The TASER device may be deployed against an animal as part of a plan to deal with a potentially dangerous animal, such as a dog, if the animal reasonably appears to pose an imminent threat to human safety and alternative methods are not reasonably available or would likely be ineffective. 308.5.7 OFF-DUTY CONSIDERATIONS Officers shall generally not be authorized to carry department owned TASER devices while off- duty. In the event an officer has a TASER device while off-duty the TASER device should be secured while in their homes, vehicles or any other area under their control, in a manner that will keep the device inaccessible to others. 308.6 DOCUMENTATION Officers shall document all TASER device discharges in the related arrest/crime report. Notification shall also be made to a supervisor in compliance with the Use of Force Policy. 308.6.2 REPORTS The officer should include the following in the arrest/crime report: (a)Identification of all personnel firing TASER devices (b)Identification of all witnesses (c)Medical care provided to the subject (d)Observations of the subject’s physical and physiological actions (e)Any known or suspected drug use, intoxication or other medical problems 308.7 MEDICAL TREATMENT Consistent with local medical personnel protocols and absent extenuating circumstances, only appropriate medical personnel should remove TASER device probes from a person’s body. Used TASER device probes shall be treated as a sharps biohazard, similar to a used hypodermic needle, and handled appropriately. Universal precautions should be taken. All persons who have been struck by TASER device probes or who have been subjected to the electric discharge of the device shall be medically assessed prior to booking. Additionally, any such individual who falls under any of the following categories should, as soon as practicable, be examined by paramedics or other qualified medical personnel: (a)The person is suspected of being under the influence of controlled substances and/ or alcohol. (b)The person may be pregnant. San Luis Obispo Police Department San Luis Obispo PD CA Policy Manual Conducted Energy Device Copyright Lexipol, LLC 2019/01/24, All Rights Reserved. Published with permission by San Luis Obispo Police Department Conducted Energy Device - 64 (c)The person reasonably appears to be in need of medical attention. (d)The TASER device probes are lodged in a sensitive area (e.g., groin, female breast, head, face, neck). (e)The person requests medical treatment. Any individual exhibiting signs of distress or who is exposed to multiple or prolonged applications (i.e., more than 15 seconds) shall be transported to a medical facility for examination or medically evaluated prior to booking. If any individual refuses medical attention, such a refusal should be witnessed by another officer and/or medical personnel and shall be fully documented in related reports. If an audio recording is made of the contact or an interview with the individual, any refusal should be included, if possible. The transporting officer shall inform any person providing medical care or receiving custody that the individual has been subjected to the application of the TASER device. 308.8 SUPERVISOR RESPONSIBILITIES When possible, supervisors should respond to calls when they reasonably believe there is a likelihood the TASER device may be used. A supervisor should respond to all incidents where the TASER device was activated. A supervisor should review each incident where a person has been exposed to an activation of the TASER device. The device's onboard memory should be downloaded through the data port by authorized personnel. Photographs of probe sites should be taken and witnesses interviewed. 308.9 TRAINING Personnel who are authorized to carry the TASER device shall be permitted to do so only after successfully completing the initial department-approved training. Any personnel who have not carried the TASER device as a part of their assignment for a period of six months or more shall be recertified by a department-approved TASER device instructor prior to again carrying or using the device. Proficiency training for personnel who have been issued TASER devices should occur every year. A reassessment of an officer’s knowledge and/or practical skill may be required at any time if deemed appropriate by the Training Manager. All training and proficiency for TASER devices will be documented in the officer’s training file. Command staff, supervisors and investigators should receive TASER device training as appropriate for the investigations they conduct and review. Officers who do not carry TASER devices should receive training that is sufficient to familiarize them with the device and with working with officers who use the device. The Training Manager is responsible for ensuring that all members who carry TASER devices have received initial and annual proficiency training. Periodic audits should be used for verification. San Luis Obispo Police Department San Luis Obispo PD CA Policy Manual Conducted Energy Device Copyright Lexipol, LLC 2019/01/24, All Rights Reserved. Published with permission by San Luis Obispo Police Department Conducted Energy Device - 65 Application of TASER devices during training could result in injury to personnel and should not be mandatory for certification. The Training Manager should ensure that all training includes: (a)A review of this policy. (b)A review of the Use of Force Policy. (c)Performing weak-hand draws or cross-draws to reduce the possibility of unintentionally drawing and firing a firearm. (d)Target area considerations, to include techniques or options to reduce the unintentional application of probes near the head, neck, chest and groin. (e)Handcuffing a subject during the application of the TASER device and transitioning to other force options. (f)De-escalation techniques. (g)Restraint techniques that do not impair respiration following the application of the TASER device. Policy 309 San Luis Obispo Police Department San Luis Obispo PD CA Policy Manual Copyright Lexipol, LLC 2019/01/24, All Rights Reserved. Published with permission by San Luis Obispo Police Department Officer-Involved Shootings and Deaths - 66 Officer-Involved Shootings and Deaths 309.1 PURPOSE AND SCOPE The purpose of this policy is to establish policy and procedures for the investigation of an incident in which a person is injured or dies as the result of an officer-involved shooting or dies as a result of other action of an officer. In other incidents not covered by this policy, the Chief of Police may decide that the investigation will follow the process provided in this policy. 309.2 TYPES OF INVESTIGATIONS Officer-involved shootings and deaths involve several separate investigations. The investigations may include: •A criminal investigation of the suspect’s actions. •A criminal investigation of the involved officer’s actions. •An administrative investigation as to policy compliance by involved officers. •A civil investigation to determine potential liability. 309.3 CONTROL OF INVESTIGATIONS Investigators from surrounding agencies may be assigned to work on the criminal investigation of officer-involved shootings and deaths. This may include at least one investigator from the agency that employs the involved officer. Jurisdiction is determined by the location of the shooting or death and the agency employing the involved officer. The following scenarios outline the jurisdictional responsibilities for investigating officer-involved shootings and deaths. 309.3.1 CRIMINAL INVESTIGATION OF SUSPECT ACTIONS The investigation of any possible criminal conduct by the suspect is controlled by the agency in whose jurisdiction the suspect’s crime occurred. For example, the San Luis Obispo Police Department would control the investigation if the suspect’s crime occurred in the City of San Luis Obispo. If multiple crimes have been committed in multiple jurisdictions, identification of the agency that will control the investigation may be reached in the same way as with any other crime. The investigation may be conducted by the agency in control of the criminal investigation of the involved officer, at the discretion of the Chief of Police and with concurrence from the other agency. 309.3.2 CRIMINAL INVESTIGATION OF OFFICER ACTIONS The control of the criminal investigation into the involved officer’s conduct during the incident will be determined by the employing agency’s protocol. When an officer from this department is San Luis Obispo Police Department San Luis Obispo PD CA Policy Manual Officer-Involved Shootings and Deaths Copyright Lexipol, LLC 2019/01/24, All Rights Reserved. Published with permission by San Luis Obispo Police Department Officer-Involved Shootings and Deaths - 67 involved, the criminal investigation will be handled according to the Criminal Investigation section of this policy. Requests made of this department to investigate a shooting or death involving an outside agency’s officer shall be referred to the Chief of Police or the authorized designee for approval. 309.3.3 ADMINISTRATIVE AND CIVIL INVESTIGATION Regardless of where the incident occurs, the administrative and civil investigation of each involved officer is controlled by the respective employing agency. 309.4 INVESTIGATION PROCESS The following procedures are guidelines used in the investigation of an officer-involved shooting or death. 309.4.1 UNINVOLVED OFFICER RESPONSIBILITIES Upon arrival at the scene of an officer-involved shooting, the first uninvolved Department acronym: officer will be the officer-in-charge and will assume the responsibilities of a supervisor until properly relieved. This officer should, as appropriate: (a)Secure the scene and identify and eliminate hazards for all those involved. (b)Take reasonable steps to obtain emergency medical attention for injured individuals. (c)Request additional resources from the Department or other agencies. (d)Coordinate a perimeter or pursuit of suspects. (e)Check for injured persons and evacuate as needed. (f)Brief the supervisor upon arrival. 309.4.2 WATCHCOMMANDER RESPONSIBILITIES Upon learning of an officer-involved shooting or death, the Watch Commander shall be responsible for coordinating all aspects of the incident until he/she is relieved by the Chief of Police or a Bureau Commander. All outside inquiries about the incident shall be directed to the Watch Commander 309.4.3 NOTIFICATIONS The following person(s) shall be notified as soon as practicable: •Chief of Police •Investigation Bureau Commander •Officer Involved Shooting Protocol rollout team •Outside agency investigator (if appropriate) •Professional Standards Bureau supervisor •Civil liability response team San Luis Obispo Police Department San Luis Obispo PD CA Policy Manual Officer-Involved Shootings and Deaths Copyright Lexipol, LLC 2019/01/24, All Rights Reserved. Published with permission by San Luis Obispo Police Department Officer-Involved Shootings and Deaths - 68 •Psychological/peer support personnel •Chaplain •Coroner (if necessary) •Involved officer's agency representative (if requested) •Public Information Officer 309.4.4 RECOMMENDED PROCEDURES FOR PUBLIC SAFETY STATEMENTS The first responding supervisor should state the following to the involved officer(s): (a)"Officer, I am ordering you to give me a public safety statement. Due to the immediate need to take action, you do not have the right to wait for representation before answering these limited questions." (b)"In what direction did you fire rounds?" (c)"If you know of anyone who is injured, what is their location?" (d)"If there are any outstanding suspects, 1.What is their description? 2.What crime(s) are they wanted for? 3.How long have they been gone? 4.What weapons are they armed with?" (e)"If there is any evidence that needs to be protected, where is it located?" (f)"Officer, to preserve the integrity of this investigation, I order you NOT discuss this incident with ANYONE, including other supervisors or staff officers, prior to the arrival of the assigned investigators, with the exception of your legal representatives." The officer should not make any further statements to anyone, including the assigned investigators or criminal investigators, until the arrival of a POA representative. 309.4.5 SUPERVISOR RESPONSIBILITIES Upon arrival at the scene, the first uninvolved SLOPD supervisor should ensure completion of the duties as outlined above, plus: (a)Attempt to obtain a brief overview of the situation from any uninvolved officers. 1.In the event that there are no uninvolved officers who can supply adequate overview, the supervisor should attempt to obtain a brief voluntary overview from one involved officer. (b)If necessary, the supervisor may administratively order any SLOPD officer to immediately provide public safety information necessary to secure the scene, identify injured parties and pursue suspects. San Luis Obispo Police Department San Luis Obispo PD CA Policy Manual Officer-Involved Shootings and Deaths Copyright Lexipol, LLC 2019/01/24, All Rights Reserved. Published with permission by San Luis Obispo Police Department Officer-Involved Shootings and Deaths - 69 1.Public safety information shall be limited to such things as outstanding suspect information, number and direction of any shots fired, perimeter of the incident scene, identity of known or potential witnesses and any other pertinent information. 2.The initial on-scene supervisor should not attempt to order any involved officer to provide any information other than public safety information. (c)Provide all available information to the Watch Commander and the Communications Center. If feasible, sensitive information should be communicated over secure networks. (d)Take command of and secure the incident scene with additional SLOPD members until properly relieved by another supervisor or other assigned personnel or investigator. (e)As soon as practicable, ensure that involved officers are transported (separately, if feasible) to a suitable location for further direction. 1.Each involved SLOPD officer should be given an administrative order not to discuss the incident with other involved officers or SLOPD members pending further direction from a supervisor. 2.When an involved officer’s weapon is taken or left at the scene for other than officer-safety reasons (e.g., evidence), ensure that he/she is provided with a comparable replacement weapon or transported by other officers. 309.4.6 INVOLVED OFFICERS The following shall be considered for the involved officer: (a)Any request for legal or union representation will be accommodated. 1.Involved SLOPD officers shall not be permitted to meet collectively or in a group with an attorney or any representative prior to providing a formal interview or report. 2.Requests from involved non-SLOPD officers should be referred to their employing agency. (b)Discussions with licensed attorneys will be considered privileged as attorney-client communications. (c)Discussions with agency representatives/employee groups will be privileged only as to the discussion of non-criminal information (Government Code § 3303(i)). (d)A licensed psychotherapist shall be provided by the Department to each involved SLOPD officer. A licensed psychotherapist may also be provided to any other affected SLOPD members, upon request. 1.Interviews with a licensed psychotherapist will be considered privileged. 2.An interview or session with a licensed psychotherapist may take place prior to the member providing a formal interview or report. However, involved members shall not be permitted to consult or meet collectively or in a group with a licensed psychotherapist prior to providing a formal interview or report. San Luis Obispo Police Department San Luis Obispo PD CA Policy Manual Officer-Involved Shootings and Deaths Copyright Lexipol, LLC 2019/01/24, All Rights Reserved. Published with permission by San Luis Obispo Police Department Officer-Involved Shootings and Deaths - 70 3.A separate fitness-for-duty exam may also be required (see the Fitness for Duty Policy). (e)Although the Department will honor the sensitivity of communications with peer counselors, there is no legal privilege to such communications. Peer counselors are cautioned against discussing the facts of any incident with an involved or witness officer. Care should be taken to preserve the integrity of any physical evidence present on the involved officer's equipment or clothing, such as blood or fingerprints, until investigators or lab personnel can properly retrieve it. Each involved SLOPD officer shall be given reasonable paid administrative leave following an officer-involved shooting or death. It shall be the responsibility of the Watch Commander to make schedule adjustments to accommodate such leave. 309.5 CRIMINAL INVESTIGATION The District Attorney's Office is responsible for the criminal investigation into the circumstances of any officer-involved shooting or death. If available, investigative personnel from this department may be assigned to partner with investigators from outside agencies or the District Attorney's Office to avoid duplicating efforts in related criminal investigations. Once public safety issues have been addressed, criminal investigators should be given the opportunity to obtain a voluntary statement from involved officers and to complete their interviews. The following shall be considered for the involved officer: (a)SLOPD supervisors and Professional Standards Bureau personnel should not participate directly in any voluntary interview of SLOPD officers. This will not prohibit such personnel from monitoring interviews or providing the criminal investigators with topics for inquiry. (b)If requested, any involved officer will be afforded the opportunity to consult individually with a representative of his/her choosing or an attorney prior to speaking with criminal investigators (Government Code § 3303(i)). However, in order to maintain the integrity of each involved officer’s statement, involved officers shall not consult or meet with a representative or an attorney collectively or in groups prior to being interviewed. (c)If any involved officer is physically, emotionally or otherwise not in a position to provide a voluntary statement when interviewed by criminal investigators, consideration should be given to allowing a reasonable period for the officer to schedule an alternate time for the interview. (d)Any voluntary statement provided by an involved officer will be made available for inclusion in any related investigation, including administrative investigations. However, no administratively coerced statement will be provided to any criminal investigators unless the officer consents. San Luis Obispo Police Department San Luis Obispo PD CA Policy Manual Officer-Involved Shootings and Deaths Copyright Lexipol, LLC 2019/01/24, All Rights Reserved. Published with permission by San Luis Obispo Police Department Officer-Involved Shootings and Deaths - 71 309.5.1 REPORTS BY INVOLVED DEPARTMENT ACRONYM: OFFICERS In the event that suspects remain outstanding or subject to prosecution for related offenses, this department shall retain the authority to require involved SLOPD officers to provide sufficient information for related criminal reports to facilitate the apprehension and prosecution of those individuals (Government Code § 3304(a)). While the involved SLOPD officer may write the report, it is generally recommended that such reports be completed by assigned investigators, who should interview all involved officers as victims/witnesses. Since the purpose of these reports will be to facilitate criminal prosecution, statements of involved officers should focus on evidence to establish the elements of criminal activities by suspects. Care should be taken not to duplicate information provided by involved officers in other reports. Nothing in this section shall be construed to deprive an involved SLOPD officer of the right to consult with legal counsel prior to completing any such criminal report. Reports related to the prosecution of criminal suspects will be processed according to normal procedures but should also be included for reference in the investigation of the officer-involved shooting or death. 309.5.2 WITNESS IDENTIFICATION AND INTERVIEWS Because potential witnesses to an officer-involved shooting or death may become unavailable or the integrity of their statements compromised with the passage of time, a supervisor should take reasonable steps to promptly coordinate with criminal investigators to utilize available personnel for the following: (a)Identification of all persons present at the scene and in the immediate area. 1.When feasible, a recorded statement should be obtained from those persons who claim not to have witnessed the incident but who were present at the time it occurred. 2.Any potential witness who is unwilling or unable to remain available for a formal interview should not be detained absent reasonable suspicion to detain or probable cause to arrest. Without detaining the individual for the sole purpose of identification, officers should attempt to identify the witness prior to his/her departure. (b)Witnesses who are willing to provide a formal interview should be asked to meet at a suitable location where criminal investigators may obtain a recorded statement. Such witnesses, if willing, may be transported by a member of the Department. 1.A written, verbal or recorded statement of consent should be obtained prior to transporting a witness. When the witness is a minor, consent should be obtained from the parent or guardian, if available, prior to transportation. San Luis Obispo Police Department San Luis Obispo PD CA Policy Manual Officer-Involved Shootings and Deaths Copyright Lexipol, LLC 2019/01/24, All Rights Reserved. Published with permission by San Luis Obispo Police Department Officer-Involved Shootings and Deaths - 72 (c)Promptly contacting the suspect’s known family and associates to obtain any available and untainted background information about the suspect’s activities and state of mind prior to the incident. 309.5.3 INVESTIGATIVE PERSONNEL Once notified of an officer-involved shooting or death, it shall be the responsibility of the designated Detective Bureau supervisor to assign appropriate investigative personnel to handle the investigation of related crimes. Department investigators will be assigned to work with investigators from the District Attorney's Office and may be assigned to separately handle the investigation of any related crimes not being investigated by the District Attorney's Office. All related department reports, except administrative and/or privileged reports, will be forwarded to the designated Detective Bureau supervisor for approval. Privileged reports shall be maintained exclusively by members who are authorized such access. Administrative reports will be forwarded to the appropriate Bureau Commander. 309.6 ADMINISTRATIVE INVESTIGATION In addition to all other investigations associated with an officer-involved shooting or death, this department will conduct an internal administrative investigation of Department acronym: officers to determine conformance with department policy. The investigation will be conducted under the supervision of the Professional Standards Bureau and will be considered a confidential officer personnel file. Interviews of members shall be subject to department policies and applicable laws (see the Personnel Complaints Policy). (a)Any officer involved in a shooting or death may be requested or administratively compelled to provide a blood sample for alcohol/drug screening. Absent consent from the officer, such compelled samples and the results of any such testing shall not be disclosed to any criminal investigative agency. (b)If any officer has voluntarily elected to provide a statement to criminal investigators, the assigned administrative investigator should review that statement before proceeding with any further interview of that involved officer. 1.If a further interview of the officer is deemed necessary to determine policy compliance, care should be taken to limit the inquiry to new areas with minimal, if any, duplication of questions addressed in the voluntary statement. The involved officer shall be provided with a copy of his/her prior statement before proceeding with any subsequent interviews. (c)In the event that an involved officer has elected to not provide criminal investigators with a voluntary statement, the assigned administrative investigator shall conduct an administrative interview to determine all relevant information. San Luis Obispo Police Department San Luis Obispo PD CA Policy Manual Officer-Involved Shootings and Deaths Copyright Lexipol, LLC 2019/01/24, All Rights Reserved. Published with permission by San Luis Obispo Police Department Officer-Involved Shootings and Deaths - 73 1.Although this interview should not be unreasonably delayed, care should be taken to ensure that the officer’s physical and psychological needs have been addressed before commencing the interview. 2.If requested, the officer shall have the opportunity to select an uninvolved representative to be present during the interview . However, in order to maintain the integrity of each individual officer's statement, involved officers shall not consult or meet with a representative or attorney collectively or in groups prior to being interviewed (Government Code § 3303(i)). 3.Administrative interviews should be recorded by the investigator. The officer may also record the interview (Government Code § 3303(g)). 4.The officer shall be informed of the nature of the investigation. If an officer refuses to answer questions, he/she should be given his/ her Lybarger or Garrity rights and ordered to provide full and truthful answers to all questions. The officer shall be informed that the interview will be for administrative purposes only and that the statement cannot be used criminally. 5.The Professional Standards Bureau shall compile all relevant information and reports necessary for the Department to determine compliance with applicable policies. 6.Regardless of whether the use of force is an issue in the case, the completed administrative investigation shall be submitted to the Use of Force Review Board, which will restrict its findings as to whether there was compliance with the Use of Force Policy. 7.Any other indications of potential policy violations shall be determined in accordance with standard disciplinary procedures. 309.7 AUDIO AND VIDEO RECORDINGS Any officer involved in a shooting or death may be permitted to review available Mobile Audio/ Video (MAV), body-worn video, or other video or audio recordings prior to providing a recorded statement or completing reports. Upon request, non-law enforcement witnesses who are able to verify their presence and their ability to contemporaneously perceive events at the scene of an incident may also be permitted to review available MAV, body-worn video, or other video or audio recordings with approval of assigned investigators or a supervisor. Any MAV, body-worn and other known video or audio recordings of an incident should not be publicly released during an ongoing investigation without consulting the prosecuting attorney or City Attorney’s Office, as appropriate. San Luis Obispo Police Department San Luis Obispo PD CA Policy Manual Officer-Involved Shootings and Deaths Copyright Lexipol, LLC 2019/01/24, All Rights Reserved. Published with permission by San Luis Obispo Police Department Officer-Involved Shootings and Deaths - 74 309.8 CIVIL LIABILITY RESPONSE A member of this department may be assigned to work exclusively under the direction of the legal counsel for the Department to assist in the preparation of materials deemed necessary in anticipation of potential civil litigation. All materials generated in this capacity shall be considered attorney work product and may not be used for any other purpose. The civil liability response is not intended to interfere with any other investigation but shall be given reasonable access to all other investigations. 309.9 DEBRIEFING Following an officer-involved shooting or death, the San Luis Obispo Police Department should conduct both a critical incident/stress debriefing and a tactical debriefing. 309.9.1 CRITICAL INCIDENT/STRESS DEBRIEFING A critical incident/stress debriefing should occur as soon as practicable. The Administration Bureau Commander is responsible for organizing the debriefing. Notes and recorded statements should not be taken because the sole purpose of the debriefing is to help mitigate the stress- related effects of a traumatic event. The debriefing is not part of any investigative process. Care should be taken not to release or repeat any communication made during a debriefing unless otherwise authorized by policy, law or a valid court order. Attendance at the debriefing shall only include those members of the Department directly involved in the incident, which can include support personnel (e.g., dispatchers, other non-sworn). Family or other support personnel may attend with the concurrence of those involved in the incident. The debriefing shall be closed to the public and should be closed to all other members of the Department, including supervisory and Professional Standards Bureau personnel. 309.9.2 TACTICAL DEBRIEFING A tactical debriefing should take place to identify any training or areas of policy that need improvement. The Chief of Police should identify the appropriate participants. This debriefing should not be conducted until all involved members have provided recorded or formal statements to criminal and/or administrative investigators. 309.10 MEDIA RELATIONS Any media release shall be prepared with input and concurrence from the supervisor and department representative responsible for each phase of the investigation. Releases will be available to the Watch Commander, Investigation Bureau Commanderand Public Information Officer in the event of inquiries from the media. The Department shall not subject any involved Department acronym: officer to visits by the media (Government Code § 3303(e)). No involved Department acronym: officer shall make any comment to the media unless he/she is authorized by the Chief of Police or a Bureau Commander. Department members receiving inquiries regarding officer-involved shootings or deaths occurring San Luis Obispo Police Department San Luis Obispo PD CA Policy Manual Officer-Involved Shootings and Deaths Copyright Lexipol, LLC 2019/01/24, All Rights Reserved. Published with permission by San Luis Obispo Police Department Officer-Involved Shootings and Deaths - 75 in other jurisdictions shall refrain from public comment and will direct those inquiries to the agency having jurisdiction and primary responsibility for the investigation. 309.11 REPORTING If the death of an individual occurs in the San Luis Obispo Police Department jurisdiction and qualifies to be reported to the state as a justifiable homicide or an in-custody death, the Operations Bureau Commander will ensure that the Records Supervisor is provided with enough information to meet the reporting requirements (Penal Code § 196; Penal Code § 13022; Government Code § 12525). Policy 311 San Luis Obispo Police Department San Luis Obispo PD CA Policy Manual Copyright Lexipol, LLC 2019/01/24, All Rights Reserved. Published with permission by San Luis Obispo Police Department Firearms - 76 Firearms 311.1 PURPOSE AND SCOPE This policy provides guidelines for issuing firearms, the safe and legal carrying of firearms, firearms maintenance and firearms training. This policy does not apply to issues related to the use of firearms that are addressed in the Use of Force or Officer-Involved Shootings and Deaths policies. This policy only applies to those members who are authorized to carry firearms. 311.2 POLICY The San Luis Obispo Police Department will equip its members with firearms to address the risks posed to the public and department members by violent and sometimes well-armed persons. The Department will ensure firearms are appropriate and in good working order and that relevant training is provided as resources allow. 311.3 AUTHORIZED FIREARMS, AMMUNITION AND OTHER WEAPONS Members shall only use firearms that are issued or approved by the Department and have been thoroughly inspected by the Rangemaster. Except in an emergency or as directed by a supervisor, no firearm shall be carried by a member who has not qualified with that firearm at an authorized department range. All other weapons not provided by the Department, including, but not limited to, edged weapons, chemical or electronic weapons, impact weapons or any weapon prohibited or restricted by law or that is not covered elsewhere by department policy, may not be carried by members in the performance of their official duties without the express written authorization of the member’s Bureau Commander. This exclusion does not apply to the carrying of a folding pocket knife or fixed blade knife that is not otherwise prohibited by law. 311.3.1 HANDGUNS The authorized department-issued handgun is the Heckler & Koch .45.Additional handguns may be approved for on-duty use by the Rangemaster Supervisor that are of a reputable manufacturer. 311.3.2 PATROL SHOTGUNS The authorized department-issued shotgun is the Remington 870 12 gauge. Additional shotguns may be approved for on-duty use by the Rangemaster Supervisor that are of a reputable manufacturer. When not deployed, the shotgun shall be properly secured consistent with department training in a locking weapons rack in the patrol vehicle. Bean-Bag shotguns shall be secured in the rear of the unit (trunk/cargo) San Luis Obispo Police Department San Luis Obispo PD CA Policy Manual Firearms Copyright Lexipol, LLC 2019/01/24, All Rights Reserved. Published with permission by San Luis Obispo Police Department Firearms - 77 311.3.3 PATROL RIFLES The authorized department-issued patrol rifle is the Colt AR-15. Members may deploy the patrol rifle in any circumstance where the member can articulate a reasonable expectation that the rifle may be needed. Examples of some general guidelines for deploying the patrol rifle may include, but are not limited to: (a)Situations where the member reasonably anticipates an armed encounter. (b)When a member is faced with a situation that may require accurate and effective fire at long range. (c)Situations where a member reasonably expects the need to meet or exceed a suspect's firepower. (d)When a member reasonably believes that there may be a need to fire on a barricaded person or a person with a hostage. (e)When a member reasonably believes that a suspect may be wearing body armor. (f)When authorized or requested by a supervisor. (g)When needed to euthanize an animal. When carried in a patrol vehicle but not deployed, the patrol rifle shall be properly secured in a locking weapons rack in the patrol vehicle with the chamber empty,, the bolt forward with the dust cover closed, leaving the hammer cocked and the selector lever in the safe position. The final step is to insert the loaded magazine into the magazine well. . When not in the field, the patrol rifle shall be properly secured inside the police facility with the chamber empty, chamber flag inserted, and the bolt forward resting on the chamber flag. The magazine will be removed and stored in a secure location. 311.3.4 PERSONALLY OWNED DUTY FIREARMS Members desiring to carry an authorized but personally owned duty firearm must receive written approval from the Chief of Police or the authorized designee. Once approved, personally owned duty firearms are subject to the following restrictions: (a)The firearm shall be in good working order and of a reputable manufacturer and approved by the Rangemaster Supervisor. (b)The firearm shall be inspected by the Rangemaster prior to being carried and thereafter shall be subject to inspection whenever it is deemed necessary. (c)Personally owned duty firearms shall be inspected each calendar year (January 1 to December 31) by a qualified armorer at the officer's expense. Written verification of the inspection shall be provided to the Rangemaster upon completion of the inspection prior to January 1st. Officers who fail to provide an inspection letter prior to January 1 will be issued a department firearm and will be prohibited from carrying their personally owned firearm until such a letter is provided. (d)Prior to carrying the firearm, members shall qualify under range supervision and thereafter shall qualify in accordance with the department qualification schedule. San Luis Obispo Police Department San Luis Obispo PD CA Policy Manual Firearms Copyright Lexipol, LLC 2019/01/24, All Rights Reserved. Published with permission by San Luis Obispo Police Department Firearms - 78 Members must demonstrate proficiency and safe handling, and that the firearm functions properly. (e)Members shall provide written notice of the make, model, color, serial number and caliber of the firearm to the Rangemaster, who will maintain a list of the information. 311.3.5 AUTHORIZED SECONDARY HANDGUN Members desiring to carry department or personally owned secondary handguns are subject to the following restrictions: (a)The handgun shall be in good working order and of a reputable manufacturer approved by the Rangemaster Supervisor. (b)Only one secondary handgun may be carried at a time. (c)The purchase of the handgun and ammunition shall be the responsibility of the member unless the handgun and ammunition are provided by the Department. (d)The handgun shall be carried concealed at all times and in such a manner as to prevent unintentional cocking, discharge or loss of physical control. (e)The handgun shall be inspected by the Rangemaster prior to being carried and thereafter shall be subject to inspection whenever it is deemed necessary. (f)Prior to carrying the secondary handgun, members shall qualify under range supervision and thereafter shall qualify in accordance with the department qualification schedule. Members must demonstrate proficiency and safe handling, and that the handgun functions properly. (g)Members shall provide written notice of the make, model, color, serial number and caliber of a secondary handgun to the Rangemaster, who will maintain a list of the information. 311.3.6 AUTHORIZED OFF-DUTY FIREARMS The carrying of firearms by members while off-duty is permitted by the Chief of Police but may be rescinded should circumstances dictate (e.g., administrative leave). Members who choose to carry a firearm while off-duty, based on their authority as peace officers, will be required to meet the following guidelines: (a)The member may use his/her duty firearm or may use a personally owned firearm that is carried and inspected in accordance with the Personally Owned Duty Firearms requirements in this policy. A member carrying his/her duty firearm will be deemed to have complied with (c), (d) and (e) of this section. 1.The purchase of the personally owned firearm shall be the responsibility of the member. (b)The firearm shall be carried concealed at all times and in such a manner as to prevent accidental unintentional cocking, discharge or loss of physical control. (c)It will be the responsibility of the member to submit the firearm to the Rangemaster for inspection for functionality prior to being personally carried. Thereafter the firearm shall be subject to periodic inspection by the Rangemaster. San Luis Obispo Police Department San Luis Obispo PD CA Policy Manual Firearms Copyright Lexipol, LLC 2019/01/24, All Rights Reserved. Published with permission by San Luis Obispo Police Department Firearms - 79 (d)Prior to carrying any off-duty firearm, the member shall demonstrate to the Rangemaster that he/she is proficient in handling and firing the firearm and that it will be carried in a safe manner. (e)The member will successfully qualify with the firearm prior to it being carried. (f)Members shall provide written notice of the make, model, color, serial number and caliber of the firearm to the Rangemaster, who will maintain a list of the information. (g)If a member desires to use more than one firearm while off-duty, he/she may do so, as long as all requirements set forth in this policy for each firearm are met. (h)Members shall only carry department-authorized ammunition. (i)When armed, officers shall carry their badges and/or San Luis Obispo Police Department identification cards under circumstances requiring possession of such identification. 311.3.7 AMMUNITION Members shall carry only department-authorized ammunition. Members shall be issued fresh duty ammunition in the specified quantity for all department-issued firearms during the member’s firearms qualification. Replacements for unserviceable or depleted ammunition issued by the Department shall be dispensed by the Rangemaster when needed, in accordance with established policy. 311.4 EQUIPMENT Firearms carried on- or off-duty shall be maintained in a clean, serviceable condition. Maintenance and repair of authorized personally owned firearms are the responsibility of the individual member. 311.4.1 REPAIRS OR MODIFICATIONS Each member shall be responsible for promptly reporting any damage or malfunction of an assigned firearm to a supervisor or the Rangemaster. Firearms that are the property of the Department or personally owned firearms that are approved for department use may be repaired or modified only by a person who is department-approved and certified as an armorer or gunsmith in the repair of the specific firearm. Any addition of an electronic sight (i.e. red dot sight), must have iron sights as a back-up. The iron sights must have a co-witness capability. Such modification or repair must be authorized in advance by the Rangemaster. Any repairs or modifications to the member’s personally owned firearm shall be done at his/her expense and must be approved by the Rangemaster. 311.4.2 USE OF DEPARTMENT RANGE FOR PRACTICE Officers may utilize the Department range for practice whenever the range is not otherwise in use or closed for maintenance, repair, or other reasons. Any officer using the range for practice must notify the watch commander and be accompanied by at least one other adult at all times with a signed waiver. Approval by a Watch Commander is required for non-sworn City employees or family members of an officer to utilize the range, and other employees or family members must San Luis Obispo Police Department San Luis Obispo PD CA Policy Manual Firearms Copyright Lexipol, LLC 2019/01/24, All Rights Reserved. Published with permission by San Luis Obispo Police Department Firearms - 80 be accompanied by an officer at all times. The officer is responsible for the safety of other City employees or family members using the range. All range and firearm safety rules and procedures are in effect during any practice session; utilizing the range or firearms at the range in an unsafe manner, or allowing others to do so, may be subject to discipline. 311.4.3 HOLSTERS Only department-approved holsters shall be used and worn by members while on duty. Members shall periodically inspect their holsters to make sure they are serviceable and provide the proper security and retention of the handgun. 311.4.4 TACTICAL LIGHTS Tactical lights may only be installed on a firearm carried on- or off-duty after they have been examined and approved by the Rangemaster. Once the approved tactical lights have been properly installed on any firearm, the member shall qualify with the firearm to ensure proper functionality and sighting of the firearm prior to carrying it. 311.4.5 OPTICS OR LASER SIGHTS Optics or laser sights may only be installed on a firearm carried on- or off-duty after they have been examined and approved by the Rangemaster. Any approved sight shall only be installed in strict accordance with manufacturer specifications. Once approved sights have been properly installed on any firearm, the member shall qualify with the firearm to ensure proper functionality and sighting of the firearm prior to carrying it. Except in an approved training situation, a member may only sight in on a target when the member would otherwise be justified in pointing a firearm at the target. 311.5 SAFE HANDLING, INSPECTION AND STORAGE Members shall maintain the highest level of safety when handling firearms and shall consider the following: (a)Members shall not unnecessarily display or handle any firearm. (b)Members shall be governed by all rules and regulations pertaining to the use of the range and shall obey all orders issued by the Rangemaster (c)Members shall not load or unload a firearm anywhere in the Department, except where clearing barrels are present. (d)Shotguns or rifles removed from vehicles or the equipment storage room shall be loaded and unloaded in the parking lot with the muzzle pointed in a safe direction. (e)Members shall not place or store any firearm or other weapon on department premises except where the place of storage is locked. No one shall carry firearms into the jail section or any part thereof when securing or processing an arrestee, but shall place all firearms in a secured location. Members providing access to the jail section to persons from outside agencies are responsible for ensuring firearms are not brought into the jail section. San Luis Obispo Police Department San Luis Obispo PD CA Policy Manual Firearms Copyright Lexipol, LLC 2019/01/24, All Rights Reserved. Published with permission by San Luis Obispo Police Department Firearms - 81 (f)Members shall not use any automatic firearm, heavy caliber rifle, gas or other type of chemical weapon or firearm from the armory, except with approval of a supervisor. (g)Any firearm authorized by the Department to be carried on- or off-duty that is determined by a member to be malfunctioning or in need of service or repair shall not be carried. It shall be promptly presented to the Department or a Rangemaster approved by the Department for inspection and repair. Any firearm deemed in need of repair or service by the Rangemaster will be immediately removed from service. If the firearm is the member’s primary duty firearm, a replacement firearm will be issued to the member until the duty firearm is serviceable. 311.5.1 INSPECTION AND STORAGE Handguns shall be inspected regularly and upon access or possession by another person. Shotguns and rifles shall be inspected at the beginning of the shift by the member to whom the weapon is issued. The member shall ensure that the firearm is carried in the proper condition and loaded with approved ammunition. Inspection of the shotgun and rifle shall be done while standing outside of the patrol vehicle.All firearms shall be pointed in a safe Direction or into clearing barrels. Firearms may be safely stored in lockers or another approved location at the end of the shift.Handguns may remain loaded if they are secured in an appropriate holster. Shotguns and rifles shall be unloaded in a safe manner outside the building and then stored in the appropriate equipment storage room. Members shall ensure that ammunition stored at the department is stored in a locked and secure location. 311.5.2 STORAGE AT HOME Members shall ensure that all firearms and ammunition are locked and secured while in their homes, vehicles or any other area under their control, and in a manner that will keep them inaccessible to children and others who should not have access. Members shall not permit department-issued firearms to be handled by anyone not authorized by the Department to do so. Members should be aware that negligent storage of a firearm could result in civil and criminal liability (Penal Code § 25100). 311.5.3 ALCOHOL AND DRUGS Firearms shall not be carried by any member, either on- or off-duty, who has consumed an amount of an alcoholic beverage, or has taken any drugs or medication, has taken any combination thereof that would tend to adversely affect the member’s senses or judgment. 311.5.4 STORAGE IN VEHICLES No City owned firearm shall be left unsecured in a vehicle at their hom unless the vehicle is inside an enclosed garage and the firearms are in a locked container within that vehicle. When leaving a handgun in an unattended vehicle, members shall ensure that it is locked in the trunk, or in a locked container which is placed out of view, or in a locked container that is permanently affixed to the vehicle’s interior and not in plain view (Penal Code § 16850; Penal Code § 25140; Penal Code § 25452). San Luis Obispo Police Department San Luis Obispo PD CA Policy Manual Firearms Copyright Lexipol, LLC 2019/01/24, All Rights Reserved. Published with permission by San Luis Obispo Police Department Firearms - 82 If the vehicle does not have a trunk or a locked container, then the firearm should be locked within the center utility console that can be locked with a padlock, keylock, combination lock or other similar locking device (Penal Code § 25140). Officers are exempt from these requirements during circumstances requiring immediate aid or action in the course of official duties (Penal Code § 25140). 311.6 FIREARMS TRAINING AND QUALIFICATIONS All members who carry a firearm while on-duty are required to successfully complete training with their duty firearms. In addition, all members will qualify at least annually with their duty firearms. Members will qualify with off-duty and secondary firearms at least once a year. Training and qualifications must be on an approved range course. At least annually, all members carrying a firearm should receive practical training designed to simulate field situations including low-light shooting. 311.6.1 NON-CERTIFICATION OR NON-QUALIFICATION Officers will be given two opportunities to pass the standard SLOPD qualification on the day they attend range. They must pass (80% or better) on at least one of these opportunities. Officers who fail to qualify at least one of the two attempts shall be provided remedial training that day or as soon as practical, the nature of which will be at the discretion of range staff. (a) If the training occurs at a later date, officers will be temporarily suspended from field duty or carrying a firearm on duty until they pass. Range staff shall notify the Rangemaster Supervisor and the Watch Commander. The Officer shall submit a memo to their supervisor prior to the end of the scheduled training period. (b)Officers who qualify on the third attempt will be immediately reinstated to field duty and allowed to carry a firearm on duty (c)Following basic remedial training, Officers will be afforded one opportunity to remediate the Standard SLOPD qualification on the same day as this remedial training occurs. Officers who fail to qualify on this third attempt will be immediately suspended from field duty and not be allowed to carry a firearm on duty. Range staff shall notify the Rangemaster Supervisor and the Watch Commander. The Officer shall submit a memo to their supervisor prior to the end of the scheduled training period. (d)Officers who fail to qualify on the remedial (third) attempt shall be provided a plan for remedial training and placed on a performance improvement plan. This plan will be designed by range staff and approved by the Rangemaster supervisor. This plan may include: 1.Self-guided technique/manipulation practice 2.On-duty time allocated to range practice 3.Guided practice and instruction from a department Rangemaster 4.Designated goals and dates for accomplishment 5.Date for re-qualification attempt(s) San Luis Obispo Police Department San Luis Obispo PD CA Policy Manual Firearms Copyright Lexipol, LLC 2019/01/24, All Rights Reserved. Published with permission by San Luis Obispo Police Department Firearms - 83 6.Officers shall be removed from field duty and not allowed to carry a firearm on duty during this time (e)Following remedial training period, Officers shall be provided two opportunities to qualify.Officers must pass (80% or better) on at least one of these opportunities. 1.Officers who pass one of these two opportunities shall be immediately reinstated to field-duty/allowed to carry a firearm on duty. These offices will be subject to a continuing plan for remedial training and performance improvement. 2.Officers who fail to qualify on at least one of these opportunities shall be subject to termination. 311.6.2 ANNUAL INSPECTION All patrol rifles, shotguns, and primary duty handguns that are more than one year old shall be inspected annually by a certified armorer, who will generate an inspection report for each firearm. Firearms found to have defects, wear, or other conditions that make them unsafe for service shall be taken out of service. 311.7 FIREARM DISCHARGE Except during training or recreational use, any member who discharges a firearm intentionally or unintentionally, on- or off-duty, shall make a verbal report to his/her supervisor as soon as circumstances permit. If the discharge results in injury or death to another person, additional statements and reports shall be made in accordance with the Officer-Involved Shootings and Deaths Policy. If a firearm was discharged as a use of force, the involved member shall adhere to the additional reporting requirements set forth in the Use of Force Policy. In all other cases, written reports shall be made as follows: (a)If on-duty at the time of the incident, the member shall file a written report with his/her Bureau Commander or provide a recorded statement to investigators prior to the end of shift, unless otherwise directed. (b)If off-duty at the time of the incident, the member shall file a written report or provide a recorded statement no later than the end of the next regularly scheduled shift, unless otherwise directed by a supervisor. 311.7.1 DESTRUCTION OF ANIMALS Members are authorized to use firearms to stop an animal in circumstances where the animal reasonably appears to pose an imminent threat to human safety and alternative methods are not reasonably available or would likely be ineffective. In circumstances where there is sufficient advance notice that a potentially dangerous animal may be encountered, department members should develop reasonable contingency plans for dealing with the animal (e.g., fire extinguisher, TASER® device, oleoresin capsicum (OC) spray, animal control officer). Nothing in this policy shall prohibit any member from shooting a dangerous animal if circumstances reasonably dictate that a contingency plan has failed or becomes impractical. San Luis Obispo Police Department San Luis Obispo PD CA Policy Manual Firearms Copyright Lexipol, LLC 2019/01/24, All Rights Reserved. Published with permission by San Luis Obispo Police Department Firearms - 84 311.7.2 INJURED ANIMALS With the approval of a supervisor, a member may euthanize an animal that is so badly injured that human compassion requires its removal from further suffering and where other dispositions are impractical (Penal Code § 597.1(e)). Injured animals (with the exception of dogs and cats) may only be euthanized after a reasonable search to locate the owner has been made (Penal Code § 597.1(b)). Injured dogs and cats found without their owners shall be taken to an appropriate veterinarian for determination of whether they should be treated or humanely destroyed. 311.7.3 WARNING AND OTHER SHOTS Generally, warning shots or shots fired for the purpose of summoning aid are discouraged and may not be discharged unless the member reasonably believes that they appear necessary, effective and reasonably safe. 311.8 RANGEMASTER DUTIES The range will be under the exclusive control of the Rangemaster. All members attending will follow the directions of the Rangemaster. The Rangemaster will maintain a roster of all members attending the range and will submit the roster to the Training Manager after each range date. Failure of any member to sign in and out with the Rangemaster may result in non-qualification. The range shall remain operational and accessible to Department members during hours established by the Department. The Rangemaster has the responsibility of making periodic inspection, at least once a year, of all duty firearms carried by members of this department to verify proper operation. The Rangemaster has the authority to deem any department-issued or personally owned firearm unfit for service. The member will be responsible for all repairs to his/her personally owned firearm and it will not be returned to service until inspected by the Rangemaster. The Rangemaster has the responsibility for ensuring each member meets the minimum requirements during training shoots and, on at least a yearly basis, can demonstrate proficiency in the care, cleaning and safety of all firearms the member is authorized to carry. The Rangemaster shall complete and submit to the Training Manager documentation of the training courses provided. Documentation shall include the qualifications of each instructor who provides the training, a description of the training provided and, on a form that has been approved by the Department, a list of each member who completes the training. The Rangemaster should keep accurate records of all training shoots, qualifications, repairs, maintenance or other records as directed by the Training Manager. 311.9 FLYING WHILE ARMED The Transportation Security Administration (TSA) has imposed rules governing law enforcement officers flying armed on commercial aircraft. The following requirements apply to officers who San Luis Obispo Police Department San Luis Obispo PD CA Policy Manual Firearms Copyright Lexipol, LLC 2019/01/24, All Rights Reserved. Published with permission by San Luis Obispo Police Department Firearms - 85 intend to be armed while flying on a commercial air carrier or flights where screening is conducted (49 CFR 1544.219): (a)Officers wishing to fly while armed must be flying in an official capacity, not for vacation or pleasure, and must have a need to have the firearm accessible, as determined by the Department based on the law and published TSA rules. (b)Officers must carry their San Luis Obispo Police Department identification card, bearing the officer’s name, a full-face photograph, identification number, the officer’s signature and the signature of the Chief of Police or the official seal of the Department and must present this identification to airline officials when requested. The officer should also carry the standard photo identification needed for passenger screening by airline and TSA officials (e.g., driver license, passport). (c)The San Luis Obispo Police Department must submit a National Law Enforcement Telecommunications System (NLETS) message prior to the officer’s travel. If approved, TSA will send the San Luis Obispo Police Department an NLETS message containing a unique alphanumeric identifier. The officer must present the message on the day of travel to airport personnel as authorization to travel while armed. (d)An official letter signed by the Chief of Police authorizing armed travel may also accompany the officer. The letter should outline the officer’s need to fly armed, detail his/her itinerary, and include that the officer has completed the mandatory TSA training for a law enforcement officer flying while armed. (e)Officers must have completed the mandated TSA security training covering officers flying while armed. The training shall be given by the department-appointed instructor. (f)It is the officer’s responsibility to notify the air carrier in advance of the intended armed travel. This notification should be accomplished by early check-in at the carrier’s check-in counter. (g)Any officer flying while armed should discreetly contact the flight crew prior to take-off and notify them of his/her assigned seat. (h)Discretion must be used to avoid alarming passengers or crew by displaying a firearm. The officer must keep the firearm concealed on his/her person at all times. Firearms are not permitted in carry-on luggage and may not be stored in an overhead compartment. (i)Officers should try to resolve any problems associated with flying armed through the flight captain, ground security manager, TSA representative or other management representative of the air carrier. (j)Officers shall not consume alcoholic beverages while aboard an aircraft, or within eight hours prior to boarding an aircraft. 311.10 CARRYING FIREARMS OUT OF STATE Qualified, active, full-time officers of this department are authorized to carry a concealed firearm in all other states subject to the following conditions (18 USC § 926B): San Luis Obispo Police Department San Luis Obispo PD CA Policy Manual Firearms Copyright Lexipol, LLC 2019/01/24, All Rights Reserved. Published with permission by San Luis Obispo Police Department Firearms - 86 (a)The officer shall carry his/her San Luis Obispo Police Department identification card whenever carrying such firearm. (b)The officer is not the subject of any current disciplinary action. (c)The officer may not be under the influence of alcohol or any other intoxicating or hallucinatory drug. (d)The officer will remain subject to this and all other department policies (including qualifying and training). Officers are cautioned that individual states may enact local regulations that permit private persons or entities to prohibit or restrict the possession of concealed firearms on their property, or that prohibit or restrict the possession of firearms on any state or local government property, installation, building, base or park. Federal authority may not shield an officer from arrest and prosecution in such locally restricted areas. Active law enforcement officers from other states are subject to all requirements set forth in 18 USC § 926B. Policy 313 San Luis Obispo Police Department San Luis Obispo PD CA Policy Manual Copyright Lexipol, LLC 2019/01/24, All Rights Reserved. Published with permission by San Luis Obispo Police Department Vehicle Pursuits - 87 Vehicle Pursuits 313.1 PURPOSE AND SCOPE Vehicle pursuits expose innocent citizens, law enforcement officers and fleeing violators to the risk of serious injury or death. The primary purpose of this policy is to provide officers with guidance in balancing the safety of the public and themselves against law enforcement's duty to apprehend violators of the law. Another purpose of this policy is to reduce the potential for pursuit-related collisions. Vehicular pursuits require officers to exhibit a high degree of common sense and sound judgment. Officers must not forget that the immediate apprehension of a suspect is generally not more important than the safety of the public and pursuing officers. Deciding whether to pursue a motor vehicle is a critical decision that must be made quickly and under difficult and unpredictable circumstances. In recognizing the potential risk to public safety created by vehicular pursuits, no officer or supervisor shall be criticized or disciplined for deciding not to engage in a vehicular pursuit because of the risk involved. This includes circumstances where department policy would permit the initiation or continuation of the pursuit. It is recognized that vehicular pursuits are not always predictable and decisions made pursuant to this policy will be evaluated according to the totality of the circumstances reasonably available at the time of the pursuit. Officers must remember that the most important factors to the successful conclusion of a pursuit are proper self-discipline and sound professional judgment. Officer's conduct during the course of a pursuit must be objectively reasonable; that is, what a reasonable officer would do under the circumstances. An unreasonable individual’s desire to apprehend a fleeing suspect at all costs has no place in professional law enforcement. 313.1.1 VEHICLE PURSUIT DEFINED A vehicle pursuit is an event involving one or more law enforcement officers attempting to apprehend a suspect, who is attempting to avoid arrest while operating a motor vehicle by refusing to stop or yield, using high-speed driving or other evasive tactics, such as driving off a highway, turning suddenly, or driving in a legal manner but willfully failing to yield to an officer’s signal to stop. 313.2 OFFICER RESPONSIBILITIES It shall be the policy of this department that a vehicle pursuit shall be conducted only with red/ blue lights and siren as required by Vehicle Code § 21055 for exemption from compliance with the rules of the road. The following policy is established to provide officers with guidelines for driving with due regard and caution for the safety of all persons using the highway as required by Vehicle Code § 21056. 313.2.1 WHEN TO INITIATE A PURSUIT Officers are authorized to initiate a pursuit in order to apprehend a suspect for whom reasonable suspicion or probable cause exists to arrest for a violent or dangerous felony that is an immediate and articulable threat to human life. San Luis Obispo Police Department San Luis Obispo PD CA Policy Manual Vehicle Pursuits Copyright Lexipol, LLC 2019/01/24, All Rights Reserved. Published with permission by San Luis Obispo Police Department Vehicle Pursuits - 88 The following factors individually and collectively shall be considered in deciding whether to initiate a pursuit: (a)Seriousness of the known or reasonably suspected crime and its relationship to creating an immediate and articulable threat to human life. (b)The importance of protecting the public and balancing the known or reasonably suspected offense and the apparent need for immediate capture against the risks to officers, innocent motorists and others. (c)Apparent nature of the fleeing suspect(s) (e.g., whether the suspect(s) represent a serious threat to human life). (d)The identity of the suspect(s) has been verified and there is comparatively minimal risk in allowing the suspect(s) to be apprehended at a later time. (e)Safety of the public in the area of the pursuit, including the type of area, time of day, the amount of vehicular and pedestrian traffic and the speed of the pursuit relative to these factors. (f)Pursuing officer(s) familiarity with the area of the pursuit, the quality of radio communications between the pursuing units and the dispatcher/supervisor and the driving capabilities of the pursuing officers under the conditions of the pursuit. (g)Weather, traffic and road conditions that substantially increase the danger of the pursuit. (h)Performance capabilities of the vehicles used in the pursuit. (i)Other persons in or on the pursued vehicle (e.g., passengers, co-offenders and hostages). (j)Availability of other resources such as helicopter assistance. (k)The police unit is carrying passengers other than police officers. (l)Pursuits should not be undertaken with a prisoner(s) in the police vehicle. 313.2.2 WHEN TO TERMINATE A PURSUIT Pursuits should be discontinued whenever the totality of objective circumstances known or which reasonably ought to be known to the officer or supervisor during the pursuit indicates that the present risks of continuing the pursuit reasonably appear to outweigh the risks resulting from the suspect’s escape. Officers and supervisors must objectively and continuously weigh the seriousness of the offense against the potential danger to innocent motorists and themselves when electing to continue a pursuit. In the context of this policy, the term “terminate” shall be construed to mean discontinue San Luis Obispo Police Department San Luis Obispo PD CA Policy Manual Vehicle Pursuits Copyright Lexipol, LLC 2019/01/24, All Rights Reserved. Published with permission by San Luis Obispo Police Department Vehicle Pursuits - 89 or to stop chasing the fleeing vehicle, including shutting down lights and siren and not following the suspect vehicle. In addition to the factors listed in "313.2.1 When to Initiate a Pursuit", the following factors should also be considered in deciding whether to terminate a pursuit: (a)Distance between the pursuing officers and the fleeing vehicle is so great that further pursuit would be futile or require the pursuit to continue for an unreasonable time and/ or distance. (b)Pursued vehicle’s location is no longer definitely known. (c)Officer’s pursuit vehicle sustains any type of damage that renders it unsafe to drive. (d)Extended pursuits of violators for misdemeanors not involving violence or risk of serious harm (independent of the pursuit) are prohibited. (e)There are hazards to uninvolved bystanders or motorists. (f)If the identity of the offender is known and it does not reasonably appear that the need for immediate capture outweighs the risks associated with continuing the pursuit, officers should strongly consider discontinuing the pursuit and apprehending the offender at a later time. (g)Pursuit is terminated by a supervisor. 313.2.3 SPEED LIMITS The speed of a pursuit is a factor that should be evaluated on a continuing basis by the officer and supervisor. Evaluation of vehicle speeds shall take into consideration public safety, officer safety and the safety of the occupants of the fleeing vehicle. Should high vehicle speeds be reached during a pursuit, officers and supervisors shall also consider these factors when determining the reasonableness of the speed of the pursuit: (a)Pursuit speeds have become unreasonably unsafe for the surrounding conditions. (b)Pursuit speeds have exceeded the driving ability of the officer. (c)Pursuit speeds are beyond the capabilities of the pursuit vehicle thus making its operation unsafe. 313.3 PURSUIT UNITS Pursuit units should be limited to three vehicles; however, the number of units involved will vary with the circumstances. An officer or supervisor may request additional units to join a pursuit if, after assessing the factors outlined above, it appears that the number of officers involved would be insufficient to safely arrest the suspects. All other officers should stay out of the pursuit, but should remain alert to its progress and location. Any officer who drops out of a pursuit may then, if necessary, proceed to the termination point at legal speeds, following the appropriate rules San Luis Obispo Police Department San Luis Obispo PD CA Policy Manual Vehicle Pursuits Copyright Lexipol, LLC 2019/01/24, All Rights Reserved. Published with permission by San Luis Obispo Police Department Vehicle Pursuits - 90 of the road. Only under extreme circumstances should a supervisor get directly involved in a pursuit, unless initiated by a supervisor. 313.3.1 MOTORCYCLE OFFICERS A distinctively marked patrol vehicle equipped with emergency overhead lighting should replace a police motorcycle as primary and/or secondary pursuit unit as soon as practical. 313.3.2 VEHICLES WITHOUT EMERGENCY EQUIPMENT Vehicles not equipped with red light and siren are prohibited from initiating or joining in any pursuit. Officers in such vehicles, however, may become involved in emergency activities involving serious crimes or life threatening situations. Those officers should terminate their involvement in any pursuit immediately upon arrival of a sufficient number of emergency police vehicles or any police helicopter. The exemptions provided by Vehicle Code § 21055 do not apply to officers using vehicles without emergency equipment. 313.3.3 PRIMARY UNIT RESPONSIBILITIES The initial pursuing unit will be designated as the primary pursuit unit and will be responsible for the conduct of the pursuit unless it is unable to remain reasonably close enough to the violator’s vehicle. The primary responsibility of the officer initiating the pursuit is the apprehension of the suspects without unreasonable danger to him/herself or other persons. Notify the Communications Center that a vehicle pursuit has been initiated and as soon as practicable provide information including, but not limited to: (a)Reason for the pursuit. (b)Location and direction of travel. (c)Speed of the fleeing vehicle. (d)Description of the fleeing vehicle and license number, if known. (e)Number of known occupants. (f)The identity or description of the known occupants. (g)Information concerning the use of firearms, threat of force, injuries, hostages or other unusual hazards. Unless relieved by a supervisor or secondary unit, the officer in the primary unit shall be responsible for the broadcasting of the progress of the pursuit. Unless practical circumstances indicate otherwise, and in order to concentrate on pursuit driving, the primary officer should relinquish the responsibility of broadcasting the progress of the pursuit to a secondary unit or aircraft joining the pursuit. 313.3.4 SECONDARY UNITS RESPONSIBILITIES The second officer in the pursuit is responsible for the following: San Luis Obispo Police Department San Luis Obispo PD CA Policy Manual Vehicle Pursuits Copyright Lexipol, LLC 2019/01/24, All Rights Reserved. Published with permission by San Luis Obispo Police Department Vehicle Pursuits - 91 (a)The officer in the secondary unit should immediately notify the dispatcher of entry into the pursuit. (b)Remain a safe distance behind the primary unit unless directed to assume the role of primary officer, or if the primary unit is unable to continue the pursuit. (c)The secondary officer should be responsible for broadcasting the progress of the pursuit unless the situation indicates otherwise. 313.3.5 PURSUIT DRIVING TACTICS The decision to use specific driving tactics requires the same assessment of considerations outlined in the factors to be considered concerning pursuit initiation and termination. The following are tactics for units involved in the pursuit: (a)Officers, considering their driving skills and vehicle performance capabilities, will space themselves from other involved vehicles such that they are able to see and avoid hazards or react safely to maneuvers by the fleeing vehicle. (b)Because intersections can present increased risks, the following tactics should be considered: 1.Available units not directly involved in the pursuit should proceed safely to controlled intersections ahead of the pursuit in an effort to warn cross traffic. 2.Pursuing units should exercise due caution when proceeding through controlled intersections. (c)Officers shall not pursue a vehicle driving left of center (wrong way) on a freeway. Officers should not under normal circumstances pursue a vehicle driving the wrong way on a one way street. In the event that the pursued vehicle does so, the following tactics shall be considered: 1.Requesting assistance from an air unit. 2.Maintaining visual contact with the pursued vehicle by paralleling it on the correct side of the roadway. 3.Requesting other units to observe exits available to the suspects. (d)Notify the California Highway Patrol (CHP) and/or other jurisdictional agencies (e)Officers involved in a pursuit should not attempt to pass other units unless the situation indicates otherwise or they are requested to do so by the primary unit. San Luis Obispo Police Department San Luis Obispo PD CA Policy Manual Vehicle Pursuits Copyright Lexipol, LLC 2019/01/24, All Rights Reserved. Published with permission by San Luis Obispo Police Department Vehicle Pursuits - 92 313.3.6 TACTICS/PROCEDURES FOR UNITS NOT INVOLVED IN THE PURSUIT There should be no paralleling of the pursuit route. Officers are authorized to use emergency equipment at intersections along the pursuit path to clear intersections of vehicular and pedestrian traffic to protect the public. Officers should remain in their assigned area and should not become involved with the pursuit unless directed otherwise by a supervisor. Non-pursuing personnel needed at the termination of the pursuit should respond in a non- emergency manner, observing the rules of the road. The units directly involved in the pursuit should be the only units operating under emergency conditions (red/blue light and siren) unless directed otherwise by a supervisor. . 313.3.7 PURSUIT TRAILING In the event the initiating unit from this agency either relinquishes control of the pursuit to another unit or jurisdiction, that initiating unit may, with permission of a supervisor, trail the pursuit to the termination point in order to provide necessary information and assistance for the arrest of the suspects. The term trail means to follow the path of the pursuit at a safe speed while obeying all traffic laws and without activating emergency equipment. If the pursuit is at a slow rate of speed, the trailing unit will maintain sufficient distance from the pursuit units so as to clearly indicate an absence of participation in the pursuit. 313.3.8 AIRCRAFT ASSISTANCE Aircraft assistance should be requested. Once the air unit has established visual contact with the pursued vehicle, it should assume control over the pursuit. The primary and secondary ground units should consider the participation of aircraft assistance when determining whether to continue the pursuit. The air unit should coordinate the activities of resources on the ground, report progress of the pursuit and provide officers and supervisors with details of upcoming traffic congestion, road hazards, or other pertinent information to evaluate whether or not to continue the pursuit. If ground units are not within visual contact and the air unit determines that it is unsafe to continue the pursuit, the air unit has the authority to request to terminate the pursuit. 313.4 SUPERVISORY CONTROL AND RESPONSIBILITY It is the policy of this department that available supervisory and management control will be exercised over all vehicle pursuits involving officers from this department. The field supervisor of the officer initiating the pursuit, or if unavailable, the nearest field supervisor will be responsible for the following: (a)Upon becoming aware of a pursuit, immediately ascertaining all reasonably available information to continuously assess the situation and risk factors associated with the San Luis Obispo Police Department San Luis Obispo PD CA Policy Manual Vehicle Pursuits Copyright Lexipol, LLC 2019/01/24, All Rights Reserved. Published with permission by San Luis Obispo Police Department Vehicle Pursuits - 93 pursuit in order to ensure that the pursuit is conducted within established department guidelines. (b)Exercising management and control of the pursuit even if not engaged in it. (c)Ensuring that no more than the number of required police units needed are involved in the pursuit under the guidelines set forth in this policy. (d)Directing that the pursuit be terminated if, in his/her judgment, it is unjustified to continue the pursuit under the guidelines of this policy. (e)Ensuring that aircraft are requested. (f)Ensuring that the proper radio channel is being used. (g)Ensuring the notification and/or coordination of outside agencies. (h)Controlling and managing SLOPD units when a pursuit enters another jurisdiction. (i)Prior to the end of the shift prepare post-pursuit memo and analysis of the pursuit for training purposes unless a watch commander is on duty in which case the Post-pursuit memo will be completed by the watch commander as outlined in 313.4.1. 313.4.1 WATCH COMMANDER RESPONSIBILITY Upon becoming aware that a pursuit has been initiated, the Watch Commander should monitor and continually assess the situation and ensure the pursuit is conducted within the guidelines and requirements of this policy. The Watch Commander has the final responsibility for the coordination, control and termination of a vehicle pursuit and shall be in overall command. The Watch Commander shall review all pertinent reports for content and forward to the Bureau Commanderby the end of shift. This should include request made for all videos and dispatch recordings of the pursuit transmitions. Notifications of the pursuit shall be made through the chain of command. The Watch Commander shall prepare a post-pursuit memo and analysis of the pursuit for training purposes prior to the end of shift unless authorized by a Captain to postpone it. 313.5 COMMUNICATIONS If the pursuit is confined within the City limits, radio communications will be conducted on the primary channel unless instructed otherwise by a supervisor or communications dispatcher. If the pursuit leaves the jurisdiction of this department or such is imminent, involved units should, whenever available, switch radio communications to an emergency channel most accessible by participating agencies and units. 313.5.1 COMMUNICATION CENTER RESPONSIBILITIES Upon notification that a pursuit has been initiated, the Communications Center will: (a)Coordinate pursuit communications of the involved units and personnel. San Luis Obispo Police Department San Luis Obispo PD CA Policy Manual Vehicle Pursuits Copyright Lexipol, LLC 2019/01/24, All Rights Reserved. Published with permission by San Luis Obispo Police Department Vehicle Pursuits - 94 (b)Notify and coordinate with other involved or affected agencies as practicable. (c)Ensure that a field supervisor is notified of the pursuit. (d)Assign an incident number and log all pursuit activities. (e)Broadcast pursuit updates as well as other pertinent information as necessary. (f)Notify the Watch Commander as soon as practicable. 313.5.2 LOSS OF PURSUED VEHICLE When the pursued vehicle is lost, the primary unit should broadcast pertinent information to assist other units in locating suspects. The primary unit will be responsible for coordinating any further search for either the pursued vehicle or suspects fleeing on foot. 313.6 INTER-JURISDICTIONAL CONSIDERATIONS When a pursuit enters another agency's jurisdiction, the primary officer or supervisor, taking into consideration distance traveled, unfamiliarity with the area and other pertinent facts, should determine whether to request the other agency to assume the pursuit. Even if entry into another jurisdiction is expected to be brief,communications shall ensure that notification is provided to each outside jurisdiction into which the pursuit is reasonably expected to enter, regardless of whether such jurisdiction is expected to assist. 313.6.1 ASSUMPTION OF PURSUIT BY ANOTHER AGENCY Units originally involved will discontinue the pursuit when advised that another agency has assumed the pursuit and assistance of the San Luis Obispo Police Department(SLOPD) is no longer needed. Upon discontinuing the pursuit, the primary unit may proceed upon request, with or at the direction of a supervisor, to the termination point to assist in the investigation. The role and responsibilities of officers at the termination of a pursuit initiated by this department shall be coordinated with appropriate consideration of the units from the agency assuming the pursuit. Notification of a pursuit in progress shall not be construed as a request to join the pursuit. Requests to or from another agency to assume a pursuit should be specific. Because of communication limitations between local agencies and CHP units, a request for CHP assistance will mean that they will assume responsibilities for the pursuit. When a pursuit leaves the freeway and a request for assistance is made to this department, if the other agencies pursuit does not meet the criteria for initiation of a pursuit per department policy (313.21), officers shall not assume responsibility of the pursuit. 313.6.2 PURSUITS EXTENDING INTO THIS JURISDICTION The agency that initiates a pursuit shall be responsible for conducting the pursuit. Units from this department should not join a pursuit unless specifically requested to do so by the agency whose officers are in pursuit, and then should only do so if the pursuit meets SLOPD policy. The exception to this is when a single unit from the initiating agency is in pursuit. Under this circumstance, a unit San Luis Obispo Police Department San Luis Obispo PD CA Policy Manual Vehicle Pursuits Copyright Lexipol, LLC 2019/01/24, All Rights Reserved. Published with permission by San Luis Obispo Police Department Vehicle Pursuits - 95 from this department may join the pursuit until sufficient units from the initiating agency join the pursuit, at which point SLOPD officers will disengage in the active pursuit. SLOPD officers may assist the pursuit by blocking intersections and warning pedestrians and other traffic of the pursuit. When a request is made for this department to assist or take over a pursuit from another agency that has entered this jurisdiction, the supervisor shall consider these additional following factors: (a)Ability to maintain the pursuit (b)Circumstances as outlined in 313.21 (c)Adequate staffing to continue the pursuit (d)The public's safety within this jurisdiction (e)Safety of the pursuing officers As soon as practicable, a supervisor or the Watch Commander should review a request for assistance from another agency. The Watch Commander or supervisor, after consideration of the above factors, may decline to assist in, or assume the other agency’s pursuit. Assistance to a pursuing allied agency by officers of this department will terminate at the City limits provided that the pursuing officers have sufficient assistance from other sources. Ongoing participation from this department may continue only until sufficient assistance is present and only with supervisor approval. In the event that a pursuit from another agency terminates within this jurisdiction, officers shall provide appropriate assistance to officers from the allied agency including, but not limited to, scene control, coordination and completion of supplemental reports and any other assistance requested or needed. 313.7 PURSUIT INTERVENTION Pursuit intervention is an attempt to terminate the ability of a suspect to continue to flee in a motor vehicle through tactical application of technology, road spikes, blocking, boxing, PIT (Pursuit Intervention Technique), ramming or roadblock procedures. In this context, ramming shall be construed to mean maneuvering the police unit into contact with the pursued vehicle to mechanically disable or forcibly position it such that further flight is not possible or practicable. 313.7.1 WHEN USE IS AUTHORIZED Use of pursuit intervention tactics should be employed only after approval of a supervisor. In deciding whether to use intervention tactics, officers/supervisors should balance the risks of allowing the pursuit to continue with the potential hazards arising from the use of each tactic to the public, the officers and persons in or on the pursued vehicle. With these risks in mind, the decision to use any intervention tactic should be reasonable in light of the circumstances confronting the San Luis Obispo Police Department San Luis Obispo PD CA Policy Manual Vehicle Pursuits Copyright Lexipol, LLC 2019/01/24, All Rights Reserved. Published with permission by San Luis Obispo Police Department Vehicle Pursuits - 96 officer at the time of the decision. The location and speed shall be considered prior to employing any pursuit interventions. It is imperative that officers act within the bounds of legality, good judgment and accepted practices. 313.7.2 DEFINITIONS Blocking or vehicle intercept - A slow-speed coordinated maneuver where two or more patrol vehicles simultaneously intercept and block the movement of a suspect vehicle, the driver of which may be unaware of the impending enforcement stop, with the goal of containment and preventing a pursuit. Blocking is not a moving or stationary road block. Boxing-in - A tactic designed to stop a violator’s vehicle by surrounding it with law enforcement vehicles and then slowing all vehicles to a stop. Pursuit Intervention Technique (PIT) - A low-speed maneuver designed to cause the suspect vehicle to spin out and terminate the pursuit. Ramming - The deliberate act of impacting a violator’s vehicle with another vehicle to functionally damage or otherwise force the violator’s vehicle to stop. Roadblocks - A tactic designed to stop a violator’s vehicle by intentionally placing an emergency vehicle or other immovable object in the path of the violator’s vehicle. Spikes or tack strips - A device that extends across the roadway designed to puncture the tires of the pursued vehicle. 313.7.3 USE OF FIREARMS The use of firearms to disable a pursued vehicle is not generally an effective tactic and involves all the dangers associated with discharging firearms. Officers should not utilize firearms during an ongoing pursuit unless the conditions and circumstances dictate that such use reasonably appears necessary to protect life. Nothing in this section shall be construed to prohibit any officer from using a firearm to stop a suspect from using a vehicle as a deadly weapon. 313.7.4 INTERVENTION STANDARDS Any pursuit intervention tactic, depending upon the conditions and circumstances under which it is used, may present dangers to the officers, the public or anyone in or on the vehicle being pursued. Certain applications of intervention tactics may be construed to be a use of deadly force and subject to the requirements for such use. Officers shall consider these facts and requirements prior to deciding how, when, where and if an intervention tactic should be employed. (a)Blocking or vehicle intercept should only be considered in cases for whom reasonable suspicion or probable cause exists to arrest for a violent or dangerous felony (see 313.2.1) or impaired drivers who pose an immediate threat to public safety when officers reasonably believe that attempting a conventional enforcement stop will likely San Luis Obispo Police Department San Luis Obispo PD CA Policy Manual Vehicle Pursuits Copyright Lexipol, LLC 2019/01/24, All Rights Reserved. Published with permission by San Luis Obispo Police Department Vehicle Pursuits - 97 result in the driver attempting to flee in the vehicle. Because of the potential risks involved, this technique should only be employed by officers who have received training in such tactics after giving consideration to the following: 1.The need to immediately stop the suspect vehicle or prevent it from leaving substantially outweighs the risks of injury or death to occupants of the suspect vehicle, officers, or other members of the public. 2.All other reasonable intervention techniques have failed or reasonably appear ineffective. 3.Employing the blocking maneuver does not unreasonably increase the risk to officer safety. 4.The target vehicle is stopped or traveling at a low speed. 5.At no time should civilian vehicles be used to deploy this technique. (b)Ramming a fleeing vehicle should be done only after other reasonable tactical means at the officer's disposal have been exhausted. This tactic should be reserved for situations where there does not appear to be another reasonable alternative method. This policy is an administrative guide to direct officers in their decision-making process before ramming another vehicle. When ramming is used as a means to stop a fleeing vehicle, one or more of the following factors should be present: 1.Officers are authorized to initiate a pursuit in order to apprehend a suspect for whom reasonable suspicion or probable cause exists to arrest for a violent or dangerous felony that is an immediate and articulable threat to human life. 2.Reasonable suspicion or probable cause exists to arrest the suspect for a violent or dangerous felony that and the suspect is an immediate and articulable threat to human life. 3.The suspect is driving with willful or wanton disregard for the safety of other persons or is driving in a reckless and life-endangering manner. 4.If there does not reasonably appear to be a present or immediately foreseeable serious threat to the public, the use of ramming is not authorized. (c)Pursuit Intervention Technique (PIT) may be used in a situation where an officer reasonably determines that it is immediately necessary to apprehend a subject because the suspect poses an imminent threat to human life. The use of PIT constitutes a forceful intervention against the vehicle and amounts to a seizure. Officers should ensure that they have a legal basis for the seizure prior to utilizing PIT. Limitations to consider prior to initiation the use of PIT include: (a)It is performed by a PIT trained officer. (b)The vehicles are traveling at 35 MPH or less at the time the PIT is initiated. San Luis Obispo Police Department San Luis Obispo PD CA Policy Manual Vehicle Pursuits Copyright Lexipol, LLC 2019/01/24, All Rights Reserved. Published with permission by San Luis Obispo Police Department Vehicle Pursuits - 98 (c)The PIT trained officer has reasonably determined that it is immediately necessary to do so based on the authorized PIT guidelines. (d)The apparent risk of harm to the public from the suspect outweighs the apparent risk of harm involved in using the PIT maneuver. (e)The vehicle used for the PIT maneuver should be operated with active emergency lights and siren. (f)Unmarked vehicles, if so equipped, should be operated with the emergency lights activated, but circumstances may dictate another course of action so as not to alert the suspect vehicle of the intent to initiate the PIT maneuver. (d)PIT shall not be utilized: 1.On a pickup truck or similar type of vehicle when there are people occupying the open bed portion. 2.On motorcycles. 3.When non-sworn personnel are passengers in the PIT vehicle (i.e. Ride-a- longs, Explorers, Prisoners, etc.) (e)As with all intervention techniques, pursuing officers should obtain supervisor approval before attempting to box a suspect vehicle during a pursuit. The use of such a technique must be carefully coordinated with all involved units, taking into consideration the circumstances and conditions presented at the time as well as the potential risk of injury to officers, the public and occupants of the pursued vehicle. (f)The use of spike strips should be approved in advance by a supervisor and deployed only when it is reasonably certain that only the pursued vehicle will be affected by their use. Officers should carefully consider the limitations of such devices as well as the potential risks to officers, the public and occupants of the pursued vehicle. If the pursued vehicle is a motorcycle, a vehicle transporting hazardous materials, or a school bus transporting children, officers and supervisors should weigh the potential consequences against the need to immediately stop the vehicle. (g)Because roadblocks involve a potential for serious injury or death to occupants of the pursued vehicle if the suspect does not stop, the intentional placement of roadblocks in the direct path of a pursued vehicle is generally discouraged and should not be deployed without prior approval of a supervisor and only then under extraordinary conditions when all other reasonable intervention techniques have failed or reasonably appear ineffective and the need to immediately stop the pursued vehicle substantially outweighs the risks of injury or death to occupants of the pursued vehicle, officers or other members of the public. 313.7.5 CAPTURE OF SUSPECTS Proper self-discipline and sound professional judgment are the keys to a successful conclusion of a pursuit and apprehension of evading suspects. Officers shall use only that amount of force, San Luis Obispo Police Department San Luis Obispo PD CA Policy Manual Vehicle Pursuits Copyright Lexipol, LLC 2019/01/24, All Rights Reserved. Published with permission by San Luis Obispo Police Department Vehicle Pursuits - 99 which reasonably appears necessary under the circumstances, to properly perform their lawful duties. Unless relieved by a supervisor, the primary officer should coordinate efforts to apprehend the suspects following the pursuit. Officers should consider safety of the public and the involved officers when formulating plans to contain and capture the suspects. 313.8 REPORTING REQUIREMENTS The following reports should be completed upon conclusion of all pursuits: (a)The primary officer should complete appropriate crime/arrest reports. (b)The Watch Commander shall ensure that an Allied Agency Vehicle Pursuit Report (form CHP 187A) is filed with the CHP not later than 30 days following the pursuit (Vehicle Code § 14602.1). The primary officer should complete as much of the required information on the form as is known and forward the report to the Watch Commander for review and distribution. (c)After first obtaining the available information, a field supervisor shall complete a Pursuit Memorandum prior to the end of his/her shift, briefly summarizing the pursuit, and submit it to his/her manager. This memorandum should minimally contain the following information: 1.Date and time of pursuit 2.Length of pursuit 3.Involved units and officers 4.Initial reason for pursuit and justification as outlined in 313.2.1 5.Starting and termination points 6.Disposition (arrest, citation), including arrestee information if applicable 7.Injuries and/or property damage 8.Medical treatment 9.Name of supervisor at scene 10. 313.8.1 REGULAR AND PERIODIC PURSUIT TRAINING In addition to initial and supplementary Police Officer Standard Training (POST) training on pursuits required by Penal Code § 13519.8, all sworn members of this department will participate no less than annually in regular and periodic department training addressing this policy and the importance of vehicle safety and protecting the public at all times, including a recognition of the San Luis Obispo Police Department San Luis Obispo PD CA Policy Manual Vehicle Pursuits Copyright Lexipol, LLC 2019/01/24, All Rights Reserved. Published with permission by San Luis Obispo Police Department Vehicle Pursuits - 100 need to balance the known offense and the need for immediate capture against the risks to officers and others (Vehicle Code § 17004.7(d)). 313.8.2 POLICY REVIEW Each sworn member of this department shall certify in writing that they have received, read and understand this policy initially and upon any amendments. 313.9 APPLICATION OF VEHICLE PURSUIT POLICY This policy is expressly written and adopted pursuant to the provisions of Vehicle Code § 17004.7, with additional input from the POST Vehicle Pursuit Guidelines. Policy 315 San Luis Obispo Police Department San Luis Obispo PD CA Policy Manual Copyright Lexipol, LLC 2019/01/24, All Rights Reserved. Published with permission by San Luis Obispo Police Department Officer Response to Calls - 101 Officer Response to Calls 315.1 PURPOSE AND SCOPE This policy provides for the safe and appropriate response to emergency and non-emergency situations whether dispatched or self-initiated. 315.2 RESPONSE TO CALLS Officers dispatched "Code-3" shall consider the call an emergency response and proceed immediately. Officers responding Code-3 shall continuously operate emergency lighting equipment, including at minimum a steady forward facing red light, and shall sound the siren as reasonably necessary pursuant to Vehicle Code § 21055. Responding with emergency light(s) and siren does not relieve the officer of the duty to continue to drive with due regard for the safety of all persons. The use of any other warning equipment without a red light and siren does not provide any exemption from the Vehicle Code. Officers should only respond Code-3 when so dispatched or when circumstances reasonably indicate an emergency response is required. Officers not authorized to respond Code-3 shall observe all traffic laws and proceed without the use of emergency lights and siren. 315.3 REQUESTING EMERGENCY ASSISTANCE Requests for emergency assistance should be limited to those situations where the involved personnel reasonably believe that there is an immediate threat to the safety of officers, or assistance is needed to prevent imminent serious harm to a citizen. In any event, where a situation has stabilized and emergency response is not required, the requesting officer shall immediately notify the Communications Center. If circumstances permit, the requesting officer should give the following information: •The unit number •The location •The reason for the request and type of emergency •The number of units required 315.3.1 NUMBER OF UNITS ASSIGNED Normally, only one unit should respond to an emergency call Code-3 unless the Watch Commander or the field supervisor authorizes an additional unit(s). 315.4 INITIATING CODE 3 RESPONSE If an officer believes a Code-3 response to any call is appropriate, the officer shall immediately notify the Communications Center. Generally, only one unit should respond Code-3 to any situation. Should another officer believe a Code-3 response is appropriate, the Communications San Luis Obispo Police Department San Luis Obispo PD CA Policy Manual Officer Response to Calls Copyright Lexipol, LLC 2019/01/24, All Rights Reserved. Published with permission by San Luis Obispo Police Department Officer Response to Calls - 102 Center shall be notified and the Watch Commander or field supervisor will make a determination as to whether one or more officers driving Code-3 is appropriate. 315.5 RESPONSIBILITIES OF RESPONDING OFFICER(S) Officers shall exercise sound judgment and care with due regard for life and property when responding to an emergency call. Officers shall reduce speed at all street intersections to such a degree that they shall have complete control of the vehicle. The decision to continue a Code-3 response is at the discretion of the officer. If, in the officer's judgment, the roadway conditions or traffic congestion does not permit such a response without unreasonable risk, the officer may elect to respond to the call without the use of red lights and siren at the legal speed limit. In such an event, the officer should immediately notify the Communications Center. An officer shall also discontinue the Code-3 response when directed by a supervisor. Officers may, with discretion, initiate brief code-3 status during an otherwise code-2 response to request the right-of-way from slower, congested, or cross traffic at intersections or other areas where the officer's response is thereby delayed. This includes situations where one unit has been assigned code-3 response. Upon receiving authorization or determining a Code-3 response is appropriate, an officer shall immediately give the location from which he/she is responding. 315.6 COMMUNICATIONS RESPONSIBILITIES A dispatcher shall assign a Code-3 response when an officer requests emergency assistance or available information reasonably indicates that the public is threatened with serious injury or death and immediate police response is needed. In all other circumstances, the dispatcher shall obtain authorization from the Watch Commander or a field supervisor prior to assigning units Code-3 . The dispatcher shall: (a)Attempt to assign the closest available unit to the location requiring assistance (b)Immediately notify the Watch Commander (c)Confirm the location from which the unit is responding (d)Notify and coordinate allied emergency services (e.g., fire and ambulance) (e)Continue to obtain and broadcast information as necessary concerning the response and monitor the situation until it is stabilized or terminated (f)Control all radio communications during the emergency and coordinate assistance under the direction of the Watch Commander or field supervisor 315.7 SUPERVISORY RESPONSIBILITIES Upon being notified that a Code-3 response has been initiated, the Watch Commander or the field supervisor shall verify the following: San Luis Obispo Police Department San Luis Obispo PD CA Policy Manual Officer Response to Calls Copyright Lexipol, LLC 2019/01/24, All Rights Reserved. Published with permission by San Luis Obispo Police Department Officer Response to Calls - 103 (a)The proper response has been initiated (b)No more than those units reasonably necessary under the circumstances are involved in the response (c)Affected outside jurisdictions are being notified as practical The field supervisor shall monitor the response until it has been stabilized or terminated and assert control by directing units into or out of the response if necessary. If, in the supervisor's judgment, the circumstances require additional units to be assigned a Code-3 response, the supervisor may do so. It is the supervisor's responsibility to terminate a Code-3 response that, in his/her judgment is inappropriate due to the circumstances. When making the decision to authorize a Code-3 response, the Watch Commander or the field supervisor should consider the following: •The type of call •The necessity of a timely response •Traffic and roadway conditions •The location of the responding units 315.8 FAILURE OF EMERGENCY EQUIPMENT If the emergency equipment on the vehicle should fail to operate, the officer must terminate the Code-3 response and respond accordingly. In all cases, the officer shall notify the Watch Commander, field supervisor, or the Communications Center of the equipment failure so that another unit may be assigned to the emergency response. Policy 319 San Luis Obispo Police Department San Luis Obispo PD CA Policy Manual Copyright Lexipol, LLC 2019/01/24, All Rights Reserved. Published with permission by San Luis Obispo Police Department Domestic Violence - 104 Domestic Violence 319.1 PURPOSE AND SCOPE The purpose of this policy is to provide the guidelines necessary to deter, prevent and reduce domestic violence through vigorous enforcement and to address domestic violence as a serious crime against society. The policy specifically addresses the commitment of this department to take enforcement action when appropriate, to provide assistance to victims and to guide officers in the investigation of domestic violence. 319.1.1 DEFINITIONS Definitions related to this policy include: Court order - All forms of orders related to domestic violence that have been issued by a court of this state or another, whether civil or criminal, regardless of whether service has been made. 319.2 POLICY The San Luis Obispo Police Department’s response to incidents of domestic violence and violations of related court orders shall stress enforcement of the law to protect the victim and shall communicate the philosophy that domestic violence is criminal behavior. It is also the policy of this department to facilitate victims’ and offenders’ access to appropriate civil remedies and community resources whenever feasible. 319.3 OFFICER SAFETY The investigation of domestic violence cases often places officers in emotionally charged and sometimes highly dangerous environments. No provision of this policy is intended to supersede the responsibility of all officers to exercise due caution and reasonable care in providing for the safety of any officers and parties involved. 319.4 INVESTIGATIONS The following guidelines should be followed by officers when investigating domestic violence cases: (a)Calls of reported, threatened, imminent or ongoing domestic violence and the violation of any court order are of extreme importance and should be considered among the highest response priorities. This includes incomplete 9-1-1 calls. (b)When practicable, officers should obtain and document statements from the victim, the suspect and any witnesses, including children, in or around the household or location of occurrence. (c)Officers should list the full name and date of birth (and school if available) of each child who was present in the household at the time of the offense. The names of other children who may not have been in the house at that particular time should also be obtained for follow-up. San Luis Obispo Police Department San Luis Obispo PD CA Policy Manual Domestic Violence Copyright Lexipol, LLC 2019/01/24, All Rights Reserved. Published with permission by San Luis Obispo Police Department Domestic Violence - 105 (d)When practicable and legally permitted, video or audio record all significant statements and observations. (e)All injuries should be photographed, regardless of severity, taking care to preserve the victim’s personal privacy. Where practicable, photographs should be taken by a person of the same sex. Victims whose injuries are not visible at the time of the incident should be asked to contact the Detective Bureau in the event that the injuries later become visible. (f)Officers should request that the victim complete and sign an authorization for release of medical records related to the incident when applicable. (g)If the suspect is no longer at the scene, officers should make reasonable efforts to locate the suspect to further the investigation, provide the suspect with an opportunity to make a statement and make an arrest or seek an arrest warrant if appropriate. (h)Seize any firearms or other dangerous weapons in the home, if appropriate and legally permitted, for safekeeping or as evidence. If the domestic violence involved threats of bodily harm, any firearm discovered in plain view or pursuant to consent or other lawful search must be taken into temporary custody (Penal Code § 18250). (i)When completing an incident or arrest report for violation of a court order, officers should include specific information that establishes that the offender has been served, including the date the offender was served, the name of the agency that served the order and the provision of the order that the subject is alleged to have violated. When reasonably available, the arresting officer should attach a copy of the order to the incident or arrest report. (j)Officers should take appropriate enforcement action when there is probable cause to believe an offense has occurred. Factors that should not be used as sole justification for declining to take enforcement action include: 1.Marital status of suspect and victim. 2.Whether the suspect lives on the premises with the victim. 3.Claims by the suspect that the victim provoked or perpetuated the violence. 4.The potential financial or child custody consequences of arrest. 5.The physical or emotional state of either party. 6.Use of drugs or alcohol by either party. 7.Denial that the abuse occurred where evidence indicates otherwise. 8.A request by the victim not to arrest the suspect. 9.Location of the incident (public/private). 10.Speculation that the complainant may not follow through with the prosecution. 11.The racial, cultural, social, professional position or sexual orientation of the victim or suspect. San Luis Obispo Police Department San Luis Obispo PD CA Policy Manual Domestic Violence Copyright Lexipol, LLC 2019/01/24, All Rights Reserved. Published with permission by San Luis Obispo Police Department Domestic Violence - 106 319.4.1 IF A SUSPECT IS ARRESTED If a suspect is arrested, officers should: (a)Advise the victim that there is no guarantee the suspect will remain in custody. (b)Provide the victim’s contact information to the jail staff to enable notification of the victim upon the suspect’s release from jail. (c)Advise the victim whether any type of court order will be in effect when the suspect is released from jail. 319.4.2 IF NO ARREST IS MADE If no arrest is made, the officer should: (a)Advise the parties of any options, including but not limited to: 1.Voluntary separation of the parties. 2.Appropriate resource referrals (e.g., counselors, friends, relatives, shelter services, victim witness unit). (b)Document the resolution in a report. 319.5 VICTIM ASSISTANCE Victims may be traumatized or confused. Officers should: (a)Recognize that a victim's behavior and actions may be affected. (b)Provide the victim with a Victim's Rights Card, including the rights of crime victims pursuant to the California Constitution (P.C.679.08) "Marsy's Rights," even if the incident may not rise to the level of a crime. (c)Alert the victim to any available victim advocates, shelters and community resources. (d)The victim has the right to have an advocate or support person of the victim's choosing present during the law enforcement interview, unless deemed detrimental to the interview. (P.C. 679.05). (e)Stand by for a reasonable amount of time when an involved person requests law enforcement assistance while removing essential items of personal property. (f)Seek medical assistance as soon as practicable for the victim if he/she has sustained injury or complains of pain. (g)Ask the victim whether he/she has a safe place to stay. Assist in arranging to transport the victim to a safe location or shelter if the victim expresses a concern for his/her safety or if the officer determines that a need exists. Name of your jurisdiction: County shelters provide 24 hour crisis lines. (h)Make reasonable efforts to ensure that children or dependent adults who are under the supervision of the suspect or victim are being properly cared for. San Luis Obispo Police Department San Luis Obispo PD CA Policy Manual Domestic Violence Copyright Lexipol, LLC 2019/01/24, All Rights Reserved. Published with permission by San Luis Obispo Police Department Domestic Violence - 107 (i)Seek or assist the victim in obtaining an emergency protective order if appropriate. (j)If the victim is an undocumented immigrant, the victim may be eligible for a "U-Visa", which may be initiated by the District Attorney's Office or an immigrant assistance agency. (k)The victim may request to have their name deleted from the crime report (GC 6254(f) (2). (l)If sexual assault is reported, evaluate to determine if a medical/legal SART exam is appropriate. If the victim does not want to cooperate with law enforcement, inform the victim of his/her right to access a SART exam without law enforcement involvement and at no cost to the victim. In all sexual assault cases, victims should be referred to the Sexual Assault Recovery and Prevention Center (SARP). 319.6 DISPATCH ASSISTANCE All calls of domestic violence, including incomplete 9-1-1 calls, should be dispatched as soon as practicable. Dispatchers are not required to verify the validity of a court order before responding to a request for assistance. Officers should request that dispatchers check whether any of the involved persons are subject to the terms of a court order. 319.7 FOREIGN COURT ORDERS Various types of orders may be issued in domestic violence cases. Any foreign court order properly issued by a court of another state, Indian tribe, or territory shall be enforced by officers as if it were the order of a court in this state. An order should be considered properly issued when it reasonably appears that the issuing court has jurisdiction over the parties and reasonable notice and opportunity to respond was given to the party against whom the order was issued (18 USC § 2265). An otherwise valid out-of-state court or foreign order shall be enforced, regardless of whether the order has been properly registered with this state (Family Code § 6403). Canadian domestic violence protection orders shall also be enforced in the same manner as if issued in this state (Family Code § 6452). 319.8 VERIFICATION OF COURT ORDERS Determining the validity of a court order, particularly an order from another jurisdiction, can be challenging. Therefore, in determining whether there is probable cause to make an arrest for a violation of any court order, officers should carefully review the actual order when available, and where appropriate and practicable: (a)Ask the subject of the order about his/her notice or receipt of the order, his/her knowledge of its terms and efforts to respond to the order. 1.If a determination is made that a valid foreign order cannot be enforced because the subject has not been notified or served the order, the officer shall inform San Luis Obispo Police Department San Luis Obispo PD CA Policy Manual Domestic Violence Copyright Lexipol, LLC 2019/01/24, All Rights Reserved. Published with permission by San Luis Obispo Police Department Domestic Violence - 108 the subject of the order, make a reasonable effort to serve the order upon the subject, and allow the subject a reasonable opportunity to comply with the order before enforcing the order. Verbal notice of the terms of the order is sufficient notice (Family Code § 6403). (b)Check available records or databases that may show the status or conditions of the order. 1.Registration or filing of an order in California is not required for the enforcement of a valid foreign order (Family Code § 6403). (c)Contact the issuing court to verify the validity of the order. (d)Contact a law enforcement official from the jurisdiction where the order was issued to verify information. Officers should document in an appropriate report their efforts to verify the validity of an order, regardless of whether an arrest is made. Officers should contact a supervisor for clarification when needed. 319.9 LEGAL MANDATES AND RELEVANT LAWS California law provides for the following: 319.9.1 STANDARDS FOR ARRESTS Officers investigating a domestic violence report should consider the following: (a)An arrest should be made when there is probable cause to believe that a felony or misdemeanor domestic violence offense has been committed (Penal Code § 13701). Any decision to not arrest an adult when there is probable cause to do so requires supervisor approval. 1.Officers are only authorized to make an arrest without a warrant for a misdemeanor domestic violence offense if the officer makes the arrest as soon as probable cause arises (Penal Code § 836). (b)An officer responding to a domestic violence call who cannot make an arrest will advise the victim of his/her right to make a private person’s arrest. The advisement should be made out of the presence of the suspect and shall include advising the victim how to safely execute the arrest. Officers shall not dissuade victims from making a lawful private person’s arrest. Officers should refer to the provisions in the Private Persons Arrests Policy for options regarding the disposition of private person’s arrests (Penal Code § 836(b)). (c)Officers shall not cite and release a person for the following offenses (Penal Code § 853.6(a)(3)): 1.Penal Code § 243(e)(1) (battery against spouse, cohabitant) 2.Penal Code § 273.5 (corporal injury on spouse, cohabitant, fiancé/fiancée, person of a previous dating or engagement relationship, mother/father of the offender’s child) San Luis Obispo Police Department San Luis Obispo PD CA Policy Manual Domestic Violence Copyright Lexipol, LLC 2019/01/24, All Rights Reserved. Published with permission by San Luis Obispo Police Department Domestic Violence - 109 3.Penal Code § 273.6 (violation of protective order) if violence or threats of violence have occurred or the suspect has gone to the workplace or residence of the protected party 4.Penal Code § 646.9 (stalking) 5.Other serious or violent felonies specified in Penal Code § 1270.1 (d)In responding to domestic violence incidents, including mutual protective order violations, officers should generally be reluctant to make dual arrests. Officers shall make reasonable efforts to identify the dominant aggressor in any incident. The dominant aggressor is the person who has been determined to be the most significant, rather than the first, aggressor (Penal Code § 13701). In identifying the dominant aggressor, an officer shall consider: 1.The intent of the law to protect victims of domestic violence from continuing abuse. 2.The threats creating fear of physical injury. 3.The history of domestic violence between the persons involved. 4.Whether either person acted in self-defense. (e)An arrest shall be made when there is probable cause to believe that a violation of a domestic violence court order has been committed (Penal Code § 13701; Penal Code § 836), regardless of whether the offense was committed in the officer’s presence. After arrest, the officer shall confirm that a copy of the order has been registered, unless the victim provides a copy (Penal Code § 836). 319.9.2 COURT ORDERS (a)An officer who obtains an emergency protective order from the court shall serve it on the restrained person if the person can be reasonably located, and shall provide the person protected or the person’s parent/guardian with a copy of the order. The officer shall file a copy with the court as soon as practicable and shall have the order entered into the computer database system for protective and restraining orders maintained by the Department of Justice (Family Code § 6271; Penal Code § 646.91). (b)At the request of the petitioner, an officer at the scene of a reported domestic violence incident shall serve a court order on a restrained person (Family Code § 6383; Penal Code § 13710). (c)Any officer serving a protective order that indicates that the respondent possesses weapons or ammunition shall request that the firearm/ammunition be immediately surrendered (Family Code § 6389(c)(2)). (d)During the service of a protective order any firearm discovered in plain view or pursuant to consent or other lawful search shall be taken into temporary custody (Penal Code § 18250). (e)If a valid Canadian order cannot be enforced because the person subject to the order has not been notified or served with the order, the officer shall notify the protected individual that reasonable efforts shall be made to contact the person subject to the San Luis Obispo Police Department San Luis Obispo PD CA Policy Manual Domestic Violence Copyright Lexipol, LLC 2019/01/24, All Rights Reserved. Published with permission by San Luis Obispo Police Department Domestic Violence - 110 order. The officer shall make a reasonable effort to inform the person subject to the order of the existence and terms of the order and provide him/her with a record of the order, if available, and shall allow the person a reasonable opportunity to comply with the order before taking enforcement action (Family Code § 6452). 319.9.3 PUBLIC ACCESS TO POLICY A copy of this domestic violence policy will be provided to members of the public upon request (Penal Code § 13701). 319.9.4 REPORTS AND RECORDS (a)A written report shall be completed on all incidents of domestic violence. All such reports should be documented on the appropriate form, which includes information and notations specific to domestic violence incidents as required by Penal Code § 13730. (b)Reporting officers should provide the victim with the case number of the report. The case number may be placed in the space provided on the domestic violence victim information handout provided to the victim. If the case number is not immediately available, an explanation should be given regarding how the victim can obtain the information at a later time. (c)Officers who seize any firearm or other deadly weapon in a domestic violence incident shall issue the individual possessing such weapon a receipt that includes the name and residential mailing address of the owner or person who possessed the weapon and notice of where the weapon may be recovered, along with the applicable time limit for recovery (Penal Code § 18250; Penal Code § 18255; Penal Code § 33800; Family Code § 6389(c)(2)). 319.9.5 RECORD-KEEPING AND DATA COLLECTION This department shall maintain records of court orders related to domestic violence and the service status of each (Penal Code § 13710), as well as records on the number of domestic violence related calls reported to the Department, including whether weapons were used in the incident or whether the incident involved strangulation or suffocation (Penal Code § 13730). This information is to be reported to the Attorney General monthly. It shall be the responsibility of the Records Supervisor to maintain and report this information as required. 319.9.6 DECLARATION IN SUPPORT OF BAIL INCREASE Any officer who makes a warrantless arrest for a felony or misdemeanor violation of a domestic violence restraining order shall evaluate the totality of the circumstances to determine whether reasonable cause exists to seek an increased bail amount. If there is reasonable cause to believe that the scheduled bail amount is insufficient to assure the arrestee’s appearance or to protect the victim or family member of a victim, the officer shall prepare a declaration in support of increased bail (Penal Code § 1269c). Policy 321 San Luis Obispo Police Department San Luis Obispo PD CA Policy Manual Copyright Lexipol, LLC 2019/01/24, All Rights Reserved. Published with permission by San Luis Obispo Police Department Search and Seizure - 111 Search and Seizure 321.1 PURPOSE AND SCOPE Both the federal and state Constitutions provide every individual with the right to be free from unreasonable searches and seizures. This policy provides general guidelines for San Luis Obispo Police Department personnel to consider when dealing with search and seizure issues. 321.2 POLICY It is the policy of the San Luis Obispo Police Department to respect the fundamental privacy rights of individuals. Members of this department will conduct searches in strict observance of the constitutional rights of persons being searched. All seizures by this department will comply with relevant federal and state law governing the seizure of persons and property. The Department will provide relevant and current training to officers as guidance for the application of current law, local community standards and prosecutorial considerations regarding specific search and seizure situations, as appropriate. 321.3 SEARCHES The U.S. Constitution generally provides that a valid warrant is required in order for a search to be valid. There are, however, several exceptions that permit a warrantless search. Examples of law enforcement activities that are exceptions to the general warrant requirement include, but are not limited to, searches pursuant to the following: •Valid consent •Incident to a lawful arrest •Legitimate community caretaking interests •Vehicle searches under certain circumstances •Exigent circumstances Certain other activities are recognized by federal and state courts and by certain statutes as legitimate law enforcement activities that also do not require a warrant. Such activities may include seizure and examination of abandoned property, and observations of activities and property located on open public areas. Because case law regarding search and seizure is constantly changing and subject to interpretation by the courts, each member of this department is expected to act in each situation according to current training and his/her familiarity with clearly established rights as determined by case law. Whenever practicable, officers are encouraged to contact a supervisor to resolve questions regarding search and seizure issues prior to electing a course of action. San Luis Obispo Police Department San Luis Obispo PD CA Policy Manual Search and Seizure Copyright Lexipol, LLC 2019/01/24, All Rights Reserved. Published with permission by San Luis Obispo Police Department Search and Seizure - 112 321.4 SEARCH PROTOCOL Although conditions will vary and officer safety and other exigencies must be considered in every search situation, the following guidelines should be followed whenever circumstances permit: (a)Members of this department will strive to conduct searches with dignity and courtesy. (b)Officers should explain to the person being searched the reason for the search and how the search will be conducted. (c)Searches should be carried out with due regard and respect for private property interests and in a manner that minimizes damage. Property should be left in a condition as close as reasonably possible to its pre-search condition. (d)In order to minimize the need for forcible entry, an attempt should be made to obtain keys, combinations or access codes when a search of locked property is anticipated. (e)When the person to be searched is of the opposite sex as the searching officer, a reasonable effort should be made to summon an officer of the same sex as the subject to conduct the search. When it is not practicable to summon an officer of the same sex as the subject, the following guidelines should be followed: 1.Another officer or a supervisor should witness the search. 2.The officer should not search areas of the body covered by tight-fitting clothing, sheer clothing or clothing that could not reasonably conceal a weapon. 321.5 DOCUMENTATION Officers are responsible to document any search and to ensure that any required reports are sufficient including, at minimum, documentation of the following: •Reason for the search •Any efforts used to minimize the intrusiveness of any search (e.g., asking for consent or keys) •What, if any, injuries or damage occurred •All steps taken to secure property •The results of the search, including a description of any property or contraband seized •If the person searched is the opposite sex, any efforts to summon an officer of the same sex as the person being searched and the identification of any witness officer Supervisors shall review reports to ensure the reports are accurate, that actions are properly documented and that current legal requirements and department policy have been met. Policy 323 San Luis Obispo Police Department San Luis Obispo PD CA Policy Manual Copyright Lexipol, LLC 2019/01/24, All Rights Reserved. Published with permission by San Luis Obispo Police Department Temporary Custody of Juveniles - 113 Temporary Custody of Juveniles 323.1 PURPOSE AND SCOPE This policy provides guidelines consistent with the Juvenile Justice and Delinquency Prevention Act for juveniles taken into temporary custody by members of the San Luis Obispo Police Department (34 USC § 11133). Guidance regarding contacting juveniles at schools or who may be victims is provided in the Child Abuse Policy. 323.1.1 DEFINITIONS Definitions related to this policy include: Juvenile non-offender - An abused, neglected, dependent, or alien juvenile who may be legally held for his/her own safety or welfare. This also includes any juvenile who may have initially been contacted for an offense that would not subject an adult to arrest (e.g., fine-only offense) but was taken into custody for his/her protection or for purposes of reuniting the juvenile with a parent, guardian, or other responsible person. Juveniles 11 years of age or younger are considered juvenile non-offenders even if they have committed an offense that would subject an adult to arrest. Juvenile offender - A juvenile 12 to 17 years of age who is alleged to have committed an offense that would subject an adult to arrest (a non-status offense) (Penal Code § 602). It also includes an offense under Penal Code § 29610 for underage possession of a handgun or concealable firearm (28 CFR 31.303). Non-secure custody - When a juvenile is held in the presence of an officer or other custody employee at all times and is not placed in a locked room, cell, or behind any locked doors. Juveniles in non-secure custody may be handcuffed but not to a stationary or secure object. Personal supervision, through direct visual monitoring and audio two-way communication is maintained. Monitoring through electronic devices, such as video, does not replace direct visual observation (Welfare and Institutions Code § 207.1(d); 15 CCR 1150). Safety checks - Direct, visual observation personally by a member of this department performed at random intervals within time frames prescribed in this policy to provide for the health and welfare of juveniles in temporary custody. Secure custody - When a juvenile offender is held in a locked room, a set of rooms, or a cell. Secure custody also includes being physically secured to a stationary object (15 CCR 1146). Examples of secure custody include: (a)A juvenile left alone in an unlocked room within the secure perimeter of the adult temporary holding area. (b)A juvenile handcuffed to a rail. (c)A juvenile placed in a room that contains doors with delayed egress devices that have a delay of more than 30 seconds. San Luis Obispo Police Department San Luis Obispo PD CA Policy Manual Temporary Custody of Juveniles Copyright Lexipol, LLC 2019/01/24, All Rights Reserved. Published with permission by San Luis Obispo Police Department Temporary Custody of Juveniles - 114 (d)A juvenile being processed in a secure booking area when a non-secure booking area is available. (e)A juvenile left alone in a secure booking area after being photographed and fingerprinted. (f)A juvenile placed in a cell within the adult temporary holding area, whether or not the cell door is locked. (g)A juvenile placed in a room that is capable of being locked or contains a fixed object designed for cuffing or restricting movement. Sight and sound separation - Located or arranged to prevent physical, visual, or auditory contact. Status offender - A juvenile suspected of committing a criminal violation of the law that would not be a criminal violation but for the age of the offender. Examples may include running away, underage possession of tobacco, curfew violation, and truancy. A juvenile in custody on a court order or warrant based upon a status offense is also a status offender. This includes the habitually disobedient or truant juvenile under Welfare and Institutions Code § 601 and any juvenile suspected of an offense that would not subject an adult to arrest (e.g., fine-only offense). 323.2 POLICY The San Luis Obispo Police Department is committed to releasing juveniles from temporary custody as soon as reasonably practicable and keeping juveniles safe while they are in temporary custody at the San Luis Obispo Police Department. Juveniles should be held in temporary custody only for as long as reasonably necessary for processing, transfer, or release. 323.3 JUVENILES WHO SHOULD NOT BE HELD Juveniles who exhibit any of the following conditions should not be held at the San Luis Obispo Police Department: (a)Unconscious (b)Seriously injured (c)A known suicide risk or obviously severely emotionally disturbed (d)Significantly intoxicated except when approved by the Watch Commander. A medical clearance shall be obtained for minors who are under the influence of drugs, alcohol, or any other intoxicating substance to the extent that they are unable to care for themselves (15 CCR 1151). (e)Extremely violent or continuously violent Officers taking custody of a juvenile who exhibits any of the above conditions should take reasonable steps to provide medical attention or mental health assistance and notify a supervisor of the situation (15 CCR 1142; 15 CCR 1151). These juveniles should not be held at the San Luis Obispo Police Department unless they have been evaluated by a qualified medical and/or mental health professional (15 CCR 1142). San Luis Obispo Police Department San Luis Obispo PD CA Policy Manual Temporary Custody of Juveniles Copyright Lexipol, LLC 2019/01/24, All Rights Reserved. Published with permission by San Luis Obispo Police Department Temporary Custody of Juveniles - 115 If the officer taking custody of the juvenile believes the juvenile may be a suicide risk, the juvenile shall be under continuous direct supervision until evaluation, release, or a transfer is completed (15 CCR 1142). 323.3.1 EMERGENCY MEDICAL CARE OF JUVENILES IN CUSTODY When emergency medical attention is required for a juvenile, medical assistance will be called immediately. The Watch Commander shall be notified of the need for medical attention for the juvenile. Department members should administer first aid as applicable (15 CCR 1142). 323.3.2 SUICIDE PREVENTION OF JUVENILES IN CUSTODY Department members should be alert to potential symptoms based upon exhibited behavior that may indicate the juvenile is a suicide risk. These symptoms may include depression, refusal to communicate, verbally threatening to kill him/herself, or any unusual behavior which may indicate the juvenile may harm him/herself while in either secure or non-secure custody (15 CCR 1142). 323.4 CUSTODY OF JUVENILES Officers should take custody of a juvenile and temporarily hold the juvenile at the San Luis Obispo Police Department when there is no other lawful and practicable alternative to temporary custody. Refer to the Child Abuse Policy for additional information regarding detaining a juvenile that is suspected of being a victim. No juvenile should be held in temporary custody at the San Luis Obispo Police Department without authorization of the arresting officer's supervisor or the Watch Commander. Juveniles taken into custody shall be held in non-secure custody unless otherwise authorized by this policy. Any juvenile taken into custody shall be released to the care of the juvenile’s parent or other responsible adult or transferred to a juvenile custody facility or to other authority as soon as practicable and in no event shall a juvenile be held beyond six hours from the time of his/her entry into the San Luis Obispo Police Department (34 USC § 11133; Welfare and Institutions Code § 207.1(d)). 323.4.1 CUSTODY OF JUVENILE NON-OFFENDERS Non-offenders taken into protective custody in compliance with the Child Abuse Policy should generally not be held at the San Luis Obispo Police Department. Custodial arrangements should be made for non-offenders as soon as reasonably possible. Juvenile non-offenders shall not be held in secure custody (34 USC § 11133; Welfare and Institutions Code § 206). Juveniles 11 years of age or younger who have committed an offense that would subject an adult to arrest may be held in non-secure custody for the offenses listed in Welfare and Institutions Code § 602(b) (murder and the sexual assault offenses) and should be referred to a probation officer for a placement determination. 323.4.2 CUSTODY OF JUVENILE STATUS OFFENDERS Status offenders should generally be released by citation or with a warning rather than taken into temporary custody. However, officers may take custody of a status offender if requested to do San Luis Obispo Police Department San Luis Obispo PD CA Policy Manual Temporary Custody of Juveniles Copyright Lexipol, LLC 2019/01/24, All Rights Reserved. Published with permission by San Luis Obispo Police Department Temporary Custody of Juveniles - 116 so by a parent or legal guardian in order to facilitate reunification (e.g., transported home or to the station to await a parent). Juvenile status offenders shall not be held in secure custody (34 USC § 11133). 323.4.3 CUSTODY OF JUVENILE OFFENDERS Juvenile offenders should be held in non-secure custody while at the San Luis Obispo Police Department unless another form of custody is authorized by this policy or is necessary due to exigent circumstances. Generally, a juvenile offender may be taken into custody when authorized by a court order or when there is probable cause to believe the juvenile has committed an offense that would subject an adult to arrest (Welfare and Institutions Code § 625). A juvenile offender who is 14 years of age or older and suspected of using a firearm in violation of Welfare and Institutions Code § 625.3 shall be transported to a juvenile facility. A juvenile offender suspected of committing murder or a sex offense that may subject a juvenile to criminal jurisdiction under Welfare and Institutions Code § 602(b), or a serious or violent felony should be referred to a probation officer for a decision on further detention. In all other cases the juvenile offender may be: (a)Released upon warning or citation. (b)Released to a parent or other responsible adult after processing at the Department. (c)Referred to a probation officer for a decision regarding whether to transport the juvenile offender to a juvenile facility. (d)Transported to his/her home or to the place where the juvenile offender was taken into custody (Welfare and Institutions Code § 207.2). In determining which disposition is appropriate, the investigating officer or supervisor shall prefer the alternative that least restricts the juvenile’s freedom of movement, provided that alternative is compatible with the best interests of the juvenile and the community (Welfare and Institutions Code § 626). Whenever a juvenile offender under the age of 14 is taken into custody, the officer should take reasonable steps to verify and document the child's ability to differentiate between right and wrong, particularly in relation to the alleged offense (Penal Code § 26). 323.5 ADVISEMENTS Officers shall take immediate steps to notify the juvenile’s parent, guardian, or a responsible relative that the juvenile is in custody, the location where the juvenile is being held, and the intended disposition (Welfare and Institutions Code § 627). Whenever a juvenile is taken into temporary custody, he/she shall be given the Miranda rights advisement regardless of whether questioning is intended (Welfare and Institutions Code § 625). San Luis Obispo Police Department San Luis Obispo PD CA Policy Manual Temporary Custody of Juveniles Copyright Lexipol, LLC 2019/01/24, All Rights Reserved. Published with permission by San Luis Obispo Police Department Temporary Custody of Juveniles - 117 Anytime a juvenile offender is placed in secure custody, he/she shall be informed of the purpose of the secure custody, the length of time the secure custody is expected to last, and of the maximum six-hour limitation (Welfare and Institutions Code § 207.1(d)). Juveniles taken into custody for an offense shall immediately be advised (or at least within one hour from being taken into custody, if possible) that they may make three telephone calls: one call completed to his/her parent or guardian; one to a responsible relative or his/her employer; and another call completed to an attorney. The calls shall be at no expense to the juvenile when completed to telephone numbers within the local calling area. Juveniles should be asked whether they are a caregiver and provided two more phone calls in the same manner as provided to adults in the Temporary Custody of Adults Policy (Welfare and Institutions Code § 627; Penal Code § 851.5). 323.6 JUVENILE CUSTODY LOGS Any time a juvenile is held in custody at the Department, the custody shall be promptly and properly documented in the juvenile custody log, including: (a)Identifying information about the juvenile. (b)Date and time of arrival and release from the San Luis Obispo Police Department (15 CCR 1150). (c)Watch Commander notification and approval to temporarily hold the juvenile. (d)Any charges for which the juvenile is being held and classification of the juvenile as a juvenile offender, status offender, or non-offender. (e)Any changes in status (e.g., emergency situations, unusual incidents). (f)Time of all safety checks. (g)Any medical and other screening requested and completed (15 CCR 1142). (h)Circumstances that justify any secure custody (Welfare and Institutions Code § 207.1(d); 15 CCR 1145). (i)Any other information that may be required by other authorities, such as compliance inspectors or a local juvenile court authority. The Watch Commander shall initial the log to approve the custody, including any secure custody, and shall also initial the log when the juvenile is released. 323.7 NO-CONTACT REQUIREMENTS Sight and sound separation shall be maintained between all juveniles and adults while in custody at the Department (34 USC § 11133; Welfare and Institutions Code § 207.1(d); Welfare and Institutions Code § 208; 15 CCR 1144). There should also be sight and sound separation between non-offenders and juvenile and status offenders. In situations where brief or accidental contact may occur (e.g., during the brief time a juvenile is being fingerprinted and/or photographed in booking), a member of the San Luis Obispo Police San Luis Obispo Police Department San Luis Obispo PD CA Policy Manual Temporary Custody of Juveniles Copyright Lexipol, LLC 2019/01/24, All Rights Reserved. Published with permission by San Luis Obispo Police Department Temporary Custody of Juveniles - 118 Department (trained in the supervision of persons in custody) shall maintain a constant, immediate, side-by-side presence with the juvenile or the adult to minimize any contact. If inadvertent or accidental contact does occur, reasonable efforts shall be taken to end the contact (15 CCR 1144). 323.8 TEMPORARY CUSTODY REQUIREMENTS Members and supervisors assigned to monitor or process any juvenile at the San Luis Obispo Police Department shall ensure the following: (a)The Watch Commander should be notified if it is anticipated that a juvenile may need to remain at the San Luis Obispo Police Department more than four hours. This will enable the Watch Commander to ensure no juvenile is held at the San Luis Obispo Police Department more than six hours. (b)A staff member of the same sex shall supervise personal hygiene activities and care, such as changing clothing or using the restroom, without direct observation to allow for privacy. (c)Personal safety checks and significant incidents/activities shall be noted on the log. (d)Juveniles in custody are informed that they will be monitored at all times, except when using the toilet. 1.There shall be no viewing devices, such as peep holes or mirrors, of which the juvenile is not aware. 2.This does not apply to surreptitious and legally obtained recorded interrogations. (e)Juveniles shall have reasonable access to toilets and wash basins (15 CCR 1143). (f)Food shall be provided if a juvenile has not eaten within the past four hours or is otherwise in need of nourishment, including any special diet required for the health of the juvenile (15 CCR 1143). (g)Juveniles shall have reasonable access to a drinking fountain or water (15 CCR 1143). (h)Juveniles shall have reasonable opportunities to stand and stretch, particularly if handcuffed or restrained in any way. (i)Juveniles shall have privacy during family, guardian, and/or lawyer visits (15 CCR 1143). (j)Juveniles shall be permitted to remain in their personal clothing unless the clothing is taken as evidence or is otherwise unsuitable or inadequate for continued wear while in custody (15 CCR 1143). (k)Blankets shall be provided as reasonably necessary (15 CCR 1143). 1.The supervisor should ensure that there is an adequate supply of clean blankets. (l)Adequate shelter, heat, light, and ventilation should be provided without compromising security or enabling escape. (m)Juveniles shall have adequate furnishings, including suitable chairs or benches. San Luis Obispo Police Department San Luis Obispo PD CA Policy Manual Temporary Custody of Juveniles Copyright Lexipol, LLC 2019/01/24, All Rights Reserved. Published with permission by San Luis Obispo Police Department Temporary Custody of Juveniles - 119 (n)Juveniles shall have the right to the same number of telephone calls as an adult in temporary custody. (o)No discipline may be administered to any juvenile, nor may juveniles be subjected to corporal or unusual punishment, humiliation, or mental abuse (15 CCR 1142). 323.9 USE OF RESTRAINT DEVICES Juvenile offenders may be handcuffed in accordance with the Handcuffing and Restraints Policy. A juvenile offender may be handcuffed at the San Luis Obispo Police Department when the juvenile presents a heightened risk. However, non-offenders and status offenders should not be handcuffed unless they are combative or threatening (15 CCR 1142). Other restraints shall only be used after less restrictive measures have failed and with the approval of the Watch Commander. Restraints shall only be used so long as it reasonably appears necessary for the juvenile's protection or the protection of others (15 CCR 1142). Juveniles in restraints shall be kept away from other unrestrained juveniles or monitored in such a way as to protect the juvenile from abuse (15 CCR 1142). 323.10 PERSONAL PROPERTY The officer taking custody of a juvenile offender or status offender at the San Luis Obispo Police Department shall ensure a thorough search of the juvenile’s property is made and all property is removed from the juvenile, especially those items that could compromise safety, such as pens, pencils, and belts. The personal property of a juvenile should be placed in a property bag. The property should be inventoried in the juvenile’s presence and sealed into the bag. The property should be kept in a monitored or secure location until the juvenile is released from the custody of the San Luis Obispo Police Department. 323.11 SECURE CUSTODY Only juvenile offenders 14 years of age or older may be placed in secure custody (Welfare and Institutions Code § 207; 15 CCR 1145). Watch Commander approval is required before placing a juvenile offender in secure custody. Secure custody should only be used for juvenile offenders when there is a reasonable belief that the juvenile is a serious risk of harm to him/herself or others. Factors to be considered when determining if the juvenile offender presents a serious security risk to him/herself or others include the following (15 CCR 1145): (a)Age, maturity, and delinquent history (b)Severity of offense for which the juvenile was taken into custody (c)The juvenile offender’s behavior (d)Availability of staff to provide adequate supervision or protection of the juvenile offender San Luis Obispo Police Department San Luis Obispo PD CA Policy Manual Temporary Custody of Juveniles Copyright Lexipol, LLC 2019/01/24, All Rights Reserved. Published with permission by San Luis Obispo Police Department Temporary Custody of Juveniles - 120 (e)Age, type, and number of other individuals in custody at the facility Members of this department shall not use secure custody for convenience when non-secure custody is, or later becomes, a reasonable option (15 CCR 1145). When practicable and when no locked enclosure is available, handcuffing one hand of a juvenile offender to a fixed object while otherwise maintaining the juvenile in non-secure custody should be considered as the method of secure custody. An employee must be present at all times to ensure the juvenile’s safety while secured to a stationary object (15 CCR 1148). Juveniles shall not be secured to a stationary object for more than 60 minutes. Supervisor approval is required to secure a juvenile to a stationary object for longer than 60 minutes and every 30 minutes thereafter (15 CCR 1148). Supervisor approval should be documented. The decision for securing a minor to a stationary object for longer than 60 minutes and every 30 minutes thereafter shall be based upon the best interests of the juvenile offender (15 CCR 1148). 323.11.1 LOCKED ENCLOSURES A thorough inspection of the area shall be conducted before placing a juvenile into the enclosure. A second inspection shall be conducted after removing the juvenile. Any damage noted to the room should be photographed and documented in the crime report. The following requirements shall apply to a juvenile offender who is held inside a locked enclosure: (a)The juvenile shall constantly be monitored by an audio/video system during the entire custody. (b)Juveniles shall have constant auditory access to department members (15 CCR 1147). (c)Initial placement into and removal from a locked enclosure shall be logged (Welfare and Institutions Code § 207.1(d)). (d)Unscheduled safety checks to provide for the health and welfare of the juvenile by a staff member, no less than once every 15 minutes, shall occur (15 CCR 1147; 15 CCR 1151). 1.All safety checks shall be logged. 2.The safety check should involve questioning the juvenile as to his/her well-being (sleeping juveniles or apparently sleeping juveniles should be awakened). 3.Requests or concerns of the juvenile should be logged. (e)Males and females shall not be placed in the same locked room (15 CCR 1147). (f)Juvenile offenders should be separated according to severity of the crime (e.g., felony or misdemeanor). (g)Restrained juveniles shall not be mixed in a cell or room with unrestrained juveniles. San Luis Obispo Police Department San Luis Obispo PD CA Policy Manual Temporary Custody of Juveniles Copyright Lexipol, LLC 2019/01/24, All Rights Reserved. Published with permission by San Luis Obispo Police Department Temporary Custody of Juveniles - 121 323.12 SUICIDE ATTEMPT, DEATH, OR SERIOUS INJURY OF A JUVENILE The Watch Commander will ensure procedures are in place to address the suicide attempt, death, or serious injury of any juvenile held at the San Luis Obispo Police Department (15 CCR 1142; 15 CCR 1047). The procedures will address: (a)Immediate notification of the on-duty supervisor, Chief of Police, and Investigation Bureau Supervisor. (b)Notification of the parent, guardian, or person standing in loco parentis of the juvenile. (c)Notification of the appropriate prosecutor. (d)Notification of the City attorney. (e)Notification to the coroner. (f)Notification of the juvenile court. (g)In the case of a death, providing a report to the Attorney General under Government Code § 12525 within 10 calendar days of the death, and forwarding the same report to the Board of State and Community Corrections within the same time frame (15 CCR 1046). (h)A medical and operational review of deaths and suicide attempts pursuant to 15 CCR 1046. (i)Evidence preservation. 323.13 INTERVIEWING OR INTERROGATING JUVENILE SUSPECTS No interview or interrogation of a juvenile should occur unless the juvenile has the apparent capacity to consent, and does consent to an interview or interrogation. Prior to conducting a custodial interrogation, including the waiver of Miranda rights, an officer shall permit a juvenile 15 years of age or younger to consult with legal counsel in person, by telephone, or by video conference. The consultation may not be waived by the juvenile. The requirement to consult with legal counsel does not apply when (Welfare and Institutions Code § 625.6): (a)Information is necessary to protect life or property from an imminent threat. (b)The questions are limited to what is reasonably necessary to obtain the information relating to the threat. 323.13.1 MANDATORY RECORDINGS OF JUVENILES Any interrogation of an individual under 18 years of age who is in custody and suspected of committing murder shall be audio and video recorded when the interview takes place at a department facility, jail, detention facility, or other fixed place of detention. The recording shall include the entire interview and a Miranda advisement preceding the interrogation (Penal Code § 859.5). This recording is not mandatory when (Penal Code § 859.5): (a)Recording is not feasible because of exigent circumstances that are later documented in a report. San Luis Obispo Police Department San Luis Obispo PD CA Policy Manual Temporary Custody of Juveniles Copyright Lexipol, LLC 2019/01/24, All Rights Reserved. Published with permission by San Luis Obispo Police Department Temporary Custody of Juveniles - 122 (b)The individual refuses to have the interrogation recorded, including a refusal any time during the interrogation, and the refusal is documented in a report. If feasible, the refusal shall be electronically recorded. (c)The custodial interrogation occurred in another state by law enforcement officers of that state, unless the interrogation was conducted with the intent to avoid the requirements of Penal Code § 859.5. (d)The interrogation occurs when no member conducting the interrogation has a reason to believe that the individual may have committed murder. Continued custodial interrogation concerning that offense shall be electronically recorded if the interrogating member develops a reason to believe the individual committed murder. (e)The interrogation would disclose the identity of a confidential informant or would jeopardize the safety of an officer, the individual being interrogated, or another individual. Such circumstances shall be documented in a report. (f)A recording device fails despite reasonable maintenance and the timely repair or replacement is not feasible. (g)The questions are part of a routine processing or booking, and are not an interrogation. (h)The suspect is in custody for murder and the interrogation is unrelated to a murder. However, if any information concerning a murder is mentioned during the interrogation, the remainder of the interrogation shall be recorded. These recordings shall be retained until a conviction is final and all direct and habeas corpus appeals are exhausted, a court no longer has any jurisdiction over the individual, or the prosecution for that offense is barred (Penal Code § 859.5; Welfare and Institutions Code § 626.8). 323.14 FORMAL BOOKING No juvenile offender shall be formally booked without the authorization of the arresting officer's supervisor, or in his/her absence, the Watch Commander. Any juvenile 14 years of age or older who is taken into custody for a felony, or any juvenile whose acts amount to a sex crime, shall be booked, fingerprinted, and photographed. For all other acts defined as crimes, juveniles may be booked, fingerprinted or photographed upon the approval from the Watch Commander or Detective Bureau supervisor, giving due consideration to the following: (a)The gravity of the offense (b)The past record of the offender (c)The age of the offender 323.15 RELEASE OF INFORMATION CONCERNING JUVENILES Court decisions and legislation have combined to carefully specify situations in which information may be given out or exchanged when a case involves a juvenile. Members of this department shall not divulge any information regarding juveniles unless they are certain of the legal authority to do so. San Luis Obispo Police Department San Luis Obispo PD CA Policy Manual Temporary Custody of Juveniles Copyright Lexipol, LLC 2019/01/24, All Rights Reserved. Published with permission by San Luis Obispo Police Department Temporary Custody of Juveniles - 123 A copy of the current policy of the juvenile court concerning authorized release of information and appropriate acknowledgment forms shall be kept with copies of this procedure in the San Luis Obispo Police Department Policy Manual. Such releases are authorized by Welfare and Institutions Code § 827. Welfare and Institutions Code § 828 authorizes the release of certain information to other agencies. It shall be the responsibility of the Records Supervisor and the appropriate Detective Bureau supervisors to ensure that personnel of those bureaus act within legal guidelines. 323.16 BOARD OF STATE AND COMMUNITY CORRECTIONS CERTIFICATION The Operations Bureau Commander shall coordinate the procedures related to the custody of juveniles held at the San Luis Obispo Police Department and ensure any required certification is maintained (Welfare and Institution Code § 210.2). 323.17 RELIGIOUS ACCOMMODATION Juveniles have the right to the same religious accommodation as adults in temporary custody (see the Temporary Custody of Adults Policy). Policy 325 San Luis Obispo Police Department San Luis Obispo PD CA Policy Manual Copyright Lexipol, LLC 2019/01/24, All Rights Reserved. Published with permission by San Luis Obispo Police Department Adult Abuse - 124 Adult Abuse 325.1 PURPOSE AND SCOPE This policy provides members of this department with direction and understanding of their role in the prevention, detection and intervention in incidents of adult abuse. It is the policy of the San Luis Obispo Police Department to treat reports of adult abuse as high priority criminal activity that is to be fully investigated regardless of the relationship between the victim and the suspects. 325.1.1 DEFINITIONS Definitions related to this policy include: Adult abuse - Any offense or attempted offense involving violence or neglect of an adult victim when committed by a person responsible for the adult’s care, or any other act that would mandate reporting or notification to a social service agency or law enforcement (Penal Code § 368). Abuse of an elder (age 65 or older) or dependent adult - Physical abuse, neglect, financial abuse, abandonment, isolation, abduction, or other treatment with resulting physical harm or pain or mental suffering; or the deprivation by a care custodian of goods or services that are necessary to avoid physical harm or mental suffering. Neglect includes self-neglect (Welfare and Institutions Code § 15610.07; Penal Code § 368.5). 325.2 MANDATORY NOTIFICATION Any member who has observed or has knowledge of an incident that reasonably appears to be adult abuse, is told by an elder or dependent adult that he/she has experienced abuse or who reasonably suspects abuse, shall report to the county adult protective services agency as soon as practicable as provided in Welfare and Institutions Code § 15630. For purposes of notification, abuse is physical abuse, abandonment, abduction, isolation, financial abuse or neglect. Physical abuse includes any assault or sex crime (Welfare and Institutions Code § 15610.63). Financial abuse includes taking personal or real property by undue influence or intent to defraud (Welfare and Institutions Code § 15610.30). Notification is also made in cases of abandonment, abduction, isolation and neglect (Welfare and Institutions Code § 15610.05; Welfare and Institutions Code § 15610.06; Welfare and Institutions Code § 15610.43; Welfare and Institutions Code § 15610.57). Notification should also be made to the following agencies as soon as practicable or as provided below (Welfare and Institutions Code § 15630): (a)If the abuse is physical abuse and occurred in a long-term care facility (not a state mental health hospital or a state developmental center) notification shall be made as follows (Welfare and Institutions Code § 15630(b)(1)): 1.If there is serious bodily injury, notification shall be made by telephone and, within two hours, a written report shall be made to the local ombudsman and the corresponding licensing agency. San Luis Obispo Police Department San Luis Obispo PD CA Policy Manual Adult Abuse Copyright Lexipol, LLC 2019/01/24, All Rights Reserved. Published with permission by San Luis Obispo Police Department Adult Abuse - 125 2.If there is physical abuse and no serious bodily injury, notification shall be made by telephone and, within 24 hours, a written report shall be made to the local ombudsman and the corresponding licensing agency. 3.If the abuse is allegedly caused by a resident with dementia and there is no serious bodily injury, notification shall be made by telephone and a written report to the local ombudsman within 24 hours. (b)If the abuse is in a long-term care facility (not a state mental health or a state developmental center) and is other than physical abuse, a telephone report and a written report shall be made to the local ombudsman. (c)The State Department of Public Health shall be notified of all known or suspected abuse occurring in a long-term facility. (d)The Bureau of Medi-Cal Fraud and Elder Abuse shall be notified of all abuse that constitutes criminal activity in a long-term care facility. (e)The District Attorney's office shall be notified of all cases of physical abuse and financial abuse in a long-term care facility. (f)If the abuse occurred at a state mental hospital or a state developmental center, notification shall be made to the designated investigators of the State Department of State Hospitals or the State Department of Developmental Services as soon as practicable but no later than two hours after law enforcement becomes aware of the abuse. (g)If the abuse occurred at a residential care facility for the elderly or adult day program, the State Department of Social Services shall be notified. (h)If the abuse occurred in an adult day health care center, the State Department of Public Health and the California Department of Aging shall be notified. Failure to make a report within two working days or as provided is a misdemeanor (Welfare and Institutions Code § 15630(h)). The Detective Bureau supervisor is responsible for ensuring that proper notifications have occurred to the District Attorney's Office and any other regulatory agency that may be applicable based upon where the abuse took place (e.g., care facility, hospital) per Welfare and Institutions Code § 15630(b). 325.2.1 RECORDS UNIT RESPONSIBILITY The Records Bureau is responsible for the following: (a)Provide a copy of the elder/dependent abuse report to Adult Protective Services. This requirement is applicable even if the initial call was received from Adult Protective Services. (b)Retain the original elder/dependent abuse report with the initial case file. San Luis Obispo Police Department San Luis Obispo PD CA Policy Manual Adult Abuse Copyright Lexipol, LLC 2019/01/24, All Rights Reserved. Published with permission by San Luis Obispo Police Department Adult Abuse - 126 325.3 POLICY The San Luis Obispo Police Department will investigate all reported incidents of alleged adult abuse and ensure proper reporting and notification as required by law. 325.4 INVESTIGATIONS AND REPORTING All reported or suspected cases of adult abuse require investigation and a report, even if the allegations appear unfounded or unsubstantiated. Investigations and reports related to suspected cases of adult abuse should address, as applicable: (a)The overall basis for the contact. This should be done by the investigating officer in all circumstances where a suspected adult abuse victim is contacted. (b)Any relevant statements the victim may have made and to whom he/she made the statements. (c)If a person is taken into protective custody, the reasons, the name and title of the person making the decision, and why other alternatives were not appropriate. (d)Documentation of any visible injuries or any injuries identified by the victim. This should include photographs of such injuries, if practicable. (e)Whether the victim was transported for medical treatment or a medical examination. (f)Whether the victim identified a household member as the alleged perpetrator, and a list of the names of any other potential victims or witnesses who may reside in the residence. (g)Identification of any prior related reports or allegations of abuse, including other jurisdictions, as reasonably known. (h)Previous addresses of the victim and suspect. (i)Other potential witnesses who have not yet been interviewed, such as relatives or others close to the victim’s environment. (j)Results of investigations shall be provided to those agencies (Adult Protective Services (APS), long-term ombudsman) that referred or reported the adult abuse (Welfare and Institutions Code § 15640(f)). (k)Whether a death involved the End of Life Option Act: 1.Whether or not assistance was provided to the person beyond that allowed by law (Health and Safety Code § 443.14) 2.Whether an individual knowingly altered or forged a request for an aid-in- dying drug to end a person’s life without his/her authorization, or concealed or destroyed a withdrawal or rescission of a request for an aid-in-dying drug (Health and Safety Code § 443.17) 3.Whether coercion or undue influence was exerted on the person to request or ingest an aid-in-dying drug or to destroy a withdrawal or rescission of a request for such medication (Health and Safety Code § 443.17) San Luis Obispo Police Department San Luis Obispo PD CA Policy Manual Adult Abuse Copyright Lexipol, LLC 2019/01/24, All Rights Reserved. Published with permission by San Luis Obispo Police Department Adult Abuse - 127 4.Whether an aid-in-dying drug was administered to a person without his/her knowledge or consent (Health and Safety Code § 443.17). Any unexplained death of an adult who was in the care of a guardian or caretaker should be considered as potential adult abuse and investigated similarly. 325.5 QUALIFIED INVESTIGATORS Qualified investigators should be available to investigate cases of adult abuse. These investigators should: (a)Conduct interviews in appropriate interview facilities. (b)Be familiar with forensic interview techniques specific to adult abuse investigations. (c)Present all cases of alleged adult abuse to the prosecutor for review. (d)Coordinate with other enforcement agencies, social service agencies and facility administrators as needed. (e)Provide referrals to therapy services, victim advocates, guardians and support for the victim and family as appropriate. (f)Participate in or coordinate with multidisciplinary investigative teams as applicable (Welfare and Institutions Code § 15610.55). 325.6 MANDATORY NOTIFICATION Members of the San Luis Obispo Police Department shall notify the local office of the California Department of Social Services (CDSS) APS agency when they reasonably suspect, have observed, or have knowledge of an incident that reasonably appears to be abuse of an elder (age 65 or older) or dependent adult, or are told by an elder or dependent adult that he/she has experienced abuse (Welfare and Institutions Code § 15630(b)). Notification shall be made by telephone as soon as practicable and a written report shall be provided within two working days as provided in Welfare and Institutions Code § 15630(b)(c)). A dependent adult is an individual, regardless of whether the individual lives independently, between 18 and 64 years of age who has physical or mental limitations that restrict his/her ability to carry out normal activities or to protect his/her rights, including but not limited to persons who have physical or developmental disabilities or whose physical or mental abilities have diminished because of age. This also includes those admitted as inpatients to a 24-hour health facility, as defined in state law (Welfare and Institutions Code § 15610.23). Notification shall also be made to the following agencies as soon as practicable or as provided below (Welfare and Institutions Code § 15630): (a)If the abuse is physical abuse and occurred in a long-term care facility (not a state mental health hospital or a state developmental center) notification shall be made as follows (Welfare and Institutions Code § 15630(b)(1)): San Luis Obispo Police Department San Luis Obispo PD CA Policy Manual Adult Abuse Copyright Lexipol, LLC 2019/01/24, All Rights Reserved. Published with permission by San Luis Obispo Police Department Adult Abuse - 128 1.If there is serious bodily injury, notification shall be made by telephone and, within two hours, a written report shall be made to the local ombudsman and the corresponding licensing agency. 2.If there is physical abuse and no serious bodily injury, notification shall be made by telephone and, within 24 hours, a written report shall be made to the local ombudsman and the corresponding licensing agency. 3.If the abuse is allegedly caused by a resident with dementia and there is no serious bodily injury, notification shall be made by telephone and a written report to the local ombudsman within 24 hours. 4.When a report of abuse is received by the Department, the local ombudsman shall be called to coordinate efforts to provide the most immediate and appropriate response (Welfare and Institutions Code § 15630(b)). (b)If the abuse is in a long-term care facility (not a state mental health or a state developmental center) and is other than physical abuse, a telephone report and a written report shall be made to the local ombudsman as soon as practicable (Welfare and Institutions Code § 15630(b)). (c)The California Department of Public Health (DPH) shall be notified of all known or suspected abuse in a long-term care facility. (d)The SDSS shall be notified of all known or suspected abuse occurring in a residential care facility for the elderly or in an adult day program. (e)If the abuse occurred in an adult day health care center, DPH and the California Department of Aging shall be notified. (f)The Bureau of Medi-Cal Fraud and Elder Abuse shall be notified of all abuse that constitutes criminal activity in a long-term care facility. (g)The District Attorney’s office shall be notified of all cases of physical abuse and financial abuse in a long-term care facility. (h)If the abuse occurred at a state mental hospital or a state developmental center, notification shall be made to the designated investigators of the California Department of State Hospitals or the California Department of Developmental Services as soon as practicable but no later than two hours after law enforcement becomes aware of the abuse (Welfare and Institutions Code § 15630(b)). 1.When a report of abuse is received by the Department, investigation efforts shall be coordinated with the designated investigators of the California Department of State Hospitals or the California Department of Developmental Services (Welfare and Institutions Code § 15630(b)). (i)If during an investigation it is determined that the adult abuse is being committed by a licensed health practitioner as identified in Welfare and Institutions Code § 15640(b), the appropriate licensing agency shall be immediately notified (Welfare and Institutions Code 15640(b)). (j)When the Department receives a report of abuse, neglect or abandonment of an elder or dependent adult alleged to have occurred in a long-term care facility, the licensing San Luis Obispo Police Department San Luis Obispo PD CA Policy Manual Adult Abuse Copyright Lexipol, LLC 2019/01/24, All Rights Reserved. Published with permission by San Luis Obispo Police Department Adult Abuse - 129 agency shall be notified by telephone as soon as practicable (Welfare and Institutions Code § 15640(e)). The Detective Bureau supervisor is responsible for ensuring that proper notifications have occurred to the District Attorney’s Office and any other regulatory agency that may be applicable based upon where the abuse took place (e.g., care facility, hospital) per Welfare and Institutions Code § 15630(b). Notification is not required for a person who was merely present when a person self-administered a prescribed aid-in-dying drug or a person prepared an aid-in-dying drug so long as the person did not assist the individual in ingesting the aid-in-dying drug (Health and Safety Code § 443.14; Health and Safety Code § 443.18). 325.6.1 NOTIFICATION PROCEDURE Notification should include the following information, if known (Welfare and Institutions Code § 15630(e)): (a)The name of the person making the report. (b)The name and age of the elder or dependent adult. (c)The present location of the elder or dependent adult. (d)The names and addresses of family members or any other adult responsible for the care of the elder or dependent adult. (e)The nature and extent of the condition of the elder or dependent adult. (f)The date of incident. (g)Any other information, including information that led the person to suspect elder or dependent adult abuse. 325.7 PROTECTIVE CUSTODY Before taking an adult abuse victim into protective custody when facts indicate the adult may not be able to care for him/herself, the officer should make reasonable attempts to contact APS. Generally, removal of an adult abuse victim from his/her family, guardian or other responsible adult should be left to the welfare authorities when they are present or have become involved in an investigation. Generally, members of this department should remove an adult abuse victim from his/her family or guardian without a court order only when no other effective alternative is reasonably available and immediate action reasonably appears necessary to protect the victim. Prior to taking an adult abuse victim into protective custody, the officer should take reasonable steps to deliver the adult to another qualified legal guardian, unless it reasonably appears that the release would endanger the victim or result in abduction. If this is not a reasonable option, the officer shall ensure that the adult is delivered to APS. San Luis Obispo Police Department San Luis Obispo PD CA Policy Manual Adult Abuse Copyright Lexipol, LLC 2019/01/24, All Rights Reserved. Published with permission by San Luis Obispo Police Department Adult Abuse - 130 Whenever practicable, the officer should inform a supervisor of the circumstances prior to taking an adult abuse victim into protective custody. If prior notification is not practicable, officers should contact a supervisor promptly after taking the adult into protective custody. When adult abuse victims are under state control, have a state-appointed guardian or there are other legal holdings for guardianship, it may be necessary or reasonable to seek a court order on behalf of the adult victim to either remove the adult from a dangerous environment (protective custody) or restrain a person from contact with the adult. 325.7.1 EMERGENCY PROTECTIVE ORDERS In any situation which an officer reasonably believes that an elder or dependent adult is in immediate and present danger of abuse based on an allegation of a recent incident of abuse or threat of abuse (other than financial abuse alone), the officer may seek an emergency protective order against the person alleged to have committed or threatened such abuse (Family Code § 6250(d)). 325.8 INTERVIEWS 325.8.1 PRELIMINARY INTERVIEWS Absent extenuating circumstances or impracticality, officers should audio record the preliminary interview with a suspected adult abuse victim. Officers should avoid multiple interviews with the victim and should attempt to gather only the information necessary to begin an investigation. When practicable, investigating officers should defer interviews until a person who is specially trained in such interviews is available. 325.8.2 DETAINING VICTIMS FOR INTERVIEWS An officer should not detain an adult involuntarily who is suspected of being a victim of abuse solely for the purpose of an interview or physical exam without his/her consent or the consent of a guardian unless one of the following applies: (a)Exigent circumstances exist, such as: 1.A reasonable belief that medical issues of the adult need to be addressed immediately. 2.A reasonable belief that the adult is or will be in danger of harm if the interview or physical exam is not immediately completed. 3.The alleged offender is a family member or guardian and there is reason to believe the adult may be in continued danger. (b)A court order or warrant has been issued. 325.9 MEDICAL EXAMINATIONS When an adult abuse investigation requires a medical examination, the investigating officer should obtain consent for such examination from the victim, guardian, agency or entity having legal custody of the adult. The officer should also arrange for the adult’s transportation to the appropriate medical facility. San Luis Obispo Police Department San Luis Obispo PD CA Policy Manual Adult Abuse Copyright Lexipol, LLC 2019/01/24, All Rights Reserved. Published with permission by San Luis Obispo Police Department Adult Abuse - 131 In cases where the alleged offender is a family member, guardian, agency or entity having legal custody and is refusing to give consent for the medical examination, officers should notify a supervisor before proceeding. If exigent circumstances do not exist or if state law does not provide for officers to take the adult for a medical examination, the supervisor should consider other government agencies or services that may obtain a court order for such an examination. 325.10 DRUG-ENDANGERED VICTIMS A coordinated response by law enforcement and social services agencies is appropriate to meet the immediate and longer-term medical and safety needs of an adult abuse victim who has been exposed to the manufacturing, trafficking or use of narcotics. 325.10.1 OFFICER RESPONSIBILITIES Officers responding to a drug lab or other narcotics crime scene where an adult abuse victim is present or where there is evidence that an adult abuse victim lives should: (a)Document the environmental, medical, social and other conditions of the adult, using photography as appropriate and the checklist or form developed for this purpose. (b)Notify the Detective Bureau supervisor so an interagency response can begin. 325.10.2 SUPERVISOR RESPONSIBILITIES The Detective Bureau supervisor should: (a)Work with professionals from the appropriate agencies, including APS, other law enforcement agencies, medical service providers and local prosecutors, to develop community specific procedures for responding to situations where there are adult abuse victims endangered by exposure to methamphetamine labs or the manufacture and trafficking of other drugs. (b)Activate any available interagency response when an officer notifies the Detective Bureau supervisor that he/she has responded to a drug lab or other narcotics crime scene where an adult abuse victim is present or where evidence indicates that an adult abuse victim lives. (c)Develop a report format or checklist for use when officers respond to drug labs or other narcotics crime scenes. The checklist will help officers document the environmental, medical, social and other conditions that may affect the adult. 325.11 JURISDICTION The San Luis Obispo Police Department has concurrent jurisdiction with state law enforcement agencies when investigating elder and dependent adult abuse and all other crimes against elder victims and victims with disabilities (Penal Code § 368.5). Adult protective services agencies and local long-term care ombudsman programs also have jurisdiction within their statutory authority to investigate elder and dependent adult abuse and criminal neglect and may assist in criminal investigations upon request in such cases. However, this department will retain responsibility for the criminal investigations (Penal Code § 368.5). San Luis Obispo Police Department San Luis Obispo PD CA Policy Manual Adult Abuse Copyright Lexipol, LLC 2019/01/24, All Rights Reserved. Published with permission by San Luis Obispo Police Department Adult Abuse - 132 325.12 RECORDS BUREAU RESPONSIBILITIES The Records Bureau is responsible for: (a)Providing a copy of the adult abuse report to the APS, ombudsman or other agency as applicable within two working days or as required by law (Welfare and Institutions Code § 15630; Welfare and Institutions Code § 15640(c)). (b)Retaining the original adult abuse report with the initial case file. 325.13 RELEVANT STATUTES Penal Code § 368 (c) Any person who knows or reasonably should know that a person is an elder or dependent adult and who, under circumstances or conditions other than those likely to produce great bodily harm or death, willfully causes or permits any elder or dependent adult to suffer, or inflicts thereon unjustifiable physical pain or mental suffering, or having the care or custody of any elder or dependent adult, willfully causes or permits the person or health of the elder or dependent adult to be injured or willfully causes or permits the elder or dependent adult to be placed in a situation in which his or her person or health may be endangered, is guilty of a misdemeanor. Penal Code § 368 (f) (f) A person who commits the false imprisonment of an elder or a dependent adult by the use of violence, menace, fraud, or deceit is punishable by imprisonment pursuant to subdivision (h) of Section 1170 for two, three, or four years. Welfare and Institutions Code § 15610.05 “Abandonment” means the desertion or willful forsaking of an elder or a dependent adult by anyone having care or custody of that person under circumstances in which a reasonable person would continue to provide care and custody. Welfare and Institutions Code § 15610.06 “Abduction” means the removal from this state and the restraint from returning to this state, or the restraint from returning to this state, of any elder or dependent adult who does not have the capacity to consent to the removal from this state and the restraint from returning to this state, or the restraint from returning to this state, as well as the removal from this state or the restraint from returning to this state, of any conservatee without the consent of the conservator or the court. Welfare and Institutions Code § 15610.30 (a) “Financial abuse” of an elder or dependent adult occurs when a person or entity does any of the following: (1) Takes, secretes, appropriates, obtains, or retains real or personal property of an elder or dependent adult for a wrongful use or with intent to defraud, or both. (2) Assists in taking, secreting, appropriating, obtaining, or retaining real or personal property of an elder or dependent adult for a wrongful use or with intent to defraud, or both. San Luis Obispo Police Department San Luis Obispo PD CA Policy Manual Adult Abuse Copyright Lexipol, LLC 2019/01/24, All Rights Reserved. Published with permission by San Luis Obispo Police Department Adult Abuse - 133 (3) Takes, secretes, appropriates, obtains, or retains, or assists in taking, secreting, appropriating, obtaining, or retaining, real or personal property of an elder or dependent adult by undue influence, as defined in Section 15610.70. (b) A person or entity shall be deemed to have taken, secreted, appropriated, obtained, or retained property for a wrongful use if, among other things, the person or entity takes, secretes, appropriates, obtains, or retains the property and the person or entity knew or should have known that this conduct is likely to be harmful to the elder or dependent adult. (c) For purposes of this section, a person or entity takes, secretes, appropriates, obtains, or retains real or personal property when an elder or dependent adult is deprived of any property right, including by means of an agreement, donative transfer, or testamentary bequest, regardless of whether the property is held directly or by a representative of an elder or dependent adult. (d) For purposes of this section, “representative” means a person or entity that is either of the following: (1) A conservator, trustee, or other representative of the estate of an elder or dependent adult. (2) An attorney-in-fact of an elder or dependent adult who acts within the authority of the power of attorney. Welfare and Institutions Code § 15610.43 (a) “Isolation” means any of the following: (1) Acts intentionally committed for the purpose of preventing, and that do serve to prevent, an elder or dependent adult from receiving his or her mail or telephone calls. (2) Telling a caller or prospective visitor that an elder or dependent adult is not present, or does not wish to talk with the caller, or does not wish to meet with the visitor where the statement is false, is contrary to the express wishes of the elder or the dependent adult, whether he or she is competent or not, and is made for the purpose of preventing the elder or dependent adult from having contact with family, friends, or concerned persons. (3) False imprisonment, as defined in Section 236 of the Penal Code. (4) Physical restraint of an elder or dependent adult, for the purpose of preventing the elder or dependent adult from meeting with visitors. (b) The acts set forth in subdivision (a) shall be subject to a rebuttable presumption that they do not constitute isolation if they are performed pursuant to the instructions of a physician and surgeon licensed to practice medicine in the state, who is caring for the elder or dependent adult at the time the instructions are given, and who gives the instructions as part of his or her medical care. (c) The acts set forth in subdivision (a) shall not constitute isolation if they are performed in response to a reasonably perceived threat of danger to property or physical safe Welfare and Institutions Code § 15610.57 (a) “Neglect” means either of the following: San Luis Obispo Police Department San Luis Obispo PD CA Policy Manual Adult Abuse Copyright Lexipol, LLC 2019/01/24, All Rights Reserved. Published with permission by San Luis Obispo Police Department Adult Abuse - 134 (1) The negligent failure of any person having the care or custody of an elder or a dependent adult to exercise that degree of care that a reasonable person in a like position would exercise. (2) The negligent failure of an elder or dependent adult to exercise that degree of self care that a reasonable person in a like position would exercise. (b) Neglect includes, but is not limited to, all of the following: (1) Failure to assist in personal hygiene, or in the provision of food, clothing, or shelter. (2) Failure to provide medical care for physical and mental health needs. No person shall be deemed neglected or abused for the sole reason that he or she voluntarily relies on treatment by spiritual means through prayer alone in lieu of medical treatment. (3) Failure to protect from health and safety hazards. (4) Failure to prevent malnutrition or dehydration. (5) Failure of an elder or dependent adult to satisfy the needs specified in paragraphs (1) to (4), inclusive, for himself or herself as a result of poor cognitive functioning, mental limitation, substance abuse, or chronic poor health. Welfare and Institutions Code § 15610.63 15610.63. “Physical abuse” means any of the following: (a) Assault, as defined in Section 240 of the Penal Code. (b) Battery, as defined in Section 242 of the Penal Code. (c) Assault with a deadly weapon or force likely to produce great bodily injury, as defined in Section 245 of the Penal Code. (d) Unreasonable physical constraint, or prolonged or continual deprivation of food or water. (e) Sexual assault, that means any of the following: (1) Sexual battery, as defined in Section 243.4 of the Penal Code. (2) Rape, as defined in Section 261 of the Penal Code. (3) Rape in concert, as described in Section 264.1 of the Penal Code. (4) Spousal rape, as defined in Section 262 of the Penal Code. (5) Incest, as defined in Section 285 of the Penal Code. (6) Sodomy, as defined in Section 286 of the Penal Code. (7) Oral copulation, as defined in Section 287 or former Section 288a of the Penal Code. (8) Sexual penetration, as defined in Section 289 of the Penal Code. San Luis Obispo Police Department San Luis Obispo PD CA Policy Manual Adult Abuse Copyright Lexipol, LLC 2019/01/24, All Rights Reserved. Published with permission by San Luis Obispo Police Department Adult Abuse - 135 (9) Lewd or lascivious acts as defined in paragraph (2) of subdivision (b) of Section 288 of the Penal Code. (f) Use of a physical or chemical restraint or psychotropic medication under any of the following conditions: (1) For punishment. (2) For a period beyond that for which the medication was ordered pursuant to the instructions of a physician and surgeon licensed in the State of California, who is providing medical care to the elder or dependent adult at the time the instructions are given. (3) For any purpose not authorized by the physician and surgeon. Policy 327 San Luis Obispo Police Department San Luis Obispo PD CA Policy Manual Copyright Lexipol, LLC 2019/01/24, All Rights Reserved. Published with permission by San Luis Obispo Police Department Discriminatory Harassment - 136 Discriminatory Harassment 327.1 PURPOSE AND SCOPE The purpose of this policy is to prevent department members from being subjected to discriminatory harassment, including sexual harassment and retaliation. Nothing in this policy is intended to create a legal or employment right or duty that is not created by law. 327.2 POLICY The San Luis Obispo Police Department is an equal opportunity employer and is committed to creating and maintaining a work environment that is free of all forms of discriminatory harassment, including sexual harassment and retaliation (Government Code § 12940(k); 2 CCR 11023). The Department will not tolerate discrimination against a member in hiring, promotion, discharge, compensation, fringe benefits and other privileges of employment. The Department will take preventive and corrective action to address any behavior that violates this policy or the rights it is designed to protect. The nondiscrimination policies of the Department may be more comprehensive than state or federal law. Conduct that violates this policy may not violate state or federal law but still could subject a member to discipline. 327.2.1 DISCRIMINATION DEFINED Prohibited harassment and discrimination for purposes of this policy, includes but is not limited to: (a)Speech, such as epithets, derogatory comments or slurs, and lewd propositioning on the basis of race, sex, religion, national origin, ancestry, disability, medical condition, marital status, age, or sexual orientation. This includes, without limitation, inappropriate sex-oriented comments on appearance, including dress or physical features, and race-oriented stories or jokes. (b)Physical acts, such as assault, impeding or blocking movement, offensive touching, or any physical interference with normal work or movement when directed at an individual on the basis of race, sex, religion, national origin, ancestry, disability, medical condition, marital status, age or sexual orientation. This includes pinching, grabbing, patting, propositioning, leering, or making explicit or implied threats or promises in return for submission to physical acts. (c)Visual insults, such as derogatory posters, cartoons, or drawings related to race, sex, religion, national origin, ancestry, disability, medical condition, marital status, age or sexual orientation. (d)Unwanted sexual advances, requests for sexual favors and other acts of sexual nature, where submission is made a term or condition of employment, where submission to or rejection of the conduct is used as the basis for employment decisions, or where the conduct is intended to or actually does unreasonably interfere San Luis Obispo Police Department San Luis Obispo PD CA Policy Manual Discriminatory Harassment Copyright Lexipol, LLC 2019/01/24, All Rights Reserved. Published with permission by San Luis Obispo Police Department Discriminatory Harassment - 137 with an individual's work performance or create an intimidating, hostile, or offensive working environment. (e)Adverse employment actions carried out on account of race, sex, religion, national origin, ancestry, disability, medical condition, marital status, age or sexual orientation. (f)Adverse employment actions carried out in retaliation for good faith submission of harassment or discrimination charges, or good faith participation in an investigation made pursuant to this policy. 327.3 DEFINITIONS Definitions related to this policy include: 327.3.1 DISCRIMINATION The Department prohibits all forms of discrimination, including any employment-related action by a member that adversely affects an applicant or member and is based on the actual or perceived race, ethnicity, national origin, religion, sex, sexual orientation, gender identity or expression, age, disability, pregnancy, genetic information, veteran status, marital status and other classifications protected by law. Discriminatory harassment, including sexual harassment, is verbal or physical conduct that demeans or shows hostility or aversion toward an individual based upon that individual’s protected class. It has the effect of interfering with an individual’s work performance or creating a hostile or abusive work environment. Conduct that may, under certain circumstances, constitute discriminatory harassment, can include making derogatory comments, crude and offensive statements or remarks; making slurs or off-color jokes, stereotyping; engaging in threatening acts; making indecent gestures, pictures, cartoons, posters or material; making inappropriate physical contact; or using written material or department equipment and/or systems to transmit or receive offensive material, statements or pictures. Such conduct is contrary to department policy and to a work environment that is free of discrimination. 327.3.2 SEXUAL HARASSMENT The Department prohibits all forms of discrimination and discriminatory harassment, including sexual harassment. It is unlawful to harass an applicant or a member because of that person’s sex. Sexual harassment includes, but is not limited to, unwelcome sexual advances, requests for sexual favors or other verbal, visual or physical conduct of a sexual nature when: (a)Submission to such conduct is made either explicitly or implicitly a term or condition of employment, position or compensation. (b)Submission to, or rejection of, such conduct is used as the basis for any employment decisions affecting the member. San Luis Obispo Police Department San Luis Obispo PD CA Policy Manual Discriminatory Harassment Copyright Lexipol, LLC 2019/01/24, All Rights Reserved. Published with permission by San Luis Obispo Police Department Discriminatory Harassment - 138 (c)Such conduct has the purpose or effect of substantially interfering with a member's work performance or creating an intimidating, hostile, or offensive work environment. 327.3.3 ADDITIONAL CONSIDERATIONS Discrimination and discriminatory harassment do not include actions that are in accordance with established rules, principles or standards, including: (a)Acts or omission of acts based solely upon bona fide occupational qualifications under the Equal Employment Opportunity Commission (EEOC) and the California Fair Employment and Housing Council guidelines. (b)Bona fide requests or demands by a supervisor that a member improve his/her work quality or output, that the member report to the job site on time, that the member comply with City or department rules or regulations, or any other appropriate work- related communication between supervisor and member. 327.3.4 RETALIATION Retaliation is treating a person differently or engaging in acts of reprisal or intimidation against the person because he/she has engaged in protected activity, filed a charge of discrimination, participated in an investigation or opposed a discriminatory practice. Retaliation will not be tolerated. 327.4 RESPONSIBILITIES This policy applies to all department personnel. All members shall follow the intent of these guidelines in a manner that reflects department policy, professional law enforcement standards and the best interest of the Department and its mission. Members are encouraged to promptly report any discriminatory, retaliatory or harassing conduct or known violations of this policy to a supervisor. Any member who is not comfortable with reporting violations of this policy to his/her immediate supervisor may bypass the chain of command and make the report to a higher-ranking supervisor or manager. Complaints may also be filed with the Chief of Police, the Director of Human Services or the City Manager. Any member who believes, in good faith, that he/she has been discriminated against, harassed or subjected to retaliation, or who has observed harassment or discrimination, is encouraged to promptly report such conduct in accordance with the procedures set forth in this policy. Supervisors and managers receiving information regarding alleged violations of this policy shall determine if there is any basis for the allegation and shall proceed with resolution as stated below. 327.4.1 SUPERVISOR RESPONSIBILITIES The responsibilities of each supervisor and manager shall include, but are not limited to: (a)Continually monitoring the work environment and striving to ensure that it is free from all types of unlawful discrimination, including harassment or retaliation. San Luis Obispo Police Department San Luis Obispo PD CA Policy Manual Discriminatory Harassment Copyright Lexipol, LLC 2019/01/24, All Rights Reserved. Published with permission by San Luis Obispo Police Department Discriminatory Harassment - 139 (b)Taking prompt, appropriate action within their work units to avoid and minimize the incidence of any form of discrimination, harassment or retaliation. (c)Ensuring that his/her subordinates understand their responsibilities under this policy. (d)Ensuring that members who make complaints or who oppose any unlawful employment practices are protected from retaliation and that such matters are kept confidential to the extent possible. (e)Making a timely determination regarding the substance of any allegation based upon all available facts. (f)Notifying the Chief of Police or Director of Human Services in writing of the circumstances surrounding any reported allegations or observed acts of discrimination, harassment or retaliation no later than the next business day. 327.4.2 SUPERVISOR’S ROLE Because of differences in individual values, supervisors and managers may find it difficult to recognize that their behavior or the behavior of others is discriminatory, harassing or retaliatory. Supervisors and managers shall be aware of the following considerations: (a)Behavior of supervisors and managers should represent the values of the Department and professional law enforcement standards. (b)False or mistaken accusations of discrimination, harassment or retaliation can have negative effects on the careers of innocent members. Nothing in this section shall be construed to prevent supervisors or managers from discharging supervisory or management responsibilities, such as determining duty assignments, evaluating or counseling members or issuing discipline, in a manner that is consistent with established procedures. 327.4.3 QUESTIONS OR CLARIFICATION Members with questions regarding what constitutes discrimination, sexual harassment or retaliation are encouraged to contact a supervisor, a manager, the Chief of Police, the Director of Human Services, the City Manager or the California Department of Fair Employment and Housing for further information, direction or clarification. 327.5 COMPLAINT PROCEDURE (a)Any employee who feels he/she has been the victim of harassment or discrimination as defined above should contact EITHER his/her supervisor, Department Head or Director of Human Services as soon as possible as time is of the essence in investigating charges of harassment or discrimination. The initial complaint can be oral or written, but a written and signed complaint should be submitted by the complaining employee within five (5) working days of the initial complaint so an investigation can proceed promptly into the matter. The written complaint should cite the specific incident(s) as well as the desired resolution. The Director of Human Services will San Luis Obispo Police Department San Luis Obispo PD CA Policy Manual Discriminatory Harassment Copyright Lexipol, LLC 2019/01/24, All Rights Reserved. Published with permission by San Luis Obispo Police Department Discriminatory Harassment - 140 advise the City Manager of the receipt of all written, harassment or discrimination complaints. (b)Upon receipt of the written complaint, the Department of Human Resources will conduct (or refer to others to conduct) an investigation of the charges, including contacting the person who allegedly engaged in the prohibited behavior, informing him/ her of the basis of the complaint, and providing him/her an opportunity to respond. The Department of Human Resources may attempt an informal resolution of the complaint. The Department of Human Resources may also reject a harassment or discrimination complaint that is incomplete or which fails to contain sufficient information to state a claim of discrimination or harassment covered under this policy. (c)All City employees must cooperate fully, and be truthful and forthright when providing information in response to a City investigation under this policy. (d)The Department of Human Resources shall notify the complainant(s) and respondent(s), Department Head, the City Administrative Officer, and other appropriate persons, regarding the disposition of complaints made pursuant to this policy. (e)The City may take lawful measures to assure appropriate confidentiality during the investigation and related time periods. 327.5.1 SUPERVISORY RESOLUTION Members who believe they are experiencing discrimination, harassment or retaliation should be encouraged to inform the individual that his/her behavior is unwelcome, offensive, unprofessional or inappropriate. However, if the member feels uncomfortable or threatened or has difficulty expressing his/her concern, or if this does not resolve the concern, assistance should be sought from a supervisor or manager who is a rank higher than the alleged transgressor. 327.5.2 FORMAL INVESTIGATION If the complaint cannot be satisfactorily resolved through the process described above, a formal investigation will be conducted. The person assigned to investigate the complaint will have full authority to investigate all aspects of the complaint. Investigative authority includes access to records and the cooperation of any members involved. No influence will be used to suppress any complaint and no member will be subject to retaliation or reprisal for filing a complaint, encouraging others to file a complaint or for offering testimony or evidence in any investigation. Formal investigation of the complaint will be confidential to the extent possible and will include, but is not limited to, details of the specific incident, frequency and dates of occurrences and names of any witnesses. Witnesses will be advised regarding the prohibition against retaliation, and that a disciplinary process, up to and including termination, may result if retaliation occurs. San Luis Obispo Police Department San Luis Obispo PD CA Policy Manual Discriminatory Harassment Copyright Lexipol, LLC 2019/01/24, All Rights Reserved. Published with permission by San Luis Obispo Police Department Discriminatory Harassment - 141 Members who believe they have been discriminated against, harassed or retaliated against because of their protected status, are encouraged to follow the chain of command but may also file a complaint directly with the Chief of Police, Director of Human Services or the City Manager. 327.5.3 ALTERNATIVE COMPLAINT PROCESS No provision of this policy shall be construed to prevent any member from seeking legal redress outside the Department. Members who believe that they have been harassed, discriminated or retaliated against are entitled to bring complaints of employment discrimination to federal, state and/or local agencies responsible for investigating such allegations. Specific time limitations apply to the filing of such charges. Members are advised that proceeding with complaints under the provisions of this policy does not in any way affect those filing requirements. 327.5.4 APPEAL (a)Disciplinary action taken under this procedure may be appealed with or without representation subject to appeal or grievance procedures indicated in the appropriate Memorandum of Agreement or Personnel Rules and Regulations. (b)If the employee who submitted the complaint is not satisfied with the disposition of the investigation, he or she may submit an appeal to the City Manager within ten (10) calendar days from receipt of the conclusion of the Director of Human Services. The appeal shall be in writing, verified under penalty of perjury, and contain an explanation why the complainant believes the pending disposition is incorrect. Failure to appeal within the ten day period means that the earlier disposition is final. The City Manager (or his/her designee) shall respond in writing after considering the appeal. (c)Complainants may appeal the City Manager's disposition of the investigation to the Personnel Board within ten (10) calendar days from receipt of the conclusion of the City Manager (or his/her designee). Failure to appeal within the ten day period means that the City Manager's disposition is final. 327.5.5 EQUAL OPPORTUNITY EMPLOYMENT COMPLAINTS No provision of this policy shall be construed to prevent any employee from seeking legal redress outside the Department. Employees who believe that they have been harassed or discriminated against are entitled to bring complaints of employment discrimination to federal, state and/or local agencies responsible for investigating such allegations. Specific time limitations apply to the filing of such charges. Employees are advised that proceeding with complaints under the provisions of this policy does not in any way affect those filing requirements. 327.6 DOCUMENTATION OF COMPLAINTS All complaints or allegations shall be thoroughly documented on forms and in a manner designated by the Chief of Police. The outcome of all reports shall be: •Approved by the Chief of Police, the City Manager or the Director of Human Services, depending on the ranks of the involved parties. San Luis Obispo Police Department San Luis Obispo PD CA Policy Manual Discriminatory Harassment Copyright Lexipol, LLC 2019/01/24, All Rights Reserved. Published with permission by San Luis Obispo Police Department Discriminatory Harassment - 142 •Maintained in accordance with the department's established records retention schedule. 327.6.1 NOTIFICATION OF DISPOSITION The complainant and/or victim will be notified in writing of the disposition of the investigation and the actions taken to remedy or address the circumstances giving rise to the complaint. 327.7 TRAINING All new members shall be provided with a copy of this policy as part of their orientation. The policy shall be reviewed with each new member. The member shall certify by signing the prescribed form that he/she has been advised of this policy, is aware of and understands its contents and agrees to abide by its provisions during his/her term with the Department. All members shall receive annual training on the requirements of this policy and shall certify by signing the prescribed form that they have reviewed the policy, understand its contents and agree that they will continue to abide by its provisions. 327.7.1 SUPERVISOR TRAINING All supervisors shall receive specific training and education regarding sexual harassment, prevention of abusive conduct and harassment based on gender identity, gender expression and sexual orientation within six months of assuming a supervisory position. Refresher training shall be provided every two years thereafter (Government Code § 12950.1; 2 CCR 11024). 327.7.2 TRAINING RECORDS The Training Manager shall be responsible for maintaining records of all discriminatory harassment training provided to members. Records shall be retained in accordance with established records retention schedules and for a minimum of two years (2 CCR 11024). 327.8 REQUIRED POSTERS The Department shall display the required posters regarding discrimination, harassment and transgender rights in a prominent and accessible location for members (Government Code § 12950). 327.9 WORKING CONDITIONS The Administration Bureau Commander or the authorized designee should be responsible for reviewing facility design and working conditions for discriminatory practices. This person should collaborate with other City employees who are similarly tasked (2 CCR 11034). Policy 329 San Luis Obispo Police Department San Luis Obispo PD CA Policy Manual Copyright Lexipol, LLC 2019/01/24, All Rights Reserved. Published with permission by San Luis Obispo Police Department Child Abuse - 143 Child Abuse 329.1 PURPOSE AND SCOPE The purpose of this policy is to provide guidelines for the investigation of suspected child abuse. This policy also addresses when San Luis Obispo Police Department members are required to notify the county Child Protective Services (CPS) of suspected child abuse. 329.1.1 DEFINITIONS Definitions related to this policy include: Child - Unless otherwise specified by a cited statute, a child is any person under the age of 18 years. Child abuse - Any offense or attempted offense involving violence or neglect with a child victim when committed by a person responsible for the child’s care or any other act that would mandate notification to a social service agency or law enforcement (Penal Code § 11165.9; Penal Code § 11166). 329.2 POLICY The San Luis Obispo Police Department will investigate all reported incidents of alleged criminal child abuse and ensure CPS is notified as required by law. 329.3 MANDATORY NOTIFICATION The child protection agency shall be notified when (Penal Code § 11166): (a)There is a known or suspected instance of child abuse or neglect reported, which is alleged to have occurred as a result of the action of a person responsible for the child's welfare, or (b)A person responsible for the child's welfare fails to adequately protect the child from abuse when the person knew or reasonably should have known that the child was in danger of abuse. The District Attorney’s office shall be notified in all instances of known or suspected child abuse or neglect reported to this department. Reports only involving neglect by a person, who has the care or custody of a child, to provide adequate food, clothing, shelter, medical care or supervision where no physical injury to the child has occurred should not be reported to the District Attorney (Penal Code § 11166). When the abuse or neglect occurs at a licensed facility or is alleged to have resulted from the actions of a person who is required to have a state license (e.g., foster homes, group homes, day care), notification shall also be made to the California Department of Social Services or other applicable licensing authority (Penal Code 11166.1; Penal Code 11166.2). San Luis Obispo Police Department San Luis Obispo PD CA Policy Manual Child Abuse Copyright Lexipol, LLC 2019/01/24, All Rights Reserved. Published with permission by San Luis Obispo Police Department Child Abuse - 144 For purposes of notification, the abuse or neglect includes physical injury or death inflicted by other than accidental means upon a child by another person; sexual abuse (Penal Code § 11165.1); neglect (Penal Code § 11165.2); the willful harming or injuring of a child or the endangering of the person or health of a child (Penal Code § 11165.3); and unlawful corporal punishment or injury (Penal Code § 11165.4). Child abuse or neglect does not include a mutual affray between minors, nor does it include an injury caused by the reasonable and necessary force used by a peace officer acting within the course and scope of his/her employment as a peace officer. 329.3.1 NOTIFICATION PROCEDURE Notification should occur as follows (Penal Code § 11166): (a) Notification shall be made immediately, or as soon as practicable, by telephone, fax or electronic transmission. (b) A written follow-up report should be forwarded within 36 hours of receiving the information concerning the incident. 329.4 QUALIFIED INVESTIGATORS Qualified investigators should be available for child abuse investigations. These investigators should: (a) (b) (c) (d) (e) (f) Participate in or coordinate with multidisciplinary investigative teams as applicable (Welfare and Institutions Code § 18961.7). 329.5 INVESTIGATIONS AND REPORTING In all reported or suspected cases of child abuse, a report will be written. Officers shall write a report even if the allegations appear unfounded or unsubstantiated. Investigations and reports related to suspected cases of child abuse should address, as applicable: (a) (b) San Luis Obispo Police Department San Luis Obispo PD CA Policy Manual Child Abuse Copyright Lexipol, LLC 2019/01/24, All Rights Reserved. Published with permission by San Luis Obispo Police Department Child Abuse - 145 (c) (d) (e) (f) (g) (h) (i) (j) All cases of the unexplained death of a child should be investigated as thoroughly as if it had been a case of suspected child abuse (e.g., a sudden or unexplained death of an infant). 329.5.1 EXTRA JURISDICTIONAL REPORTS If a report of known or suspected child abuse or neglect that is alleged to have occurred outside this jurisdiction is received, department members shall ensure that the caller is immediately transferred to the agency with proper jurisdiction for the investigation of the case. If the caller cannot be successfully transferred to the appropriate agency, a report shall be taken and immediately referred by telephone, fax or electronic transfer to the agency with proper jurisdiction (Penal Code 11165.9). 329.6 PROTECTIVE CUSTODY Before taking any child into protective custody, the officer should make reasonable attempts to contact CPS. Generally, removal of a child from his/her family, guardian or other responsible adult should be left to the child welfare authorities when they are present or have become involved in an investigation. Generally, members of this department should remove a child from his/her parent or guardian without a court order only when no other effective alternative is reasonably available and immediate action reasonably appears necessary to protect the child. Prior to taking a child into protective custody, the officer should take reasonable steps to deliver the child to another qualified parent or legal guardian, unless it reasonably appears that the release would endanger the child or result in abduction. If this is not a reasonable option, the officer shall ensure that the child is delivered to CPS. San Luis Obispo Police Department San Luis Obispo PD CA Policy Manual Child Abuse Copyright Lexipol, LLC 2019/01/24, All Rights Reserved. Published with permission by San Luis Obispo Police Department Child Abuse - 146 Whenever practicable, the officer should inform a supervisor of the circumstances prior to taking a child into protective custody. If prior notification is not practicable, officers should contact a supervisor promptly after taking a child into protective custody. Children may only be removed from a parent or guardian in the following situations when a court order cannot reasonably be obtained in a timely manner (Welfare and Institutions Code § 305): (a)The officer reasonably believes the child is a person described in Welfare and Institutions Code § 300, or a commercially exploited child under Penal Code § 647 and Penal Code § 653.22, and further has good cause to believe that any of the following conditions exist: 1.The child has an immediate need for medical care. 2.The child is in immediate danger of physical or sexual abuse. 3.The physical environment or the fact that the child is left unattended poses an immediate threat to the child’s health or safety. In the case of a child left unattended, the officer shall first attempt to locate and determine if a responsible parent or guardian is available and capable of assuming custody before taking the child into protective custody. (b)The officer reasonably believes the child requires protective custody under the provisions of Penal Code § 279.6, in one of the following circumstances: 1.It reasonably appears to the officer that a person is likely to conceal the child, flee the jurisdiction with the child or, by flight or concealment, evade the authority of the court. 2.There is no lawful custodian available to take custody of the child. 3.There are conflicting custody orders or conflicting claims to custody and the parties cannot agree which party should take custody of the child. 4.The child is an abducted child. (c)The child is in the company of, or under the control of, a person arrested for Penal Code § 278 (Detainment or concealment of child from legal custodian) or Penal Code § 278.5 (Deprivation of custody of a child or right to visitation) (Penal Code § 279.6). A child taken into protective custody shall be delivered to CPS unless otherwise directed by court order. 329.6.1 CALIFORNIA SAFELY SURRENDERED BABY LAW An individual having lawful custody of an infant less than 72 hours old is not guilty of abandonment if the individual voluntarily surrenders physical custody of the infant to personnel on-duty at a safe- surrender site, such as a hospital or fire department (Penal Code § 271.5). The law requires the surrender site to notify CPS. San Luis Obispo Police Department San Luis Obispo PD CA Policy Manual Child Abuse Copyright Lexipol, LLC 2019/01/24, All Rights Reserved. Published with permission by San Luis Obispo Police Department Child Abuse - 147 329.6.2 NEWBORNS TESTING POSITIVE FOR DRUGS Under certain circumstances, officers can be prohibited from taking a newborn who is the subject of a proposed adoption into protective custody, even when the newborn has tested positive for illegal drugs or the birth mother tested positive for illegal drugs. Officers shall instead follow the provisions of Welfare and Institutions Code § 305.6 to ensure that the newborn is placed with the adoptive parents when it is appropriate. 329.7 INTERVIEWS 329.7.1 PRELIMINARY INTERVIEWS Absent extenuating circumstances or impracticality, officers should record the preliminary interview with suspected child abuse victims. Officers should avoid multiple interviews with a child victim and should attempt to gather only the information necessary to begin an investigation. When practicable, investigating officers should defer interviews until a person who is specially trained in such interviews is available. Generally, child victims should not be interviewed in the home or location where the alleged abuse occurred. 329.7.2 DETAINING SUSPECTED CHILD ABUSE VICTIMS FOR AN INTERVIEW An officer should not detain a child involuntarily who is suspected of being a victim of child abuse solely for the purpose of an interview or physical exam without the consent of a parent or guardian unless one of the following applies: (a) 1. 2. 3. (b) 329.7.3 INTERVIEWS AT A SCHOOL Any student at school who is a suspected victim of child abuse shall be afforded the option of being interviewed in private or selecting any qualified available adult member of the school staff to be present. The purpose of the staff member’s presence is to provide comfort and support. The staff member shall not participate in the interview. The selection of a staff member should be such that it does not burden the school with costs or hardship (Penal Code § 11174.3). 329.8 MEDICAL EXAMINATIONS If the child has been the victim of abuse that requires a medical examination, the investigating officer should obtain consent for such examination from the appropriate parent, guardian or agency San Luis Obispo Police Department San Luis Obispo PD CA Policy Manual Child Abuse Copyright Lexipol, LLC 2019/01/24, All Rights Reserved. Published with permission by San Luis Obispo Police Department Child Abuse - 148 having legal custody of the child. The officer should also arrange for the child’s transportation to the appropriate medical facility. In cases where the alleged offender is the custodial parent or guardian and is refusing consent for the medical examination, officers should notify a supervisor before proceeding. If exigent circumstances do not exist or if state law does not provide for officers to take the child for a medical examination, the notified supervisor should consider obtaining a court order for such an examination. 329.9 DRUG-ENDANGERED CHILDREN A coordinated response by law enforcement and social services agencies is appropriate to meet the immediate and longer-term medical and safety needs of children exposed to the manufacturing, trafficking or use of narcotics. 329.9.1 SUPERVISOR RESPONSIBILITIES The Detective Bureau supervisor should: (a)Work with professionals from the appropriate agencies, including CPS, other law enforcement agencies, medical service providers and local prosecutors to develop community specific procedures for responding to situations where there are children endangered by exposure to methamphetamine labs or the manufacture and trafficking of other drugs. (b)Activate any available interagency response when an officer notifies the Detective Bureau supervisor that the officer has responded to a drug lab or other narcotics crime scene where a child is present or where evidence indicates that a child lives there. (c)Develop a report format or checklist for use when officers respond to drug labs or other narcotics crime scenes. The checklist will help officers document the environmental, medical, social and other conditions that may affect the child. 329.9.2 OFFICER RESPONSIBILITIES Officers responding to a drug lab or other narcotics crime scene where a child is present or where there is evidence that a child lives should: (a)Document the environmental, medical, social and other conditions of the child using photography as appropriate and the checklist or form developed for this purpose. (b)Notify the Detective Bureau supervisor so an interagency response can begin. 329.10 STATE MANDATES AND OTHER RELEVANT LAWS California requires or permits the following: San Luis Obispo Police Department San Luis Obispo PD CA Policy Manual Child Abuse Copyright Lexipol, LLC 2019/01/24, All Rights Reserved. Published with permission by San Luis Obispo Police Department Child Abuse - 149 329.10.1 RELEASE OF REPORTS Information related to incidents of child abuse or suspected child abuse shall be confidential and may only be disclosed pursuant to state law and the Records Maintenance and Release Policy (Penal Code 841.5; Penal Code § 11167.5). 329.10.2 REQUESTS FOR REMOVAL FROM THE CHILD ABUSE CENTRAL INDEX (CACI) Any person whose name has been forwarded to the California Department of Justice (DOJ) for placement in California’s CACI, as a result of an investigation, may request that his/her name be removed from the CACI list. Requests shall not qualify for consideration if there is an active case, ongoing investigation or pending prosecution that precipitated the entry to CACI (Penal Code § 11169). All requests for removal shall be submitted in writing by the requesting person and promptly routed to the CACI hearing officer. 329.10.3 CACI HEARING OFFICER The Detective Bureau supervisor will normally serve as the hearing officer but must not be actively connected with the case that resulted in the person’s name being submitted to CACI. Upon receiving a qualified request for removal, the hearing officer shall promptly schedule a hearing to take place during normal business hours and provide written notification of the time and place of the hearing to the requesting party. 329.10.4 CACI HEARING PROCEDURES The hearing is an informal process where the person requesting removal from the CACI list will be permitted to present relevant evidence (e.g., certified copy of an acquittal, factual finding of innocence) as to why his/her name should be removed. The person requesting the hearing may record the hearing at his/her own expense. Formal rules of evidence will not apply and the hearing officer may consider, in addition to evidence submitted by the person requesting the hearing, any relevant information including, but not limited to, the following: (a)Case reports including any supplemental reports (b)Statements by investigators (c)Statements from representatives of the District Attorney’s Office (d)Statements by representatives of a child protective agency who may be familiar with the case After considering all information presented, the hearing officer shall make a determination as to whether the requesting party’s name should be removed from the CACI list. Such determination shall be based on a finding that the allegations in the investigation are not substantiated (Penal Code § 11169). If, after considering the evidence, the hearing officer finds that the allegations are not substantiated, he/she shall cause a request to be completed and forwarded to the DOJ that the San Luis Obispo Police Department San Luis Obispo PD CA Policy Manual Child Abuse Copyright Lexipol, LLC 2019/01/24, All Rights Reserved. Published with permission by San Luis Obispo Police Department Child Abuse - 150 person’s name be removed from the CACI list. A copy of the hearing results and the request for removal will be attached to the case reports. The findings of the hearing officer shall be considered final and binding. 329.10.5 CHILD DEATH REVIEW TEAM This department should cooperate with any interagency child death review team investigation. Written and oral information relating to the death of a child that would otherwise be subject to release restrictions may be disclosed to the child death review team upon written request and approval of a supervisor (Penal Code § 11174.32). 329.11 TRAINING The Department should provide training on best practices in child abuse investigations to members tasked with investigating these cases. The training should include: (a)Participating in multidisciplinary investigations, as appropriate. (b)Conducting forensic interviews. (c)Availability of therapy services for children and families. (d)Availability of specialized forensic medical exams. (e)Cultural competence (including interpretive services) related to child abuse investigations. (f)Availability of victim advocate or guardian ad litem support. Policy 331 San Luis Obispo Police Department San Luis Obispo PD CA Policy Manual Copyright Lexipol, LLC 2019/01/24, All Rights Reserved. Published with permission by San Luis Obispo Police Department Missing Persons - 151 Missing Persons 331.1 PURPOSE AND SCOPE This policy provides guidance for handling missing person investigations. 331.1.1 DEFINITIONS At risk - Includes, but is not limited to (Penal Code § 14215): •A victim of a crime or foul play. •A person missing and in need of medical attention. •A missing person with no pattern of running away or disappearing. •A missing person who may be the victim of parental abduction. •A mentally impaired missing person, including cognitively impaired or developmentally disabled. Missing person - Any person who is reported missing to law enforcement when the person’s location is unknown. This includes a child who has been taken, detained, concealed, enticed away or kept by a parent in violation of the law (Penal Code § 277 et seq.). It also includes any child who is missing voluntarily, involuntarily or under circumstances that do not conform to his/her ordinary habits or behavior, and who may be in need of assistance (Penal Code § 14215). Missing person networks - Databases or computer networks available to law enforcement and that are suitable for information related to missing persons investigations. These include the National Crime Information Center (NCIC), the California Law Enforcement Telecommunications System (CLETS), Missing Person System (MPS) and the Unidentified Persons System (UPS). 331.2 POLICY The San Luis Obispo Police Department does not consider any report of a missing person to be routine and assumes that the missing person is in need of immediate assistance until an investigation reveals otherwise. The San Luis Obispo Police Department gives missing person cases priority over property-related cases and will not require any time frame to pass before beginning a missing person investigation (Penal Code § 14211). 331.3 REQUIRED FORMS AND BIOLOGICAL SAMPLE COLLECTION KITS The Investigation supervisor should ensure the forms and kits are developed and available in accordance with this policy, state law, federal law and the California Peace Officer Standards and Training (POST) Missing Persons Investigations guidelines, including: •Department report form for use in missing person cases •Missing person investigation checklist that provides investigation guidelines and resources that could be helpful in the early hours of a missing person investigation (Penal Code § 13519.07) San Luis Obispo Police Department San Luis Obispo PD CA Policy Manual Missing Persons Copyright Lexipol, LLC 2019/01/24, All Rights Reserved. Published with permission by San Luis Obispo Police Department Missing Persons - 152 •Missing person school notification form •Medical records release form from the California Department of Justice •California DOJ missing person forms as appropriate •Biological sample collection kits 331.4 ACCEPTANCE OF REPORTS Any member encountering a person who wishes to report a missing person or runaway shall render assistance without delay (Penal Code § 14211). This can be accomplished by accepting the report via telephone or in-person and initiating the investigation. Those members who do not take such reports or who are unable to render immediate assistance shall promptly dispatch or alert a member who can take the report. A report shall be accepted in all cases and regardless of where the person was last seen, where the person resides or any other question of jurisdiction (Penal Code § 14211). 331.5 INITIAL INVESTIGATION Officers or other members conducting the initial investigation of a missing person should take the following investigative actions, as applicable: (a)Respond to a dispatched call for service as soon as practicable. (b)Interview the reporting party and any witnesses to determine whether the person qualifies as a missing person and, if so, whether the person may be at risk. (c)Notify a supervisor immediately if there is evidence that a missing person is either at risk or may qualify for a public alert, or both (see the Public Alerts Policy). (d)Broadcast a "Be on the Look-Out" (BOLO) bulletin if the person is under 21 years of age or there is evidence that the missing person is at risk. The BOLO should be broadcast as soon as practicable but in no event more than one hour after determining the missing person is under 21 years of age or may be at risk (Penal Code § 14211). (e)Ensure that entries are made into the appropriate missing person networks as follows: 1.Immediately, when the missing person is at risk. 2.In all other cases, as soon as practicable, but not later than two hours from the time of the initial report. (f)Complete the appropriate report forms accurately and completely and initiate a search as applicable under the facts. (g)Collect and/or review: 1.A photograph and a fingerprint card of the missing person, if available. 2.A voluntarily provided biological sample of the missing person, if available (e.g., toothbrush, hairbrush). San Luis Obispo Police Department San Luis Obispo PD CA Policy Manual Missing Persons Copyright Lexipol, LLC 2019/01/24, All Rights Reserved. Published with permission by San Luis Obispo Police Department Missing Persons - 153 3.Any documents that may assist in the investigation, such as court orders regarding custody. 4.Any other evidence that may assist in the investigation, including personal electronic devices (e.g., cell phones, computers). (h)When circumstances permit and if appropriate, attempt to determine the missing person’s location through his/her telecommunications carrier. (i)Contact the appropriate agency if the report relates to a previously made missing person report and another agency is actively investigating that report. When this is not practical, the information should be documented in an appropriate report for transmission to the appropriate agency. If the information relates to an at-risk missing person, the member should notify a supervisor and proceed with reasonable steps to locate the missing person. 331.6 REPORT PROCEDURES AND ROUTING Employees should complete all missing person reports and forms promptly and advise the appropriate supervisor as soon as a missing person report is ready for review. 331.6.1 SUPERVISOR RESPONSIBILITIES The responsibilities of the supervisor shall include, but are not limited to: (a)Reviewing and approving missing person reports upon receipt. 1.The reports should be promptly sent to the Records Bureau. (b)Ensuring resources are deployed as appropriate. (c)Initiating a command post as needed. (d)Ensuring applicable notifications and public alerts are made and documented. (e)Ensuring that records have been entered into the appropriate missing persons networks. (f)Taking reasonable steps to identify and address any jurisdictional issues to ensure cooperation among agencies. If the case falls within the jurisdiction of another agency, the supervisor should facilitate transfer of the case to the agency of jurisdiction. 331.6.2 RECORDS BUREAU RESPONSIBILITIES The receiving member shall: (a)As soon as reasonable under the circumstances, notify and forward a copy of the report to the law enforcement agency having jurisdiction over the missing person’s residence in cases where the missing person is a resident of another jurisdiction (Penal Code § 14211). San Luis Obispo Police Department San Luis Obispo PD CA Policy Manual Missing Persons Copyright Lexipol, LLC 2019/01/24, All Rights Reserved. Published with permission by San Luis Obispo Police Department Missing Persons - 154 (b)Notify and forward a copy of the report to the law enforcement agency in whose jurisdiction the missing person was last seen (Penal Code § 14211). (c)Notify and forward a copy of the report to the law enforcement agency having jurisdiction over the missing person’s intended or possible destination, if known. (d)Forward a copy of the report to the Detective Bureau. (e)Coordinate with the NCIC Terminal Contractor for California to have the missing person record in the NCIC computer networks updated with additional information obtained from missing person investigations (34 USC § 41308). 331.7 DETECTIVE BUREAU FOLLOW-UP In addition to completing or continuing any actions listed above, the investigator assigned to a missing person investigation: (a)Shall ensure that the missing person’s school is notified within 10 days if the missing person is a juvenile. 1.The notice shall be in writing and should also include a photograph (Education Code § 49068.6). 2.The investigator should meet with school officials regarding the notice as appropriate to stress the importance of including the notice in the child’s student file, along with contact information if the school receives a call requesting the transfer of the missing child’s files to another school. (b)Should recontact the reporting person and/or other witnesses within 30 days of the initial report and within 30 days thereafter to determine if any additional information has become available via the reporting party. (c)Should consider contacting other agencies involved in the case to determine if any additional information is available. (d)Shall verify and update CLETS, NCIC and any other applicable missing person networks within 30 days of the original entry into the networks and every 30 days thereafter until the missing person is located (34 USC § 41308). (e)Should continue to make reasonable efforts to locate the missing person and document these efforts at least every 30 days. (f)Shall maintain a close liaison with state and local child welfare systems and the National Center for Missing and Exploited Children® (NCMEC) if the missing person is under the age of 21 and shall promptly notify NCMEC when the person is missing from a foster care family home or childcare institution (34 USC § 41308). (g)Should make appropriate inquiry with the Coroner. (h)Should obtain and forward medical and dental records, photos, X-rays and biological samples pursuant to Penal Code § 14212 and Penal Code § 14250. (i)Shall attempt to obtain the most recent photograph for persons under 18 years of age if it has not previously been obtained and forward the photograph to California DOJ (Penal Code § 14210) and enter the photograph into applicable missing person networks (34 USC § 41308). San Luis Obispo Police Department San Luis Obispo PD CA Policy Manual Missing Persons Copyright Lexipol, LLC 2019/01/24, All Rights Reserved. Published with permission by San Luis Obispo Police Department Missing Persons - 155 (j)Should consider making appropriate entries and searches in the National Missing and Unidentified Persons System (NamUs). (k)In the case of an at-risk missing person or a person who has been missing for an extended time, should consult with a supervisor regarding seeking federal assistance from the FBI and the U.S. Marshals Service (28 USC § 586). 331.8 WHEN A MISSING PERSON IS FOUND When any person reported missing is found, the assigned investigator shall document the location of the missing person in the appropriate report, notify the relatives and/or reporting party, as appropriate, and other involved agencies and refer the case for additional investigation if warranted. The Records Supervisor shall ensure that, upon receipt of information that a missing person has been located, the following occurs (Penal Code § 14213): (a)Notification is made to California DOJ. (b)The missing person’s school is notified. (c)Entries are made in the applicable missing person networks. (d)Immediately notify the Attorney General’s Office. (e)Notification shall be made to any other law enforcement agency that took the initial report or participated in the investigation within 24 hours. 331.8.1 UNIDENTIFIED PERSONS Department members investigating a case of an unidentified person who is deceased or a living person who cannot assist in identifying him/herself should: (a)Obtain a complete description of the person. (b)Enter the unidentified person’s description into the NCIC Unidentified Person File. (c)Use available resources, such as those related to missing persons, to identify the person. 331.9 CASE CLOSURE The Detective Bureau supervisor may authorize the closure of a missing person case after considering the following: (a)Closure is appropriate when the missing person is confirmed returned or evidence has matched an unidentified person or body. (b)If the missing person is a resident of Name of your jurisdiction: or this department is the lead agency, the case should be kept under active investigation for as long as the person may still be alive. Exhaustion of leads in the investigation should not be a reason for closing a case. San Luis Obispo Police Department San Luis Obispo PD CA Policy Manual Missing Persons Copyright Lexipol, LLC 2019/01/24, All Rights Reserved. Published with permission by San Luis Obispo Police Department Missing Persons - 156 (c)If this department is not the lead agency, the case can be made inactivate if all investigative leads have been exhausted, the lead agency has been notified and entries are made in the applicable missing person networks as appropriate. (d)A missing person case should not be closed or reclassified because the person would have reached a certain age or adulthood or because the person is now the subject of a criminal or civil warrant. 331.10 TRAINING Subject to available resources, the Training Manager should ensure that members of this department whose duties include missing person investigations and reports receive regular training that includes: (a)The initial investigation: 1.Assessments and interviews 2.Use of current resources, such as Mobile Audio Video (MAV) 3.Confirming missing status and custody status of minors 4.Evaluating the need for a heightened response 5.Identifying the zone of safety based on chronological age and developmental stage (b)Briefing of department members at the scene. (c)Identifying NCIC Missing Person File categories (e.g., disability, endangered, involuntary, juvenile and catastrophe). (d)Verifying the accuracy of all descriptive information. (e)Initiating a neighborhood investigation. (f)Investigating any relevant recent family dynamics. (g)Addressing conflicting information. (h)Key investigative and coordination steps. (i)Managing a missing person case. (j)Additional resources and specialized services. (k)Update procedures for case information and descriptions. (l)Preserving scenes. (m)Internet and technology issues (e.g., Internet use, cell phone use). (n)Media relations. Policy 333 San Luis Obispo Police Department San Luis Obispo PD CA Policy Manual Copyright Lexipol, LLC 2019/01/24, All Rights Reserved. Published with permission by San Luis Obispo Police Department Public Alerts - 157 Public Alerts 333.1 PURPOSE AND SCOPE The purpose of this policy is to provide guidelines for alerting the public to important information and soliciting public aid when appropriate. 333.2 POLICY Public alerts may be employed using the Emergency Alert System (EAS), local radio, television and press organizations and other groups to notify the public of incidents, or enlist the aid of the public, when the exchange of information may enhance the safety of the community. Various types of alerts may be available based upon each situation and the alert system’s individual criteria. 333.3 RESPONSIBILITIES 333.3.1 EMPLOYEE RESPONSIBILITIES Employees of the San Luis Obispo Police Department should notify their supervisor, Watch Commander or Detective Bureau Supervisor as soon as practicable upon learning of a situation where public notification, a warning or enlisting the help of the media and public could assist in locating a missing person, apprehending a dangerous person or gathering information. 333.3.2 SUPERVISOR RESPONSIBILITIES A supervisor apprised of the need for a public alert is responsible to make the appropriate notifications based upon the circumstances of each situation. The supervisor shall promptly notify the Chief of Police, the appropriate Bureau Commander and the Public Information Officer when any public alert is generated. The supervisor in charge of the investigation to which the alert relates is responsible for the following: (a)Updating alerts (b)Canceling alerts (c)Ensuring all appropriate reports are completed (d)Preparing an after-action evaluation of the investigation to be forwarded to the Bureau Commander 333.4 AMBER ALERTS The AMBER Alert™ Program is a voluntary partnership between law enforcement agencies, broadcasters, transportation agencies and the wireless industry, to activate urgent bulletins in child abduction cases. San Luis Obispo Police Department San Luis Obispo PD CA Policy Manual Public Alerts Copyright Lexipol, LLC 2019/01/24, All Rights Reserved. Published with permission by San Luis Obispo Police Department Public Alerts - 158 333.4.1 CRITERIA FOR AMBER ALERT The following conditions must be met before activating an AMBER Alert (Government Code § 8594(a)): (a)A child has been abducted or taken by anyone, including but not limited to a custodial parent or guardian. (b)The victim is 17 years of age or younger, or has a proven mental or physical disability. (c)The victim is in imminent danger of serious injury or death. (d)There is information available that, if provided to the public, could assist in the child’s safe recovery. 333.4.2 PROCEDURE FOR AMBER ALERT The supervisor in charge will ensure the following: (a)An initial press release is prepared that includes all available information that might aid in locating the child: 1.The child’s identity, age and description 2.Photograph if available 3.The suspect’s identity, age and description, if known 4.Pertinent vehicle description 5.Detail regarding location of incident, direction of travel, potential destinations, if known 6.Name and telephone number of the Public Information Officer or other authorized individual to handle media liaison 7.A telephone number for the public to call with leads or information (b)The local California Highway Patrol communications center should be contacted to initiate a multi-regional or statewide EAS broadcast, following any policies and procedures developed by CHP (Government Code § 8594). (c)The press release information is forwarded to the Sheriff’s Department Emergency Communications Bureau so that general broadcasts can be made to local law enforcement agencies. (d)Information regarding the missing person should be entered into the California Law Enforcement Telecommunication System (CLETS). (e)Information regarding the missing person should be entered into the California Department of Justice Missing and Unidentified Persons System (MUPS)/National Crime Information Center (NCIC). (f)The following resources should be considered as circumstances dictate: San Luis Obispo Police Department San Luis Obispo PD CA Policy Manual Public Alerts Copyright Lexipol, LLC 2019/01/24, All Rights Reserved. Published with permission by San Luis Obispo Police Department Public Alerts - 159 1.The local FBI office 2.National Center for Missing and Exploited Children (NCMEC) 333.5 BLUE ALERTS Blue Alerts may be issued when an officer is killed, injured or assaulted and the suspect may pose a threat to the public or other law enforcement personnel. 333.5.1 CRITERIA FOR BLUE ALERTS All of the following conditions must be met before activating a Blue Alert (Government Code § 8594.5): (a)A law enforcement officer has been killed, suffered serious bodily injury or has been assaulted with a deadly weapon, and the suspect has fled the scene of the offense. (b)The investigating law enforcement agency has determined that the suspect poses an imminent threat to the public or other law enforcement personnel. (c)A detailed description of the suspect’s vehicle or license plate is available for broadcast. (d)Public dissemination of available information may help avert further harm or accelerate apprehension of the suspect. 333.5.2 PROCEDURE FOR BLUE ALERT The supervisor in charge should ensure the following: (a)An initial press release is prepared that includes all available information that might aid in locating the suspect: 1.The license number and/or any other available description or photograph of the vehicle 2.Photograph, description and/or identification of the suspect 3.The suspect’s identity, age and description, if known 4.Detail regarding location of incident, direction of travel, potential destinations, if known 5.Name and telephone number of the Public Information Officer or other authorized individual to handle media liaison 6.A telephone number for the public to call with leads or information (b)The local California Highway Patrol communications center is contacted to initiate a multi-regional or statewide EAS broadcast. San Luis Obispo Police Department San Luis Obispo PD CA Policy Manual Public Alerts Copyright Lexipol, LLC 2019/01/24, All Rights Reserved. Published with permission by San Luis Obispo Police Department Public Alerts - 160 (c)The information in the press release is forwarded to the Sheriff’s Department Emergency Communications Bureau so that general broadcasts can be made to local law enforcement agencies. (d)The following resources should be considered as circumstances dictate: 1.Entry into the California Law Enforcement Telecommunication System (CLETS) 2.The FBI local office 333.6 SILVER ALERTS Silver Alerts® is an emergency notification system for people who are 65 years of age or older, developmentally disabled or cognitively impaired and have been reported missing (Government Code § 8594.10). 333.6.1 CRITERIA FOR SILVER ALERTS All of the following conditions must be met before activating a Silver Alert (Government Code § 8594.10): (a)The missing person is 65 years of age or older, developmentally disabled or cognitively impaired. (b)The department has utilized all available local resources. (c)The investigating officer or supervisor has determined that the person is missing under unexplained or suspicious circumstances. (d)The investigating officer or supervisor believes that the person is in danger because of age, health, mental or physical disability, environment or weather conditions, that the person is in the company of a potentially dangerous person, or that there are other factors indicating that the person may be in peril. (e)There is information available that, if disseminated to the public, could assist in the safe recovery of the missing person. 333.6.2 PROCEDURE FOR SILVER ALERT Requests for a Silver Alert shall be made through the California Highway Patrol (Government Code § 8594.10). 333.7 MUTUAL AID The experiences of other law enforcement jurisdictions that have implemented similar plans indicate an AMBER Alert or Blue Alert will generate a high volume of telephone calls to the handling agency. The Sheriff’s Department Emergency Communications Bureau facilities and staff can be made available in the event of a high call volume. If the Watch Commander or Detective Bureau Supervisor elects to use the services of the Sheriff’s Department, the following will apply: San Luis Obispo Police Department San Luis Obispo PD CA Policy Manual Public Alerts Copyright Lexipol, LLC 2019/01/24, All Rights Reserved. Published with permission by San Luis Obispo Police Department Public Alerts - 161 (a)Notify the Sheriff’s Department Watch Commander of the incident and the request for assistance. He/she will provide you with a telephone number for the public to call. (b)In the press release, direct the public to the telephone number provided by the Sheriff’s Department Watch Commander. (c)The Public Information Officer will continue to handle all press releases and media inquiries. Any press inquiries received by the Sheriff’s Department will be referred back to this department. The San Luis Obispo Police Department shall assign a minimum of two detectives/officers to respond to the Sheriff’s Department Emergency Communications Bureau to screen and relay information and any clues received from incoming calls. As circumstances dictate, more staff resources from the handling law enforcement agency may be necessary to assist the staff at the Emergency Communications Bureau. 333.8 YELLOW ALERTS Yellow Alerts are notifications related to hit-and-run incidents resulting in the death or injury (Vehicle Code § 20001; Government Code § 8594.15). 333.8.1 CRITERIA FOR YELLOW ALERTS All of the following conditions must be met before requesting the activation of a Yellow Alert (Government Code § 8594.15): (a)A person has been killed or has suffered serious bodily injury due to a hit-and-run. (b)It is likely the suspect may be seen on a state highway. (c)There is additional information concerning the suspect’s vehicle, including, but not limited to any of the following: 1.The suspect or the suspect’s vehicle can be particularly described (e.g., a complete or partial license plate number) 2.Unique vehicle characteristics (e.g., make, model and color of suspect’s vehicle) 3.The identity of the suspect (d)Public assistance can mitigate danger to the public or quicken the apprehension of the suspect. 333.8.2 PROCEDURE FOR YELLOW ALERT Requests for a Yellow Alert shall be made through the California Highway Patrol (Government Code § 8594.15). Policy 335 San Luis Obispo Police Department San Luis Obispo PD CA Policy Manual Copyright Lexipol, LLC 2019/01/24, All Rights Reserved. Published with permission by San Luis Obispo Police Department Victim and Witness Assistance - 162 Victim and Witness Assistance 335.1 PURPOSE AND SCOPE The purpose of this policy is to ensure that crime victims and witnesses receive appropriate assistance, that they are provided with information from government and private resources, and that the agency meets all related legal mandates. 335.2 POLICY The San Luis Obispo Police Department is committed to providing guidance and assistance to the victims and witnesses of crime. The members of the San Luis Obispo Police Department will show compassion and understanding for victims and witnesses and will make reasonable efforts to provide the support and information identified in this policy. 335.4 CRIME VICTIMS Officers should provide all victims with the applicable victim information handouts. Officers should never guarantee a victim’s safety from future harm but may make practical safety suggestions to victims who express fear of future harm or retaliation. Officers should never guarantee that a person qualifies as a victim for the purpose of compensation or restitution but may direct him/her to the proper written department material or available victim resources. 335.4.1 VICTIMS OF HUMAN TRAFFICKING Officers investigating or receiving a report involving a victim of human trafficking shall inform the victim, or the victim’s parent or guardian if the victim is a minor, that upon the request of the victim the names and images of the victim and his/her immediate family members may be withheld from becoming a matter of public record until the conclusion of the investigation or prosecution (Penal Code § 293). 335.5 VICTIM INFORMATION The Administration Supervisor shall ensure that victim information handouts are available and current. These should include as appropriate: (a)Shelters and other community resources for victims of domestic violence. (b)Community resources for victims of sexual assault. (c)Assurance that sexual assault victims will not incur out-of-pocket expenses for forensic medical exams, and information about evidence collection, storage and preservation in sexual assault cases (34 USC § 10449; 34 USC § 20109; Penal Code § 13823.95(a)). (d)An explanation that victims of sexual assault who seek a medical evidentiary examination shall not be required to participate or agree to participate in the criminal justice system, either prior to the examination or at any other time (Penal Code § 13823.95(b)). San Luis Obispo Police Department San Luis Obispo PD CA Policy Manual Victim and Witness Assistance Copyright Lexipol, LLC 2019/01/24, All Rights Reserved. Published with permission by San Luis Obispo Police Department Victim and Witness Assistance - 163 (e)An advisement that a person who was arrested may be released on bond or some other form of release and that the victim should not rely upon an arrest as a guarantee of safety. (f)A clear explanation of relevant court orders and how they can be obtained. (g)Information regarding available compensation for qualifying victims of crime (Government Code § 13962). (h)VINE® information (Victim Information and Notification Everyday), including the telephone number and whether this free service is available to allow victims to check on an offender’s custody status and to register for automatic notification when a person is released from jail. (i)Notice regarding U Visa and T Visa application processes. (j)Resources available for victims of identity theft. (k)A place for the officer’s name, badge number and any applicable case or incident number. (l)The "Victims of Domestic Violence" card containing the names, phone numbers or local county hotlines of local shelters for battered women and rape victim counseling centers within the county and their 24-hour counseling service telephone numbers (Penal Code § 264.2). (m)The rights of sexual assault victims card with the required information as provided in Penal Code § 680.2. (n)Any additional information required by state law (Penal Code § 13701; Penal Code § 679.02; Penal Code § 679.04; Penal Code § 679.05; Penal Code § 679.026). 335.6 WITNESSES Officers should never guarantee a witness’ safety from future harm or that his/her identity will always remain confidential. Officers may make practical safety suggestions to witnesses who express fear of future harm or retaliation. Officers should investigate allegations of witness intimidation and take enforcement action when lawful and reasonable. Policy 337 San Luis Obispo Police Department San Luis Obispo PD CA Policy Manual Copyright Lexipol, LLC 2019/01/24, All Rights Reserved. Published with permission by San Luis Obispo Police Department Hate Crimes - 164 Hate Crimes 337.1 PURPOSE AND SCOPE The purpose of this policy is to meet or exceed the provisions of Penal Code § 13519.6(c) and provides members of this department with guidelines for identifying and investigating incidents and crimes that may be motivated by hatred or other bias. 337.1.1 DEFINITIONS Hate crimes - A criminal act committed in whole or in part, because of one or more of the following actual or perceived characteristics of the victim (Penal Code § 422.55; Penal Code § 422.56; Penal Code § 422.57): (a)Disability (b)Gender (c)Nationality (d)Race or ethnicity (e)Religion (f)Sexual orientation (g)Association with a person or group with one or more of these actual or perceived characteristics (h)Examples of hate crimes include, but are not limited to: 1.Interfering with, oppressing or threatening any other person in the free exercise or enjoyment of any right or privilege secured by the constitution or laws because of one or more of the actual or perceived characteristics of the victim (Penal Code § 422.6). 2.Defacing a person’s property because of one or more of the actual or perceived characteristics of the victim (Penal Code § 422.6(b)). 3.Terrorizing a person with a swastika or burning cross (Penal Code § 11411). 4.Vandalizing a place of worship (Penal Code § 594.3). The federal Matthew Shepard and James Byrd, Jr. Hate Crimes Prevention Act expands federal hate crimes to include crimes motivated by a victim's actual or perceived sex, sexual orientation, gender identity or disability (18 USC § 249). Victim - Includes, but is not limited to, a community center, educational facility, entity, family, group, individual, office, meeting hall, person, place of worship, private institution, public agency, library or other victim or intended victim of the offense (Penal Code § 422.56). San Luis Obispo Police Department San Luis Obispo PD CA Policy Manual Hate Crimes Copyright Lexipol, LLC 2019/01/24, All Rights Reserved. Published with permission by San Luis Obispo Police Department Hate Crimes - 165 337.2 POLICY The San Luis Obispo Police Department recognizes and places a high priority on the rights of all individuals guaranteed under the state and federal constitution and incorporated in state and federal law. 337.3 PREVENTION AND PREPARATION While it is recognized that not all crime can be prevented, this department is committed to taking a proactive approach to preventing and preparing for likely hate crimes by, among other things: (a)Make an affirmative effort to establish contact with persons and groups within the community who are likely targets of hate crimes and forming networks that address prevention and response. (b)Accessing assistance by, among other things, activating the California Department of Justice Hate Crime Rapid Response Protocol when necessary. (c)Providing victim assistance and community follow-up as outlined below. (d)Educating community and civic groups about hate crime laws. (e)Establishing a community relations liaison to work with community organizations and leaders to coordinate public meetings, local group meetings and school assemblies on recognizing, preparing for and preventing hate crimes. 337.4 INVESTIGATIONS Whenever any member of this department receives a report of a suspected hate crime or other activity that reasonably appears to involve a potential hate crime, the following should occur: (a)Officer(s) will be promptly assigned to contact the victim, witness, or reporting party to investigate the matter further as circumstances may dictate (b)A supervisor should be notified of the circumstances as soon as practical (c)Once “in progress” aspects of any such situation have been stabilized (e.g., treatment of victims, apprehension of present suspects, etc.), the assigned officer(s) will take all reasonable steps to preserve available evidence that may tend to establish that a hate crime was involved (d)Based upon available information, officers should take appropriate action to mitigate further injury or damage to potential victims or the community. 1.Officers should contact the property owner to remove any evidence that cannot be physically removed (i.e., painted words or signs on a wall) by the officer once the offense is documented. (e)The assigned officer(s) will interview available witnesses, victims and others to determine what circumstances, if any, indicate that the situation may involve a hate crime. 1.No victim of or a witness to a hate crime who is not otherwise charged with or convicted of a crime under state law may be detained for or turned over to San Luis Obispo Police Department San Luis Obispo PD CA Policy Manual Hate Crimes Copyright Lexipol, LLC 2019/01/24, All Rights Reserved. Published with permission by San Luis Obispo Police Department Hate Crimes - 166 federal authorities exclusively for any actual or suspected immigration violation (Penal Code § 422.93(b)) 2.Statements of victims and witnesses should be audio or video recorded if practicable (see the Portable Audio/Video Recorders Policy). (f)Depending on the situation, the assigned officer(s) or supervisor may request additional assistance from detectives or other resources to further the investigation (g)The assigned officer(s) will include all available evidence indicating the likelihood of a hate crime in the relevant report(s). All related reports will be clearly marked as “Hate Crimes” and, absent prior approval of a supervisor, will be completed and submitted by the assigned officer(s) before the end of the shift (h)The assigned officer(s) will provide the victim(s) of any suspected hate crime with a brochure on hate crimes (Penal Code § 422.92). Such brochures will also be available to members of the general public upon request. The assigned officer(s) should also make reasonable efforts to assist the victim(s) by providing available information on local assistance programs and organizations (i)The assigned officer(s) and supervisor should take reasonable steps to ensure that any such situation does not escalate further and should provide informaiton to the victim regarding legal aid (e.g., Possible Temporary Restraining Order through the District Attorney or City Attorney Penal Code § 136.2 or Civil Code § 52.1 as indicated). 337.4.1 DETECTIVE BUREAU RESPONSIBILITY If a hate crime case is assigned to the Detective Bureau, the assigned detective will be responsible for: (a)Coordinating further investigation with the District Attorney and other appropriate law enforcement agencies. (b)Maintaining contact with the victims and other involved individuals, as needed. (c)Maintaining statistical data and tracking on suspected hate crimes as indicated for required reporting to the Attorney General (Penal Code § 13023). See the Records Bureau Policy. (d)Make reasonable efforts to identify additional witnesses. (e)Utilize available criminal intelligence systems as appropriate (see Criminal Organizations Policy). (f)Provide the supervisor and the Public Information Officer (PIO) with information that can be responsibly reported to the media. 1.When appropriate, the PIO should reiterate that the hate crime will not be tolerated and will be taken seriously. 337.4.2 SUPERVISOR RESPONSIBILITY The supervisor should confer with the initial responding officers to identify reasonable and appropriate preliminary actions. The supervisor should: San Luis Obispo Police Department San Luis Obispo PD CA Policy Manual Hate Crimes Copyright Lexipol, LLC 2019/01/24, All Rights Reserved. Published with permission by San Luis Obispo Police Department Hate Crimes - 167 (a)Review related reports to verify whether the incident is appropriately classified as a hate crime for federal and state bias crime-reporting purposes. (b)Notify other appropriate personnel in the chain of command, depending on the nature and seriousness of the offense and its potential inflammatory and related impact on the community. (c)Consider the need for further action to be taken for the protection of the victims or vulnerable sites, such as assigning an officer at specific locations that could become targets or increase neighborhood surveillance. (d)Ensure that members who are responsible for the conduct and maintenance of information on criminal groups are notified and that they make appropriate inquiries and entries into criminal intelligence systems (see Criminal Organizations Policy). 337.5 TRAINING All members of this department will receive POST-approved training on hate crime recognition and investigation as provided by Penal Code § 13519.6. Training should also include recognition of bias motivators such as ranges of attitudes and perceptions toward a specific characteristic or group. Policy 339 San Luis Obispo Police Department San Luis Obispo PD CA Policy Manual Copyright Lexipol, LLC 2019/01/24, All Rights Reserved. Published with permission by San Luis Obispo Police Department Standards of Conduct - 168 Standards of Conduct 339.1 PURPOSE AND SCOPE This policy establishes standards of conduct that are consistent with the values and mission of the San Luis Obispo Police Department and are expected of all department members. The standards contained in this policy are not intended to be an exhaustive list of requirements and prohibitions but they do identify many of the important matters concerning conduct. In addition to the provisions of this policy, members are subject to all other provisions contained in this manual, as well as any additional guidance on conduct that may be disseminated by this department or a member’s supervisors. 339.2 POLICY The continued employment or appointment of every member of the San Luis Obispo Police Department shall be based on conduct that reasonably conforms to the guidelines set forth herein. Failure to meet the guidelines set forth in this policy, whether on- or off-duty, may be cause for disciplinary action. 339.3 DIRECTIVES AND ORDERS Members shall comply with lawful directives and orders from any department supervisor or person in a position of authority, absent a reasonable and bona fide justification. 339.3.1 UNLAWFUL OR CONFLICTING ORDERS Supervisors shall not knowingly issue orders or directives that, if carried out, would result in a violation of any law or department policy. Supervisors should not issue orders that conflict with any previous order without making reasonable clarification that the new order is intended to countermand the earlier order. No member is required to obey any order that appears to be in direct conflict with any federal law, state law or local ordinance. Following a known unlawful order is not a defense and does not relieve the member from criminal or civil prosecution or administrative discipline. If the legality of an order is in doubt, the affected member shall ask the issuing supervisor to clarify the order or shall confer with a higher authority. The responsibility for refusal to obey rests with the member, who shall subsequently be required to justify the refusal. Unless it would jeopardize the safety of any individual, members who are presented with a lawful order that is in conflict with a previous lawful order, department policy or other directive shall respectfully inform the issuing supervisor of the conflict. The issuing supervisor is responsible for either resolving the conflict or clarifying that the lawful order is intended to countermand the previous lawful order or directive, in which case the member is obliged to comply. Members who are compelled to follow a conflicting lawful order after having given the issuing supervisor the opportunity to correct the conflict, will not be held accountable for disobedience of the lawful order or directive that was initially issued. San Luis Obispo Police Department San Luis Obispo PD CA Policy Manual Standards of Conduct Copyright Lexipol, LLC 2019/01/24, All Rights Reserved. Published with permission by San Luis Obispo Police Department Standards of Conduct - 169 The person countermanding the original order shall notify, in writing, the person issuing the original order, indicating the action taken and the reason. 339.3.2 SUPERVISOR RESPONSIBILITIES Supervisors and managers are required to follow all policies and procedures and may be subject to discipline for: (a)Failure to be reasonably aware of the performance of their subordinates or to provide appropriate guidance and control. (b)Failure to promptly and fully report any known misconduct of a member to his/her immediate supervisor or to document such misconduct appropriately or as required by policy. (c)Directing a subordinate to violate a policy or directive, acquiesce to such a violation, or are indifferent to any such violation by a subordinate. (d)The unequal or disparate exercise of authority on the part of a supervisor toward any member for malicious or other improper purpose. 339.4 GENERAL STANDARDS Members shall conduct themselves, whether on- or off-duty, in accordance with the United States and California Constitutions and all applicable laws, ordinances and rules enacted or established pursuant to legal authority. Members shall familiarize themselves with policies and procedures and are responsible for compliance with each. Members should seek clarification and guidance from supervisors in the event of any perceived ambiguity or uncertainty. Discipline may be initiated for any good cause. It is not mandatory that a specific policy or rule violation be cited to sustain discipline. This policy is not intended to cover every possible type of misconduct. 339.5 CAUSES FOR DISCIPLINE The following are illustrative of causes for disciplinary action. This list is not intended to cover every possible type of misconduct and does not preclude the recommendation of disciplinary action for violation of other rules, standards, ethics and specific action or inaction that is detrimental to efficient department service: 339.5.1 LAWS, RULES AND ORDERS (a)Violation of, or ordering or instructing a subordinate to violate any policy, procedure, rule, order, directive, requirement or failure to follow instructions contained in department or City manuals. (b)Disobedience of any legal directive or order issued by any department member of a higher rank. (c)Violation of federal, state, local or administrative laws, rules or regulations. San Luis Obispo Police Department San Luis Obispo PD CA Policy Manual Standards of Conduct Copyright Lexipol, LLC 2019/01/24, All Rights Reserved. Published with permission by San Luis Obispo Police Department Standards of Conduct - 170 339.5.2 ETHICS (a)Using or disclosing one’s status as a member of the San Luis Obispo Police Department in any way that could reasonably be perceived as an attempt to gain influence or authority for non-department business or activity. (b)The wrongful or unlawful exercise of authority on the part of any member for malicious purpose, personal gain, willful deceit or any other improper purpose. (c)The receipt or acceptance of a reward, fee or gift from any person for service incident to the performance of the member's duties (lawful subpoena fees and authorized work permits excepted). (d)Acceptance of fees, gifts or money contrary to the rules of this department and/or laws of the state. (e)Offer or acceptance of a bribe or gratuity. (f)Misappropriation or misuse of public funds, property, personnel or services. (g)Any other failure to abide by the standards of ethical conduct. 339.5.3 DISCRIMINATION, OPPRESSION OR FAVORITISM Discriminating against, oppressing or providing favoritism to any person because of age, race, color, creed, religion, sex, sexual orientation, gender identity or expression, national origin, ancestry, marital status, physical or mental disability, medical condition or other classification protected by law, or intentionally denying or impeding another in the exercise or enjoyment of any right, privilege, power or immunity, knowing the conduct is unlawful. 339.5.4 RELATIONSHIPS (a)Unwelcome solicitation of a personal or sexual relationship while on-duty or through the use of one’s official capacity. (b)Engaging in on-duty sexual activity including, but not limited to, sexual intercourse, excessive displays of public affection or other sexual contact. (c)Establishing or maintaining an inappropriate personal or financial relationship, as a result of an investigation, with a known victim, witness, suspect or defendant while a case is being investigated or prosecuted, or as a direct result of any official contact. (d)Associating with or joining a criminal gang, organized crime and/or criminal syndicate when the member knows or reasonably should know of the criminal nature of the organization. This includes any organization involved in a definable criminal activity or enterprise, except as specifically directed and authorized by this department. (e)Associating on a personal, rather than official basis with persons who demonstrate recurring involvement in serious violations of state or federal laws after the member knows, or reasonably should know of such criminal activities, except as specifically directed and authorized by this department. San Luis Obispo Police Department San Luis Obispo PD CA Policy Manual Standards of Conduct Copyright Lexipol, LLC 2019/01/24, All Rights Reserved. Published with permission by San Luis Obispo Police Department Standards of Conduct - 171 339.5.5 ATTENDANCE (a)Leaving the job to which the member is assigned during duty hours without reasonable excuse and proper permission and approval. (b)Unexcused or unauthorized absence or tardiness. (c)Excessive absenteeism or abuse of leave privileges. (d)Failure to report to work or to place of assignment at time specified and fully prepared to perform duties without reasonable excuse. 339.5.6 UNAUTHORIZED ACCESS, DISCLOSURE OR USE (a)Unauthorized and inappropriate intentional release of confidential or protected information, materials, data, forms or reports obtained as a result of the member’s position with this department. 1.Members of this department shall not disclose the name, address or image of any victim of human trafficking except as authorized by law (Penal Code § 293). (b)Disclosing to any unauthorized person any active investigation information. (c)The use of any information, photograph, video or other recording obtained or accessed as a result of employment or appointment to this department for personal or financial gain or without the express authorization of the Chief of Police or the authorized designee. (d)Loaning, selling, allowing unauthorized use, giving away or appropriating any San Luis Obispo Police Department badge, uniform, identification card or department property for personal use, personal gain or any other improper or unauthorized use or purpose. (e)Using department resources in association with any portion of an independent civil action. These resources include, but are not limited to, personnel, vehicles, equipment and non-subpoenaed records. 339.5.7 EFFICIENCY (a)Neglect of duty. (b)Unsatisfactory work performance including, but not limited to, failure, incompetence, inefficiency or delay in performing and/or carrying out proper orders, work assignments or the instructions of supervisors without a reasonable and bona fide excuse. (c)Concealing, attempting to conceal, removing or destroying defective or incompetent work. (d)Unauthorized sleeping during on-duty time or assignments. (e)Failure to notify the Department within 24 hours of any change in residence address, contact telephone numbers or marital status. San Luis Obispo Police Department San Luis Obispo PD CA Policy Manual Standards of Conduct Copyright Lexipol, LLC 2019/01/24, All Rights Reserved. Published with permission by San Luis Obispo Police Department Standards of Conduct - 172 339.5.8 PERFORMANCE (a)Failure to disclose or misrepresenting material facts, or making any false or misleading statement on any application, examination form, or other official document, report or form, or during the course of any work-related investigation. (b)The falsification of any work-related records, making misleading entries or statements with the intent to deceive or the willful and unauthorized removal, alteration, destruction and/or mutilation of any department record, public record, book, paper or document. (c)Failure to participate in, or giving false or misleading statements, or misrepresenting or omitting material information to a supervisor or other person in a position of authority, in connection with any investigation or in the reporting of any department -related business. (d)Being untruthful or knowingly making false, misleading or malicious statements that are reasonably calculated to harm the reputation, authority or official standing of this department or its members. (e)Disparaging remarks or conduct concerning duly constituted authority to the extent that such conduct disrupts the efficiency of this department or subverts the good order, efficiency and discipline of this department or that would tend to discredit any of its members. (f)Unlawful gambling or unlawful betting at any time or any place. Legal gambling or betting under any of the following conditions: 1.While on department premises. 2.At any work site, while on-duty or while in uniform, or while using any department equipment or system. 3.Gambling activity undertaken as part of an officer official duties and with the express knowledge and permission of a direct supervisor is exempt from this prohibition. (g)Improper political activity including: 1.Unauthorized attendance while on-duty at official legislative or political sessions. 2.Solicitations, speeches or distribution of campaign literature for or against any political candidate or position while on-duty or, on department property except as expressly authorized by City policy, the memorandum of understanding, or the Chief of Police. (h)Engaging in political activities during assigned working hours except as expressly authorized by City policy, the memorandum of understanding, or the Chief of Police. (i)Any act on- or off-duty that brings discredit to this department. 339.5.9 CONDUCT (a)Failure of any member to promptly and fully report activities on his/her part or the part of any other member where such activities resulted in contact with any other law San Luis Obispo Police Department San Luis Obispo PD CA Policy Manual Standards of Conduct Copyright Lexipol, LLC 2019/01/24, All Rights Reserved. Published with permission by San Luis Obispo Police Department Standards of Conduct - 173 enforcement agency or that may result in criminal prosecution or discipline under this policy. (b)Unreasonable and unwarranted force to a person encountered or a person under arrest. (c)Exceeding lawful peace officer powers by unreasonable, unlawful or excessive conduct. (d)Unauthorized or unlawful fighting, threatening or attempting to inflict unlawful bodily harm on another. (e)Engaging in horseplay that reasonably could result in injury or property damage. (f)Discourteous, disrespectful or discriminatory treatment of any member of the public or any member of this department or the City. (g)Use of obscene, indecent, profane or derogatory language while on-duty or in uniform. (h)Criminal, dishonest, or disgraceful conduct, whether on- or off-duty, that adversely affects the member’s relationship with this department. (i)Unauthorized possession of, loss of, or damage to department property or the property of others, or endangering it through carelessness or maliciousness. (j)Attempted or actual theft of department property; misappropriation or misuse of public funds, property, personnel or the services or property of others; unauthorized removal or possession of department property or the property of another person. (k)Activity that is incompatible with a member’s conditions of employment or appointment as established by law or that violates a provision of any memorandum of understanding or contract to include fraud in securing the appointment or hire. (l)Initiating any civil action for recovery of any damages or injuries incurred in the course and scope of employment or appointment without first notifying the Chief of Police of such action. (m)Any other on- or off-duty conduct which any member knows or reasonably should know is unbecoming a member of this department, is contrary to good order, efficiency or morale, or tends to reflect unfavorably upon this department or its members. 339.5.10 SAFETY (a)Failure to observe or violating department safety standards or safe working practices. (b)Failure to maintain current licenses or certifications required for the assignment or position (e.g., driver license, first aid). (c)Failure to maintain good physical condition sufficient to adequately and safely perform law enforcement duties. (d)Unsafe firearm or other dangerous weapon handling to include loading or unloading firearms in an unsafe manner, either on- or off- duty. (e)Carrying, while on the premises of the work place, any firearm or other lethal weapon that is not authorized by the member’s appointing authority. San Luis Obispo Police Department San Luis Obispo PD CA Policy Manual Standards of Conduct Copyright Lexipol, LLC 2019/01/24, All Rights Reserved. Published with permission by San Luis Obispo Police Department Standards of Conduct - 174 (f)Unsafe or improper driving habits or actions in the course of employment or appointment. (g)Any personal action contributing to a preventable traffic collision. (h)Concealing or knowingly failing to report any on-the-job or work-related accident or injury as soon as practicable but within 24 hours. 339.5.11 INTOXICANTS (a)Reporting for work or being at work while intoxicated or when the member’s ability to perform assigned duties is impaired due to the use of alcohol, medication or drugs, whether legal, prescribed or illegal. (b)Possession or use of alcohol at any work site or while on-duty, except as authorized in the performance of an official assignment. A member who is authorized to consume alcohol is not permitted to do so to such a degree that it may impair on-duty performance. (c)Unauthorized possession, use of, or attempting to bring a controlled substance, illegal drug or non-prescribed medication to any work site. Policy 341 San Luis Obispo Police Department San Luis Obispo PD CA Policy Manual Copyright Lexipol, LLC 2019/01/24, All Rights Reserved. Published with permission by San Luis Obispo Police Department Information Technology Use - 175 Information Technology Use 341.1 PURPOSE AND SCOPE The purpose of this policy is to provide guidelines for the proper use of department information technology resources, including computers, electronic devices, hardware, software and systems. 341.1.1 DEFINITIONS Definitions related to this policy include: Computer system - All computers (on-site and portable), electronic devices, hardware, software, and resources owned, leased, rented or licensed by the San Luis Obispo Police Department that are provided for official use by its members. This includes all access to, and use of, Internet Service Providers (ISP) or other service providers provided by or through the Department or department funding. Hardware - Includes, but is not limited to, computers, computer terminals, network equipment, electronic devices, telephones, including cellular and satellite, pagers, modems or any other tangible computer device generally understood to comprise hardware. Software - Includes, but is not limited to, all computer programs, systems and applications, including shareware. This does not include files created by the individual user. Temporary file, permanent file or file - Any electronic document, information or data residing or located, in whole or in part, on the system including, but not limited to, spreadsheets, calendar entries, appointments, tasks, notes, letters, reports, messages, photographs or videos. 341.2 POLICY It is the policy of the San Luis Obispo Police Department that members shall use information technology resources, including computers, software and systems, that are issued or maintained by the Department in a professional manner and in accordance with this policy. 341.3 PRIVACY EXPECTATION Members forfeit any expectation of privacy with regard to emails, texts or anything published, shared, transmitted or maintained through file-sharing software or any Internet site that is accessed, transmitted, received or reviewed on any department computer system. The Department reserves the right to access, audit and disclose, for whatever reason, any message, including attachments, and any information accessed, transmitted, received or reviewed over any technology that is issued or maintained by the Department, including the department email system, computer network and/or any information placed into storage on any department system or device. This includes records of all keystrokes or Web-browsing history made at any department computer or over any department network. The fact that access to a database, service or website requires a username or password will not create an expectation of privacy if it is accessed through department computers, electronic devices or networks. San Luis Obispo Police Department San Luis Obispo PD CA Policy Manual Information Technology Use Copyright Lexipol, LLC 2019/01/24, All Rights Reserved. Published with permission by San Luis Obispo Police Department Information Technology Use - 176 However, the Department may not require a member to disclose a personal username or password or open a personal social website, except when access is reasonably believed to be relevant to the investigation of allegations of work-related misconduct (Labor Code § 980). 341.4 RESTRICTED USE Members shall not access computers, devices, software or systems for which they have not received prior authorization or the required training. Members shall immediately report unauthorized access or use of computers, devices, software or systems by another member to their supervisors or Watch Commanders. Members shall not use another person’s access passwords, logon information and other individual security data, protocols and procedures unless directed to do so by a supervisor. 341.4.1 SOFTWARE Members shall not copy or duplicate any copyrighted or licensed software except for a single copy for backup purposes in accordance with the software company’s copyright and license agreement. To reduce the risk of a computer virus or malicious software, members shall not install any unlicensed or unauthorized software on any department computer. Members shall not install personal copies of any software onto any department computer. When related to criminal investigations, software program files may be downloaded only with the approval of the information systems technology (IT) staff and with the authorization of the Chief of Police or the authorized designee. No member shall knowingly make, acquire or use unauthorized copies of computer software that is not licensed to the Department while on department premises, computer systems or electronic devices. Such unauthorized use of software exposes the Department and involved members to severe civil and criminal penalties. Introduction of software by members should only occur as part of the automated maintenance or update process of department- or City-approved or installed programs by the original manufacturer, producer or developer of the software. Any other introduction of software requires prior authorization from IT staff and a full scan for malicious attachments. 341.4.2 HARDWARE Access to technology resources provided by or through the Department shall be strictly limited to department-related activities. Data stored on or available through department computer systems shall only be accessed by authorized members who are engaged in an active investigation or assisting in an active investigation, or who otherwise have a legitimate law enforcement or department-related purpose to access such data. Any exceptions to this policy must be approved by a supervisor. San Luis Obispo Police Department San Luis Obispo PD CA Policy Manual Information Technology Use Copyright Lexipol, LLC 2019/01/24, All Rights Reserved. Published with permission by San Luis Obispo Police Department Information Technology Use - 177 341.4.3 INTERNET USE Internet access provided by or through the Department shall be strictly limited to department- related activities. Internet sites containing information that is not appropriate or applicable to department use and which shall not be intentionally accessed include, but are not limited to, adult forums, pornography, gambling, chat rooms and similar or related Internet sites. Certain exceptions may be permitted with the express approval of a supervisor as a function of a member’s assignment. Downloaded information shall be limited to messages, mail and data files. 341.4.4 OFF-DUTY USE Members shall only use technology resources provided by the Department while on-duty or in conjunction with specific on-call assignments unless specifically authorized by a supervisor. This includes the use of telephones, cell phones, texting, email or any other "off the clock" work-related activities. This also applies to personally owned devices that are used to access department resources. Refer to the Personal Communication Devices Policy for guidelines regarding off-duty use of personally owned technology. 341.5 PROTECTION OF AGENCY SYSTEMS AND FILES All members have a duty to protect the computer system and related systems and devices from physical and environmental damage and are responsible for the correct use, operation, care and maintenance of the computer system. Members shall ensure department computers and access terminals are not viewable by persons who are not authorized users. Computers and terminals should be secured, users logged off and password protections enabled whenever the user is not present. Access passwords, logon information and other individual security data, protocols and procedures are confidential information and are not to be shared. Password length, format, structure and content shall meet the prescribed standards required by the computer system or as directed by a supervisor and shall be changed at intervals as directed by IT staff or a supervisor. It is prohibited for a member to allow an unauthorized user to access the computer system at any time or for any reason. Members shall promptly report any unauthorized access to the computer system or suspected intrusion from outside sources (including the Internet) to a supervisor. 341.6 INSPECTION OR REVIEW A supervisor or the authorized designee has the express authority to inspect or review the computer system, all temporary or permanent files, related electronic systems or devices, and any contents thereof, whether such inspection or review is in the ordinary course of his/her supervisory duties or based on cause. Reasons for inspection or review may include, but are not limited to, computer system malfunctions, problems or general computer system failure, a lawsuit against the Department San Luis Obispo Police Department San Luis Obispo PD CA Policy Manual Information Technology Use Copyright Lexipol, LLC 2019/01/24, All Rights Reserved. Published with permission by San Luis Obispo Police Department Information Technology Use - 178 involving one of its members or a member’s duties, an alleged or suspected violation of any department policy, a request for disclosure of data, or a need to perform or provide a service. The IT staff may extract, download or otherwise obtain any and all temporary or permanent files residing or located in or on the department computer system when requested by a supervisor or during the course of regular duties that require such information. Policy 343 San Luis Obispo Police Department San Luis Obispo PD CA Policy Manual Copyright Lexipol, LLC 2019/01/24, All Rights Reserved. Published with permission by San Luis Obispo Police Department Report Preparation - 179 Report Preparation 343.1 PURPOSE AND SCOPE Report preparation is a major part of each officer's job. The purpose of reports is to document sufficient information to refresh the officer’s memory and to provide sufficient information for follow- up investigation and successful prosecution. Report writing is the subject of substantial formalized training and on-the-job training. 343.1.1 REPORT PREPARATION Employees should ensure that reports are sufficiently detailed for their purpose and free from errors prior to submission. It is the responsibility of the assigned employee to complete and submit all reports taken during the shift before going off-duty unless permission to hold the report has been approved by a supervisor. Generally, reports requiring prompt follow-up action on active leads, or arrest reports where the suspect remains in custody should not be held. Handwritten reports must be prepared legibly. If the report is not legible, the submitting employee will be required by the reviewing supervisor to promptly make corrections and resubmit the report. Employees who dictate reports shall use appropriate grammar, as content is not the responsibility of the typist. Employees who generate reports on computers are subject to all requirements of this policy. All reports shall accurately reflect the identity of the persons involved, all pertinent information seen, heard or assimilated by any other sense, and any actions taken. Employees shall not suppress, conceal or distort the facts of any reported incident, nor shall any employee make a false report orally or in writing. Generally, the reporting employee’s opinions should not be included in reports unless specifically identified as such. 343.2 REQUIRED REPORTING Written reports are required in all of the following situations on the appropriate department approved form unless otherwise approved by a supervisor. 343.2.1 CRIMINAL ACTIVITY When a member responds to a call for service, or as a result of self-initiated activity becomes aware of any activity where a crime has occurred, the member shall document the incident regardless of whether a victim desires prosecution. Activity to be documented in a written report includes: (a)All arrests (b)All felony crimes (c)Non-Felony incidents involving threats or stalking behavior (d)Situations covered by separate policy. These include: 1.Use of Force Policy San Luis Obispo Police Department San Luis Obispo PD CA Policy Manual Report Preparation Copyright Lexipol, LLC 2019/01/24, All Rights Reserved. Published with permission by San Luis Obispo Police Department Report Preparation - 180 2.Domestic Violence Policy 3.Child Abuse Policy 4.Adult Abuse Policy 5.Hate Crimes Policy 6.Suspicious Activity Reporting Policy (e)All misdemeanor crimes where the victim desires a report Misdemeanor crimes where the victim does not desire a report shall be documented using the department-approved alternative reporting method (e.g., dispatch log). 343.2.2 NON-CRIMINAL ACTIVITY The following incidents shall be documented using the appropriate approved report: (a)Anytime an officer points a firearm at any person (b)Any use of force against any person by a member of this department (see the Use of Force Policy) (c)Any firearm discharge (see the Firearms Policy) (d)Anytime a person is reported missing, regardless of jurisdiction (see the Missing Persons Policy) (e)Any found property or found evidence (f)Any traffic collisions above the minimum reporting level (see Traffic Collision Reporting Policy) (g)Suspicious incidents that may indicate a potential for crimes against children or that a child’s safety is in jeopardy (h)All protective custody detentions (i)Suspicious incidents that may place the public or others at risk (j)Whenever the employee believes the circumstances should be documented or at the direction of a supervisor 343.2.3 DEATH CASES Death investigations require specific investigation methods depending on circumstances and should be handled in accordance with the Death Investigations Policy. The handling officer should notify and apprise a supervisor of the circumstances surrounding the incident to determine how to proceed. The following cases shall be appropriately investigated and documented using the approved report: (a)Sudden or accidental deaths. (b)Suicides. San Luis Obispo Police Department San Luis Obispo PD CA Policy Manual Report Preparation Copyright Lexipol, LLC 2019/01/24, All Rights Reserved. Published with permission by San Luis Obispo Police Department Report Preparation - 181 (c)Homicide or suspected homicide. (d)Unattended deaths (No physician or qualified hospice care in the 20 days preceding death). (e)Found dead bodies or body parts. 343.2.4 INJURY OR DAMAGE BY CITY PERSONNEL Reports shall be taken if an injury occurs that is a result of an act of a City employee. Additionally, reports shall be taken involving damage to City property or City equipment. 343.2.5 MISCELLANEOUS INJURIES Any injury that is reported to this department shall require a report when: (a)The injury is a result of drug overdose (b)Attempted suicide (c)The injury is major/serious, whereas death could result (d)The circumstances surrounding the incident are suspicious in nature and it is desirable to record the event. (e)The injury occurs on City Property 1.Officers will place a red sheet on the report. Records will forward a copy of the report to the HR Risk Manager. The above reporting requirements are not intended to be all-inclusive. A supervisor may direct an employee to document any incident he/she deems necessary. 343.2.6 MANDATORY REPORTING OF JUVENILE GUNSHOT INJURIES A report shall be taken when any incident in which a child 18 years or younger suffered an unintentional or self-inflicted gunshot wound. The Records Bureau shall notify the California Department of Public Health (CDPH) of the incident, on a form provided by the state. Forms may be obtained from the CDPH website (Penal Code § 23685). 343.3 GENERAL POLICY OF EXPEDITIOUS REPORTING In general, all officers and supervisors shall act with promptness and efficiency in the preparation and processing of all reports. An incomplete report, unorganized reports or reports delayed without supervisory approval are not acceptable. Reports shall be processed according to established priorities or according to special priority necessary under exceptional circumstances. San Luis Obispo Police Department San Luis Obispo PD CA Policy Manual Report Preparation Copyright Lexipol, LLC 2019/01/24, All Rights Reserved. Published with permission by San Luis Obispo Police Department Report Preparation - 182 343.3.1 GENERAL POLICY OF HANDWRITTEN REPORTS Some incidents and report forms lend themselves to block print rather than typing. In general, the narrative portion of those reports where an arrest is made or when there is a long narrative should be typed or dictated. Supervisors may require, with the foregoing general policy in mind, block printing or typing of reports of any nature for departmental consistency. 343.3.2 GENERAL USE OF OTHER HANDWRITTEN FORMS County, state and federal agency forms may be block printed as appropriate. In general, the form itself may make the requirement for typing apparent. 343.4 REPORT CORRECTIONS Supervisors shall review reports for content and accuracy. If a correction is necessary, the reviewing supervisor or records clerk should complete the Report Correction form stating the reasons for rejection. The original report and the correction form should be returned to the reporting employee for correction as soon as practical. It shall be the responsibility of the originating officer to ensure that any report returned for correction is processed in a timely manner. 343.5 REPORT CHANGES OR ALTERATIONS Reports that have been approved by a supervisor and submitted to the Records Bureau for filing and distribution shall not be modified or altered except by way of a supplemental report. Reviewed reports that have not yet been submitted to the Records Bureau may be corrected or modified by the authoring officer only with the knowledge and authorization of the reviewing supervisor. Policy 345 San Luis Obispo Police Department San Luis Obispo PD CA Policy Manual Copyright Lexipol, LLC 2019/01/24, All Rights Reserved. Published with permission by San Luis Obispo Police Department Media Relations - 183 Media Relations 345.1 PURPOSE AND SCOPE This policy provides guidelines for media releases and media access to scenes of disasters, criminal investigations, emergencies and other law enforcement activities. 345.2 RESPONSIBILITIES The ultimate authority and responsibility for the release of information to the media shall remain with the Chief of Police, however, in situations not warranting immediate notice to the Chief of Police and in situations where the Chief of Police has given prior approval, Bureau Commanders, Watch Commanders, Supervisors and designated Public Information Officer(s) may prepare and release information to the media in accordance with this policy and the applicable law. 345.2.1 MEDIA REQUEST Any media request for information or access to a law enforcement situation shall be referred to the designated department media representative, or if unavailable, to the first available supervisor. Prior to releasing any information to the media, employees shall consider the following: (a)At no time shall any employee of this department make any comment or release any official information to the media without prior approval from a supervisor or the designated department media representative. (b)In situations involving multiple law enforcement agencies, every reasonable effort should be made to coordinate media releases with the authorized representative of each involved agency prior to the release of any information by this department. (c)Under no circumstance should any member of this department make any comments to the media regarding any law enforcement incident not involving this department without prior approval of the Chief of Police. (d)Media requests regarding Department policy, procedure, internal investigations, major crimes investigations, politically driven events or comments and/or actions the Department has taken should be referred to the designated media representative. (e)The Watch Commander or Supervisor may provide information to the media regarding an evolving or ongoing investigation or matter of public safety. (f)No member of this Department should feel compelled to respond immediately to a media inquiry without having pertinent information related to the inquiry. If more time is needed to gather information, the employee should offer to call the requestor back at a later time. 345.3 MEDIA ACCESS Authorized members of the media shall be provided access to scenes of disasters, criminal investigations, emergencies and other law enforcement activities subject to the following conditions (Penal Code § 409.5(d)): San Luis Obispo Police Department San Luis Obispo PD CA Policy Manual Media Relations Copyright Lexipol, LLC 2019/01/24, All Rights Reserved. Published with permission by San Luis Obispo Police Department Media Relations - 184 (a)The media representative shall produce valid press credentials that shall be prominently displayed at all times while in areas otherwise closed to the public. (b)Media representatives may be prevented from interfering with emergency operations and criminal investigations. 1.Reasonable effort should be made to provide a safe staging area for the media that is near the incident and that will not interfere with emergency or criminal investigation operations. All information released to the media should be coordinated through the department Public Information Officer or other designated spokesperson. 2.Whenever the presence of media or other aircraft pose a threat to public or officer safety or significantly hampers incident operations, the field supervisor should consider requesting a Temporary Flight Restriction (TFR). All requests for a TFR should be routed through the Watch Commander. The TFR request should include specific information regarding the perimeter and altitude necessary for the incident and should be requested through the appropriate control tower. If the control tower is not known, the Federal Aviation Administration should be contacted (14 CFR 91.137). (c)No member of this department who is under investigation shall be subjected to media visits or interviews without the consent of the involved employee (Government Code § 3303(e)). (d)Media interviews with individuals who are in custody should not be permitted without the approval of the Chief of Police and the express consent of the person in custody. A tactical operation should be handled in the same manner as a crime scene, except the news media shall be permitted within the outer perimeter of the scene, subject to any restrictions as determined by the supervisor in charge. Department members shall not jeopardize a tactical operation in order to accommodate the news media. All comments to the media shall be coordinated through a supervisor or the Public Information Officer. 345.3.1 PROVIDING ADVANCE INFORMATION To protect the safety and rights of officers and other persons, advance information about planned actions by law enforcement personnel, such as movement of persons in custody or the execution of an arrest or search warrant, should not be disclosed to the news media, nor should media representatives be invited to be present at such actions except with the prior approval of the Chief of Police. Any exceptions to the above should only be considered for the furtherance of legitimate law enforcement purposes. Prior to approving any exception the Chief of Police will consider, at minimum, whether the release of information or presence of the media would unreasonably endanger any individual, prejudice the rights of any person or is otherwise prohibited by law. San Luis Obispo Police Department San Luis Obispo PD CA Policy Manual Media Relations Copyright Lexipol, LLC 2019/01/24, All Rights Reserved. Published with permission by San Luis Obispo Police Department Media Relations - 185 345.4 TRAINING All Supervisors should attend a minimum 8-hour Media Training class within one year of promotion or as soon as possible thereafter. 345.5 SCOPE OF INFORMATION SUBJECT TO RELEASE The Department will maintain a daily information log of significant law enforcement activities that shall be made available, upon request, to media representatives through the Watch Commander. This log will generally contain the following information: (a)The date, time, location, case number, type of crime, extent of injury or loss, and names of individuals (except confidential informants) involved in crimes occurring within this jurisdiction unless the release of such information would endanger the safety of any individual or jeopardize the successful completion of any ongoing investigation (b)The date, time, location, case number, name, birth date and charges for each person arrested by this department unless the release of such information would endanger the safety of any individual or jeopardize the successful completion of any ongoing investigation (c)The time and location of other significant law enforcement activities or requests for service with a brief summary of the incident subject to the restrictions of this policy and applicable law At no time shall identifying information pertaining to a juvenile arrestee (13 years of age and under), victim or witness be publicly released without prior approval of a competent court. The identity of a minor 14 years of age or older shall not be publicly disclosed unless the minor has been arrested for a serious felony and the release of such information has been approved by the Watch Commander (Welfare and Institutions Code § 827.5). Identifying information concerning deceased individuals shall not be released to the media until notification of next of kin or otherwise cleared through the Coroner's Office. Any requests for copies of related reports or additional information not contained in this log shall be referred to the designated department media representative, the custodian of records, or if unavailable, to the Watch Commander. Such requests will generally be processed in accordance with the provisions of the Public Records Act (Government Code § 6250, et seq.). 345.5.1 RESTRICTED INFORMATION It shall be the responsibility of the authorized employee dealing with media requests to ensure that restricted information is not inappropriately released to the media by this department. When in doubt, authorized and available legal counsel should be obtained. Policy 347 San Luis Obispo Police Department San Luis Obispo PD CA Policy Manual Copyright Lexipol, LLC 2019/01/24, All Rights Reserved. Published with permission by San Luis Obispo Police Department Subpoenas and Court Appearances - 186 Subpoenas and Court Appearances 347.1 PURPOSE AND SCOPE This policy establishes the guidelines for department members who must appear in court. It will allow the San Luis Obispo Police Department to cover any related work absences and keep the Department informed about relevant legal matters. 347.2 POLICY San Luis Obispo Police Department members will respond appropriately to all subpoenas and any other court-ordered appearances. 347.3 SUBPOENAS Only department members authorized to receive a subpoena on behalf of this department or any of its members may do so. This may be accomplished by personal service to the officer or by delivery of two copies of the subpoena to the officer's supervisor or other authorized department agent (Government Code § 68097.1; Penal Code § 1328(c)). The party that issues a civil subpoena to an officer to testify as a witness must tender the statutory fee of $275 with the subpoena for each day that an appearance is required before service is accepted of the subpoena (Government Code § 68097.2). An immediate supervisor or authorized individual may refuse to accept service for a criminal subpoena if (Penal Code § 1328(d)(e)): (a)He/she knows that he/she will be unable to deliver a copy of the subpoena to the named officer within sufficient time for the named officer to comply with the subpoena. (b)It is less than five working days prior to the date listed for an appearance and he/she is not reasonably certain that service can be completed. If, after initially accepting service of a criminal subpoena, a supervisor or other authorized individual determines that he/she is unable to deliver a copy of the subpoena to the named officer within sufficient time for the named officer to comply with the subpoena, the supervisor or the subpoena clerk shall notify the server or the attorney named on the subpoena of such not less than 48 hours prior to the date listed for the appearance (Penal Code § 1328(f)). 347.3.1 SPECIAL NOTIFICATION REQUIREMENTS Any member who is subpoenaed to testify, agrees to testify or provides information on behalf of or at the request of any party other than the City Attorney or the prosecutor shall notify his/her immediate supervisor without delay regarding: (a)Any civil case where the City or one of its members, as a result of his/her official capacity, is a party. (b)Any civil case where any other city, county, state or federal unit of government or a member of any such unit of government, as a result of his/her official capacity, is a party. San Luis Obispo Police Department San Luis Obispo PD CA Policy Manual Subpoenas and Court Appearances Copyright Lexipol, LLC 2019/01/24, All Rights Reserved. Published with permission by San Luis Obispo Police Department Subpoenas and Court Appearances - 187 (c)Any criminal proceeding where the member is called to testify or provide information on behalf of the defense. (d)Any civil action stemming from the member’s on-duty activity or because of his/her association with the San Luis Obispo Police Department. (e)Any personnel or disciplinary matter when called to testify or to provide information by a government entity other than the San Luis Obispo Police Department. The supervisor will then notify the Chief of Police and the appropriate prosecuting attorney as may be indicated by the case. The Chief of Police should determine if additional legal support is necessary. No member shall be retaliated against for testifying in any matter. 347.3.2 CIVIL SUBPOENA The Department will compensate members who appear in their official capacities on civil matters arising out of their official duties, as directed by the current memorandum of understanding or collective bargaining agreement. The Department should seek reimbursement for the member’s compensation through the civil attorney of record who subpoenaed the member. 347.3.3 OFF-DUTY RELATED SUBPOENAS Members receiving valid subpoenas for off-duty actions not related to their employment or appointment will not be compensated for their appearance. Arrangements for time off shall be coordinated through their immediate supervisors. 347.4 FAILURE TO APPEAR Any member who fails to comply with the terms of any properly served subpoena or court-ordered appearance may be subject to discipline. This includes properly served orders to appear that were issued by a state administrative agency. 347.5 STANDBY To facilitate standby agreements, members are required to provide and maintain current information on their addresses and contact telephone numbers with the Department. If a member on standby changes his/her location during the day, the member shall notify the designated department member of how he/she can be reached. Members are required to remain on standby until released by the court or the party that issued the subpoena. 347.6 COURTROOM PROTOCOL When appearing in court, members shall: (a)Be punctual and prepared to proceed immediately with the case for which they are scheduled to appear. (b)Dress in the department uniform or business attire. San Luis Obispo Police Department San Luis Obispo PD CA Policy Manual Subpoenas and Court Appearances Copyright Lexipol, LLC 2019/01/24, All Rights Reserved. Published with permission by San Luis Obispo Police Department Subpoenas and Court Appearances - 188 (c)Observe all rules of the court in which they are appearing and remain alert to changes in the assigned courtroom where their matter is to be heard. 347.6.1 TESTIMONY Before the date of testifying, the subpoenaed member shall request a copy of relevant reports and become familiar with the content in order to be prepared for court. 347.7 OVERTIME APPEARANCES When a member appears in court on his/her off-duty time, he/she will be compensated in accordance with the current memorandum of understanding or collective bargaining agreement. Policy 351 San Luis Obispo Police Department San Luis Obispo PD CA Policy Manual Copyright Lexipol, LLC 2019/01/24, All Rights Reserved. Published with permission by San Luis Obispo Police Department Outside Agency Assistance - 189 Outside Agency Assistance 351.1 PURPOSE AND SCOPE The purpose of this policy is to provide guidance to members when requesting or responding to a request for mutual aid or when assisting another law enforcement agency. 351.2 POLICY It is the policy of the San Luis Obispo Police Department to promptly respond to requests for assistance by other law enforcement agencies, subject to available resources and consistent with the applicable laws and policies of this department. 351.3 ASSISTING OUTSIDE AGENCIES Generally, requests for any type of assistance from another agency should be routed to the Watch Commander’s office for approval. In some instances, a memorandum of understanding or other established protocol may exist that eliminates the need for approval of individual requests. When another law enforcement agency requests assistance from this department, the Watch Commander may authorize, if available, an appropriate number of personnel to assist. Members are reminded that their actions when rendering assistance must conform with applicable laws and be consistent with the policies of this department. Officers may respond to a request for emergency assistance, however, they shall notify a supervisor of their activity as soon as practicable. Arrestees may be temporarily detained by this department until arrangements for transportation are made by the outside agency. Probation violators who are temporarily detained by this department will not ordinarily be booked at this department. Only in exceptional circumstances, and subject to supervisor approval, will this department provide transportation of arrestees to other facilities on behalf of another agency. When transportation assistance is rendered, a report shall be prepared and submitted by the handling member unless otherwise directed by a supervisor. 351.3.1 INITIATED ACTIVITY Any on-duty officer who engages in law enforcement activities of any type that are not part of a mutual aid request and take place outside the jurisdiction of the San Luis Obispo Police Department shall notify his/her supervisor or the Watch Commander and the Communications Center as soon as practicable. This requirement does not apply to special enforcement details or multi-agency units that regularly work in multiple jurisdictions. 351.4 REQUESTING OUTSIDE ASSISTANCE If assistance is needed from another agency, the member requesting assistance should, if practicable, first notify a supervisor. The handling member or supervisor should direct assisting personnel to where they are needed and to whom they should report when they arrive. San Luis Obispo Police Department San Luis Obispo PD CA Policy Manual Outside Agency Assistance Copyright Lexipol, LLC 2019/01/24, All Rights Reserved. Published with permission by San Luis Obispo Police Department Outside Agency Assistance - 190 The requesting member should arrange for appropriate radio communication capabilities, if necessary and available, so that communication can be coordinated between assisting personnel. 351.5 REPORTING REQUIREMENTS Incidents of outside assistance or law enforcement activities that are not documented in a crime report shall be documented in a general case report or as directed by the Watch Commander. 351.6 MANDATORY SHARING Equipment and supplies purchased with federal funds or grants that require such equipment and supplies be shared with other agencies should be documented and updated as necessary by the Administration Bureau Commander or the authorized designee. The documentation should include: (a)The conditions relative to sharing. (b)The training requirements for: 1.The use of the supplies and equipment. 2.The members trained in the use of the supplies and equipment. (c)Any other requirements for use of the equipment and supplies. Copies of the documentation should be provided to the Communications Center and the Watch Commander to ensure use of the equipment and supplies is in compliance with the applicable sharing agreements. The Training Manager should maintain documentation that the appropriate members have received the required training. Policy 355 San Luis Obispo Police Department San Luis Obispo PD CA Policy Manual Copyright Lexipol, LLC 2019/01/24, All Rights Reserved. Published with permission by San Luis Obispo Police Department Registered Offender Information - 191 Registered Offender Information 355.1 PURPOSE AND SCOPE This policy establishes guidelines by which the San Luis Obispo Police Department will address issues associated with certain offenders who are residing in the jurisdiction and how the Department will disseminate information and respond to public inquiries for information about registered sex, arson and drug offenders. 355.2 POLICY It is the policy of the San Luis Obispo Police Department to identify and monitor registered offenders living within this jurisdiction and to take reasonable steps to address the risks those persons may pose. 355.3 REGISTRATION The Detective Bureau Supervisor shall establish a process to reasonably accommodate registration of certain offenders. The process should rebut any allegation on the part of the offender that the registration process was too confusing, burdensome or difficult for compliance. If it is reasonable to do so, an investigator assigned to related investigations should conduct the registration in order to best evaluate any threat the person may pose to the community. Employees assigned to register offenders should receive appropriate training regarding the registration process. Upon conclusion of the registration process, the investigator shall ensure that the registration information is provided to the California Department of Justice (DOJ) in accordance with applicable law (Health and Safety Code § 11594; Penal Code § 457.1; Penal Code § 290 et seq). The refusal of a registrant to provide any of the required information or complete the process should initiate a criminal investigation for failure to register. 355.3.1 CONTENTS OF REGISTRATION The information collected from the registering offenders shall include a signed statement as required by the California DOJ, fingerprints and a photograph and any other information required by applicable law (Health and Safety Code § 11594; Penal Code § 457.1; Penal Code § 290 et seq.). 355.4 MONITORING OF REGISTERED OFFENDERS The assigned investigator should establish a system to periodically, and at least once annually, verify that a registrant remains in compliance with his/her registration requirements after the initial registration. This verification should include: (a)Efforts to confirm residence using an unobtrusive method, such as an Internet search or drive-by of the declared residence. (b)Review of information on the California DOJ website for sex offenders. San Luis Obispo Police Department San Luis Obispo PD CA Policy Manual Registered Offender Information Copyright Lexipol, LLC 2019/01/24, All Rights Reserved. Published with permission by San Luis Obispo Police Department Registered Offender Information - 192 (c)Contact with a registrant's parole or probation officer. Any discrepancies should be reported to the California DOJ. The Investigation Unit Supervisor should also establish a procedure to routinely disseminate information regarding registered offenders to Name of your jurisdiction: Police Department personnel, including timely updates regarding new or relocated registrants. 355.5 DISSEMINATION OF PUBLIC INFORMATION Employees will not unilaterally make a public notification advising the community of a particular registrant's presence in the community. Employees who identify a significant risk or other public safety issue associated with a registrant should promptly advise their supervisor. The supervisor should evaluate the request and forward the information to the Chief of Police if warranted. A determination will be made by the Chief of Police, with the assistance of legal counsel as necessary, whether such a public alert should be made. Members of the public requesting information on sex registrants should be provided the Megan's Law website or the San Luis Obispo Police Department's website. The Records Supervisor may release local registered offender information to residents only in accordance with applicable law (Penal Code § 290.45; Penal Code § 290.46; Penal Code § 457.1; Health and Safety Code § 11594), and in compliance with a California Public Records Act (Government Code § 6250-6276.48) request. 355.5.1 LIMITED RELEASE WITHIN COLLEGE CAMPUS COMMUNITY California law allows the following additional information regarding a registered sex offender on campus, whose information is not available to the public via the Internet website, to be released to a campus community (Penal Code § 290.01(d)): (a)The offender's full name (b)The offender's known aliases (c)The offender's sex (d)The offender's race (e)The offender's physical description (f)The offender's photograph (g)The offender's date of birth (h)Crimes resulting in the registration of the offender under Penal Code § 290 (i)The date of last registration For purposes of this section, campus community shall be defined as those persons present at or regularly frequenting any place constituting campus property, satellite facilities, laboratories, public areas contiguous to the campus and other areas set forth in Penal Code § 290.01(d). San Luis Obispo Police Department San Luis Obispo PD CA Policy Manual Registered Offender Information Copyright Lexipol, LLC 2019/01/24, All Rights Reserved. Published with permission by San Luis Obispo Police Department Registered Offender Information - 193 355.5.2 RELEASE NOTIFICATIONS Registrant information that is released should include notification that: (a)The offender registry includes only those persons who have been required by law to register and who are in compliance with the offender registration laws. (b)The information is provided as a public service and may not be current or accurate. (c)Persons should not rely solely on the offender registry as a safeguard against offenses in their communities. (d)The crime for which a person is convicted may not accurately reflect the level of risk. (e)Anyone who uses information contained in the registry to harass registrants or commit any crime may be subject to criminal prosecution. (f)The purpose of the release of information is to allow members of the public to protect themselves and their children from sex offenders (Penal Code 290.45). Policy 357 San Luis Obispo Police Department San Luis Obispo PD CA Policy Manual Copyright Lexipol, LLC 2019/01/24, All Rights Reserved. Published with permission by San Luis Obispo Police Department Major Incident Notification - 194 Major Incident Notification 357.1 PURPOSE AND SCOPE The purpose of this policy is to provide guidance to members of this department in determining when, how and to whom notification of major incidents should be made. 357.2 POLICY The San Luis Obispo Police Department recognizes that certain incidents should be brought to the attention of supervisors or other specified personnel of this department to facilitate the coordination of activities and ensure that inquiries from the media and the public may be properly addressed. 357.3 MINIMUM CRITERIA FOR NOTIFICATION Most situations where the media show a strong interest are also of interest to the Chief of Police and the affected Bureau Commander. The following list of incident types is provided as a guide for notification and is not intended to be all inclusive: •Homicides •Traffic accidents with fatalities •Officer-involved shooting - on or off duty (see Officer-Involved Shootings and Deaths Policy for special notifications) •Significant injury or death to employee - on or off duty •Death of a prominent Name of your jurisdiction: official •Arrest of a department employee or prominent Name of your jurisdiction: official •Aircraft crash with major damage and/or injury or death •In-custody deaths 357.4 WATCH COMMANDER RESPONSIBILITY The Watch Commander is responsible for making the appropriate notifications. The Watch Commander shall make reasonable attempts to obtain as much information on the incident as possible before notification. The Watch Commander shall attempt to make the notifications as soon as practicable. Notification should be made by calling the home telephone number first and then by any other available contact numbers. 357.4.1 STAFF NOTIFICATION In the event an incident occurs described in the Major Incident Notification Policy, the Chief of Police shall be notified along with the affected Bureau Commander and the Detective Lieutenant if that bureau is affected. San Luis Obispo Police Department San Luis Obispo PD CA Policy Manual Major Incident Notification Copyright Lexipol, LLC 2019/01/24, All Rights Reserved. Published with permission by San Luis Obispo Police Department Major Incident Notification - 195 357.4.2 DETECTIVE NOTIFICATION If the incident requires that a detective respond from home, the immediate supervisor of the appropriate detail shall be contacted who will then contact the appropriate detective. 357.4.3 TRAFFIC BUREAU NOTIFICATION In the event of a traffic fatality or major injury, the Traffic Sergeant shall be notified who will then contact the appropriate accident investigator. The Traffic Sergeant will notify the Traffic Lieutenant. 357.4.4 PUBLIC INFORMATION OFFICER (PIO) The Public Information Officer shall be called after members of staff have been notified that it appears the media may have a significant interest in the incident. Policy 359 San Luis Obispo Police Department San Luis Obispo PD CA Policy Manual Copyright Lexipol, LLC 2019/01/24, All Rights Reserved. Published with permission by San Luis Obispo Police Department Death Investigation - 196 Death Investigation 359.1 PURPOSE AND SCOPE The investigations of cases involving death include those ranging from natural cause to homicide. Some causes of death may not be readily apparent and some cases differ substantially from what they appeared to be initially. The thoroughness of death investigations cannot be emphasized enough. 359.2 INVESTIGATION CONSIDERATIONS Death investigation cases require certain actions be taken. Paramedics shall be called in all suspected death cases unless the death is obvious (e.g., decapitated, decomposed). A supervisor shall be notified in all death investigations. 359.2.1 CORONER REQUEST Government Code § 27491 and Health & Safety Code § 102850 direct the Coroner to inquire into and determine the circumstances, manner and cause of certain deaths. The Coroner shall be called in any of the following cases: (a)Unattended deaths (No physician in attendance or during the continued absence of the attending physician. Also, includes all deaths outside hospitals and nursing care facilities). (b)Deaths where the deceased has not been attended by either a physician or a registered nurse, who is a member of a hospice care interdisciplinary team, as defined by Health and Safety Code § 1746 in the 20 days prior to death. (c)Physician unable to state the cause of death. Unwillingness does not apply. Includes all sudden, unexpected and unusual deaths and fetal deaths when the underlying cause is unknown. (d)Known or suspected homicide. (e)Known or suspected suicide. (f)Involving any criminal action or suspicion of a criminal act. Includes child and dependent adult negligence and abuse. (g)Related to or following known or suspected self-induced or criminal abortion. (h)Associated with a known or alleged rape or crime against nature. (i)Following an accident or injury (primary or contributory). Deaths known or suspected as resulting (in whole or in part) from or related to accident or injury, either old or recent. (j)Drowning, fire, hanging, gunshot, stabbing, cutting, starvation, exposure, alcoholism, drug addiction, strangulation or aspiration. (k)Accidental poisoning (food, chemical, drug, therapeutic agents). San Luis Obispo Police Department San Luis Obispo PD CA Policy Manual Death Investigation Copyright Lexipol, LLC 2019/01/24, All Rights Reserved. Published with permission by San Luis Obispo Police Department Death Investigation - 197 (l)Occupational diseases or occupational hazards. (m)Known or suspected contagious disease and constituting a public hazard. (n)All deaths in operating rooms and all deaths where a patient has not fully recovered from an anesthetic, whether in surgery, recovery room or elsewhere. (o)In prison or while under sentence. Includes all in-custody and police involved deaths. (p)All deaths of unidentified persons. (q)All deaths of state hospital patients. (r)Suspected Sudden Infant Death Syndrome (SIDS) deaths. (s)All deaths where the patient is comatose throughout the period of the physician’s attendance. Includes patients admitted to hospitals unresponsive and expire without regaining consciousness. The body shall not be disturbed or moved from the position or place of death without permission of the coroner. 359.2.2 SEARCHING DEAD BODIES The Coroner or Deputy Coroner is generally the only person permitted to search a body known to be dead from any of the circumstances set forth in Government Code § 27491. The only exception is that an officer is permitted to search the body of a person killed in a traffic collision for the limited purpose of locating an anatomical donor card (Government Code § 27491.3). If such a donor card is located, the Coroner or a designee shall be promptly notified. Should exigent circumstances indicate to an officer that any search of a known dead body is warranted prior to the arrival of the Coroner or a designee; the investigating officer shall first obtain verbal consent from the Coroner or a designee (Government Code § 27491.2). Whenever possible, a witness, preferably a relative to the deceased or a member of the household, should be requested to remain at the scene with the officer pending the arrival of the Coroner or a designee. The name and address of this person shall be included in the narrative of the death report. Whenever personal effects are removed from the body of the deceased by the Coroner or a designee, a receipt shall be obtained. This receipt shall be attached to the death report. 359.2.3 DEATH NOTIFICATION When practical, and if not handled by the Coroner's Office, notification to the next-of-kin of the deceased person shall be made, in person, by the officer assigned to the incident. If the next-of- kin lives in another jurisdiction, a law enforcement official from that jurisdiction shall be requested to make the personal notification. If the relatives live outside this county, the Coroner may be requested to make the notification. The Coroner needs to know if notification has been made. Assigned detectives may need to talk to the next-of-kin. San Luis Obispo Police Department San Luis Obispo PD CA Policy Manual Death Investigation Copyright Lexipol, LLC 2019/01/24, All Rights Reserved. Published with permission by San Luis Obispo Police Department Death Investigation - 198 359.2.4 UNIDENTIFIED DEAD BODIES If the identity of a dead body cannot be established after the Coroner arrives, the Coroner's office will issue a "John Doe" or "Jane Doe" number for the report. 359.2.5 DEATH INVESTIGATION REPORTING All incidents involving a death shall be documented on the appropriate form. 359.2.6 SUSPECTED HOMICIDE If the initially assigned officer suspects that the death involves a homicide or other suspicious circumstances, the Investigations Bureau shall be notified to determine the possible need for a detective to respond to the scene for further immediate investigation. 359.2.7 EMPLOYMENT RELATED DEATHS OR INJURIES Any member of this agency who responds to and determines that a death, serious illness, or serious injury has occurred as a result of an accident at or in connection with the victim's employment shall ensure that the nearest office of Cal-OSHA is notified by telephone immediately or as soon as practicable with all pertinent information (8 CCR 342(b)). Policy 361 San Luis Obispo Police Department San Luis Obispo PD CA Policy Manual Copyright Lexipol, LLC 2019/01/24, All Rights Reserved. Published with permission by San Luis Obispo Police Department Identity Theft - 199 Identity Theft 361.1 PURPOSE AND SCOPE Identity theft is a growing trend that frequently involves related crimes in multiple jurisdictions. This policy is intended to provide guidelines for the reporting and investigation of such crimes. 361.2 REPORTING (a)In an effort to maintain uniformity in reporting, officers presented with the crime of identity theft (Penal Code § 530.6) shall initiate a report for victims residing within the jurisdiction of this department when the crime occurred. For incidents of identity theft occurring outside this jurisdiction, officers should observe the following: 1.For any victim not residing within this jurisdiction, the officer may either take a courtesy report to be forwarded to the victim's residence agency or the victim should be encouraged to promptly report the identity theft to the law enforcement agency where he or she resides. (b)While the crime of identity theft should be reported to the law enforcement agency where the victim resides, officers of this department should investigate and report crimes occurring within this jurisdiction which have resulted from the original identity theft (e.g., the identity theft occurred elsewhere, but the credit card fraud occurred and is reported in this jurisdiction). (c)Officers should include all known incidents of fraudulent activity (e.g., credit card number applied for in victim's name when the victim has never made such an application). (d)Officers should also cross-reference all known reports made by the victim (e.g., U.S. Secret Service, credit reporting bureaus, U.S. Postal Service and DMV) with all known report numbers. (e)The reporting officer should inform victims of identity theft that the California Identity Theft Registry is available to help those who are wrongly linked to crimes. The registry can be checked by law enforcement and other authorized persons to investigate whether a criminal history or want was created in the victim's name (Penal Code § 530.7). Information regarding the California Identity Theft Registry can be obtained by calling toll free (888) 880-0240. (f)Following supervisory review and departmental processing, the initial report should be forwarded to the appropriate detective for follow up investigation, coordination with other agencies and prosecution as circumstances dictate. Policy 363 San Luis Obispo Police Department San Luis Obispo PD CA Policy Manual Copyright Lexipol, LLC 2019/01/24, All Rights Reserved. Published with permission by San Luis Obispo Police Department Private Persons Arrests - 200 Private Persons Arrests 363.1 PURPOSE AND SCOPE The purpose of this policy is to provide guidance for the handling of private person's arrests made pursuant to Penal Code § 837. 363.2 ADVISING PRIVATE PERSONS OF THE ARREST PROCESS Penal Code § 836(b) expressly mandates that all officers shall advise victims of domestic violence of the right to make a private person's arrest, including advice on how to safely execute such an arrest. In all other situations, officers should use sound discretion in determining whether or not to advise an individual of the arrest process. (a)When advising any individual regarding the right to make a private person's arrest, officers should refrain from encouraging or dissuading any individual from making such an arrest and should instead limit advice to the legal requirements for such an arrest as listed below. (b)Private individuals should be discouraged from using force to effect a private person's arrest, and absent immediate threat to their own safety or the safety of others, private individuals should be encouraged to refer matters to law enforcement officials for further investigation or arrest. 363.3 ARRESTS BY PRIVATE PERSONS Penal Code § 837 provides that a private person may arrest another: (a)For a public offense committed or attempted in his or her presence; (b)When the person arrested has committed a felony, although not in his or her presence; (c)When a felony has been in fact committed, and he or she has reasonable cause for believing the person arrested has committed it. Unlike peace officers, private persons may not make an arrest on suspicion that a felony has been committed - the felony must in fact have taken place. 363.4 OFFICER RESPONSIBILITIES Any officer presented with a private person wishing to make an arrest must determine whether or not there is reasonable cause to believe that such an arrest would be lawful (Penal Code § 847). (a)Should any officer determine that there is no reasonable cause to believe that a private person's arrest is lawful, the officer should take no action to further detain or restrain the individual beyond that which reasonably appears necessary to investigate the matter, determine the lawfulness of the arrest and protect the public safety. San Luis Obispo Police Department San Luis Obispo PD CA Policy Manual Private Persons Arrests Copyright Lexipol, LLC 2019/01/24, All Rights Reserved. Published with permission by San Luis Obispo Police Department Private Persons Arrests - 201 1.Any officer who determines that a private person's arrest appears to be unlawful should promptly release the arrested individual pursuant to Penal Code § 849(b) (1). The officer must include the basis of such a determination in a related report. 2.Absent reasonable cause to support a private person's arrest or other lawful grounds to support an independent arrest by the officer, the officer should advise the parties that no arrest will be made and that the circumstances will be documented in a related report. (b)Whenever an officer determines that there is reasonable cause to believe that a private person's arrest is lawful, the officer may exercise any of the following options: 1.Take the individual into physical custody for booking 2.Release the individual pursuant to a Notice to Appear 3.Release the individual pursuant to Penal Code § 849 363.5 REPORTING REQUIREMENTS In all circumstances in which a private person is claiming to have made an arrest, the individual shall complete and sign a department Private Person's Arrest form under penalty of perjury. In addition to the Private Person's Arrest Form (and any other related documents such as citations, booking forms, etc.), officers shall complete a narrative report regarding the circumstances and disposition of the incident. Policy 365 San Luis Obispo Police Department San Luis Obispo PD CA Policy Manual Copyright Lexipol, LLC 2019/01/24, All Rights Reserved. Published with permission by San Luis Obispo Police Department Anti-Reproductive Rights Crimes Reporting - 202 Anti-Reproductive Rights Crimes Reporting 365.1 PURPOSE AND SCOPE This policy shall establish a procedure for the mandated reporting of Anti-Reproductive Rights Crimes (ARRC) to the Attorney General pursuant to the Reproductive Rights Law Enforcement Act (Penal Code § 13775 et seq.). 365.2 DEFINITIONS Penal Code § 423.2 provides that the following acts shall be considered Anti-Reproductive Rights Crimes (ARRC) when committed by any person, except a parent or guardian acting towards his or her minor child or ward: (a)By force, threat of force, or physical obstruction that is a crime of violence, intentionally injures, intimidates, interferes with, or attempts to injure, intimidate, or interfere with any person or entity because that person or entity is a reproductive health services client, provider, or assistant, or in order to intimidate any person or entity, or any class of persons or entities, from becoming or remaining a reproductive health services client, provider, or assistant (b)By non-violent physical obstruction, intentionally injures, intimidates, or interferes with, or attempts to injure, intimidate, or interfere with, any person or entity because that person or entity is a reproductive health services client, provider, or assistant, or in order to intimidate any person or entity, or any class of persons or entities, from becoming or remaining a reproductive health services client, provider or assistant (c)Intentionally damages or destroys the property of a person, entity, or facility, or attempts to do so, because the person, entity, or facility is a reproductive health services client, provider, assistant, or facility 365.3 REPORTING REQUIREMENTS TO THE ATTORNEY GENERAL (a)Upon the receipt of the report of an ARRC, it shall be the responsibility of the employee taking such a report to also complete an ARRC Data Collection Worksheet (BCIA 8371) in accordance with the instructions contained on such forms. (b)The ARRC Data Collection Worksheet shall be processed with all related reports and forwarded to the Investigation Bureau Commander. (c)By the tenth day of each month, it shall be the responsibility of the Investigation Bureau Commander to ensure that a Summary Worksheet (BCIA 8370) is submitted to the Department of Justice Criminal Justice Statistics Center. 1.In the event that no ARRC(s) were reported during the previous month, a Summary Worksheet shall be submitted to Department of Justice with an indication that no such crimes were reported. San Luis Obispo Police Department San Luis Obispo PD CA Policy Manual Anti-Reproductive Rights Crimes Reporting Copyright Lexipol, LLC 2019/01/24, All Rights Reserved. Published with permission by San Luis Obispo Police Department Anti-Reproductive Rights Crimes Reporting - 203 2.Any ARRC(s) reported in the Summary Worksheet shall be accompanied by a copy of the related Data Collection Worksheet(s). Policy 367 San Luis Obispo Police Department San Luis Obispo PD CA Policy Manual Copyright Lexipol, LLC 2019/01/24, All Rights Reserved. Published with permission by San Luis Obispo Police Department Limited English Proficiency Services - 204 Limited English Proficiency Services 367.1 PURPOSE AND SCOPE This policy provides guidance to members when communicating with individuals with limited English proficiency (LEP) (42 USC § 2000d). 367.1.1 DEFINITIONS Definitions related to this policy include: Authorized interpreter - A person who has been screened and authorized by the Department to act as an interpreter and/or translator for others. Interpret or interpretation - The act of listening to a communication in one language (source language) and orally converting it to another language (target language), while retaining the same meaning. Limited English proficient (LEP) - Any individual whose primary language is not English and who has a limited ability to read, write, speak or understand English. These individuals may be competent in certain types of communication (e.g., speaking or understanding) but still be LEP for other purposes (e.g., reading or writing). Similarly, LEP designations are context-specific; an individual may possess sufficient English language skills to function in one setting but these skills may be insufficient in other situations. Qualified bilingual member - A member of the San Luis Obispo Police Department, designated by the Department, who has the ability to communicate fluently, directly and accurately in both English and another language. Bilingual members may be fluent enough to communicate in a non-English language but may not be sufficiently fluent to interpret or translate from one language into another. Translate or translation - The replacement of written text from one language (source language) into an equivalent written text (target language). 367.2 POLICY It is the policy of the San Luis Obispo Police Department to reasonably ensure that LEP individuals have meaningful access to law enforcement services, programs and activities, while not imposing undue burdens on its members. The Department will not discriminate against or deny any individual access to services, rights or programs based upon national origin or any other protected interest or right. 367.3 LEP COORDINATOR The Chief of Police shall delegate certain responsibilities to an LEP Coordinator. The LEP Coordinator shall be appointed by, and directly responsible to, the Operations Bureau Commander or the authorized designee. The responsibilities of the LEP Coordinator include, but are not limited to: San Luis Obispo Police Department San Luis Obispo PD CA Policy Manual Limited English Proficiency Services Copyright Lexipol, LLC 2019/01/24, All Rights Reserved. Published with permission by San Luis Obispo Police Department Limited English Proficiency Services - 205 (a)Coordinating and implementing all aspects of the San Luis Obispo Police Department's LEP services to LEP individuals. (b)Developing procedures that will enable members to access LEP services, including telephonic interpreters, and ensuring the procedures are available to all members. (c)Ensuring that a list of all qualified bilingual members and authorized interpreters is maintained and available to each Watch Commander and Communications Supervisor. The list should include information regarding the following: 1.Languages spoken 2.Contact information 3.Availability (d)Ensuring signage stating that interpreters are available free of charge to LEP individuals is posted in appropriate areas and in the most commonly spoken languages. (e)Reviewing existing and newly developed documents to determine which are vital documents and should be translated, and into which languages the documents should be translated. (f)Annually assessing demographic data and other resources, including contracted language services utilization data and community-based organizations, to determine if there are additional documents or languages that are appropriate for translation. (g)Identifying standards and assessments to be used by the Department to qualify individuals as qualified bilingual members or authorized interpreters. (h)Periodically reviewing efforts of the Department in providing meaningful access to LEP individuals, and, as appropriate, developing reports, new procedures or recommending modifications to this policy. (i)Receiving and responding to complaints regarding department LEP services. (j)Ensuring appropriate processes are in place to provide for the prompt and equitable resolution of complaints and inquiries regarding discrimination in access to department services, programs and activities. 367.4 FOUR-FACTOR ANALYSIS Since there are many different languages that members could encounter, the Department will utilize the four-factor analysis outlined in the U.S. Department of Justice (DOJ) Guidance to Federal Financial Assistance Recipients, available at the DOJ website, to determine which measures will provide meaningful access to its services and programs. It is recognized that law enforcement contacts and circumstances will vary considerably. This analysis, therefore, must remain flexible and will require an ongoing balance of four factors, which are: San Luis Obispo Police Department San Luis Obispo PD CA Policy Manual Limited English Proficiency Services Copyright Lexipol, LLC 2019/01/24, All Rights Reserved. Published with permission by San Luis Obispo Police Department Limited English Proficiency Services - 206 (a)The number or proportion of LEP individuals eligible to be served or likely to be encountered by department members, or who may benefit from programs or services within the jurisdiction of the Department or a particular geographic area. (b)The frequency with which LEP individuals are likely to come in contact with department members, programs or services. (c)The nature and importance of the contact, program, information or service provided. (d)The cost of providing LEP assistance and the resources available. 367.5 TYPES OF LEP ASSISTANCE AVAILABLE San Luis Obispo Police Department members should never refuse service to an LEP individual who is requesting assistance, nor should they require an LEP individual to furnish an interpreter as a condition for receiving assistance. The Department will make every reasonable effort to provide meaningful and timely assistance to LEP individuals through a variety of services. The Department will utilize all reasonably available tools, such as language identification cards, when attempting to determine an LEP individual's primary language. LEP individuals may choose to accept department-provided LEP services at no cost or they may choose to provide their own. Department-provided LEP services may include, but are not limited to, the assistance methods described in this policy. 367.6 WRITTEN FORMS AND GUIDELINES Vital documents or those that are frequently used should be translated into languages most likely to be encountered. The LEP Coordinator will arrange to make these translated documents available to members and other appropriate individuals, as necessary. 367.7 AUDIO RECORDINGS The Department may develop audio recordings of important or frequently requested information in a language most likely to be understood by those LEP individuals who are representative of the community being served. 367.8 QUALIFIED BILINGUAL MEMBERS Bilingual members may be qualified to provide LEP services when they have demonstrated through established department procedures a sufficient level of skill and competence to fluently communicate in both English and a non-English language. Members utilized for LEP services must demonstrate knowledge of the functions of an interpreter/translator and the ethical issues involved when acting as a language conduit. Additionally, bilingual members must be able to communicate technical and law enforcement terminology, and be sufficiently proficient in the non-English language to perform complicated tasks, such as conducting interrogations, taking statements, collecting evidence or conveying rights or responsibilities. San Luis Obispo Police Department San Luis Obispo PD CA Policy Manual Limited English Proficiency Services Copyright Lexipol, LLC 2019/01/24, All Rights Reserved. Published with permission by San Luis Obispo Police Department Limited English Proficiency Services - 207 When a qualified bilingual member from this department is not available, personnel from other City departments, who have been identified by the Department as having the requisite skills and competence, may be requested. 367.9 AUTHORIZED INTERPRETERS Any person designated by the Department to act as an authorized interpreter and/or translator must have demonstrated competence in both English and the involved non-English language, must have an understanding of the functions of an interpreter that allows for correct and effective translation, and should not be a person with an interest in the department case or investigation involving the LEP individual. A person providing interpretation or translation services may be required to establish the accuracy and trustworthiness of the interpretation or translation in a court proceeding. Authorized interpreters must pass a screening process established by the LEP Coordinator which demonstrates that their skills and abilities include: (a)The competence and ability to communicate information accurately in both English and in the target language. (b)Knowledge, in both languages, of any specialized terms or concepts peculiar to this department and of any particularized vocabulary or phraseology used by the LEP individual. (c)The ability to understand and adhere to the interpreter role without deviating into other roles, such as counselor or legal adviser. (d)Knowledge of the ethical issues involved when acting as a language conduit. 367.9.1 SOURCES OF AUTHORIZED INTERPRETERS The Department may contract with authorized interpreters who are available over the telephone. Members may use these services with the approval of a supervisor and in compliance with established procedures. Other sources may include: •Qualified bilingual members of this department or personnel from other City departments. •Individuals employed exclusively to perform interpretation services. •Contracted in-person interpreters, such as state or federal court interpreters, among others. •Interpreters from other agencies who have been qualified as interpreters by this department, and with whom the Department has a resource-sharing or other arrangement that they will interpret according to department guidelines. San Luis Obispo Police Department San Luis Obispo PD CA Policy Manual Limited English Proficiency Services Copyright Lexipol, LLC 2019/01/24, All Rights Reserved. Published with permission by San Luis Obispo Police Department Limited English Proficiency Services - 208 367.9.2 COMMUNITY VOLUNTEERS AND OTHER SOURCES OF LANGUAGE ASSISTANCE Language assistance may be available from community volunteers who have demonstrated competence in either monolingual (direct) communication and/or in interpretation or translation (as noted in above), and have been approved by the Department to communicate with LEP individuals. Where qualified bilingual members or other authorized interpreters are unavailable to assist, approved community volunteers who have demonstrated competence may be called upon when appropriate. However, department members must carefully consider the nature of the contact and the relationship between the LEP individual and the volunteer to ensure that the volunteer can provide neutral and unbiased assistance. While family or friends of an LEP individual may offer to assist with communication or interpretation, members should carefully consider the circumstances before relying on such individuals. For example, children should not be relied upon except in exigent or very informal and non-confrontational situations. 367.10 CONTACT AND REPORTING While all law enforcement contacts, services and individual rights are important, this department will utilize the four-factor analysis to prioritize service to LEP individuals so that such services may be targeted where they are most needed, according to the nature and importance of the particular law enforcement activity involved. Whenever any member of this department is required to complete a report or other documentation, and interpretation services are provided to any involved LEP individual, such services should be noted in the related report. Members should document the type of interpretation services utilized and whether the individual elected to use services provided by the Department or some other identified source. 367.11 RECEIVING AND RESPONDING TO REQUESTS FOR ASSISTANCE The San Luis Obispo Police Department will take reasonable steps and will work with the Department of Human Resources to develop in-house language capacity by hiring or appointing qualified members proficient in languages representative of the community being served. 367.11.1 EMERGENCY CALLS TO 9-1-1 Department members will make every reasonable effort to promptly accommodate LEP individuals utilizing 9-1-1 lines. When a 9-1-1 call-taker receives a call and determines that the caller is an LEP individual, the call-taker shall quickly determine whether sufficient information can be obtained to initiate an appropriate emergency response. If language assistance is still needed, the language is known and a qualified bilingual member is available in the Communications Center, the call shall immediately be handled by the qualified bilingual member. If a qualified bilingual member is not available or the call-taker is unable to identify the caller's language, the call-taker will contact the contracted telephone interpretation service and establish a three-way call between the call-taker, the LEP individual and the interpreter. San Luis Obispo Police Department San Luis Obispo PD CA Policy Manual Limited English Proficiency Services Copyright Lexipol, LLC 2019/01/24, All Rights Reserved. Published with permission by San Luis Obispo Police Department Limited English Proficiency Services - 209 Dispatchers will make every reasonable effort to dispatch a qualified bilingual member to the assignment, if available and appropriate. While 9-1-1 calls shall receive top priority, reasonable efforts should also be made to accommodate LEP individuals seeking routine access to services and information by utilizing the resources listed in this policy. 367.12 FIELD ENFORCEMENT Field enforcement will generally include such contacts as traffic stops, pedestrian stops, serving warrants and restraining orders, crowd/traffic control and other routine field contacts that may involve LEP individuals. The scope and nature of these activities and contacts will inevitably vary. Members and/or supervisors must assess each situation to determine the need and availability of language assistance to all involved LEP individuals and utilize the methods outlined in this policy to provide such assistance. Although not every situation can be addressed in this policy, it is important that members are able to effectively communicate the reason for a contact, the need for information and the meaning or consequences of any enforcement action. For example, it would be meaningless to request consent to search if the officer is unable to effectively communicate with an LEP individual. If available, officers should obtain the assistance of a qualified bilingual member or an authorized interpreter before placing an LEP individual under arrest. 367.13 INVESTIGATIVE FIELD INTERVIEWS In any situation where an interview may reveal information that could be used as the basis for arrest or prosecution of an LEP individual and a qualified bilingual member is unavailable or lacks the skills to directly communicate with the LEP individual, an authorized interpreter should be used. This includes interviews conducted during an investigation with victims, witnesses and suspects. In such situations, audio recordings of the interviews should be made when reasonably possible. Identification and contact information for the interpreter (e.g., name, address) should be documented so that the person can be subpoenaed for trial if necessary. If an authorized interpreter is needed, officers should consider calling for an authorized interpreter in the following order: •An authorized department member or allied agency interpreter •An authorized telephone interpreter •Any other authorized interpreter Any Miranda warnings shall be provided to suspects in their primary language by an authorized interpreter or, if the suspect is literate, by providing a translated Miranda warning card. The use of an LEP individual's bilingual friends, family members, children, neighbors or bystanders may be used only when a qualified bilingual member or authorized interpreter is unavailable and there is an immediate need to interview an LEP individual. San Luis Obispo Police Department San Luis Obispo PD CA Policy Manual Limited English Proficiency Services Copyright Lexipol, LLC 2019/01/24, All Rights Reserved. Published with permission by San Luis Obispo Police Department Limited English Proficiency Services - 210 367.14 CUSTODIAL INTERROGATIONS Miscommunication during custodial interrogations may have a substantial impact on the evidence presented in a criminal prosecution. Only qualified bilingual members or, if none is available or appropriate, authorized interpreters shall be used during custodial interrogations. Miranda warnings shall be provided to suspects in their primary language by the qualified bilingual member or an authorized interpreter. In order to ensure that translations during custodial interrogations are accurately documented and are admissible as evidence, interrogations should be recorded whenever reasonably possible. See guidance on recording custodial interrogations in the Investigation and Prosecution Policy. 367.15 BOOKINGS When gathering information during the booking process, members should remain alert to the impediments that language barriers can create. In the interest of the arrestee's health and welfare, the safety and security of the facility, and to protect individual rights, it is important that accurate medical screening and booking information be obtained. Members should seek the assistance of a qualified bilingual member whenever there is concern that accurate information cannot be obtained or that booking instructions may not be properly understood by an LEP individual. 367.16 COMPLAINTS The Department shall ensure that LEP individuals who wish to file a complaint regarding members of this department are able to do so. The Department may provide an authorized interpreter or translated forms, as appropriate. Complaints will be referred to the LEP Coordinator. Investigations into such complaints shall be handled in accordance with the Personnel Complaints Policy. Authorized interpreters used for any interview with an LEP individual during an investigation should not be members of this department. Any notice required to be sent to an LEP individual as a complaining party pursuant to the Personnel Complaints Policy should be translated or otherwise communicated in a language- accessible manner. 367.17 COMMUNITY OUTREACH Community outreach programs and other such services offered by this department are important to the ultimate success of more traditional law enforcement duties. This department will continue to work with community groups, local businesses and neighborhoods to provide equal access to such programs and services. 367.18 TRAINING To ensure that all members who may have contact with LEP individuals are properly trained, the Department will provide periodic training on this policy and related procedures, including how to access department-authorized telephonic and in-person interpreters and other available resources. San Luis Obispo Police Department San Luis Obispo PD CA Policy Manual Limited English Proficiency Services Copyright Lexipol, LLC 2019/01/24, All Rights Reserved. Published with permission by San Luis Obispo Police Department Limited English Proficiency Services - 211 The Training Manager shall be responsible for ensuring new members receive LEP training. Those who may have contact with LEP individuals should receive refresher training at least once every two years thereafter. The Training Manager shall maintain records of all LEP training provided, and will retain a copy in each member's training file in accordance with established records retention schedules. 367.18.1 TRAINING FOR AUTHORIZED INTERPRETERS All members on the authorized interpreter list must successfully complete prescribed interpreter training. To complete interpreter training successfully, an interpreter must demonstrate proficiency in and ability to communicate information accurately in both English and in the target language, demonstrate knowledge in both languages of any specialized terms or phraseology, and understand and adhere to the interpreter role without deviating into other roles, such as counselor or legal adviser. Members on the authorized interpreter list must receive refresher training annually or they will be removed from the authorized interpreter list. This annual training should include language skills competency (including specialized terminology) and ethical considerations. The Training Manager shall be responsible for coordinating the annual refresher training and will maintain a record of all training the interpreters have received. Policy 369 San Luis Obispo Police Department San Luis Obispo PD CA Policy Manual Copyright Lexipol, LLC 2019/01/24, All Rights Reserved. Published with permission by San Luis Obispo Police Department Communications with Persons with Disabilities - 212 Communications with Persons with Disabilities 369.1 PURPOSE AND SCOPE This policy provides guidance to members when communicating with individuals with disabilities, including those who are deaf or hard of hearing, have impaired speech or vision, or are blind. 369.1.1 DEFINITIONS Definitions related to this policy include: Auxiliary aids - Tools used to communicate with people who have a disability or impairment. They include, but are not limited to, the use of gestures or visual aids to supplement oral communication; a notepad and pen or pencil to exchange written notes; a computer or typewriter; an assistive listening system or device to amplify sound; a teletypewriter (TTY) or videophones (video relay service or VRS); taped text; qualified readers; or a qualified interpreter. Disability or impairment - A physical or mental impairment that substantially limits a major life activity, including hearing or seeing, regardless of whether the disabled person uses assistive or adaptive devices or auxiliary aids. Individuals who wear ordinary eyeglasses or contact lenses are not considered to have a disability (42 USC § 12102). Qualified interpreter - A person who is able to interpret effectively, accurately and impartially, both receptively and expressively, using any necessary specialized vocabulary. Qualified interpreters include oral interpreters, translators, sign language interpreters and intermediary interpreters. 369.2 POLICY It is the policy of the San Luis Obispo Police Department to reasonably ensure that people with disabilities, including victims, witnesses, suspects and arrestees have equal access to law enforcement services, programs and activities. Members must make efforts to communicate effectively with individuals with disabilities. The Department will not discriminate against or deny any individual access to services, rights or programs based upon disabilities. 369.3 AMERICANS WITH DISABILITIES (ADA) COORDINATOR The Chief of Police shall delegate certain responsibilities to an ADA Coordinator (28 CFR 35.107). The ADA Coordinator shall be appointed by, and directly responsible, to the Operations Bureau Commander or the authorized designee. The responsibilities of the ADA Coordinator shall include, but not be limited to: (a)Working with the City ADA coordinator regarding the San Luis Obispo Police Department’s efforts to ensure equal access to services, programs and activities. (b)Developing reports, new procedures, or recommending modifications to this policy. San Luis Obispo Police Department San Luis Obispo PD CA Policy Manual Communications with Persons with Disabilities Copyright Lexipol, LLC 2019/01/24, All Rights Reserved. Published with permission by San Luis Obispo Police Department Communications with Persons with Disabilities - 213 (c)Acting as a liaison with local disability advocacy groups or other disability groups regarding access to department services, programs and activities. (d)Ensuring that a list of qualified interpreter services is maintained and available to each Watch Commander and Communications Supervisor. The list should include information regarding the following: 1.Contact information 2.Availability (e)Developing procedures that will enable members to access auxiliary aids or services, including qualified interpreters, and ensure the procedures are available to all members. (f)Ensuring signage is posted in appropriate areas, indicating that auxiliary aids are available free of charge to people with disabilities. (g)Ensuring appropriate processes are in place to provide for the prompt and equitable resolution of complaints and inquiries regarding discrimination in access to department services, programs and activities. 369.4 FACTORS TO CONSIDER Because the nature of any law enforcement contact may vary substantially from one situation to the next, members of this department should consider all information reasonably available to them when determining how to communicate with an individual with a disability. Members should carefully balance all known factors in an effort to reasonably ensure people who are disabled have equal access to services, programs and activities. These factors may include, but are not limited to: (a)Members should not always assume that effective communication is being achieved. The fact that an individual appears to be nodding in agreement does not always mean he/she completely understands the message. When there is any doubt, members should ask the individual to communicate back or otherwise demonstrate their understanding. (b)The nature of the disability (e.g., deafness or blindness vs. hard of hearing or low vision). (c)The nature of the law enforcement contact (e.g., emergency vs. non-emergency, custodial vs. consensual contact). (d)The availability of auxiliary aids. The fact that a particular aid is not available does not eliminate the obligation to reasonably ensure access. However, in an emergency, availability may factor into the type of aid used. San Luis Obispo Police Department San Luis Obispo PD CA Policy Manual Communications with Persons with Disabilities Copyright Lexipol, LLC 2019/01/24, All Rights Reserved. Published with permission by San Luis Obispo Police Department Communications with Persons with Disabilities - 214 369.5 INITIAL AND IMMEDIATE CONSIDERATIONS Recognizing that various law enforcement encounters may be potentially volatile and/or emotionally charged, members should remain alert to the possibility of communication problems. Members should exercise special care in the use of all gestures, and verbal and written communication to minimize initial confusion and misunderstanding when dealing with any individual with known or suspected disabilities. In a non-emergency situation, when a member knows or suspects an individual requires assistance to effectively communicate, the member shall identify the individual’s choice of auxiliary aid or service. The individual’s preferred communication method must be honored unless another effective method of communication exists under the circumstances (28 CFR 35.160). Factors to consider when determining whether an alternative method is effective include: (a)The methods of communication usually used by the individual. (b)The nature, length and complexity of the communication involved. (c)The context of the communication. In emergency situations involving an imminent threat to the safety or welfare of any person, members may use whatever auxiliary aids and services that reasonably appear effective under the circumstances. This may include, for example, exchanging written notes or using the services of a person who knows sign language but is not a qualified interpreter, even if the person who is deaf or hard of hearing would prefer a qualified sign language interpreter or another appropriate auxiliary aid or service. Once the emergency has ended, the continued method of communication should be reconsidered. The member should inquire as to the individual's preference and give primary consideration to that preference. If an individual who is deaf, hard of hearing or has impaired speech must be handcuffed while in the custody of the San Luis Obispo Police Department, consideration should be given, safety permitting, to placing the handcuffs in the front of the body to facilitate communication using sign language or writing. 369.6 TYPES OF ASSISTANCE AVAILABLE San Luis Obispo Police Department members shall never refuse to assist an individual with disabilities who is requesting assistance. The Department will not charge anyone to receive auxiliary aids, nor shall they require anyone to furnish their own auxiliary aid or service as a condition for receiving assistance. The Department will make every reasonable effort to provide equal access and timely assistance to individuals who are disabled through a variety of services. A person who is disabled may choose to accept department-provided auxiliary aids or services or they may choose to provide their own. San Luis Obispo Police Department San Luis Obispo PD CA Policy Manual Communications with Persons with Disabilities Copyright Lexipol, LLC 2019/01/24, All Rights Reserved. Published with permission by San Luis Obispo Police Department Communications with Persons with Disabilities - 215 Department-provided auxiliary aids or services may include, but are not limited to, the assistance methods described in this policy. 369.7 AUDIO RECORDINGS AND ENLARGED PRINT The Department may develop audio recordings to assist people who are blind or have a visual impairment with accessing important information. If such a recording is not available, members may read aloud from the appropriate form, for example a personnel complaint form, or provide forms with enlarged print. 369.8 QUALIFIED INTERPRETERS A qualified interpreter may be needed in lengthy or complex transactions (e.g., interviewing a victim, witness, suspect or arrestee), if the individual to be interviewed normally relies on sign language or speechreading (lip-reading) to understand what others are saying. The qualified interpreter should not be a person with an interest in the case or investigation involving the disabled individual. A person providing interpretation services may be required to establish the accuracy and trustworthiness of the interpretation in a court proceeding. Qualified interpreters should be: (a)Available within a reasonable amount of time but in no event longer than one hour if requested. (b)Experienced in providing interpretation services related to law enforcement matters. (c)Familiar with the use of VRS and/or video remote interpreting services. (d)Certified in either American Sign Language (ASL) or Signed English (SE). (e)Able to understand and adhere to the interpreter role without deviating into other roles, such as counselor or legal adviser. (f)Knowledgeable of the ethical issues involved when providing interpreter services. Members should use department-approved procedures to request a qualified interpreter at the earliest reasonable opportunity, and generally not more than 15 minutes after a request for an interpreter has been made or it is reasonably apparent that an interpreter is needed. No individual who is disabled shall be required to provide his/her own interpreter (28 CFR 35.160). 369.9 TTY AND RELAY SERVICES In situations where an individual without a disability would have access to a telephone (e.g., booking or attorney contacts), members must also provide those who are deaf, hard of hearing or have impaired speech the opportunity to place calls using an available TTY (also known as a telecommunications device for deaf people, or TDD). Members shall provide additional time, as needed, for effective communication due to the slower nature of TTY and TDD communications. San Luis Obispo Police Department San Luis Obispo PD CA Policy Manual Communications with Persons with Disabilities Copyright Lexipol, LLC 2019/01/24, All Rights Reserved. Published with permission by San Luis Obispo Police Department Communications with Persons with Disabilities - 216 The Department will accept all TTY or TDD calls placed by those who are deaf or hard of hearing and received via a telecommunications relay service (28 CFR 35.162). Note that relay services translate verbatim, so the conversation must be conducted as if speaking directly to the caller. 369.10 COMMUNITY VOLUNTEERS Interpreter services may be available from community volunteers who have demonstrated competence in communication services, such as ASL or SE, and have been approved by the Department to provide interpreter services. Where qualified interpreters are unavailable to assist, approved community volunteers who have demonstrated competence may be called upon when appropriate. However, department members must carefully consider the nature of the contact and the relationship between the individual with the disability and the volunteer to ensure that the volunteer can provide neutral and unbiased assistance. 369.11 FAMILY AND FRIENDS While family or friends may offer to assist with interpretation, members should carefully consider the circumstances before relying on such individuals. The nature of the contact and relationship between the individual with the disability and the person offering services must be carefully considered (e.g., victim/suspect). Children shall not be relied upon except in emergency or critical situations when there is no qualified interpreter reasonably available. Adults may be relied upon when (28 CFR 35.160): (a)There is an emergency or critical situation and there is no qualified interpreter reasonably available. (b)The person with the disability requests that the adult interpret or facilitate communication and the adult agrees to provide such assistance, and reliance on that adult for such assistance is reasonable under the circumstances. 369.12 REPORTING Whenever any member of this department is required to complete a report or other documentation, and communication assistance has been provided, such services should be noted in the related report. Members should document the type of communication services utilized and whether the individual elected to use services provided by the Department or some other identified source. If the individual’s express preference is not honored, the member must document why another method of communication was used. All written communications exchanged in a criminal case shall be attached to the report or placed into evidence. San Luis Obispo Police Department San Luis Obispo PD CA Policy Manual Communications with Persons with Disabilities Copyright Lexipol, LLC 2019/01/24, All Rights Reserved. Published with permission by San Luis Obispo Police Department Communications with Persons with Disabilities - 217 369.13 FIELD ENFORCEMENT Field enforcement will generally include such contacts as traffic stops, pedestrian stops, serving warrants and restraining orders, crowd/traffic control and other routine field contacts that may involve individuals with disabilities. The scope and nature of these activities and contacts will inevitably vary. The Department recognizes that it would be virtually impossible to provide immediate access to complete communication services to every member of this department. Members and/or supervisors must assess each situation and consider the length, complexity and importance of the communication, as well as the individual’s preferred method of communication, when determining the type of resources to use and whether a qualified interpreter is needed. Although not every situation can be addressed in this policy, it is important that members are able to effectively communicate the reason for a contact, the need for information and the meaning or consequences of any enforcement action. For example, it would be meaningless to verbally request consent to search if the officer is unable to effectively communicate with an individual who is deaf or hard of hearing and requires communications assistance. If available, officers should obtain the assistance of a qualified interpreter before placing an individual with a disability under arrest. Individuals who are arrested and are assisted by service animals should be permitted to make arrangements for the care of such animals prior to transport. 369.13.1 FIELD RESOURCES Examples of methods that may be sufficient for transactions, such as checking a license or giving directions to a location or for urgent situations such as responding to a violent crime in progress, may, depending on the circumstances, include such simple things as: (a)Hand gestures or visual aids with an individual who is deaf, hard of hearing or has impaired speech. (b)Exchange of written notes or communications. (c)Verbal communication with an individual who can speechread by facing the individual and speaking slowly and clearly. (d)Use of computer, word processing, personal communication device or similar device to exchange texts or notes. (e)Slowly and clearly speaking or reading simple terms to individuals who have a visual or mental impairment. Members should be aware that these techniques may not provide effective communication as required by law and this policy depending on the circumstances. 369.14 CUSTODIAL INTERROGATIONS In an effort to ensure that the rights of individuals who are deaf, hard of hearing or have speech impairment are protected during a custodial interrogation, this department will provide interpreter services before beginning an interrogation, unless exigent circumstances exist or the individual San Luis Obispo Police Department San Luis Obispo PD CA Policy Manual Communications with Persons with Disabilities Copyright Lexipol, LLC 2019/01/24, All Rights Reserved. Published with permission by San Luis Obispo Police Department Communications with Persons with Disabilities - 218 has made a clear indication that he/she understands the process and desires to proceed without an interpreter. The use of a video remote interpreting service should be considered, where appropriate, if a live interpreter is not available. Miranda warnings shall be provided to suspects who are deaf or hard of hearing by a qualified interpreter or by providing a written Miranda warning card. In order to ensure that communications during custodial investigations are accurately documented and are admissible as evidence, interrogations should be recorded whenever reasonably possible. See guidance on recording custodial interrogations in the Investigation and Prosecution Policy. 369.15 ARREST AND BOOKINGS If an individual with speech or hearing disabilities is arrested, the arresting officer shall use department-approved procedures to provide a qualified interpreter at the place of arrest or booking as soon as reasonably practicable, unless the individual indicates that he/she prefers a different auxiliary aid or service or the officer reasonably determines another effective method of communication exists under the circumstances. When gathering information during the booking process, members should remain alert to the impediments that often exist when communicating with those who are deaf, hard of hearing, who have impaired speech or vision, are blind, or have other disabilities. In the interest of the arrestee’s health and welfare, the safety and security of the facility and to protect individual rights, it is important that accurate medical screening and booking information be obtained. If necessary, members should seek the assistance of a qualified interpreter whenever there is concern that accurate information cannot be obtained or that booking instructions may not be properly understood by the individual. Individuals who require and possess personally owned communication aids (e.g., hearing aids, cochlear processors) should be permitted to retain them while in custody. 369.16 COMPLAINTS The Department shall ensure that individuals with disabilities who wish to file a complaint regarding members of this department are able to do so. The Department may provide a qualified interpreter or forms in enlarged print, as appropriate. Complaints will be referred to the department ADA Coordinator. Investigations into such complaints shall be handled in accordance with the Personnel Complaints Policy. Qualified interpreters used during the investigation of a complaint should not be members of this Department. 369.17 COMMUNITY OUTREACH Community outreach programs and other such services offered by this department are important to the ultimate success of more traditional law enforcement duties. This department will continue to work with community groups, local businesses and neighborhoods to provide equal access to such programs and services. San Luis Obispo Police Department San Luis Obispo PD CA Policy Manual Communications with Persons with Disabilities Copyright Lexipol, LLC 2019/01/24, All Rights Reserved. Published with permission by San Luis Obispo Police Department Communications with Persons with Disabilities - 219 369.18 TRAINING To ensure that all members who may have contact with individuals who are disabled are properly trained, the Department will provide periodic training that should include: (a)Awareness and understanding of this policy and related procedures, related forms and available resources. (b)Procedures for accessing qualified interpreters and other available resources. (c)Working with in-person and telephone interpreters and related equipment. The Training Manager shall be responsible for ensuring new members receive training related to interacting with individuals who have disabilities, including individuals who are deaf, hard of hearing, who have impaired speech or vision, or are blind. Those who may have contact with such individuals should receive refresher training at least once every two years thereafter. The Training Manager shall maintain records of all training provided, and will retain a copy in each member’s training file in accordance with established records retention schedules. 369.18.1 CALL-TAKER TRAINING Emergency call-takers shall be trained in the use of TTY equipment protocols for communicating with individuals who are deaf, hard of hearing or who have speech impairments. Such training and information should include: (a)The requirements of the ADA and Section 504 of the Rehabilitation Act for telephone emergency service providers. (b)ASL syntax and accepted abbreviations. (c)Practical instruction on identifying and processing TTY or TDD calls, including the importance of recognizing silent TTY or TDD calls, using proper syntax, abbreviations and protocol when responding to TTY or TDD calls. (d)Hands-on experience in TTY and TDD communications, including identification of TTY or TDD tones. Training should be mandatory for all the Communications Center members who may have contact with individuals from the public who are deaf, hard of hearing or have impaired speech. Refresher training should occur every six months. Policy 371 San Luis Obispo Police Department San Luis Obispo PD CA Policy Manual Copyright Lexipol, LLC 2019/01/24, All Rights Reserved. Published with permission by San Luis Obispo Police Department Mandatory Employer Notification - 220 Mandatory Employer Notification 371.1 PURPOSE AND SCOPE The purpose of this policy is to describe the requirements and procedures to follow when a public or private school employee (teacher and non-teacher) has been arrested under certain circumstances. 371.2 MANDATORY SCHOOL EMPLOYEE ARREST REPORTING In the event a school employee is arrested for any offense enumerated below, the Chief of Police or his/her designee is required to report the arrest as follows. 371.2.1 ARREST OF PUBLIC SCHOOL TEACHER In the event a public school teacher is arrested for any controlled substance offense enumerated in Health and Safety Code § 11590 or Health and Safety Code § 11364, in so far as that section relates to Health and Safety Code § 11054(d)(12), or for any of the offenses enumerated in Penal Code § 290, Penal Code § 261(a) or Education Code § 44010, the Chief of Police or his/her designee is mandated to immediately notify by telephone the superintendent of the school district employing the teacher and to immediately give written notice of the arrest to the Commission on Teacher Credentialing and to the superintendent of schools in the county where the person is employed (Health and Safety Code § 11591; Penal Code § 291). 371.2.2 ARREST OF PUBLIC SCHOOL NON-TEACHER EMPLOYEE In the event a public school non-teacher employee is arrested for any controlled substance offense enumerated in Health and Safety Code § 11590 or Health and Safety Code § 11364, in so far as that section relates to Health and Safety Code § 11054(d)(12), or for any of the offenses enumerated in Penal Code § 290, Penal Code § 261(a) or Education Code § 44010, the Chief of Police or his/her designee is mandated to immediately notify by telephone the superintendent of the school district employing the non-teacher and to immediately give written notice of the arrest to the governing board of the school district employing the person (Health and Safety Code § 11591; Penal Code § 291). 371.2.3 ARREST OF PRIVATE SCHOOL TEACHER In the event a private school teacher is arrested for any controlled substance offense enumerated in Health and Safety Code § 11590 or Health and Safety Code § 11364, in so far as that section relates to Health and Safety Code § 11054(d)(12), or for any of the offenses enumerated in Penal Code § 290 or Education Code § 44010, the Chief of Police or his/her designee is mandated to immediately notify by telephone the private school authority employing the teacher and to immediately give written notice of the arrest to the private school authority employing the teacher (Health and Safety Code § 11591; Penal Code § 291.1). San Luis Obispo Police Department San Luis Obispo PD CA Policy Manual Mandatory Employer Notification Copyright Lexipol, LLC 2019/01/24, All Rights Reserved. Published with permission by San Luis Obispo Police Department Mandatory Employer Notification - 221 371.2.4 ARREST OF COMMUNITY COLLEGE INSTRUCTOR In the event a teacher or instructor employed in a community college district school is arrested for any controlled substance offense enumerated in Health and Safety Code § 11590 or Health and Safety § 11364, in so far as that section relates to Health and Safety Code § 11054(d)(9), or for any of the offenses enumerated in Penal Code § 290 or in Penal Code § 261(a)(1), the Chief of Police or the authorized designee is mandated to immediately notify by telephone the superintendent of the community college district employing the person, and shall immediately give written notice of the arrest to the California Community Colleges Chancellor’s Office (Health and Safety Code § 11591.5; Penal Code § 291.5). 371.3 POLICY The San Luis Obispo Police Department will meet the reporting requirements of California law to minimize the risks to children and others. 371.4 ARREST OF PERSONS EMPLOYED IN COMMUNITY CARE FACILITIES In the event an employee of a community treatment facility, a day treatment facility, a group home, a short-term residential therapeutic program or a foster family agency is arrested for child abuse (as defined in Penal Code § 11165.6) and the employee is free to return to work where children are present, the investigating member shall notify the licensee of the charge of abuse (Health and Safety Code § 1522.2). Policy 375 San Luis Obispo Police Department San Luis Obispo PD CA Policy Manual Copyright Lexipol, LLC 2019/01/24, All Rights Reserved. Published with permission by San Luis Obispo Police Department Chaplains - 222 Chaplains 375.1 PURPOSE AND SCOPE This policy establishes the guidelines for San Luis Obispo Police Department chaplains to provide counseling or emotional support to members of the Department, their families and members of the public. 375.2 POLICY The San Luis Obispo Police Department shall ensure that department chaplains are properly appointed, trained and supervised to carry out their responsibilities without financial compensation. 375.3 ELIGIBILITY Requirements for participation as a chaplain for the Department may include, but are not limited to: (a)Being above reproach, temperate, prudent, respectable, hospitable, able to teach, be free from addiction to alcohol or other drugs, and excessive debt. (b)Managing their households, families and personal affairs well. (c)Having a good reputation in the community. (d)Successful completion of an appropriate-level background investigation. (e)A minimum of five years of successful counseling experience. (f)Possession of a valid driver license. The Chief of Police may apply exceptions for eligibility based on organizational needs and the qualifications of the individual. 375.4 RECRUITMENT, SELECTION AND APPOINTMENT The San Luis Obispo Police Department shall endeavor to recruit and appoint only interested candidates who meet the high ethical, moral and professional standards set forth by this department. The department will have a maximum of two chaplains at anytime unless extended by the COP. All applicants shall be required to meet and pass the same pre-employment procedures as department personnel before appointment. 375.4.1 SELECTION AND APPOINTMENT Chaplain candidates shall successfully complete the following process prior to appointment as a chaplain: (a)Submit an appropriate written letter of interest. (b)Include a recommendation from employers or volunteer programs. (c)Interview with the Chief of Police and the chaplain coordinator. San Luis Obispo Police Department San Luis Obispo PD CA Policy Manual Chaplains Copyright Lexipol, LLC 2019/01/24, All Rights Reserved. Published with permission by San Luis Obispo Police Department Chaplains - 223 (d)Successfully complete an appropriate-level background investigation. (e)Complete an appropriate probationary period as designated by the Chief of Police. Chaplains are volunteers and serve at the discretion of the Chief of Police. Chaplains shall have no property interest in continued appointment. However, if a chaplain is removed for alleged misconduct, the chaplain will be afforded an opportunity solely to clear his/her name through a liberty interest hearing, which shall be limited to a single appearance before the Chief of Police or the authorized designee. 375.5 IDENTIFICATION AND UNIFORMS As representatives of the Department, chaplains are responsible for presenting a professional image to the community. Chaplains shall dress appropriately for the conditions and performance of their duties. Identification symbols worn by chaplains shall be different and distinct from those worn by officers through the inclusion of "Chaplain" on the uniform and not reflect any religious affiliation. Chaplains will be issued San Luis Obispo Police Department identification cards, which must be carried at all times while on-duty. The identification cards will be the standard San Luis Obispo Police Department identification cards, with the exception that “Chaplain” will be indicated on the cards. Chaplains shall be required to return any issued uniforms or department property at the termination of service. 375.6 CHAPLAIN COORDINATOR The Chief of Police shall delegate certain responsibilities to a chaplain coordinator. The coordinator shall be appointed by and directly responsible to the Administration Bureau Commander or the authorized designee. The chaplain coordinator shall serve as the liaison between the chaplains and the Chief of Police. The function of the coordinator is to provide a central coordinating point for effective chaplain management within the Department, and to direct and assist efforts to jointly provide more productive chaplain services. Under the general direction of the Chief of Police or the authorized designee, chaplains shall report to the chaplain coordinator and/or Watch Commander. The chaplain coordinator may appoint a senior chaplain or other designee to assist in the coordination of chaplains and their activities. The responsibilities of the coordinator or the authorized designee include, but are not limited to: (a)Recruiting, selecting and training qualified chaplains. (b)Conducting chaplain meetings. (c)Establishing and maintaining a chaplain callout roster. (d)Maintaining records for each chaplain. (e)Tracking and evaluating the contribution of chaplains. (f)Maintaining a record of chaplain schedules and work hours. San Luis Obispo Police Department San Luis Obispo PD CA Policy Manual Chaplains Copyright Lexipol, LLC 2019/01/24, All Rights Reserved. Published with permission by San Luis Obispo Police Department Chaplains - 224 (g)Completing and disseminating, as appropriate, all necessary paperwork and information. (h)Planning periodic recognition events. (i)Maintaining liaison with other agency chaplain coordinators. 375.7 DUTIES AND RESPONSIBILITIES Chaplains assist the Department, its members and the community, as needed. Assignments of chaplains will usually be to augment the Operations Bureau . Chaplains may be assigned to other areas within the Department as needed. Chaplains should be placed only in assignments or programs that are consistent with their knowledge, skills, abilities and the needs of the Department. All chaplains will be assigned to duties by the chaplain coordinator or the authorized designee. Chaplains may not proselytize or attempt to recruit members of the Department or the public into a religious affiliation while representing themselves as chaplains with this department. If there is any question as to the receiving person’s intent, chaplains should verify that the person is desirous of spiritual counseling or guidance before engaging in such discussion. Chaplains may not accept gratuities for any service or any subsequent actions or follow-up contacts that were provided while functioning as a chaplain for the San Luis Obispo Police Department. 375.7.1 COMPLIANCE Chaplains are volunteer members of this department, and except as otherwise specified within this policy, are required to comply with the Volunteer Program Policy and other applicable policies. 375.7.2 OPERATIONAL GUIDELINES (a)Chaplains may be scheduled to be on-call for a period of seven consecutive days during each month, beginning on Monday and ending on the following Sunday. (b)Generally, each chaplain will serve with San Luis Obispo Police Department personnel a minimum of eight hours per month. (c)Chaplains shall be permitted to ride with officers during any shift and observe San Luis Obispo Police Department operations, provided the Watch Commander has been notified and has approved the activity. (d)Chaplains shall not be evaluators of members of the Department. (e)In responding to incidents, a chaplain shall never function as an officer. (f)When responding to in-progress calls for service, chaplains may be required to stand- by in a secure area until the situation has been deemed safe. (g)Chaplains shall serve only within the jurisdiction of the San Luis Obispo Police Department unless otherwise authorized by the Chief of Police or the authorized designee. San Luis Obispo Police Department San Luis Obispo PD CA Policy Manual Chaplains Copyright Lexipol, LLC 2019/01/24, All Rights Reserved. Published with permission by San Luis Obispo Police Department Chaplains - 225 (h)Each chaplain shall have access to current department member rosters, addresses, telephone numbers, duty assignments and other information that may assist in his/ her duties. Such information will be considered confidential and each chaplain will exercise appropriate security measures to prevent distribution of the data. 375.7.3 ASSISTING THE DEPARTMENT The responsibilities of a chaplain related to this department include, but are not limited to: (a)Assisting members in the diffusion of a conflict or incident, when requested. (b)Responding to natural and accidental deaths, suicides and attempted suicides, family disturbances and any other incident that in the judgment of the Watch Commander or supervisor aids in accomplishing the mission of the Department. (c)Responding to all major disasters, such as natural disasters, bombings and similar critical incidents. (d)Being on-call and, if possible, on-duty during major demonstrations or any public function that requires the presence of a large number of department members. (e)Attending department and academy graduations, ceremonies and social events and offering invocations and benedictions, as requested. (f)Participating in in-service training classes. (g)Willingness to train others to enhance the effectiveness of the Department. 375.7.4 ASSISTING THE COMMUNITY The duties of a chaplain related to the community include, but are not limited to: (a)Fostering familiarity with the role of law enforcement in the community. (b)Providing an additional link between the community, other chaplain coordinators and the Department. (c)Providing liaison with various civic, business and religious organizations. (d)Promptly facilitating requests for representatives or leaders of various denominations. (e)Assisting the community in any other function as needed or requested. (f)Making referrals in cases where specialized attention is needed or in cases that are beyond the chaplain's ability to assist. 375.7.5 CHAPLAIN MEETINGS All chaplains are required to attend scheduled meetings. Any absences must be satisfactorily explained to the chaplain coordinator. 375.7.6 ASSISTING DEPARTMENT MEMBERS The responsibilities of a chaplain related to department members include, but are not limited to: San Luis Obispo Police Department San Luis Obispo PD CA Policy Manual Chaplains Copyright Lexipol, LLC 2019/01/24, All Rights Reserved. Published with permission by San Luis Obispo Police Department Chaplains - 226 (a)Assisting in making notification to families of members who have been seriously injured or killed and, after notification, responding to the hospital or home of the member. (b)Visiting sick or injured members in the hospital or at home. (c)Attending and participating, when requested, in funerals of active or retired members. (d)Serving as a resource for members when dealing with the public in incidents, such as accidental deaths, suicides, suicidal subjects, serious accidents, drug and alcohol abuse and other such situations that may arise. (e)Providing counseling and support for members and their families. (f)Being alert to the needs of members and their families. 375.8 PRIVILEGED COMMUNICATIONS No person who provides chaplain services to members of the Department may work or volunteer for the San Luis Obispo Police Department in any capacity other than that of chaplain. Department chaplains shall be familiar with state evidentiary laws and rules pertaining to the limits of the clergy-penitent, psychotherapist-patient and other potentially applicable privileges and shall inform members when it appears reasonably likely that the member is discussing matters that are not subject to privileged communications. In such cases, the chaplain should consider referring the member to a non-department counseling resource. No chaplain shall provide counsel to or receive confidential communications from any San Luis Obispo Police Department member concerning an incident personally witnessed by the chaplain or concerning an incident involving the chaplain. 375.9 TRAINING The Department will establish a minimum number of training hours and standards for department chaplains. The training, as approved by the Training Manager, may include: •Stress management •Death notifications •Symptoms of post-traumatic stress •Burnout for members of law enforcement and chaplains •Legal liability and confidentiality •Ethics •Responding to crisis situations •The law enforcement family •Substance abuse San Luis Obispo Police Department San Luis Obispo PD CA Policy Manual Chaplains Copyright Lexipol, LLC 2019/01/24, All Rights Reserved. Published with permission by San Luis Obispo Police Department Chaplains - 227 •Suicide •Officer injury or death •Sensitivity and diversity Policy 377 San Luis Obispo Police Department San Luis Obispo PD CA Policy Manual Copyright Lexipol, LLC 2019/01/24, All Rights Reserved. Published with permission by San Luis Obispo Police Department Public Safety Video Surveillance System - 228 Public Safety Video Surveillance System 377.1 PURPOSE AND SCOPE This policy provides guidance for the placement and monitoring of department public safety video surveillance, as well as the storage and release of the captured images. This policy only applies to overt, marked public safety video surveillance systems operated by the Department. It does not apply to mobile audio/video systems, covert audio/video systems or any other image-capturing devices used by the Department. 377.2 POLICY The San Luis Obispo Police Department operates a public safety video surveillance system to complement its anti-crime strategy, to effectively allocate and deploy personnel, and to enhance public safety and security in public areas. Cameras may be placed in strategic locations throughout the City to detect and deter crime, to help safeguard against potential threats to the public, to help manage emergency response situations during natural and man-made disasters and to assist City officials in providing services to the community. Video surveillance in public areas will be conducted in a legal and ethical manner while recognizing and protecting constitutional standards of privacy. 377.3 OPERATIONAL GUIDELINES Only department-approved video surveillance equipment shall be utilized. Members authorized to monitor video surveillance equipment should only monitor public areas and public activities where no reasonable expectation of privacy exists. The Chief of Police or the authorized designee shall approve all proposed locations for the use of video surveillance technology and should consult with and be guided by legal counsel as necessary in making such determinations. 377.3.1 PLACEMENT AND MONITORING Camera placement will be guided by the underlying purpose or strategy associated with the overall video surveillance plan. As appropriate, the Chief of Police should confer with other affected City divisions and designated community groups when evaluating camera placement. Environmental factors, including lighting, location of buildings, presence of vegetation or other obstructions, should also be evaluated when determining placement. The cameras shall only record video images and not sound. Recorded images may be used for a variety of purposes, including criminal investigations and monitoring of activity around high- value or high-threat areas. The public video surveillance system may be useful for the following purposes: (a)To prevent, deter and identify criminal activity. (b)To target identified areas of gang and narcotics complaints or activity. (c)To respond to critical incidents. San Luis Obispo Police Department San Luis Obispo PD CA Policy Manual Public Safety Video Surveillance System Copyright Lexipol, LLC 2019/01/24, All Rights Reserved. Published with permission by San Luis Obispo Police Department Public Safety Video Surveillance System - 229 (d)To assist in identifying, apprehending and prosecuting offenders. (e)To document officer and offender conduct during interactions to safeguard the rights of the public and officers (f)To augment resources in a cost-effective manner. (g)To monitor pedestrian and vehicle traffic activity. Images from each camera should be recorded in a manner consistent with the underlying purpose of the particular camera. Images should be transmitted to monitors installed in the Watch Commander’s office and the Communications Center. When activity warranting further investigation is reported or detected at any camera location, the available information should be provided to responding officers in a timely manner. The Watch Commander or trained the Communications Center personnel are authorized to adjust the cameras to more effectively view a particular area for any legitimate public safety purpose. The Chief of Police may authorize video feeds from the public safety video surveillance system to be forwarded to a specified location for monitoring by other than police personnel, such as allied government agencies, road or traffic crews, or fire or emergency operations personnel. Unauthorized recording, viewing, reproduction, dissemination or retention is prohibited. 377.3.2 TRAINING Personnel involved in video monitoring will be appropriately trained and supervised. 377.3.3 INTEGRATION WITH OTHER TECHNOLOGY The Department may elect to integrate its public safety video surveillance system with other technology to enhance available information. Systems such as gunshot detection, incident mapping, crime analysis, license plate recognition, facial recognition and other video-based analytical systems may be considered based upon availability and the nature of department strategy. The Department should evaluate the availability and propriety of networking or otherwise collaborating with appropriate private sector entities and should evaluate whether the use of certain camera systems, such as pan-tilt-zoom systems and video enhancement or other analytical technology, requires additional safeguards. 377.3.4 CAMERA MARKINGS Except in the case of covert operations or confidential investigations, all public areas that are monitored by public safety cameras shall be marked in a conspicuous manner with appropriate signs to inform the public that the area is under police surveillance. Signs shall be well lit to ensure visibility. San Luis Obispo Police Department San Luis Obispo PD CA Policy Manual Public Safety Video Surveillance System Copyright Lexipol, LLC 2019/01/24, All Rights Reserved. Published with permission by San Luis Obispo Police Department Public Safety Video Surveillance System - 230 377.4 VIDEO SUPERVISION Supervisors should monitor video surveillance access and usage to ensure members are within department policy and applicable laws. Supervisors should ensure such use and access is appropriately documented. 377.4.1 VIDEO LOG A log should be maintained at all locations where video surveillance monitors are located. The log should be used to document all persons not assigned to the monitoring locations who have been given access to view or monitor images provided by the video surveillance cameras. The logs should, at a minimum, record the: (a)Date and time access was given. (b)Name and agency of the person being given access to the images. (c)Name of person authorizing access. (d)Identifiable portion of images viewed. 377.4.2 PROHIBITED ACTIVITY Public safety video surveillance systems will not intentionally be used to invade the privacy of individuals or observe areas where a reasonable expectation of privacy exists. Public video surveillance equipment shall not be used in an unequal or discriminatory manner and shall not target protected individual characteristics including, but not limited to race, ethnicity, national origin, religion, disability, gender or sexual orientation. Video surveillance equipment shall not be used to harass, intimidate or discriminate against any individual or group. 377.5 STORAGE AND RETENTION OF MEDIA All downloaded media shall be stored in a secure area with access restricted to authorized persons. A recording needed as evidence shall be copied to a suitable medium and booked into evidence in accordance with established evidence procedures. All actions taken with respect to retention of media shall be appropriately documented. The type of video surveillance technology employed and the manner in which recordings are used and stored will affect retention periods. The recordings should be stored and retained in accordance with the established records retention schedule and for a minimum of one year. Prior to destruction, written consent shall be obtained from the City Attorney. If recordings are evidence in any claim filed or any pending litigation, they shall be preserved until pending litigation is resolved (Government Code § 34090.6). Any recordings needed as evidence in a criminal or civil proceeding shall be copied to a suitable medium and booked into evidence in accordance with current evidence procedures. San Luis Obispo Police Department San Luis Obispo PD CA Policy Manual Public Safety Video Surveillance System Copyright Lexipol, LLC 2019/01/24, All Rights Reserved. Published with permission by San Luis Obispo Police Department Public Safety Video Surveillance System - 231 377.5.1 EVIDENTIARY INTEGRITY All downloaded and retained media shall be treated in the same manner as other evidence. Media shall be accessed, maintained, stored and retrieved in a manner that ensures its integrity as evidence, including strict adherence to chain of custody requirements. Electronic trails, including encryption, digital masking of innocent or uninvolved individuals to preserve anonymity, authenticity certificates and date and time stamping, shall be used as appropriate to preserve individual rights and to ensure the authenticity and maintenance of a secure evidentiary chain of custody. 377.6 VIDEO SURVEILLANCE AUDIT The Chief of Police or the authorized designee will conduct an annual review of the public safety video surveillance system. The review should include an analysis of the cost, benefit and effectiveness of the system, including any public safety issues that were effectively addressed or any significant prosecutions that resulted, and any systemic operational or administrative issues that were identified, including those related to training, discipline or policy. The results of each review shall be appropriately documented and maintained by the Chief of Police or the authorized designee and other applicable advisory bodies. Any recommendations for training or policy should be promptly addressed. 377.7 TRAINING All department members authorized to operate or access public video surveillance systems shall receive appropriate training. Training should include guidance on the use of cameras, interaction with dispatch and patrol operations and a review regarding relevant policies and procedures, including this policy. Training should also address state and federal law related to the use of video surveillance equipment and privacy. Policy 379 San Luis Obispo Police Department San Luis Obispo PD CA Policy Manual Copyright Lexipol, LLC 2019/01/24, All Rights Reserved. Published with permission by San Luis Obispo Police Department Child and Dependent Adult Safety - 232 Child and Dependent Adult Safety 379.1 PURPOSE AND SCOPE This policy provides guidelines to ensure that children and dependent adults are not left without appropriate care in the event their caregiver or guardian is arrested or otherwise prevented from providing care due to actions taken by members of this department (Penal Code § 833.2(a)). This policy does not address the actions to be taken during the course of a child abuse or dependent adult investigation. These are covered in the Child Abuse and Adult Abuse policies. 379.2 POLICY It is the policy of this department to mitigate, to the extent reasonably possible, the stressful experience individuals may have when their parent or caregiver is arrested. The San Luis Obispo Police Department will endeavor to create a strong, cooperative relationship with local, state and community-based social services to ensure an effective, collaborative response that addresses the needs of those affected, including call-out availability and follow-up responsibilities. 379.3 PROCEDURES DURING AN ARREST When encountering an arrest or prolonged detention situation, officers should make reasonable attempts to determine if the arrestee is responsible for children or dependent adults. In some cases this may be obvious, such as when children or dependent adults are present. However, officers should inquire if the arrestee has caregiver responsibilities for any children or dependent adults who are without appropriate supervision. The following steps should be taken (Penal Code § 13517.7(b)(1)): (a)Inquire about and confirm the location of any children or dependent adults. (b)Look for evidence of children and dependent adults. Officers should be mindful that some arrestees may conceal the fact that they have a dependent for fear the individual may be taken from them. (c)Consider inquiring of witnesses, neighbors, friends and relatives of the arrestee as to whether the person is responsible for a child or dependent adult. Whenever reasonably possible, officers should take reasonable steps to accomplish the arrest of a parent, guardian or caregiver out of the presence of his/her child or dependent adult. Removing children or dependent adults from the scene in advance of the arrest will generally ensure the best outcome for the individual. Whenever it is safe to do so, officers should allow the parent or caregiver to assure children or dependent adults that they will be provided care. If this is not safe or if the demeanor of the parent or caregiver suggests this conversation would be non-productive, the officer at the scene should explain the reason for the arrest in age-appropriate language and offer reassurance to the child or dependent adult that he/she will receive appropriate care. San Luis Obispo Police Department San Luis Obispo PD CA Policy Manual Child and Dependent Adult Safety Copyright Lexipol, LLC 2019/01/24, All Rights Reserved. Published with permission by San Luis Obispo Police Department Child and Dependent Adult Safety - 233 379.3.1 AFTER AN ARREST Whenever an arrest is made, the officer should take all reasonable steps to ensure the safety of the arrestee’s disclosed or discovered children or dependent adults. Officers should allow the arrestee reasonable time to arrange for care of children and dependent adults. Temporary placement with family or friends may be appropriate. However, any decision should give priority to a care solution that is in the best interest of the child or dependent adult. In such cases the following guidelines should be followed: (a)Allow the person reasonable time to arrange for the care of children and dependent adults with a responsible party, as appropriate. 1.Officers should consider allowing the person to use his/her cell phone to facilitate arrangements through access to contact phone numbers, and to lessen the likelihood of call screening by the recipients due to calls from unknown sources. (b)Unless there is evidence to the contrary (e.g., signs of abuse, drug use, unsafe environment), officers should respect the parent or caregiver’s judgment regarding arrangements for care. It is generally best if the child or dependent adult remains with relatives or family friends that he/she knows and trusts because familiarity with surroundings and consideration for comfort, emotional state and safety are important. 1.Except when a court order exists limiting contact, the officer should attempt to locate and place children or dependent adults with the non-arrested parent, guardian or caregiver. (c)Provide for the immediate supervision of children or dependent adults until an appropriate caregiver arrives. (d)Notify Child Protective Services or the Division of Aging and Adult Services, if appropriate. (e)Notify the field supervisor or Watch Commander of the disposition of children or dependent adults. If children or dependent adults are at school or another known location outside the household at the time of arrest, the arresting officer should attempt to contact the school or other known location and inform the principal or appropriate responsible adult of the caregiver’s arrest and of the arrangements being made for the care of the arrestee’s dependent. The result of such actions should be documented in the associated report. 379.3.2 DURING THE BOOKING PROCESS During the booking process the arrestee shall be allowed to make additional telephone calls to relatives or other responsible individuals as is reasonably necessary to arrange for the care of any child or dependent adult. These telephone calls should be given as soon as practicable and are in addition to any other telephone calls allowed by law (Penal Code § 851.5(c)). San Luis Obispo Police Department San Luis Obispo PD CA Policy Manual Child and Dependent Adult Safety Copyright Lexipol, LLC 2019/01/24, All Rights Reserved. Published with permission by San Luis Obispo Police Department Child and Dependent Adult Safety - 234 If an arrestee is unable to resolve the care of any child or dependent adult through this process, a supervisor should be contacted to determine the appropriate steps to arrange for care. These steps may include additional telephone calls or contacting a local, county or state services agency. 379.3.3 REPORTING (a)For all arrests where children are present or living in the household, the reporting member will document the following information: 1.Name 2.Sex 3.Age 4.Special needs (e.g., medical, mental health) 5.How, where and with whom or which agency the child was placed 6.Identities and contact information for other potential caregivers 7.Notifications made to other adults (e.g., schools, relatives) (b)For all arrests where dependent adults are present or living in the household, the reporting member will document the following information: 1.Name 2.Sex 3.Age 4.Whether he/she reasonably appears able to care for him/herself 5.Disposition or placement information if he/she is unable to care for him/herself 379.3.4 SUPPORT AND COUNSELING REFERRAL If, in the judgment of the handling officers, the child or dependent adult would benefit from additional assistance, such as counseling services, contact with a victim advocate or a crisis telephone number, the appropriate referral information may be provided. 379.4 DEPENDENT WELFARE SERVICES Whenever an arrestee is unwilling or incapable of arranging for the appropriate care of any child or department adult, the handling officer should contact the appropriate welfare service or other department-approved social service to determine whether protective custody is appropriate (Welfare and Institutions Code § 305). Only when other reasonable options are exhausted should a child or dependent adult be transported to the police facility, transported in a marked patrol car or taken into formal protective custody. San Luis Obispo Police Department San Luis Obispo PD CA Policy Manual Child and Dependent Adult Safety Copyright Lexipol, LLC 2019/01/24, All Rights Reserved. Published with permission by San Luis Obispo Police Department Child and Dependent Adult Safety - 235 Under no circumstances should a child or dependent adult be left unattended or without appropriate care. 379.5 TRAINING The Training Manager is responsible to ensure that all personnel of this department who may be involved in arrests affecting children or dependent adults receive approved POST-approved training on effective safety measures when a parent, guardian or caregiver is arrested (Penal Code § 13517.7). Policy 381 San Luis Obispo Police Department San Luis Obispo PD CA Policy Manual Copyright Lexipol, LLC 2019/01/24, All Rights Reserved. Published with permission by San Luis Obispo Police Department Service Animals - 236 Service Animals 381.1 PURPOSE AND SCOPE The purpose of this policy is to provide the guidelines necessary to ensure the rights of individuals who use service animals to assist with disabilities are protected in accordance with Title II of the Americans with Disabilities Act of 1990 (ADA). 381.1.1 DEFINITIONS Definitions related to this policy include: Service animal - A dog that is trained to do work or perform tasks for the benefit of an individual with a disability, including a physical, sensory, psychiatric, intellectual or other mental disability. The work or tasks performed by a service animal must be directly related to the individual's disability (28 CFR 35.104; Health and Safety Code § 113903). Service animal also includes a miniature horse if the horse is trained to do work or perform tasks for people with disabilities, provided the horse is housebroken, is under the handler’s control, the facility can accommodate the horse’s type, size and weight, and the horse’s presence will not compromise legitimate safety requirements necessary for safe operation of the facility (28 CFR 35.136(i)). 381.2 POLICY It is the policy of the San Luis Obispo Police Department to provide services and access to persons with service animals in the same manner as those without service animals. Department members shall protect the rights of persons assisted by service animals in accordance with state and federal law. 381.3 IDENTIFICATION AND USE OF SERVICE ANIMALS Some service animals may be readily identifiable. However, many do not have a distinctive symbol, harness or collar. Service animals may be used in a number of ways to provide assistance, including: •Guiding people who are blind or have low vision. •Alerting people who are deaf or hard of hearing. •Retrieving or picking up items, opening doors or flipping switches for people who have limited use of their hands, arms or legs. •Pulling wheelchairs. •Providing physical support and assisting with stability and balance. •Doing work or performing tasks for persons with traumatic brain injury, intellectual disabilities or psychiatric disabilities, such as reminding a person with depression to take medication. San Luis Obispo Police Department San Luis Obispo PD CA Policy Manual Service Animals Copyright Lexipol, LLC 2019/01/24, All Rights Reserved. Published with permission by San Luis Obispo Police Department Service Animals - 237 •Alerting a person with anxiety to the onset of panic attacks, providing tactile stimulation to calm a person with post-traumatic stress disorder, assisting people with schizophrenia to distinguish between hallucinations and reality, and helping people with traumatic brain injury to locate misplaced items or follow daily routines. 381.4 MEMBER RESPONSIBILITIES Service animals that are assisting individuals with disabilities are permitted in all public facilities and areas where the general public is allowed. Department members are expected to treat individuals with service animals with the same courtesy and respect that the San Luis Obispo Police Department affords to all members of the public (28 CFR 35.136). 381.4.1 INQUIRY If it is apparent or if a member is aware that an animal is a service animal, the individual generally should not be asked any questions as to the status of the animal. If it is unclear whether an animal meets the definition of a service animal, the member should ask the individual only the following questions (28 CFR 35.136(f)): •Is the animal required because of a disability? •What task or service has the service animal been trained to perform? If the individual explains that the animal is required because of a disability and has been trained to work or perform at least one task, the animal meets the definition of a service animal and no further questions as to the animal’s status should be asked. The individual should not be questioned about his/her disability nor should the person be asked to provide any license, certification or identification card for the service animal. 381.4.2 CONTACT Service animals are not pets. Department members should not interfere with the important work performed by a service animal by talking to, petting or otherwise initiating contact with a service animal. 381.4.3 REMOVAL If a service animal is not housebroken or exhibits vicious behavior, poses a direct threat to the health of others, or unreasonably disrupts or interferes with normal business operations, an officer may direct the handler to remove the animal from the premises. Barking alone is not a threat nor does a direct threat exist if the person takes prompt, effective action to control the service animal (28 CFR 35.136(b)). Each incident must be considered individually and past incidents alone are not cause for excluding a service animal. Removal of a service animal may not be used as a reason to refuse service to an individual with disabilities. Members of this department are expected to provide all services as are reasonably available to an individual with a disability, with or without a service animal. San Luis Obispo Police Department San Luis Obispo PD CA Policy Manual Service Animals Copyright Lexipol, LLC 2019/01/24, All Rights Reserved. Published with permission by San Luis Obispo Police Department Service Animals - 238 381.4.4 COMPLAINTS When handling calls of a complaint regarding a service animal, members of this department should remain neutral and should be prepared to explain the ADA requirements concerning service animals to the concerned parties. Businesses are required to allow service animals to accompany their handlers into the same areas that other customers or members of the public are allowed (28 CFR 36.302). Absent a violation of law independent of the ADA, officers should take no enforcement action beyond keeping the peace. Individuals who believe they have been discriminated against as a result of a disability should be referred to the Civil Rights Division of the U.S. Department of Justice (DOJ). Policy 383 San Luis Obispo Police Department San Luis Obispo PD CA Policy Manual Copyright Lexipol, LLC 2019/01/24, All Rights Reserved. Published with permission by San Luis Obispo Police Department Volunteer Program - 239 Volunteer Program 383.1 PURPOSE AND SCOPE It is the policy of this department to use qualified volunteers for specified tasks and duties in order to create efficiencies for the Department and improve services to the community. Volunteers are intended to supplement and support, rather than supplant, sworn officers and civilian personnel. Volunteers can be an important part of any organization and are proven to be a valuable asset to law enforcement agencies. Volunteers help to increase departmental responsiveness, delivery of services and information input, and provide new program opportunities. In addition, volunteers bring new skills and expertise to the Department and prompt new enthusiasm. 383.1.1 DEFINITION OF VOLUNTEER An individual who performs a service for the Department without promise, expectation or receipt of compensation for services rendered. This may include unpaid chaplains, unpaid reserve officers, interns, persons providing administrative support and youth involved in a law enforcement Explorer Post, among others. 383.2 VOLUNTEER MANAGEMENT 383.2.1 VOLUNTEER COORDINATOR The Outreach Manager shall coordinate the Volunteer Program. The function of the Outreach Manager is to provide a central coordinating point for effective volunteer management within the Department, and to direct and assist staff and volunteer efforts to jointly provide more productive services. The Outreach Manager will report to the Operations Bureau Commander and should work with other Department staff on an ongoing basis to assist in the development and implementation of volunteer-staffed positions. The Outreach Manager, or his/her designee, shall be responsible for the following: (a)Recruiting, selecting and training qualified volunteers for various positions. (b)Facilitating the implementation of new volunteer activities and assignments. (c)Maintaining records for each volunteer. (d)Tracking and evaluating the contribution of volunteers. (e)Maintaining the volunteer handbook and outlining expectations, policies and responsibilities for all volunteers. (f)Maintaining a record of volunteer schedules and work hours. (g)Completion and dissemination as appropriate of all necessary paperwork and information. (h)Planning periodic recognition events. (i)Administering discipline when warranted. San Luis Obispo Police Department San Luis Obispo PD CA Policy Manual Volunteer Program Copyright Lexipol, LLC 2019/01/24, All Rights Reserved. Published with permission by San Luis Obispo Police Department Volunteer Program - 240 (j)Maintaining liaison with other volunteer-utilizing programs in the community and assisting in community-wide efforts to recognize and promote volunteering. 383.2.2 RECRUITMENT Volunteers should be recruited on a continuous and ongoing basis consistent with department policy on equal opportunity nondiscriminatory employment. A primary qualification for participation in the application process should be an interest in, and an ability to assist the Department in serving the public. Requests for volunteers should be submitted in writing by interested staff to the Volunteer Coordinator through the requester's immediate supervisor. A complete position description and a requested time-frame should be included in the request. All parties should understand that the recruitment of volunteers is enhanced by creative and interesting assignments. The Volunteer Coordinator may withhold assignment of any volunteer until such time as the requesting unit is prepared to make effective use of volunteer resources. 383.2.3 SCREENING All prospective volunteers should complete the volunteer application form. The Volunteer Coordinator or designee should conduct a face-to-face interview with an applicant under consideration. A documented background investigation shall be completed on each volunteer applicant and shall include, but not necessarily be limited to, the following: (a)Traffic and criminal background check. Fingerprints shall be obtained from all applicants and processed through the California Criminal Information Index. (b)Employment (c)References (d)Credit check A polygraph exam may be required of each applicant depending on the type of assignment. 383.2.4 SELECTION AND PLACEMENT Service as a volunteer with the Department shall begin with an official notice of acceptance or appointment to a volunteer position. Notice may only be given by an authorized representative of the Department, who will normally be the Volunteer Coordinator. No volunteer should begin any assignment until they have been officially accepted for that position and completed all required screening and paperwork. At the time of final acceptance, each volunteer should complete all required enrollment paperwork and will receive a copy of their position description and agreement of service with the Department. All volunteers shall receive a copy of the volunteer handbook and shall be required to sign a volunteer agreement. Volunteers should be placed only in assignments or programs that are consistent with their knowledge, skills, abilities and the needs of the Department. San Luis Obispo Police Department San Luis Obispo PD CA Policy Manual Volunteer Program Copyright Lexipol, LLC 2019/01/24, All Rights Reserved. Published with permission by San Luis Obispo Police Department Volunteer Program - 241 383.2.5 TRAINING Volunteers will be provided with an orientation program to acquaint them with the Department, personnel, policies and procedures that have a direct impact on their work assignment. Volunteers should receive position-specific training to ensure they have adequate knowledge and skills to complete tasks required by the position and should receive periodic ongoing training as deemed appropriate by their supervisor or the Volunteer Coordinator. Training should reinforce to volunteers that they may not intentionally represent themselves as, or by omission infer that they are sworn officers or other full-time members of the Department. They shall always represent themselves as volunteers. All volunteers shall comply with the rules of conduct and with all orders and directives, either oral or written, issued by the Department. 383.2.6 FITNESS FOR DUTY No volunteer shall report to work or be on-duty when his/her judgment or physical condition has been impaired by alcohol, medication, other substances, illness or injury. Volunteers shall report to their supervisor any changes in status that may affect their ability to fulfill their duties. This includes, but is not limited to, the following: (a)Driver license (b)Medical condition (c)Arrests (d)Criminal investigations All volunteers shall adhere to the guidelines set forth by this department regarding drug and alcohol use. 383.2.7 DRESS CODE As representatives of the Department, volunteers are responsible for presenting a professional image to the community. Volunteers shall dress appropriately for the conditions and performance of their duties. Volunteers shall conform to department-approved dress consistent with their duty assignment. Uniforms authorized for volunteers should be readily distinguishable from those worn by sworn officers. The uniform or identifiable parts of the uniform shall not be worn while off-duty except volunteers may choose to wear the uniform while in transit to or from official department assignments or functions provided an outer garment is worn over the uniform shirt so as not to bring attention to the volunteer while he/she is off duty. Volunteers shall be required to return any issued uniform or department property at the termination of service. San Luis Obispo Police Department San Luis Obispo PD CA Policy Manual Volunteer Program Copyright Lexipol, LLC 2019/01/24, All Rights Reserved. Published with permission by San Luis Obispo Police Department Volunteer Program - 242 383.3 SUPERVISION OF VOLUNTEERS Each volunteer who is accepted to a position with the Department must have a clearly identified supervisor who is responsible for direct management of that volunteer. This supervisor will be responsible for day-to-day management and guidance of the work of the volunteer and should be available to the volunteer for consultation and assistance. A volunteer may be assigned as and act as a supervisor of other volunteers provided that the supervising volunteer is under the direct supervision of a paid staff member. Functional supervision of volunteers is the responsibility of the supervisor in charge of the unit where the volunteer is assigned. Following are some considerations to keep in mind while supervising volunteers: (a)Take the time to introduce volunteers to employees on all levels. (b)Ensure volunteers have work space and necessary office supplies. (c)Make sure the work is challenging. Do not hesitate to give them an assignment or task that will tap these valuable resources. 383.4 CONFIDENTIALITY With appropriate security clearance, volunteers may have access to confidential information such as criminal histories or investigative files. Unless otherwise directed by a supervisor or departmental policy, all information shall be considered confidential. Only that information specifically identified and approved by authorized personnel shall be released. Confidential information shall be given only to persons who have a need and a right to know as determined by departmental policy and supervisory personnel. Each volunteer will be required to sign a nondisclosure agreement before being given an assignment with the Department. Subsequent unauthorized disclosure of any confidential information, verbally, in writing or by any other means, by the volunteer is grounds for immediate dismissal and possible criminal prosecution. Volunteers shall not address public gatherings, appear on radio or television, prepare any article for publication, act as correspondents to a newspaper or other periodical, release or divulge any information concerning the activities of the Department, or maintain that they represent the Department in such matters without permission from the proper department personnel. 383.5 PROPERTY AND EQUIPMENT Volunteers will be issued an identification card that must be worn at all times while on-duty. Any fixed and portable equipment issued by the Department shall be for official and authorized use only. Any property or equipment issued to a volunteer shall remain the property of the Department and shall be returned at the termination of service. San Luis Obispo Police Department San Luis Obispo PD CA Policy Manual Volunteer Program Copyright Lexipol, LLC 2019/01/24, All Rights Reserved. Published with permission by San Luis Obispo Police Department Volunteer Program - 243 383.5.1 VEHICLE USE Volunteers assigned to duties such as vacation house checks or other assignments that require the use of a vehicle must first complete the following: (a)A driving safety briefing and department approved driver safety course. (b)Verification that the volunteer possesses a valid California Driver License. (c)Verification that the volunteer carries current vehicle insurance. The Volunteer Coordinator should insure that all volunteers receive safety briefing updates and license and insurance verification at least once a year. When operating a Department vehicle, volunteers shall obey all rules of the road, including seat belt requirements. Smoking is prohibited in all Department vehicles. Volunteers should not operate a marked patrol car unless there is a prominently placed sign indicating that it is out of service and are not authorized to operate a Department vehicle Code-3. 383.5.2 RADIO AND MDC USAGE Volunteers shall successfully complete CLETS and radio procedures training prior to using the police radio or MDC and comply with all related provisions. The Volunteer Coordinator should ensure that radio and CLETS training is provided for volunteers whenever necessary. 383.6 DISCIPLINARY PROCEDURES/TERMINATION A volunteer may be removed from the volunteer program at the discretion of the Chief of Police or the Volunteer Coordinator. Volunteers shall have no property interests in their continued appointment. However, if a volunteer is removed for alleged misconduct, the volunteer will be afforded an opportunity solely to clear his/her name through a liberty interest hearing which shall be limited to a single appearance before the Chief of Police or authorized designee. Volunteers may resign from volunteer service with the Department at any time. It is requested that volunteers who intend to resign provide advance notice of their departure and a reason for their decision. 383.6.1 EXIT INTERVIEWS Exit interviews, where possible, should be conducted with volunteers who are leaving their positions. The interview should ascertain why the volunteer is leaving the position and solicit the volunteer's suggestions on improving the position. When appropriate, the interview should also include a discussion on the possibility of involvement in some other capacity with the Department. 383.7 EVALUATION An evaluation of the overall volunteer program will be conducted on an annual basis by the Volunteer Coordinator. Regular evaluations should be conducted with volunteers to ensure the best use of human resources available, to ensure personnel problems can be identified and dealt with promptly and fairly, and to ensure optimum satisfaction on the part of volunteers. Policy 385 San Luis Obispo Police Department San Luis Obispo PD CA Policy Manual Copyright Lexipol, LLC 2019/01/24, All Rights Reserved. Published with permission by San Luis Obispo Police Department Off-Duty Law Enforcement Actions - 244 Off-Duty Law Enforcement Actions 385.1 PURPOSE AND SCOPE The decision to become involved in a law enforcement action when off-duty can place an officer as well as others at great risk and must be done with careful consideration. This policy is intended to provide guidelines for officers of the San Luis Obispo Police Department with respect to taking law enforcement action while off-duty. 385.2 POLICY Initiating law enforcement action while off-duty is generally discouraged. Officers should not attempt to initiate enforcement action when witnessing minor crimes, such as suspected intoxicated drivers, reckless driving or minor property crimes. Such incidents should be promptly reported to the appropriate law enforcement agency. Officers are not expected to place themselves in unreasonable peril. However, any sworn member of this department who becomes aware of an incident or circumstance that he/she reasonably believes poses an imminent threat of serious bodily injury or death, or significant property damage may take reasonable action to minimize the threat. When public safety or the prevention of major property damage requires immediate action, officers should first consider reporting and monitoring the activity and only take direct action as a last resort. 385.3 FIREARMS Officers of this department may carry firearms while off-duty in accordance with federal regulations and department policy. All firearms and ammunition must meet guidelines as described in the department Firearms Policy. When carrying firearms while off-duty officers shall also carry their department-issued badge and identification. Officers should refrain from carrying firearms when the consumption of alcohol is likely or when the need to carry a firearm is outweighed by safety considerations. Firearms shall not be carried by any officer who has consumed an amount of an alcoholic beverage or taken any drugs or medications or any combination thereof that would tend to adversely affect the officer’s senses or judgment. 385.4 DECISION TO INTERVENE There is no legal requirement for off-duty officers to take law enforcement action. However, should officers decide to intervene, they must evaluate whether the action is necessary or desirable, and should take into consideration the following: (a)The tactical disadvantage of being alone and the fact there may be multiple or hidden suspects. (b)The inability to communicate with responding units. San Luis Obispo Police Department San Luis Obispo PD CA Policy Manual Off-Duty Law Enforcement Actions Copyright Lexipol, LLC 2019/01/24, All Rights Reserved. Published with permission by San Luis Obispo Police Department Off-Duty Law Enforcement Actions - 245 (c)The lack of equipment, such as handcuffs, OC or baton. (d)The lack of cover. (e)The potential for increased risk to bystanders if the off-duty officer were to intervene. (f)Unfamiliarity with the surroundings. (g)The potential for the off-duty officer to be misidentified by other peace officers or members of the public. Officers should consider waiting for on-duty uniformed officers to arrive, and gather as much accurate intelligence as possible instead of immediately intervening. 385.4.1 INTERVENTION PROCEDURE If involvement is reasonably necessary the officer should attempt to call or have someone else call 9-1-1 to request immediate assistance. The dispatcher should be informed that an off-duty officer is on-scene and should be provided a description of the officer if possible. Whenever practicable, the officer should loudly and repeatedly identify him/herself as an San Luis Obispo Police Department officer until acknowledged. Official identification should also be displayed. 385.4.2 INCIDENTS OF PERSONAL INTEREST Officers should refrain from handling incidents of personal interest, (e.g., family or neighbor disputes) and should remain neutral. In such circumstances officers should call the responsible agency to handle the matter. 385.4.3 NON-SWORN RESPONSIBILITIES Non-sworn personnel should not become involved in any law enforcement actions while off-duty except to notify the local law enforcement authority and remain at the scene, if safe and practicable. 385.4.4 OTHER CONSIDERATIONS When encountering a non-uniformed officer in public, uniformed officers should wait for acknowledgement by the non-uniformed officer in case he/she needs to maintain an undercover capability. 385.5 REPORTING Any off-duty officer who engages in any law enforcement activity, regardless of jurisdiction, shall notify the Watch Commander as soon as practicable. The Watch Commander shall determine whether a report should be filed by the employee. Officers should cooperate fully with the agency having jurisdiction in providing statements or reports as requested or as appropriate. San Luis Obispo Police Department San Luis Obispo PD CA Policy Manual Copyright Lexipol, LLC 2019/01/24, All Rights Reserved. Published with permission by San Luis Obispo Police Department Patrol Operations - 246 Chapter 4 - Patrol Operations Policy 400 San Luis Obispo Police Department San Luis Obispo PD CA Policy Manual Copyright Lexipol, LLC 2019/01/24, All Rights Reserved. Published with permission by San Luis Obispo Police Department Patrol Function - 247 Patrol Function 400.1 PURPOSE AND SCOPE The purpose of this policy is to define the patrol function and address intraorganizational cooperation and information sharing. 400.2 INFORMATION SHARING To the extent feasible, all information relevant to the mission of the Department should be shared among all bureaus and specialized units on a timely basis. Members should be provided with opportunities on a regular basis to share information during the daily briefings and to attend briefings of other bureaus or specialized units. Additionally, information should be shared with outside agencies and the public in conformance with department policies and applicable laws. Members are encouraged to share information with other units and bureaus. 400.3 CROWDS, EVENTS AND GATHERINGS Officers may encounter gatherings of people, including but not limited to, civil demonstrations, civic, social and business events, public displays, parades and sporting events. Officers should monitor such events as time permits in an effort to keep the peace and protect the safety and rights of those present. A patrol supervisor should be notified when it becomes reasonably foreseeable that such an event may require increased monitoring, contact or intervention. Officers responding to an event or gathering that warrants law enforcement involvement should carefully balance the speech and association rights of those present with applicable public safety concerns before taking enforcement action. Generally, officers should consider seeking compliance through advisements and warnings for minor violations and should reserve greater enforcement options for more serious violations or when voluntary compliance with the law is not achieved. Officers are encouraged to contact organizers or responsible persons to seek voluntary compliance that may address relevant public safety/order concerns. Officers should consider enforcement of applicable state and local laws, such as Penal Code 602.1 (obstructing or intimidating business operators), when the activity blocks the entrance or egress of a facility or location and when voluntary compliance with the law is not achieved. 400.3.1 CAMPUS LIAISON A college or university in this jurisdiction should designate a liaison between our department and students exercising rights guaranteed by the First Amendment to the United States Constitution, a similar provision of the California Constitution or both (Education Code § 66303). The designated department staff member will work with this liaison regarding relevant issues, scheduled events, training and crowd control. San Luis Obispo Police Department San Luis Obispo PD CA Policy Manual Patrol Function Copyright Lexipol, LLC 2019/01/24, All Rights Reserved. Published with permission by San Luis Obispo Police Department Patrol Function - 248 400.4 POLICY The San Luis Obispo Police Department provides patrol services 24 hours a day, seven days a week and will prioritize responses to requests for emergency services using available resources to enhance the safety of the public and department members. 400.5 FUNCTION Patrol will generally be conducted by uniformed officers in clearly marked law enforcement vehicles in assigned jurisdictional areas of Name of your jurisdiction:. The function of patrol is to respond to calls for assistance and reports of criminal activity, act as a deterrent to crime, enforce state and local laws, identify community needs, provide support and assistance to the community and respond to emergencies. Patrol services include, but are not limited to: (a)Responding to emergency calls for service. (b)Apprehending criminal offenders. (c)Providing mutual aid and assistance to other agencies for emergency and law enforcement-related activities. (d)Preventing criminal acts, traffic violations and collisions, maintaining public order and discovering hazardous situations or conditions. (e)Responding to reports of criminal and non-criminal acts. (f)Responding to routine calls for service, such as public assistance or public safety. (g)Carrying out crime prevention activities such as residential inspections, business inspections and community presentations. (h)Carrying out community oriented policing and problem-solving activities including the application of resources to improve or resolve specific problems or situations and contacting or assisting members of the public in a positive way. (i)Directing and controlling traffic. Policy 404 San Luis Obispo Police Department San Luis Obispo PD CA Policy Manual Copyright Lexipol, LLC 2019/01/24, All Rights Reserved. Published with permission by San Luis Obispo Police Department Bias-Based Policing - 249 Bias-Based Policing 404.1 PURPOSE AND SCOPE This policy provides guidance to department members that affirms the San Luis Obispo Police Department 's commitment to policing that is fair and objective. Nothing in this policy prohibits the use of specified characteristics in law enforcement activities designed to strengthen the department’s relationship with its diverse communities (e.g., cultural and ethnicity awareness training, youth programs, community group outreach, partnerships). 404.1.1 DEFINITIONS Definitions related to this policy include: Bias-based policing - An inappropriate reliance on characteristics such as race, ethnicity, national origin, religion, sex, sexual orientation, gender identity or expression, economic status, age, cultural group, disability or affiliation with any non-criminal group (protected characteristics) as the basis for providing differing law enforcement service or enforcement (Penal Code § 13519.4). 404.2 POLICY The San Luis Obispo Police Department is committed to providing law enforcement services to the community with due regard for the racial, cultural or other differences of those served. It is the policy of this department to provide law enforcement services and to enforce the law equally, fairly, objectively and without discrimination toward any individual or group. 404.3 BIAS-BASED POLICING PROHIBITED Bias-based policing is strictly prohibited. However, nothing in this policy is intended to prohibit an officer from considering protected characteristics in combination with credible, timely and distinct information connecting a person or people of a specific characteristic to a specific unlawful incident, or to specific unlawful incidents, specific criminal patterns or specific schemes. 404.4 MEMBER RESPONSIBILITIES Every member of this department shall perform his/her duties in a fair and objective manner and is responsible for promptly reporting any suspected or known instances of bias-based policing to a supervisor. Members should, when reasonable to do so, intervene to prevent any biased-based actions by another member. 404.4.1 REASON FOR CONTACT Officers contacting a person shall be prepared to articulate sufficient reason for the contact, independent of the protected characteristics of the individual. San Luis Obispo Police Department San Luis Obispo PD CA Policy Manual Bias-Based Policing Copyright Lexipol, LLC 2019/01/24, All Rights Reserved. Published with permission by San Luis Obispo Police Department Bias-Based Policing - 250 To the extent that written documentation would otherwise be completed (e.g., arrest report, field interview (FI) card), the involved officer should include those facts giving rise to the contact, as applicable. Except for required data-collection forms or methods, nothing in this policy shall require any officer to document a contact that would not otherwise require reporting. 404.5 SUPERVISOR RESPONSIBILITIES Supervisors should monitor those individuals under their command for compliance with this policy and shall handle any alleged or observed violations in accordance with the Personnel Complaints Policy. (a)Supervisors should discuss any issues with the involved officer and his/her supervisor in a timely manner. 1.Supervisors should document these discussions, in the prescribed manner. (b)Supervisors should periodically review MAV recordings, portable audio/video recordings, Mobile Digital Computer (MDC) data and any other available resource used to document contact between officers and the public to ensure compliance with the policy. 1.Supervisors should document these periodic reviews. 2.Recordings or data that capture a potential instance of bias-based policing should be appropriately retained for administrative investigation purposes. (c)Supervisors shall initiate investigations of any actual or alleged violations of this policy. (d)Supervisors should take prompt and reasonable steps to address any retaliatory action taken against any member of this department who discloses information concerning bias-based policing. 404.6 ADMINISTRATION Each year, the Operations Bureau Commander should review the efforts of the Department to provide fair and objective policing and submit an annual report, including public concerns and complaints, to the Chief of Police. The annual report should not contain any identifying information about any specific complaint, member of the public or officers. It should be reviewed by the Chief of Police to identify any changes in training or operations that should be made to improve service. Supervisors should review the annual report and discuss the results with those they are assigned to supervise. 404.7 TRAINING Training on fair and objective policing and review of this policy should be conducted as directed by the Training Unit. San Luis Obispo Police Department San Luis Obispo PD CA Policy Manual Bias-Based Policing Copyright Lexipol, LLC 2019/01/24, All Rights Reserved. Published with permission by San Luis Obispo Police Department Bias-Based Policing - 251 (a)All sworn members of this department will be scheduled to attend Peace Officer Standards and Training (POST)-approved training on the subject of bias-based policing. (b)Pending participation in such POST-approved training and at all times, all members of this department are encouraged to familiarize themselves with and consider racial and cultural differences among members of this community. (c)Each sworn member of this department who received initial bias-based policing training will thereafter be required to complete an approved refresher course every five years, or sooner if deemed necessary, in order to keep current with changing racial, identity and cultural trends (Penal Code § 13519.4(i)). 404.8 REPORTING TO CALIFORNIA DEPARTMENT OF JUSTICE The Professional Standards Bureau Manager shall ensure that all data required by the California Department of Justice (DOJ) regarding complaints of racial bias against officers is collected and provided to the Records Supervisor for required reporting to the DOJ (Penal Code § 13012; Penal Code § 13020). See the Records Bureau Policy. Policy 407 San Luis Obispo Police Department San Luis Obispo PD CA Policy Manual Copyright Lexipol, LLC 2019/01/24, All Rights Reserved. Published with permission by San Luis Obispo Police Department Briefing Training - 252 Briefing Training 407.1 PURPOSE AND SCOPE Briefing training is generally conducted at the beginning of the officer’s assigned shift. Briefing provides an opportunity for important exchange between employees and supervisors. A supervisor generally will conduct Briefing; however officers may conduct Briefing for training purposes with supervisor approval. Briefing should accomplish, at a minimum, the following basic tasks: (a)Briefing officers with information regarding daily patrol activity, with particular attention given to unusual situations and changes in the status of wanted persons, stolen vehicles, and major investigations (b)Notifying officers of changes in schedules and assignments (c)Notifying officers of new Special Orders or changes in Special Orders (d)Reviewing recent incidents for training purposes (e)Providing training on a variety of subjects 407.2 PREPARATION OF MATERIALS The supervisor conducting Briefing is responsible for preparation of the materials necessary for a constructive briefing. Supervisors may delegate this responsibility to a subordinate officer in his or her absence or for training purposes. 407.3 RETENTION OF BRIEFING TRAINING RECORDS Briefing training materials and a curriculum or summary shall be forwarded to the Training Manager for inclusion in training records, as appropriate. Policy 410 San Luis Obispo Police Department San Luis Obispo PD CA Policy Manual Copyright Lexipol, LLC 2019/01/24, All Rights Reserved. Published with permission by San Luis Obispo Police Department Crime and Disaster Scene Integrity - 253 Crime and Disaster Scene Integrity 410.1 PURPOSE AND SCOPE The purpose of this policy is to provide guidance in handling a major crime or disaster. 410.2 POLICY It is the policy of the San Luis Obispo Police Department to secure crime or disaster scenes so that evidence is preserved, and to identify and mitigate the dangers associated with a major crime or disaster scene for the safety of the community and those required to enter or work near the scene. 410.3 SCENE RESPONSIBILITY The first officer at the scene of a crime or major incident is generally responsible for the immediate safety of the public and preservation of the scene. Officers shall also consider officer safety and the safety of those persons entering or exiting the area, including those rendering medical aid to any injured parties. Once an officer has assumed or been assigned to maintain the integrity and security of the crime or disaster scene, the officer shall maintain the crime or disaster scene until he/she is properly relieved by a supervisor or other designated person. 410.4 FIRST RESPONDER CONSIDERATIONS The following list generally describes the first responder’s function at a crime or disaster scene. This list is not intended to be all-inclusive, is not necessarily in order and may be altered according to the demands of each situation: (a)Broadcast emergency information, including requests for additional assistance and resources. (b)Provide for the general safety of those within the immediate area by mitigating, reducing or eliminating threats or dangers. (c)Locate or identify suspects and determine whether dangerous suspects are still within the area. (d)Provide first aid to injured parties if it can be done safely. (e)Evacuate the location safely as required or appropriate. (f)Secure the inner perimeter. (g)Protect items of apparent evidentiary value. (h)Secure an outer perimeter. (i)Identify potential witnesses. (j)Start a chronological log noting critical times and personnel allowed access. San Luis Obispo Police Department San Luis Obispo PD CA Policy Manual Crime and Disaster Scene Integrity Copyright Lexipol, LLC 2019/01/24, All Rights Reserved. Published with permission by San Luis Obispo Police Department Crime and Disaster Scene Integrity - 254 410.5 SEARCHES Officers arriving at crime or disaster scenes are often faced with the immediate need to search for and render aid to victims, and to determine if suspects are present and continue to pose a threat. Once officers are satisfied that no additional suspects are present and/or there are no injured persons to be treated, those exigent circumstances will likely no longer exist. Officers should thereafter secure the scene and conduct no further search until additional or alternate authority for the search is obtained, such as consent or a search warrant. 410.5.1 CONSENT When possible, officers should seek written consent to search from authorized individuals. However, in the case of serious crimes or major investigations, it may be prudent to also obtain a search warrant. Consent as an additional authorization may be sought, even in cases where a search warrant has been granted. 410.6 EXECUTION OF HEALTH ORDERS Any sworn member of this department is authorized to enforce all orders of the local health officer that have been issued for the purpose of preventing the spread of any contagious, infectious or communicable disease (Health and Safety Code § 120155). Policy 413 San Luis Obispo Police Department San Luis Obispo PD CA Policy Manual Copyright Lexipol, LLC 2019/01/24, All Rights Reserved. Published with permission by San Luis Obispo Police Department Regional SWAT Team - 255 Regional SWAT Team 413.1 PURPOSE AND SCOPE The Name of your jurisdiction: Regional SWAT Team is comprised of two specialized teams: the Crisis Negotiation Team (CNT) and the Special Weapons and Tactics Team (SWAT). The unit is comprised of members from the following Police Agencies: Name of your jurisdiction: Police, Paso Robles Police, Arroyo Grande Police, Pismo Beach Police, Grover Beach Police, Morro Bay Police and Cal Poly Police. The unit has been established to provide specialized support in handling critical field operations where intense negotiations and/or special tactical deployment methods beyond the capacity of field officers appear to be necessary. This policy is written to comply with the guidelines established in the Attorney General's Commission on Special Weapons and Tactics Report (September 2002) and the POST 2005 SWAT Operational Guidelines and Standardized Training Recommendations (Penal Code § 13514.1). 413.1.1 OPERATIONAL AND ADMINISTRATIVE POLICY The Regional S.W.A.T. Operational Manual was adopted by the Chief's of Police for all the participating agencies in July of 2009. The Operations Manual establishes and maintains a level of understanding between all participating agencies about the rules, regulations, and expectations that apply to all regional S.W.A.T. team members. The Operations Manual outlines policy and procedure in the following areas: 1. Administration and Personnel 2. Operations 3. Reporting Requirements 4. Performance Standards 5. Equipment Since situations that necessitate the need for such a police response vary greatly from incident to incident and such events often demand on-the-scene evaluation, the Operational Policy outlined in the manual serves as a guideline to department personnel allowing for appropriate on scene decision making as required. The administrative procedures, however, are more restrictive and few exceptions should be taken. 413.1.2 SWAT TEAM DEFINED A SWAT team is a designated unit of law enforcement officers that is specifically trained and equipped to work as a coordinated team to resolve critical incidents that are so hazardous, complex, or unusual that they may exceed the capabilities of first responders or investigative units including, but not limited to, hostage taking, barricaded suspects, snipers, terrorist acts and other high-risk incidents. As a matter of department policy, such a unit may also be used to serve high- risk warrants, both search and arrest, where public and officer safety issues warrant the use of such a unit. San Luis Obispo Police Department San Luis Obispo PD CA Policy Manual Regional SWAT Team Copyright Lexipol, LLC 2019/01/24, All Rights Reserved. Published with permission by San Luis Obispo Police Department Regional SWAT Team - 256 413.3 POLICY It shall be the policy of this Department to participate in the Name of your jurisdiction: Regional SWAT team in compliance with the Regional SWAT Agreement and operational guidelines. 413.3.1 POLICY CONSIDERATIONS A needs assessment should be conducted to determine the type and extent of SWAT missions and operations appropriate to this department. The assessment should consider the team's capabilities and limitations and should be reviewed annually by the SWAT Commander or his/her designee. 413.4 TRAINING NEEDS ASSESSMENT The SWAT/CRU Commander shall conduct an annual SWAT Training needs assessment to ensure that training is conducted within team capabilities, department policy and the training guidelines as established by POST (11 C.C.R. § 1084). 413.4.1 INITIAL TRAINING SWAT team operators and SWAT supervisors/team leaders should not be deployed until successful completion of the POST-certified Basic SWAT Course or its equivalent. (a)To avoid unnecessary or redundant training, previous training completed by members may be considered equivalent when the hours and content (topics) meet or exceed department requirements or POST standardized training recommendations. 413.4.2 UPDATED TRAINING Appropriate team training for the specialized SWAT functions and other supporting resources should be completed prior to full deployment of the team. SWAT team operators and SWAT supervisors/team leaders should complete update or refresher training as certified by POST, or its equivalent, every 24 months. 413.4.3 SUPERVISION AND MANAGEMENT TRAINING Command and executive personnel are encouraged to attend training for managing the SWAT function at the organizational level to ensure personnel who provide active oversight at the scene of SWAT operations understand the purpose and capabilities of the teams. Command personnel who may assume incident command responsibilities should attend SWAT or Critical Incident Commander course or its equivalent. SWAT command personnel should attend a POST-certified SWAT commander or tactical commander course, or its equivalent. 413.4.4 SWAT ONGOING TRAINING Training shall be coordinated by the CRU Commander. The CRU Commander may conduct monthly training exercises that include a review and critique of personnel and their performance in the exercise in addition to specialized training. Training shall consist of the following: (a)Each SWAT member shall perform a physical fitness test twice each year. A minimum qualifying score must be attained by each team member. San Luis Obispo Police Department San Luis Obispo PD CA Policy Manual Regional SWAT Team Copyright Lexipol, LLC 2019/01/24, All Rights Reserved. Published with permission by San Luis Obispo Police Department Regional SWAT Team - 257 (b)Any SWAT team member failing to attain the minimum physical fitness qualification score will be notified of the requirement to retest and attain a qualifying score. Within 30 days of the previous physical fitness test date, the member required to qualify shall report to a team supervisor and complete the entire physical fitness test. Failure to qualify after a second attempt may result in dismissal from the team. (c)Those members who are on vacation, ill, or are on light duty status with a doctor's note of approval on the test date, shall be responsible for reporting to a team supervisor and taking the test within 30 days of their return to regular duty. Any member, who fails to arrange for and perform the physical fitness test within the 30-day period, shall be considered as having failed to attain a qualifying score for that test period. (d)Quarterly, each SWAT team member shall perform the mandatory SWAT handgun qualification course. The qualification course shall consist of the SWAT Basic Drill for the handgun. Failure to qualify will require that officer to seek remedial training from a team range master approved by the CRU Commander. Team members who fail to qualify must retest within 30 days. Failure to qualify within 30 days with or without remedial training may result in dismissal from the team. (e)Each SWAT team member shall complete the quarterly SWAT qualification course for any specialty weapon issued to, or used by, the team member during SWAT operations. Failure to qualify will require the team member to seek remedial training from the Rangemaster who has been approved by the CRU commander. Team members who fail to qualify on their specialty weapon may not utilize the specialty weapon on SWAT operations until qualified. Team members who fail to qualify must retest within 30 days. Failure to qualify with specialty weapons within 30 days may result in the team member being removed from the team or permanently disqualified from use of that particular specialty weapon. 413.4.5 TRAINING SAFETY Use of a designated safety officer should be considered for all tactical training. 413.4.6 SCENARIO BASED TRAINING SWAT teams should participate in scenario-based training that simulates the tactical operational environment. Such training is an established method of improving performance during an actual deployment. 413.4.7 TRAINING DOCUMENTATION Individual and team training shall be documented and records maintained by the Training Unit. Such documentation shall be maintained in each member's individual training file. A separate agency SWAT training file shall be maintained with documentation and records of all team training. 413.5 UNIFORMS, EQUIPMENT, AND FIREARMS San Luis Obispo Police Department San Luis Obispo PD CA Policy Manual Regional SWAT Team Copyright Lexipol, LLC 2019/01/24, All Rights Reserved. Published with permission by San Luis Obispo Police Department Regional SWAT Team - 258 413.5.1 UNIFORMS SWAT teams from this agency should wear uniforms that clearly identify team members as law enforcement officers. It is recognized that certain tactical conditions may require covert movement. Attire may be selected appropriate to the specific mission. 413.5.2 EQUIPMENT SWAT teams from this agency should be adequately equipped to meet the specific mission(s) identified by the agency. 413.5.3 FIREARMS Weapons and equipment used by SWAT, the specialized units, and the supporting resources should be agency-issued or approved, including any modifications, additions, or attachments. 413.5.4 OPERATIONAL READINESS INSPECTIONS The CRU Commander shall appoint a CRU supervisor to perform operational readiness inspections of all unit equipment at least quarterly. The result of the inspection will be forwarded to the CRU Commander in writing. The inspection will include personal equipment issued to members of the unit, operational equipment maintained in the CRU facility and equipment maintained or used in CRU vehicles. 413.6 MANAGEMENT/SUPERVISION OF THE SAN LUIS OBISPO REGIONAL SWAT TEAM The Commander of the Regional SWAT Team shall be selected by the team's Board of Directors upon recommendation of staff. Team Leaders and Assistant Team Leaders shall be selected by the SWAT Commander, Tactical Commander and Assistant Tactical Commanders. 413.6.2 TEAM SUPERVISORS Team supervisors will generally be at the rank of sergeant. Supervisory responsibilities include: (a)Supervising the operations of the Crisis Negotiation Team, including deployment, training, operational actions, and other duties as directed by the SWAT Commander. (b)Supervising the operations of the SWAT Team, including deployment, training, operational actions, and other duties as directed by the SWAT Commander. 413.7 CRISIS NEGOTIATION TEAM ADMINISTRATIVE PROCEDURES The Crisis Negotiation Team has been established to provide skilled verbal communicators who may be utilized to attempt to de-escalate and effect surrender in critical situations where suspects have taken hostages, barricaded themselves, or have suicidal tendencies. The following procedures serve as directives for the administrative operation of the Crisis Negotiation Team. San Luis Obispo Police Department San Luis Obispo PD CA Policy Manual Regional SWAT Team Copyright Lexipol, LLC 2019/01/24, All Rights Reserved. Published with permission by San Luis Obispo Police Department Regional SWAT Team - 259 413.7.1 SELECTION OF PERSONNEL Interested sworn personnel, who are off probation, shall submit a memorandum of interest to the SWAT Commander and Crisis Negotiation Team Supervisor. Qualified applicants will then be invited to an oral interview. The interview will consist of the SWAT Commander, the Crisis Negotiation Team supervisor, and a third person to be selected by the two. Interested personnel shall be evaluated by the following criteria: (a)Recognized competence and ability as evidenced by performance. (b)Demonstrated good judgment and understanding of critical role of negotiator and negotiation process. (c)Effective communication skills to ensure success as a negotiator. (d)Special skills, training, or appropriate education as it pertains to the assignment. (e)Commitment to the unit, realizing that the assignment may necessitate unusual working hours, conditions, and training obligations. The oral board shall submit a list of successful applicants to staff for final selection. 413.7.2 TRAINING OF NEGOTIATORS Those officers selected as members of the Negotiation Team should attend the Basic Negotiators Course as approved by the Commission on Peace Officer Standards and Training (POST) prior to primary use in an actual crisis situation. Untrained officers may be used in a support or training capacity. Additional training will be coordinated by the team supervisor. A minimum of one training day per quarter will be required to provide the opportunity for role playing and situational training necessary to maintain proper skills. This will be coordinated by the team supervisor. Continual evaluation of a team member's performance and efficiency as it relates to the positive operation of the unit shall be conducted by the team supervisor. Performance and efficiency levels, established by the team supervisor, will be met and maintained by all team members. Any member of the Negotiation Team who performs or functions at a level less than satisfactory shall be subject to dismissal from the unit. 413.8 SWAT TEAM ADMINISTRATIVE PROCEDURES The following procedures pertain to the administrative operation of the Special Weapons and Tactics Team. 413.8.1 SELECTION OF PERSONNEL Selection of SLO PD SWAT Team members shall be made according to the policy for Special Assignment Selection. The testing process will consist of an oral board, physical agility test and SWAT basic handgun and rifle qualification. The oral board will consist of personnel selected by the SWAT Commander. Applicants will be evaluated based on the following criteria: (a)Recognized competence and ability as evidenced by performance; San Luis Obispo Police Department San Luis Obispo PD CA Policy Manual Regional SWAT Team Copyright Lexipol, LLC 2019/01/24, All Rights Reserved. Published with permission by San Luis Obispo Police Department Regional SWAT Team - 260 (b)Demonstrated good judgment and understanding of critical role of SWAT member; (c)Special skills, training, or appropriate education as it pertains to this assignment; and, (d)Commitment to the unit, realizing that the additional assignment may necessitate unusual working hours, conditions, and training obligations. (e)Physical agility: The physical agility test is designed to determine the physical capabilities of the applicant as it relates to performance of SWAT-related duties. The test and scoring procedure will be established by the SWAT Commander. A minimum qualifying score shall be attained by the applicant to be considered for the position. (f)SWAT basic handgun: Candidates will be invited to shoot the SWAT Basic Drill for the handgun. A passing score must be attained to qualify. A list of successful applicants shall be submitted to staff, by the SWAT Commander, for final selection. 413.8.2 TEAM EVALUATION Continual evaluation of a team member's performance and efficiency as it relates to the positive operation of the unit shall be conducted by the Team Supervisors. The performance and efficiency level, as established by the team supervisor, will be met and maintained by all SWAT Team members. Any member of the SWAT Team who performs or functions at a level less than satisfactory shall be subject to dismissal from the team. 413.9 OPERATION GUIDELINES FOR REGIONAL SWAT The following procedures serve as guidelines for the operational deployment of the Regional SWAT Team. Generally, the Special Weapons and Tactics Team and the Crisis Negotiation Team will be activated together. It is recognized, however, that a tactical team may be used in a situation not requiring the physical presence of the Crisis Negotiation Team such as warrant service operations. This shall be at the discretion of the SWAT Commander. 413.9.1 ON-SCENE DETERMINATION The supervisor in charge on the scene of a particular event will assess whether the Regional SWAT Team is to respond to the scene. Upon final determination by the Watch Commander, he/ she will request the activation of SWAT through the SWAT Commander or Tactical Commander. 413.9.2 APPROPRIATE SITUATIONS FOR USE OF THE REGIONAL SWAT TEAM The following are examples of incidents which may result in the activation of the Regional SWAT Team: (a)Barricaded suspects who refuse an order to surrender. (b)Incidents where hostages are taken. (c)Arrests of dangerous persons. San Luis Obispo Police Department San Luis Obispo PD CA Policy Manual Regional SWAT Team Copyright Lexipol, LLC 2019/01/24, All Rights Reserved. Published with permission by San Luis Obispo Police Department Regional SWAT Team - 261 (d)Any situation that could enhance the ability to preserve life, maintain social order, and ensure the protection of property. 413.9.3 OUTSIDE AGENCY REQUESTS Requests by field personnel for assistance from outside agency Special Weapons Teams must be approved by the Watch Commander. Deployment of the San Luis Obispo County Regional SWAT Team in response to requests by other agencies must be authorized by a SWAT Team Commander. 413.9.4 MULTI-JURISDICTIONAL SWAT OPERATIONS The SWAT team, including relevant specialized units and supporting resources, should develop protocols, agreements, MOU's, or working relationships to support multi-jurisdictional or regional responses. (a)If it is anticipated that multi-jurisdictional SWAT operations will regularly be conducted; SWAT multi-agency and multi-disciplinary joint training exercises are encouraged. (b)Members of the San Luis Obispo Police Department SWAT team shall operate under the policies, procedures and command of the San Luis Obispo Police Department when working in a multi-agency situation. 413.9.5 MOBILIZATION OF REGIONAL SWAT TEAM The On-Scene supervisor shall make a request to the Watch Commander for the Regional SWAT Team. The Watch Commander shall request the Regional SWAT Team through the SWAT Commander. If unavailable, the Tactical Commander shall be notified. A current mobilization list shall be maintained in the Watch Commander's office by the SWAT Commander. The Watch Commander should advise the SWAT Commander with as much of the following information which is available at the time: (a)The number of suspects, known weapons and resources. (b)If the suspect is in control of hostages. (c)If the suspect is barricaded. (d)The type of crime involved. (e)If the suspect has threatened or attempted suicide. (f)The location of the command post and a safe approach to it. (g)The extent of any perimeter and the number of officers involved. (h)Any other important facts critical to the immediate situation and whether the suspect has refused an order to surrender. San Luis Obispo Police Department San Luis Obispo PD CA Policy Manual Regional SWAT Team Copyright Lexipol, LLC 2019/01/24, All Rights Reserved. Published with permission by San Luis Obispo Police Department Regional SWAT Team - 262 413.9.6 FIELD UNIT RESPONSIBILITIES While waiting for the Crisis Response Unit, field personnel should, if safe, practical and sufficient resources exist: (a)Establish an inner and outer perimeter. (b)Establish a command post outside of the inner perimeter. (c)Establish an arrest/response team. The team actions may include: 1.Securing any subject or suspect who may surrender. 2.Taking action to mitigate a deadly threat or behavior. (d)Evacuate any injured persons or citizens in the zone of danger. (e)Attempt to establish preliminary communication with the suspect. Once the CRU has arrived, all negotiations should generally be halted to allow the negotiators and SWAT time to set up. (f)Be prepared to brief the CRU Commander on the situation. (g)Plan for, and stage, anticipated resources. 413.9.7 ON-SCENE COMMAND RESPONSIBILITIES Upon arrival of the Regional SWAT Team at the scene, the Incident Commander shall brief the SWAT Commander and team supervisors about the situation. Upon review, it will be the Incident Commander's decision, with input from the SWAT Commander, whether to deploy the Regional SWAT Team. Once the Incident Commander authorizes deployment, the SWAT Commander will be responsible for the tactical portion of the operation. The Incident Commander shall continue supervision of the command post operation, outer perimeter security, and support for the Regional SWAT Team. The Incident Commander and the SWAT Commander (or his or her designee) shall maintain communications at all times. 413.9.8 COMMUNICATION WITH TEAM PERSONNEL Persons who are not members of the Regional SWAT or Crisis Negotiation Teams should refrain from any non-emergency contact or interference with any member of the Team during active deployment or negotiations. Operations require the utmost in concentration by involved personnel and, as a result, no one should interrupt or communicate with SWAT or Negotiating Team personnel directly unless requested or necessary for the operation. All non-emergency communications shall be channeled through the managers on scene. Policy 416 San Luis Obispo Police Department San Luis Obispo PD CA Policy Manual Copyright Lexipol, LLC 2019/01/24, All Rights Reserved. Published with permission by San Luis Obispo Police Department Ride-Along Policy - 263 Ride-Along Policy 416.1 PURPOSE AND SCOPE The Ride-Along Program provides an opportunity for citizens to experience the law enforcement function first hand. This policy provides the requirements, approval process, and hours of operation for the Ride-Along Program. 416.1.1 ELIGIBILITY The San Luis Obispo Police Department Ride-Along Program is offered to residents, students and those employed within the City. Every attempt will be made to accommodate interested persons however any applicant may be disqualified without cause. The following factors may be considered in disqualifying an applicant and are not limited to: •Being under 15 years of age •Prior criminal history •Pending criminal action •Pending lawsuit against the Department •Denial by any supervisor 416.2 PROCEDURE TO REQUEST A RIDE-ALONG Generally, ride-along requests will be scheduled by the Watch Commander. The participant will complete a ride-along waiver form. Information requested will include a valid ID or California driver’s license, address, and telephone number. If the participant is under 18 years of age, a parent/guardian must be present to complete the Ride-Along Form. The Watch Commander will schedule a date, based on availability, at least one week after the date of application. If approved, a copy will be forwarded to the respective Watch Commander as soon as possible for his/her scheduling considerations. If the ride-along is denied after the request has been made, a representative of the Department will contact the applicant and advise him/her of the denial. 416.2.1 PROGRAM REQUIREMENTS Once approved, civilian ride-alongs will be allowed to ride no more than once every six months. An exception would apply to the following: Cadets, Explorers, RSVP, Chaplains, Reserves, police applicants, and all others with approval of the Watch Commander. An effort will be made to ensure that no more than one citizen will participate in a ride-along during any given time period. Normally, no more than one ride-along will be allowed in the officer's vehicle at a given time. San Luis Obispo Police Department San Luis Obispo PD CA Policy Manual Ride-Along Policy Copyright Lexipol, LLC 2019/01/24, All Rights Reserved. Published with permission by San Luis Obispo Police Department Ride-Along Policy - 264 Ride-along requirements for police cadets are covered in the Police Cadets Policy. 416.2.2 SUITABLE ATTIRE Any person approved to ride along is required to be suitably dressed in collared shirt, blouse or jacket, slacks and shoes. Sandals, T-shirts, tank tops, shorts and ripped or torn blue jeans are not permitted. Hats and ball caps will not be worn in the police vehicle. The Watch Commander or field supervisor may refuse a ride along to anyone not properly dressed. 416.2.3 PEACE OFFICER RIDE-ALONGS Off-duty members of this department or any other law enforcement agency will not be permitted to ride-along with on-duty officers without the expressed consent of the Watch Commander. In the event that such a ride-along is permitted, the off-duty employee shall not be considered on- duty and shall not represent themselves as a peace officer or participate in any law enforcement activity except as emergency circumstances may require. 416.2.4 RIDE-ALONG CRIMINAL HISTORY CHECK All Ride-along applicants are subject to a criminal history check. The criminal history check may include a local records check and a Department of Justice Automated Criminal History System check through CLETS prior to their approval as a ride-along with a law enforcement officer (provided that the ride-along is not an employee of the San Luis Obispo Police Department) (CLETS Policies, Practices and Procedures Manual § 1.6.1.F.2.). 416.3 OFFICER’S RESPONSIBILITY The officer shall advise the dispatcher that a ride-along is present in the vehicle before going into service. Officers shall consider the safety of the ride-along at all times. Officers should use sound discretion when encountering a potentially dangerous situation, and if feasible, let the participant out of the vehicle in a well-lighted place of safety. The dispatcher will be advised of the situation and as soon as practical have another police unit respond to pick up the participant at that location. The ride-along may be continued or terminated at this time. The Watch Commander is responsible for maintaining and scheduling ride-alongs. Upon completion of the ride-along, the ride-along form shall be returned to the Watch Commander with any comments which may be offered by the officer. 416.4 CONTROL OF RIDE-ALONG The assigned employee shall maintain control over the ride-along at all times and instruct him/her in the conditions that necessarily limit their participation. These instructions should include: (a)The ride-along will follow the directions of the officer (b)The ride-along will not become involved in any investigation, handling of evidence, discussions with victims or suspects, or handling any police equipment San Luis Obispo Police Department San Luis Obispo PD CA Policy Manual Ride-Along Policy Copyright Lexipol, LLC 2019/01/24, All Rights Reserved. Published with permission by San Luis Obispo Police Department Ride-Along Policy - 265 (c)The ride-along may terminate the ride at any time and the officer may return the observer to their home or to the station if the ride-along interferes with the performance of the officer’s duties (d)Ride-alongs may be allowed to continue riding during the transportation and booking process provided this does not jeopardize their safety (e)Officers will not allow any ride-alongs to be present in any residences or situations that would jeopardize their safety or cause undue stress or embarrassment to a victim or any other citizen (f)Under no circumstance shall a civilian ride along be permitted to enter a private residence with an officer without the expressed consent of the resident or other authorized person Policy 419 San Luis Obispo Police Department San Luis Obispo PD CA Policy Manual Copyright Lexipol, LLC 2019/01/24, All Rights Reserved. Published with permission by San Luis Obispo Police Department Hazardous Material Response - 266 Hazardous Material Response 419.1 PURPOSE AND SCOPE Hazardous materials present a potential harm to employees resulting from their exposure. To comply with Title 8, California Code of Regulations, § 5194, the following is to be the policy of this department. 419.1.1 HAZARDOUS MATERIAL DEFINED A hazardous material is a substance which by its nature, containment and reactivity, has the capability of inflicting harm during exposure; characterized as being toxic, corrosive, flammable, reactive, an irritant or strong sensitizer and thereby posing a threat to health when improperly managed. 419.2 HAZARDOUS MATERIAL RESPONSE Employees may encounter situations involving suspected hazardous materials, such as at the scene of a traffic accident, chemical spill or fire. When employees come into contact with a suspected hazardous material, certain steps should be taken to protect themselves and citizens. The following steps should be considered at any scene involving suspected hazardous materials: (a)Attempt to identify the type of hazardous substance. (Identification can be determined by placard, driver's manifest or statements from the person transporting). (b)Notify the Fire Department. (c)Provide first-aid for injured parties if it can be done safely and without contamination. (d)Begin evacuation of the immediate area and surrounding areas, depending on the substance. Voluntary evacuation should be considered; however, depending on the substance, mandatory evacuation may be necessary. (e)Notify the local health authority. Such notification is mandatory when a spilled or released item is a pesticide (Health and Safety Code § 105215). (f)Notify the Department of Toxic Substances Control. This is mandatory when an officer comes in contact with, or is aware of, the presence of a suspected hazardous substance at a site where an illegal controlled substance is or was manufactured (Health and Safety § 25354.5). 419.3 REPORTING EXPOSURE(S) Department personnel who believe that they have been exposed to a hazardous material shall immediately report the exposure to a supervisor. Injury or illness caused or believed to be caused from exposure to hazardous materials shall be reported the same as any other on-duty injury or illness in addition to a crime report, incident report or exposure report. San Luis Obispo Police Department San Luis Obispo PD CA Policy Manual Hazardous Material Response Copyright Lexipol, LLC 2019/01/24, All Rights Reserved. Published with permission by San Luis Obispo Police Department Hazardous Material Response - 267 419.3.1 SUPERVISOR RESPONSIBILITY When a supervisor has been informed that an employee has been exposed to a hazardous material, he/she shall ensure that immediate medical treatment is obtained and appropriate action is taken to lessen the exposure. To ensure the safety of employees, safety equipment is available through supervisory personnel. Safety items not maintained by the Department will be obtained through the Fire Department. Policy 422 San Luis Obispo Police Department San Luis Obispo PD CA Policy Manual Copyright Lexipol, LLC 2019/01/24, All Rights Reserved. Published with permission by San Luis Obispo Police Department Hostage and Barricade Incidents - 268 Hostage and Barricade Incidents 422.1 PURPOSE AND SCOPE The purpose of this policy is to provide guidelines for situations where officers have legal cause to contact, detain or arrest a person, and the person refuses to submit to the lawful requests of the officers by remaining in a structure or vehicle and/or by taking a hostage. The scope of this policy is not intended to address all variables that officers encounter during their initial response or when a hostage or barricade situation has developed. This policy does not require or purport to recommend specific strategies or tactics for resolution as each incident is a dynamic and rapidly evolving event. 422.1.1 DEFINITIONS Definitions related to this policy include: Barricade situation - An incident where a person maintains a position of cover or concealment and ignores or resists law enforcement personnel, and it is reasonable to believe the subject is armed with a dangerous or deadly weapon. Hostage situation - An incident where it is reasonable to believe a person is: (a) Unlawfully held by a hostage-taker as security so that specified terms or conditions will be met. (b) Unlawfully held against his/her will under threat or actual use of force. 422.2 POLICY It is the policy of the San Luis Obispo Police Department to address hostage and barricade situations with due regard for the preservation of life and balancing the risk of injury, while obtaining the safe release of hostages, apprehending offenders and securing available evidence. 422.3 COMMUNICATION When circumstances permit, initial responding officers should try to establish and maintain lines of communication with a barricaded person or hostage-taker. Officers should attempt to identify any additional subjects, inquire about victims and injuries, seek the release of hostages, gather intelligence information, identify time-sensitive demands or conditions and obtain the suspect’s surrender. When available, department-authorized negotiators should respond to the scene as soon as practicable and assume communication responsibilities. Negotiators are permitted to exercise flexibility in each situation based upon their training, the circumstances presented, suspect actions or demands and the available resources. 422.3.1 EMERGENCY COMMUNICATIONS Only an officer who has been designated by the District Attorney or Attorney General may use or authorize the use of an electronic amplifying or recording device to eavesdrop on or record, San Luis Obispo Police Department San Luis Obispo PD CA Policy Manual Hostage and Barricade Incidents Copyright Lexipol, LLC 2019/01/24, All Rights Reserved. Published with permission by San Luis Obispo Police Department Hostage and Barricade Incidents - 269 or both, oral communication in response to an emergency situation involving a hostage or the barricading of a location, and only when (Penal Code § 633.8(b)): (a)The officer reasonably determines an emergency situation exists that involves the immediate danger of death or serious physical injury to any person within the meaning of 18 USC § 2518(7)(a)(i), (b)The officer reasonably determines that the emergency situation requires that eavesdropping on oral communication occur immediately, and (c)There are grounds upon which an order could be obtained pursuant to 18 USC § 2516(2). (d)An application for an order approving the eavesdropping and complying with the requirements of Penal Code § 629.50 is made within 48 hours of the beginning of the eavesdropping. (e)The contents of any oral communications overheard are recorded on tape or other comparable device. 422.4 FIRST RESPONDER CONSIDERATIONS First responding officers should promptly and carefully evaluate all available information to determine whether an incident involves, or may later develop into, a hostage or barricade situation. The first responding officer should immediately request a supervisor’s response as soon as it is determined that a hostage or barricade situation exists. The first responding officer shall assume the duties of the supervisor until relieved by a supervisor or a more qualified responder. The officer shall continually evaluate the situation, including the level of risk to officers, to the persons involved and to bystanders, and the resources currently available. The handling officer should brief the arriving supervisor of the incident, including information about suspects and victims, the extent of any injuries, additional resources or equipment that may be needed, and current perimeters and evacuation areas. 422.4.1 BARRICADE SITUATION Unless circumstances require otherwise, officers handling a barricade situation should attempt to avoid a forceful confrontation in favor of stabilizing the incident by establishing and maintaining lines of communication while awaiting the arrival of specialized personnel and trained negotiators. During the interim the following options, while not all-inclusive or in any particular order, should be considered: (a)Ensure injured persons are evacuated from the immediate threat area if it is reasonably safe to do so. Request medical assistance. (b)Assign personnel to a contact team to control the subject should he/she attempt to exit the building, structure or vehicle, and attack, use deadly force, attempt to escape or surrender prior to additional resources arriving. San Luis Obispo Police Department San Luis Obispo PD CA Policy Manual Hostage and Barricade Incidents Copyright Lexipol, LLC 2019/01/24, All Rights Reserved. Published with permission by San Luis Obispo Police Department Hostage and Barricade Incidents - 270 (c)Request additional personnel, resources and equipment as needed (e.g., canine team, air support). (d)Provide responding emergency personnel with a safe arrival route to the location. (e)Evacuate uninjured persons in the immediate threat area if it is reasonably safe to do so. (f)Attempt or obtain a line of communication and gather as much information on the subject as possible, including weapons, other involved parties, additional hazards or injuries. (g)Establish an inner and outer perimeter as circumstances require and resources permit to prevent unauthorized access. (h)Evacuate bystanders, residents and businesses within the inner and then outer perimeter as appropriate. Check for injuries, the presence of other involved subjects, witnesses, evidence or additional information. (i)Determine the need for and notify the appropriate persons within and outside the Department, such as command officers and the Public Information Officer (PIO). (j)If necessary and available, establish a tactical or exclusive radio frequency for the incident. (k)Establish a command post. 422.4.2 HOSTAGE SITUATION Officers presented with a hostage situation should attempt to avoid a forceful confrontation in favor of controlling the incident in anticipation of the arrival of specialized personnel and trained hostage negotiators. However, it is understood that hostage situations are dynamic and can require that officers react quickly to developing or changing threats. The following options, while not all-inclusive or in any particular order, should be considered: (a)Ensure injured persons are evacuated from the immediate threat area if it is reasonably safe to do so. Request medical assistance. (b)Assign personnel to a contact team to control the subject should he/she attempt to exit the building, structure or vehicle, and attack, use deadly force, attempt to escape or surrender prior to additional resources arriving. (c)Establish a rapid response team in the event it becomes necessary to rapidly enter a building, structure or vehicle, such as when the suspect is using deadly force against any hostages (see the Rapid Response and Deployment Policy). (d)Assist hostages or potential hostages to escape if it is reasonably safe to do so. Hostages should be kept separated if practicable pending further interview. (e)Request additional personnel, resources and equipment as needed (e.g., canine team, air support). (f)Provide responding emergency personnel with a safe arrival route to the location. (g)Evacuate uninjured persons in the immediate threat area if it is reasonably safe to do so. San Luis Obispo Police Department San Luis Obispo PD CA Policy Manual Hostage and Barricade Incidents Copyright Lexipol, LLC 2019/01/24, All Rights Reserved. Published with permission by San Luis Obispo Police Department Hostage and Barricade Incidents - 271 (h)Coordinate pursuit or surveillance vehicles and control of travel routes. (i)Attempt to obtain a line of communication and gather as much information about the suspect as possible, including any weapons, victims and their injuries, additional hazards, other involved parties and any other relevant intelligence information. (j)Establish an inner and outer perimeter as resources and circumstances permit to prevent unauthorized access. (k)Evacuate bystanders, residents and businesses within the inner and then outer perimeter as appropriate. Check for injuries, the presence of other involved subjects, witnesses, evidence or additional information. (l)Determine the need for and notify the appropriate persons within and outside the Department, such as command officers and the PIO. (m)If necessary and available, establish a tactical or exclusive radio frequency for the incident. 422.5 SUPERVISOR RESPONSIBILITIES Upon being notified that a hostage or barricade situation exists, the supervisor should immediately respond to the scene, assess the risk level of the situation, establish a proper chain of command and assume the role of Incident Commander until properly relieved. This includes requesting a Special Weapons and Tactics Team (SWAT) response if appropriate and apprising the SWAT Commander of the circumstances. In addition, the following options should be considered: (a)Ensure injured persons are evacuated and treated by medical personnel. (b)Ensure the completion of necessary first responder responsibilities or assignments. (c)Request crisis negotiators, specialized units, additional personnel, resources or equipment as appropriate. (d)Establish a command post location as resources and circumstances permit. (e)Designate assistants who can help with intelligence information and documentation of the incident. (f)If it is practicable to do so, arrange for video documentation of the operation. (g)Consider contacting utility and communication providers to restrict such services (e.g., restricting electric power, gas, telephone service). 1.When considering restricting communication services, a supervisor should make the determination that there is reason to believe an emergency situation exists involving immediate danger of death or great bodily harm and that an interruption to communication services is necessary to protect public safety (Penal Code § 11471). The supervisor must ensure the Department obtains a court order, in accordance with Penal Code § 11472, prior to requesting the interruption. In the case of an extreme emergency when there is insufficient time to obtain an order prior to the request, application for the order must be submitted within six hours after initiating the interruption. If six hours is not possible, then the application for the court order shall be made at the first reasonably available opportunity, but no later than 24 hours in accordance with Penal Code § 11475. San Luis Obispo Police Department San Luis Obispo PD CA Policy Manual Hostage and Barricade Incidents Copyright Lexipol, LLC 2019/01/24, All Rights Reserved. Published with permission by San Luis Obispo Police Department Hostage and Barricade Incidents - 272 (h)Ensure adequate law enforcement coverage for the remainder of the City during the incident. The supervisor should direct non-essential personnel away from the scene unless they have been summoned by the supervisor or the Communications Center. (i)Identify a media staging area outside the outer perimeter and have the department Public Information Officer or a designated temporary media representative provide media access in accordance with the Media Relations Policy. (j)Identify the need for mutual aid and the transition or relief of personnel for incidents of extended duration. (k)Debrief personnel and review documentation as appropriate. 422.6 SWAT RESPONSIBILITIES The Incident Commander will decide, with input from the SWAT Commander, whether to deploy the SWAT during a hostage or barricade situation. Once the Incident Commander authorizes deployment, the SWAT Commander or the authorized designee will be responsible for the tactical portion of the operation. The Incident Commander shall continue supervision of the command post operation, outer perimeter security and evacuation, media access and support for the SWAT. The Incident Commander and the SWAT Commander or the authorized designee shall maintain communications at all times. 422.7 REPORTING Unless otherwise relieved by a supervisor or Incident Commander, the handling officer at the scene is responsible for completion and/or coordination of incident reports. Policy 425 San Luis Obispo Police Department San Luis Obispo PD CA Policy Manual Copyright Lexipol, LLC 2019/01/24, All Rights Reserved. Published with permission by San Luis Obispo Police Department Response to Bomb Calls - 273 Response to Bomb Calls 425.1 PURPOSE AND SCOPE The purpose of this policy is to provide guidelines to assist members of the San Luis Obispo Police Department in their initial response to incidents involving explosives, explosive devices, explosion/ bombing incidents or threats of such incidents. Under no circumstances should these guidelines be interpreted as compromising the safety of first responders or the public. When confronted with an incident involving explosives, safety should always be the primary consideration. 425.2 POLICY It is the policy of the San Luis Obispo Police Department to place a higher priority on the safety of persons and the public over damage or destruction to public or private property. 425.3 RECEIPT OF BOMB THREAT Department members receiving a bomb threat should obtain as much information from the individual as reasonably possible, including the type, placement and alleged detonation time of the device. If the bomb threat is received on a recorded line, reasonable steps should be taken to ensure that the recording is preserved in accordance with established department evidence procedures. The member receiving the bomb threat should ensure that the Watch Commander is immediately advised and informed of the details. This will enable the Watch Commander to ensure that the appropriate personnel are dispatched, and, as appropriate, the threatened location is given an advance warning. 425.4 GOVERNMENT FACILITY OR PROPERTY A bomb threat targeting a government facility may require a different response based on the government agency. 425.4.1 SAN LUIS OBISPO POLICE DEPARTMENT FACILITY If the bomb threat is against the San Luis Obispo Police Department facility, the Watch Commander will direct and assign officers as required for coordinating a general building search or evacuation of the police department, as he/she deems appropriate. 425.4.2 OTHER COUNTY OR MUNICIPAL FACILITY OR PROPERTY If the bomb threat is against a county or municipal facility within the jurisdiction of the San Luis Obispo Police Department that is not the property of this department, the appropriate agency will be promptly informed of the threat. Assistance to the other entity may be provided as the Watch Commander deems appropriate. San Luis Obispo Police Department San Luis Obispo PD CA Policy Manual Response to Bomb Calls Copyright Lexipol, LLC 2019/01/24, All Rights Reserved. Published with permission by San Luis Obispo Police Department Response to Bomb Calls - 274 425.4.3 FEDERAL BUILDING OR PROPERTY If the bomb threat is against a federal building or property, the Federal Protective Service should be immediately notified. The Federal Protective Service provides a uniformed law enforcement response for most facilities, which may include use of its Explosive Detector Dog teams. If the bomb threat is against a federal government property where the Federal Protective Service is unable to provide a timely response, the appropriate facility’s security or command staff should be notified. Bomb threats against a military installation should be reported to the military police or other military security responsible for the installation. 425.5 PRIVATE FACILITY OR PROPERTY When a member of this department receives notification of a bomb threat at a location in the City of Name of your jurisdiction:, the member receiving the notification should obtain as much information as reasonably possible from the notifying individual, including: (a)The location of the facility. (b)The nature of the threat. (c)Whether the type and detonation time of the device is known. (d)Whether the facility is occupied and, if so, the number of occupants currently on-scene. (e)Whether the individual is requesting police assistance at the facility. (f)Whether there are any internal facility procedures regarding bomb threats in place, such as: 1.No evacuation of personnel and no search for a device. 2.Search for a device without evacuation of personnel. 3.Evacuation of personnel without a search for a device. 4.Evacuation of personnel and a search for a device. The member receiving the bomb threat information should ensure that the Watch Commander is immediately notified so that he/she can communicate with the person in charge of the threatened facility. 425.5.1 ASSISTANCE The Watch Commander should be notified when police assistance is requested. The Watch Commander will make the decision whether the Department will render assistance and at what level. Information and circumstances that indicate a reasonably apparent, imminent threat to the safety of either the facility or the public may require a more active approach, including police control over the facility. Should the Watch Commander determine that the Department will assist or control such an incident, he/she will determine: (a)The appropriate level of assistance. San Luis Obispo Police Department San Luis Obispo PD CA Policy Manual Response to Bomb Calls Copyright Lexipol, LLC 2019/01/24, All Rights Reserved. Published with permission by San Luis Obispo Police Department Response to Bomb Calls - 275 (b)The plan for assistance. (c)Whether to evacuate and/or search the facility. (d)Whether to involve facility staff in the search or evacuation of the building. 1.The person in charge of the facility should be made aware of the possibility of damage to the facility as a result of a search. 2.The safety of all participants is the paramount concern. (e)The need for additional resources, including: 1.Notification and response, or standby notice, for fire and emergency medical services. Even though a facility does not request police assistance to clear the interior of a building, based upon the circumstances and known threat, officers may be sent to the scene to evacuate other areas that could be affected by the type of threat, or for traffic and pedestrian control. 425.6 FOUND DEVICE When handling an incident involving a suspected explosive device, the following guidelines, while not all inclusive, should be followed: (a)No known or suspected explosive item should be considered safe regardless of its size or apparent packaging. (b)The device should not be touched or moved except by the bomb squad or military explosive ordnance disposal team. (c)Personnel should not transmit on any equipment that is capable of producing radio frequency energy within the evacuation area around the suspected device. This includes the following: 1.Two-way radios 2.Cell phones 3.Other personal communication devices (d)The appropriate bomb squad or military explosive ordnance disposal team should be summoned for assistance. (e)The largest perimeter reasonably possible should initially be established around the device based upon available personnel and the anticipated danger zone. (f)A safe access route should be provided for support personnel and equipment. (g)Search the area for secondary devices as appropriate and based upon available resources. (h)Consider evacuation of buildings and personnel near the device or inside the danger zone and the safest exit route. (i)Promptly relay available information to the Watch Commander including: 1.The time of discovery. San Luis Obispo Police Department San Luis Obispo PD CA Policy Manual Response to Bomb Calls Copyright Lexipol, LLC 2019/01/24, All Rights Reserved. Published with permission by San Luis Obispo Police Department Response to Bomb Calls - 276 2.The exact location of the device. 3.A full description of the device (e.g., size, shape, markings, construction). 4.The anticipated danger zone and perimeter. 5.The areas to be evacuated or cleared. 425.7 EXPLOSION/BOMBING INCIDENTS When an explosion has occurred, there are multitudes of considerations which may confront the responding officers. As in other catastrophic events, a rapid response may help to minimize injury to victims, minimize contamination of the scene by gathering crowds, or minimize any additional damage from fires or unstable structures. 425.7.1 CONSIDERATIONS Officers responding to explosions, whether accidental or a criminal act, should consider the following actions: (a)Assess the scope of the incident, including the number of victims and extent of injuries. (b)Request additional personnel and resources, as appropriate. (c)Assist with first aid. (d)Identify and take appropriate precautions to mitigate scene hazards, such as collapsed structures, bloodborne pathogens and hazardous materials. (e)Assist with the safe evacuation of victims, if possible. (f)Establish an inner perimeter to include entry points and evacuation routes. Search for additional or secondary devices. (g)Preserve evidence. (h)Establish an outer perimeter and evacuate if necessary. (i)Identify witnesses. 425.7.2 NOTIFICATIONS When an explosion has occurred, the following people should be notified as appropriate: •Fire department •Bomb squad •Additional department personnel, such as investigators and forensic services •Field supervisor •Watch Commander •Other law enforcement agencies, including local, state or federal agencies, such as the FBI and the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) •Other government agencies, as appropriate San Luis Obispo Police Department San Luis Obispo PD CA Policy Manual Response to Bomb Calls Copyright Lexipol, LLC 2019/01/24, All Rights Reserved. Published with permission by San Luis Obispo Police Department Response to Bomb Calls - 277 425.7.3 CROWD CONTROL Only authorized members with a legitimate need should be permitted access to the scene. Spectators and other unauthorized individuals should be restricted to a safe distance as is reasonably practicable given the available resources and personnel. 425.7.4 PRESERVATION OF EVIDENCE As in any other crime scene, steps should immediately be taken to preserve the scene. The Watch Commander should assign officers to protect the crime scene area, which could extend over a long distance. Consideration should be given to the fact that evidence may be imbedded in nearby structures or hanging in trees and bushes. Policy 428 San Luis Obispo Police Department San Luis Obispo PD CA Policy Manual Copyright Lexipol, LLC 2019/01/24, All Rights Reserved. Published with permission by San Luis Obispo Police Department Mental Illness Commitments - 278 Mental Illness Commitments 428.1 PURPOSE AND SCOPE This policy provides guidelines for when officers may take a person into custody for psychiatric evaluation and treatment (5150 commitment) (Welfare and Institutions Code § 5150). 428.2 POLICY It is the policy of the San Luis Obispo Police Department to protect the public and individuals through legal and appropriate use of the 72-hour treatment and evaluation commitment (5150 commitment) process. 428.3 AUTHORITY An officer having probable cause may take a person into custody and place the person in an approved mental health facility for 72-hour treatment and evaluation when the officer believes that, as a result of a mental disorder, the person is a danger to him/herself or others or the person is gravely disabled (Welfare and Institutions Code § 5150; Welfare and Institutions Code § 5585.50). When determining whether to take a person into custody, officers are not limited to determining the person is an imminent danger and shall consider reasonably available information about the historical course of the person’s mental disorder, which may include evidence presented from any of the following (Welfare and Institutions Code § 5150; Welfare and Institutions Code § 5150.05): (a)An individual who is providing or has provided mental health treatment or related support services to the person (b)A family member (c)The person subject to the determination or anyone designated by the person 428.3.1 VOLUNTARY EVALUATION If an officer encounters an individual who may qualify for a 5150 commitment, he/she may inquire as to whether the person desires to voluntarily be evaluated at an appropriate facility. If the person so desires, the officers should: (a)Transport the person to an appropriate facility that is able to conduct the evaluation and admit the person pursuant to a 5150 commitment. (b)If at any point the person changes his/her mind regarding voluntary evaluation, officers should proceed with the 5150 commitment, if appropriate. (c)Document the circumstances surrounding the individual’s desire to pursue voluntary evaluation and/or admission. 428.4 CONSIDERATIONS AND RESPONSIBILITIES Any officer handling a call involving an individual who may qualify for a 5150 commitment should consider, as time and circumstances reasonably permit: San Luis Obispo Police Department San Luis Obispo PD CA Policy Manual Mental Illness Commitments Copyright Lexipol, LLC 2019/01/24, All Rights Reserved. Published with permission by San Luis Obispo Police Department Mental Illness Commitments - 279 (a)Available information that might assist in determining the cause and nature of the person’s action or stated intentions. (b)Community or neighborhood mediation services. (c)Conflict resolution and de-escalation techniques. (d)Community or other resources available to assist in dealing with mental health issues. While these steps are encouraged, nothing in this section is intended to dissuade officers from taking reasonable action to ensure the safety of the officers and others. Officers should consider a 5150 commitment over arrest when mental health issues appear to be a mitigating factor for people who are suspected of committing minor crimes or creating other public safety issues. 428.4.1 SECURING OF PROPERTY When a person is taken into custody for evaluation, or within a reasonable time thereafter, and unless a responsible relative, guardian or conservator is in possession of the person's personal property, the officer shall take reasonable precautions to safeguard the individual’s personal property in his/her possession or on the premises occupied by the person (Welfare and Institutions Code § 5150). The officer taking the person into custody shall provide a report to the court that describes the person’s property and its disposition in the format provided in Welfare and Institutions Code § 5211, unless a responsible person took possession of the property, in which case the officer shall only include the name of the responsible person and the location of the property (Welfare and Institutions Code § 5150). 428.5 TRANSPORTATION When transporting any individual for a 5150 commitment, the transporting officer should have the Communications Center notify the receiving facility of the estimated time of arrival, the level of cooperation of the individual and whether any special medical care is needed. Officers may transport individuals in a patrol unit and shall secure them in accordance with the Handcuffing and Restraints Policy. Should the detainee require transport in a medical transport vehicle and the safety of any person, including the detainee, requires the presence of an officer during the transport, Watch Commander approval is required before transport commences. 428.6 TRANSFER TO APPROPRIATE FACILITY Upon arrival at the facility, the officer will escort the individual into a treatment area designated by a facility staff member. If the individual is not seeking treatment voluntarily, the officer should provide the staff member with the written application for a 5150 commitment and remain present to provide clarification of the grounds for detention, upon request. Absent exigent circumstances, the transporting officer should not assist facility staff with the admission process, including restraint of the individual. However, if the individual is transported San Luis Obispo Police Department San Luis Obispo PD CA Policy Manual Mental Illness Commitments Copyright Lexipol, LLC 2019/01/24, All Rights Reserved. Published with permission by San Luis Obispo Police Department Mental Illness Commitments - 280 and delivered while restrained, the officer may assist with transferring the individual to facility restraints and will be available to assist during the admission process, if requested. Under normal circumstances, officers will not apply facility-ordered restraints. 428.7 DOCUMENTATION The officer shall complete an application for a 72-Hour detention for evaluation and treatment, provide it to the facility staff member assigned to that patient and retain a copy of the application for inclusion in the case report. The application shall include the circumstances for officer involvement; the probable cause to believe the person is, as a result of a mental health disorder, a danger to others or him/herself or gravely disabled; and all information used for the determination of probable cause (Welfare and Institutions Code § 5150; Welfare and Institutions Code § 5150.05). The officer should also provide a verbal summary to any evaluating staff member regarding the circumstances leading to the involuntary detention. 428.7.1 ADVISEMENT The officer taking a person into custody for evaluation shall advise the person of: (a)The officer’s name and agency. (b)The fact that the person is not under criminal arrest but is being taken for examination by mental health professionals and the mental health staff will advise him/her of their rights. (c)The name of the facility to which the person is being taken. (d)If the person is being taken into custody at his/her residence, he/she should also be advised that he/she may take a few personal items, which the officer must approve, and may make a telephone call or leave a note indicating where he/she is being taken. The officer should also ask if the person needs assistance turning off any appliance or water. The advisement shall be given in a language the person understands. If the person cannot understand an oral advisement, the information shall be provided in writing (Welfare and Institutions Code § 5150). 428.8 MENTAL HEALTH ASSISTANCE Officers shall respond to Mental Health when summoned for assistance. Officers will take action on any criminal matter when they observe it committed in their presence or under the guidelines of private persons arrest. Officers shall restrain combative patients in order to protect others from injury or the damage of property however will not use physical force to assist with the administering of medication. San Luis Obispo Police Department San Luis Obispo PD CA Policy Manual Mental Illness Commitments Copyright Lexipol, LLC 2019/01/24, All Rights Reserved. Published with permission by San Luis Obispo Police Department Mental Illness Commitments - 281 428.9 CRIMINAL OFFENSES Officers investigating an individual who is suspected of committing a minor criminal offense and who is being taken on a 5150 commitment should resolve the criminal matter by issuing a warning or a Notice to Appear as appropriate. When an individual who may qualify for a 5150 commitment has committed a serious criminal offense that would normally result in an arrest and transfer to a jail facility, the officer should: (a)Arrest the individual when there is probable cause to do so. (b)Notify the appropriate supervisor of the facts supporting the arrest and the facts that would support the 5150 commitment. (c)Facilitate the individual’s transfer to jail. (d)Thoroughly document in the related reports the circumstances that indicate the individual may qualify for a 5150 commitment. In the supervisor’s judgment, the individual may instead be arrested or booked and transported to the appropriate mental health facility. The supervisor should consider the seriousness of the offense, the treatment options available, the ability of this department to regain custody of the individual, department resources (e.g., posting a guard) and other relevant factors in making this decision. 428.10 FIREARMS AND OTHER WEAPONS Whenever a person is taken into custody for a 5150 commitment, the handling officers should seek to determine if the person owns or has access to any firearm or other deadly weapon defined in Welfare and Institutions Code § 8100. Officers should consider whether it is appropriate and consistent with current search and seizure law under the circumstances to seize any such firearms or other dangerous weapons (e.g., safekeeping, evidence, consent). Officers are cautioned that a search warrant may be needed before entering a residence or other place to search, unless lawful, warrantless entry has already been made (e.g., exigent circumstances, consent). A search warrant may also be needed before searching for or seizing weapons The handling officers shall issue a receipt describing the deadly weapon or any firearm seized, and list any serial number or other identification that is on the firearm. Officers shall advise the person of the procedure for the return of any firearm or other weapon that has been taken into custody (Welfare and Institutions Code § 8102 (b)) (see Property and Evidence Policy). 428.10.1 PETITION FOR RETURN OF FIREARMS AND OTHER WEAPONS Whenever the handling officer has cause to believe that the future return of any confiscated weapon might endanger the person or others, the officer shall detail those facts and circumstances in a report. The report shall be forwarded to the Detective Bureau, which shall be responsible for initiating a petition to the Superior Court for a hearing in accordance with Welfare and Institutions Code § 8102(c), to determine whether the weapon will be returned. San Luis Obispo Police Department San Luis Obispo PD CA Policy Manual Mental Illness Commitments Copyright Lexipol, LLC 2019/01/24, All Rights Reserved. Published with permission by San Luis Obispo Police Department Mental Illness Commitments - 282 The petition to the Superior Court shall be initiated within 30 days of the release of the individual from whom such weapon has been confiscated, unless the Department makes an ex parte application to the court to extend the time to file such a petition, up to a maximum of 60 days. At the time any such petition is initiated, the Department shall send written notice to the individual informing him/her of the right to a hearing on the issue, that he/she has 30 days to confirm with the court clerk any desire for a hearing and that the failure to do so will result in the forfeiture of any confiscated weapon. 428.11 TRAINING This department will endeavor to provide Peace Officer Standards and Training (POST)-approved advanced officer training on interaction with persons with mental disabilities, 5150 commitments and crisis intervention. Policy 431 San Luis Obispo Police Department San Luis Obispo PD CA Policy Manual Copyright Lexipol, LLC 2019/01/24, All Rights Reserved. Published with permission by San Luis Obispo Police Department Cite and Release Policy - 283 Cite and Release Policy 431.1 PURPOSE AND SCOPE This policy provides guidance on when to release adults who are arrested for a criminal misdemeanor offense on a written notice to appear (citation) and when to hold for court or bail. 431.2 POLICY It is the policy of the San Luis Obispo Police Department to release all persons arrested on misdemeanor or other qualifying charges on a citation with certain exceptions (Penal Code § 853.6). If there is a reason for non-release, the Department’s mission to protect the community will be the primary consideration when determining whether to release any individual in lieu of holding for court or bail. 431.3 RELEASE BY CITATION Except in cases where a reason for non-release as described below exists, adults arrested for a misdemeanor offense, including a private persons arrest, shall be released from custody on a citation (Penal Code § 853.6). The citing officer shall, at the time the defendant signs the notice to appear, call attention to the time and place for appearance and take any other steps he/she deems necessary to ensure that the defendant understands his/her written promise to appear. 431.3.1 FIELD CITATIONS In most cases an adult arrested for a misdemeanor offense may be released in the field on a citation in lieu of physical arrest when booking and fingerprinting is not practicable or immediately required provided the individual can be satisfactorily identified, there is no outstanding arrest warrant for the individual and none of the below described disqualifying circumstances are present (Penal Code § 853.6; Penal Code § 1270.1). In such cases the arresting officer should check the booking required box on the citation form to indicate that the person will be photographed and fingerprinted at a later time when ordered by the court. When a booking photo or fingerprints are needed for the furtherance of any investigation, the person should be released on citation after booking instead of on a field citation. 431.3.2 RELEASE AFTER BOOKING In some cases it may not be feasible or desirable to release a person in the field. The person should instead be released on citation after booking at the jail. All bookings shall be approved by the Watch Commander or the authorized designee. 431.4 NON-RELEASE San Luis Obispo Police Department San Luis Obispo PD CA Policy Manual Cite and Release Policy Copyright Lexipol, LLC 2019/01/24, All Rights Reserved. Published with permission by San Luis Obispo Police Department Cite and Release Policy - 284 431.4.1 DISQUALIFYING OFFENSES An adult arrested on any of the following disqualifying charges shall not be released on citation and shall be transported to the appropriate detention facility or held for court or bail after booking: Disqualifying offenses include (Penal Code § 1270.1): (a)Misdemeanor domestic battery (Penal Code § 243(e)(1)). (b)Felony domestic battery (Penal Code § 273.5). (c)Serious or violent felonies (Penal Code § 1270.1(a)(1)). (d)Violation of a protective order and the arrested person has made threats, used violence or has gone to the protected person’s workplace or residence (Penal Code § 273.6). (e)Stalking (Penal Code § 646.9). (f)Misdemeanor violations of a protective order relating to domestic violence if there is a reasonable likelihood the offense will continue or the safety of the individuals or property would be endangered (Penal Code § 853.6). 431.4.2 REASONS FOR NON-RELEASE A person arrested for a misdemeanor shall be released on a citation unless there is a reason for non-release. The Watch Commander may authorize a release on citation regardless of whether a reason for non-release exists when it is determined to be in the best interest of the Department and does not present an unreasonable risk to the community (e.g., release of an intoxicated or ill person to a responsible adult). Reasons for non-release include (Penal Code § 853.6(i)): (a)The person arrested is so intoxicated that he/she could be a danger to him/herself or to others. Release may occur as soon as this condition no longer exists. (b)The person arrested requires medical examination or medical care or is otherwise unable to care for his/her own safety 1.The San Luis Obispo Police Department shall not release an arrestee from custody for the purpose of allowing that person to seek medical care at a hospital, and then immediately re-arrest the same individual upon discharge from the hospital, unless the hospital determines this action will enable it to bill and collect from a third-party payment source (Penal Code § 4011.10). (c)The person is arrested for one or more of the offenses listed in Vehicle Code §§ 40302, 40303 and 40305. (d)There are one or more outstanding arrest warrants for the person (see Misdemeanor Warrants elsewhere in this policy). (e)The person could not provide satisfactory evidence of personal identification. 1.If a person released on citation does not have satisfactory identification in his/her possession, a right thumbprint or fingerprint should be obtained on the citation form. San Luis Obispo Police Department San Luis Obispo PD CA Policy Manual Cite and Release Policy Copyright Lexipol, LLC 2019/01/24, All Rights Reserved. Published with permission by San Luis Obispo Police Department Cite and Release Policy - 285 (f)The prosecution of the offense or offenses for which the person was arrested or the prosecution of any other offense or offenses would be jeopardized by the immediate release of the person arrested. (g)There is a reasonable likelihood that the offense or offenses would continue or resume, or that the safety of persons or property would be imminently endangered by the release of the person arrested. (h)The person arrested demands to be taken before a magistrate or has refused to sign the notice to appear. (i)There is reason to believe that the person would not appear at the time and place specified in the notice to appear. The basis for this determination shall be specifically documented. Reasons may include: (a)Previous failure to appear is on record (b)The person lacks ties to the area, such as a residence, job or family (c)Unusual circumstances lead the officer responsible for the release of prisoners to conclude that the suspect should be held for further investigation When a person is arrested on a misdemeanor offense and is not released by criminal citation, the reason for non-release shall be noted on the booking form. This form shall be submitted to the Watch Commander for approval and included with the case file in the Records Bureau. 431.5 MISDEMEANOR WARRANTS An adult arrested on a misdemeanor warrant may be released, subject to Watch Commander approval, unless any of the following conditions exist: (a)The misdemeanor cited in the warrant involves violence (b)The misdemeanor cited in the warrant involves a firearm (c)The misdemeanor cited in the warrant involves resisting arrest (d)The misdemeanor cited in the warrant involves giving false information to a peace officer (e)The person arrested is a danger to him/herself or others due to intoxication or being under the influence of drugs or narcotics (f)The person requires medical examination or medical care or was otherwise unable to care for his/her own safety (g)The person has other ineligible charges pending against him/her (h)There is reasonable likelihood that the offense or offenses would continue or resume, or that the safety of persons or property would be immediately endangered by the release of the person (i)The person refuses to sign the notice to appear (j)The person cannot provide satisfactory evidence of personal identification San Luis Obispo Police Department San Luis Obispo PD CA Policy Manual Cite and Release Policy Copyright Lexipol, LLC 2019/01/24, All Rights Reserved. Published with permission by San Luis Obispo Police Department Cite and Release Policy - 286 (k)The warrant of arrest indicates that the person is not eligible to be released on a notice to appear Release under this section shall be done in accordance with the provisions of this policy. 431.6 REQUESTING CASE NUMBERS Many cases involving a criminal citation release can be handled without requesting a case number. Traffic situations and local code violations can be documented on the reverse side of the records copy of the citation. Most Penal Code sections will require a case number to document the incident properly in a report. This section does not preclude an officer from requesting a case number if he/she feels the situation should be documented more thoroughly in a case report. Policy 434 San Luis Obispo Police Department San Luis Obispo PD CA Policy Manual Copyright Lexipol, LLC 2019/01/24, All Rights Reserved. Published with permission by San Luis Obispo Police Department Foreign Diplomatic and Consular Representatives - 287 Foreign Diplomatic and Consular Representatives 434.1 PURPOSE AND SCOPE Article 36 of the Vienna Convention on Consular Relations, sets forth certain rights of foreign nationals from member countries when arrested, detained or imprisoned by law enforcement officials in this country. This section provides direction to officers when considering a physical arrest or detention of a foreign national. All foreign service personnel shall be treated with respect and courtesy, regardless of the level of established immunity. As noted herein, the United States is a party to several bilateral agreements that obligate authorities to notify the consulate upon the person's detention, regardless of whether the detained person requests that his/her consulate be notified. The list of specific countries that the United States is obligated to notify is listed on the U.S. Department of State website. 434.2 POLICY The San Luis Obispo Police Department respects international laws related to the special privileges and immunities afforded foreign diplomatic and consular representatives assigned to the United States. All foreign diplomatic and consular representatives shall be treated with respect and courtesy, regardless of any privileges or immunities afforded them. 434.3 CLAIMS OF IMMUNITY If a member comes into contact with a person where law enforcement action may be warranted and the person claims diplomatic or consular privileges and immunities, the member should, without delay: (a)Notify a supervisor. (b)Advise the person that his/her claim will be investigated and he/she may be released in accordance with the law upon confirmation of the person’s status. (c)Request the person’s identification card, either issued by the U.S. Department of State (DOS), Office of the Chief of Protocol, or in the case of persons accredited to the United Nations, by the U.S. Mission to the United Nations. These are the only reliable documents for purposes of determining privileges and immunities. (d)Contact the DOS Diplomatic Security Command Center at 571-345-3146 or toll free at 866-217-2089, or at another current telephone number and inform the center of the circumstances. (e)Verify the immunity status with DOS and follow any instructions regarding further detention, arrest, prosecution and/or release, as indicated by the DOS representative. This may require immediate release, even if a crime has been committed. San Luis Obispo Police Department San Luis Obispo PD CA Policy Manual Foreign Diplomatic and Consular Representatives Copyright Lexipol, LLC 2019/01/24, All Rights Reserved. Published with permission by San Luis Obispo Police Department Foreign Diplomatic and Consular Representatives - 288 Identity or immunity status should not be presumed from the type of license plates displayed on a vehicle. If there is a question as to the status or the legitimate possession of a Diplomat or Consul license plate, a query should be run via the National Law Enforcement Telecommunications System (NLETS), designating “US” as the state. 434.4 ENFORCEMENT If the DOS is not immediately available for consultation regarding law enforcement action, members shall be aware of the following: (a)Generally, all persons with diplomatic and consular privileges and immunities may be issued a citation or notice to appear. However, the person may not be compelled to sign the citation. (b)All persons, even those with a valid privilege or immunity, may be reasonably restrained in exigent circumstances for purposes of self-defense, public safety or the prevention of serious criminal acts. (c)An impaired foreign diplomatic or consular representative may be prevented from driving a vehicle, even if the person may not be arrested due to privileges and immunities. 1.Investigations, including the request for field sobriety tests, chemical tests and any other tests regarding impaired driving may proceed but they shall not be compelled. (d)The following persons may not be detained or arrested, and any property or vehicle owned by these persons may not be searched or seized: 1.Diplomatic-level staff of missions to international organizations and recognized family members 2.Diplomatic agents and recognized family members 3.Members of administrative and technical staff of a diplomatic mission and recognized family members 4.Career consular officers, unless the person is the subject of a felony warrant (e)The following persons may generally be detained and arrested: 1.International organization staff; however, some senior officers are entitled to the same treatment as diplomatic agents. 2.Support staff of missions to international organizations 3.Diplomatic service staff and consular employees; however, special bilateral agreements may exclude employees of certain foreign countries. 4.Honorary consular officers 5.Whenever an officer arrests and incarcerates, or detains for investigation for over two hours, a person with diplomatic and consular privileges and immunities, the officer shall promptly advise the person that he/she is entitled to have his/her government notified of the arrest or detention (Penal Code § 834c). San Luis Obispo Police Department San Luis Obispo PD CA Policy Manual Foreign Diplomatic and Consular Representatives Copyright Lexipol, LLC 2019/01/24, All Rights Reserved. Published with permission by San Luis Obispo Police Department Foreign Diplomatic and Consular Representatives - 289 If the individual wants his/her government notified, the officer shall begin the notification process. 434.5 DOCUMENTATION All contacts with persons who have claimed privileges and immunities afforded foreign diplomatic and consular representatives should be thoroughly documented and the related reports forwarded to DOS. 434.6 DIPLOMATIC IMMUNITY TABLE Reference table on diplomatic immunity: Category Arrested or Detained Enter Residence Subject to Ordinary Procedures Issued Traffic Citation Subpoenaed as Witness Prosecuted Recognized Family Members Diplomatic Agent No (note (b)) No Yes No No Same as sponsor (full immunity & inviolability) Member of Admin and Tech Staff No (note (b)) No Yes No No Same as sponsor (full immunity & inviolability) Service Staff Yes (note (a)) Yes Yes Yes No for official acts. Yes otherwise (note (a)) No immunity or inviolability (note (a)) Career Consul Officer Yes if for a felony and pursuant to a warrant (note (a)) Yes (note (d)) Yes No for official acts Testimony may not be compelled in any case No for official acts. Yes otherwise (note (a)) No immunity or inviolability Honorable Consul Officer Yes Yes Yes No for official acts Yes otherwise. No for official acts Yes otherwise No immunity or inviolability Consulate Employees Yes (note (a)) Yes Yes No for official acts Yes otherwise. No for official acts. Yes otherwise (note (a)) No immunity or inviolability (note (a)) San Luis Obispo Police Department San Luis Obispo PD CA Policy Manual Foreign Diplomatic and Consular Representatives Copyright Lexipol, LLC 2019/01/24, All Rights Reserved. Published with permission by San Luis Obispo Police Department Foreign Diplomatic and Consular Representatives - 290 Int’l Org Staff (note (b)) Yes (note (c)) Yes (note (c)) Yes Yes (note (c)) No for official acts. Yes otherwise (note (c)) No immunity or inviolability Diplomatic- Level Staff of Missions to Int’l Org No (note (b)) No Yes No No Same as sponsor (full immunity & inviolability) Support Staff of Missions to Int’l Orgs Yes Yes Yes Yes No for official acts Yes otherwise No immunity or inviolability Notes for diplomatic immunity table: (a)This table presents general rules. The employees of certain foreign countries may enjoy higher levels of privileges and immunities on the basis of special bilateral agreements. (b)Reasonable constraints, however, may be applied in emergency circumstances involving self-defense, public safety, or in the prevention of serious criminal acts. (c)A small number of senior officers are entitled to be treated identically to diplomatic agents. (d)Note that consul residences are sometimes located within the official consular premises. In such cases, only the official office space is protected from police entry. Policy 437 San Luis Obispo Police Department San Luis Obispo PD CA Policy Manual Copyright Lexipol, LLC 2019/01/24, All Rights Reserved. Published with permission by San Luis Obispo Police Department Rapid Response and Deployment - 291 Rapid Response and Deployment 437.1 PURPOSE AND SCOPE Violence that is committed in schools, workplaces and other locations by individuals or a group of individuals who are determined to target and kill persons and to create mass casualties presents a difficult situation for law enforcement. The purpose of this policy is to identify guidelines and factors that will assist responding officers in situations that call for rapid response and deployment. 437.2 POLICY The San Luis Obispo Police Department will endeavor to plan for rapid response to crisis situations, and to coordinate response planning with other emergency services as well as with those that are responsible for operating sites that may be the target of a critical incident. Nothing in this policy shall preclude the use of reasonable force, deadly or otherwise, by members of the Department in protecting themselves or others from death or serious injury. 437.3 FIRST RESPONSE If there is a reasonable belief that acts or threats by a suspect are placing lives in imminent danger, first responding officers should consider reasonable options to reduce, prevent or eliminate the threat. Officers must decide, often under a multitude of difficult and rapidly evolving circumstances, whether to advance on the suspect, take other actions to deal with the threat or wait for additional resources. If a suspect is actively engaged in the infliction of serious bodily harm or other life-threatening activity toward others, officers should take immediate action, if reasonably practicable, while requesting additional assistance. Officers should remain aware of the possibility that an incident may be part of a coordinated multi- location attack that may require some capacity to respond to other incidents at other locations. When deciding on a course of action officers should consider: (a)Whether to advance on or engage a suspect who is still a possible or perceived threat to others. Any advance or engagement should be based on information known or received at the time. (b)Whether to wait for additional resources or personnel. This does not preclude an individual officer from taking immediate action. (c)Whether individuals who are under imminent threat can be moved or evacuated with reasonable safety. (d)Whether the suspect can be contained or denied access to victims. (e)Whether the officers have the ability to effectively communicate with other personnel or resources. San Luis Obispo Police Department San Luis Obispo PD CA Policy Manual Rapid Response and Deployment Copyright Lexipol, LLC 2019/01/24, All Rights Reserved. Published with permission by San Luis Obispo Police Department Rapid Response and Deployment - 292 (f)Whether planned tactics can be effectively deployed. (g)The availability of rifles, shotguns, shields, breaching tools, control devices and any other appropriate tools, and whether the deployment of these tools will provide a tactical advantage. In a case of a barricaded suspect with no hostages and no immediate threat to others, officers should consider summoning and waiting for additional assistance (special tactics and/or hostage negotiation team response). 437.4 CONSIDERATIONS When dealing with a crisis situation members should: (a)Assess the immediate situation and take reasonable steps to maintain operative control of the incident. (b)Obtain, explore and analyze sources of intelligence and known information regarding the circumstances, location and suspect involved in the incident. (c)Attempt to attain a tactical advantage over the suspect by reducing, preventing or eliminating any known or perceived threat. (d)Attempt, if feasible and based upon the suspect’s actions and danger to others, a negotiated surrender of the suspect and release of the hostages. 437.5 PLANNING The Operations Bureau Commander should coordinate critical incident planning. Planning efforts should consider: (a)Identification of likely critical incident target sites, such as schools, shopping centers, entertainment and sporting event venues. (b)Availability of building plans and venue schematics of likely critical incident target sites. (c)Communications interoperability with other law enforcement and emergency service agencies. (d)Training opportunities in critical incident target sites, including joint training with site occupants. (e)Evacuation routes in critical incident target sites. (f)Patrol first-response training. (g)Response coordination and resources of emergency medical and fire services. (h)Equipment needs. (i)Mutual aid agreements with other agencies. (j)Coordination with private security providers in critical incident target sites. Policy 443 San Luis Obispo Police Department San Luis Obispo PD CA Policy Manual Copyright Lexipol, LLC 2019/01/24, All Rights Reserved. Published with permission by San Luis Obispo Police Department Immigration Violations - 293 Immigration Violations 443.1 PURPOSE AND SCOPE The purpose of this policy is to provide guidelines to members of the San Luis Obispo Police Department relating to immigration and interacting with federal immigration officials. 443.1.1 DEFINITIONS The following definitions apply to this policy (Government Code § 7284.4): Criminal immigration violation - Any federal criminal immigration violation that penalizes a person’s presence in, entry, or reentry to, or employment in, the United States. This does not include any offense where a judicial warrant already has been issued. Judicial warrant - An arrest warrant for a violation of federal criminal immigration law and issued by a federal judge or a federal magistrate judge. 443.2 POLICY It is the policy of the San Luis Obispo Police Department that all members make personal and professional commitments to equal enforcement of the law and equal service to the public. Confidence in this commitment will increase the effectiveness of this department in protecting and serving the entire community and recognizing the dignity of all persons, regardless of their national origin or immigration status. 443.3 VICTIMS AND WITNESSES To encourage crime reporting and cooperation in the investigation of criminal activity, all individuals, regardless of their immigration status, must feel secure that contacting or being addressed by members of law enforcement will not automatically lead to immigration inquiry and/ or deportation. While it may be necessary to determine the identity of a victim or witness, members shall treat all individuals equally and without regard to race, ethnicity, or national origin in any way that would violate the United States or California constitutions. 443.4 ENFORCEMENT An officer may detain an individual when there are facts supporting a reasonable suspicion that the individual entered into the United States in violation of a federal criminal law. Federal authorities shall be notified as soon as possible and the detained individual shall be immediately released if the federal authorities do not want the person held. An officer should not detain any individual, for any length of time, for a civil violation of federal immigration laws or a related civil warrant. 443.4.1 CIVIL VS. CRIMINAL FEDERAL OFFENSES An individual who enters into the United States illegally has committed a misdemeanor (8 USC § 1325(a)). Generally, an alien who initially made a legal entry into the United States but has remained beyond what is a legal period of time has committed a federal civil offense. San Luis Obispo Police Department San Luis Obispo PD CA Policy Manual Immigration Violations Copyright Lexipol, LLC 2019/01/24, All Rights Reserved. Published with permission by San Luis Obispo Police Department Immigration Violations - 294 Reasonable suspicion that a criminal immigration violation has occurred shall not be based on race, color, national origin or any other generalization that would cast suspicion on or stigmatize any person, except to the extent permitted by the United States or California Constitutions. Instead, the totality of circumstances shall be used to determine reasonable suspicion, and shall include factors weighing for and against reasonable suspicion. Factors that may be considered in determining reasonable suspicion that a criminal immigration violation has occurred may include, but are not limited to: (a)An admission that the person entered the United States illegally. (b)Reason to suspect that the person possesses immigration documentation that is forged, altered or otherwise indicative that the person is not legally present in the United States. (c)While a lack of English proficiency may be considered, it should not be the sole factor in establishing reasonable suspicion. When practicable, reasonable effort should be made to accommodate persons with limited English proficiency. (d)Other factors based upon training and experience. 443.4.2 IMMIGRATION CHECKS Immigration status may be determined through any of the following sources: (a)A law enforcement officer who is authorized by the federal government under 8 USC § 1357 to verify or ascertain an alien's immigration status (sometimes referred to as a 287(g) certified officer) (b)Immigration and Customs Enforcement (ICE) (c)U.S. Customs and Border Protection (CBP) An officer shall verify from a 287(g) certified officer, ICE or CBP whether a person’s presence in the United States relates to a federal civil violation or a criminal violation. If the officer has facts that establish probable cause to believe that a person already lawfully detained for a criminal offense has committed a criminal immigration offense, he/she may continue the detention and may request ICE or CBP to respond to the location to take custody of the detained person. In addition, the officer shall notify a supervisor as soon as practicable. No individual who is otherwise ready to be released should continue to be detained only because questions about the individual’s status are unresolved. An officer is encouraged to forgo detentions made solely on the basis of a misdemeanor offense when time limitations, availability of personnel, issues of officer safety, communication capabilities or the potential to obstruct a separate investigation outweigh the need for the detention. 443.4.3 SUPERVISOR RESPONSIBILITIES When notified that an officer has detained a person for a criminal offense and established probable cause to believe the person has committed a criminal immigration offense, the supervisor should: (a)Confirm that the detained person’s immigration status was properly verified. San Luis Obispo Police Department San Luis Obispo PD CA Policy Manual Immigration Violations Copyright Lexipol, LLC 2019/01/24, All Rights Reserved. Published with permission by San Luis Obispo Police Department Immigration Violations - 295 (b)Ensure that the detained person is taken into custody when appropriate. Take any additional steps necessary that may include, but are not limited to: (a)Transfer to federal authorities. (b)Lawful arrest for a criminal offense or warrant. 443.5 DETENTION AND ARREST NOTIFICATION TO IMMIGRATION AND CUSTOMS ENFORCEMENT Except as described below, it is not necessary to notify ICE when booking arrestees at the county jail. Immigration officials routinely interview suspected undocumented aliens who are booked into the county jail. Notification should be handled according to jail operation procedures. Whenever an officer has reason to believe that an individual arrested for any offense listed in Health and Safety Code § 11369 may not be a citizen of the United States, and the individual is not going to be booked into the county jail, the arresting officer shall notify ICE or other appropriate agency of the United States. Individuals arrested for other offenses who are not going to be booked into the county jail may be reported to ICE or other appropriate agency of the United States. When determining whether notification of immigration authorities is appropriate, the officer shall, in consultation with a supervisor, consider the totality of circumstances of each case, including, but not limited to: (a)Seriousness of the offense (b)Community safety (c)Potential burden on ICE or other federal agency (d)Impact on the immigrant community No individual who is otherwise ready to be released should continue to be detained solely for the purpose of making notification to immigration authorities. An officer shall not detain any individual, for any length of time, for a civil violation of federal immigration laws or a related civil warrant (Government Code § 7284.6). An officer who has a reasonable suspicion that an individual already lawfully contacted or detained has committed a criminal violation of 8 USC § 1326(a) (unlawful reentry) that may be subject to an enhancement due to a previous conviction of an aggravated felony under USC § 1326(b)(2), may detain the person for a reasonable period of time to contact federal immigration officials to verify whether the United States Attorney General has granted the individual permission for reentry and whether the violation is subject to enhancement (Government Code § 7284.6). No individual who is otherwise ready to be released should continue to be detained only because questions about the individual’s status are unresolved. If the officer has facts that establish probable cause to believe that a person already lawfully detained has violated 8 USC § 1326(a) and the penalty may be subject to enhancement due to San Luis Obispo Police Department San Luis Obispo PD CA Policy Manual Immigration Violations Copyright Lexipol, LLC 2019/01/24, All Rights Reserved. Published with permission by San Luis Obispo Police Department Immigration Violations - 296 prior conviction for specified aggravated felonies, he/she may arrest the individual for that offense (Government Code § 7284.6). An officer shall not detain any individual, for any length of time, for any other criminal immigration violation of federal immigration laws (Government Code § 7284.6). 443.6 FEDERAL REQUESTS FOR ASSISTANCE Requests by federal immigration officials for assistance from this department should be directed to a supervisor. The supervisor is responsible for determining whether the requested assistance would be permitted under the California Values Act (Government Code § 7284.2 et seq.). 443.7 INFORMATION SHARING No member of this department will prohibit, or in any way restrict, any other member from doing any of the following regarding the citizenship or immigration status, lawful or unlawful, of any individual (8 USC § 1373; Government Code § 7284.6): (a) Sending information to, or requesting or receiving such information from federal immigration officials (b) Maintaining such information in department records (c) Exchanging such information with any other federal, state, or local government entity Nothing in this policy restricts sharing information that is permissible under the California Values Act. 443.7.1 IMMIGRATION DETAINERS No individual should be held based solely on a federal immigration detainer under 8 CFR 287.7 (Government Code § 7284.6). Notification to a federal authority may be made prior to release of an individual who is the subject of a notification request only if the individual meets one of the following conditions (Government Code § 7282.5; Government Code § 7284.6): (a) The individual has been arrested and had a judicial probable cause determination for a serious or violent felony identified in Penal Code § 667.5(c) or Penal Code § 1192.7(c). (b) The individual has been arrested and had a judicial probable cause determination for a felony punishable by time in a state prison. (c) The individual has been convicted of an offense as identified in Government Code § 7282.5(a). (d) The individual is a current registrant on the California Sex and Arson Registry. (e) The individual is identified by the U.S. Department of Homeland Security’s Immigration and Customs Enforcement as the subject of an outstanding federal felony arrest warrant. San Luis Obispo Police Department San Luis Obispo PD CA Policy Manual Immigration Violations Copyright Lexipol, LLC 2019/01/24, All Rights Reserved. Published with permission by San Luis Obispo Police Department Immigration Violations - 297 443.7.2 NOTICE TO INDIVIDUALS Individuals in custody shall be given a copy of documentation received from U.S. Immigration and Customs Enforcement (ICE) regarding a hold, notification, or transfer request along with information as to whether the San Luis Obispo Police Department intends to comply with the request (Government Code § 7283.1). If the San Luis Obispo Police Department provides ICE with notification that an individual is being, or will be, released on a certain date, the same notification shall be provided in writing to the individual and to his/her attorney or to one additional person who the individual may designate (Government Code § 7283.1). 443.7.3 ICE INTERVIEWS Before any interview regarding civil immigration violations takes place between ICE personnel and an individual in custody, the San Luis Obispo Police Department shall provide the individual with a written consent form that explains the purpose of the interview, that the interview is voluntary, and that he/she may decline to be interviewed or may choose to be interviewed only with his/her attorney present. The consent form must be available in the languages specified in Government Code § 7283.1. 443.7.4 REPORTING TO CALIFORNIA DEPARTMENT OF JUSTICE The Detective Bureau supervisor shall ensure that data regarding the number of transfers of an individual to immigration authorities, as permitted by Government Code § 7284.6(a)(4), and the offense that allowed for the transfer is collected and provided to the Records Supervisor for required reporting to the DOJ (Government Code § 7284.6(c)(2)(see the Records Bureau Policy). 443.8 U VISA AND T VISA NONIMMIGRANT STATUS Under certain circumstances, federal law allows temporary immigration benefits, known as a U visa, to victims and witnesses of certain qualifying crimes (8 USC § 1101(a)(15)(U)). A law enforcement certification for a U visa may be completed by an officer in order for a U visa to be issued. Similar immigration protection, known as a T visa, is available for certain qualifying victims of human trafficking (8 USC § 1101(a)(15)(T)). A law enforcement declaration for a T visa may be completed by an officer in order for a T visa to be issued. Any request for assistance in applying for U visa or T visa status should be forwarded in a timely manner to the Detective Bureau supervisor assigned to oversee the handling of any related case. The Detective Bureau supervisor shall: (a)Consult with the assigned investigator to determine the current status of any related case and whether further documentation is warranted. (b)Contact the appropriate prosecutor assigned to the case, if applicable, to ensure the certification or declaration has not already been completed and whether a certification or declaration is warranted. San Luis Obispo Police Department San Luis Obispo PD CA Policy Manual Immigration Violations Copyright Lexipol, LLC 2019/01/24, All Rights Reserved. Published with permission by San Luis Obispo Police Department Immigration Violations - 298 (c)Address the request and complete the certification or declaration, if appropriate, in a timely manner. 1.The instructions for completing certification and declaration forms can be found on the U.S. Department of Homeland Security (DHS) website. 2.Form I-918 Supplement B certification shall be completed if the victim qualifies under Penal Code § 679.10 (multiple serious offenses). Form I-914 Supplement B certification shall be completed if the victim qualifies under Penal Code § 236.5 or Penal Code § 679.11 (human trafficking). (d)Ensure that any decision to complete, or not complete, a certification or declaration form is documented in the case file and forwarded to the appropriate prosecutor. Include a copy of any completed form in the case file. (e)Inform the victim liaison of any requests and their status. 443.8.1 TIME FRAMES FOR COMPLETION Officers and their supervisors who are assigned to investigate a case of human trafficking as defined by Penal Code § 236.1 shall complete the above process and the documents needed for indicating the individual is a victim for the T visa application within 15 business days of the first encounter with the victim, regardless of whether it is requested by the victim (Penal Code § 236.5). Officers and their supervisors shall complete the above process and the documents needed certifying victim cooperation for a U visa or T visa application pursuant to Penal Code § 679.10 and Penal Code § 679.11 within 90 days of a request from the victim or victim’s family related to one of their assigned cases. If the victim is in removal proceedings, the certification shall be processed within 14 days of the request. 443.8.2 REPORTING TO LEGISLATURE The Detective Bureau supervisor or the authorized designee should ensure that certification requests are reported to the Legislature in January of each year and include the number of certifications signed and the number denied. The report shall comply with Government Code § 9795 (Penal Code § 679.10; Penal Code § 679.11). 443.9 TRAINING The Training Manager should ensure that all appropriate members receive training on immigration issues. Training should include: (a)Identifying civil versus criminal immigration violations. (b)Factors that may be considered in determining whether a criminal immigration violation has been committed. (c)Prohibitions contained in the California Values Act (Government Code § 7284 et seq.). Policy 449 San Luis Obispo Police Department San Luis Obispo PD CA Policy Manual Copyright Lexipol, LLC 2019/01/24, All Rights Reserved. Published with permission by San Luis Obispo Police Department Patrol Rifles - 299 Patrol Rifles 449.1 PURPOSE AND SCOPE In order to more effectively and accurately address the increasing level of fire power and body armor utilized by criminal suspects, the San Luis Obispo Police Department will make patrol rifles available to qualified sworn employees as an additional and more immediate tactical resource. 449.2 PATROL RIFLE 449.2.1 DEFINITION A patrol rifle is an authorized weapon which is owned by the Department and which is made available to properly trained and qualified officers as a supplemental resource to their duty handgun or shotgun. No personally owned rifles may be carried for patrol duty unless pre- approved in writing by the Chief of Police and the department armorer. 449.3 SPECIFICATIONS Only weapons and ammunition that meet agency authorized specifications, approved by the Chief of Police, and issued by the Department may be used by officers in their law enforcement responsibilities. The authorized patrol rifle issued by the Department is the Colt AR-15 449.4 RIFLE MAINTENANCE (a)Primary responsibility for maintenance of patrol rifles shall fall on the Rangemaster or other specially designated employee, who shall inspect and service each patrol rifle on a quarterly basis. (b)Each patrol officer carrying a patrol rifle may be required to field strip and clean an assigned patrol rifle as needed. (c)Each patrol officer shall be responsible for promptly reporting any damage or malfunction of an assigned patrol rifle. (d)Any patrol rifle found to be unserviceable shall be removed from service. The rifle shall be clearly labeled as "out of service" and details regarding the weapon's condition shall be included on the label. (e)Each patrol rifle shall be subject to inspection by a supervisor or the Rangemaster at any time. (f)No modification shall be made to any patrol rifle without prior written authorization from the Rangemaster. 449.5 TRAINING Officers shall not carry or utilize the patrol rifle unless they have successfully completed departmental training. This training shall consist of an initial 16-hour patrol rifle user's course San Luis Obispo Police Department San Luis Obispo PD CA Policy Manual Patrol Rifles Copyright Lexipol, LLC 2019/01/24, All Rights Reserved. Published with permission by San Luis Obispo Police Department Patrol Rifles - 300 and qualification score with a certified patrol rifle instructor. Officers shall thereafter be required to successfully complete annual training and qualification conducted by a certified patrol rifle instructor. Any officer who fails to qualify or who fails to successfully complete two or more department sanctioned training/qualification sessions within a calendar year will no longer be authorized to carry the patrol rifle without successfully retaking the initial patrol officers user's course and qualification. 449.6 DEPLOYMENT OF THE PATROL RIFLE Officers may deploy the patrol rifle in any circumstance where the officer can articulate a reasonable expectation that the rifle may be needed. Sworn employees who are properly trained and qualified in the use of the patrol rifle may use or be assigned any department-issued patrol rifle of the same platform for which they are trained and qualified to use. Examples of some general guidelines for deploying the patrol rifle may include, but are not limited to: (a)Situations where the officer reasonably anticipates an armed encounter. (b)When an officer is faced with a situation that may require the delivery of accurate and effective fire at long range. (c)Situations where an officer reasonably expects the need to meet or exceed a suspect's firepower. (d)When an officer reasonably believes that there may be a need to deliver fire on a barricaded suspect or a suspect with a hostage. (e)When an officer reasonably believes that a suspect may be wearing body armor. (f)When authorized or requested by a supervisor. (g)When needed to euthanize an animal. 449.7 DISCHARGE OF THE PATROL RIFLE The discharge of the patrol rifle shall be governed by the Department's Deadly Force Policy, Policy Manual § 300. 449.8 PATROL READY Any qualified officer carrying a patrol rifle in the field shall maintain the weapon in a patrol ready condition until deployed. A rifle is considered in a patrol ready condition when it has been inspected by the assigned officer, the chamber is empty and a fully loaded magazine is inserted into the magazine well. San Luis Obispo Police Department San Luis Obispo PD CA Policy Manual Patrol Rifles Copyright Lexipol, LLC 2019/01/24, All Rights Reserved. Published with permission by San Luis Obispo Police Department Patrol Rifles - 301 449.9 RIFLE STORAGE (a)When not in-service, patrol rifles will generally be stored in the approved rifle storage rack. When employees move the patrol rifles in and out of the building the patrol rifles should have the safety engaged, the ammunition magazine removed from the rifle and the bolt action open. If a chamber flag is employed, the bolt may be closed and resting on it. The muzzle should be pointed down until it is placed in the storage rack, patrol car rack, or secured elsewhere. (b)When a patrol vehicle is taken out of service for maintenance, repair or cleaning, the patrol rifle will be stored in the approved rifle storage rack. (c)When not deployed, in-service patrol rifles should be secured in the vehicle in a locked gun rack or locked in the trunk. Policy 455 San Luis Obispo Police Department San Luis Obispo PD CA Policy Manual Copyright Lexipol, LLC 2019/01/24, All Rights Reserved. Published with permission by San Luis Obispo Police Department Field Training Officer Program - 302 Field Training Officer Program 455.1 PURPOSE AND SCOPE The Field Training Officer Program is intended to provide a standardized program to facilitate the officer’s transition from the academic setting to the actual performance of general law enforcement duties of the San Luis Obispo Police Department. It is the policy of this department to assign all new police officers to a structured Field Training Officer Program that is designed to prepare the new officer to perform in a patrol assignment, and possessing all skills needed to operate in a safe, productive, and professional manner. 455.2 FIELD TRAINING OFFICER - SELECTION AND TRAINING The Field Training Officer (FTO) is an experienced officer trained in the art of supervising, training, and evaluating entry level and lateral police officers in the application of their previously acquired knowledge and skills. 455.2.1 SELECTION PROCESS Per Article 8.4.9 of the San Luis Obispo Police Officers Association Memorandum of Agreement, FTO's will be selected based on the following criteria. A.Once an Officer achieves the status of MPO (Master Police Officer) s/he will be assigned to attend the Field Training Officer class if they wish to be a field training officer; or B.At the discretion of the Chief of Police, s/he can select other officers to be an FTO if there are not enough MPO's to meet the departments need. The qualifications to be selected by the Chief of Police will be; 1.Six Years of law enforcement experience. 2.Minimum three years working as a Police Officer with the San Luis Obispo Police Department C.The Chief of Police has the discretion to offerFTO to an officer with less seniority if the FTO spots are unable to be filled. 455.2.2 TRAINING An officer selected as a Field Training Officer shall successfully complete a POST certified (40- hour) Field Training Officer’s Course prior to being assigned as an FTO. All FTOs must complete a 24-hour Field Training Officer update course every three years while assigned to the position of FTO (11 CCR 1004). All FTOs must meet any training mandate regarding crisis intervention behavioral health training pursuant to Penal Code § 13515.28. San Luis Obispo Police Department San Luis Obispo PD CA Policy Manual Field Training Officer Program Copyright Lexipol, LLC 2019/01/24, All Rights Reserved. Published with permission by San Luis Obispo Police Department Field Training Officer Program - 303 455.3 FIELD TRAINING OFFICER PROGRAM SUPERVISOR The FTO Program supervisor will be the Administrative Sergeant. The responsibilities of the FTO Program supervisor include the following: (a)Assignment of trainees to FTOs (b)Conduct FTO meetings (c)Maintain and ensure FTO/trainee performance evaluations are completed (d)Maintain, update and issue the Field Training Manual to each trainee (e)Monitor individual FTO performance (f)Monitor overall FTO Program (g)Maintain liaison with FTO coordinators of other agencies (h)Maintain liaison with academy staff on recruit performance during the academy (i)Develop ongoing training for FTOs (j)Assign and monitor training topics for FTOs to present at briefings and other meetings. The FTO Program supervisor will be required to successfully complete a POST approved Field Training Administrator's Course within one year of appointment to this position (11 CCR § 1004(c)). 455.3.1 COMPLETION OR DISMISSAL FROM FTO PROGRAM The FTO Program Supervisor shall be responsible for recommending to the Chief of Police, via their Chain of Command, whether or not a trainee should be either: (a)Certified as having completed the FTO program and released to work as a solo patrol officer. (b)Extended in the FTO program beyond 14 weeks. (c)Discontinued in the FTO program for failure to successfully perform required tasks and skills. A recommendation to discontinue training should be based on the trainee's performance as indicated in daily evaluations, as well as discussions with the trainee's FTOs and patrol supervisors. 455.4 TRAINEE DEFINED Any entry level or lateral police officer newly appointed to the San Luis Obispo Police Department who has successfully completed a POST approved Basic Academy. 455.5 REQUIRED TRAINING Entry level officers shall be required to successfully complete the Field Training Program, consisting of a minimum of 10 weeks (11 CCR 1004; 11 CCR 1005). San Luis Obispo Police Department San Luis Obispo PD CA Policy Manual Field Training Officer Program Copyright Lexipol, LLC 2019/01/24, All Rights Reserved. Published with permission by San Luis Obispo Police Department Field Training Officer Program - 304 The training period for a lateral officer may be modified depending on the trainee’s demonstrated performance and level of experience. A lateral officer may be exempt from the Field Training Program requirement if the officer qualifies for an exemption as provided in 11 CCR 1005(a)(B). To the extent practicable, entry level and lateral officers should be assigned to a variety of Field Training Officers, shifts, and geographical areas during their Field Training Program. 455.5.1 FIELD TRAINING MANUAL Each new officer will be issued a Field Training Manual at the beginning of his/her Primary Training Phase. This manual is an outline of the subject matter and/or skills necessary to properly function as an officer with the San Luis Obispo Police Department. The officer shall become knowledgeable of the subject matter as outlined. He/she shall also become proficient with those skills as set forth in the manual. The Field Training Manual will specifically cover those policies, procedures, rules, and regulations adopted by the San Luis Obispo Police Department. 455.6 EVALUATIONS Evaluations are an important component of the training process and shall be completed as outlined below. 455.6.1 FIELD TRAINING OFFICER The FTO will be responsible for the following: (a)Complete and submit a written evaluation on the performance of his/her assigned trainee to the FTO Coordinator on a daily basis. (b)Review the Daily Trainee Performance Evaluations with the trainee each day. (c)Complete a detailed end-of-phase performance evaluation on his/her assigned trainee at the end of each phase of training. (d)Sign off all completed topics contained in the Field Training Manual, noting the method(s) of learning and evaluating the performance of his/her assigned trainee. 455.6.2 IMMEDIATE SUPERVISOR The immediate supervisor shall review and approve the Daily Trainee Performance Evaluations and forward them to the Field Training Administrator. 455.6.3 FIELD TRAINING ADMINISTRATOR The Field Training Administrator will review and approve the Daily Trainee Performance Evaluations submitted by the FTO through his/her immediate supervisor. 455.6.4 TRAINEE At the completion of the Field Training Program, the trainee shall submit a confidential performance evaluation on each of their FTOs and on the Field Training Program. San Luis Obispo Police Department San Luis Obispo PD CA Policy Manual Field Training Officer Program Copyright Lexipol, LLC 2019/01/24, All Rights Reserved. Published with permission by San Luis Obispo Police Department Field Training Officer Program - 305 455.7 DOCUMENTATION All documentation of the Field Training Program will be retained in the officer’s training files and will consist of the following: (a)Daily Trainee Performance Evaluations (b)End-of-phase evaluations (c)A Certificate of Completion certifying that the trainee has successfully completed the required number of hours of field training 455.8 OTHER DUTIES AND ASSIGNMENTS (a)The Watch Commander will ensure the FTO and trainee are not considered a two- person unit when being dispatched to calls. Back up officers should be dispatched as if the FTO unit was a single-officer unit. (b)When staffing allows, the FTO and trainee should be provided the flexibility to patrol all zones, learn the geography of the city, conduct field investigations, observe other officers performing investigations, and handle a variety of calls and investigations. (c)FTOs should generally be allowed two hours of administrative training time each shift for review of policies, procedures, and laws. This training time may be interrupted for emergency calls and when service demands require the FTO and trainee to respond to calls. (d)If a trainee's regular FTO is not available during a shift, the trainee shall be temporarily assigned to another FTO on the shift if one is available or to the Patrol Sergeant. If neither is available, the trainee may be temporarily assigned to a Lieutenant or an experienced patrol officer. Policy 458 San Luis Obispo Police Department San Luis Obispo PD CA Policy Manual Copyright Lexipol, LLC 2019/01/24, All Rights Reserved. Published with permission by San Luis Obispo Police Department Obtaining Air Support - 306 Obtaining Air Support 458.1 PURPOSE AND SCOPE The use of a police helicopter can be invaluable in certain situations. This policy specifies potential situations where the use of a helicopter may be requested and the responsibilities for making a request. 458.2 REQUEST FOR HELICOPTER ASSISTANCE If a supervisor or officer in charge of an incident determines that the use of a helicopter would be beneficial, a request to obtain helicopter assistance may be made. 458.2.1 REQUEST FOR ASSISTANCE FROM ANOTHER AGENCY After consideration and approval of the request for a helicopter, the Watch Commander, or his/her designee, will call the closest agency having helicopter support available. The Watch Commander on duty will apprise that agency of the specific details of the incident prompting the request. 458.2.2 CIRCUMSTANCES UNDER WHICH AID MAY BE REQUESTED Police helicopters may be requested under any of the following conditions: (a)When the helicopter is activated under existing mutual aid agreements (b)Whenever the safety of law enforcement personnel is in jeopardy and the presence of the helicopters may reduce such hazard (c)When the use of the helicopters will aid in the capture of a suspected fleeing felon whose continued freedom represents an ongoing threat to the community (d)When a helicopter is needed to locate a person who has strayed or is lost and whose continued absence constitutes a serious health or safety hazard (e)Vehicle pursuits While it is recognized that the availability of helicopter support will generally provide valuable assistance to ground personnel, the presence of a helicopter will rarely replace the need for officers on the ground. Policy 461 San Luis Obispo Police Department San Luis Obispo PD CA Policy Manual Copyright Lexipol, LLC 2019/01/24, All Rights Reserved. Published with permission by San Luis Obispo Police Department Detentions And Photographing Detainees - 307 Detentions And Photographing Detainees 461.1 PURPOSE AND SCOPE The purpose of this policy is to establish guidelines for conducting field interviews (FI) and pat- down searches, and the taking and retention of photographs of persons detained in the field but not arrested. Due to a variety of situations confronting the officer, the decision to FI or photograph a field detainee shall be left to the discretion of the involved officer based on the totality of the circumstances available to them at the time of the detention. 461.2 DEFINITIONS Detention - Occurs when an officer intentionally, through words, actions or physical force causes an individual to reasonably believe he/she is being required to restrict his/her movement. Detentions also occur when an officer actually restrains a person’s freedom of movement. Consensual Encounter - Occurs when an officer contacts an individual but does not create a detention through words, actions or other means. In other words, a reasonable individual would believe that his/her contact with the officer is voluntary. Field Interview - The brief detainment of an individual, whether on foot or in a vehicle, based on reasonable suspicion for the purposes of determining the individual's identity and resolving the officer's suspicions. Field Photographs - Field photographs are defined as posed photographs taken of a person during a contact, detention, or arrest in the field. Undercover surveillance photographs of an individual and recordings captured by the normal operation of a Mobile Audio Video (MAV) system when persons are not posed for the purpose of photographing are not considered field photographs. Pat-Down Search - This type of search is used by officers in the field to check an individual for weapons. It involves a thorough patting down of clothing to locate any weapons or dangerous items that could pose a danger to the officer, the detainee, or others. Reasonable Suspicion - Occurs when, under the totality of the circumstances, an officer has articulable facts that criminal activity may be afoot and a particular person is connected with that possible criminal activity. 461.3 FIELD INTERVIEWS Officers may stop individuals for the purpose of conducting an FI where reasonable suspicion is present. In justifying the stop, the officer should be able to point to specific facts which, when taken together with rational inferences, reasonably warrant the stop. Such facts include, but are not limited to, the following: (a)The appearance or demeanor of an individual suggests that he/she is part of a criminal enterprise or is engaged in a criminal act. San Luis Obispo Police Department San Luis Obispo PD CA Policy Manual Detentions And Photographing Detainees Copyright Lexipol, LLC 2019/01/24, All Rights Reserved. Published with permission by San Luis Obispo Police Department Detentions And Photographing Detainees - 308 (b)The actions of the suspect suggest that he/she is engaged in a criminal activity. (c)The hour of day or night is inappropriate for the suspect's presence in the area. (d)The suspect's presence in the particular area is suspicious. (e)The suspect is carrying a suspicious object. (f)The suspect's clothing bulges in a manner that suggests he/she is carrying a weapon. (g)The suspect is located in proximate time and place to an alleged crime. (h)The officer has knowledge of the suspect's prior criminal record or involvement in criminal activity. 461.3.1 INITIATING A FIELD INTERVIEW An officer may initiate the stop of a person when there is articulable, reasonable suspicion to do so. A person however, should not be detained longer than is reasonably necessary to resolve the officer’s suspicions. Nothing in this policy is intended to discourage consensual contacts. Frequent and random casual contacts with consenting individuals are encouraged by the San Luis Obispo Police Department to strengthen our community involvement, community awareness and problem identification. 461.3.2 WITNESS IDENTIFICATION AND INTERVIEWS Because potential witnesses to an incident may become unavailable or the integrity of their statements compromised with the passage of time, officers should, when warranted by the seriousness of the case, take reasonable steps to promptly coordinate with an on-scene supervisor and/or criminal investigators to utilize available personnel for the following: (a)Identify all persons present at the scene and in the immediate area. 1.When feasible, a recorded statement should be obtained from those persons who claim not to have witnessed the incident but who were present at the time it occurred. 2.Any potential witness who is unwilling or unable to remain available for a formal interview should not be detained absent reasonable suspicion to detain or probable cause to arrest. Without detaining the individual for the sole purpose of identification, officers should attempt to identify the witness prior to his/her departure. (b)Witnesses who are willing to provide a formal interview should be asked to meet at a suitable location where criminal investigators may obtain a recorded statement. Such witnesses, if willing, may be transported by department personnel. 1.A written, verbal or recorded statement of consent should be obtained prior to transporting a witness in a department vehicle. When the witness is a minor, San Luis Obispo Police Department San Luis Obispo PD CA Policy Manual Detentions And Photographing Detainees Copyright Lexipol, LLC 2019/01/24, All Rights Reserved. Published with permission by San Luis Obispo Police Department Detentions And Photographing Detainees - 309 consent should be obtained from the parent or guardian, if available, prior to transportation. 461.4 PAT-DOWN SEARCHES A pat-down search of a detained subject may be conducted whenever an officer reasonably believes that the person may possess an object that can be utilized as an offensive weapon or whenever the officer has a reasonable fear for his/her own safety or the safety of others. Circumstances that may establish justification for performing a pat-down search include, but are not limited to the following: (a)The type of crime suspected, particularly in crimes of violence where the use or threat of deadly weapons is involved. (b)Where more than one suspect must be handled by a single officer. (c)The hour of the day and the location or neighborhood where the stop takes place. (d)Prior knowledge of the suspect's use of force and/or propensity to carry deadly weapons. (e)The appearance and demeanor of the suspect. (f)Visual indications which suggest that the suspect is carrying a firearm or other weapon. (g)The age and gender of the suspect. Whenever possible, pat-down searches should be performed by officers of the same gender. 461.5 FIELD PHOTOGRAPHS Before photographing any field detainee, the officer shall carefully consider, among other things, the factors listed below. 461.5.1 FIELD PHOTOGRAPHS TAKEN WITH CONSENT Field photographs may be taken when the subject of the photograph knowingly and voluntarily gives consent. 461.5.2 FIELD PHOTOGRAPHS TAKEN WITHOUT CONSENT Field photographs may be taken without consent only if they are taken during a detention that is based upon reasonable suspicion of criminal activity, and the photograph serves a legitimate law enforcement purpose related to the detention. Mere knowledge or suspicion of gang membership or affiliation is not a sufficient justification for taking a photograph without consent. The officer must be able to articulate facts that reasonably indicate that the subject was involved in or was about to become involved in criminal conduct. If, prior to taking a photograph, the officer’s reasonable suspicion of criminal activity has been dispelled, the detention must cease and the photograph should not be taken. San Luis Obispo Police Department San Luis Obispo PD CA Policy Manual Detentions And Photographing Detainees Copyright Lexipol, LLC 2019/01/24, All Rights Reserved. Published with permission by San Luis Obispo Police Department Detentions And Photographing Detainees - 310 All field photographs and related reports shall be submitted to a supervisor and retained in compliance with this policy. 461.6 SUPERVISOR RESPONSIBILITY While it is recognized that field photographs often become valuable investigative tools, supervisors should monitor such practices in view of the above listed considerations. This is not to imply that supervisor approval is required before each photograph. Access to field photographs shall be strictly limited to law enforcement purposes. 461.8 PHOTO REVIEW POLICY Any person who has been the subject of a field photograph or an FI by this agency during any contact other than an arrest may file a written request within 30 days of the contact requesting a review of the status of the photograph/FI. The request shall be directed to the office of the Chief of Police who will ensure that the status of the photograph or FI is properly reviewed according to this policy as described below. Upon a verbal request, the Department will send a request form to the requesting party along with a copy of this policy. 461.8.1 REVIEW PROCESS Upon receipt of such a written request, the Chief of Police or his or her designee will permit the individual to appear in person (any minor must be accompanied by their parent or legal guardian) for a review of the status of the photograph/Fl. Such a meeting will generally be scheduled during regular business hours within 30 days of the receipt of the written request. An extension of the 30-day limit may be made either upon the mutual convenience of the parties or if, at the discretion of the Chief of Police, there appears to be an ongoing legitimate law enforcement interest which warrants a delay. If the delay could jeopardize an ongoing investigation, nothing in this policy shall require the Chief of Police to disclose the reason(s) for the delay. A meeting for the review of the status of any non-arrest photograph/FI is not intended to be a formal hearing, but simply an informal opportunity for the individual to meet with the Chief of Police or his/her designee to discuss the matter. After carefully considering the information available, the Chief of Police or designee will determine, generally within 30 days of the original meeting, whether the photograph/FI was obtained in accordance with existing law and San Luis Obispo Police Department policy and, even if properly obtained, then whether there is any ongoing legitimate law enforcement interest in retaining the photograph/FI. If the Chief of Police or his/her designee determines that the photograph/FI was obtained in accordance with existing law and department policy and that there is an ongoing legitimate law enforcement interest in retaining the non-arrest photograph, the photograph/FI shall be retained according to this policy and applicable law. San Luis Obispo Police Department San Luis Obispo PD CA Policy Manual Detentions And Photographing Detainees Copyright Lexipol, LLC 2019/01/24, All Rights Reserved. Published with permission by San Luis Obispo Police Department Detentions And Photographing Detainees - 311 If the Chief of Police or his/her designee determines that the original legitimate law enforcement interest in retaining a non-arrest photograph no longer exists or that it was obtained in violation of existing law or San Luis Obispo Police Department policy, the original photograph will be destroyed or returned to the person photographed, if requested. All other associated reports or documents, however, will be retained according to department policy and applicable law. If the Chief of Police or his/her designee determines that the original legitimate law enforcement interest in retaining a non-arrest FI no longer exists or that the original F/I was not obtained in accordance with established law or San Luis Obispo Police Department policy, the original FI may only be destroyed upon the execution of a full and complete waiver of liability by the individual (and guardian if a minor) arising out of that field contact. If the Chief of Police or his/her designee determines that any involved San Luis Obispo Police Department personnel violated existing law or department policy, the Chief of Police or designee shall initiate a separate internal investigation which may result in additional training, discipline or other appropriate action for the involved employees. The person photographed/FI'd will be informed in writing within 30 days of the Chief of Police’s determination whether or not the photograph/FI will be retained. This does not entitle any person to any discovery or access to any law enforcement records not otherwise authorized by law. Policy 464 San Luis Obispo Police Department San Luis Obispo PD CA Policy Manual Copyright Lexipol, LLC 2019/01/24, All Rights Reserved. Published with permission by San Luis Obispo Police Department Criminal Organizations - 312 Criminal Organizations 464.1 PURPOSE AND SCOPE The purpose of this policy is to ensure that the San Luis Obispo Police Department appropriately utilizes criminal intelligence systems and temporary information files to support investigations of criminal organizations and enterprises. 464.1.1 DEFINITIONS Definitions related to this policy include: Criminal intelligence system - Any record system that receives, stores, exchanges or disseminates information that has been evaluated and determined to be relevant to the identification of a criminal organization or enterprise, its members or affiliates. This does not include temporary information files. 464.2 POLICY The San Luis Obispo Police Department recognizes that certain criminal activities, including but not limited to gang crimes and drug trafficking, often involve some degree of regular coordination and may involve a large number of participants over a broad geographical area. It is the policy of this department to collect and share relevant information while respecting the privacy and legal rights of the public. 464.3 CRIMINAL INTELLIGENCE SYSTEMS No department member may create, submit to or obtain information from a criminal intelligence system unless the Chief of Police has approved the system for department use. Any criminal intelligence system approved for department use should meet or exceed the standards of 28 CFR 23.20. A designated supervisor will be responsible for maintaining each criminal intelligence system that has been approved for department use. The supervisor or the authorized designee should ensure the following: (a)Members using any such system are appropriately selected and trained. (b)Use of every criminal intelligence system is appropriately reviewed and audited. (c)Any system security issues are reasonably addressed. 464.3.1 SYSTEM ENTRIES It is the designated supervisor’s responsibility to approve the entry of any information from a report, field interview (FI), photo or other relevant document into an authorized criminal intelligence system. If entries are made based upon information that is not on file with this department, such as open or public source documents or documents that are on file at another agency, the designated supervisor should ensure copies of those documents are retained by the Records Bureau. Any San Luis Obispo Police Department San Luis Obispo PD CA Policy Manual Criminal Organizations Copyright Lexipol, LLC 2019/01/24, All Rights Reserved. Published with permission by San Luis Obispo Police Department Criminal Organizations - 313 supporting documentation for an entry shall be retained by the Records Bureau in accordance with the established records retention schedule and for at least as long as the entry is maintained in the system. The designated supervisor should ensure that any documents retained by the Records Bureau are appropriately marked as intelligence information. The Records Supervisor may not purge such documents without the approval of the designated supervisor. 464.3.2 GANG DATABASES The Chief of Police may approve participation by the gang unit in a shared criminal gang intelligence database, such as CALGANG®. Members must obtain the requisite training before accessing any such database. It is the gang unit supervisor’s responsibility to determine whether any report or FI contains information that would qualify for entry into the database. Prior to designating any person as a suspected gang member, associate or affiliate in a shared gang database; or submitting a document to the Attorney General’s office for the purpose of designating a person in a shared gang database; or otherwise identifying the person in a shared gang database, the gang unit supervisor shall provide written notice to the person and, if the person is under the age of 18, to his/her parent or guardian of the designation and the basis for the designation, unless providing that notification would compromise an active criminal investigation or compromise the health or safety of a minor. Notice shall also describe the process to contest the designation (Penal Code § 186.34). The person, an attorney working on his/her behalf or his/her parent or guardian (if the person is under 18 years of age) may request, in writing, information as to whether the person is designated as a suspected gang member, associate or affiliate in a shared gang database accessible by the department, the basis for that designation and the name of the agency that made the designation. The department shall respond to a valid request in writing within 30 days, and shall provide the information requested unless doing so would compromise an active investigation or compromise the health and safety of the person if he/she is under 18 years of age (Penal Code § 186.34). The person, or his/her parent or guardian if the person is under 18 years of age, may contest the designation by submitting written documentation which shall be reviewed by the gang unit supervisor. If it is determined that the person is not a suspected gang member, associate or affiliate, the person shall be removed from the database. The person and the parent or guardian shall be provided written verification of the department’s decision within 30 days of receipt of the written documentation contesting the designation and shall include the reason for a denial when applicable (Penal Code § 186.34). The gang unit supervisor should forward reports or FIs to the Records Bureau after appropriate database entries are made. The supervisor should clearly mark the report/FI as gang intelligence information. San Luis Obispo Police Department San Luis Obispo PD CA Policy Manual Criminal Organizations Copyright Lexipol, LLC 2019/01/24, All Rights Reserved. Published with permission by San Luis Obispo Police Department Criminal Organizations - 314 It is the responsibility of the Records Bureau supervisor to retain reports and FIs in compliance with the database rules and any applicable end user agreement. Records contained in a shared gang database shall not be disclosed for employment or military screening purposes, and shall not be disclosed for the purpose of enforcing federal immigration law unless required by state or federal statute or regulation (Penal Code § 186.36). 464.3.3 REPORT TO THE CALIFORNIA DEPARTMENT OF JUSTICE The Investigation Bureau Commander or the authorized designee shall ensure that the annual report of information submitted to a shared gang database as required by Penal Code § 186.34 is submitted to the California Department of Justice. 464.4 TEMPORARY INFORMATION FILE No member may create or keep files on individuals that are separate from the approved criminal intelligence system. However, members may maintain temporary information that is necessary to actively investigate whether a person or group qualifies for entry into the department-approved criminal intelligence system only as provided in this section. Once information qualifies for inclusion, it should be submitted to the supervisor responsible for consideration of criminal intelligence system entries. 464.4.1 FILE CONTENTS A temporary information file may only contain information and documents that, within one year, will have a reasonable likelihood to meet the criteria for entry into an authorized criminal intelligence system. Information and documents contained in a temporary information file: (a)Must only be included upon documented authorization of the responsible department supervisor. (b)Should not be originals that would ordinarily be retained by the Records Bureau or Property and Evidence Section, but should be copies of, or references to, retained documents such as copies of reports, FI forms, the Communications Center records or booking forms. (c)Shall not include opinions. No person, organization or enterprise shall be labeled as being involved in crime beyond what is already in the document or information. (d)May include information collected from publicly available sources or references to documents on file with another government agency. Attribution identifying the source should be retained with the information. 464.4.2 FILE REVIEW AND PURGING The contents of a temporary information file shall not be retained longer than one year. At the end of one year, the contents must be purged. San Luis Obispo Police Department San Luis Obispo PD CA Policy Manual Criminal Organizations Copyright Lexipol, LLC 2019/01/24, All Rights Reserved. Published with permission by San Luis Obispo Police Department Criminal Organizations - 315 The designated supervisor shall periodically review the temporary information files to verify that the contents meet the criteria for retention. Validation and purging of files is the responsibility of the supervisor. 464.5 INFORMATION RECOGNITION Department members should document facts that suggest an individual, organization or enterprise is involved in criminal activity and should forward that information appropriately. Examples include, but are not limited to: (a)Gang indicia associated with a person or residence. (b)Information related to a drug-trafficking operation. (c)Vandalism indicating an animus for a particular group. (d)Information related to an illegal gambling operation. Department supervisors who utilize an authorized criminal intelligence system should work with the Training Manager to train members to identify information that may be particularly relevant for inclusion. 464.6 RELEASE OF INFORMATION Department members shall comply with the rules of an authorized criminal intelligence system regarding inquiries and release of information. Information from a temporary information file may only be furnished to department members and other law enforcement agencies on a need-to-know basis and consistent with the Records Maintenance and Release Policy. When an inquiry is made by the parent or guardian of a juvenile as to whether that juvenile’s name is in a temporary information file, such information should be provided by the supervisor responsible for the temporary information file, unless there is good cause to believe that the release of such information might jeopardize an ongoing criminal investigation. 464.7 CRIMINAL STREET GANGS The Detective Bureau supervisor should ensure that there are an appropriate number of department members who can: (a)Testify as experts on matters related to criminal street gangs, and maintain an above average familiarity with: 1.Any organization, associate or group of three or more persons that meets the definition of a criminal street gang under Penal Code § 186.22(f). 2.Identification of a person as a criminal street gang member and criminal street gang-related crimes. San Luis Obispo Police Department San Luis Obispo PD CA Policy Manual Criminal Organizations Copyright Lexipol, LLC 2019/01/24, All Rights Reserved. Published with permission by San Luis Obispo Police Department Criminal Organizations - 316 3.The California Street Terrorism Enforcement and Prevention Act (Penal Code § 186.21 et seq.), associated crimes and what defines a criminal street gang (Penal Code § 186.22). (b)Coordinate with other agencies in the region regarding criminal street gang-related crimes and information. (c)Train other members to identify gang indicia and investigate criminal street gang- related crimes. 464.8 TRAINING The Training Manager should provide training on best practices in the use of each authorized criminal intelligence system to those tasked with investigating criminal organizations and enterprises. Training should include: (a)The protection of civil liberties. (b)Participation in a multiagency criminal intelligence system. (c)Submission of information into a multiagency criminal intelligence system or the receipt of information from such a system, including any governing federal and state rules and statutes. (d)The type of information appropriate for entry into a criminal intelligence system or temporary information file. (e)The review and purging of temporary information files. Policy 464 San Luis Obispo Police Department San Luis Obispo PD CA Policy Manual Copyright Lexipol, LLC 2019/01/24, All Rights Reserved. Published with permission by San Luis Obispo Police Department Public Recording of Law Enforcement Activity - 317 Public Recording of Law Enforcement Activity 464.1 PURPOSE AND SCOPE This policy provides guidelines for handling situations in which members of the public photograph or audio/video record law enforcement actions and other public activities that involve members of this department. In addition, this policy provides guidelines for situations where the recordings may be evidence. 464.2 POLICY The San Luis Obispo Police Department recognizes the right of persons to lawfully record members of this department who are performing their official duties. Members of this department will not prohibit or intentionally interfere with such lawful recordings. Any recordings that are deemed to be evidence of a crime or relevant to an investigation will only be collected or seized lawfully. Officers should exercise restraint and should not resort to highly discretionary arrests for offenses such as interference, failure to comply or disorderly conduct as a means of preventing someone from exercising the right to record members performing their official duties. 464.3 RECORDING LAW ENFORCEMENT ACTIVITY Members of the public who wish to record law enforcement activities are limited only in certain aspects. (a)Recordings may be made from any public place or any private property where the individual has the legal right to be present (Penal Code § 69; Penal Code § 148). (b)Beyond the act of photographing or recording, individuals may not interfere with the law enforcement activity. Examples of interference include, but are not limited to: 1.Tampering with a witness or suspect. 2.Inciting others to violate the law. 3.Being so close to the activity as to present a clear safety hazard to the officers. 4.Being so close to the activity as to interfere with an officer’s effective communication with a suspect or witness. (c)The individual may not present an undue safety risk to the officers, him/herself or others. 464.4 OFFICER RESPONSE Officers should promptly request that a supervisor respond to the scene whenever it appears that anyone recording activities may be interfering with an investigation or it is believed that the recording may be evidence. If practicable, officers should wait for the supervisor to arrive before taking enforcement action or seizing any cameras or recording media. San Luis Obispo Police Department San Luis Obispo PD CA Policy Manual Public Recording of Law Enforcement Activity Copyright Lexipol, LLC 2019/01/24, All Rights Reserved. Published with permission by San Luis Obispo Police Department Public Recording of Law Enforcement Activity - 318 Whenever practicable, officers or supervisors should give clear and concise warnings to individuals who are conducting themselves in a manner that would cause their recording or behavior to be unlawful. Accompanying the warnings should be clear directions on what an individual can do to be compliant; directions should be specific enough to allow compliance. For example, rather than directing an individual to clear the area, an officer could advise the person that he/she may continue observing and recording from the sidewalk across the street. If an arrest or other significant enforcement activity is taken as the result of a recording that interferes with law enforcement activity, officers shall document in a report the nature and extent of the interference or other unlawful behavior and the warnings that were issued. 464.5 SUPERVISOR RESPONSIBILITIES A supervisor should respond to the scene when requested or any time the circumstances indicate a likelihood of interference or other unlawful behavior. The supervisor should review the situation with the officer and: (a)Request any additional assistance as needed to ensure a safe environment. (b)Take a lead role in communicating with individuals who are observing or recording regarding any appropriate limitations on their location or behavior. When practical, the encounter should be recorded. (c)When practicable, allow adequate time for individuals to respond to requests for a change of location or behavior. (d)Ensure that any enforcement, seizure or other actions are consistent with this policy and constitutional and state law. (e)Explain alternatives for individuals who wish to express concern about the conduct of Department members, such as how and where to file a complaint. 464.6 SEIZING RECORDINGS AS EVIDENCE Officers should not seize recording devices or media unless (42 USC § 2000aa): (a)There is probable cause to believe the person recording has committed or is committing a crime to which the recording relates, and the recording is reasonably necessary for prosecution of the person. 1.Absent exigency or consent, a warrant should be sought before seizing or viewing such recordings. Reasonable steps may be taken to prevent erasure of the recording. (b)There is reason to believe that the immediate seizure of such recordings is necessary to prevent serious bodily injury or death of any person. (c)The person consents. 1.To ensure that the consent is voluntary, the request should not be made in a threatening or coercive manner. San Luis Obispo Police Department San Luis Obispo PD CA Policy Manual Public Recording of Law Enforcement Activity Copyright Lexipol, LLC 2019/01/24, All Rights Reserved. Published with permission by San Luis Obispo Police Department Public Recording of Law Enforcement Activity - 319 2.If the original recording is provided, a copy of the recording should be provided to the recording party, if practicable. The recording party should be permitted to be present while the copy is being made, if feasible. Another way to obtain the evidence is to transmit a copy of the recording from a device to a department- owned device. Recording devices and media that are seized will be submitted within the guidelines of the Property and Evidence Policy. Policy 465 San Luis Obispo Police Department San Luis Obispo PD CA Policy Manual Copyright Lexipol, LLC 2019/01/24, All Rights Reserved. Published with permission by San Luis Obispo Police Department Crisis Intervention Incidents - 320 Crisis Intervention Incidents 465.1 PURPOSE AND SCOPE This policy provides guidelines for interacting with those who may be experiencing a mental health or emotional crisis. Interaction with such individuals has the potential for miscommunication and violence. It often requires an officer to make difficult judgments about a person’s mental state and intent in order to effectively and legally interact with the individual. 465.1.1 DEFINITIONS Definitions related to this policy include: Person in crisis - A person whose level of distress or mental health symptoms have exceeded the person’s internal ability to manage his/her behavior or emotions. A crisis can be precipitated by any number of things, including an increase in the symptoms of mental illness despite treatment compliance; non-compliance with treatment, including a failure to take prescribed medications appropriately; or any other circumstance or event that causes the person to engage in erratic, disruptive or dangerous behavior that may be accompanied by impaired judgment. 465.2 POLICY The San Luis Obispo Police Department is committed to providing a consistently high level of service to all members of the community and recognizes that persons in crisis may benefit from intervention. The Department will collaborate, where feasible, with mental health professionals to develop an overall intervention strategy to guide its members’ interactions with those experiencing a mental health crisis. This is to ensure equitable and safe treatment of all involved. 465.3 SIGNS Members should be alert to any of the following possible signs of mental health issues or crises: (a)A known history of mental illness (b)Threats of or attempted suicide (c)Loss of memory (d)Incoherence, disorientation or slow response (e)Delusions, hallucinations, perceptions unrelated to reality or grandiose ideas (f)Depression, pronounced feelings of hopelessness or uselessness, extreme sadness or guilt (g)Social withdrawal (h)Manic or impulsive behavior, extreme agitation, lack of control (i)Lack of fear (j)Anxiety, aggression, rigidity, inflexibility or paranoia San Luis Obispo Police Department San Luis Obispo PD CA Policy Manual Crisis Intervention Incidents Copyright Lexipol, LLC 2019/01/24, All Rights Reserved. Published with permission by San Luis Obispo Police Department Crisis Intervention Incidents - 321 Members should be aware that this list is not exhaustive. The presence or absence of any of these should not be treated as proof of the presence or absence of a mental health issue or crisis. 465.4 COORDINATION WITH MENTAL HEALTH PROFESSIONALS The Chief of Police should designate an appropriate Bureau Commander to collaborate with mental health professionals to develop an education and response protocol. It should include a list of community resources, to guide department interaction with those who may be suffering from mental illness or who appear to be in a mental health crisis. 465.5 FIRST RESPONDERS Safety is a priority for first responders. It is important to recognize that individuals under the influence of alcohol, drugs or both may exhibit symptoms that are similar to those of a person in a mental health crisis. These individuals may still present a serious threat to officers; such a threat should be addressed with reasonable tactics. Nothing in this policy shall be construed to limit an officer’s authority to use reasonable force when interacting with a person in crisis. Officers are reminded that mental health issues, mental health crises and unusual behavior alone are not criminal offenses. Individuals may benefit from treatment as opposed to incarceration. An officer responding to a call involving a person in crisis should: (a)Promptly assess the situation independent of reported information and make a preliminary determination regarding whether a mental health crisis may be a factor. (b)Request available backup officers and specialized resources as deemed necessary and, if it is reasonably believed that the person is in a crisis situation, use conflict resolution and de-escalation techniques to stabilize the incident as appropriate. (c)If feasible, and without compromising safety, turn off flashing lights, bright lights or sirens. (d)Attempt to determine if weapons are present or available. 1.Prior to making contact, and whenever possible and reasonable, conduct a search of the Department of Justice Automated Firearms System via the California Law Enforcement Telecommunications System (CLETS) to determine whether the person is the registered owner of a firearm (Penal Code § 11106.4). (e)Take into account the person’s mental and emotional state and potential inability to understand commands or to appreciate the consequences of his/her action or inaction, as perceived by the officer. (f)Secure the scene and clear the immediate area as necessary. (g)Employ tactics to preserve the safety of all participants. (h)Determine the nature of any crime. (i)Request a supervisor, as warranted. (j)Evaluate any available information that might assist in determining cause or motivation for the person’s actions or stated intentions. San Luis Obispo Police Department San Luis Obispo PD CA Policy Manual Crisis Intervention Incidents Copyright Lexipol, LLC 2019/01/24, All Rights Reserved. Published with permission by San Luis Obispo Police Department Crisis Intervention Incidents - 322 (k)If circumstances reasonably permit, consider and employ alternatives to force. 465.6 DE-ESCALATION Officers should consider that taking no action or passively monitoring the situation may be the most reasonable response to a mental health crisis. Once it is determined that a situation is a mental health crisis and immediate safety concerns have been addressed, responding members should be aware of the following considerations and should generally: •Evaluate safety conditions. •Introduce themselves and attempt to obtain the person’s name. •Be patient, polite, calm, courteous and avoid overreacting. •Speak and move slowly and in a non-threatening manner. •Moderate the level of direct eye contact. •Remove distractions or disruptive people from the area. •Demonstrate active listening skills (e.g., summarize the person’s verbal communication). •Provide for sufficient avenues of retreat or escape should the situation become volatile. Responding officers generally should not: •Use stances or tactics that can be interpreted as aggressive. •Allow others to interrupt or engage the person. •Corner a person who is not believed to be armed, violent or suicidal. •Argue, speak with a raised voice or use threats to obtain compliance. 465.7 INCIDENT ORIENTATION When responding to an incident that may involve mental illness or a mental health crisis, the officer should request that the dispatcher provide critical information as it becomes available. This includes: (a)Whether the person relies on drugs or medication, or may have failed to take his/her medication. (b)Whether there have been prior incidents, suicide threats/attempts, and whether there has been previous police response. (c)Contact information for a treating physician or mental health professional. Additional resources and a supervisor should be requested as warranted. San Luis Obispo Police Department San Luis Obispo PD CA Policy Manual Crisis Intervention Incidents Copyright Lexipol, LLC 2019/01/24, All Rights Reserved. Published with permission by San Luis Obispo Police Department Crisis Intervention Incidents - 323 465.8 SUPERVISOR RESPONSIBILITIES A supervisor should respond to the scene of any interaction with a person in crisis. Responding supervisors should: (a)Attempt to secure appropriate and sufficient resources. (b)Closely monitor any use of force, including the use of restraints, and ensure that those subjected to the use of force are provided with timely access to medical care (see the Handcuffing and Restraints Policy). (c)Consider strategic disengagement. Absent an imminent threat to the public and, as circumstances dictate, this may include removing or reducing law enforcement resources or engaging in passive monitoring. (d)Ensure that all reports are completed and that incident documentation uses appropriate terminology and language. (e)Conduct an after-action tactical and operational debriefing, and prepare an after-action evaluation of the incident to be forwarded to the Bureau Commander. Evaluate whether a critical incident stress management debriefing for involved members is warranted. 465.9 INCIDENT REPORTING Members engaging in any oral or written communication associated with a mental health crisis should be mindful of the sensitive nature of such communications and should exercise appropriate discretion when referring to or describing persons and circumstances. Members having contact with a person in crisis should keep related information confidential, except to the extent that revealing information is necessary to conform to department reporting procedures or other official mental health or medical proceedings. 465.9.1 DIVERSION Individuals who are not being arrested should be processed in accordance with the Mental Illness Commitments Policy. 465.10 NON-SWORN INTERACTION WITH PEOPLE IN CRISIS Non-sworn members may be required to interact with persons in crisis in an administrative capacity, such as dispatching, records request, and animal control issues. (a)Members should treat all individuals equally and with dignity and respect. (b)If a member believes that he/she is interacting with a person in crisis, he/she should proceed patiently and in a calm manner. (c)Members should be aware and understand that the person may make unusual or bizarre claims or requests. If a person’s behavior makes the member feel unsafe, if the person is or becomes disruptive or violent, or if the person acts in such a manner as to cause the member to believe that the person San Luis Obispo Police Department San Luis Obispo PD CA Policy Manual Crisis Intervention Incidents Copyright Lexipol, LLC 2019/01/24, All Rights Reserved. Published with permission by San Luis Obispo Police Department Crisis Intervention Incidents - 324 may be harmful to him/herself or others, an officer should be promptly summoned to provide assistance. 465.11 EVALUATION The Bureau Commander designated to coordinate the crisis intervention strategy for this department should ensure that a thorough review and analysis of the department response to these incidents is conducted annually. The report will not include identifying information pertaining to any involved individuals, officers or incidents and will be submitted to the Chief of Police through the chain of command. 465.12 TRAINING In coordination with the mental health community and appropriate stakeholders, the Department will develop and provide comprehensive education and training to all department members to enable them to effectively interact with persons in crisis. This department will endeavor to provide Peace Officer Standards and Training (POST)-approved advanced officer training on interaction with persons with mental disabilities, welfare checks and crisis intervention (Penal Code § 11106.4; Penal Code § 13515.25; Penal Code § 13515.27; Penal Code § 13515.30). Policy 466 San Luis Obispo Police Department San Luis Obispo PD CA Policy Manual Copyright Lexipol, LLC 2019/01/24, All Rights Reserved. Published with permission by San Luis Obispo Police Department Medical Aid and Response - 325 Medical Aid and Response 466.1 PURPOSE AND SCOPE This policy recognizes that members often encounter persons who appear to be in need of medical aid and establishes a law enforcement response to such situations. 466.2 POLICY It is the policy of the San Luis Obispo Police Department that all officers and other designated members be trained to provide emergency medical aid and to facilitate an emergency medical response. 466.3 FIRST RESPONDING MEMBER RESPONSIBILITIES Whenever practicable, members should take appropriate steps to provide initial medical aid (e.g., first aid, CPR and use of an automated external defibrillator (AED)) in accordance with their training and current certification levels. This should be done for those in need of immediate care and only when the member can safely do so. Prior to initiating medical aid, the member should contact the Communications Center and request response by emergency medical services (EMS) as the member deems appropriate. Members should follow universal precautions when providing medical aid, such as wearing gloves and avoiding contact with bodily fluids, consistent with the Communicable Diseases Policy. Members should use a barrier or bag device to perform rescue breathing. When requesting EMS, the member should provide the Communications Center with information for relay to EMS personnel in order to enable an appropriate response, including: (a)The location where EMS is needed. (b)The nature of the incident. (c)Any known scene hazards. (d)Information on the person in need of EMS, such as: 1.Signs and symptoms as observed by the member. 2.Changes in apparent condition. 3.Number of patients, sex and age, if known. 4.Whether the person is conscious, breathing and alert, or is believed to have consumed drugs or alcohol. 5.Whether the person is showing signs or symptoms of excited delirium or other agitated chaotic behavior. Members should stabilize the scene whenever practicable while awaiting the arrival of EMS. Members should not direct EMS personnel whether to transport the person for treatment. San Luis Obispo Police Department San Luis Obispo PD CA Policy Manual Medical Aid and Response Copyright Lexipol, LLC 2019/01/24, All Rights Reserved. Published with permission by San Luis Obispo Police Department Medical Aid and Response - 326 466.4 TRANSPORTING ILL AND INJURED PERSONS Except in extraordinary cases where alternatives are not reasonably available, members should not transport persons who are unconscious, who have serious injuries or who may be seriously ill. EMS personnel should be called to handle patient transportation. Officers should search any person who is in custody before releasing that person to EMS for transport. An officer should accompany any person in custody during transport in an ambulance when requested by EMS personnel, when it reasonably appears necessary to provide security, when it is necessary for investigative purposes or when so directed by a supervisor. Members should not provide emergency escort for medical transport or civilian vehicles. 466.5 PERSONS REFUSING EMS CARE If a person who is not in custody refuses EMS care or refuses to be transported to a medical facility, an officer shall not force that person to receive care or be transported. However, members may assist EMS personnel when EMS personnel determine the person lacks mental capacity to understand the consequences of refusing medical care or to make an informed decision and the lack of immediate medical attention may result in serious bodily injury or the death of the person. In cases where mental illness may be a factor, the officer should consider proceeding with a 72- hour treatment and evaluation commitment (5150 commitment) process in accordance with the Mental Illness Commitments Policy. If an officer believes that a person who is in custody requires EMS care and the person refuses, he/she should encourage the person to receive medical treatment. The officer may also consider contacting a family member to help persuade the person to agree to treatment or who may be able to authorize treatment for the person. If the person still refuses, the officer will require the person to be transported to the nearest medical facility. In such cases, the officer should consult with a supervisor prior to the transport. Members shall not sign refusal-for-treatment forms or forms accepting financial responsibility for treatment. 466.5.1 SICK OR INJURED ARRESTEE If an arrestee appears ill or injured, or claims illness or injury, he/she should be medically cleared prior to booking. If the officer has reason to believe the arrestee is feigning injury or illness, the officer should contact a supervisor, who will determine whether medical clearance will be obtained prior to booking. If the jail or detention facility refuses to accept custody of an arrestee based on medical screening, the officer should note the name of the facility person refusing to accept custody and the reason for refusal, and should notify a supervisor to determine the appropriate action. San Luis Obispo Police Department San Luis Obispo PD CA Policy Manual Medical Aid and Response Copyright Lexipol, LLC 2019/01/24, All Rights Reserved. Published with permission by San Luis Obispo Police Department Medical Aid and Response - 327 Arrestees who appear to have a serious medical issue should be transported by ambulance. Officers shall not transport an arrestee to a hospital without a supervisor’s approval. 466.6 MEDICAL ATTENTION RELATED TO USE OF FORCE Specific guidelines for medical attention for injuries sustained from a use of force may be found in the Use of Force, Handcuffing and Restraints, Control Devices and Techniques, and Conducted Energy Device policies. 466.7 AIR AMBULANCE Generally, when on-scene, EMS personnel will be responsible for determining whether an air ambulance response should be requested. An air ambulance may be appropriate when there are victims with life-threatening injuries or who require specialized treatment (e.g., gunshot wounds, burns, obstetrical cases), and distance or other known delays will affect the EMS response. The Operations Bureau Commander should develop guidelines for air ambulance landings or enter into local operating agreements for the use of air ambulances, as applicable. In creating those guidelines, the Department should identify: •Responsibility and authority for designating a landing zone and determining the size of the landing zone. •Responsibility for securing the area and maintaining that security once the landing zone is identified. •Consideration of the air ambulance provider’s minimum standards for proximity to vertical obstructions and surface composition (e.g., dirt, gravel, pavement, concrete, grass). •Consideration of the air ambulance provider’s minimum standards for horizontal clearance from structures, fences, power poles, antennas or roadways. •Responsibility for notifying the appropriate highway or transportation agencies if a roadway is selected as a landing zone. •Procedures for ground personnel to communicate with flight personnel during the operation. One department member at the scene should be designated as the air ambulance communications contact. Headlights, spotlights and flashlights should not be aimed upward at the air ambulance. Members should direct vehicle and pedestrian traffic away from the landing zone. Members should follow these cautions when near an air ambulance: •Never approach the aircraft until signaled by the flight crew. •Always approach the aircraft from the front. •Avoid the aircraft’s tail rotor area. •Wear eye protection during landing and take-off. •Do not carry or hold items, such as IV bags, above the head. San Luis Obispo Police Department San Luis Obispo PD CA Policy Manual Medical Aid and Response Copyright Lexipol, LLC 2019/01/24, All Rights Reserved. Published with permission by San Luis Obispo Police Department Medical Aid and Response - 328 •Ensure that no one smokes near the aircraft. 466.8 AUTOMATED EXTERNAL DEFIBRILLATOR (AED) USE A member may use an AED only after receiving appropriate training from an approved public safety first aid and CPR course (22 CCR 100014; 22 CCR 100017; 22 CCR 100018). 466.8.1 AED USER RESPONSIBILITY Members who are issued AEDs for use in department vehicles should check the AED at the beginning of the shift to ensure it is properly charged and functioning. Any AED that is not functioning properly will be taken out of service and given to the Training Manager who is responsible for ensuring appropriate maintenance. Following use of an AED, the device shall be cleaned and/or decontaminated as required. The electrodes and/or pads will be replaced as recommended by the AED manufacturer. Any member who uses an AED should contact the Communications Center as soon as possible and request response by EMS. 466.8.2 AED REPORTING Any member using an AED will complete an incident report detailing its use. 466.8.3 AED TRAINING AND MAINTENANCE The Training Manager should ensure appropriate training and refresher training is provided to members authorized to use an AED. A list of authorized members and training records shall be made available for inspection by the local EMS agency (LEMSA) or EMS authority upon request (22 CCR 100021; 22 CCR 100022; 22 CCR 100029). The Training Manager is responsible for ensuring AED devices are appropriately maintained and will retain records of all maintenance in accordance with the established records retention schedule (22 CCR 100021). 466.9 ADMINISTRATION OF OPIOID OVERDOSE MEDICATION Members may administer opioid overdose medication in accordance with protocol specified by the licensed health care provider who prescribed the overdose medication for use by the member and (Civil Code § 1714.22; 22 CCR 100019): (a)When trained and tested to demonstrate competence following initial instruction. (b)When authorized by the medical director of the LEMSA. (c)In accordance with California Peace Officer Standards and Training (POST) standards. 466.9.1 OPIOID OVERDOSE MEDICATION USER RESPONSIBILITIES Members who are qualified to administer opioid overdose medication, such as naloxone, should handle, store and administer the medication consistent with their training. Members should check the medication and associated administration equipment at the beginning of their shift to ensure San Luis Obispo Police Department San Luis Obispo PD CA Policy Manual Medical Aid and Response Copyright Lexipol, LLC 2019/01/24, All Rights Reserved. Published with permission by San Luis Obispo Police Department Medical Aid and Response - 329 they are serviceable and not expired. Any expired medication or unserviceable administration equipment should be removed from service and given to the Training Manager. Any member who administers an opioid overdose medication should contact the Communications Center as soon as possible and request response by EMS. 466.9.2 OPIOID OVERDOSE MEDICATION REPORTING Any member administering opioid overdose medication should detail its use in an appropriate report. The Training Manager will ensure that the Records Supervisor is provided enough information to meet applicable state reporting requirements. 466.9.3 OPIOID OVERDOSE MEDICATION TRAINING The Training Manager should ensure initial and refresher training is provided to members authorized to administer opioid overdose medication. Training should be coordinated with the local health department and comply with the requirements in 22 CCR 100019 and any applicable POST standards (Civil Code § 1714.22). 466.10 ADMINISTRATION OF EPINEPHRINE AUTO-INJECTORS The Operations Bureau Commander may authorize the acquisition of epinephrine auto-injectors for use by Department members as provided by Health and Safety Code § 1797.197a. The Training Manager shall create and maintain an operations plan for the storage, maintenance, use and disposal of epinephrine auto-injectors as required by Health and Safety Code § 1797.197a(f). Trained members who possess valid certification may administer an epinephrine auto-injector for suspected anaphylaxis (Health and Safety Code § 1797.197a(b); 22 CCR 100019). 466.10.1 EPINEPHRINE USER RESPONSIBILITIES Members should handle, store and administer epinephrine auto-injectors consistent with their training and the Department operations plan. Members should check the auto-injectors at the beginning of their shift to ensure the medication is not expired. Any expired medication should be removed from service in accordance with the Department Operations Plan. Any member who administers an epinephrine auto-injector medication should contact the Communications Center as soon as possible and request response by EMS (Health and Safety Code § 1797.197a(b)). 466.10.2 EPINEPHRINE AUTO-INJECTOR REPORTING Any member who administers an epinephrine auto-injector should detail its use in an appropriate report. The Training Manager should ensure that the Records Supervisor is provided enough information for required reporting to the EMS Authority within 30 days after each use (Health and Safety Code § 1797.197a(f)). San Luis Obispo Police Department San Luis Obispo PD CA Policy Manual Medical Aid and Response Copyright Lexipol, LLC 2019/01/24, All Rights Reserved. Published with permission by San Luis Obispo Police Department Medical Aid and Response - 330 Records regarding the acquisition and disposition of epinephrine auto-injectors shall be maintained pursuant to the Department established records retention schedule but no less than three years (Business and Professions Code § 4119.4(d)). 466.10.3 EPINEPHRINE AUTO-INJECTOR TRAINING The Training Manager should ensure that members authorized to administer epinephrine auto- injectors are provided with initial and refresher training that meets the requirements of Health and Safety Code § 1797.197a(c) and 22 CCR 100019. Policy 467 San Luis Obispo Police Department San Luis Obispo PD CA Policy Manual Copyright Lexipol, LLC 2019/01/24, All Rights Reserved. Published with permission by San Luis Obispo Police Department Watch Commanders - 331 Watch Commanders 467.1 PURPOSE AND SCOPE Each patrol shift must be directed by supervisors who are capable of making decisions and communicating in a manner consistent with departmental policies, procedures, practices, functions and objectives. To accomplish this goal, a Lieutenant heads each watch. 467.2 DESIGNATION AS ACTING WATCH COMMANDER When a Lieutenant is unavailable for duty as Watch Commander, in most instances the senior qualified sergeant shall be designated as acting Watch Commander. This policy does not preclude designating a less senior sergeant as an acting Watch Commander when operational needs require or training permits. Policy 470 San Luis Obispo Police Department San Luis Obispo PD CA Policy Manual Copyright Lexipol, LLC 2019/01/24, All Rights Reserved. Published with permission by San Luis Obispo Police Department Mobile Audio/Video - 332 Mobile Audio/Video 470.1 PURPOSE AND SCOPE The San Luis Obispo Police Department has equipped marked patrol cars with Mobile Audio Video (MAV) recording systems to provide records of events and assist officers in the performance of their duties. This policy provides guidance on the use of these systems. 470.1.1 DEFINITIONS Definitions related to this policy include: Activate - Any process that causes the MAV system to transmit or store video or audio data in an active mode. In-car camera system and Mobile Audio/Video (MAV) system - Synonymous terms which refer to any system that captures audio and video signals, that is capable of installation in a vehicle, and that includes at minimum, a camera, microphone, recorder and monitor. MAV technician -Personnel certified or trained in the operational use and repair of MAVs, duplicating methods, storage and retrieval methods and procedures, and who have a working knowledge of video forensics and evidentiary procedures. Recorded media - Audio-video signals recorded or digitally stored on a storage device or portable media. 470.2 POLICY It is the policy of the San Luis Obispo Police Department to use mobile audio and video technology to more effectively fulfill the department’s mission and to ensure these systems are used securely and efficiently. 470.3 OFFICER RESPONSIBILITIES Prior to going into service, each officer will properly equip him/herself to record audio and video in the field. At the end of the shift, each officer will follow the established procedures for providing to the Department any recordings or used media and any other related equipment. Each officer should have adequate recording media for the entire duty assignment. In the event an officer works at a remote location and reports in only periodically, additional recording media may be issued. Only San Luis Obispo Police Department identified and labeled media with tracking numbers is to be used. At the start of each shift, officers should test the MAV system's operation in accordance with manufacturer specifications and department operating procedures and training. System documentation is accomplished by the officer logging into the MAV at the beginning of each shift. If the system is malfunctioning, the officer shall take the vehicle out of service unless a supervisor requests the vehicle remain in service. San Luis Obispo Police Department San Luis Obispo PD CA Policy Manual Mobile Audio/Video Copyright Lexipol, LLC 2019/01/24, All Rights Reserved. Published with permission by San Luis Obispo Police Department Mobile Audio/Video - 333 470.4 ACTIVATION OF THE MAV The MAV system is designed to turn on whenever the unit’s emergency lights are activated. The system remains on until it is turned off manually. The audio portion is independently controlled and should be activated manually by the officer whenever appropriate. When audio is being recorded, the video will also record. 470.4.1 REQUIRED ACTIVATION OF MAV This policy is not intended to describe every possible situation in which the MAV system may be used, although there are many situations where its use is appropriate. An officer may activate the system any time the officer believes it would be appropriate or valuable to document an incident. In some circumstances it is not possible to capture images of the incident due to conditions or the location of the camera. However, the audio portion can be valuable evidence and is subject to the same activation requirements as the MAV. The MAV system should be activated in any of the following situations: (a)All field contacts involving actual or potential criminal conduct within video or audio range: 1.Traffic stops (to include, but not limited to, traffic violations, stranded motorist assistance and all crime interdiction stops) 2.Priority responses 3.Vehicle pursuits 4.Suspicious vehicles 5.Arrests 6.Vehicle searches 7.Physical or verbal confrontations or use of force 8.Pedestrian checks 9.DWI/DUI investigations including field sobriety tests 10.Consensual encounters 11.Crimes in progress 12.Responding to an in-progress call (b)All self-initiated activity in which an officer would normally notify the Communications Center (c)Any call for service involving a crime where the recorder may aid in the apprehension and/or prosecution of a suspect: 1.Domestic violence calls 2.Disturbance of peace calls San Luis Obispo Police Department San Luis Obispo PD CA Policy Manual Mobile Audio/Video Copyright Lexipol, LLC 2019/01/24, All Rights Reserved. Published with permission by San Luis Obispo Police Department Mobile Audio/Video - 334 3.Offenses involving violence or weapons (d)Any other contact that becomes adversarial after the initial contact in a situation that would not otherwise require recording (e)Any other circumstance where the officer believes that a recording of an incident would be appropriate 470.4.2 CESSATION OF RECORDING Once activated, the MAV system should remain on until the incident has concluded. For purposes of this section, conclusion of an incident has occurred when all arrests have been made, arrestees have been transported and all witnesses and victims have been interviewed. Recording may cease if an officer is simply waiting for a tow truck or a family member to arrive, or in other similar situations. Members shall cease audio recording whenever necessary to ensure conversations are not recorded between a person in custody and the person’s attorney, religious advisor or physician, unless there is explicit consent from all parties to the conversation (Penal Code § 636). 470.4.3 WHEN ACTIVATION IS NOT REQUIRED Activation of the MAV system is not required when exchanging information with other officers or during breaks, lunch periods, when not in service or actively on patrol. No member of this department may surreptitiously record a conversation of any other member of this department except with a court order or when lawfully authorized by the Chief of Police or the authorized designee for the purpose of conducting a criminal or administrative investigation. 470.4.4 SUPERVISOR RESPONSIBILITIES Supervisors should determine if vehicles with non-functioning MAV systems should be placed into service. If these vehicles are placed into service, the appropriate documentation should be made, including notification of the Communications Center. At reasonable intervals, supervisors should validate that: (a)Beginning of shift recording procedures are followed. (b)The operation of MAV systems by new employees is assessed and reviewed. When an incident arises that requires the immediate retrieval of the recorded media (e.g., serious crime scenes, officer-involved shootings, department-involved collisions), a supervisor shall respond to the scene and ensure that the appropriate supervisor, MAV technician or crime scene investigator properly retrieves the recorded media. The media may need to be treated as evidence and should be handled in accordance with current evidence procedures for recorded media. Supervisors may activate the MAV system remotely to monitor a developing situation, such as a chase, riot or an event that may threaten public safety, officer safety or both, when the purpose San Luis Obispo Police Department San Luis Obispo PD CA Policy Manual Mobile Audio/Video Copyright Lexipol, LLC 2019/01/24, All Rights Reserved. Published with permission by San Luis Obispo Police Department Mobile Audio/Video - 335 is to obtain tactical information to assist in managing the event. Supervisors shall not remotely activate the MAV system for the purpose of monitoring the conversations or actions of an officer. 470.5 REVIEW OF MAV RECORDINGS All recording media, recorded images and audio recordings are the property of the Department. Dissemination outside of the agency is strictly prohibited, except to the extent permitted or required by law. To prevent damage to, or alteration of, the original recorded media, it shall not be copied, viewed or otherwise inserted into any device not approved by the department MAV technician or forensic media staff. When reasonably possible, a copy of the original media shall be used for viewing (unless otherwise directed by the courts) to preserve the original media. Recordings may be reviewed in any of the following situations: (a)For use when preparing reports or statements (b)By a supervisor investigating a specific act of officer conduct (c)By a supervisor to assess officer performance (d)To assess proper functioning of MAV systems (e)By department investigators who are participating in an official investigation, such as a personnel complaint, administrative inquiry or a criminal investigation (f)By department personnel who request to review recordings (g)By an officer who is captured on or referenced in the video or audio data and reviews and uses such data for any purpose relating to his/her employment (h)By court personnel through proper process or with permission of the Chief of Police or the authorized designee (i)By the media through proper process or with permission of the Chief of Police or the authorized designee (j)To assess possible training value (k)Recordings may be shown for training purposes. If an involved officer objects to showing a recording, his/her objection will be submitted to the staff to determine if the training value outweighs the officer's objection Employees desiring to view any previously uploaded or archived MAV recording may have the ability to view their own recording. However, employees desiring to view other previously uploaded or archived MAV recording should submit a request in writing to the Watch Commander to view. Approved requests should be forwarded to the MAV technician for processing. In no event shall any recording be used or shown for the purpose of ridiculing or embarrassing any employee. San Luis Obispo Police Department San Luis Obispo PD CA Policy Manual Mobile Audio/Video Copyright Lexipol, LLC 2019/01/24, All Rights Reserved. Published with permission by San Luis Obispo Police Department Mobile Audio/Video - 336 470.6 DOCUMENTING MAV USE If any incident is recorded with either the video or audio system, the existence of that recording shall be documented in the officer's report. If a citation is issued, the officer shall make a notation on the back of the records copy of the citation, indicating that the incident was recorded. 470.7 RECORDING MEDIA STORAGE AND INTEGRITY Once submitted for storage, all recording media will be labeled and stored in a designated secure area. All recording media that is not booked as evidence will be retained for a minimum of one year after which time it will be erased, destroyed or recycled in accordance with the established records retention schedule (Government Code § 34090.6). 470.7.1 COPIES OF ORIGINAL RECORDING MEDIA Original recording media shall not be used for any purpose other than for initial review by a supervisor. Upon proper request, a copy of the original recording media will be made for use as authorized in this policy. Original recording media may only be released in response to a court order or upon approval by the Chief of Police or the authorized designee. In the event that an original recording is released to a court, a copy shall be made and placed in storage until the original is returned. 470.7.2 MAV RECORDINGS AS EVIDENCE Officers who reasonably believe that a MAV recording is likely to contain evidence relevant to a criminal offense, potential claim against the officer or against the San Luis Obispo Police Department should indicate this in an appropriate report. Officers should ensure relevant recordings are preserved. 470.8 SYSTEM OPERATIONAL STANDARDS (a)MAV system vehicle installations should be based on officer safety requirements and the vehicle and device manufacturer's recommendations. (b)The MAV system should be configured to minimally record for 30 seconds prior to an event. (c)The MAV system may not be configured to record audio data occurring prior to activation. (d)Unless the transmitters being used are designed for synchronized use, only one transmitter, usually the primary initiating officer's transmitter, should be activated at a scene to minimize interference or noise from other MAV transmitters. (e)Officers using digital transmitters that are synchronized to their individual MAV shall activate both audio and video recordings when responding in a support capacity. This is to obtain additional perspectives of the incident scene. (f)Officers shall not erase, alter, reuse, modify or tamper with MAV recordings. San Luis Obispo Police Department San Luis Obispo PD CA Policy Manual Mobile Audio/Video Copyright Lexipol, LLC 2019/01/24, All Rights Reserved. Published with permission by San Luis Obispo Police Department Mobile Audio/Video - 337 (g)To prevent damage, original recordings shall not be viewed on any equipment other than the equipment issued or authorized by the MAV technician. 470.9 MAV TECHNICIAN RESPONSIBILITIES The MAV technician is responsible for: (a)Ordering, issuing, retrieving, storing, erasing and duplicating of all recorded media. (b)Collecting all completed media for oversight and verification of wireless downloaded media. Once collected, the MAV technician: 1.Ensures it is stored in a secure location with authorized controlled access. 2.Makes the appropriate entries in the chain of custody log. (c)Erasing of media: 1.Pursuant to a court order. 2.In accordance with established records retention policies, including reissuing all other media deemed to be of no evidentiary value. (d)Assigning all media an identification number prior to issuance to the field: 1.Maintaining a record of issued media. (e)Ensuring that an adequate supply of recording media is available. (f)Managing the long-term storage of media that has been deemed to be of evidentiary value in accordance with the department evidence storage protocols and the records retention schedule. 470.10 TRAINING All members who are authorized to use the MAV system shall successfully complete an approved course of instruction prior to its use. Policy 472 San Luis Obispo Police Department San Luis Obispo PD CA Policy Manual Copyright Lexipol, LLC 2019/01/24, All Rights Reserved. Published with permission by San Luis Obispo Police Department Personal Video Recording Device - 338 Personal Video Recording Device 472.1 PURPOSE AND SCOPE With the approval of the Watch Commander the San Luis Obispo Police Department will allow personnel to use a Personal Video Recording Device. This device is designed to assist employees in the performance of their duties. This device is used to record certain activities by providing a visual and/or audio record. Video recordings are intended to provide an unbiased visual/audio record of the incident and to supplement the officer's report. 472.1.1 REQUIRED ACTIVATION OF PERSONAL VIDEO RECORDING DEVICE This policy is not designed to describe every possible situation where the system may be used however there are many situations where the use of the Personal Video Recorder is appropriate. In addition officers may activate the system any time he/she believes its use would be appropriate and/or valuable to document an incident. In some circumstances it is not possible to capture images of the incident due to conditions or location of the camera. However, the audio portion can be valuable evidence and is subject to the same activation requirements. a. All field contacts involving actual or potential criminal conduct, which includes: 1. Suspicious vehicles 2. Arrests 3. DUI investigations b. Any other contact that becomes adversarial after the initial contact in a situation that would otherwise require recording. c. Any other circumstances where the officer believes that a recording of an incident would be appropriate 472.1.2 REVIEW OF RECORDINGS Recordings may be reviewed in any of the following situations: (a)By a supervisor investigating an allegation of officer misconduct. (b)By a department supervisor (after approval of the Chief of Police) who is participating in an official investigation, such as a personnel complaint, administrative inquiry or a criminal investigation. (c)By a supervisor with the consent of the officers in the recording. (d)By department personnel who request to review their own recordings. (e)By court personnel through proper process or with permission of the Chief of Police or his/her designee. (f)By media personnel with permission of the Chief of Police or his/her designee. San Luis Obispo Police Department San Luis Obispo PD CA Policy Manual Personal Video Recording Device Copyright Lexipol, LLC 2019/01/24, All Rights Reserved. Published with permission by San Luis Obispo Police Department Personal Video Recording Device - 339 Recordings may be shown for the purposes of training value. If an involved officer objects to the showing of recording, his/her objection will be submitted to the Chief of Police to determine if the training value outweighs the officer's objection for not showing the recording. Employees desiring to view their own recording can access and view the recording from any designated department computer. In no event shall any recording be used or shown for the purpose of ridicule or embarrassing any employee. 472.1.3 DOCUMENTING USE Any incident that was recorded with either the video or audio system shall be documented in the officer's report. If a citation was issued, a notation shall be placed on the back of the records copy of the citation that the incident was recorded. 472.1.4 COPIES OF VIDEO RECORDING Original video recording media shall not be used for any purpose other than for initial review by a supervisor. A copy of the original video recording will be made upon proper request for any person authorized in Policy Manual § 446.4. Original video recording media may only be released in response to a valid court order or upon approval by the Chief of Police or his/her designee. Policy 474 San Luis Obispo Police Department San Luis Obispo PD CA Policy Manual Copyright Lexipol, LLC 2019/01/24, All Rights Reserved. Published with permission by San Luis Obispo Police Department Mobile Digital Computer Use - 340 Mobile Digital Computer Use 474.1 PURPOSE AND SCOPE The purpose of this policy is to establish guidelines for the proper access, use and application of the Mobile Digital Computer (MDC) system in order to ensure appropriate access to confidential records from local, state and national law enforcement databases, and to ensure effective electronic communications between department members and the Communications Center. 474.2 POLICY San Luis Obispo Police Department members using the MDC shall comply with all appropriate federal and state rules and regulations and shall use the MDC in a professional manner, in accordance with this policy. 474.3 PRIVACY EXPECTATION Members forfeit any expectation of privacy with regard to messages accessed, transmitted, received or reviewed on any department technology system (see the Information Technology Use Policy for additional guidance). 474.4 RESTRICTED ACCESS AND USE MDC use is subject to the Information Technology Use and Protected Information policies. Members shall not access the MDC system if they have not received prior authorization and the required training. Members shall immediately report unauthorized access or use of the MDC by another member to their supervisors or Watch Commanders. Use of the MDC system to access law enforcement databases or transmit messages is restricted to official activities, business-related tasks and communications that are directly related to the business, administration or practices of the Department. In the event that a member has questions about sending a particular message or accessing a particular database, the member should seek prior approval from his/her supervisor. Sending derogatory, defamatory, obscene, disrespectful, sexually suggestive, harassing or any other inappropriate messages on the MDC system is prohibited and may result in discipline. It is a violation of this policy to transmit a message or access a law enforcement database under another member’s name or to use the password of another member to log in to the MDC system unless directed to do so by a supervisor. Members are required to log off the MDC or secure the MDC when it is unattended. This added security measure will minimize the potential for unauthorized access or misuse. 474.4.1 USE WHILE DRIVING Use of the MDC by the vehicle operator should be limited to times when the vehicle is stopped. Information that is required for immediate enforcement, investigative, tactical or safety needs should be transmitted over the radio. San Luis Obispo Police Department San Luis Obispo PD CA Policy Manual Mobile Digital Computer Use Copyright Lexipol, LLC 2019/01/24, All Rights Reserved. Published with permission by San Luis Obispo Police Department Mobile Digital Computer Use - 341 Short transmissions, such as a license plate check, are permitted if it reasonably appears that it can be done safely. In no case shall an operator attempt to send or review lengthy messages while the vehicle is in motion. 474.5 EQUIPMENT CONSIDERATIONS 474.5.1 MALFUNCTIONING MDC Whenever possible, members will not use vehicles with malfunctioning MDCs. Whenever members must drive a vehicle in which the MDC is not working, they shall notify the Communications Center. It shall be the responsibility of the dispatcher to document all information that will then be transmitted verbally over the police radio. 474.5.2 BOMB CALLS When investigating reports of possible bombs, members should not communicate on their MDCs when in the evacuation area of a suspected explosive device. Radio frequency emitted by the MDC could cause some devices to detonate. Policy 476 San Luis Obispo Police Department San Luis Obispo PD CA Policy Manual Copyright Lexipol, LLC 2019/01/24, All Rights Reserved. Published with permission by San Luis Obispo Police Department Automatic Vehicle Locating System - 342 Automatic Vehicle Locating System 476.1 PURPOSE AND SCOPE The purpose of this policy is to establish guidelines and procedures for the implementation and use of the Automatic Vehicle Locating System (AVL) and its applications. The system is designed to increase officer safety by providing the ability to locate personnel who have lost contact with dispatch or other officers. AVL applications (such as mapping) are intended to enhance coordination and resource management during routine calls for service, emergency responses and tactical situations. 476.2 POLICY The Automatic Vehicle Location System will be installed and functioning in all patrol vehicles equipped with a Mobile Data Computer (MDC). The user will power "on" the MDC and enter into Spillman Mobile in order to activate the Global Positioning System (GPS) and initiate the AVL system. Once a unit and vehicle is in-service, the system should remain on. Personnel shall not tamper with the power supply, or in any way attempt to disable the AVL unit or alter its function. 476.2.1 NON-FUNCTIONING AVL SYSTEMS Whenever possible, officers will not use units with malfunctioning AVL systems. Whenever officers must drive a unit in which the AVL is not working, they shall notify the on-duty supervisor for approval and notify communications of the inoperable AVL system. 476.3 ACCESS The system includes a mapping capability to enable the viewing of maps showing the location of other units on MDC screens in the patrol vehicles. The systems will be configured to allow all units to "see" each other and will track all users. Dispatch will have the ability to monitor the current location of all vehicles. The AVL system has the ability to keep a historical record of the location of all equipped vehicles. Supervisors and above, as well as administrators of the system, will have the authority or the ability to access historical data. Historical data shall be maintained for no longer than two years but may be kept for shorter period of times due to storage needs. Historical data may be kept for longer periods of time at the discretion of the Chief. It is not the intent of the department to review AVL history on a regular basis, however, the information may be audited for quality control or examined to assist with investigative needs or internal inquiries. Access to historical data by others not listed above shall require authorization by the Division Commander of the individual or vehicle being researched. 476.4 EMPLOYEE RESPONSIBILITIES The AVL system operates on a cell phone system. As such, technical issues could occasionally affect its ability to function as intended. Personnel are required to update their status via radio or MDC. It will be particularly important for officers to continue the current practice of radio San Luis Obispo Police Department San Luis Obispo PD CA Policy Manual Automatic Vehicle Locating System Copyright Lexipol, LLC 2019/01/24, All Rights Reserved. Published with permission by San Luis Obispo Police Department Automatic Vehicle Locating System - 343 notifications to dispatch during emergency operations. Dispatch will continue to assign calls pursuant to their operational policy. 476.4.1 USE WHILE DRIVING Use of the AVL and its applications will provide assistance to on duty personnel as they are on routine patrol and responding to calls for service. It is recognized that personnel may need to view AVL applications while a vehicle is in motion. Safety to police personnel and the public is paramount and the user must balance its most practical use whether the vehicle is in a moving or stationary position. Policy 478 San Luis Obispo Police Department San Luis Obispo PD CA Policy Manual Copyright Lexipol, LLC 2019/01/24, All Rights Reserved. Published with permission by San Luis Obispo Police Department Portable Audio/Video Recorders - 344 Portable Audio/Video Recorders 478.1 PURPOSE AND SCOPE This policy provides guidelines for the use of portable audio/video recording devices by uniformed members of this department while in the performance of their duties. Portable audio/video recording devices include all recording systems whether body-worn, hand held or integrated into portable equipment. The San Luis Obispo Police Department recognizes that video recording of contacts between Department personnel and the public provides a record of these events and that the use of a recording system complements field personnel in the performance of their duties by providing a video record of enforcement and investigative field contact which can enhance criminal prosecutions and limit civil liability. A video recording of an event or contact enables the delivery of timely, relevant, and appropriate training to maximize safety for San Luis Obispo Police Department personnel and improve the delivery of Police Services to the community. While recordings obtained from video recorders provide an objective record of the events, it is understood that video recordings do not necessarily reflect the experience or state of mind of the individual member(s) in a given incident. Moreover, the recordings, especially video, have limitations and may depict events differently than the events recalled by the involved member. Specifically, it is understood that the recording device will capture information that may not have been heard and/or observed by the involved member and that the involved member may see and hear information that may not be captured on video. This policy does not apply to lawful surreptitious audio/video recording, interception of communications for authorized investigative purposes or to mobile (in-car) audio/video recordings (see the Investigation and Prosecution and Mobile Audio/Video policies). 478.2 POLICY The San Luis Obispo Police Department may provide members with access to portable recorders, either audio or video or both, for use during the performance of their duties. The use of recorders is intended to enhance the mission of the Department by capturing contacts between members of the Department and the public. 478.3 MEMBER PRIVACY EXPECTATION All recordings made by members acting in their official capacity shall remain the property of the Department regardless of whether those recordings were made with department-issued or personally owned recorders. Members shall have no expectation of privacy or ownership interest in the content of these recordings. 478.4 MEMBER RESPONSIBILITIES Prior to going into service, each uniformed member will be responsible for making sure that he/ she is equipped with a portable recorder issued by the Department, and that the recorder is in San Luis Obispo Police Department San Luis Obispo PD CA Policy Manual Portable Audio/Video Recorders Copyright Lexipol, LLC 2019/01/24, All Rights Reserved. Published with permission by San Luis Obispo Police Department Portable Audio/Video Recorders - 345 good working order. If the recorder is not in working order or malfunctions at any time, the member shall promptly report the failure to his/her supervisor and obtain a functioning device as soon as practicable. Uniformed members should wear the recorder in a conspicuous manner or otherwise notify persons that they are being recorded, whenever possible. Any member working in a non-uniformed capacity may carry an approved portable recorder at any time the member believes that such a device may be useful. Examples include conducting a lawful recording in an authorized undercover or other plain clothes assignment where surreptitious recording may be of value to an investigation. When using a portable recorder, the assigned member shall record his/her name, Department acronym: identification number and the current date and time at the beginning and the end of the shift or other period of use, regardless of whether any activity was recorded. This procedure is not required when the recording device and related software captures the user’s unique identification and the date and time of each recording. LED indicators on the portable recorder shall not be turned off at any time in order to serve as a visual indicator to other members and the public as to the recording and power status of the camera. The portable recorder may be temporarily placed into "covert" mode, turning off the lights and audio, in situations where the illumination from the LED lighting would compromise member safety. This provision shall not be interpreted to include all hours of darkness, but rather those situations where the member has an articulable need for a covert approach and/or surveillance. Non-uniformed members may turn off the LED lighting when wearing the portable recorder in an inconspicuous location. Members may turn the audio tones and vibration on or off as they desire. Members shall document the existence of a recording in any report or other official record of the contact, including any instance where the recorder malfunctioned or the member deactivated the recording. Members will include the reason for deactivation. At the end of the shift, Officers shall place the department issued portable audio/video recorder in the cradle for charging and video upload. No member shall use a Departmental portable recorder in the performance of his or her duties until they have received Departmental training on the use of the recorder. 478.5 ACTIVATION OF THE PORTABLE RECORDER This Policy is not intended to describe every possible situation in which the portable recorder should be used, although there are many situations where its use is appropriate. Members will make every reasonable effort to activate their portable recorder prior to initiating any investigative or enforcement activity involving members of the public, including all: (a)•Vehicle stops •Pedestrian stops (including officer initiated consensual encounters) •All investigative and enforcement related calls for service requiring public contact San Luis Obispo Police Department San Luis Obispo PD CA Policy Manual Portable Audio/Video Recorders Copyright Lexipol, LLC 2019/01/24, All Rights Reserved. Published with permission by San Luis Obispo Police Department Portable Audio/Video Recorders - 346 •Code 3 responses (including vehicle pursuits) regardless of whether the vehicle is equipped with In-Car video equipment •Foot pursuits •Searches •Uses of Force •Witness, Victim and Suspect Interviews (except as specified below) to include Miranda warnings and/or admonishments •Crowd management and control involving enforcement or investigative contacts •Self-initiated activity in which a member would normally notify the Communications Center •Any other contact that becomes adversarial after the initial contact in a situation that would not otherwise require recording •Other investigative or enforcement activities where, in the officer’s judgement, a recording would assist in the investigation or prosecution of a crime or when a recording of an encounter would assist in documenting the incident for later investigation or review (b)Members will remain sensitive to the dignity of all individuals being recorded and exercise sound discretion to respect privacy by discontinuing recording whenever it reasonably appears to the member that such privacy may outweigh any legitimate law enforcement interest in recording. Requests by members of the public to stop recording should be considered using these same criteria. Recording should resume when privacy is no longer an issue unless the circumstances no longer fit the criteria for recording. Officers should be aware of certain circumstances when operating the portable audio/video recorder may not be appropriate, such as: 1.Members should generally not record victims or suspects in hospital or emergency room settings. In the event a member elects to make a recording, whether audio or video under this section, the member shall take all reasonable steps in consideration of the HIPPA rights of patients and the privacy of hospital staff. Members may video or audio record a suspect if the suspect’s conduct is violent or threatening to staff or to members; 2.Anytime a person's private health information is being discussed; 3.Ambulance responses to accidents and illnesses when victims are not involved in any criminal activity; 4.When the use of the portable audio/video recorder causes emotional distress to a victim of a crime, such as a rape victim; 5.In the event a crime witness or a member of the community wishes to report or discuss criminal activity anonymously; 6.Other examples as covered in training. (c)Officers should record interviews with crime victims, unless otherwise requested by the victim. Upon request by the victim, officers have the discretion not to record the San Luis Obispo Police Department San Luis Obispo PD CA Policy Manual Portable Audio/Video Recorders Copyright Lexipol, LLC 2019/01/24, All Rights Reserved. Published with permission by San Luis Obispo Police Department Portable Audio/Video Recorders - 347 interview. Officers may offer to avert the camera to only capture audio during the interview when doing so would facilitate obtaining the victims recorded statement. 1.Domestic Violence Victims: Officers should record interviews of domestic violence victims to facilitate future prosecution and to discourage recanting of statements. Officers should also record interviews with children who witness domestic violence to gain corroborating evidence when the child is willing. 2.Child Abuse and Sexual Assault Victims: Officers should use discretion when choosing to record interviews of victims, witnesses or parents of child abuse or sexual assault during field investigations, balancing the evidentiary value of these initial statements with the privacy concerns of these individuals. (d)In cases where a victim or witness requests they not be recorded, and the officer agrees not to record, officers shall record the request. If the recording has already started, he/she shall record the explanation for turning the recorder off prior to doing so. (e)Officers should be aware of other privacy issues relating to a person's place of residence and/or other area where there could be an expectation of privacy. 1.Upon initial contact with persons at a private residence, officers should make a reasonable attempt to notify them that the audio/video recorder is present before entering the residence unless the officer enters the residence because of a warrant or exigent circumstances. 2.If a private person objects to the use of the audio/video recorder inside a private residence, the officer may turn off the recorder in accordance with this policy. (f)Officers are not required to obtain consent from a private person when: (a)In a public place; (b)In a location where there is no reasonable expectation of privacy (e.g.: inside a building or dwelling where the officer is lawfully present and engages in the performance of official duties). (g)Officers are encouraged to advise private persons they are recording if the advisement may gain compliance, assist in the investigation, and does not interfere with the investigation or officer safety. (h)If the portable audio/video recorder is in use during an enforcement situation and it becomes necessary to discuss issues or concerns with another officer or supervisor in private, the portable audio/video recorder may be turned off or muted. The intention and the reason to stop or mute the recording will be noted verbally before the portable audio/video recorder is deactivated or muted. When the private conversation has ended, the portable audio/video recorder will be reactivated or unmuted for the duration of the contact. At no time is a member expected to jeopardize his/her safety in order to activate a portable audio/ video recorder or change the recording media. However, the recorder should be activated in situations described above as soon as practical. San Luis Obispo Police Department San Luis Obispo PD CA Policy Manual Portable Audio/Video Recorders Copyright Lexipol, LLC 2019/01/24, All Rights Reserved. Published with permission by San Luis Obispo Police Department Portable Audio/Video Recorders - 348 478.6 SURREPTITIOUS USE OF THE PORTABLE RECORDER Members of the Department may surreptitiously record any conversation during the course of a criminal investigation in which the member reasonably believes it is lawful and beneficial to the investigation (Penal Code § 633). Any sworn member contacting an individual suspected of violating any law or during the course of any law enforcement related activity shall be presumed to be engaged in a criminal investigation. This presumption shall not apply to contacts with other sworn members conducted solely for administrative purposes. Members shall not surreptitiously record another department member without a court order unless lawfully authorized by the Chief of Police or the authorized designee. 478.7 CESSATION OF RECORDING Once activated, the member will make every reasonable effort to ensure the portable recorder remains on continuously until the member’s direct participation in the incident is complete or the situation no longer fits the criteria for activation. Recording may be stopped during significant periods of inactivity such as report writing or other breaks from direct participation in the incident. An officer shall have the latitude to terminate recording when there is no likelihood of force being used or anything else of evidentiary value occurring. It shall be deemed a violation of this policy for an officer to fail to activate the device or intentionally terminate a recording in order to commit a violation of law or department policy. Members should use care when recording pre-planned tactical operations or discussions to avoid unnecessary public disclosure of current law enforcement tactics. If a member is unable or fails to activate their recording device upon initiating an enforcement or investigative contact, fails to record the entire contact, or interrupts the recording for any reason, the officer shall set forth the reasons why the recording was not made, was delayed, was interrupted, or was terminated in their official report. Depending on the nature of the contact consideration should be made to notify a supervisor to determine if further action needs to be taken. 478.8 EXPLOSIVE DEVICE Many portable recorders, including body-worn cameras and audio/video transmitters, emit radio waves that could trigger an explosive device. Therefore, these devices should not be used where an explosive device may be present. 478.9 PROHIBITED USE OF PORTABLE RECORDERS Members are prohibited from using department-issued portable audio/video recorders and recording media for personal use and are prohibited from making personal copies of recordings created while on-duty or while acting in their official capacity. San Luis Obispo Police Department San Luis Obispo PD CA Policy Manual Portable Audio/Video Recorders Copyright Lexipol, LLC 2019/01/24, All Rights Reserved. Published with permission by San Luis Obispo Police Department Portable Audio/Video Recorders - 349 Members are also prohibited from retaining recordings of activities or information obtained while on-duty, whether the recording was created with department-issued or personally owned recorders. All recordings are the property of the San Luis Obispo Police Department. Unauthorized use, duplication, editing, and/or distribution of any recording is prohibited. All recordings shall be retained in the designated and authorized electronic storage location. Any member who uses a personally owned recorder for department-related activities shall comply with the provisions of this policy, including retention and release requirements. Recordings shall not be used by any member for the purpose of embarrassment, intimidation, or ridicule. Personnel shall not delete any camera file or remove, dismantle or tamper with any hardware/software component or part of the camera or associated equipment. 478.10 DOCUMENTATION OF RECORDINGS Recordings captured by the portable audio/video recorders shall be uploaded to the video evidence server. Each recording will be individually identified by category and case number when applicable. The use of the portable audio/video recorder will be documented in the Body Worn Camera heading and in the evidence section of the report when appropriate. Portable audio/video recordings are considered evidentiary when they capture suspect, witness and victim statements directly related to an arrest, or those that contain suspect information and/or actions. Statements made by victims and witnesses that do not directly relate to suspect description or actions are not considered evidence and should not be booked; these recordings will be retained per the retention policy. 478.11 RETENTION OF RECORDINGS Any time a member records any portion of a contact that the member reasonably believes constitutes evidence in a criminal case, the member shall record the related case number and transfer the file in accordance with current procedure for storing digital files and document the existence of the recording in the related case report. Transfers should occur at the end of the member’s shift, or any time the storage capacity is nearing its limit. Any time a member reasonably believes a recorded contact may be beneficial in a non-criminal matter (e.g., a hostile contact), the member will promptly notify a supervisor of the existence of the recording. The existence of the recording will be documented and retained as directed by the supervisor depending on the nature of the contact. The supervisor will notify their chain of command as necessary. All recordings shall be retained for a period consistent with the requirements of the organization’s records retention schedule but in no event for a period no less than 1 year and seven days. Test recordings will be held for a period of no less than 90 days per the retention policy. San Luis Obispo Police Department San Luis Obispo PD CA Policy Manual Portable Audio/Video Recorders Copyright Lexipol, LLC 2019/01/24, All Rights Reserved. Published with permission by San Luis Obispo Police Department Portable Audio/Video Recorders - 350 478.12 RELEASE OF RECORDINGS Recordings made using portable recording devices pursuant to this policy are department records and may only be released as provided in the Release of Records and Information Policy, California State Law or for other authorized legitimate department business purposes. 478.13 REVIEW OF RECORDINGS When preparing written reports, members can review their own recordings as a resource. However, members shall not retain personal copies of recordings. Members shall not use the fact that a recording was made as a reason to write a less detailed report. If a member is suspected of a criminal act the department reserves the right to limit or restrict a member from viewing or listening to a video/audio. With the exception as stated above, members who are involved in a critical incident (i.e. officer involved shooting, serious use of force, etc.) shall be allowed to review their own recordings of the incident prior to giving a voluntary or compelled statement. Under no circumstances will such a delay be longer than 48 hours after the incident in the event of a compelled statement. The San Luis Obispo Police Department acknowledges that recordings taken during critical incidents from video recorders do not necessarily reflect the full extent of the nature of the event or the experience, training, analysis, threat assessment or state of mind of the individual officers in a given incident. The images captured by the portable audio/video recorders have limitations and may depict events differently than the events recalled by the involved officer. The device may capture images and sounds not heard or perceived by the officer. In addition, the officer may obtain information and sensory input not captured by the camera. (a)Officers involved in critical incidents shall notify the responding supervisor of any related recordings. If the critical incident is captured by recording and immediate retrieval of a recording is required, a supervisor shall secure all involved recording devices as soon as possible and maintain chain of custody. That supervisor shall coordinate the download, minimizing the chain of custody exposure. (b)Officers, either as a subject or a witness, who are involved in a critical incident, significant use of force, or traffic collision causing injuries will be permitted to review their incident videos prior to giving a statement or writing a report. In these cases the officer will be provided with the following admonishment: o "In this case, there is video evidence that you will have an opportunity to view before you have given your initial statement. Video evidence has limitations and may depict the events differently than you recall, and may not capture events normally seen by the human eye. The 'frame rate' of the video may limit the camera's ability to capture movements normally seen by the human eye. Lighting as seen on the video may be different than what is seen by the human eye. Videos are two-dimensional medium that may not capture depth, distance or positional orientation as well as the human eye. Remember, the video evidence is intended to assist your memory and ensure that your initial statement explains your state of mind at the time of the incident." San Luis Obispo Police Department San Luis Obispo PD CA Policy Manual Portable Audio/Video Recorders Copyright Lexipol, LLC 2019/01/24, All Rights Reserved. Published with permission by San Luis Obispo Police Department Portable Audio/Video Recorders - 351 In the event that the recording of a member involved in a critical incident is damaged, destroyed, of poor quality or in the event the other members’ recordings offer a better perspective of the critical incident than that of the subject member(s), members may be allowed to review the recordings of other members involved in said critical incident prior to giving a voluntary or compelled statement. In such rare instances, at the discretion of the Chief of Police, members may be allowed to view another member’s recording if the other member was in the immediate proximity of the subject member and their recording offered the same scene orientation and perspective of the incident. Supervisors are authorized to review relevant recordings any time they are investigating alleged misconduct or reports of meritorious conduct or whenever such recordings would be beneficial in reviewing the member’s performance. Recorded files may also be reviewed: (a)Upon approval by a supervisor, by any member of the Department who is conducting an official investigation, such as a personnel complaint, administrative investigation or criminal investigation. (b)Pursuant to lawful process or by court personnel who are otherwise authorized to review evidence in a related case. (c)With permission of the Chief of Police or the authorized designee for legitimate law enforcement purposes. (d)In compliance with a public records request, if permitted, and in accordance with the Records Release and Security Policy. (e)By training personnel to support new member and/or existing member training. Any video used for official training purposes requires the approval of the Chief of Police or authorized designee. In no event will video recordings be used for training if it would result in ridicule or embarrassment of the officer. The only exception to the previous is when required by a formal investigation or legal proceeding. In the event that video is intended to be used as training material, the involved officer(s) will be consulted. If the officer objects to the use of the video, the officer must do so by memo to the Chief of Police. The Chief of Police shall review the video, consider the officer's objection, and make the final determination of whether the training value of the video outweighs the officer reasons to object. (f)Supervisors intending to use portable audio/video recordings as part of informal briefings or critiques shall first consult with the involved officer(s). In the event that an officer objects, the video shall not be used. (g)Used in Administrative Citation hearings to be viewed by the Hearing Officer and the Defendant. If the citation is upheld and the Defendant appeals the ruling, they may request a copy of the video through the Neighborhood Services Coordinator. (h)Authorized personnel, as designated by the Chief of Police, will conduct regular and random audits of stored audio and video files to ensure the integrity of the storage system, enhance quality control of the products, and evaluate compliance with department policies and procedures. When reviewing recordings, the use of San Luis Obispo Police Department San Luis Obispo PD CA Policy Manual Portable Audio/Video Recorders Copyright Lexipol, LLC 2019/01/24, All Rights Reserved. Published with permission by San Luis Obispo Police Department Portable Audio/Video Recorders - 352 profanity by officers will be considered within the overall context of the incident, as well as accepted training and practices. Officers remain prohibited from engaging in discourteous, disrespectful or discriminatory treatment of the public. (Regular audits will consist of a Supervisor comparing the times of recordings against an Officers call log for that shift. There is no expectation that the Supervisor will watch each video during these audits, but merely check for the presence of a video to ensure Officers are activating their portable audio/video recorders as required by policy.) All recordings should be reviewed by authorized Department personnel prior to public release (see the Records Release and Security Policy). Recordings that unreasonably violate a person’s privacy or sense of dignity should not be publicly released unless disclosure is required by law or order of the court. 478.14 REQUEST OF DELETION OF ACCIDENTAL RECORDED MEDIA FILES In the event of an accidental or sensitive personal recording using a portable audio/video recorder, where the resulting footage is of no evidentiary value, the recording employee can request the file be deleted by submitting an email with a detailed reason for the request to the Administrative Captain. If the request is denied the employee can appeal to the Chief of Police. A decision on deletion requests will be made in 7 calendar days from the request. 478.15 PROGRAM REVIEW The Operations Captain or their designee will review and evaluate the Body Worn Camera program yearly to ensure standards and legal compliance continue to be met. Minor infractions of this policy should be used as training opportunities rather than means to take disciplinary action. Repeated infractions of a similar nature can be used as justification for disciplinary action. Policy 481 San Luis Obispo Police Department San Luis Obispo PD CA Policy Manual Copyright Lexipol, LLC 2019/01/24, All Rights Reserved. Published with permission by San Luis Obispo Police Department Medical Marijuana - 353 Medical Marijuana 481.1 PURPOSE AND SCOPE The purpose of this policy is to provide members of this department with guidelines for investigating the acquisition, possession, transportation, delivery, production or use of marijuana under California’s medical marijuana laws. 481.1.1 DEFINITIONS Definitions related to this policy include: Cardholder - A person issued a current identification card. Compassionate Use Act (CUA) (Health and Safety Code § 11362.5) - California law intended to provide protection from prosecution to those who are seriously ill and whose health would benefit from the use of marijuana in the treatment of illness for which marijuana provides relief. The CUA does not grant immunity from arrest but rather provides an affirmative defense from prosecution for possession of medical marijuana. Identification card - A valid document issued by the California Department of Public Health to both persons authorized to engage in the medical use of marijuana and also to designated primary caregivers. Medical marijuana - Marijuana possessed by a patient or primary caregiver for legitimate medical purposes. Medical Marijuana Program (MMP) (Health and Safety Code § 11362.7 et seq.) - California laws passed following the CUA to facilitate the prompt identification of patients and their designated primary caregivers in order to avoid unnecessary arrests and provide needed guidance to law enforcement officers. MMP prohibits arrest for possession of medical marijuana in certain circumstances and provides a defense in others. Patient - A person who is entitled to the protections of the CUA because he/she has received a written or oral recommendation or approval from a physician to use marijuana for medical purposes or any person issued a valid identification card. Primary caregiver - A person designated by the patient, who has consistently assumed responsibility for the patient’s housing, health or safety, who may assist the patient with the medical use of marijuana under the CUA or the MMP (Health and Safety Code § 11362.5; Health and Safety Code § 11362.7). Statutory amount - No more than 8 ounces of dried, mature, processed female marijuana flowers (“bud”) or the plant conversion (e.g., kief, hash, hash oil), and no more than six mature or 12 immature marijuana plants (roots, stems and stem fibers should not be considered) (Health and Safety Code § 11362.77). San Luis Obispo Police Department San Luis Obispo PD CA Policy Manual Medical Marijuana Copyright Lexipol, LLC 2019/01/24, All Rights Reserved. Published with permission by San Luis Obispo Police Department Medical Marijuana - 354 481.2 POLICY It is the policy of the San Luis Obispo Police Department to prioritize resources to forgo making arrests related to marijuana that the arresting officer reasonably believes would not be prosecuted by state or federal authorities. California’s medical marijuana laws are intended to provide protection to those who are seriously ill and whose health would benefit from the use of medical marijuana. However, California medical marijuana laws do not affect federal laws and there is no medical exception under federal law for the possession or distribution of marijuana. The San Luis Obispo Police Department will exercise discretion to ensure laws are appropriately enforced without unreasonably burdening both those individuals protected under California law and public resources. 481.3 INVESTIGATION Investigations involving the possession, delivery, production or use of marijuana generally fall into one of several categories: (a)Investigations when no person makes a medicinal claim. (b)Investigations when a medicinal claim is made by a cardholder. (c)Investigations when a medicinal claim is made by a non-cardholder. 481.3.1 INVESTIGATIONS WITH NO MEDICINAL CLAIM In any investigation involving the possession, delivery, production or use of marijuana or drug paraphernalia where no person claims that the marijuana is used for medicinal purposes, the officer should proceed with a criminal investigation if the amount is greater than permitted for personal use under the Control, Regulate and Tax Adult Use of Marijuana Act (Health and Safety Code § 11362.1; Health and Safety Code § 11362.2). A medicinal defense may be raised at any time, so officers should document any statements and observations that may be relevant to whether the marijuana was possessed or produced for medicinal purposes. 481.3.2 INVESTIGATIONS INVOLVING A MEDICINAL CLAIM MADE BY A CARDHOLDER A cardholder or designated primary caregiver in possession of an identification card shall not be arrested for possession, transportation, delivery or cultivation of medical marijuana at or below the statutory amount unless there is probable cause to believe that (Health and Safety Code § 11362.71; Health and Safety Code § 11362.78): (a)The information contained in the card is false or falsified. (b)The card has been obtained or used by means of fraud. (c)The person is otherwise in violation of the provisions of the MMP. (d)The person possesses marijuana but not for personal medical purposes. San Luis Obispo Police Department San Luis Obispo PD CA Policy Manual Medical Marijuana Copyright Lexipol, LLC 2019/01/24, All Rights Reserved. Published with permission by San Luis Obispo Police Department Medical Marijuana - 355 Officers who reasonably believe that a person who does not have an identification card in his/her possession has been issued an identification card may treat the investigation as if the person had the card in his/her possession. Cardholders may possess, transport, deliver or cultivate medical marijuana in amounts above the statutory amount if their doctor has concluded that the statutory amount does not meet the patient’s medical needs (Health and Safety Code § 11362.71; Health and Safety Code § 11362.77). Investigations involving cardholders with more than the statutory amount of marijuana should be addressed as provided in this policy for a case involving a medicinal claim made by a non-cardholder. 481.3.3 INVESTIGATIONS INVOLVING A MEDICINAL CLAIM MADE BY A NON- CARDHOLDER No patient or primary caregiver should be arrested for possession or cultivation of an amount of medical marijuana if the officer reasonably believes that marijuana is in a form and amount reasonably related to the qualified patient's current medical needs (Health and Safety Code § 11362.5). This arrest guidance also applies to sales, transportation or delivery of medical marijuana, or maintaining/renting a drug house or building that may be a nuisance if otherwise in compliance with MMP (Health and Safety Code § 11362.765). Officers are not obligated to accept a person’s claim of having a physician’s recommendation when the claim cannot be readily verified with the physician but are expected to use their judgment to assess the validity of the person’s medical-use claim. Officers should review any available written documentation for validity and whether it contains the recommending physician’s name, telephone number, address and medical license number for verification. Officers should generally accept verified recommendations by a physician that statutory amounts do not meet the patient’s needs (Health and Safety Code § 11362.77). 481.3.4 ADDITIONAL CONSIDERATIONS Officers should consider the following when investigating an incident involving marijuana possession, delivery, production or use: (a)Because enforcement of medical marijuana laws can be complex, time consuming and call for resources unavailable at the time of initial investigation, officers may consider submitting a report to the prosecutor for review, in lieu of making an arrest. This can be particularly appropriate when: 1.The suspect has been identified and can be easily located at a later time. 2.The case would benefit from review by a person with expertise in medical marijuana investigations. 3.Sufficient evidence, such as photographs or samples, has been lawfully obtained. San Luis Obispo Police Department San Luis Obispo PD CA Policy Manual Medical Marijuana Copyright Lexipol, LLC 2019/01/24, All Rights Reserved. Published with permission by San Luis Obispo Police Department Medical Marijuana - 356 4.Other relevant factors, such as available department resources and time constraints prohibit making an immediate arrest. (b)Whenever the initial investigation reveals an amount of marijuana greater than the statutory amount, officers should consider the following when determining whether the form and amount is reasonably related to the patient’s needs: 1.The amount of marijuana recommended by a medical professional to be ingested. 2.The quality of the marijuana. 3.The method of ingestion (e.g., smoking, eating, nebulizer). 4.The timing of the possession in relation to a harvest (patient may be storing marijuana). 5.Whether the marijuana is being cultivated indoors or outdoors, the climate, etc. (c)Before proceeding with enforcement related to collective gardens or dispensaries, officers should consider conferring with a supervisor, an applicable state regulatory agency or other member with special knowledge in this area and/or appropriate legal counsel (Business and Professions Code § 26010; Business and Professions Code § 26060). Licensing, zoning and other related issues can be complex. Patients, primary caregivers and cardholders who collectively or cooperatively cultivate marijuana for medical purposes are provided a defense under the MMP (Health & Safety Code § 11362.775; Business and Professions Code § 26032). (d)Investigating members should not order a patient to destroy marijuana plants under threat of arrest. 481.3.5 EXCEPTIONS This policy does not apply to, and officers should consider taking enforcement action for the following: (a)Persons who engage in illegal conduct that endangers others, such as driving under the influence of marijuana in violation of the Vehicle Code (Health and Safety Code § 11362.5). (b)Marijuana possession in jails or other correctional facilities that prohibit such possession (Health and Safety Code § 11362.785). (c)Smoking marijuana (Health and Safety Code § 11362.79): 1.In any place where smoking is prohibited by law. 2.In or within 1,000 feet of the grounds of a school, recreation center or youth center, unless the medical use occurs within a residence. 3.On a school bus. San Luis Obispo Police Department San Luis Obispo PD CA Policy Manual Medical Marijuana Copyright Lexipol, LLC 2019/01/24, All Rights Reserved. Published with permission by San Luis Obispo Police Department Medical Marijuana - 357 4.While in a motor vehicle that is being operated. 5.While operating a boat. (d)Use of marijuana by a person on probation or parole, or on bail and use is prohibited by the terms of release (Health and Safety Code § 11362.795). 481.3.6 INVESTIGATIONS INVOLVING A STATE LICENSEE No person issued a state license under the Business and Professions Code shall be arrested or cited for cultivation, possession, manufacture, processing, storing, laboratory testing, labeling, transporting, distribution or sale of medical cannabis or a medical cannabis product related to qualifying patients and primary caregivers when conducted lawfully. Whether conduct is lawful may involve questions of license classifications, local ordinances, specific requirements of the Business and Professions Code and adopted regulations. Officers should consider conferring with a supervisor, the applicable state agency or other member with special knowledge in this area and/ or appropriate legal counsel before taking enforcement action against a licensee or an employee or agent (Business and Professions Code § 19317; Business and Professions Code § 26032). 481.4 FEDERAL LAW ENFORCEMENT Officers should provide information regarding a marijuana investigation to federal law enforcement authorities when it is requested by federal law enforcement authorities or whenever the officer believes those authorities would have a particular interest in the information. 481.5 PROPERTY AND EVIDENCE SECTION SUPERVISOR RESPONSIBILITIES The Property and Evidence Section supervisor should ensure that marijuana, drug paraphernalia or other related property seized from a person engaged or assisting in the use of medical marijuana is not destroyed pending any charges and without a court order. The Property and Evidence Section supervisor is not responsible for caring for live marijuana plants. Upon the prosecutor’s decision to forgo prosecution, or the dismissal of charges or an acquittal, the Property and Evidence Section supervisor should, as soon as practicable, return to the person from whom it was seized any useable medical marijuana, plants, drug paraphernalia or other related property. The Property and Evidence Section supervisor may release marijuana to federal law enforcement authorities upon presentation of a valid court order or by a written order of the Detective Bureau supervisor. Policy 484 San Luis Obispo Police Department San Luis Obispo PD CA Policy Manual Copyright Lexipol, LLC 2019/01/24, All Rights Reserved. Published with permission by San Luis Obispo Police Department Downtown Unit - 358 Downtown Unit 484.1 PURPOSE AND SCOPE The Name of your jurisdiction: Police Department has established the Downtown Bicycle Patrol Unit (Downtown Team) for the purpose of enhancing patrol efforts in the community. Bicycle patrol has been shown to be an effective way to increase officer visibility in congested areas and their quiet operation can provide a tactical approach to crimes in progress. The purpose of this policy is to provide guidelines for the safe and effective operation of the patrol bicycle. 484.2 POLICY Patrol bicycles may be used for regular patrol duty, traffic enforcement, parking control, or special events. The use of the patrol bicycle will emphasize their mobility and visibility to the community. Bicycles may be deployed to any area at all hours of the day or night, according to Department needs and as staffing levels allow. Requests for specific deployment of bicycle patrol officers shall be coordinated through the Bicycle Patrol Unit supervisor or the Watch Commander. 484.3 SELECTION OF PERSONNEL The selection process will be in accordance with Department policy regarding Special Assignment Selection. 484.3.1 BICYCLE PATROL UNIT SUPERVISOR The Bicycle Patrol Unit supervisor will be selected from the rank of sergeant by the Operations Bureau Commander or his/her designee. The Bicycle Patrol Unit supervisor shall have responsibility for the following: (a)Organizing bicycle patrol training. (b)Inspecting and maintaining inventory of patrol bicycles and program equipment. (c)Scheduling maintenance and repairs. (d)Evaluating performance of bicycle officers. (e)Coordinating activities with the Operations Bureau. (f)Other activities as required to maintain the efficient operation of the Bicycle Patrol Unit. 484.4 TRAINING Participants in the program must complete an initial Department approved bicycle-training course after acceptance into the program. Thereafter bicycle patrol officers should receive twice yearly in-service training to improve skills and refresh safety, health and operational procedures. The initial training shall minimally include the following: •Bicycle patrol strategies. San Luis Obispo Police Department San Luis Obispo PD CA Policy Manual Downtown Unit Copyright Lexipol, LLC 2019/01/24, All Rights Reserved. Published with permission by San Luis Obispo Police Department Downtown Unit - 359 •Bicycle safety and accident prevention. •Operational tactics using bicycles. Bicycle patrol officers will be required to qualify with their duty firearm while wearing bicycle safety equipment including the helmet and riding gloves. 484.5 UNIFORMS AND EQUIPMENT Officers shall wear the department-approved uniform and safety equipment while operating the department bicycle. Safety equipment includes department-approved helmet, riding gloves, protective eyewear and approved footwear. The bicycle patrol unit uniform consists of the standard short-sleeve uniform shirt or other department-approved shirt with department badge and patches, and department-approved bicycle patrol pants or shorts. Optional equipment includes a radio head set and microphone, and jackets in colder weather. Turtleneck shirts or sweaters are permitted when worn under the uniform shirt. Bicycle patrol officers shall carry the same equipment on the bicycle patrol duty belt as they would on a regular patrol assignment. Officers will be responsible for obtaining the necessary forms, citation books and other department equipment needed while on bicycle patrol. 484.6 CARE AND USE OF PATROL BICYCLES Officers will be assigned a specially marked and equipped patrol bicycle, attached gear bag, two batteries and a charger. Bicycles utilized for uniformed bicycle patrol shall be primarily black or white in with a "POLICE" decal affixed to each side of the crossbar or the bike's saddlebag. Every such bicycle shall be equipped with front and rear reflectors front lights and a siren/horn satisfying the requirements of Vehicle Code §2800.1(b). Bicycles utilized for uniformed bicycle patrol shall be equipped with a rear rack and/or saddle bag(s) sufficient to carry all necessary equipment to handle routine patrol calls including report writing, vehicle storage and citations. Each bicycle may be equipped with a steady or flashing blue warning light that is visible from the front, sides, or rear of the bicycle. (Vehicle Code § 21201.3) Bicycle officers shall conduct an inspection of the bicycle and equipment prior to use to insure proper working order of the equipment. Officers are responsible for the routine care and maintenance of their assigned equipment (e.g., tire pressure, chain lubrication, overall cleaning). If a needed repair is beyond the ability of the bicycle officer, a repair work order will be completed and forwarded to the program supervisor for repair by an approved technician. San Luis Obispo Police Department San Luis Obispo PD CA Policy Manual Downtown Unit Copyright Lexipol, LLC 2019/01/24, All Rights Reserved. Published with permission by San Luis Obispo Police Department Downtown Unit - 360 Each bicycle will have scheduled maintenance twice yearly to be performed by a department approved repair shop/technician. At the end of a bicycle assignment, the bicycle shall be returned clean and ready for the next tour of duty. Officers shall not modify the patrol bicycle, remove, modify or add components except with the expressed approval of the bicycle supervisor, or in the event of an emergency. Vehicle bicycle racks are available should the officer need to transport the patrol bicycle. Due to possible component damage, transportation of the patrol bicycle in a trunk or on a patrol car push- bumper is discouraged. Bicycles shall be properly secured when not in the officer's immediate presence. 484.7 OFFICER RESPONSIBILITY Officers must operate the bicycle in compliance with the vehicle code under normal operation. Officers may operate the bicycle without lighting equipment during hours of darkness when such operation reasonably appears necessary for officer safety and tactical considerations. Officers must use caution and care when operating the bicycle without lighting equipment. Officers are exempt from the rules of the road under the following conditions (Vehicle Code § 21200(b)(1)): (a)In response to an emergency call. (b)While engaged in rescue operations. (c)In the immediate pursuit of an actual or suspected violator of the law. Policy 489 San Luis Obispo Police Department San Luis Obispo PD CA Policy Manual Copyright Lexipol, LLC 2019/01/24, All Rights Reserved. Published with permission by San Luis Obispo Police Department Foot Pursuits - 361 Foot Pursuits 489.1 PURPOSE AND SCOPE This policy provides guidelines to assist officers in making the decision to initiate or continue the pursuit of suspects on foot. 489.2 DECISION TO PURSUE The safety of department members and the public should be the primary consideration when determining whether a foot pursuit should be initiated or continued. Officers must be mindful that immediate apprehension of a suspect is rarely more important than the safety of the public and department members. Officers may be justified in initiating a foot pursuit of any individual the officer reasonably believes is about to engage in, is engaging in or has engaged in criminal activity. The decision to initiate or continue such a foot pursuit, however, must be continuously re-evaluated in light of the circumstances presented at the time. Mere flight by a person who is not suspected of criminal activity shall not serve as justification for engaging in an extended foot pursuit without the development of reasonable suspicion regarding the individual’s involvement in criminal activity or being wanted by law enforcement. Deciding to initiate or continue a foot pursuit is a decision that an officer must make quickly and under unpredictable and dynamic circumstances. It is recognized that foot pursuits may place department members and the public at significant risk. Therefore, no officer or supervisor shall be criticized or disciplined for deciding not to engage in a foot pursuit because of the perceived risk involved. If circumstances permit, surveillance and containment are generally the safest tactics for apprehending fleeing persons. In deciding whether to initiate or continue a foot pursuit, an officer should continuously consider reasonable alternatives to a foot pursuit based upon the circumstances and resources available, such as: (a)Containment of the area. (b)Saturation of the area with law enforcement personnel, including assistance from other agencies. (c)A canine search. (d)Thermal imaging or other sensing technology. (e)Air support. (f)Apprehension at another time when the identity of the suspect is known or there is information available that would likely allow for later apprehension, and the need to immediately apprehend the suspect does not reasonably appear to outweigh the risk of continuing the foot pursuit. San Luis Obispo Police Department San Luis Obispo PD CA Policy Manual Foot Pursuits Copyright Lexipol, LLC 2019/01/24, All Rights Reserved. Published with permission by San Luis Obispo Police Department Foot Pursuits - 362 489.3 GENERAL GUIDELINES When reasonably practicable, officers should consider alternatives to engaging in or continuing a foot pursuit when: (a)Directed by a supervisor to terminate the foot pursuit; such an order shall be considered mandatory (b)The officer is acting alone. (c)Two or more officers become separated, lose visual contact with one another, or obstacles separate them to the degree that they cannot immediately assist each other should a confrontation take place. In such circumstances, it is generally recommended that a single officer keep the suspect in sight from a safe distance and coordinate the containment effort. (d)The officer is unsure of his/her location and direction of travel. (e)The officer is pursuing multiple suspects and it is not reasonable to believe that the officer would be able to control the suspect should a confrontation occur. (f)The physical condition of the officer renders him/her incapable of controlling the suspect if apprehended. (g)The officer loses radio contact with the dispatcher or with assisting or backup officers. (h)The suspect enters a building, structure, confined space, isolated area or dense or difficult terrain, and there are insufficient officers to provide backup and containment. The primary officer should consider discontinuing the foot pursuit and coordinating containment pending the arrival of sufficient resources. (i)The officer becomes aware of unanticipated or unforeseen circumstances that unreasonably increase the risk to officers or the public. (j)The officer reasonably believes that the danger to the pursuing officers or public outweighs the objective of immediate apprehension. (k)The officer loses possession of his/her firearm or other essential equipment. (l)The officer or a third party is injured during the pursuit, requiring immediate assistance, and there are no other emergency personnel available to render assistance. (m)The suspect’s location is no longer definitely known. (n)The identity of the suspect is established or other information exists that will allow for the suspect’s apprehension at a later time, and it reasonably appears that there is no immediate threat to department members or the public if the suspect is not immediately apprehended. (o)The officer’s ability to safely continue the pursuit is impaired by inclement weather, darkness or other environmental conditions. San Luis Obispo Police Department San Luis Obispo PD CA Policy Manual Foot Pursuits Copyright Lexipol, LLC 2019/01/24, All Rights Reserved. Published with permission by San Luis Obispo Police Department Foot Pursuits - 363 489.4 RESPONSIBILITIES IN FOOT PURSUITS 489.4.1 INITIATING OFFICER RESPONSIBILITIES Unless relieved by another officer or a supervisor, the initiating officer shall be responsible for coordinating the progress of the pursuit. When acting alone and when practicable, the initiating officer should not attempt to overtake and confront the suspect but should attempt to keep the suspect in sight until sufficient officers are present to safely apprehend the suspect. Early communication of available information from the involved officers is essential so that adequate resources can be coordinated and deployed to bring a foot pursuit to a safe conclusion. Officers initiating a foot pursuit should, at a minimum, broadcast the following information as soon as it becomes practicable and available: (a)Location and direction of travel (b)Call sign identifier (c)Reason for the foot pursuit, such as the crime classification (d)Number of suspects and description, to include name if known (e)Whether the suspect is known or believed to be armed with a dangerous weapon Officers should be mindful that radio transmissions made while running may be difficult to understand and may need to be repeated. Absent extenuating circumstances, any officer unable to promptly and effectively broadcast this information should terminate the foot pursuit. If the foot pursuit is discontinued for any reason, immediate efforts for containment should be established and alternatives considered based upon the circumstances and available resources. When a foot pursuit terminates, the officer will notify the dispatcher of his/her location and the status of the pursuit termination (e.g., suspect in custody, lost sight of suspect), and will direct further actions as reasonably appear necessary, to include requesting medical aid as needed for officers, suspects or members of the public. 489.4.2 ASSISTING OFFICER RESPONSIBILITIES Whenever any officer announces that he/she is engaged in a foot pursuit, all other officers should minimize non-essential radio traffic to permit the involved officers maximum access to the radio frequency. 489.4.3 SUPERVISOR RESPONSIBILITIES Upon becoming aware of a foot pursuit, the supervisor shall make every reasonable effort to ascertain sufficient information to direct responding resources and to take command, control and coordination of the foot pursuit. The supervisor should respond to the area whenever possible; the supervisor does not, however, need not be physically present to exercise control over the foot pursuit. The supervisor shall continuously assess the situation in order to ensure the foot pursuit is conducted within established department guidelines. San Luis Obispo Police Department San Luis Obispo PD CA Policy Manual Foot Pursuits Copyright Lexipol, LLC 2019/01/24, All Rights Reserved. Published with permission by San Luis Obispo Police Department Foot Pursuits - 364 The supervisor shall terminate the foot pursuit when the danger to pursuing officers or the public appears to unreasonably outweigh the objective of immediate apprehension of the suspect. Upon apprehension of the suspect, the supervisor shall promptly proceed to the termination point to direct the post-foot pursuit activity. 489.4.4 THE COMMUNICATIONS CENTER RESPONSIBILITIES Upon notification or becoming aware that a foot pursuit is in progress, the dispatcher is responsible for: (a)Clearing the radio channel of non-emergency traffic. (b)Coordinating pursuit communications of the involved officers. (c)Broadcasting pursuit updates as well as other pertinent information as necessary. (d)Ensuring that a field supervisor is notified of the foot pursuit. (e)Notifying and coordinating with other involved or affected agencies as practicable. (f)Notifying the Watch Commander as soon as practicable. (g)Assigning an incident number and logging all pursuit activities. 489.5 REPORTING REQUIREMENTS The initiating officer shall complete appropriate crime/arrest reports documenting, at minimum: (a)Date and time of the foot pursuit. (b)Initial reason and circumstances surrounding the foot pursuit. (c)Course and approximate distance of the foot pursuit. (d)Alleged offenses. (e)Involved vehicles and officers. (f)Whether a suspect was apprehended as well as the means and methods used. 1.Any use of force shall be reported and documented in compliance with the Use of Force Policy. (g)Arrestee information, if applicable. (h)Any injuries and/or medical treatment. (i)Any property or equipment damage. (j)Name of the supervisor at the scene or who handled the incident. Assisting officers taking an active role in the apprehension of the suspect shall complete supplemental reports as necessary or as directed. The supervisor reviewing the report will make a preliminary determination that the pursuit appears to be in compliance with this policy or that additional review and/or follow-up is warranted. San Luis Obispo Police Department San Luis Obispo PD CA Policy Manual Foot Pursuits Copyright Lexipol, LLC 2019/01/24, All Rights Reserved. Published with permission by San Luis Obispo Police Department Foot Pursuits - 365 In any case in which a suspect is not apprehended and there is insufficient information to support further investigation, a supervisor may authorize that the initiating officer need not complete a formal report. 489.6 POLICY It is the policy of this department that officers, when deciding to initiate or continue a foot pursuit, continuously balance the objective of apprehending the suspect with the risk and potential for injury to department members, the public or the suspect. Officers are expected to act reasonably, based on the totality of the circumstances. Policy 491 San Luis Obispo Police Department San Luis Obispo PD CA Policy Manual Copyright Lexipol, LLC 2019/01/24, All Rights Reserved. Published with permission by San Luis Obispo Police Department Noise Ordinance Enforcement - 366 Noise Ordinance Enforcement 491.1 PURPOSE AND SCOPE The Police Department shall ensure the effective abatement of noise conditions which are a detriment to the public health, comfort, convenience, safety, welfare, and the peace and quiet of the City and its inhabitants in a timely, legal and reasonable manner. It shall be the policy of this Department to promptly respond to all reports of violations of the City Noise Control Ordinance, conduct thorough investigations, take appropriate enforcement and abatement actions, prepare necessary reports, and assist the City Attorney and/or the District Attorney in the prosecution of offenders. 491.1.1 AUTHORITY The following sections of the San Luis Obispo Municipal Code provide authority to enforce and abate noise violations, and to recover the costs of a second response to a violation: Chapter 9.12: Noise Control: Defines violations and provides for the enforcement of noise violations via administrative citation; provides for administrative action against property owners for repeat violations. Chapter 9.21: Second Response Cost Recovery: Provides for the recovery of response costs for a second response to a noise/party violation within a 24-hour period. 491.2 DISPATCH RESPONSIBILITY The Communications Technician receiving the noise complaint should attempt to determine the nature and location of the noise violation, including whether a gathering involves large numbers of people. The name and contact information for the complainant should be obtained whenever possible. When an address of the violation is known, the Communications Technician shall determine if the address is: (a) On the "no-warning" list, or (b) Student Neighborhood Assistance Program (SNAP) or an officer has responded to a noise violation within the past 24-hours If the address meets any of these criteria, or if the complaint indicates a large or unruly gathering, officers should be dispatched to the call. If the complaint does not meet these criteria, SNAP should be dispatched (or an officer if SNAP is not on-duty). If the address is a recognized Greek house or Cal Poly event, the University Police Department should be notified of the response. 491.3 ENFORCEMENT PROCEDURES Upon arrival, SNAP or officers should determine if a noise violation is occurring. If the activity is in violation of the noise ordinance, a warning should be issued in the form of a Disturbance Advisement Card (DAC). If the violation meets any of the following criteria, then a citation should be issued instead of a warning: (a) On the "no-warning" list San Luis Obispo Police Department San Luis Obispo PD CA Policy Manual Noise Ordinance Enforcement Copyright Lexipol, LLC 2019/01/24, All Rights Reserved. Published with permission by San Luis Obispo Police Department Noise Ordinance Enforcement - 367 (b) SNAP or an officer has responded to a noise violation where a DAC or citation has been issued within the past 24 hours (c) Gathering involving more than 75 people (d) Gathering involving other violations (e) Residents uncooperative with SNAP Officers have the discretion to issue a warning for a noise violation when there are extenuating circumstances that warrant a lower level of enforcement. Information about the nature of the gathering, including the number of people present, the type of violation (i.e. loud voices, amplified music, etc.) and the presence of alcohol should be noted on the DAC or citation. Should SNAP or officers determine other violations are occurring in addition to, or instead of, the noise violations, appropriate enforcement action should be taken. SNAP and officers should be particularly aware of violations of the Unruly Gathering ordinance, Social Host ordinance, and underage drinking violations. 491.3.1 PRIVATE PROPERTY CONSIDERATIONS In investigating a noise violations, SNAP and officers may enter those portions of private property normally open to members of the public pursuant to Fourth Amendment limitations. Other areas may be accessed with consent of the residence or pursuant to exigent (emergency) circumstances. If a noise violation has been verified, but the resident(s) will not respond to attempts to contact in person or by phone, the officer shall document the violation in a report for administrative action. 491.3.2 VIOLATIONS INVOLVING GREEK OR UNIVERSITY ORGANIZATIONS If a violation is determined to involve a Greek organization (fraternity or sorority) or organized University event, the University Police Department should be requested to respond. Noise, alcohol and party violations may also be a violation of the Greek organization's Conditional Use Permit issued by the City, so documentation of violations is important. Indicia supporting the Greek or organizational affiliation should be noted on the citation or report (Greek letters, posters, flyers, etc.) and photographs should be taken accordingly. The presence and identity of underage attendees consuming alcohol should be noted in the report. 491.3.3 REQUESTS FOR ASSISTANCE FROM PARTY HOST If a request is made by a party host for assistance from officers to break up their party and disperse the attendees, the officer may consider having the party host complete a Citizen's Noise Complaint/Assistance Request Card and obtain the residents' signatures. 491.4 PROPERTY OWNER ENFORCEMENT AND APPEALS The Office of the Neighborhood Outreach Manager shall be responsible for issuing warning letters and administrative citations to property owners and for scheduling requested noise citation appeals for residents and property owners, should they choose to appeal. Policy 497 San Luis Obispo Police Department San Luis Obispo PD CA Policy Manual Copyright Lexipol, LLC 2019/01/24, All Rights Reserved. Published with permission by San Luis Obispo Police Department Homeless Persons - 368 Homeless Persons 497.1 PURPOSE AND SCOPE The purpose of this policy is to ensure that personnel understand the needs and rights of the homeless and to establish procedures to guide officers during all contacts with the homeless, whether consensual or for enforcement purposes. The San Luis Obispo Police Department recognizes that members of the homeless community are often in need of special protection and services. The San Luis Obispo Police Department will address these needs in balance with the overall mission of this department. Therefore, officers will consider the following when serving the homeless community. 497.1.1 POLICY It is the policy of the San Luis Obispo Police Department to provide law enforcement services to all members of the community, while protecting the rights, dignity and private property of the homeless. Homelessness is not a crime and members of this department will not use homelessness solely as a basis for detention or law enforcement action. 497.3 FIELD CONTACTS Officers are encouraged to contact the homeless for purposes of rendering aid, support and for community-oriented policing purposes. Nothing in this policy is meant to dissuade an officer from taking reasonable enforcement action when facts support a reasonable suspicion of criminal activity. However, when encountering a homeless person who has committed a non-violent misdemeanor and continued freedom is not likely to result in a continuation of the offense or a breach of the peace, officers are encouraged to consider long-term solutions to problems that may relate to the homeless, such as shelter referrals and counseling in lieu of physical arrest. Officers should provide homeless persons with resource and assistance information whenever it is reasonably apparent that such services may be appropriate. 497.3.1 OTHER CONSIDERATIONS Homeless members of the community will receive the same level and quality of service provided to other members of the community. The fact that a victim or witness is homeless can, however, require special considerations for a successful investigation and prosecution. Officers should consider the following when handling investigations involving homeless victims, witnesses or suspects: (a)Document alternate contact information. This may include obtaining addresses and phone numbers of relatives and friends. (b)Document places the homeless person may frequent. (c)Provide homeless victims with victim/witness resources when appropriate. (d)Obtain statements from all available witnesses in the event that a homeless victim is unavailable for a court appearance. San Luis Obispo Police Department San Luis Obispo PD CA Policy Manual Homeless Persons Copyright Lexipol, LLC 2019/01/24, All Rights Reserved. Published with permission by San Luis Obispo Police Department Homeless Persons - 369 (e)Consider whether the person may be a dependent adult or elder, and if so, proceed in accordance with the Adult Abuse Policy. (f)Arrange for transportation for investigation-related matters, such as medical exams and court appearances. (g)Consider whether a crime should be reported and submitted for prosecution, even when a homeless victim indicates that he/she does not desire prosecution. 497.4 PERSONAL PROPERTY The personal property of homeless persons must not be treated differently than the property of other members of the public. Officers should use reasonable care when handling, collecting and retaining the personal property of homeless persons and should not destroy or discard the personal property of a homeless person. When a homeless person is arrested or otherwise removed from a public place, officers should make reasonable accommodations to permit the person to lawfully secure his/her personal property. Otherwise, the personal property should be collected for safekeeping. If the arrestee has more personal property than can reasonably be collected and transported by the officer, a supervisor should be consulted. The property should be photographed and measures should be taken to remove or secure the property. It will be the supervisor’s responsibility to coordinate the removal and safekeeping of the property. Officers should not conduct or assist in clean-up operations of belongings that reasonably appear to be the property of homeless persons without the prior authorization of a supervisor or the department Homeless Liaison Officer. When practicable, requests by the public for clean-up of a homeless encampment should be referred to the Homeless Liaison Officer. Officers who encounter unattended encampments, bedding or other personal property in public areas that reasonably appears to belong to a homeless person should not remove or destroy such property and should inform the department Homeless Liaison Officer if such property appears to involve a trespass, blight to the community or is the subject of a complaint. It will be the responsibility of the Homeless Liaison Officer to address the matter in a timely fashion. 497.5 MENTAL ILLNESS AND MENTAL IMPAIRMENT Some homeless persons may suffer from a mental illness or a mental impairment. Officers shall not detain a homeless person under a mental illness commitment unless facts and circumstances warrant such a detention (see the Crisis Intervention Incidents Policy). When a mental illness hold is not warranted, the contacting officer should provide the homeless person with contact information for mental health assistance as appropriate. In these circumstances, officers may provide transportation to a mental health specialist if requested by the person and approved by a supervisor. San Luis Obispo Police Department San Luis Obispo PD CA Policy Manual Homeless Persons Copyright Lexipol, LLC 2019/01/24, All Rights Reserved. Published with permission by San Luis Obispo Police Department Homeless Persons - 370 497.6 ECOLOGICAL ISSUES Sometimes homeless encampments can impact the ecology and natural resources of the community and may involve criminal offenses beyond mere littering. Officers are encouraged to notify other appropriate agencies or departments when a significant impact to the environment has or is likely to occur. Significant impacts to the environment may warrant a crime report, investigation, supporting photographs and supervisor notification. San Luis Obispo Police Department San Luis Obispo PD CA Policy Manual Copyright Lexipol, LLC 2019/01/24, All Rights Reserved. Published with permission by San Luis Obispo Police Department Traffic Operations - 371 Chapter 5 - Traffic Operations Policy 500 San Luis Obispo Police Department San Luis Obispo PD CA Policy Manual Copyright Lexipol, LLC 2019/01/24, All Rights Reserved. Published with permission by San Luis Obispo Police Department Traffic Function and Responsibility - 372 Traffic Function and Responsibility 500.1 PURPOSE AND SCOPE The ultimate goal of traffic law enforcement is to reduce traffic collisions. This may be achieved through the application of such techniques as geographic/temporal assignment of personnel and equipment and the establishment of preventive patrols to deal with specific categories of unlawful driving behavior. Traffic enforcement techniques are based on accident data, enforcement activity records, traffic volume, and traffic conditions. This department provides enforcement efforts toward violations, not only in proportion to the frequency of their occurrence in accident situations, but also in terms of traffic-related needs. 500.2 TRAFFIC OFFICER DEPLOYMENT Several factors are considered in the development of deployment schedules for officers of the San Luis Obispo Police Department. Information provided by the California Statewide Integrated Traffic Reporting System (SWITRS) is a valuable resource for traffic accident occurrences and therefore officer deployment. Some of the factors for analysis include: •Location •Time •Day •Violation factors All officers assigned to patrol or traffic enforcement functions will emphasize enforcement of accident causing violations during high accident hours and at locations of occurrence. All officers will take directed enforcement action on request, and random enforcement action when appropriate against violators as a matter of routine. All officers shall maintain high visibility while working general enforcement, especially at high accident locations. Other factors to be considered for deployment are requests from the public, construction zones or special events. 500.3 ENFORCEMENT Enforcement actions are commensurate with applicable laws and take into account the degree and severity of the violation committed. This department does not establish ticket quotas and the number of arrests or citations issued by any officer shall not be used as the sole criterion for evaluating officer overall performance (Vehicle Code § 41603). The visibility and quality of an officer’s work effort will be commensurate with the philosophy of this policy. Several methods are effective in the reduction of collisions: San Luis Obispo Police Department San Luis Obispo PD CA Policy Manual Traffic Function and Responsibility Copyright Lexipol, LLC 2019/01/24, All Rights Reserved. Published with permission by San Luis Obispo Police Department Traffic Function and Responsibility - 373 500.3.1 WARNINGS Warnings or other non-punitive enforcement actions should be considered in each situation and substituted for arrests or citations when circumstances warrant, especially in the case of inadvertent violations. 500.3.2 CITATIONS Citations may be issued when an officer believes it is appropriate. It is essential that officers fully explain the rights and requirements imposed on motorists upon issuance of a citation for a traffic violation. Officers should provide the following information at a minimum: (a)Explanation of the violation or charge (b)Court appearance procedure including the optional or mandatory appearance by the motorist (c)Notice of whether the motorist can enter a plea and pay the fine by mail or at the court 500.3.3 PHYSICAL ARREST Physical arrest can be made on a number of criminal traffic offenses outlined in the Vehicle Code or Penal Code. These physical arrest cases usually deal with, but are not limited to: (a)Vehicular manslaughter (b)Felony and misdemeanor driving under the influence of alcohol/drugs (c)Felony or misdemeanor hit-and-run (d)Refusal to sign notice to appear (e)Any other misdemeanor at the discretion of the officer, such as reckless driving with extenuating circumstances 500.4 SUSPENDED OR REVOKED DRIVERS LICENSES If an officer contacts a traffic violator for driving on a suspended or revoked license, the officer may issue a traffic citation pursuant to Vehicle Code § 14601. If a computer check of a traffic violator's license status reveals a suspended or revoked driver license and the traffic violator still has his or her license in possession, the license shall be seized by the officer. The officer shall verbally advise the traffic violator of the suspension or revocation and issue the citation. The officer will be responsible for filling out the Verbal Notice form (DMV form DL-310) and causing that form and license to be forwarded to the Department of Motor Vehicles. 500.5 HIGH-VISIBILITY VESTS The Department has provided American National Standards Institute (ANSI) Class II high-visibility vests to increase the visibility of department members who may be exposed to hazards presented by passing traffic, maneuvering or operating vehicles, machinery and equipment (23 CFR 655.601; 8 CCR 1598). San Luis Obispo Police Department San Luis Obispo PD CA Policy Manual Traffic Function and Responsibility Copyright Lexipol, LLC 2019/01/24, All Rights Reserved. Published with permission by San Luis Obispo Police Department Traffic Function and Responsibility - 374 Although intended primarily for use while performing traffic related assignments, high-visibility vests should be worn at any time increased visibility would improve the safety or efficiency of the member. 500.5.1 REQUIRED USE Except when working in a potentially adversarial or confrontational role, such as during vehicle stops, high-visibility vests should be worn at any time it is anticipated that an employee will be exposed to the hazards of approaching traffic or construction and recovery equipment. Examples of when high-visibility vests should be worn include traffic control duties, accident investigations, lane closures and while at disaster scenes, or anytime high visibility is desirable. When emergency conditions preclude the immediate donning of the vest, officers should retrieve and wear the vest as soon as conditions reasonably permit. Use of the vests shall also be mandatory when directed by a supervisor. Vests maintained in the investigation units may be used any time a plainclothes officer might benefit from being readily identified as a member of law enforcement. 500.5.2 CARE AND STORAGE OF HIGH-VISIBILITY VESTS High-visibility vests shall be maintained in the trunk of each patrol and investigation unit, in the side box of each police motorcycle and in the saddlebag or gear bag of each police bicycle. Before going into service each employee shall ensure a serviceable high-visibility vest is properly stored. Policy 503 San Luis Obispo Police Department San Luis Obispo PD CA Policy Manual Copyright Lexipol, LLC 2019/01/24, All Rights Reserved. Published with permission by San Luis Obispo Police Department Traffic Collision Reporting - 375 Traffic Collision Reporting 503.1 PURPOSE AND SCOPE The San Luis Obispo Police Department prepares traffic collision reports in compliance with the California Highway Patrol Collision Investigation Manual (CIM) and as a public service makes traffic collision reports available to the community with some exceptions. 503.2 RESPONSIBILITY The Traffic Sergeant will be responsible for distribution of the Collision Investigation Manual. The Traffic Sergeant will receive all changes in the state manual and ensure conformity with this policy. 503.3 TRAFFIC COLLISION REPORTING All traffic collision reports taken by members of this department shall be forwarded to the Watch Commander for approval 503.4 REPORTING SITUATIONS 503.4.1 TRAFFIC COLLISIONS INVOLVING CITY VEHICLES Traffic collision investigation reports shall be taken when a City-owned vehicle is involved in a traffic collision upon a roadway or highway wherein any damage or injury results. A general information report may be taken in lieu of a traffic collision report (CHP 555 form) at the direction of a supervisor when the collision occurs on private property or does not involve another vehicle. Whenever there is damage to a City vehicle, a Vehicle Damage Report shall be completed and forwarded to the appropriate Bureau Commander. Photographs of the collision scene and vehicle damage shall be taken at the discretion of the traffic investigator or any supervisor. 503.4.2 TRAFFIC COLLISIONS WITH POLICE DEPARTMENT EMPLOYEES When an employee of this department, either on-duty or off-duty, is involved in a traffic collision within the jurisdiction of the San Luis Obispo Police Department resulting in a serious injury or fatality, the Traffic Sergeant or the Watch Commander, may notify the California Highway Patrol for assistance. The term serious injury is defined as any injury that may result in a fatality. 503.4.3 TRAFFIC COLLISIONS WITH OTHER CITY EMPLOYEES OR OFFICIALS The Traffic Sergeant or on-duty Watch Commander may request assistance from the California Highway Patrol for the investigation of any traffic collision involving any City official or employee where a serious injury or fatality has occurred. San Luis Obispo Police Department San Luis Obispo PD CA Policy Manual Traffic Collision Reporting Copyright Lexipol, LLC 2019/01/24, All Rights Reserved. Published with permission by San Luis Obispo Police Department Traffic Collision Reporting - 376 503.4.4 TRAFFIC COLLISIONS ON PRIVATE PROPERTY In compliance with the Collision Investigation Manual, traffic collision reports shall not be taken for traffic collisions occurring on private property, unless there is a death or injury to any person involved, a hit and run violation, or certain Vehicle Code violations. A report may be taken at the discretion of any supervisor. 503.4.5 TRAFFIC COLLISIONS ON ROADWAYS OR HIGHWAYS Traffic collision reports shall be taken when they occur on a roadway or highway within the jurisdiction of this department under any of the following circumstances: (a)When there is a death or injury to any persons involved in the collision (b)When a report is requested by any involved driver 503.5 NOTIFICATION OF TRAFFIC BUREAU SUPERVISION In the event of a serious injury or death related traffic collision, the Watch Commander shall notify the Traffic Sergeant to relate the circumstances of the traffic collision and seek assistance from the Traffic Bureau. In the absence of a Traffic Sergeant, the Watch Commander or any supervisor may assign an accident investigator or motor officer to investigate the traffic collision. Policy 511 San Luis Obispo Police Department San Luis Obispo PD CA Policy Manual Copyright Lexipol, LLC 2019/01/24, All Rights Reserved. Published with permission by San Luis Obispo Police Department Vehicle Towing and Release - 377 Vehicle Towing and Release 511.1 PURPOSE AND SCOPE This policy provides the procedures for towing a vehicle by or at the direction of the San Luis Obispo Police Department. Nothing in this policy shall require the Department to tow a vehicle. 511.2 STORAGE AND IMPOUNDS When circumstances permit, for example when towing a vehicle for parking or registration violations, the handling employee should, prior to having the vehicle towed, make a good faith effort to notify the owner of the vehicle that it is subject to removal. This may be accomplished by personal contact, telephone or by leaving a notice attached to the vehicle at least 24 hours prior to removal. If a vehicle presents a hazard, such as being abandoned on the roadway, it may be towed immediately. The responsibilities of those employees towing, storing or impounding a vehicle are listed below. 511.2.1 VEHICLE STORAGE REPORT Department members requesting towing, storage or impound of a vehicle shall complete CHP Form 180 and if possible accurately record the mileage and a description of property within the vehicle (Vehicle Code § 22850). A copy of the storage report should be given to the tow truck operator and the original shall be submitted to Records as soon as practicable after the vehicle is stored. 511.2.2 REMOVAL FROM TRAFFIC COLLISION SCENES When a vehicle has been involved in a traffic collision and must be removed from the scene, the officer shall have the driver select a towing company, if possible, and shall relay the request for the specified towing company to the dispatcher. When there is no preferred company requested, a company will be selected from the rotational list of towing companies in the Communications Center. If the owner is incapacitated, or for any reason it is necessary for the Department to assume responsibility for a vehicle involved in a collision, the officer shall request the dispatcher to call a towing company from the rotational list. The officer will then store the vehicle using a CHP Form 180. 511.2.3 STORAGE AT ARREST SCENES Whenever a person in charge or in control of a vehicle is arrested, it is the policy of this department to provide reasonable safekeeping by storing the arrestee’s vehicle subject to the exceptions described below. The vehicle, however, shall be stored whenever it is needed for the furtherance of the investigation or prosecution of the case, or when the community caretaker doctrine would reasonably suggest that the vehicle should be stored (e.g., traffic hazard, high-crime area). San Luis Obispo Police Department San Luis Obispo PD CA Policy Manual Vehicle Towing and Release Copyright Lexipol, LLC 2019/01/24, All Rights Reserved. Published with permission by San Luis Obispo Police Department Vehicle Towing and Release - 378 The following are examples of situations where consideration should be given to leaving a vehicle at the scene in lieu of storing, provided the vehicle can be lawfully parked and left in a reasonably secured and safe condition: •Traffic-related warrant arrest. •Situations where the vehicle was not used to further the offense for which the driver was arrested. •Whenever the licensed owner of the vehicle is present, willing, and able to take control of any vehicle not involved in criminal activity. •Whenever the vehicle otherwise does not need to be stored and the owner requests that it be left at the scene. In such cases, the owner shall be informed that the Department will not be responsible for theft or damages. 511.2.4 IMPOUNDMENT AT SOBRIETY CHECKPOINTS Whenever a driver is stopped at a sobriety checkpoint and the only violation is that the operator is driving without a valid driver’s license, the officer shall make a reasonable attempt to identify the registered owner of the vehicle (Vehicle Code § 2814.2). The officer shall release the vehicle to the registered owner if the person is a licensed driver, or to another licensed driver authorized by the registered owner, provided the vehicle is claimed prior to the conclusion of the checkpoint operation. If the vehicle is released at the checkpoint, the officer shall list on his/her copy of the notice to appear the name and driver’s license number of the person to whom the vehicle is released. When a vehicle cannot be released at the checkpoint, it shall be towed (Vehicle Code § 22651(p)). When a vehicle is removed at the checkpoint, it shall be released during the normal business hours of the storage facility to the registered owner or his/her agent upon presentation of a valid driver’s license and current vehicle registration. 511.2.5 DRIVING A NON-CITY VEHICLE Vehicles which have been towed by or at the direction of the Department should not be driven by police personnel unless it is necessary to move a vehicle a short distance to eliminate a hazard, prevent the obstruction of a fire hydrant or to comply with posted signs. 511.2.6 DISPATCHER'S RESPONSIBILITIES Upon receiving a request for towing, the dispatcher shall promptly telephone the specified authorized towing service. The officer shall be advised when the request has been made and the towing service has been dispatched. When there is no preferred company requested, the dispatcher shall call the next firm in rotation from the list of approved towing companies and shall make appropriate entries on that form to ensure the following firm is called on the next request. Dispatch personnel shall promptly enter pertinent data into the Stolen Vehicle System. San Luis Obispo Police Department San Luis Obispo PD CA Policy Manual Vehicle Towing and Release Copyright Lexipol, LLC 2019/01/24, All Rights Reserved. Published with permission by San Luis Obispo Police Department Vehicle Towing and Release - 379 511.2.7 RECORDS UNIT RESPONSIBILITY Within 48 hours, excluding weekends and holidays, of the storage of any such vehicle it shall be the responsibility of the Records Bureau to determine the names and addresses of any individuals having an interest in the vehicle through DMV or CLETS computers. Notice shall be sent to all such individuals by first-class mail (Vehicle Code § 22851.3(d); Vehicle Code § 22852(a); Vehicle Code § 14602.6(a)(2)). The notice shall include the following (Vehicle Code § 22852(b)): (a)The name, address, and telephone number of this Department. (b)The location of the place of storage and description of the vehicle, which shall include, if available, the name or make, the manufacturer, the license plate number, and the mileage. (c)The authority and purpose for the removal of the vehicle. (d)A statement that, in order to receive their post-storage hearing, the owners, or their agents, shall request the hearing in person, writing, or by telephone within 10 days of the date appearing on the notice. 511.3 TOWING SERVICES The City of San Luis Obispo utilizes a rotational towing system. In order to participate on the rotational tow list each company shall complete a Tow Service Agreement Form and it must be signed by the tow company owner and Chief of Police or his/her designee. 511.4 VEHICLE INVENTORY All property in a stored or impounded vehicle shall be inventoried and listed on the vehicle storage form. This includes the trunk and any compartments or containers, even if closed and/or locked. Members conducting inventory searches should be as thorough and accurate as practical in preparing an itemized inventory. These inventory procedures are for the purpose of protecting an owner's property while in police custody, to provide for the safety of officers, and to protect the Department against fraudulent claims of lost, stolen, or damaged property. 511.5 SECURITY OF VEHICLES AND PROPERTY Unless it would cause an unreasonable delay in the completion of a vehicle impound/storage or create an issue of officer safety, officers should make reasonable accommodations to permit a driver/owner to retrieve small items of value or personal need (e.g., cash, jewelry, cell phone, prescriptions) that are not considered evidence or contraband. If a search of a vehicle leaves the vehicle or any property contained therein vulnerable to unauthorized entry, theft, or damage, personnel conducting the search shall take such steps as are reasonably necessary to secure and/or preserve the vehicle or property from such hazards. 511.6 RELEASE OF VEHICLE The Department will maintain a listed, 24-hour telephone number to provide information regarding impoundment of vehicles and the right of the registered owner to request a storage hearing. San Luis Obispo Police Department San Luis Obispo PD CA Policy Manual Vehicle Towing and Release Copyright Lexipol, LLC 2019/01/24, All Rights Reserved. Published with permission by San Luis Obispo Police Department Vehicle Towing and Release - 380 Releases for towed vehicles will be made available during regular, non-emergency business hours (Vehicle Code § 14602.6). (a)Vehicles removed pursuant to Vehicle Code § 22850 shall be released after proof of current registration is provided by the owner or the person in control of the vehicle and after all applicable fees are paid (Vehicle Code § 22850.3; Vehicle Code § 22850.5). (b)Vehicles removed that require payment of parking fines or proof of valid driver’s license shall only be released upon presentation of proof of compliance, proof of payment, completion of affidavit, and payment of applicable fees related to the removal (Vehicle Code § 22651 et seq., Vehicle Code § 22652 et seq., Vehicle Code § 22850.3; Vehicle Code § 22850.5). (c)A vehicle removed pursuant to Vehicle Code § 14602.6(a) shall be released to the registered owner or his/her agent with proof of current registration, proof of a valid driver’s license, and applicable fees paid prior to the end of the 30-day impoundment period under any of the following circumstances: 1.The vehicle was stolen. 2.If the driver reinstates his/her driver's license or acquires a license and provides proof of proper insurance. 3.Any other circumstance as set forth in Vehicle Code § 14602.6. 4.When there is no remaining community caretaking need to continue impound of the vehicle or the continued impound would not otherwise comply with the Fourth Amendment. (d)An autonomous vehicle removed under authority of Vehicle Code § 22651(o)(1)(D) shall be released to the registered owner or person in control of the autonomous vehicle if the requirements of Vehicle Code § 22651(o)(3)(B) are met. Personnel whose duties include releasing towed vehicles should consult the Vehicle Code under which the vehicle was towed or impounded for any specific requirements prior to release. Employees who suspect that a vehicle was impounded in error should promptly advise a supervisor. Supervisors should approve, when appropriate, the release of the vehicle without requiring the registered owner or his/her agent to request a hearing, as described in the Vehicle Impound Hearings Policy. Policy 513 San Luis Obispo Police Department San Luis Obispo PD CA Policy Manual Copyright Lexipol, LLC 2019/01/24, All Rights Reserved. Published with permission by San Luis Obispo Police Department Vehicle Impound Hearings - 381 Vehicle Impound Hearings 513.1 PURPOSE AND SCOPE This policy establishes a procedure for the requirement to provide vehicle storage or impound hearings pursuant to Vehicle Code § 22852. 513.2 STORED OR IMPOUND HEARING When a vehicle is stored or impounded by any member of the San Luis Obispo Police Department, a hearing will be conducted upon the request of the registered or legal owner of the vehicle or his/ her agent (Vehicle Code § 22650(a); Vehicle Code § 22852(a)). The hearing shall be conducted within 48 hours of the request, excluding weekends and holidays. The hearing officer must be a person other than the person who directed the storage or impound of the vehicle (Vehicle Code § 22852(c)). 513.2.1 HEARING PROCEDURES The vehicle storage hearing is an informal process to evaluate the validity of an order to store or impound a vehicle. The employee who caused the storage or removal of the vehicle does not need to be present for this hearing. All requests for a hearing on a stored or impounded vehicle shall be submitted in person, in writing or by telephone within 10 days of the date appearing on the notice (Vehicle Code § 22852(b)). The Traffic Sergeant will generally serve as the hearing officer. The person requesting the hearing may record the hearing at his/her own expense. The failure of either the registered or legal owner or interested person or his/her agent to request a hearing in a timely manner or to attend a scheduled hearing shall be considered a waiver of and satisfaction of the post-storage hearing requirement (Vehicle Code § 22851.3(e)(2); Vehicle Code § 22852(d)). Any relevant evidence may be submitted and reviewed by the hearing officer to determine if reasonable grounds have been established for the storage or impound of the vehicle. The initial burden of proof established by a preponderance of the evidence that the storage/impound was based on probable cause rests with the Department. After consideration of all information, the hearing officer shall determine the validity of the storage or impound of the vehicle in question and then render a decision. The hearing officer shall also consider any mitigating circumstances attendant to the storage that reasonably would warrant the release of the vehicle or a modification or reduction of the period the vehicle is impounded (Vehicle Code §14602.6(b); Vehicle Code § 14602.8(b)). Aside from those mitigating circumstances enumerated in the Vehicle Code, the registered owner's lack of actual knowledge that the driver to whom the vehicle was loaned was not validly licensed may constitute a mitigating circumstance under Vehicle Code § 14602.6(b) or 14602.8(b), warranting release of the vehicle. This mitigating circumstance exception is not limited to situations San Luis Obispo Police Department San Luis Obispo PD CA Policy Manual Vehicle Impound Hearings Copyright Lexipol, LLC 2019/01/24, All Rights Reserved. Published with permission by San Luis Obispo Police Department Vehicle Impound Hearings - 382 where the owner made a reasonable inquiry as to the licensed status of the driver before lending the vehicle. The legislative intent and this department’s policy is to prevent unlicensed driving pursuant to Vehicle Code §14602.6. If this purpose is not furthered by the continued impoundment of a vehicle, release is most often appropriate. (a)If a decision is made that reasonable grounds for storage or impound have been established, the hearing officer shall advise the inquiring party of the decision and that the inquiring party may pursue further civil remedies if desired. 1.If mitigating circumstances are found to be relevant, the hearing officer shall make reasonable adjustments to the impound period, storage or assessment of fees as warranted. (b)If a decision is made that reasonable grounds for storage or impound have not been established or sufficient mitigating circumstances exist, the vehicle in storage shall be released immediately. Towing and storage fees will be paid at the Department’s expense (Vehicle Code § 22852(e)). (c)If a decision is made that reasonable grounds for storage have not been established or sufficient mitigating circumstances exist, and the vehicle has been released with fees having been paid, the receipt for such fees will be forwarded with a letter to the appropriate Bureau Commander. The hearing officer will recommend to the appropriate Bureau Commander that the fees paid by the registered or legal owner of the vehicle in question or their agent be reimbursed by the Department. Policy 515 San Luis Obispo Police Department San Luis Obispo PD CA Policy Manual Copyright Lexipol, LLC 2019/01/24, All Rights Reserved. Published with permission by San Luis Obispo Police Department Impaired Driving - 383 Impaired Driving 515.1 PURPOSE AND SCOPE This policy provides guidance to those department members who play a role in the detection and investigation of driving under the influence (DUI). 515.2 POLICY The San Luis Obispo Police Department is committed to the safety of the roadways and the community and will pursue fair but aggressive enforcement of California’s impaired driving laws. 515.3 INVESTIGATIONS Officers should not enforce DUI laws to the exclusion of their other duties unless specifically assigned to DUI enforcement. All officers are expected to enforce these laws with due diligence. The Traffic Sergeant will develop and maintain, in consultation with the prosecuting attorney, report forms with appropriate checklists to assist investigating officers in documenting relevant information and maximizing efficiency. Any DUI investigation will be documented using these forms. Information documented elsewhere on the form does not need to be duplicated in the report narrative. Information that should be documented includes, at a minimum: (a)The field sobriety tests (FSTs) administered and the results. (b)The officer’s observations that indicate impairment on the part of the individual, and the officer’s health-related inquiries that may help to identify any serious health concerns (e.g., diabetic shock). (c)Sources of additional information (e.g., reporting party, witnesses) and their observations. (d)Information about any audio and/or video recording of the individual’s driving or subsequent actions. (e)The location and time frame of the individual’s vehicle operation and how this was determined. (f)Any prior related convictions in California or another jurisdiction. 515.4 FIELD TESTS The Traffic Sergeant should identify standardized FSTs and any approved alternate tests for officers to use when investigating violations of DUI laws. 515.5 CHEMICAL TESTS A person implies consent to a chemical test or tests, and to providing the associated chemical sample, under any of the following (Vehicle Code § 23612): (a)The person is arrested for driving a vehicle while under the influence, pursuant to Vehicle Code § 23152. San Luis Obispo Police Department San Luis Obispo PD CA Policy Manual Impaired Driving Copyright Lexipol, LLC 2019/01/24, All Rights Reserved. Published with permission by San Luis Obispo Police Department Impaired Driving - 384 (b)The person is under 21 years of age and is arrested by an officer having reasonable cause to believe that the person’s blood alcohol content is 0.05 or more (Vehicle Code § 23140). (c)The person is under 21 years of age and detained by an officer having reasonable cause to believe that the person was driving a vehicle while having a blood alcohol content of 0.01 or more (Vehicle Code § 23136). (d)The person was operating a vehicle while under the influence and proximately caused bodily injury to another person (Vehicle Code § 23153). If a person withdraws this implied consent, or is unable to withdraw consent (e.g., the person is unconscious), the officer should consider implied consent revoked and proceed as though the person has refused to provide a chemical sample. 515.5.1 CHOICE OF TESTS Officers shall respect a viable choice of chemical test made by an arrestee, as provided for by law (e.g., breath will not be acceptable for suspected narcotics influence). A person arrested for DUI has the choice of whether the test is of his/her blood or breath, and the officer shall advise the person that he/she has that choice. If the person arrested either is incapable, or states that he/she is incapable, of completing the chosen test, the person shall submit to the remaining test. If the person chooses to submit to a breath test and there is reasonable cause to believe that the person is under the influence of a drug or the combined influence of alcohol and any drug, the officer may also request that the person submit to a blood test. If the person is incapable of completing a blood test, the person shall submit to and complete a urine test (Vehicle Code § 23612(a)(2)(C)). 515.5.2 BREATH TEST The Field Service Technician should ensure that all PAS devices used for the collection and analysis of breath samples are properly serviced and tested and that a record of such service and testing is properly maintained. The Field Service Technician should also insure that all POA/PEBT devices are properly tested and that a record of such testing is properly maintained. A third party vendor currently services the POA/PEBT devices. Officers obtaining a breath sample should monitor the PAS and POA devices for any sign of malfunction. Any anomalies or equipment failures should be noted in the appropriate report and promptly reported to their supervisor. Malfunctioning PAS and POA devices should be removed from service until they are properly inspected and, if needed, repaired. When the arrested person chooses a breath test, the handling officer shall advise the person that the breath-testing equipment does not retain a sample, and the person may, if desired, provide a blood or urine specimen, which will be retained to facilitate subsequent verification testing (Vehicle Code § 23614). San Luis Obispo Police Department San Luis Obispo PD CA Policy Manual Impaired Driving Copyright Lexipol, LLC 2019/01/24, All Rights Reserved. Published with permission by San Luis Obispo Police Department Impaired Driving - 385 The officer should also require the person to submit to a blood test if the officer has a clear indication that a blood test will reveal evidence of any drug or the combined influence of an alcoholic beverage and any drug. Evidence of the officer's belief shall be included in the officer's report (Vehicle Code § 23612(a)(2)(C)). 515.5.3 BLOOD SAMPLES Only persons authorized by law to draw blood shall collect blood samples (Vehicle Code § 23158). The blood draw should be witnessed by the assigned officer. No officer, even if properly certified, should perform this task. Officers should inform an arrestee that if he/she chooses to provide a blood sample, a separate sample can be collected for alternate testing. Unless medical personnel object, two samples should be collected and retained as evidence, so long as only one puncture is required. The blood sample shall be packaged, marked, handled, stored and transported as required by the testing facility. If an arrestee cannot submit to a blood draw because he/she has a bleeding disorder or has taken medication that inhibits coagulation, he/she shall not be required to take a blood test. Such inability to take a blood test should not be considered a refusal. However, that arrestee may be required to complete another available and viable test. 515.5.4 URINE SAMPLES If a urine test will be performed, the arrestee should be promptly transported to the appropriate testing site. The officer shall follow any directions accompanying the urine evidence collection kit. Urine samples shall be collected and witnessed by an officer or jail staff member of the same sex as the individual giving the sample. The arrestee should be allowed sufficient privacy to maintain his/her dignity, to the extent possible, while still ensuring the accuracy of the sample (Vehicle Code § 23158(i)). The sample shall be packaged, marked, handled, stored and transported as required by the testing facility. 515.5.5 STATUTORY NOTIFICATIONS Officers requesting that a person submit to chemical testing shall provide the person with the mandatory warning pursuant to Vehicle Code § 23612(a)(1)(D) and Vehicle Code § 23612(a)(4). 515.5.6 PRELIMINARY ALCOHOL SCREENING Officers may use a preliminary alcohol screening (PAS) test to assist in establishing reasonable cause to believe a person is DUI. The officer shall advise the person that the PAS test is being requested to assist in determining whether the person is under the influence of alcohol or drugs, or a combination of the two. Unless the person is under the age of 21, he/she shall be advised that the PAS test is voluntary. The officer shall also advise the person that submitting to a PAS test does not satisfy his/her obligation to submit to a chemical test as otherwise required by law (Vehicle Code § 23612). San Luis Obispo Police Department San Luis Obispo PD CA Policy Manual Impaired Driving Copyright Lexipol, LLC 2019/01/24, All Rights Reserved. Published with permission by San Luis Obispo Police Department Impaired Driving - 386 515.5.7 PRELIMINARY ALCOHOL SCREENING FOR A PERSON UNDER AGE 21 If an officer lawfully detains a person under 21 years of age who is driving a motor vehicle and the officer has reasonable cause to believe that the person has a blood alcohol content of 0.01 or more, the officer shall request that the person take a PAS test to determine the presence of alcohol in the person, if a PAS test device is immediately available. If a PAS test device is not immediately available, the officer may request the person to submit to chemical testing of his/her blood, breath or urine, conducted pursuant to Vehicle Code § 23612 (Vehicle Code § 13388). If the person refuses to take or fails to complete the PAS test or other chemical test, or if the result of either test reveals a blood alcohol content of 0.01 or more, the officer shall proceed to serve the person with a notice of order of suspension pursuant to this policy (Vehicle Code § 13388). 515.6 REFUSALS When an arrestee refuses to provide a viable chemical sample, officers should: (a)Advise the person of the requirement to provide a sample (Vehicle Code § 23612). (b)Audio- and/or video-record the admonishment when it is practicable. (c)Document the refusal in the appropriate report. Upon refusal to submit to a chemical test as required by law, officers shall personally serve the notice of order of suspension upon the person and take possession of any state-issued license to operate a motor vehicle that is held by that person (Vehicle Code § 23612(e); Vehicle Code § 23612(f)). 515.6.1 BLOOD SAMPLE WITHOUT CONSENT A blood sample may be obtained from a person who refuses a chemical test when any of the following conditions exist: (a)A search warrant has been obtained (Penal Code § 1524). (b)The officer can articulate that exigent circumstances exist. Exigency does not exist solely because of the short time period associated with the natural dissipation of alcohol or controlled or prohibited substances in the person’s bloodstream. Exigency can be established by the existence of special facts such as a lengthy time delay in obtaining a blood sample due to an accident investigation or medical treatment of the person. 515.6.2 FORCED BLOOD SAMPLE If an arrestee indicates by word or action that he/she will physically resist a blood draw, the officer should request a supervisor to respond. The responding supervisor should: (a)Evaluate whether using force to obtain a blood sample is appropriate under the circumstances. San Luis Obispo Police Department San Luis Obispo PD CA Policy Manual Impaired Driving Copyright Lexipol, LLC 2019/01/24, All Rights Reserved. Published with permission by San Luis Obispo Police Department Impaired Driving - 387 (b)Ensure that all attempts to obtain a blood sample through force cease if the person agrees to, and completes a viable form of testing in a timely manner. (c)Advise the person of his/her duty to provide a sample (even if this advisement was previously done by another officer) and attempt to persuade the individual to submit to such a sample without physical resistance. 1.This dialogue should be recorded on audio and/or video if practicable. (d)Ensure that the blood sample is taken in a medically approved manner. (e)Ensure the forced blood draw is recorded on audio and/or video when practicable. (f)Monitor and ensure that the type and level of force applied appears reasonable under the circumstances: 1.Unless otherwise provided in a warrant, force should generally be limited to handcuffing or similar restraint methods. 2.In misdemeanor cases, if the arrestee becomes violent or more resistant, no additional force will be used and a refusal should be noted in the report. 3.In felony cases, force which reasonably appears necessary to overcome the resistance to the blood draw may be permitted. (g)Ensure the use of force and methods used to accomplish the collection of the blood sample are documented in the related report. If a supervisor is unavailable, officers are expected to use sound judgment and perform as a responding supervisor, as set forth above. 515.6.3 STATUTORY NOTIFICATIONS UPON REFUSAL Upon refusal to submit to a chemical test as required by law, officers shall personally serve the notice of order of suspension upon the arrestee and take possession of any state-issued license to operate a motor vehicle that is held by that individual (Vehicle Code § 23612(e); Vehicle Code § 23612(f)). 515.7 RECORDS BUREAU RESPONSIBILITIES The Records Supervisor will ensure that all case-related records are transmitted according to current records procedures and as required by the prosecuting attorney’s office. 515.8 TRAINING The Training Manager should ensure that officers participating in the enforcement of DUI laws receive regular training. Training should include, at minimum, current laws on impaired driving, investigative techniques and rules of evidence pertaining to DUI investigations. The Training Manager should confer with the prosecuting attorney’s office and update training topics as needed. 515.9 ARREST AND INVESTIGATION San Luis Obispo Police Department San Luis Obispo PD CA Policy Manual Impaired Driving Copyright Lexipol, LLC 2019/01/24, All Rights Reserved. Published with permission by San Luis Obispo Police Department Impaired Driving - 388 515.9.1 WARRANTLESS ARREST In addition to the arrest authority granted to officers pursuant to Penal Code § 836, an officer may make a warrantless arrest of a person that the officer has reasonable cause to believe has been driving under the influence of an alcoholic beverage or any drug, or under the combined influence of the same when (Vehicle Code § 40300.5): (a)The person is involved in a traffic accident. (b)The person is observed in or about a vehicle that is obstructing the roadway. (c)The person will not be apprehended unless immediately arrested. (d)The person may cause injury to him/herself or damage property unless immediately arrested. (e)The person may destroy or conceal evidence of a crime unless immediately arrested. 515.9.2 OFFICER RESPONSIBILITIES The officer serving the arrested person with a notice of an order of suspension shall immediately (Vehicle Code § 23612): (a)Forward a copy of the completed notice of suspension or revocation form and any confiscated driver’s license to the Department of Motor Vehicles (DMV). (b)Forward a sworn report to DMV that contains the required information in Vehicle Code § 13380. (c)Forward the results to the appropriate forensic laboratory if the person submitted to a blood or urine test. Policy 517 San Luis Obispo Police Department San Luis Obispo PD CA Policy Manual Copyright Lexipol, LLC 2019/01/24, All Rights Reserved. Published with permission by San Luis Obispo Police Department Traffic Citations - 389 Traffic Citations 517.1 PURPOSE AND SCOPE This policy outlines the responsibility for traffic citations, the procedure for dismissal, correction, and voiding of traffic citations. 517.2 RESPONSIBILITIES The Traffic Sergeant and Records Supervisor shall be responsible for the development and design of all Department traffic citations in compliance with state law and the Judicial Council. The Records Unit shall be responsible for the supply of all traffic citations distributed to employees of this department. 517.3 DISMISSAL OF TRAFFIC CITATIONS Employees of this department do not have the authority to dismiss a citation once it has been issued. Only the court has the authority to dismiss a citation that has been issued (Vehicle Code § 40500(d)). Any request from a recipient to dismiss a citation shall be referred to their appointed time and date for Traffic Court as indicated on their copy of the citation. Should an officer determine during a court proceeding that a traffic citation should be dismissed in the interest of justice or where prosecution is deemed inappropriate the officer may request the court to dismiss the citation. 517.4 VOIDING TRAFFIC CITATIONS Voiding a traffic citation may occur when a traffic citation has not been completed or where it is completed, but not issued. 517.5 CORRECTION OF TRAFFIC CITATIONS When a traffic citation is issued and in need of correction, the officer issuing the citation shall submit the citation and a Citation Amendment form requesting a specific correction to Records. 517.7 NOTICE OF PARKING VIOLATION APPEAL PROCEDURE Disposition of notice of parking violation appeals is conducted pursuant to Vehicle Code § 40215. All parking citation reviews and related matters shall be referred to the City Parking Division. 517.7.2 TIME REQUIREMENTS Administrative review or appearance before a hearing examiner will not be provided if the mandated time limits are not adhered to by the violator. (a)Requests for an administrative review must be postmarked within 21 calendar days of issuance of the notice of parking violation, or within 14 calendar days of the mailing of the Notice of Delinquent Parking Violation (Vehicle Code § 40215(a)). San Luis Obispo Police Department San Luis Obispo PD CA Policy Manual Traffic Citations Copyright Lexipol, LLC 2019/01/24, All Rights Reserved. Published with permission by San Luis Obispo Police Department Traffic Citations - 390 (b)Requests for administrative hearings must be made no later than 21 calendar days following the notification mailing of the results of the administrative review (Vehicle Code § 40215(b)). (c)An administrative hearing shall be held within 90 calendar days following the receipt of a request for an administrative hearing, excluding time tolled pursuant to Vehicle Code § 40200 - 40225. The person requesting the hearing may request one continuance, not to exceed 21 calendar days (Vehicle Code § 40215). (d)Registered owners of vehicles may transfer responsibility for the violation via timely affidavit of non-liability when the vehicle has been transferred, rented or under certain other circumstances (Vehicle Code § 40209; Vehicle Code § 40210). 517.8 JUVENILE CITATIONS Completion of traffic citation forms for juveniles may vary slightly from the procedure for adults. The juvenile’s age, place of residency, and the type of offense should be considered before issuing the juvenile a citation. Policy 521 San Luis Obispo Police Department San Luis Obispo PD CA Policy Manual Copyright Lexipol, LLC 2019/01/24, All Rights Reserved. Published with permission by San Luis Obispo Police Department Disabled Vehicles - 391 Disabled Vehicles 521.1 PURPOSE AND SCOPE Vehicle Code § 20018 provides that all law enforcement agencies having responsibility for traffic enforcement may develop and adopt a written policy to provide assistance to motorists in disabled vehicles within their primary jurisdiction. 521.2 OFFICER RESPONSIBILITY When an on-duty officer observes a disabled vehicle on the roadway, the officer should make a reasonable effort to provide assistance. If that officer is assigned to a call of higher priority, the dispatcher should be advised of the location of the disabled vehicle and the need for assistance. The dispatcher should then assign another available officer to respond for assistance as soon as practical. 521.3 EXTENT OF ASSISTANCE In most cases, a disabled motorist will require assistance. After arrangements for assistance are made, continued involvement by department personnel will be contingent on the time of day, the location, the availability of department resources, and the vulnerability of the disabled motorist. 521.3.1 MECHANICAL REPAIRS Department personnel shall not make mechanical repairs to a disabled vehicle. The use of push bumpers to relocate vehicles to a position of safety is not considered a mechanical repair. 521.3.2 RELOCATION OF DISABLED VEHICLES The relocation of disabled vehicles by members of this department by pushing or pulling a vehicle should only occur when the conditions reasonably indicate that immediate movement is necessary to reduce a hazard presented by the disabled vehicle. 521.3.3 RELOCATION OF DISABLED MOTORIST The relocation of a disabled motorist should only occur with the person’s consent and should be suggested when conditions reasonably indicate that immediate movement is necessary to mitigate a potential hazard. The department member may stay with the disabled motorist or transport him/ her to a safe area to await pickup. Policy 523 San Luis Obispo Police Department San Luis Obispo PD CA Policy Manual Copyright Lexipol, LLC 2019/01/24, All Rights Reserved. Published with permission by San Luis Obispo Police Department Overnight Camping Parking Violations - 392 Overnight Camping Parking Violations 523.1 PURPOSE AND SCOPE This policy provides for the identification, notification, and citation procedures for vehicles used for overnight camping as described in the San Luis Obispo Municpal Code Section 10.34.020 Policy 525 San Luis Obispo Police Department San Luis Obispo PD CA Policy Manual Copyright Lexipol, LLC 2019/01/24, All Rights Reserved. Published with permission by San Luis Obispo Police Department 72-Hour Parking Violations - 393 72-Hour Parking Violations 525.1 PURPOSE AND SCOPE This policy provides procedures for the marking, recording, and storage of vehicles parked in violation of the Name of your jurisdiction: City Ordinance regulating 72-hour parking violations and abandoned vehicles under the authority of Vehicle Code § 22669. 525.2 MARKING VEHICLES Vehicles suspected of being in violation of the City of Name of your jurisdiction: 72-Hour Parking Ordinance shall be marked and noted on the Name of your jurisdiction: Police Department 72 hour Vehicle Card. A visible chalk mark should be placed on a tire, visible from the roadway unless missing tires or other vehicle conditions prevent marking. A copy of the Marked Vehicle Card shall be left on the vehicle being marked. All 72 hour Vehicle Cards shall be submitted to Dispatch for computer data entry. If a marked vehicle has been moved or the markings have been removed during a 72-hour period, the vehicle may be marked again for the 72-hour parking violation and a new 72 hour Vehicle Card completed and forwarded to the designated personnel. 525.2.1 MARKED VEHICLE FILE The designated personnel shall be responsible for maintaining a file and follow up for all 72 hour Marked Vehicle Cards. 525.2.2 VEHICLE STORAGE Any vehicle in violation shall be stored by the authorized towing service and a vehicle storage report shall be completed by the officer authorizing the storage of the vehicle. It shall be the responsibility ofThe Communications Center to immediately notify the Stolen Vehicle System (SVS) of the Department of Justice in Sacramento ( Vehicle Code § 22851.3(b)). Notification may also be made to the National Law Enforcement Telecommunications System (NLETS)(Vehicle Code § 22854.5).The storage report form shall be submitted to the Records Bureauas soon as practical following the storage of the vehicle. Within 48 hours of the storage of any such vehicle, excluding weekends and holidays, it shall be the responsibility of the Records Bureau to determine the names and addresses of any individuals having an interest in the vehicle through DMV or CLETS computers. Notice to all such individuals shall be sent first-class or certified mail pursuant to Vehicle Code § 22851.3(d). San Luis Obispo Police Department San Luis Obispo PD CA Policy Manual Copyright Lexipol, LLC 2019/01/24, All Rights Reserved. Published with permission by San Luis Obispo Police Department Investigation Operations - 394 Chapter 6 - Investigation Operations Policy 600 San Luis Obispo Police Department San Luis Obispo PD CA Policy Manual Copyright Lexipol, LLC 2019/01/24, All Rights Reserved. Published with permission by San Luis Obispo Police Department Investigation and Prosecution - 395 Investigation and Prosecution 600.1 PURPOSE AND SCOPE The purpose of this policy is to set guidelines and requirements pertaining to the handling and disposition of criminal investigations. 600.2 POLICY It is the policy of the San Luis Obispo Police Department to investigate crimes thoroughly and with due diligence, and to evaluate and prepare criminal cases for appropriate clearance or submission to a prosecutor. 600.3 INITIAL INVESTIGATION 600.3.1 OFFICER RESPONSIBILITIES An officer responsible for an initial investigation shall complete no less than the following: (a)Make a preliminary determination of whether a crime has been committed by completing, at a minimum: 1.An initial statement from any witnesses or complainants. 2.A cursory examination for evidence. (b)If information indicates a crime has occurred, the officer shall: 1.Preserve the scene and any evidence as required to complete the initial and follow-up investigation. 2.Determine if additional investigative resources (e.g., investigators or scene processing) are necessary and request assistance as required. 3.If assistance is warranted, or if the incident is not routine, notify a supervisor or the Watch Commander. 4.Make reasonable attempts to locate, identify and interview all available victims, complainants, witnesses and suspects. 5.Collect any evidence. 6.Take any appropriate law enforcement action. 7.Complete and submit the appropriate reports and documentation. (c)If the preliminary determination is that no crime occurred, determine what other action may be necessary, what other resources may be available, and advise the informant or complainant of this information. 600.4 CUSTODIAL INTERROGATION REQUIREMENTS Suspects who are in custody and subjected to an interrogation shall be given the Miranda warning, unless an exception applies. Interview or interrogation of a juvenile shall be in accordance with the Temporary Custody of Juveniles Policy. San Luis Obispo Police Department San Luis Obispo PD CA Policy Manual Investigation and Prosecution Copyright Lexipol, LLC 2019/01/24, All Rights Reserved. Published with permission by San Luis Obispo Police Department Investigation and Prosecution - 396 600.4.1 AUDIO/VIDEO RECORDINGS Any custodial interrogation of an individual who is suspected of having committed any violent felony offense should be recorded (audio or video with audio as available) in its entirety. Regardless of where the interrogation occurs, every reasonable effort should be made to secure functional recording equipment to accomplish such recordings. Consideration should also be given to recording a custodial interrogation, or any investigative interview, for any other offense when it is reasonable to believe it would be appropriate and beneficial to the investigation and is otherwise allowed by law. No recording of a custodial interrogation should be destroyed or altered without written authorization from the prosecuting attorney and the Detective Bureau supervisor. Copies of recorded interrogations or interviews may be made in the same or a different format as the original recording, provided the copies are true, accurate and complete and are made only for authorized and legitimate law enforcement purposes. Recordings should not take the place of a thorough report and investigative interviews. Written statements from suspects should continue to be obtained when applicable. 600.4.2 MANDATORY RECORDING OF ADULTS Any custodial interrogation of an adult who is suspected of having committed any murder shall be recorded in its entirety. The recording should be video with audio if reasonably feasible (Penal Code § 859.5). This recording is not mandatory when (Penal Code § 859.5): (a)Recording is not feasible because of exigent circumstances that are later documented in a report. (b)The suspect refuses to have the interrogation recorded, including a refusal any time during the interrogation, and the refusal is documented in a report. If feasible, the refusal shall be electronically recorded. (c)The custodial interrogation occurred in another state by law enforcement officers of that state, unless the interrogation was conducted with the intent to avoid the requirements of Penal Code § 859.5. (d)The interrogation occurs when no member conducting the interrogation has a reason to believe that the individual may have committed murder. Continued custodial interrogation concerning that offense shall be electronically recorded if the interrogating member develops a reason to believe the individual committed murder. (e)The interrogation would disclose the identity of a confidential informant or would jeopardize the safety of an officer, the individual being interrogated or another individual. Such circumstances shall be documented in a report. (f)A recording device fails despite reasonable maintenance and the timely repair or replacement is not feasible. (g)The questions are part of a routine processing or booking, and are not an interrogation. San Luis Obispo Police Department San Luis Obispo PD CA Policy Manual Investigation and Prosecution Copyright Lexipol, LLC 2019/01/24, All Rights Reserved. Published with permission by San Luis Obispo Police Department Investigation and Prosecution - 397 (h)The suspect is in custody for murder and the interrogation is unrelated to a murder. However, if any information concerning a murder is mentioned during the interrogation, the remainder of the interrogation shall be recorded. The Department shall maintain an original or an exact copy of the recording until a conviction relating to the interrogation is final and all appeals are exhausted or prosecution is barred by law (Penal Code § 859.5). 600.5 DISCONTINUATION OF INVESTIGATIONS The investigation of a criminal case or efforts to seek prosecution should only be discontinued if one of the following applies: (a)All reasonable investigative efforts have been exhausted, no reasonable belief that the person who committed the crime can be identified, and the incident has been documented appropriately. (b)The perpetrator of a misdemeanor has been identified and a warning is the most appropriate disposition. 1.In these cases, the investigator shall document that the person was warned and why prosecution was not sought. 2.Warnings shall not be given for felony offenses or other offenses identified in this policy or by law that require an arrest or submission of a case to a prosecutor. (c)The case has been submitted to the appropriate prosecutor but no charges have been filed. Further investigation is not reasonable nor has the prosecutor requested further investigation. (d)The case has been submitted to the appropriate prosecutor, charges have been filed, and further investigation is not reasonable, warranted or requested, and there is no need to take the suspect into custody. (e)Suspects have been arrested, there are no other suspects, and further investigation is either not warranted or requested. (f)Investigation has proven that a crime was not committed (see the Sexual Assault Investigations Policy for special considerations in these cases). The Domestic Violence, Child Abuse Sexual Assault Investigations and Adult Abuse policies may also require an arrest or submittal of a case to a prosecutor. 600.6 COMPUTERS AND DIGITAL EVIDENCE The collection, preservation, transportation and storage of computers, cell phones and other digital devices may require specialized handling to preserve the value of the related evidence. If it is anticipated that computers or similar equipment will be seized, officers should request that computer forensic examiners assist with seizing computers and related evidence. If a forensic examiner is unavailable, officers should take reasonable steps to prepare for such seizure and use the resources that are available. San Luis Obispo Police Department San Luis Obispo PD CA Policy Manual Investigation and Prosecution Copyright Lexipol, LLC 2019/01/24, All Rights Reserved. Published with permission by San Luis Obispo Police Department Investigation and Prosecution - 398 600.7 INVESTIGATIVE USE OF SOCIAL MEDIA AND INTERNET SOURCES Use of social media and any other Internet source to access information for the purpose of criminal investigation shall comply with applicable laws and policies regarding privacy, civil rights and civil liberties. Information gathered via the Internet should only be accessed by members while on-duty and for purposes related to the mission of this department. If a member encounters information relevant to a criminal investigation while off-duty or while using his/her own equipment, the member should note the dates, times and locations of the information and report the discovery to his/her supervisor as soon as practicable. The member, or others who have been assigned to do so, should attempt to replicate the finding when on-duty and using department equipment. Information obtained via the Internet should not be archived or stored in any manner other than department-established record keeping systems (see the Records Maintenance and Release and the Criminal Organizations policies). 600.7.1 ACCESS RESTRICTIONS Information that can be accessed from any department computer, without the need of an account, password, email address, alias or other identifier (unrestricted websites), may be accessed and used for legitimate investigative purposes without supervisory approval. Accessing information from any Internet source that requires the use or creation of an account, password, email address, alias or other identifier, or the use of nongovernment IP addresses, requires supervisor approval prior to access. The supervisor will review the justification for accessing the information and consult with legal counsel as necessary to identify any policy or legal restrictions. Any such access and the supervisor approval shall be documented in the related investigative report. Accessing information that requires the use of a third party’s account or online identifier requires supervisor approval and the consent of the third party. The consent must be voluntary and shall be documented in the related investigative report. Information gathered from any Internet source should be evaluated for its validity, authenticity, accuracy and reliability. Corroborative evidence should be sought and documented in the related investigative report. Any information collected in furtherance of an investigation through an Internet source should be documented in the related report. Documentation should include the source of information and the dates and times that the information was gathered. 600.7.2 INTERCEPTING ELECTRONIC COMMUNICATION Intercepting social media communications in real time may be subject to federal and state wiretap laws. Officers should seek legal counsel before any such interception. 600.8 CELLULAR COMMUNICATIONS INTERCEPTION TECHNOLOGY The Investigation Bureau Commander is responsible for ensuring the following for cellular communications interception technology operations (Government Code § 53166): San Luis Obispo Police Department San Luis Obispo PD CA Policy Manual Investigation and Prosecution Copyright Lexipol, LLC 2019/01/24, All Rights Reserved. Published with permission by San Luis Obispo Police Department Investigation and Prosecution - 399 (a)Security procedures are developed to protect information gathered through the use of the technology. (b)A usage and privacy policy is developed that includes: 1.The purposes for which using cellular communications interception technology and collecting information is authorized. 2.Identification by job title or other designation of employees who are authorized to use or access information collected through the use of cellular communications interception technology. 3.Training requirements necessary for those authorized employees. 4.A description of how the Department will monitor the use of its cellular communications interception technology to ensure the accuracy of the information collected and compliance with all applicable laws. 5.Process and time period system audits. 6.Identification of the existence of any memorandum of understanding or other agreement with any other local agency or other party for the shared use of cellular communications interception technology or the sharing of information collected through its use, including the identity of signatory parties. 7.The purpose of, process for and restrictions on the sharing of information gathered through the use of cellular communications interception technology with other local agencies and persons. 8.The length of time information gathered through the use of cellular communications interception technology will be retained, and the process the local agency will utilize to determine if and when to destroy retained information. Members shall only use approved devices and usage shall be in compliance with department security procedures, the department’s usage and privacy procedures and all applicable laws. Policy 602 San Luis Obispo Police Department San Luis Obispo PD CA Policy Manual Copyright Lexipol, LLC 2019/01/24, All Rights Reserved. Published with permission by San Luis Obispo Police Department Sexual Assault Investigations - 400 Sexual Assault Investigations 602.1 PURPOSE AND SCOPE The purpose of this policy is to establish guidelines for the investigation of sexual assaults. These guidelines will address some of the unique aspects of such cases and the effects that these crimes have on the victims. Mandatory notifications requirements are addressed in the Child Abuse and Adult Abuse policies. 602.1.1 DEFINITIONS Definitions related to this policy include: Sexual assault - Any crime or attempted crime of a sexual nature, to include, but not limited to, offenses defined in Penal Code § 243.4, Penal Code § 261 et seq., and Penal Code § 285 et seq. Sexual Assault Response Team (SART) - A multidisciplinary team generally comprised of advocates; law enforcement officers; forensic medical examiners, including sexual assault forensic examiners (SAFEs) or sexual assault nurse examiners (SANEs) if possible; forensic laboratory personnel; and prosecutors. The team is designed to coordinate a broad response to sexual assault victims. 602.2 POLICY It is the policy of the San Luis Obispo Police Department that its members, when responding to reports of sexual assaults, will strive to minimize the trauma experienced by the victims, and will aggressively investigate sexual assaults, pursue expeditious apprehension and conviction of perpetrators, and protect the safety of the victims and the community. 602.3 QUALIFIED INVESTIGATORS Qualified investigators should be available for assignment of sexual assault investigations. These investigators should: (a)Have specialized training in, and be familiar with, interview techniques and the medical and legal issues that are specific to sexual assault investigations. (b)Conduct follow-up interviews and investigation. (c)Present appropriate cases of alleged sexual assault to the prosecutor for review. (d)Coordinate with other enforcement agencies, social service agencies and medical personnel as needed. (e)Provide referrals to therapy services, victim advocates and support for the victim. (f)Participate in or coordinate with SART. San Luis Obispo Police Department San Luis Obispo PD CA Policy Manual Sexual Assault Investigations Copyright Lexipol, LLC 2019/01/24, All Rights Reserved. Published with permission by San Luis Obispo Police Department Sexual Assault Investigations - 401 602.4 REPORTING In all reported or suspected cases of sexual assault, a report should be written and assigned for follow-up investigation. This includes incidents in which the allegations appear unfounded or unsubstantiated. 602.5 VICTIM INTERVIEWS The primary considerations in sexual assault investigations, which begin with the initial call to the Communications Center, should be the health and safety of the victim, the preservation of evidence, and preliminary interviews to determine if a crime has been committed and to attempt to identify the suspect. Whenever possible, a member of SART should be included in the initial victim interviews. An in-depth follow-up interview should not be conducted until after the medical and forensic examinations are completed and the personal needs of the victim have been met (e.g., change of clothes, bathing). The follow-up interview may be delayed to the following day based upon the circumstances. Whenever practicable, the follow-up interview should be conducted by a qualified investigator. No opinion of whether the case is unfounded shall be included in the report. Victims shall not be asked or required to take a polygraph examination (34 USC § 10451; Penal Code § 637.4). Victims should be apprised of applicable victim’s rights provisions, as outlined in the Victim and Witness Assistance Policy. 602.5.1 VICTIM RIGHTS Whenever there is an alleged sexual assault, the assigned officer shall accomplish the following: (a)Advise the victim in writing of the right to have a victim advocate and a support person of the victim's choosing present at any interview or contact by law enforcement, any other rights of a sexual assault victim pursuant to Penal Code § 680.2 and the right to have a person of the same or opposite gender present in the room during any interview with a law enforcement official unless no such person is reasonably available (Penal Code § 679.04). (b)If the victim is transported to a hospital for any medical evidentiary or physical examination, the officer shall immediately cause the local rape victim counseling center to be notified (Penal Code § 264.2). 1.The officer shall not discourage a victim from receiving a medical evidentiary or physical examination (Penal Code § 697.04). 2.A support person may be excluded from the examination by the officer or the medical provider if his/her presence would be detrimental to the purpose of the examination (Penal Code § 264.2). San Luis Obispo Police Department San Luis Obispo PD CA Policy Manual Sexual Assault Investigations Copyright Lexipol, LLC 2019/01/24, All Rights Reserved. Published with permission by San Luis Obispo Police Department Sexual Assault Investigations - 402 602.5.2 VICTIM CONFIDENTIALITY Officers investigating or receiving a report of an alleged sex offense shall inform the victim, or the victim’s parent or guardian if the victim is a minor, that his/her name will become a matter of public record unless the victim requests that his/her name not be made public. The reporting officer shall document in his/her report that the victim was properly informed and shall include any related response made by the victim, or if a minor, any response made by the victim’s parent or guardian (Penal Code § 293). Except as authorized by law, members of this department shall not publicly disclose the name of any victim of a sex crime who has exercised his/her right to confidentiality (Penal Code § 293). 602.6 COLLECTION AND TESTING OF BIOLOGICAL EVIDENCE Whenever possible, a SART member should be involved in the collection of forensic evidence from the victim. When the facts of the case indicate that collection of biological evidence is warranted, it should be collected regardless of how much time has elapsed since the reported assault. If a drug-facilitated sexual assault is suspected, urine and blood samples should be collected from the victim as soon as practicable. Subject to requirements set forth in this policy, biological evidence from all sexual assault cases, including cases where the suspect is known by the victim, should be submitted for testing. Victims who choose not to assist with an investigation, do not desire that the matter be investigated or wish to remain anonymous may still consent to the collection of evidence under their control. In these circumstances, the evidence should be collected and stored appropriately. 602.6.1 COLLECTION AND TESTING REQUIREMENTS Members investigating a sexual assault offense should take every reasonable step to ensure that DNA testing of such evidence is performed in a timely manner and within the time periods prescribed by Penal Code § 803(g). Generally, rape kits should be submitted to the crime lab within 20 days after being booked into evidence (Penal Code § 680). In order to maximize the effectiveness of such testing and identify the perpetrator of any sexual assault, the assigned officer shall ensure that an information profile for the sexual assault kit evidence has been created in the California Department of Justice (DOJ) SAFE-T database within 120 days of collection and should further ensure that the results of any such test have been timely entered into and checked against both the DOJ Cal-DNA database and the Combined DNA Index System (CODIS) (Penal Code § 680.3). If the assigned officer determines that a kit submitted to a private laboratory for analysis has not been tested within 120 days after submission, the officer shall update the SAFE-T database to reflect the reason for the delay in testing. The assigned officer shall continue to update the status every 120 days thereafter until the evidence has been analyzed or the statute of limitations has run (Penal Code § 680.3). San Luis Obispo Police Department San Luis Obispo PD CA Policy Manual Sexual Assault Investigations Copyright Lexipol, LLC 2019/01/24, All Rights Reserved. Published with permission by San Luis Obispo Police Department Sexual Assault Investigations - 403 If, for any reason, DNA evidence in a sexual assault case in which the identity of the perpetrator is in issue and is not going to be analyzed within 18 months of the crime, the assigned officer shall notify the victim of such fact in writing no less than 60 days prior to the expiration of the 18- month period (Penal Code § 680(d)). Additional guidance regarding evidence retention and destruction is found in the Property and Evidence Policy. 602.6.2 DNA TEST RESULTS A SART member should be consulted regarding the best way to deliver biological testing results to a victim so as to minimize victim trauma, especially in cases where there has been a significant delay in getting biological testing results (e.g., delays in testing the evidence or delayed DNA databank hits). Members should make reasonable efforts to assist the victim by providing available information on local assistance programs and organizations as provided in the Victim and Witness Assistance Policy. (a)Upon receipt of a written request from a sexual assault victim or the victim’s authorized designee, members investigating sexual assault cases shall inform the victim of the status of the DNA testing of any evidence from the victim’s case (Penal Code § 680). 1.Although such information may be communicated orally, the assigned officer should thereafter follow-up with and retain a copy of confirmation by either written or electronic mail. 2.Absent a written request, no member of this department is required to, but may, communicate with the victim or the victim’s authorized designee regarding the status of any DNA testing. (b)Subject to the commitment of sufficient resources to respond to requests for information, sexual assault victims shall further have the following rights (Penal Code § 680): 1.To be informed if a DNA profile of the assailant was obtained from the testing of the rape kit or other crime scene evidence from their case. 2.To be informed if there is a match between the DNA profile of the assailant developed from the evidence and a DNA profile contained in the DOJ Convicted Offender DNA Database, providing that disclosure would not impede or compromise an ongoing investigation. 3.To be informed if the DNA profile of the assailant developed from the evidence has been entered into the DOJ Databank of case evidence. (c)Provided that the sexual assault victim or the victim’s authorized designee has kept the assigned officer informed with regard to current address, telephone number and email address (if available), any victim or the victim’s authorized designee shall, upon request, be advised of any known significant changes regarding the victim’s case (Penal Code § 680). San Luis Obispo Police Department San Luis Obispo PD CA Policy Manual Sexual Assault Investigations Copyright Lexipol, LLC 2019/01/24, All Rights Reserved. Published with permission by San Luis Obispo Police Department Sexual Assault Investigations - 404 1.Although such information may be communicated orally, the assigned officer should thereafter follow-up with and retain a copy of confirmation by either written or electronic mail. 2.No officer shall be required or expected to release any information which might impede or compromise any ongoing investigation. 602.7 DISPOSITION OF CASES If the assigned investigator has reason to believe the case is without merit, the case may be classified as unfounded only upon review and approval of the Detective Bureau supervisor. Classification of a sexual assault case as unfounded requires the Detective Bureau supervisor to determine that the facts have significant irregularities with reported information and that the incident could not have happened as it was reported. When a victim has recanted his/her original statement, there must be corroborating evidence that the allegations were false or baseless (i.e., no crime occurred) before the case should be determined as unfounded. 602.8 CASE REVIEW The Detective Bureau supervisor should ensure case dispositions are reviewed on a periodic basis, at least annually, using an identified group that is independent of the investigation process. The reviews should include an analysis of: •Case dispositions. •Decisions to collect biological evidence. •Submissions of biological evidence for lab testing. The SART and/or victim advocates should be considered for involvement in this audit. Summary reports on these reviews should be forwarded through the chain of command to the Chief of Police. 602.9 RELEASING INFORMATION TO THE PUBLIC In cases where the perpetrator is not known to the victim, and especially if there are multiple crimes where more than one appear to be related, consideration should be given to releasing information to the public whenever there is a reasonable likelihood that doing so may result in developing helpful investigative leads. The Detective Bureau supervisor should weigh the risk of alerting the suspect to the investigation with the need to protect the victim and the public, and to prevent more crimes. 602.10 TRAINING Subject to available resources, periodic training will be provided to: (a)Members who are first responders. Training should include: 1.Initial response to sexual assaults. 2.Legal issues. San Luis Obispo Police Department San Luis Obispo PD CA Policy Manual Sexual Assault Investigations Copyright Lexipol, LLC 2019/01/24, All Rights Reserved. Published with permission by San Luis Obispo Police Department Sexual Assault Investigations - 405 3.Victim advocacy. 4.Victim’s response to trauma. (b)Qualified investigators who should receive advanced training on additional topics. Advanced training should include: 1.Interviewing sexual assault victims. 2.SART. 3.Medical and legal aspects of sexual assault investigations. 4.Serial crimes investigations. 5.Use of community and other federal and state investigative resources, such as the Violent Criminal Apprehension Program (ViCAP). 6.Techniques for communicating with victims to minimize trauma. Policy 606 San Luis Obispo Police Department San Luis Obispo PD CA Policy Manual Copyright Lexipol, LLC 2019/01/24, All Rights Reserved. Published with permission by San Luis Obispo Police Department Asset Forfeiture - 406 Asset Forfeiture 606.1 PURPOSE AND SCOPE This policy describes the authority and procedure for the seizure, forfeiture and liquidation of property associated with designated offenses. 606.1.1 DEFINITIONS Definitions related to this policy include: Fiscal agent - The person designated by the Chief of Police to be responsible for securing and maintaining seized assets and distributing any proceeds realized from any forfeiture proceedings. This includes any time the San Luis Obispo Police Department seizes property for forfeiture or when the San Luis Obispo Police Department is acting as the fiscal agent pursuant to a multi- agency agreement. Forfeiture - The process by which legal ownership of an asset is transferred to a government or other authority. Forfeiture reviewer - The department member assigned by the Chief of Police who is responsible for reviewing all forfeiture cases and for acting as the liaison between the Department and the assigned attorney. Property subject to forfeiture - The following may be subject to forfeiture: (a)Property related to a narcotics offense, which includes (Heath and Safety Code § 11470; Health and Safety Code § 11470.1): 1.Property (not including real property or vehicles) used, or intended for use, as a container for controlled substances, materials to manufacture controlled substances, etc. 2.Interest in a vehicle (car, boat, airplane, other vehicle) used to facilitate the manufacture, possession for sale or sale of specified quantities of controlled substances. 3.Money, negotiable instruments, securities or other things of value furnished or intended to be furnished by any person in exchange for a controlled substance, proceeds traceable to an exchange, etc. 4.Real property when the owner is convicted of violating Health and Safety Code § 11366, Health and Safety Code § 11366.5 or Health and Safety Code § 11366.6 (drug houses) when the property was not used as a family residence or for other lawful purposes, or property owned by two or more persons, one of whom had no knowledge of its unlawful use. 5.The expenses of seizing, eradicating, destroying or taking remedial action with respect to any controlled substance or its precursors upon conviction for the unlawful manufacture or cultivation of any controlled substance or its precursors. San Luis Obispo Police Department San Luis Obispo PD CA Policy Manual Asset Forfeiture Copyright Lexipol, LLC 2019/01/24, All Rights Reserved. Published with permission by San Luis Obispo Police Department Asset Forfeiture - 407 (b)Property related to criminal profiteering (may include gang crimes), to include (Penal Code § 186.2; Penal Code § 186.3): 1.Any property interest, whether tangible or intangible, acquired through a pattern of criminal profiteering activity. 2.All proceeds acquired through a pattern of criminal profiteering activity, including all things of value that may have been received in exchange for the proceeds immediately derived from the pattern of criminal profiteering activity. Seizure - The act of law enforcement officials taking property, cash or assets that have been used in connection with or acquired by specified illegal activities. 606.2 POLICY The San Luis Obispo Police Department recognizes that appropriately applied forfeiture laws are helpful to enforce the law, deter crime and reduce the economic incentive of crime. However, the potential for revenue should never compromise the effective investigation of criminal offenses, officer safety or any person’s due process rights. It is the policy of the San Luis Obispo Police Department that all members, including those assigned to internal or external law enforcement task force operations, shall comply with all state and federal laws pertaining to forfeiture. 606.3 ASSET SEIZURE Property may be seized for forfeiture as provided in this policy. 606.3.1 PROPERTY SUBJECT TO SEIZURE The following may be seized upon review and approval of a supervisor and in coordination with the forfeiture reviewer: (a)Property subject to forfeiture authorized for seizure under the authority of a search warrant or court order. (b)Property subject to forfeiture not authorized for seizure under the authority of a search warrant or court order when any of the following apply (Health and Safety Code § 11471; Health and Safety Code § 11488): 1.The property subject to forfeiture is legally seized incident to an arrest. 2.There is probable cause to believe that the property was used or is intended to be used in a violation of the Uniform Controlled Substances Act and the seizing officer can articulate a nexus between the property and the controlled substance offense that would lead to the item being property subject for forfeiture. Officers aware of assets that may be forfeitable as a result of criminal profiteering or human trafficking should consider contacting the district attorney regarding a court order to protect the assets (Penal Code § 186.6; Penal Code § 236.6). San Luis Obispo Police Department San Luis Obispo PD CA Policy Manual Asset Forfeiture Copyright Lexipol, LLC 2019/01/24, All Rights Reserved. Published with permission by San Luis Obispo Police Department Asset Forfeiture - 408 Whenever practicable, a search warrant or court order for seizure prior to making a seizure is the preferred method. A large amount of money standing alone is insufficient to establish the probable cause required to make a seizure. 606.3.2 PROPERTY NOT SUBJECT TO SEIZURE The following property should not be seized for forfeiture: (a)Cash and property that does not meet the forfeiture counsel’s current minimum forfeiture thresholds should not be seized. (b)Real property is not subject to seizure, absent exigent circumstances, without a court order (Health and Safety Code § 11471). (c)A vehicle which may be lawfully driven on the highway if there is a community property interest in the vehicle by a person other than the suspect and the vehicle is the sole vehicle available to the suspect’s immediate family (Health and Safety Code § 11470). (d)Vehicles, boats or airplanes owned by an “innocent owner,” such as a common carrier with no knowledge of the suspected offense (Health and Safety Code § 11490). (e)Any property when the associated activity involves the possession of marijuana or related paraphernalia that is permissible under the Control, Regulate and Tax Adult Use of Marijuana Act (Health and Safety Code § 11362.1). 606.4 PROCESSING SEIZED PROPERTY FOR FORFEITURE PROCEEDINGS When property or cash subject to this policy is seized, the officer making the seizure should ensure compliance with the following: (a)Complete applicable seizure forms and present the appropriate copy to the person from whom the property is seized. If cash or property is seized from more than one person, a separate copy must be provided to each person, specifying the items seized. When property is seized and no one claims an interest in the property, the officer must leave the copy in the place where the property was found, if it is reasonable to do so. (b)Complete and submit a report and original seizure forms within 24 hours of the seizure, if practicable. (c)Forward the original seizure forms and related reports to the forfeiture reviewer within two days of seizure. The officer will book seized property as evidence with the notation in the comment section of the property form, “Seized Subject to Forfeiture.” Property seized subject to forfeiture should be booked on a separate property form. No other evidence from the case should be booked on this form. Photographs should be taken of items seized, particularly cash, jewelry and other valuable items. San Luis Obispo Police Department San Luis Obispo PD CA Policy Manual Asset Forfeiture Copyright Lexipol, LLC 2019/01/24, All Rights Reserved. Published with permission by San Luis Obispo Police Department Asset Forfeiture - 409 Officers who suspect property may be subject to seizure but are not able to seize the property (e.g., the property is located elsewhere, the whereabouts of the property is unknown, it is real estate, bank accounts, non-tangible assets) should document and forward the information in the appropriate report to the forfeiture reviewer. 606.5 MAINTAINING SEIZED PROPERTY The Property and Evidence Section Supervisor is responsible for ensuring compliance with the following: (a)All property received for forfeiture is reasonably secured and properly stored to prevent waste and preserve its condition. (b)All property received for forfeiture is checked to determine if the property has been stolen. (c)All property received for forfeiture is retained in the same manner as evidence until forfeiture is finalized or the property is returned to the claimant or the person with an ownership interest. (d)Property received for forfeiture is not used unless the forfeiture action has been completed. 606.6 FORFEITURE REVIEWER The Chief of Police will appoint an officer as the forfeiture reviewer. Prior to assuming duties, or as soon as practicable thereafter, the forfeiture reviewer should attend a department-approved course on asset forfeiture. The responsibilities of the forfeiture reviewer include: (a)Remaining familiar with forfeiture laws, particularly Health and Safety Code § 11469 et seq. and Penal Code § 186.2 et seq. and the forfeiture policies of the forfeiture counsel. (b)Serving as the liaison between the Department and the forfeiture counsel and ensuring prompt legal review of all seizures. (c)Making reasonable efforts to obtain annual training that includes best practices in pursuing, seizing and tracking forfeitures. (d)Ensuring that property seized under state law is not referred or otherwise transferred to a federal agency seeking the property for federal forfeiture as prohibited by Health and Safety Code § 11471.2. (e)Ensuring that responsibilities, including the designation of a fiscal agent, are clearly established whenever multiple agencies are cooperating in a forfeiture case. (f)Ensuring that seizure forms are available and appropriate for department use. These should include notice forms, a receipt form and a checklist that provides relevant San Luis Obispo Police Department San Luis Obispo PD CA Policy Manual Asset Forfeiture Copyright Lexipol, LLC 2019/01/24, All Rights Reserved. Published with permission by San Luis Obispo Police Department Asset Forfeiture - 410 guidance to officers. The forms should be available in languages appropriate for the region and should contain spaces for: 1.Names and contact information for all relevant persons and law enforcement officers involved. 2.Information as to how ownership or other property interests may have been determined (e.g., verbal claims of ownership, titles, public records). 3.A space for the signature of the person from whom cash or property is being seized. 4.A tear-off portion or copy, which should be given to the person from whom cash or property is being seized, that includes the legal authority for the seizure, information regarding the process to contest the seizure and a detailed description of the items seized. (g)Ensuring that officers who may be involved in asset forfeiture receive training in the proper use of the seizure forms and the forfeiture process. The training should be developed in consultation with the appropriate legal counsel and may be accomplished through traditional classroom education, electronic media, Daily Training Bulletins (DTBs) or Department Directives. The training should cover this policy and address any relevant statutory changes and court decisions. (h)Reviewing each asset forfeiture case to ensure that: 1.Written documentation of the seizure and the items seized is in the case file. 2.Independent legal review of the circumstances and propriety of the seizure is made in a timely manner. 3.Notice of seizure has been given in a timely manner to those who hold an interest in the seized property (Health and Safety Code § 11488.4). 4.Property is promptly released to those entitled to its return (Health and Safety Code § 11488.2). 5.All changes to forfeiture status are forwarded to any supervisor who initiates a forfeiture case. 6.Any cash received is deposited with the fiscal agent. 7.Assistance with the resolution of ownership claims and the release of property to those entitled is provided. 8.Current minimum forfeiture thresholds are communicated appropriately to officers. 9.This policy and any related policies are periodically reviewed and updated to reflect current federal and state statutes and case law. San Luis Obispo Police Department San Luis Obispo PD CA Policy Manual Asset Forfeiture Copyright Lexipol, LLC 2019/01/24, All Rights Reserved. Published with permission by San Luis Obispo Police Department Asset Forfeiture - 411 (i)Ensuring that a written plan that enables the Chief of Police to address any extended absence of the forfeiture reviewer, thereby ensuring that contact information for other law enforcement officers and attorneys who may assist in these matters is available. (j)Ensuring that the process of selling or adding forfeited property to the department’s regular inventory is in accordance with all applicable laws and consistent with the department’s use and disposition of similar property. (k)Keeping a manual that details the statutory grounds for forfeitures and department procedures related to asset forfeiture, including procedures for prompt notice to interest holders, the expeditious release of seized property, where appropriate, and the prompt resolution of claims of innocent ownership (Heath and Safety Code § 11469). (l)Providing copies of seized business records to the person or business from whom such records were seized, when requested (Heath and Safety Code §11471). (m)Notifying the California Franchise Tax Board when there is reasonable cause to believe that the value of seized property exceeds $5,000.00 (Health and Safety Code § 11471.5). Forfeiture proceeds should be maintained in a separate fund or account subject to appropriate accounting control, with regular reviews or audits of all deposits and expenditures. Forfeiture reporting and expenditures should be completed in the manner prescribed by the law and City financial directives (Health and Safety Code § 11495). 606.7 DISPOSITION OF FORFEITED PROPERTY Forfeited funds distributed under Health and Safety Code § 11489 et seq. shall only be used for purposes allowed by law, but in no case shall a peace officer’s employment or salary depend upon the level of seizures or forfeitures he/she achieves (Heath and Safety Code § 11469). The Department may request a court order so that certain uncontaminated science equipment is relinquished to a school or school district for science classroom education in lieu of destruction (Health and Safety Code § 11473; Health and Safety Code § 11473.5). 606.7.1 RECEIVING EQUITABLE SHARES When participating in a joint investigation with a federal agency, the San Luis Obispo Police Department shall not receive an equitable share from the federal agency of all or a portion of the forfeiture proceeds absent either a required conviction under Health and Safety Code § 11471.2 or the flight, death or willful failure to appear of the defendant. This does not apply to forfeited cash or negotiable instruments of $40,000 or more. 606.8 CLAIM INVESTIGATIONS An investigation shall be made as to any claimant of a vehicle, boat or airplane whose right, title, interest or lien is on the record in the Department of Motor Vehicles or in an appropriate federal agency. If investigation reveals that any person, other than the registered owner, is the legal San Luis Obispo Police Department San Luis Obispo PD CA Policy Manual Asset Forfeiture Copyright Lexipol, LLC 2019/01/24, All Rights Reserved. Published with permission by San Luis Obispo Police Department Asset Forfeiture - 412 owner, and that ownership did not arise subsequent to the date and time of arrest or notification of the forfeiture proceedings or seizure of the vehicle, boat or airplane, notice shall be made to the legal owner at his/her address appearing on the records of the Department of Motor Vehicles or the appropriate federal agency (Health and Safety Code § 11488.4). Policy 608 San Luis Obispo Police Department San Luis Obispo PD CA Policy Manual Copyright Lexipol, LLC 2019/01/24, All Rights Reserved. Published with permission by San Luis Obispo Police Department Informants - 413 Informants 608.1 PURPOSE AND SCOPE The purpose of this policy is to provide guidelines for the use of informants. 608.1.1 DEFINITIONS Definitions related to this policy include: Informant - A person who covertly interacts with other individuals or suspects at the direction of, request of, or by agreement with, the San Luis Obispo Police Department for law enforcement purposes. This also includes a person agreeing to supply information to the San Luis Obispo Police Department for a benefit (e.g., a quid pro quo in the form of a reduced criminal penalty, money). 608.2 INFORMANT FILE SYSTEM The SET Supervisor or his/her designee shall be responsible for maintaining informant files. A separate file shall be maintained on each confidential informant. 608.2.1 FILE SYSTEM PROCEDURE Each file shall be coded with an assigned informant control number. An informant history shall be prepared to correspond to each informant file and include the following information: (a)Informant's name and/or aliases (b)Date of birth (c)Physical description: height, weight, hair color, eye color, race, sex, scars, tattoos or other distinguishing features (d)Current home address and telephone numbers (e)Current employer(s), position, address(es) and telephone numbers (f)Vehicles owned and registration information (g)Places frequented (h)Informant's photograph (i)Briefs of information provided by the informant and his or her subsequent reliability. If an informant is determined to be unreliable, the informant's file is marked as "Unreliable" (j)Name of officer initiating use of the informant (k)Signed informant agreement (l)Update on active or inactive status of informant The informant files shall be maintained in a secure area within the SET office. These files shall be used to provide a source of background information about the informant, enable review and San Luis Obispo Police Department San Luis Obispo PD CA Policy Manual Informants Copyright Lexipol, LLC 2019/01/24, All Rights Reserved. Published with permission by San Luis Obispo Police Department Informants - 414 evaluation of information given by the informant, and minimize incidents that could be used to question the integrity of detectives or the reliability of the confidential informant. Access to the informant files shall be restricted to the Chief of Police, a Bureau Captain, Investigations Lieutenant, SET Supervisor, or their designees. 608.3 USE OF INFORMANTS Before using an individual as a confidential informant, an officer must receive approval from the SET Supervisor. The officer shall compile sufficient information through a background investigation in order to determine the reliability, credibility and suitability, of the individual, including age, maturity and risk of physical harm. 608.3.1 JUVENILE INFORMANTS The use of juvenile informants under the age of 13-years is prohibited. Except as provided for in the enforcement of the Tobacco Enforcement Act, Business & Professions Code §§ 22950, et seq., the use of any juvenile informant between the ages of 13 and 18-years is only authorized by court order obtained pursuant to Penal Code § 701.5. For purposes of this policy, a "juvenile informant" means any juvenile who participates, on behalf of this department, in a prearranged transaction or series of prearranged transactions with direct face-to-face contact with any party, when the juvenile's participation in the transaction is for the purpose of obtaining or attempting to obtain evidence of illegal activity by a third party and where the juvenile is participating in the transaction for the purpose of reducing or dismissing a pending juvenile petition against the juvenile. 608.4 POLICY The San Luis Obispo Police Department recognizes the value of informants to law enforcement efforts and will strive to protect the integrity of the informant process. It is the policy of this department that all funds related to informant payments will be routinely audited and that payments to informants will be made according to the criteria outlined in this policy. 608.5 INFORMANT INTEGRITY To maintain the integrity of the informant process, the following must be adhered to: (a)The identity of an informant acting in a confidential capacity shall not be withheld from the Chief of Police, Bureau Commander, Special Enforcement Team supervisor or their authorized designees. 1.Identities of informants acting in a confidential capacity shall otherwise be kept confidential. (b)Criminal activity by informants shall not be condoned. (c)Informants shall be told they are not acting as police officers, employees or agents of the San Luis Obispo Police Department, and that they shall not represent themselves as such. San Luis Obispo Police Department San Luis Obispo PD CA Policy Manual Informants Copyright Lexipol, LLC 2019/01/24, All Rights Reserved. Published with permission by San Luis Obispo Police Department Informants - 415 (d)The relationship between department members and informants shall always be ethical and professional. 1.Members shall not become intimately involved with an informant. 2.Social contact shall be avoided unless it is necessary to conduct an official investigation, and only with prior approval of the Special Enforcement Team supervisor. 3.Members shall neither solicit nor accept gratuities or engage in any private business transaction with an informant. (e)Officers shall not meet with informants in a private place unless accompanied by at least one additional officer or with prior approval of the Special Enforcement Team supervisor. 1.Officers may meet informants alone in an occupied public place, such as a restaurant. (f)When contacting informants for the purpose of making payments, officers shall arrange for the presence of another officer. (g)In all instances when department funds are paid to informants, a voucher shall be completed in advance, itemizing the expenses. (h)Since the decision rests with the appropriate prosecutor, officers shall not promise that the informant will receive any form of leniency or immunity from criminal prosecution. 608.5.1 UNSUITABLE INFORMANTS The suitability of any informant should be considered before engaging him/her in any way in a covert or other investigative process. Members who become aware that an informant may be unsuitable will notify the supervisor, who will initiate a review to determine suitability. Until a determination has been made by a supervisor, the informant should not be used by any member. The supervisor shall determine whether the informant should be used by the Department and, if so, what conditions will be placed on his/her participation or any information the informant provides. The supervisor shall document the decision and conditions in file notes and mark the file “unsuitable” when appropriate. Considerations for determining whether an informant is unsuitable include, but are not limited to, the following: (a)The informant has provided untruthful or unreliable information in the past. (b)The informant behaves in a way that may endanger the safety of an officer. (c)The informant reveals to suspects the identity of an officer or the existence of an investigation. (d)The informant appears to be using his/her affiliation with this department to further criminal objectives. (e)The informant creates officer-safety issues by providing information to multiple law enforcement agencies simultaneously, without prior notification and approval of each agency. San Luis Obispo Police Department San Luis Obispo PD CA Policy Manual Informants Copyright Lexipol, LLC 2019/01/24, All Rights Reserved. Published with permission by San Luis Obispo Police Department Informants - 416 (f)The informant engages in any other behavior that could jeopardize the safety of officers or the integrity of a criminal investigation. (g)The informant commits criminal acts subsequent to entering into an informant agreement. 608.6 INFORMANT FILES Informant files shall be utilized as a source of background information about the informant, to enable review and evaluation of information provided by the informant, and to minimize incidents that could be used to question the integrity of department members or the reliability of the informant. Informant files shall be maintained in a secure area within the Special Enforcement Team. The Special Enforcement Team supervisor or the authorized designee shall be responsible for maintaining informant files. Access to the informant files shall be restricted to the Chief of Police, Bureau Commander, Special Enforcement Team supervisor or their authorized designees. The Investigation Bureau Commander should arrange for an audit using a representative sample of randomly selected informant files on a periodic basis, but no less than one time per year. If the Special Enforcement Team supervisor is replaced, the files will be audited before the new supervisor takes over management of the files. The purpose of the audit is to ensure compliance with file content and updating provisions of this policy. The audit should be conducted by a supervisor who does not have normal access to the informant files. 608.6.1 FILE SYSTEM PROCEDURE A separate file shall be maintained on each informant and shall be coded with an assigned informant control number. An informant history that includes the following information shall be prepared for each file: (a)Name and aliases (b)Date of birth (c)Physical description: sex, race, height, weight, hair color, eye color, scars, tattoos or other distinguishing features (d)Photograph (e)Current home address and telephone numbers (f)Current employers, positions, addresses and telephone numbers (g)Vehicles owned and registration information (h)Places frequented (i)Briefs of information provided by the informant and his/her subsequent reliability 1.If an informant is determined to be unsuitable, the informant's file is to be marked "unsuitable" and notations included detailing the issues that caused this classification. (j)Name of the officer initiating use of the informant San Luis Obispo Police Department San Luis Obispo PD CA Policy Manual Informants Copyright Lexipol, LLC 2019/01/24, All Rights Reserved. Published with permission by San Luis Obispo Police Department Informants - 417 (k)Signed informant agreement (l)Update on active or inactive status of informant 608.7 INFORMANT PAYMENTS No informant will be told in advance or given an exact amount or percentage for his/her service. The amount of funds to be paid to any informant will be evaluated against the following criteria: •The extent of the informant's personal involvement in the case •The significance, value or effect on crime •The value of assets seized •The quantity of the drugs or other contraband seized •The informant’s previous criminal activity •The level of risk taken by the informant The Special Enforcement Team supervisor will discuss the above factors with the Operations Bureau Commander and recommend the type and level of payment subject to approval by the Chief of Police. 608.7.1 PAYMENT PROCESS Approved payments to an informant should be in cash using the following process: (a)Payments of $500 and under may be paid in cash from a Special Enforcement Team buy/expense fund. 1.The Special Enforcement Team supervisor shall sign the voucher for cash payouts from the buy/expense fund. (b)Payments exceeding $500 shall be made by issuance of a check, payable to the officer who will be delivering the payment. 1.The check shall list the case numbers related to and supporting the payment. 2.A written statement of the informant's involvement in the case shall be placed in the informant's file. 3.The statement shall be signed by the informant verifying the statement as a true summary of his/her actions in the case. 4.Authorization signatures from the Chief of Police and the City Manager are required for disbursement of the funds. (c)To complete the payment process for any amount, the officer delivering the payment shall complete a cash transfer form. 1.The cash transfer form shall include the following: (a)Date (b)Payment amount (c)San Luis Obispo Police Department case number San Luis Obispo Police Department San Luis Obispo PD CA Policy Manual Informants Copyright Lexipol, LLC 2019/01/24, All Rights Reserved. Published with permission by San Luis Obispo Police Department Informants - 418 (d)A statement that the informant is receiving funds in payment for information voluntarily rendered. 2.The cash transfer form shall be signed by the informant. 3.The cash transfer form will be kept in the informant's file. 608.7.2 REPORTING OF PAYMENTS Each informant receiving a cash payment shall be advised of his/her responsibility to report the cash to the Internal Revenue Service (IRS) as income. If funds distributed exceed $600 in any reporting year, the informant should be provided IRS Form 1099 (26 CFR 1.6041-1). If such documentation or reporting may reveal the identity of the informant and by doing so jeopardize any investigation, the safety of officers or the safety of the informant (26 CFR 1.6041-3), then IRS Form 1099 should not be issued. In such cases, the informant shall be provided a letter identifying the amount he/she must report on a tax return as “other income” and shall be required to provide a signed acknowledgement of receipt of the letter. The completed acknowledgement form and a copy of the letter shall be retained in the informant’s file. 608.7.3 AUDIT OF PAYMENTS The Special Enforcement Team supervisor or the authorized designee shall be responsible for compliance with any audit requirements associated with grant provisions and applicable state and federal law. At least once every six months, the Chief of Police or the authorized designee should conduct an audit of all informant funds for the purpose of accountability and security of the funds. The funds and related documents (e.g., buy/expense fund records, cash transfer forms, invoices, receipts and logs) will assist with the audit process. Policy 610 San Luis Obispo Police Department San Luis Obispo PD CA Policy Manual Copyright Lexipol, LLC 2019/01/24, All Rights Reserved. Published with permission by San Luis Obispo Police Department Eyewitness Identification - 419 Eyewitness Identification 610.1 PURPOSE AND SCOPE This policy sets forth guidelines to be used when members of this department employ eyewitness identification techniques. 610.1.1 DEFINITIONS Definitions related to the policy include: Eyewitness identification process - Any field identification, live lineup or photographic identification. Field identification - A live presentation of a single individual to a witness following the commission of a criminal offense for the purpose of identifying or eliminating the person as the suspect. Live lineup - A live presentation of individuals to a witness for the purpose of identifying or eliminating an individual as the suspect. Photographic lineup - Presentation of photographs to a witness for the purpose of identifying or eliminating an individual as the suspect. 610.2 POLICY The San Luis Obispo Police Department will strive to use eyewitness identification techniques, when appropriate, to enhance the investigative process and will emphasize identifying persons responsible for crime and exonerating the innocent. 610.3 INTERPRETIVE SERVICES Members should make a reasonable effort to arrange for an interpreter before proceeding with eyewitness identification if communication with a witness is impeded due to language or hearing barriers. Before the interpreter is permitted to discuss any matter with the witness, the investigating member should explain the identification process to the interpreter. Once it is determined that the interpreter comprehends the process and can explain it to the witness, the eyewitness identification may proceed as provided for within this policy. 610.4 EYEWITNESS IDENTIFICATION PROCESS AND FORM The Detective Bureau supervisor shall be responsible for the development and maintenance of an eyewitness identification process for use by members when they are conducting eyewitness identifications. The process should include appropriate forms or reports that provide: (a)The date, time and location of the eyewitness identification procedure. (b)The name and identifying information of the witness. San Luis Obispo Police Department San Luis Obispo PD CA Policy Manual Eyewitness Identification Copyright Lexipol, LLC 2019/01/24, All Rights Reserved. Published with permission by San Luis Obispo Police Department Eyewitness Identification - 420 (c)The name of the person administering the identification procedure. (d)If applicable, the names of all of the individuals present during the identification procedure. (e)An instruction to the witness that it is as important to exclude innocent persons as it is to identify a perpetrator. (f)An instruction to the witness that the perpetrator may or may not be among those presented and that the witness is not obligated to make an identification. (g)If the identification process is a photographic or live lineup, an instruction to the witness that the perpetrator may not appear exactly as he/she did on the date of the incident. (h)An instruction to the witness that the investigation will continue regardless of whether an identification is made by the witness. (i)A signature line where the witness acknowledges that he/she understands the identification procedures and instructions. (j)A statement from the witness in the witness's own words describing how certain he/ she is of the identification or non-identification. This statement should be taken at the time of the identification procedure. The process and related forms should be reviewed at least annually and modified when necessary. 610.5 EYEWITNESS IDENTIFICATION Members are cautioned not to, in any way, influence a witness as to whether any subject or photo presented in a lineup is in any way connected to the case. Members should avoid mentioning that: •The individual was apprehended near the crime scene. •The evidence points to the individual as the suspect. •Other witnesses have identified or failed to identify the individual as the suspect. In order to avoid undue influence, witnesses should view suspects or a lineup individually and outside the presence of other witnesses. Witnesses should be instructed to avoid discussing details of the incident or of the identification process with other witnesses. Whenever feasible, the eyewitness identification procedure should be audio and/or video recorded and the recording should be retained according to current evidence procedures. 610.6 DOCUMENTATION A thorough description of the eyewitness process and the results of any eyewitness identification should be documented in the case report. San Luis Obispo Police Department San Luis Obispo PD CA Policy Manual Eyewitness Identification Copyright Lexipol, LLC 2019/01/24, All Rights Reserved. Published with permission by San Luis Obispo Police Department Eyewitness Identification - 421 If a photographic lineup is utilized, a copy of the photographic lineup presented to the witness should be included in the case report. In addition, the order in which the photographs were presented to the witness should be documented in the case report. 610.7 PHOTOGRAPHIC LINEUP AND LIVE LINEUP CONSIDERATIONS When practicable, the member presenting the lineup should not be involved in the investigation of the case or know the identity of the suspect. In no case should the member presenting a lineup to a witness know which photograph or person in the lineup is being viewed by the witness. Techniques to achieve this include randomly numbering photographs, shuffling folders or using a computer program to order the persons in the lineup. Individuals in the lineup should reasonably match the description of the perpetrator provided by the witness and should bear similar characteristics to avoid causing any person to unreasonably stand out. In cases involving multiple suspects, a separate lineup should be conducted for each suspect. The suspects should be placed in a different order within each lineup. The member presenting the lineup should do so sequentially (i.e., show the witness one person at a time) and not simultaneously. The witness should view all persons in the lineup. A live lineup should only be used before criminal proceedings have been initiated against the suspect. If there is any question as to whether any criminal proceedings have begun, the investigating member should contact the appropriate prosecuting attorney before proceeding. 610.8 FIELD IDENTIFICATION CONSIDERATIONS Field identifications, also known as field elimination show-ups or one-on-one identifications, may be helpful in certain cases, where exigent circumstances make it impracticable to conduct a photo or live lineup identifications. A field elimination or show-up identification should not be used when independent probable cause exists to arrest a suspect. In such cases a live or photo lineup is the preferred course of action if eyewitness identification is contemplated. When initiating a field identification, the member should observe the following guidelines: (a)Obtain a complete description of the suspect from the witness. (b)Assess whether a witness should be included in a field identification process by considering: 1.The length of time the witness observed the suspect. 2.The distance between the witness and the suspect. 3.Whether the witness could view the suspect’s face. 4.The quality of the lighting when the suspect was observed by the witness. 5.Whether there were distracting noises or activity during the observation. 6.Any other circumstances affecting the witness’s opportunity to observe the suspect. San Luis Obispo Police Department San Luis Obispo PD CA Policy Manual Eyewitness Identification Copyright Lexipol, LLC 2019/01/24, All Rights Reserved. Published with permission by San Luis Obispo Police Department Eyewitness Identification - 422 7.The length of time that has elapsed since the witness observed the suspect. (c)If safe and practicable, the person who is the subject of the show-up should not be handcuffed or in a patrol vehicle. (d)When feasible, members should bring the witness to the location of the subject of the show-up, rather than bring the subject of the show-up to the witness. (e)The person who is the subject of the show-up should not be shown to the same witness more than once. (f)In cases involving multiple suspects, witnesses should only be permitted to view the subjects of the show-up one at a time. (g)The person who is the subject of the show-up should not be required to put on clothing worn by the suspect, to speak words uttered by the suspect or to perform other actions mimicking those of the suspect. (h)If a witness positively identifies a subject of the show-up as the suspect, members should not conduct any further field identifications with other witnesses for that suspect. In such instances members should document the contact information for any additional witnesses for follow up, if necessary. Policy 612 San Luis Obispo Police Department San Luis Obispo PD CA Policy Manual Copyright Lexipol, LLC 2019/01/24, All Rights Reserved. Published with permission by San Luis Obispo Police Department Brady Material Disclosure - 423 Brady Material Disclosure 612.1 PURPOSE AND SCOPE This policy establishes guidelines for identifying and releasing potentially exculpatory or impeachment information (so-called "Brady information") to a prosecuting attorney. 612.1.1 DEFINITIONS Definitions related to this policy include: Brady information -Information known or possessed by the San Luis Obispo Police Department that is both favorable and material to the current prosecution or defense of a criminal defendant. 612.2 POLICY The San Luis Obispo Police Department will conduct fair and impartial criminal investigations and will provide the prosecution with both incriminating and exculpatory evidence, as well as information that may adversely affect the credibility of a witness. In addition to reporting all evidence of guilt, the San Luis Obispo Police Department will assist the prosecution by complying with its obligation to disclose information that is both favorable and material to the defense. The Department will identify and disclose to the prosecution potentially exculpatory information, as provided in this policy. 612.3 DISCLOSURE OF INVESTIGATIVE INFORMATION Officers must include in their investigative reports adequate investigative information and reference to all material evidence and facts that are reasonably believed to be either incriminating or exculpatory to any individual in the case. If an officer learns of potentially incriminating or exculpatory information any time after submission of a case, the officer or the handling investigator must prepare and submit a supplemental report documenting such information as soon as practicable. Supplemental reports shall be promptly processed and transmitted to the prosecutor's office. If information is believed to be privileged or confidential (e.g., confidential informant or protected personnel files), the officer should discuss the matter with a supervisor and/or prosecutor to determine the appropriate manner in which to proceed. Evidence or facts are considered material if there is a reasonable probability that they would affect the outcome of a criminal proceeding or trial. Determining whether evidence or facts are material often requires legal or even judicial review. If an officer is unsure whether evidence or facts are material, the officer should address the issue with a supervisor. Supervisors who are uncertain about whether evidence or facts are material should address the issue in a written memo to an appropriate prosecutor. A copy of the memo should be retained in the Department case file. San Luis Obispo Police Department San Luis Obispo PD CA Policy Manual Brady Material Disclosure Copyright Lexipol, LLC 2019/01/24, All Rights Reserved. Published with permission by San Luis Obispo Police Department Brady Material Disclosure - 424 612.4 DISCLOSURE OF PERSONNEL INFORMATION Whenever it is determined that Brady information is located in the personnel file of a member of this department who is a material witness in a criminal case, the following procedure shall apply: (a)In the event that a Pitchess motion has not already been filed by the criminal defendant or other party pursuant to Evidence Code § 1043, the prosecuting attorney shall be notified of the potential presence of Brady information in the officer's personnel file. (b)The prosecuting attorney should then be requested to file a Pitchess motion in order to initiate an in camera review by the court. (c)Any member who is the subject of such a motion shall be notified in writing that a motion has been filed. (d)The Custodian of Records shall accompany all relevant files during any in camera inspection and address any issues or questions raised by the court in determining whether any information contained in the files is both material and favorable to the criminal defendant. (e)If the court determines that there is relevant Brady information contained in the files, only that information ordered released will be copied and released to the parties filing the motion. 1.Prior to the release of any information pursuant to this process, the Custodian of Records should request a protective order from the court limiting the use of such information to the involved case and requiring the return of all copies upon completion of the case. 612.5 INVESTIGATING BRADY ISSUES If the Department receives information from any source that a member may have issues of credibility, dishonesty or has been engaged in an act of moral turpitude or criminal conduct, the information shall be investigated and processed in accordance with the Personnel Complaints Policy. 612.6 TRAINING Department members should receive periodic training on the requirements of this policy. Policy 613 San Luis Obispo Police Department San Luis Obispo PD CA Policy Manual Copyright Lexipol, LLC 2019/01/24, All Rights Reserved. Published with permission by San Luis Obispo Police Department Unmanned Aerial System (UAS) Operations - 425 Unmanned Aerial System (UAS) Operations 613.1 PURPOSE AND SCOPE The purpose of this policy is to establish guidelines for the use of an unmanned aerial system (UAS) and for the storage, retrieval and dissemination of images and data captured by the UAS. 613.1.1 DEFINITIONS Definitions related to this policy include: Unmanned Aerial System (UAS) - An unmanned aircraft of any type that is capable of sustaining directed flight, whether preprogrammed or remotely controlled (commonly referred to as an unmanned aerial vehicle (UAV)), and all of the supporting or attached systems designed for gathering information through imaging, recording or any other means. 613.2 POLICY Unmanned aerial systems may be utilized to enhance the department’s mission of protecting lives and property when other means and resources are not available or are less effective. Any use of a UAS will be in strict accordance with constitutional and privacy rights and Federal Aviation Administration (FAA) regulations. 613.3 PRIVACY The use of the UAS potentially involves privacy considerations. Absent a warrant or exigent circumstances, operators and observers shall adhere to FAA altitude regulations and shall not intentionally record or transmit images of any location where a person would have a reasonable expectation of privacy . Operators and observers shall take reasonable precautions to avoid inadvertently recording or transmitting images of areas where there is a reasonable expectation of privacy. Reasonable precautions can include, for example, deactivating or turning imaging devices away from such areas or persons during UAS operations. 613.4 PROGRAM COORDINATOR The Chief of Police will appoint a program coordinator who will be responsible for the management of the UAS program. The program coordinator will ensure that policies and procedures conform to current laws, regulations and best practices and will have the following additional responsibilities: •Coordinating the FAA Certificate of Waiver or Authorization (COA) application process and ensuring that the COA is current. •Ensuring that all authorized operators and required observers have completed all required FAA and department-approved training in the operation, applicable laws, policies and procedures regarding use of the UAS. •Developing uniform protocol for submission and evaluation of requests to deploy a UAS, including urgent requests made during ongoing or emerging incidents. Deployment of a UAS shall require authorization of the Chief of Police or the authorized designee, depending on the type of mission. San Luis Obispo Police Department San Luis Obispo PD CA Policy Manual Unmanned Aerial System (UAS) Operations Copyright Lexipol, LLC 2019/01/24, All Rights Reserved. Published with permission by San Luis Obispo Police Department Unmanned Aerial System (UAS) Operations - 426 •Developing protocol for conducting criminal investigations involving a UAS, including documentation of time spent monitoring a subject. •Developing an operational protocol governing the deployment and operation of a UAS including, but not limited to, safety oversight, use of visual observers, establishment of lost link procedures and secure communication with air traffic control facilities. •Developing a protocol for fully documenting all missions. •Developing a UAS inspection, maintenance and record-keeping protocol to ensure continuing airworthiness of a UAS, up to and including its overhaul or life limits. •Developing protocols to ensure that all data intended to be used as evidence are accessed, maintained, stored and retrieved in a manner that ensures its integrity as evidence, including strict adherence to chain of custody requirements. •Developing protocols that ensure retention and purge periods are maintained in accordance with established records retention schedules. •Facilitating law enforcement access to images and data captured by the UAS. •Recommending program enhancements, particularly regarding safety and information security. •Ensuring that established protocols are followed by monitoring and providing periodic reports on the program to the Chief of Police. 613.5 USE OF UAS •Only authorized operators who have completed the required training shall be permitted to operate the UAS. •UAS will only be operated by personnel, both pilots and crew members, who have been trained and certified in the operation of the system. All agency personnel with UAS responsibilities, including command officers, will be provided training in the policies and procedures governing their use. •All flights will be arrpoved by a supervisor and must be for a legitmate public safety mission, training, or demonstration purposes. •An authorized supervisor/administrator will audit flight documentation at regular intervals. The results of the audit will be documented. Any changes to the flight time counter will be documented. •Unauthorized use of a UAS wull result in strict accountability. Use of vision enhancement technology (e.g., thermal and other imaging equipment not generally available to the public) is permissible in viewing areas only where there is no protectable privacy interest or when in compliance with a search warrant or court order. In all other instances, legal counsel should be consulted. UAS operations should only be conducted during daylight hours and a UAS should not be flown over populated areas without FAA approval. San Luis Obispo Police Department San Luis Obispo PD CA Policy Manual Unmanned Aerial System (UAS) Operations Copyright Lexipol, LLC 2019/01/24, All Rights Reserved. Published with permission by San Luis Obispo Police Department Unmanned Aerial System (UAS) Operations - 427 The following are examples of UAS operations: •Search and rescue •Fleeing suspect •Directed scouting •Search warrant service •Civil disturbances •Monitoring City open space for illegal activity •Photo/video major crime of accident scenes •SWAT operations •Training and demonstration purposes •Any other operation deemed appropriate by the Chief of Police or his/her designee. 613.6 PROHIBITED USE The UAS video surveillance equipment shall not be used: •To conduct random surveillance activities. •To target a person based solely on individual characteristics, such as, but not limited to race, ethnicity, national origin, religion, disability, gender or sexual orientation. •To harass, intimidate or discriminate against any individual or group. •To conduct personal business of any type. The UAS shall not be weaponized. 613.7 RETENTION OF UAS DATA Data collected by the UAS shall be retained as provided in the established records retention schedule. San Luis Obispo Police Department San Luis Obispo PD CA Policy Manual Copyright Lexipol, LLC 2019/01/24, All Rights Reserved. Published with permission by San Luis Obispo Police Department Equipment - 428 Chapter 7 - Equipment Policy 700 San Luis Obispo Police Department San Luis Obispo PD CA Policy Manual Copyright Lexipol, LLC 2019/01/24, All Rights Reserved. Published with permission by San Luis Obispo Police Department Department Owned and Personal Property - 429 Department Owned and Personal Property 700.1 PURPOSE AND SCOPE Department employees are expected to properly care for department property assigned or entrusted to them. Employees may also suffer occasional loss or damage to personal or department property while performing their assigned duty. Certain procedures are required depending on the loss and ownership of the item. 700.2 CARE OF DEPARTMENTAL PROPERTY Employees shall be responsible for the safekeeping, serviceable condition, proper care, use and replacement of department property assigned or entrusted to them. An employee's intentional or negligent abuse or misuse of department property may lead to discipline including, but not limited to the cost of repair or replacement. (a)Employees shall promptly report through their chain of command, any loss, damage to, or unserviceable condition of any department issued property or equipment assigned for their use. (b)The use of damaged or unserviceable department property should be discontinued as soon as practical and replaced with comparable Department property as soon as available and following notice to a supervisor. (c)Except when otherwise directed by competent authority or required by exigent circumstances, department property shall only be used by those to whom it was assigned. Use should be limited to official purposes and in the capacity for which it was designed. (d)Department property shall not be thrown away, sold, traded, donated, destroyed, or otherwise disposed of without proper authority. (e)In the event that any Department property becomes damaged or unserviceable, no employee shall attempt to repair the property without prior approval of a supervisor. 700.3 FILING CLAIMS FOR PERSONAL PROPERTY Claims for reimbursement for damage or loss of personal property must be made on the proper form. This form is submitted to the employee's immediate supervisor. The supervisor may require a separate written report of the loss or damage. The supervisor shall direct a memo to the appropriate Bureau Commander, which shall include the results of his/her investigation and whether the employee followed proper procedures. The supervisor's report shall address whether reasonable care was taken to prevent the loss or damage. San Luis Obispo Police Department San Luis Obispo PD CA Policy Manual Department Owned and Personal Property Copyright Lexipol, LLC 2019/01/24, All Rights Reserved. Published with permission by San Luis Obispo Police Department Department Owned and Personal Property - 430 Upon review by staff and a finding that no misconduct or negligence was involved, repair or replacement may be recommended by the Chief of Police who will then forward the claim to the Finance Department. The Department will not replace or repair luxurious or overly expensive items (jewelry, exotic equipment, etc.) that are not reasonably required as a part of work. 700.3.1 REPORTING REQUIREMENT A verbal report shall be made to the employee's immediate supervisor as soon as circumstances permit. A written report shall be submitted before the employee goes off duty or within the time frame directed by the supervisor to whom the verbal report is made. 700.4 LOSS OR DAMAGE OF PROPERTY OF ANOTHER Officers and other employees intentionally or unintentionally may cause damage to the real or personal property of another while performing their duties. Any employee who damages or causes to be damaged any real or personal property of another while performing any law enforcement functions, regardless of jurisdiction, shall report it as provided below. (a)A verbal report shall be made to the employee's immediate supervisor as soon as circumstances permit. (b)A written report shall be submitted before the employee goes off duty or within the time frame directed by the supervisor to whom the verbal report is made. 700.4.1 DAMAGE BY PERSON OF ANOTHER AGENCY If employees of another jurisdiction cause damage to real or personal property belonging to the City, it shall be the responsibility of the employee present or the employee responsible for the property to make a verbal report to his/her immediate supervisor as soon as circumstances permit. The employee shall submit a written report before going off duty or as otherwise directed by the supervisor. These written reports, accompanied by the supervisor's written report, shall promptly be forwarded to the appropriate Bureau Commander. Policy 701 San Luis Obispo Police Department San Luis Obispo PD CA Policy Manual Copyright Lexipol, LLC 2019/01/24, All Rights Reserved. Published with permission by San Luis Obispo Police Department Personal Communication Devices - 431 Personal Communication Devices 701.1 PURPOSE AND SCOPE The purpose of this policy is to establish guidelines for the use of mobile telephones and communication devices, whether issued or funded by the Department or personally owned, while on-duty or when used for authorized work-related purposes. This policy generically refers to all such devices as Personal Communication Devices (PCDs) but is intended to include all mobile telephones, personal digital assistants (PDAs), wireless capable tablets and similar wireless two-way communications and/or portable Internet access devices. PCD use includes, but is not limited to, placing and receiving calls, text messaging, blogging and microblogging, emailing, using video or camera features, playing games and accessing sites or services on the Internet. 701.2 POLICY The San Luis Obispo Police Department allows members to utilize department-issued or funded PCDs and to possess personally owned PCDs in the workplace, subject to certain limitations. Any PCD used while on-duty, or used off-duty in any manner reasonably related to the business of the Department, will be subject to monitoring and inspection consistent with the standards set forth in this policy. The inappropriate use of a PCD while on-duty may impair officer safety. Additionally, members are advised and cautioned that the use of a personally owned PCD either on-duty or after duty hours for business-related purposes may subject the member and the member’s PCD records to civil or criminal discovery or disclosure under applicable public records laws. Members who have questions regarding the application of this policy or the guidelines contained herein are encouraged to seek clarification from supervisory personnel. 701.3 PRIVACY EXPECTATION Members forfeit any expectation of privacy with regard to any communication accessed, transmitted, received or reviewed on any PCD issued or funded by the Department and shall have no expectation of privacy in their location should the device be equipped with location detection capabilities (see the Information Technology Use Policy for additional guidance). 701.3.1 CALIFORNIA ELECTRONIC COMMUNICATIONS PRIVACY ACT (CALECPA) No member is authorized to be the sole possessor of a department-issued PCD. Department- issued PCDs can be retrieved, reassigned, accessed or used by any member as directed by a supervisor without notice. Member use of a department-issued PCD and use of a personal PCD at work or for work-related business constitutes specific consent for access for department purposes. Prior to conducting an administrative search of a PCD, supervisors should consult legal counsel to ensure access is consistent with CalECPA (Penal Code § 1546; Penal Code § 1546.1). San Luis Obispo Police Department San Luis Obispo PD CA Policy Manual Personal Communication Devices Copyright Lexipol, LLC 2019/01/24, All Rights Reserved. Published with permission by San Luis Obispo Police Department Personal Communication Devices - 432 701.4 DEPARTMENT-ISSUED PCD Depending on a member’s assignment and the needs of the position, the Department may, at its discretion, issue or fund a PCD. Department-issued or funded PCDs are provided as a convenience to facilitate on-duty performance only. Such devices and the associated telephone number shall remain the sole property of the Department and shall be subject to inspection or monitoring (including all related records and content) at any time without notice and without cause. Unless a member is expressly authorized by the Chief of Police or the authorized designee for off-duty use of the PCD, the PCD will either be secured in the workplace at the completion of the tour of duty or will be turned off when leaving the workplace. 701.5 PERSONALLY OWNED PCD Members may carry a personally owned PCD while on-duty, subject to the following conditions and limitations: (a)Permission to carry a personally owned PCD may be revoked if it is used contrary to provisions of this policy. (b)The Department accepts no responsibility for loss of or damage to a personally owned PCD. (c)The PCD and any associated services shall be purchased, used and maintained solely at the member’s expense. (d)The device should not be used for work-related purposes except in exigent circumstances (e.g., unavailability of radio communications). Members will have a reduced expectation of privacy when using a personally owned PCD in the workplace and have no expectation of privacy with regard to any department business-related communication. 1.Members may use personally owned PCDs on-duty for routine administrative work as authorized by the Chief of Police. (e)The device shall not be utilized to record or disclose any business-related information, including photographs, video or the recording or transmittal of any information or material obtained or made accessible as a result of employment with the Department, without the express authorization of the Chief of Police or the authorized designee. (f)Use of a personally owned PCD while at work or for work-related business constitutes consent for the Department to access the PCD to inspect and copy data to meet the needs of the Department, which may include litigation, public records retention and release obligations and internal investigations. If the PCD is carried on-duty, members will provide the Department with the telephone number of the device. (g)All work-related documents, emails, photographs, recordings or other public records created or received on a member’s personally owned PCD should be transferred to the San Luis Obispo Police Department and deleted from the member’s PCD as soon as reasonably practicable but no later than the end of the member’s shift. San Luis Obispo Police Department San Luis Obispo PD CA Policy Manual Personal Communication Devices Copyright Lexipol, LLC 2019/01/24, All Rights Reserved. Published with permission by San Luis Obispo Police Department Personal Communication Devices - 433 Except with prior express authorization from their supervisor, members are not obligated or required to carry, access, monitor or respond to electronic communications using a personally owned PCD while off-duty. If a member is in an authorized status that allows for appropriate compensation consistent with policy or existing memorandum of understanding or collective bargaining agreements, or if the member has prior express authorization from his/her supervisor, the member may engage in business-related communications. Should members engage in such approved off-duty communications or work, members entitled to compensation shall promptly document the time worked and communicate the information to their supervisors to ensure appropriate compensation. Members who independently document off-duty department-related business activities in any manner shall promptly provide the Department with a copy of such records to ensure accurate record keeping. 701.6 USE OF PCD The following protocols shall apply to all PCDs that are carried while on-duty or used to conduct department business: (a)A PCD shall not be carried in a manner that allows it to be visible while in uniform, unless it is in an approved carrier. (b)All PCDs in the workplace shall be set to silent or vibrate mode. (c)A PCD may not be used to conduct personal business while on-duty, except for brief personal communications (e.g., informing family of extended hours). Members shall endeavor to limit their use of PCDs to authorized break times, unless an emergency exists. (d)Members may use a PCD to communicate with other personnel in situations where the use of radio communications is either impracticable or not feasible. PCDs should not be used as a substitute for, as a way to avoid, or in lieu of regular radio communications. (e)Members are prohibited from taking pictures, audio or video recordings or making copies of any such picture or recording media unless it is directly related to official department business. Disclosure of any such information to any third party through any means, without the express authorization of the Chief of Police or the authorized designee, may result in discipline. (f)Members will not access social networking sites for any purpose that is not official department business. (g)Using PCDs to harass, threaten, coerce or otherwise engage in inappropriate conduct with any third party is prohibited. Any member having knowledge of such conduct shall promptly notify a supervisor. 701.7 SUPERVISOR RESPONSIBILITIES The responsibilities of supervisors include, but are not limited to: San Luis Obispo Police Department San Luis Obispo PD CA Policy Manual Personal Communication Devices Copyright Lexipol, LLC 2019/01/24, All Rights Reserved. Published with permission by San Luis Obispo Police Department Personal Communication Devices - 434 (a)Ensuring that members under their command are provided appropriate training on the use of PCDs consistent with this policy. (b)Monitoring, to the extent practicable, PCD use in the workplace and taking prompt corrective action if a member is observed or reported to be improperly using a PCD. 1.An investigation into improper conduct should be promptly initiated when circumstances warrant. 2.Before conducting any administrative search of a member’s personally owned device, supervisors should consult with the Chief of Police or the authorized designee. 701.8 USE WHILE DRIVING The use of a PCD while driving can adversely affect safety, cause unnecessary distractions and present a negative image to the public. Officers operating emergency vehicles should restrict the use of these devices to matters of an urgent nature and should, where practicable, stop the vehicle at an appropriate location to use the PCD. Members who are operating department vehicles that are not authorized emergency vehicles shall not use a PCD while driving unless the device is specifically designed and configured to allow hands-free use. In an emergency, a wireless phone may be used to place an emergency call to the Department or other emergency services agency (Vehicle Code § 23123; Vehicle Code § 23123.5). Hands-free use should be restricted to business-related calls or calls of an urgent nature. 701.9 OFFICIAL USE Members are reminded that PCDs are not secure devices and conversations may be intercepted or overheard. Caution should be exercised while utilizing PCDs to ensure that sensitive information is not inadvertently transmitted. As soon as reasonably possible, members shall conduct sensitive or private communications on a land-based or other department communications network. Policy 703 San Luis Obispo Police Department San Luis Obispo PD CA Policy Manual Copyright Lexipol, LLC 2019/01/24, All Rights Reserved. Published with permission by San Luis Obispo Police Department Vehicle Maintenance - 435 Vehicle Maintenance 703.1 PURPOSE AND SCOPE Employees are responsible for assisting in maintaining Department vehicles so that they are properly equipped, properly maintained, properly refueled and present a clean appearance. 703.2 DEFECTIVE VEHICLES When a department vehicle becomes inoperative or in need of repair that affects the safety of the vehicle, that vehicle shall be removed from service for repair. Proper documentation shall be promptly completed by the employee who first becomes aware of the defective condition, describing the correction needed. The paperwork shall be promptly forwarded to vehicle maintenance for repair. 703.2.1 DAMAGE OR POOR PERFORMANCE Vehicles that may have been damaged, or perform poorly shall be removed from service for inspections and repairs as soon as practicable. 703.2.2 SEVERE USE Vehicles operated under severe-use conditions, which include operations for which the vehicle is not designed or that exceed the manufacturer’s parameters, should be removed from service and subjected to a safety inspection as soon as practicable. Such conditions may include rough roadway or off-road driving, hard or extended braking, pursuits or prolonged high-speed operation. 703.2.3 REMOVAL OF WEAPONS All firearms, weapons and control devices shall be removed from a vehicle and properly secured in the department armory prior to the vehicle being released for maintenance, service or repair. 703.3 VEHICLE EQUIPMENT Certain items shall be maintained in all department vehicles for emergency purposes and to perform routine duties. 703.3.1 PATROL VEHICLES Officers shall inspect the patrol vehicle at the beginning of the shift and ensure that the following equipment, at a minimum, is present in the vehicle: •Emergency road flares •Traffic cones •Sticks of yellow crayon or chalk •1 Roll Crime Scene Barricade Tape •1 First aid kit, trauma kit and CPR mask •Fire extinguisher San Luis Obispo Police Department San Luis Obispo PD CA Policy Manual Vehicle Maintenance Copyright Lexipol, LLC 2019/01/24, All Rights Reserved. Published with permission by San Luis Obispo Police Department Vehicle Maintenance - 436 •Protective gloves •Traffic paint •Spit mask •Traffic Safety Vest •Less lethal shotgun, if available •Evidence collection kit 703.3.2 UNMARKED VEHICLES An employee driving unmarked department vehicles shall ensure that the minimum following equipment is present in the vehicle: •1 Roll Crime Scene Barricade Tape •Protective gloves •1 Evidence collection kit 703.4 VEHICLE REFUELING Absent emergency conditions or supervisor approval, officers driving patrol vehicles shall not place a vehicle in service that has less than one-quarter tank of fuel. Vehicles shall only be refueled at the authorized location. 703.5 WASHING OF VEHICLES All units shall be kept clean at all times and weather conditions permitting, shall be washed as necessary to enhance their appearance. Officers in patrol shall obtain clearance from the dispatcher before responding to the car wash. Only one marked unit should be at the car wash at the same time unless otherwise approved by a supervisor. Employees using a vehicle shall remove any trash or debris at the end of their shift. Confidential material should be placed in a designated receptacle provided for the shredding of this matter. 703.6 NON-SWORN EMPLOYEE USE Non-sworn employees using marked vehicles shall ensure all weapons are removed from vehicles before going into service. Non-sworn employees shall also prominently display the “out of service” placards or lightbar covers at all times. Non-sworn employees shall not operate the emergency lights or siren of any vehicle unless expressly authorized by a supervisor. 703.7 SPEEDOMETER CALIBRATION All patrol vehicles shall have the speedometers calibrated annually by the Automobile Club of Southern California or similar agency. Records of annual calibrations shall be maintained for each vehicle for court purposes. Policy 705 San Luis Obispo Police Department San Luis Obispo PD CA Policy Manual Copyright Lexipol, LLC 2019/01/24, All Rights Reserved. Published with permission by San Luis Obispo Police Department Vehicle Use - 437 Vehicle Use 705.1 PURPOSE AND SCOPE The purpose of this policy is to establish a system of accountability to ensure department vehicles are used appropriately. This policy provides guidelines for on- and off-duty use of department vehicles and shall not be construed to create or imply any contractual obligation by the City of Name of your jurisdiction: to provide assigned take-home vehicles. 705.2 POLICY The San Luis Obispo Police Department provides vehicles for department-related business and may assign patrol and unmarked vehicles based on a determination of operational efficiency, economic impact to the Department, requirements for tactical deployments and other considerations. 705.3 USE OF VEHICLES 705.3.1 SHIFT ASSIGNED VEHICLES The Watch Commander shall ensure a copy of the shift assignment roster indicating member assignments and vehicle numbers is completed for each shift and retained in accordance with the established records retention schedule. If a member exchanges vehicles during his/her shift, the new vehicle number shall be documented on the roster. 705.3.2 OTHER USE OF VEHICLES Members utilizing a vehicle for any purpose other than their normally assigned duties or normal vehicle assignment (e.g., transportation to training, community event) shall first notify the Watch Commander. A notation will be made on the shift assignment roster indicating the member’s name and vehicle number. This subsection does not apply to those who are assigned to vehicle transportation duties to and from the maintenance yard or carwash. 705.3.3 INSPECTIONS Members shall be responsible for inspecting the interior and exterior of any assigned vehicle before taking the vehicle into service and at the conclusion of their shifts. Any previously unreported damage, mechanical problems, unauthorized contents or other problems with the vehicle shall be promptly reported to a supervisor and documented as appropriate. The interior of any vehicle that has been used to transport any person other than a member of this department should be inspected prior to placing another person in the vehicle and again after the person is removed. This is to ensure that unauthorized or personal items have not been left in the vehicle. When transporting any suspect, prisoner or arrestee, the transporting member shall search all areas of the vehicle that are accessible by the person before and after that person is transported. San Luis Obispo Police Department San Luis Obispo PD CA Policy Manual Vehicle Use Copyright Lexipol, LLC 2019/01/24, All Rights Reserved. Published with permission by San Luis Obispo Police Department Vehicle Use - 438 All department vehicles are subject to inspection and/or search at any time by a supervisor without notice and without cause. No member assigned to or operating such vehicle shall be entitled to any expectation of privacy with respect to the vehicle or its contents. 705.3.4 SECURITY AND UNATTENDED VEHICLES Unattended vehicles should be locked and secured at all times. No key should be left in the vehicle except when it is necessary that the vehicle be left running (e.g., continued activation of emergency lights, canine safety, equipment charging). Officers who exit a vehicle rapidly in an emergency situation or to engage in a foot pursuit must carefully balance the need to exit the vehicle quickly with the need to secure the vehicle. Members shall ensure all weapons are secured while the vehicle is unattended. 705.3.5 MDC Members assigned to vehicles equipped with a Mobile Digital Computer (MDC) shall log onto the MDC with the required information when going on-duty. If the vehicle is not equipped with a working MDC, the member shall notify the Communications Center. Use of the MDC is governed by the Mobile Digital Computer Use Policy. 705.3.6 VEHICLE LOCATION SYSTEM Patrol and other vehicles, at the discretion of the Chief of Police, may be equipped with a system designed to track the vehicle’s location. While the system may provide vehicle location and other information, members are not relieved of their responsibility to use required communication practices to report their location and status. Members shall not make any unauthorized modifications to the system. At the start of each shift, members shall verify that the system is on and report any malfunctions to their supervisor. If the member finds that the system is not functioning properly at any time during the shift, he/she should exchange the vehicle for one with a working system, if available. System data may be accessed by supervisors at any time. However, access to historical data by other than supervisors will require Bureau Commander approval. All data captured by the system shall be retained in accordance with the established records retention schedule. 705.3.7 KEYS Members approved to operate marked patrol vehicles should be issued a copy of the key as part of their initial equipment distribution. Members who are assigned a specific vehicle should be issued keys for that vehicle. Members shall not duplicate keys. The loss of a key shall be promptly reported in writing through the member’s chain of command. San Luis Obispo Police Department San Luis Obispo PD CA Policy Manual Vehicle Use Copyright Lexipol, LLC 2019/01/24, All Rights Reserved. Published with permission by San Luis Obispo Police Department Vehicle Use - 439 705.3.8 AUTHORIZED PASSENGERS Members operating department vehicles shall not permit persons other than City personnel or persons required to be conveyed in the performance of duty, or as otherwise authorized, to ride as passengers in the vehicle, except as stated in the Ride-Along Policy. 705.3.9 ALCOHOL Members who have consumed alcohol are prohibited from operating any department vehicle unless it is required by the duty assignment (e.g., task force, undercover work). Regardless of assignment, members may not violate state law regarding vehicle operation while intoxicated. 705.3.10 PARKING Except when responding to an emergency or when urgent department-related business requires otherwise, members driving department vehicles should obey all parking regulations at all times. Department vehicles should be parked in assigned stalls. Members shall not park privately owned vehicles in stalls assigned to department vehicles or in other areas of the parking lot that are not so designated unless authorized by a supervisor. Privately owned motorcycles shall be parked in designated areas. 705.3.11 ACCESSORIES AND/OR MODIFICATIONS There shall be no modifications, additions or removal of any equipment or accessories without written permission from the assigned vehicle program manager. 705.3.12 NON-SWORN MEMBER USE Non-sworn members using marked emergency vehicles shall ensure that all weapons have been removed before going into service. Non-sworn members shall prominently display the "out of service" placards or light bar covers at all times. Non-sworn members shall not operate the emergency lights or siren of any vehicle unless expressly authorized by a supervisor. 705.4 INDIVIDUAL MEMBER ASSIGNMENT TO VEHICLES Department vehicles may be assigned to individual members at the discretion of the Chief of Police. Vehicles may be assigned for on-duty and/or take-home use. Assigned vehicles may be changed at any time. Permission to take home a vehicle may be withdrawn at any time. The assignment of vehicles may be suspended when the member is unable to perform his/her regular assignment. 705.4.1 ON-DUTY USE Vehicle assignments shall be based on the nature of the member’s duties, job description and essential functions, and employment or appointment status. Vehicles may be reassigned or utilized by other department members at the discretion of the Chief of Police or the authorized designee. San Luis Obispo Police Department San Luis Obispo PD CA Policy Manual Vehicle Use Copyright Lexipol, LLC 2019/01/24, All Rights Reserved. Published with permission by San Luis Obispo Police Department Vehicle Use - 440 705.4.2 UNSCHEDULED TAKE-HOME USE Circumstances may arise where department vehicles must be used by members to commute to and from a work assignment. Members may take home department vehicles only with prior approval of a supervisor and shall meet the following criteria: (a)The circumstances are unplanned and were created by the needs of the department. (b)Other reasonable transportation options are not available. (c)The member lives within a reasonable distance (generally not to exceed a 60-minute drive time) of the Name of your jurisdiction: City limits. (d)Off-street parking will be available at the member’s residence. (e)Vehicles will be locked when not attended. (f)All firearms, weapons and control devices will be removed from the interior of the vehicle and properly secured in the residence when the vehicle is not attended, unless the vehicle is parked in a locked garage. 705.4.3 ASSIGNED VEHICLES Assignment of take-home vehicles shall be based on the location of the member’s residence, the nature of the member’s duties, job description and essential functions, and employment or appointment status. Residence in the City of Name of your jurisdiction: is a prime consideration for assignment of a take-home vehicle. Members who reside outside the City of Name of your jurisdiction: may be required to secure the vehicle at a designated location or the Department at the discretion of the Chief of Police. Department members shall sign a take-home vehicle agreement that outlines certain standards, including, but not limited to, how the vehicle shall be used, where it shall be parked when the member is not on-duty, vehicle maintenance responsibilities and member enforcement actions. Members are cautioned that under federal and local tax rules, personal use of a City vehicle may create an income tax liability for the member. Questions regarding tax rules should be directed to the member’s tax adviser. Criteria for use of take-home vehicles include the following: (a)Vehicles shall only be used for work-related purposes and shall not be used for personal errands or transports, unless special circumstances exist and the Chief of Police or a Bureau Commander gives authorization. (b)Vehicles may be used to transport the member to and from the member’s residence for work-related purposes. (c)Vehicles will not be used when off-duty except: 1.In circumstances when a member has been placed on call by the Chief of Police or Bureau Commanders and there is a high probability that the member will be called back to duty. San Luis Obispo Police Department San Luis Obispo PD CA Policy Manual Vehicle Use Copyright Lexipol, LLC 2019/01/24, All Rights Reserved. Published with permission by San Luis Obispo Police Department Vehicle Use - 441 2.When the member is performing a work-related function during what normally would be an off-duty period, including vehicle maintenance or travelling to or from a work-related activity or function. 3.When the member has received permission from the Chief of Police or Bureau Commanders. 4.When the vehicle is being used by the Chief of Police, Bureau Commanders or members who are in on-call administrative positions. 5.When the vehicle is being used by on-call investigators. (d)While operating the vehicle, authorized members will carry and have accessible their duty firearms and be prepared to perform any function they would be expected to perform while on-duty. (e)The two-way communications radio, MDC and global positioning satellite device, if equipped, must be on and set to an audible volume when the vehicle is in operation. (f)Unattended vehicles are to be locked and secured at all times. 1.No key should be left in the vehicle except when it is necessary that the vehicle be left running (e.g., continued activation of emergency lights, canine safety, equipment charging). 2.All weapons shall be secured while the vehicle is unattended. 3.All department identification, portable radios and equipment should be secured. (g)Vehicles are to be parked off-street at the member’s residence unless prior arrangements have been made with the Chief of Police or the authorized designee. If the vehicle is not secured inside a locked garage, all firearms and kinetic impact weapons shall be removed and properly secured in the residence (see the Firearms Policy regarding safe storage of firearms at home). (h)Vehicles are to be secured at the member’s residence or the appropriate department facility, at the discretion of the Department when a member will be away (e.g., on vacation) for periods exceeding one week. 1.If the vehicle remains at the residence of the member, the Department shall have access to the vehicle. 2.If the member is unable to provide access to the vehicle, it shall be parked at the Department. (i)The member is responsible for the care and maintenance of the vehicle. 705.4.4 ENFORCEMENT ACTIONS When driving a take-home vehicle to and from work outside of the jurisdiction of the San Luis Obispo Police Department or while off-duty, an officer shall not initiate enforcement actions except in those circumstances where a potential threat to life or serious property damage exists (see the Off-Duty Law Enforcement Actions and Law Enforcement Authority policies). Officers may render public assistance when it is deemed prudent (e.g., to a stranded motorist). San Luis Obispo Police Department San Luis Obispo PD CA Policy Manual Vehicle Use Copyright Lexipol, LLC 2019/01/24, All Rights Reserved. Published with permission by San Luis Obispo Police Department Vehicle Use - 442 Officers driving take-home vehicles shall be armed, appropriately attired and carry their department-issued identification. Officers should also ensure that department radio communication capabilities are maintained to the extent feasible. 705.4.5 MAINTENANCE Members are responsible for the cleanliness (exterior and interior) and overall maintenance of their assigned vehicles. Cleaning and maintenance supplies will be provided by the Department. Failure to adhere to these requirements may result in discipline and loss of vehicle assignment. The following should be performed as outlined below: (a)Members shall make daily inspections of their assigned vehicles for service/ maintenance requirements and damage. (b)It is the member’s responsibility to ensure that his/her assigned vehicle is maintained according to the established service and maintenance schedule. (c)All scheduled vehicle maintenance and car washes shall be performed as necessary at a facility approved by the department supervisor in charge of vehicle maintenance. (d)The Department shall be notified of problems with the vehicle and approve any major repairs before they are performed. (e)When leaving the vehicle at the maintenance facility, the member will complete a vehicle repair card explaining the service or repair, and leave it on the seat or dash. (f)All weapons shall be removed from any vehicle left for maintenance. (g)Supervisors shall make, at a minimum, monthly inspections of vehicles assigned to members under their command to ensure the vehicles are being maintained in accordance with this policy. 705.5 UNMARKED VEHICLES Vehicles are assigned to various bureaus and their use is restricted to the respective bureau and the assigned member, unless otherwise approved by a bureau supervisor. Any member operating an unmarked vehicle shall record vehicle usage on the sign-out log maintained in the bureau for that purpose. Any use of unmarked vehicles by those who are not assigned to the bureau to which the vehicle is assigned shall also record the use with the Watch Commander on the shift assignment roster. 705.6 DAMAGE, ABUSE AND MISUSE When any department vehicle is involved in a traffic collision or otherwise incurs damage, the involved member shall promptly notify a supervisor. Any traffic collision report shall be filed with the agency having jurisdiction (see the Traffic Collision Reporting Policy). Damage to any department vehicle that was not caused by a traffic collision shall be immediately reported during the shift in which the damage was discovered, documented in memorandum format and forwarded to the Watch Commander. An administrative investigation should be initiated to determine if there has been any vehicle abuse or misuse. San Luis Obispo Police Department San Luis Obispo PD CA Policy Manual Vehicle Use Copyright Lexipol, LLC 2019/01/24, All Rights Reserved. Published with permission by San Luis Obispo Police Department Vehicle Use - 443 705.7 TOLL ROAD USAGE Law enforcement vehicles are not routinely exempted from incurring toll road charges. To avoid unnecessary toll road charges, all members operating department vehicles on a toll road shall adhere to the following: (a)Members operating department vehicles for any reason other than in response to an emergency shall pay the appropriate toll charge or utilize the appropriate toll way transponder. Members may submit a request for reimbursement from the City for any toll fees incurred in the course of official business. (b)Members passing through a toll plaza or booth during a response to an emergency shall notify, in writing, the appropriate Bureau Commander within five working days explaining the circumstances. 705.8 ACCIDENT REVIEW BOARD All reports of accidents involving damage to police vehicles shall be forwarded to the Accident Review Board (ARB) via the Bureau Commander. It shall be the responsibility of the ARB to review all such accident reports and to order or conduct further investigation if necessary. Accident reports and driver statements shall be reviewed to determine whether: (a)The accident was avoidable or unavoidable. (b)The degree of negligence, if any, on the part of the involved employee. (c)Any other facts that have bearing on the accident. The ARB shall also determine the past driving performance of the employee for 36 months prior to the date of the accident. The ARB findings shall be forwarded to the employee's Bureau Commander within 15 days from the date of the convening of the ARB review. The ARB shall consist of one Lieutenant, one Sergeant, and one Traffic Safety Team member who shall be appointed by the Chief of Police for a period of at least one year. Appointments to the ARB will be on a staggered basis to ensure continuity of responsibility and accuracy of findings. 705.9 ATTIRE AND APPEARANCE When operating any department vehicle while off-duty, members may dress in a manner appropriate for their intended activity. Whenever in view of or in contact with the public, attire and appearance, regardless of the activity, should be suitable to reflect positively upon the Department. Policy 706 San Luis Obispo Police Department San Luis Obispo PD CA Policy Manual Copyright Lexipol, LLC 2019/01/24, All Rights Reserved. Published with permission by San Luis Obispo Police Department Firearms Accountability - 444 Firearms Accountability 706.1 PURPOSE AND SCOPE To enhance security and accountability of department issued firearms, the following guidelines and procedures have been established: 1. Conducting of periodic inventories of department-owned/issued firearms. 2. Issuing and turning in of department-owned/issued firearms. This policy applies to the following firearms: •Handguns, either purchased by this department or seized as evidence and converted to primary on-duty or backup use. •Shotguns •Bean-bag shotguns •Patrol rifles •SWAT firearms, including MP-5s, AR-15s, sniper rifles, and 40mm 706.2 INVENTORY OF FIREARMS The Administrative Sergeant, or his/her designated representative, shall conduct physical inventories of all department owned/issued firearms. These inventories should be conducted, at a minimum, three times per year, preferably at times that coincide with the patrol shift rotation schedule. During the inventory, serial number, make, and model shall be verified. Department issued handguns may be inventoried during scheduled range training. If an employee misses a range training event, the weapon may be physically inventoried on the employee's next scheduled work day. SWAT weapons may be inventoried during scheduled SWAT training. Records of the inventories shall be maintained in the Administrative Sergeant's office. If any changes in a weapon's status is noted, Spillman shall be updated to reflect that weapon's current status. Upon completion of each inventory, a memorandum shall be written to the Administrative Captain indicating the results of the inventory. 706.3 ISSUING/TURNING IN OF FIREARMS Whenever a department owned/issued firearm is issued or turned in, the transfer shall be completed by the Administrative Sergeant or a current member of the Range Staff. In the absence of the Administrative Sergeant and a Range Staff member, any on-duty supervisor may issue or recover a firearm. San Luis Obispo Police Department San Luis Obispo PD CA Policy Manual Firearms Accountability Copyright Lexipol, LLC 2019/01/24, All Rights Reserved. Published with permission by San Luis Obispo Police Department Firearms Accountability - 445 If the transfer of the firearm is facilitated by a Range Staff member or on-duty supervisor, the Administrative Sergeant shall be notified as soon as practicable of the firearm serial number, make, model and who the firearm was issued to or recovered from. The Administrative Sergeant shall then update the firearm status in Spillman. Policy 707 San Luis Obispo Police Department San Luis Obispo PD CA Policy Manual Copyright Lexipol, LLC 2019/01/24, All Rights Reserved. Published with permission by San Luis Obispo Police Department Respiratory Protection Program - 446 Respiratory Protection Program 707.1 PURPOSE AND SCOPE The San Luis Obispo Police Department is committed to preventing injury and illness in the workplace and makes every effort to protect our employees from harmful airborne substances. The Department has determined that employees may be exposed to certain airborne hazards including riot control agents and other hazardous substances during routine and emergency situations. The purpose of this program is to ensure that police employees are protected from exposure to respiratory hazards. This general order establishes a respiratory protection program for police personnel. This program will comply with the California Code of Regulations, Title 8, Section 5144, Respiratory Protection. 707.1.1 APPLICATION This program applies to all police personnel who are required to wear respirators during normal work operations and during emergency situations. Participation in this program is mandatory for all reserve officers, officers, sergeants, and lieutenants. Employees participating in the respiratory protection program do so at no cost. The expense associated with the training, medical evaluations and respiratory protection equipment will be borne by the City of San Luis Obispo. 707.1.2 POLICY Employees will use their respirators under conditions specified by this policy, and in accordance with the training they receive on the use of each model. In addition, the respirator shall not be used in a manner for which it is not certified by the NIOSH or by its manufacturer. 707.2 RESPONSIBILITIES (a) Program Administrator: The Program Administrator is responsible for administering the respiratory protection program. The Admin Sergeant is the Program Administrator for the City of San Luis Obispo. Duties of the Program Administrator include: (a)Evaluate respiratory hazards; (b)Arrange for annual qualitative fit testing using an accepted OSHA protocol; (c)Administer the medical surveillance program; (d)Maintain records required by the program; (e)Evaluate the program; (f)Update the written program, as needed (b) Police Department Coordinator: The Operations Division Commander will assign one member of the Department to act as the Police Department's respiratory protection program coordinator. Duties of the Program Coordinator include: (a)Purchase, maintain and inventory of respirators and filter canisters; San Luis Obispo Police Department San Luis Obispo PD CA Policy Manual Respiratory Protection Program Copyright Lexipol, LLC 2019/01/24, All Rights Reserved. Published with permission by San Luis Obispo Police Department Respiratory Protection Program - 447 (b)Coordinate with the Program Administrator on how to address respiratory hazards or other concerns regarding the program; (c)Ensure employees attend the required training; (d)Identify work areas and tasks that require workers to wear respirators; (e)Select proper respiratory protection based on specific or identified hazard; (f)Ensure that employees under their supervision (including new hires) have received the appropriate training, and fit testing; (g)Ensure the availability of appropriate respirators and accessories; (h)Awareness of tasks requiring the use of respiratory protection; (i)Enforce the proper use of respiratory protection when necessary; (j)Continually monitor work areas to identify respiratory hazards; (k)Ensure annual medical exams for the following classifications of employees: (a)Employee is a member of an emergency response team (i.e. Clan Lab clean up) (b)Exposure level in excess of the Permissible Exposure Limit (c)Employee wears the mask on more than two occasions/events in a year (c) Employees: It is the responsibility of the employee to have an awareness of the respiratory protection requirements for his or her work areas in accordance with the City's respiratory protection program. Employees are responsible for wearing the appropriate respiratory equipment according to instructions. Employees are also responsible to observe all factors and conditions required to demonstrate a good respirator fit and adequate face seal. Employees must also: (a)Care for and maintain respiratory protection equipment as instructed, and store it in a clean and sanitary location; (b)Inform their supervisors if the respirator no longer fits and to request a new one that fits properly. A fit check and fit test shall be performed with the issuing of a new mask; (c)Inform their supervisor of the Program Administrator of any respiratory hazards that they feel are not adequately addressed in the workplace and of any concerns that they have regarding the program. 707.3 WORKPLACE EXPOSURE ASSESSMENT The type of airborne hazards presented to police personnel occurs in situations where engineering controls are not feasible or adequate. Control of airborne hazards through employee's use of respirators will provide emergency protection against occasional and relatively brief exposures. The results of the current hazard evaluation have identified the following potential exposure risks: (a)Potential risks of exposure to chemical agents during enforcement and training. Chemical agents can take several forms and be deployed in a variety of delivery systems. The gas can be delivered by a 40 mm launcher. The deployment co CN and CS gas is restricted to members of the Special Weapons and Tactics Team (SWAT); however, it is recognized that CN and CS gas can spread and affect other people in San Luis Obispo Police Department San Luis Obispo PD CA Policy Manual Respiratory Protection Program Copyright Lexipol, LLC 2019/01/24, All Rights Reserved. Published with permission by San Luis Obispo Police Department Respiratory Protection Program - 448 the area. Properly worn full face air purifying respirators are effective for protecting the eyes, nose, mouth, and throat from CN and CS gas. (b)Exposure to OC spray during enforcement and training. The Department utilizes OC spray in MK-4 canisters for use by individual officers, and large area foggers are used by SWAT for crowd control. Properly worn full face air purifying respirators are effective for protecting the eyes, nose, mouth, and throat from OC spray but a mask is not required when training with OC. (c)Potential risk of exposure to tuberculosis (TB) or other Airborne Transmitted Diseases (ATD's), while interacting with individuals likely to be infected. The use of a one half face respirator has been shown to be effective in protecting the wearer from TB. 707.4 RESPIRATORY EQUIPMENT, USE AND SELECTION There are two different pieces of equipment that fall under the category of respirators that San Luis Obispo Police Department field employees shall be provided: (a)The first is a full-face air purifying respirator, commonly known as a gas mask, which will be the MSA Advantage 1000 or similar respirator. This full-face respirator is to be used to protect the employee from chemical agents such as CN and CS. The employee is advised that the full- face respirator is National Institute for Occupational Safety and Health (NIOSH) certified to protect against CN and CS, and is effective but not certified in protecting against OC, Sarin, Hydrogen Cyanide, and other chemicals. The respirator is not intended to protect against all Weapons of Mass Destruction type agents and does not supply its own oxygen. (b)The second type of respirator supplied to field employees is the one half mask N95 respirator. The respirator closely resembles a mesh surgical mask or dust mask and is intended to protect the employee against Tuberculosis (TB). The one half mask N95 respirator will be the 3M respirator or similar product. The one half mask respirator is not designed to protect the wearer against chemical agents but rather is useful in protecting the wearer from contracting TB from a TB victim. These one half mask respirators shall be kept in the patrol and CSO vehicle crash bags. A field employee may retain extra one half facemasks if they desire. The N95 filters exhaled air outside the mask so logically the mask would not be appropriate to place on a TB victim. The mask is instead only for use by the employee. 707.4.1 REQUIREMENTS Reserves, officers, sergeants, and lieutenants will be issued air-purifying respirators. These employees are required to have their respirators available in the field when working uniformed assignments. One half face TB respirators will be kept in vehicles for needed use. Reserves, officers, detectives, sergeants, and lieutenants should make every effort to wear their respirators in situations involving potential exposures. It is recognized that in emergency situations, employees may be unable to obtain and don a respirator prior to deploying agents such as CN, CS and OC. Employees must take appropriate action to avoid exposure. Respirators must be obtained and worn as soon as practical. San Luis Obispo Police Department San Luis Obispo PD CA Policy Manual Respiratory Protection Program Copyright Lexipol, LLC 2019/01/24, All Rights Reserved. Published with permission by San Luis Obispo Police Department Respiratory Protection Program - 449 All respirators must be certified by NIOSH and shall be used in accordance with the terms of that certification. All filters, cartridges, and canisters must be labeled with the appropriate NIOSH approval label. The label must not be removed or defaced while it is in use. Air-purifying respirators should not be used under the following conditions: (a)When contaminants have poor warning properties; that is, when the contaminant cannot be recognized by taste, smell or irritation at or below the permissible exposure limits; (b)In oxygen-deficient atmospheres (below 19.5%); (c)In atmospheres Immediately Dangerous to Life or Health (IDLH); and (d)Atmospheres in which short exposures would cause death, injury or delayed reaction; (e)When there is a respirator selection question remember to refer to the Material Safety Data Sheet for the appropriate personal protective equipment. 707.5 USER SEAL CHECK All employees shall conduct user seal checks each time they wear their respirator. Employees shall use the positive and negative pressure check specified in this policy. The individual who uses a tight-fitting respirator is to perform a user seal check to ensure that an adequate seal is achieved each time the respirator is put on. Either the positive and negative pressure checks listed in this policy, or the respirator manufacturer's recommended user seal check method shall be used. User seal checks are not substitutes for qualitative or quantitative fit tests. 707.5.1 FACE PIECE POSITIVE PRESSURE CHECK Close off the exhalation valve and exhale gently into the face piece. The face fit is considered satisfactory if a slight positive pressure can be built up inside the face piece without any evidence of outward leakage or air at the seal. For most respirators this method of leak testing requires the wearer to first remove the exhalation valve cover before closing off the exhalation valve and then carefully replacing it after the test. 707.5.2 FACE PIECE NEGATIVE PRESSURE CHECK Close off the inlet opening of the canister or cartridge(s) by covering with the palm of the hand(s) or by replacing the filter seal(s), inhale gently so that the face piece collapses slightly, and hold the breath for ten seconds. The design of the inlet opening of some cartridges cannot be effectively covered with the palm of the hand. The test can be performed by covering the inlet opening of the cartridge with a thin latex or nitrile glove. If the face piece remains in its slightly collapsed condition and no inward leakage of air is detected, the tightness of the respirator is considered satisfactory. 707.5.3 MANUFACTURERS RECOMMENDED USER SEAL CHECK The respirator manufacturer's recommended procedures for performing a user seal check may be used instead of the positive and/or negative pressure check procedures provided. San Luis Obispo Police Department San Luis Obispo PD CA Policy Manual Respiratory Protection Program Copyright Lexipol, LLC 2019/01/24, All Rights Reserved. Published with permission by San Luis Obispo Police Department Respiratory Protection Program - 450 707.6 RESPIRATOR CLEANING PROCEDURES These procedures are provided for employer/employee use when cleaning respirators. They are general in nature and the employer/employee as an alternative may use the cleaning recommendations provided by the manufacturer of the respirators. The Department must ensure that the respirator is properly cleaned and disinfected in a manner that prevents damage to the respirator and does not cause harm to the user. 707.6.1 CLEANING PROCEDURES Remove filters, cartridges, or canisters. Disassemble face-pieces by removing speaking diaphragms, demand and pressure-demand valve assemblies, hoses, or any components recommended by the manufacturer. Discard or repair any defective parts. Wash components in warm (43 degrees C [110 degree F] maximum) water with a mild detergent or with a cleaner recommended by the manufacturer. A stiff bristle (not wire) brush may be used to facilitate the removal of dirt. Rinse components thoroughly in clean, warm (43 degree C [110 degree F] maximum), preferably running water. 707.6.2 DISINFECTING When the cleaner used does not contain a disinfecting agent, respirator components should be immersed for two minutes in one of the following: (a)Hypochlorite solution (50 ppm of chlorine) made by adding approximately one milliliter of laundry bleach to one liter of water at 43 degrees C (110 degree F); (b)Aqueous solution of iodine (50 ppm iodine) made by adding approximately 0.8 milliliters of tincture of iodine (6-8 grams ammonium and/or potassium iodine/100 cc of 45% alcohol) to one liter of water at 43 degrees C (110 degrees F); (c)Other commercially available cleansers of equivalent disinfectant quality when used as directed, if their use is recommended or approved by the respirator manufacturer. 707.6.3 COMPLETION Rinse components thoroughly in clean, warm (43 degrees C [110 degrees F] maximum), preferably running water. Drain. The importance of thorough rinsing cannot be overemphasized. Detergents or disinfectants that dry on face pieces may result in dermatitis. In addition, some disinfectants may cause deterioration of rubber or corrosion of metal parts if not completely removed. Components should be hand-dried with a clean lint-free cloth or air-dried. Reassemble face piece, replace the filters, cartridges and canisters when necessary. Test the respirator to ensure that all components work properly. 707.7 FILTER REPLACEMENT SCHEDULE Filters will be stored in their sealed pouches until such time as an employee needs to deploy a respirator. Opened filters that have not been exposed to a hazardous substance will be replaced after 40 hours use. Opened filters that have been exposed, or that may have been exposed to a hazardous substance, will be replaced after 10 hours of use. SWAT officers who expose their San Luis Obispo Police Department San Luis Obispo PD CA Policy Manual Respiratory Protection Program Copyright Lexipol, LLC 2019/01/24, All Rights Reserved. Published with permission by San Luis Obispo Police Department Respiratory Protection Program - 451 filters to live chemical agents at yearly trainings shall discard the exposed filter after training and be issued a sealed new one. Unopened filters will be replaced every two years. 707.8 MEDICAL AND FIT TESTING Employees who are either required to wear respirators, or who choose to wear a tight fitting respirator voluntarily, must pass a medical exam before being permitted to wear a respirator on the job. POST pre-employment exam covering respiratory protection will satisfy this requirement. Those employees will also be required to undergo qualitative TBN95 mask fit testing and a quantitative fit test for the full face mask to ensure a proper seal against the face. Medical and fit tests will be conducted in accordance with the City's policy. Respirators cannot be worn when conditions prevent a good seal between the face of the wearer and the seal area of the respirator. Facial hair, sideburns, mustaches, long hairlines, or bands can pass between the sealing surface of the face piece and the face thus interfering with the function of the respirator valve(s) causing leakage of air or preventing air from entering the face piece on demand. Mustaches, small sideburns, hair length, and "Van Dyke" type beards are acceptable if they are worn in a manner so as not to come between the skin and the sealing surfaces of the respirator or interfere with valves inside the face piece. All affected employees must comply with these regulations. No exceptions will be made. 707.9 EMPLOYEE SAFETY All employees will be permitted to leave the respirator use area to wash their face and respirator face piece as necessary to prevent irritation associated with respirator use; if they detect odors due to vapor or gas breakthrough; changes in breathing resistance; or leakage of the face piece. They may also leave to replace the respirator, cartridges, or canister elements. Policy 708 San Luis Obispo Police Department San Luis Obispo PD CA Policy Manual Copyright Lexipol, LLC 2019/01/24, All Rights Reserved. Published with permission by San Luis Obispo Police Department Police Department Standby Vehicle Policy - 452 Police Department Standby Vehicle Policy 708.1 PURPOSE AND SCOPE This document establishes a policy regarding the effective usage of City of San Luis Police Department vehicles assigned to employees for standby duty. Frequently, employees will use these city vehicles for take home purposes to be on-call, attend training or use outside of their normally scheduled shifts (i.e. surveillance) or as a part of their regular assignment (i.e. Investigations). This policy does not apply to Police Department employees using Police Department vehicles (i.e. marked patrol cars, assigned detective vehicles) as part of their normally scheduled shift during the course of their regularly scheduled duties. Employees assigned a Police Department standby vehicle can be authorized to take a vehicle home when the employee is assigned to duties which may require an immediate response to a work related event requiring the employees presence or when an employee is required to have immediate access to specialized vehicles, tools, or equipment. Employees may be assigned a standby vehicle when traveling to a school, conference or other work related activity. Vehicle assignments will be based primarily on the operational needs of the department. A Police Department employee must not use the standby vehicle for personal purposes, other than for commuting or de minimis use. Note: This policy is a supplemental policy of the City Standby Vehicle Policy and to Police Department Policy Manual 706, Vehicle Use. Police Department employees using other City vehicles, not assigned to the Police Department, must follow the policies written in the City Standby Vehicle Policy. 708.1.1 DEFINITIONS For the purposes of this policy: De minimis means a minimal amount of use secondary to the primary vehicle use of benefit to the City. Example: A stop for a brief personal errand on the direct route between work and the employee's home. Employee means any individual employed by the City of San Luis Obispo. Standby duty is defined as that circumstance which requires an employee so assigned to: Be ready to respond immediately to a call for service; be readily available at all hours by telephone or other agreed-upon communication equipment; and refrain from activities which might impair his/ her assigned duties upon call. 708.2 PROCEDURES: San Luis Obispo Police Department San Luis Obispo PD CA Policy Manual Police Department Standby Vehicle Policy Copyright Lexipol, LLC 2019/01/24, All Rights Reserved. Published with permission by San Luis Obispo Police Department Police Department Standby Vehicle Policy - 453 708.2.1 ABSENCES Should an employee with a Police Department standby vehicle be unable to perform standby duties, they must return or make arrangements to return the standby vehicle on the next business day. 708.2.2 PASSENGERS/COMMUTING IN POLICE DEPARTMENT STANDBY VEHICLES Police Department standby vehicles may be used for carpooling if the employee is transporting another City employee. For the purposes of conducting City related business, it may be necessary to transport other passengers (i.e. suspects, victims, witnesses, work/business related passengers). The need to transport other persons in a Police Department standby vehicle will be determined on an as needed basis. Employees will use discretion keeping in mind the safety, practicality and liability of such transports. Employees should seek supervisor approval prior to transporting others. Police Department standby vehicles will not be used to transport family members or other passengers not engaged in City business. Professional standards of conduct will apply to all occupants of the Police Department standby vehicle at all times including appropriate use of safety equipment such as seat belts. Each passenger must have their own seatbelt. 708.2.3 CITATIONS AND VIOLATIONS An employee who is operating a Police Department standby vehicle is required to pay for moving violations and/or parking citations incurred when using a vehicle for which he/she is responsible. 708.2.4 COMPLIANCE WITH IRS RULES As long as Police Department standby vehicles are being used for work related business, Law Enforcement vehicles are exempt from the Internal Revenue Code requiring that the value of personal use of a City owned vehicle be reported as taxable income to the employee. 708.2.5 OTHER EMPLOYMENT/ACTIVITIES Police Department standby vehicles shall not be driven to and from other non-City employment or for personal activities not related to the scope of the employees expected duties. Employees may be assigned a Police Department vehicle for unrestricted business use with the understanding that there be allowed limited personal use within San Luis Obispo County in order to monitor and use the Police/Emergency service radio and equipment pertinent to the employees duty expectations. Other personal use may be approved in advance by the Police Chief, excluding vacation and recreation trips. 708.2.6 PUBLIC PERCEPTION Use of a Police Department standby vehicle by an employee is neither a right nor a privilege; rather, it is a trust conferred to facilitate necessary performance of job duties. Use of a Police Department standby vehicle should always lead to positive perceptions by our citizens. The City's Code of Ethics states under Section II, Code of Ethics, B. San Luis Obispo Police Department San Luis Obispo PD CA Policy Manual Police Department Standby Vehicle Policy Copyright Lexipol, LLC 2019/01/24, All Rights Reserved. Published with permission by San Luis Obispo Police Department Police Department Standby Vehicle Policy - 454 Actions and Conduct Designed to Build Public Confidence. Employees should be impartial and dedicated to the best interests of the City. They should conduct themselves, both inside and outside the City's service, so as not to cause distrust of their impartiality or of their dedication to the City's best interests. 708.2.7 RESIDENCY REQUIREMENT Employees are not permitted to use a Police Department standby vehicle for travel between home and the work site if they reside more than 90 minutes outside the City limits. 708.2.8 SAFETY Police Department standby vehicles shall be operated in a safe and courteous manner at all times. Drivers must have an appropriate valid driver's license for the vehicle they are operating. While all employees are on the DMV Pull Notice Program, if driver's license status changes, the employee must notify their supervisor and the Human Resources Manager by the close of the next business day. Drivers are required to comply with the laws and ordinances concerning operation of motor vehicles and rules of the road and shall not be operated by an individual using or under the influence of drugs and/or alcohol. Seat belts for drivers and any passenger must be fastened at all times. It is the employee's responsibility to check to make certain that all vehicle safety equipment is working properly. Any vehicle damage or defect affecting the safe operation of the vehicle must be documented and reported to the employee's supervisor and the Fleet Maintenance Supervisor. 708.2.9 SMOKING Smoking and the use of tobacco products are prohibited in Police Department standby vehicles. 708.2.10 TOWING AND TRANSPORTING PERSONAL ITEMS Other than transporting incidental daily necessities Police Department standby vehicles shall not be used for towing personal items or transporting personal property from one place to another. 708.2.11 VEHICLE STORAGE AND SECURITY An employee who is assigned a vehicle while on standby, especially those with City equipment stored in them, must take reasonable precautions to secure and safeguard all City property. When possible, employees will provide secure, off-street parking for standby vehicles. 708.3 EXAMPLES The following are examples of standby vehicle use that are likely to be allowed or not allowed under this policy and the IRS definition of de minimis use. (Note: These examples are just that: examples to help guide implementation of this policy.) 708.3.1 ALLOWED €# CONSIDERED DE MINIMIS USE (a)Jim makes a brief stop at a grocery store for a non-alcoholic item on the direct route while on the way home from work. San Luis Obispo Police Department San Luis Obispo PD CA Policy Manual Police Department Standby Vehicle Policy Copyright Lexipol, LLC 2019/01/24, All Rights Reserved. Published with permission by San Luis Obispo Police Department Police Department Standby Vehicle Policy - 455 (b)Joe stops by the bank and uses the ATM machine on the way to work before his scheduled shift. (c)Lynn lives in Morro Bay, but often stays over at her friend's house in Atascadero. While her friend's house is not on the route between work and home, this is allowed if Lynn is using the friend's house as her residence that night. 708.3.2 NOT ALLOWED (a)Mary lives in Atascadero, but decides to take the City vehicle to dinner in Morro Bay. This would not be allowed as the City would be incurring gas and vehicle usage cost, and a negative public perception may be created. (b)Bob drops off his daughter at school on the way to reporting to work. Only transportation of City employees is allowed. (c)Doug stops at a furniture store on the direct route between home and work to transport a new sofa. While no additional miles are being driven, this could lead to negative public perception when the public views a sofa in the back of a City truck. (d)Barbara and Jake are dating. Barbara lives in Nipomo and Jake lives in Los Osos. Barbara often goes to dinner at Jake's house in Los Osos. Barbara should not be taking the standby vehicle to Jake's house as the trip to Los Osos would not be considered a de minimis trip. (e)Greta lives in Paso Robles and uses the standby vehicle to visit her mother in Nipomo. This would not be considered de minimis use as the City would be incurring gas and vehicle usage costs. (f)Shawn makes a brief stop at a winery to pick up his recent wine order. This could be interpreted negatively by the public and Shawn should not be transporting alcohol in his City vehicle. (g)On Kyle's day off he goes to the barber to get his haircut. The barber is on the direct route between home and work. The standby vehicle should not be used for personal errands that are not part of the workday commute. (h)After work one evening, Chris stops by an equipment rental business and rents a tow- behind cement mixer for use at his home. The standby vehicle should not be used to tow non-City owned or rented equipment for personal use. San Luis Obispo Police Department San Luis Obispo PD CA Policy Manual Copyright Lexipol, LLC 2019/01/24, All Rights Reserved. Published with permission by San Luis Obispo Police Department Support Services - 456 Chapter 8 - Support Services Policy 801 San Luis Obispo Police Department San Luis Obispo PD CA Policy Manual Copyright Lexipol, LLC 2019/01/24, All Rights Reserved. Published with permission by San Luis Obispo Police Department The Communications Center - 457 The Communications Center 801.1 PURPOSE AND SCOPE This policy establishes guidelines for the basic functions of the Communications Center. It addresses the immediate information needs of the Department in the course of its normal daily activities and during emergencies. 801.2 POLICY It is the policy of the San Luis Obispo Police Department to provide 24-hour telephone service to the public for information and for routine or emergency assistance. The Department provides two- way radio capability providing continuous communication between the Communications Center and department members in the field. 801.3 THE COMMUNICATIONS CENTER SECURITY The communications function is vital and central to all emergency service operations. The safety and security of the Communications Center, its members and its equipment must be a high priority. Special security procedures should be established in a separate operations manual for the Communications Center. Access to the Communications Center shall be limited to the Communications Center members, the Watch Commander, command staff and department members with a specific business-related purpose. 801.3.1 EMERGENCY MEDICAL DISPATCHING In utilizing Emergency Medical Dispatching protocols, employees shall follow all guidelines as set forth in the Pre-Hospital Policy established by the Emergency Medical Services Agency of Name of your jurisdiction: County. In the event that the need arises to temporarily suspend use of the EMDPRS, all emergency medical personnel shall be dispatched in accordance with the dispatch center's policies and the following protocol shall be followed: (a)It will be the responsibility of the on-duty EMD dispatcher to determine if the call load is such that it would be unsafe to continue use of the EMDPRS and temporarily suspend EMD protocol in the center. (b)The circumstances and reason for suspending EMD will be submitted in writing to the EMD Manager by the suspending dispatcher. (c)The on-duty dispatcher will question callers and dispatch medical units in a manner consistent with their basic dispatch training. (d)The dispatcher will advise responders that EMD has been suspended. (e)The on-duty Battalion Chief or responding engine may direct Dispatch to reduce the response code if appropriate. San Luis Obispo Police Department San Luis Obispo PD CA Policy Manual The Communications Center Copyright Lexipol, LLC 2019/01/24, All Rights Reserved. Published with permission by San Luis Obispo Police Department The Communications Center - 458 801.4 RESPONSIBILITIES 801.4.1 COMMUNICATIONS SUPERVISOR The Chief of Police shall appoint and delegate certain responsibilities to a Communications Supervisor. The Communications Supervisor is directly responsible to the Operations Bureau Commander or the authorized designee. The responsibilities of the Communications Supervisor include, but are not limited to: (a)Overseeing the efficient and effective operation of the Communications Center in coordination with other supervisors. (b)Scheduling and maintaining dispatcher time records. (c)Supervising, training and evaluating dispatchers. (d)Ensuring the radio and telephone recording system is operational. 1.Recordings shall be maintained in accordance with the established records retention schedule and as required by law. (e)Processing requests for copies of the Communications Center information for release. (f)Maintaining the Communications Center database systems. (g)Maintaining and updating the Communications Center procedures manual. 1.Procedures for specific types of crime reports may be necessary. For example, specific questions and instructions may be necessary when talking with a victim of a sexual assault to ensure that his/her health and safety needs are met, as well as steps that he/she may take to preserve evidence. 2.Ensuring dispatcher compliance with established policies and procedures. (h)Handling internal and external inquiries regarding services provided and accepting personnel complaints in accordance with the Personnel Complaints Policy. (i)Maintaining a current contact list of City personnel to be notified in the event of a utility service emergency. 801.4.2 ADDITIONAL PROCEDURES The Communications Supervisor should establish procedures for: (a)Recording all telephone and radio communications and playback issues. (b)Storage and retention of recordings. (c)Security of audio recordings (e.g., passwords, limited access, authorized reviewers, preservation of recordings past normal retention standards). (d)Availability of current information for dispatchers (e.g., Watch Commander contact, rosters, member tracking methods, member contact, maps, emergency providers, tactical dispatch plans). (e)Assignment of field members and safety check intervals. (f)Emergency Medical Dispatch (EMD) instructions. San Luis Obispo Police Department San Luis Obispo PD CA Policy Manual The Communications Center Copyright Lexipol, LLC 2019/01/24, All Rights Reserved. Published with permission by San Luis Obispo Police Department The Communications Center - 459 (g)Procurement of external services (e.g., fire suppression, ambulances, aircraft, tow trucks, taxis). (h)Protection of essential equipment (e.g., surge protectors, gaseous fire suppression systems, uninterruptible power systems, generators). (i)Protection of radio transmission lines, antennas and power sources for the Communications Center (e.g., security cameras, fences). (j)Handling misdirected, silent and hang-up calls. (k)Handling private security alarms, if applicable. (l)Radio interoperability issues. 801.4.3 DISPATCHERS Dispatchers report to the Communications Supervisor. The responsibilities of the dispatcher include, but are not limited to: (a)Receiving and handling all incoming and transmitted communications, including: 1.Emergency 9-1-1 lines. 2.Business telephone lines. 3.Telecommunications Device for the Deaf (TDD)/Text Telephone (TTY) equipment. 4.Radio communications with department members in the field and support resources (e.g., fire department, emergency medical services (EMS), allied agency law enforcement units). 5.Other electronic sources of information (e.g., text messages, digital photographs, video). (b)Documenting the field activities of department members and support resources (e.g., fire department, EMS, allied agency law enforcement units). (c)Inquiry and entry of information through the Communications Center, department and other law enforcement database systems (CLETS, DMV, NCIC). (d)Monitoring department video surveillance systems. (e)Maintaining the current status of members in the field, their locations and the nature of calls for service. (f)Notifying the Watch Commander or field supervisor of emergency activity, including, but not limited to: 1.Vehicle pursuits. 2.Foot pursuits. 3.Assignment of emergency response. San Luis Obispo Police Department San Luis Obispo PD CA Policy Manual The Communications Center Copyright Lexipol, LLC 2019/01/24, All Rights Reserved. Published with permission by San Luis Obispo Police Department The Communications Center - 460 801.5 CALL HANDLING This Department provides members of the public with access to the 9-1-1 system for a single emergency telephone number. When a call for services is received, the dispatcher will reasonably and quickly attempt to determine whether the call is an emergency or non-emergency, and shall quickly ascertain the call type, location and priority by asking four key questions: •Where? •What? •When? •Who? If the dispatcher determines that the caller has a hearing and/or speech impairment or disability, he/she shall immediately initiate a connection with the individual via available TDD/TTY equipment or Telephone Relay Service (TRS), as mandated by the Americans with Disabilities Act (ADA). If the dispatcher determines that the caller is a limited English proficiency (LEP) individual, the dispatcher should quickly determine whether sufficient information can be obtained to initiate an appropriate response. If language assistance is still needed, the language is known and a language-appropriate authorized interpreter is available in the Communications Center, the dispatcher should immediately connect the LEP caller to the authorized interpreter. If no authorized interpreter is available or the dispatcher is unable to identify the caller’s language, the dispatcher will contact the contracted telephonic interpretation service and establish a three- party call connecting the dispatcher, the LEP individual and the interpreter. Dispatchers should be courteous, patient and respectful when dealing with the public. 801.5.1 EMERGENCY CALLS A call is considered an emergency when there is an immediate or potential threat to life or serious property damage, and the timely arrival of public safety assistance is of the utmost importance. A person reporting an emergency should not be placed on hold until the dispatcher has obtained all necessary information to ensure the safety of the responding department members and affected individuals. Emergency calls should be dispatched immediately. The Watch Commander shall be notified of pending emergency calls for service when department members are unavailable for dispatch. 801.5.2 TEXT TO 911 Citizens can contact the San Luis Obispo Police Department via Short Message Service (SMS) text messaging when they cannot call 9-1-1. As with voice calls, text emergency calls shall be dispatched immediately. The Watch Commander shall be notified of pending emergency calls for service when San Luis Obispo Police Department members are not available for dispatch. Multiple text sessions will be prioritized in the same manner as 9-1-1 voice calls. San Luis Obispo Police Department San Luis Obispo PD CA Policy Manual The Communications Center Copyright Lexipol, LLC 2019/01/24, All Rights Reserved. Published with permission by San Luis Obispo Police Department The Communications Center - 461 801.5.3 NON-EMERGENCY CALLS A call is considered a non-emergency call when there is no immediate or potential threat to life or property. A person reporting a non-emergency may be placed on hold, if necessary, to allow the dispatcher to handle a higher priority or emergency call. The reporting person should be advised if there will be a delay in the dispatcher returning to the telephone line or when there will be a delay in the response for service. 801.6 RADIO COMMUNICATIONS The police radio system is for official use only, to be used by dispatchers to communicate with department members in the field. All transmissions shall be professional and made in a calm, businesslike manner, using proper language and correct procedures. Such transmissions shall include, but are not limited to: (a)Members acknowledging the dispatcher with their radio identification call signs and current location. (b)Dispatchers acknowledging and responding promptly to all radio transmissions. (c)Members keeping the dispatcher advised of their status and location. (d)Member and dispatcher acknowledgements shall be concise and without further comment unless additional information is needed. The Communications Supervisor shall be notified of radio procedure violations or other causes for complaint. All complaints and violations will be investigated and reported to the complainant’s supervisor and processed through the chain of command. 801.6.1 FEDERAL COMMUNICATIONS COMMISSION COMPLIANCE San Luis Obispo Police Department radio operations shall be conducted in accordance with Federal Communications Commission (FCC) procedures and requirements. 801.6.2 RADIO IDENTIFICATION Radio call signs are assigned to department members based on factors such as duty assignment, uniformed patrol assignment and/or member identification number. Dispatchers shall identify themselves on the radio with the appropriate station name or number, and identify the department member by his/her call sign. Members should use their call signs when initiating communication with the dispatcher. The use of the call sign allows for a brief pause so that the dispatcher can acknowledge the appropriate department member. Members initiating communication with other law enforcement or support agencies shall use their entire radio call sign, which includes the department station name or number. 801.7 DOCUMENTATION It shall be the responsibility of the Communications Center to document all relevant information on calls for service or self-initiated activity. Dispatchers shall attempt to elicit, document and relay San Luis Obispo Police Department San Luis Obispo PD CA Policy Manual The Communications Center Copyright Lexipol, LLC 2019/01/24, All Rights Reserved. Published with permission by San Luis Obispo Police Department The Communications Center - 462 as much information as possible to enhance the safety of the member and assist in anticipating conditions that may be encountered at the scene. Desirable information would include, at a minimum: •Incident control number. •Date and time of request. •Name and address of the reporting person, if possible. •Type of incident reported. •Involvement of weapons, drugs and/or alcohol. •Location of incident reported. •Identification of members assigned as primary and backup. •Time of dispatch. •Time of the responding member’s arrival. •Time of member’s return to service. •Disposition or status of reported incident. 801.8 CONFIDENTIALITY Information that becomes available through the Communications Center may be confidential or sensitive in nature. All members of the Communications Center shall treat information that becomes known to them as confidential and release that information in accordance with the Protected Information Policy. Automated data, such as Department of Motor Vehicle records, warrants, criminal history information, records of internal police files or medical information, shall only be made available to authorized law enforcement personnel. Prior to transmitting confidential information via the radio, an admonishment shall be made that confidential information is about to be broadcast. 801.9 TRAINING AND CERTIFICATION Dispatchers shall receive training consistent with minimum standards established by POST (Penal Code § 13510). Policy 803 San Luis Obispo Police Department San Luis Obispo PD CA Policy Manual Copyright Lexipol, LLC 2019/01/24, All Rights Reserved. Published with permission by San Luis Obispo Police Department Property and Evidence - 463 Property and Evidence 803.1 PURPOSE AND SCOPE This policy provides for the proper collection, storage, and security of evidence and other property. Additionally, this policy provides for the protection of the chain of evidence and those persons authorized to remove and/or destroy property. 803.2 DEFINITIONS Property - Includes all items of evidence, items taken for safekeeping and found property. Evidence - Includes items taken or recovered in the course of an investigation that may be used in the prosecution of a case. This includes photographs and latent fingerprints. Safekeeping - Includes the following types of property: •Property obtained by the Department for safekeeping such as a firearm •Personal property of an arrestee not taken as evidence •Property taken for safekeeping under authority of a law (e.g., Welfare and Institutions Code § 5150 (mentally ill persons)) Found property - Includes property found by an employee or citizen that has no apparent evidentiary value and where the owner cannot be readily identified or contacted. 803.3 PROPERTY HANDLING Any employee who first comes into possession of any property, shall retain such property in his/ her possession until it is properly tagged and placed in the designated property locker or drop slot. Care shall be taken to maintain the chain of custody for all evidence. Where ownership can be established as to found property with no apparent evidentiary value, such property may be released to the owner without the need for booking. The report/log should reflect the return. Any employee who takes property for safekeeping shall: (a) Complete a Property Receipt form at the time the property is taken for safekeeping. (b) Provide the second copy of the Property Receipt form to the property owner. (c) Attach the original copy to the report. The Officer shall note in the comments section of the evidence screen that the owner of the property was provided with a receipt. At the time owner claims the property, a Release of Evidence/ Property Receipt will be completed and a release fee shall be assessed. 803.3.1 PROPERTY BOOKING PROCEDURE All property must be booked prior to the employee going off-duty unless otherwise approved by a supervisor. Employees booking property shall observe the following guidelines: San Luis Obispo Police Department San Luis Obispo PD CA Policy Manual Property and Evidence Copyright Lexipol, LLC 2019/01/24, All Rights Reserved. Published with permission by San Luis Obispo Police Department Property and Evidence - 464 (a)Complete the CAD RMS evidence entry describing each item of property separately, listing all serial numbers, owner's name, finder's name, and other identifying information or markings. (b)Each item shall be packaged into an appropriate size container (i.e. evidence envelope, bag or wrapping). Each item shall be sealed with evidence tape. The employee shall write their initials and the date across the tape in a manner that the writing overlaps onto the packaging. (c)Items which are unable to be packaged shall have the appropriate evidence tag affixed. (d)Officers shall complete a CAD RMS entry, create a bar code evidence label and attach it to the upper right hand corner of each package or envelope. (e)The original property form shall be submitted with the case report. 803.3.2 NARCOTICS AND DANGEROUS DRUGS All narcotics and dangerous drugs shall be booked separately using a separate property record. Drugs that need to be sent for drug analysis are required to be booked in a lab envilope.Paraphernalia as defined by Health & Safety Code § 11364 shall also be booked separately. 803.3.3 EXPLOSIVES Officers who encounter a suspected explosive device shall promptly notify their immediate supervisor or the Watch Commander. The bomb squad will be called to handle explosive-related incidents and will be responsible for the handling, storage, sampling and disposal of all suspected explosives. Explosives will not be retained in the police facility. Only fireworks that are considered stable and safe and road flares or similar signaling devices may be booked into property. All such items shall be stored in proper containers and in an area designated for the storage of flammable materials. 803.3.4 EXCEPTIONAL HANDLING Certain property items require a separate process. The following items shall be processed in the described manner: (a)Bodily fluids such as blood or semen stains shall be air dried prior to booking (b)License plates found not to be stolen or connected with a known crime, should be released directly to the Property and Evidence Clerk, or placed in the designated container for return to the Department of Motor Vehicles. No formal property booking process is required. San Luis Obispo Police Department San Luis Obispo PD CA Policy Manual Property and Evidence Copyright Lexipol, LLC 2019/01/24, All Rights Reserved. Published with permission by San Luis Obispo Police Department Property and Evidence - 465 (c)All bicycles and bicycle frames require a property record. Property tags will be securely attached to each bicycle or bicycle frame. The property should be placed in the bicycle storage area until the Property and Evidence Section Clerk can log the property. (d)All cash shall be counted according to the two person rule (counted by one and verified by another). A supervisor shall be contacted for cash in exess of $1,000. City property, unless connected to a known criminal case, should be released directly to the appropriate City department. No formal booking is required. In cases where no responsible person can be located, the property should be booked for safekeeping in the normal manner. 803.3.5 RELINQUISHED FIREARMS Individuals who relinquish firearms pursuant to the provisions of Penal Code § 29850 shall be issued a receipt that describes the firearm, the serial number or other identification of the firearm at the time of relinquishment (Penal Code § 29810). Relinquished firearms shall be retained for 30 days, after which time they may be destroyed, retained, sold or otherwise transferred, unless (Penal Code § 29810): (a)A certificate is issued by a judge of a court of record or the District Attorney stating the firearms shall be retained; or (b)The convicted person provides written notice of an intent to appeal the conviction that necessitated the relinquishment; or (c)The Automated Firearms System indicates that the firearm was reported lost or stolen. 1.In such event, the firearm shall be restored to the lawful owner as soon as it is no longer needed as evidence, the lawful owner has identified the weapon and provided proof of ownership, and the Department has complied with the requirements of Penal Code § 33850 et seq. The Property and Evidence Clerk shall ensure the Records Supervisor is notified of the relinquished firearm for purposes of updating the Automated Firearms System and the disposition of the firearm for purposes of notifying the California Department of Justice (DOJ) (See the Records Bureau Policy). 803.4 PACKAGING OF PROPERTY Certain items require special consideration and shall be booked separately as follows: (a)Narcotics and dangerous drugs (b)Firearms (ensure they are unloaded and booked separately from ammunition) (c)Property with more than one known owner (d)Paraphernalia as described in Health and Safety Code § 11364 (e)Fireworks (f)Contraband San Luis Obispo Police Department San Luis Obispo PD CA Policy Manual Property and Evidence Copyright Lexipol, LLC 2019/01/24, All Rights Reserved. Published with permission by San Luis Obispo Police Department Property and Evidence - 466 803.4.1 PACKAGING CONTAINER Employees shall package all property, in a suitable container available for its size. A bar code label shall be securely attached to the outside of all items or group of items packaged together. 803.4.2 PACKAGING NARCOTICS The officer seizing narcotics and dangerous drugs shall retain such property in his/her possession until it is properly weighed, packaged, tagged, and placed in an evidence locker or evidence drop slot. Prior to packaging and if the quantity allows, a presumptive test should be made on all suspected narcotics. If conducted, the results of this test shall be included in the officer's report. All drugs/narcotics associated with a drug charge shall be booked in a lab envelope with the front filled out and the chain of custody completed . The booking officer shall initial the sealed envelope and the initials covered with cellophane tape. Narcotics and dangerous drugs shall not be packaged with other property. A bar code shall be attached to the outside of the container. 803.5 RECORDING OF PROPERTY The Property and Evidence Section Clerk receiving custody of evidence or property shall record his/her signature, the date and time the property was received and where the property will be stored in the department's CAD RMS system. An evidence number shall be obtained for each item or group of items. The number will print on a bar code label which will be affixed to the item(s). Any changes in the location of property held by the Name of your jurisdiction: Police Department shall be noted in the Department's CAD RMS system. 803.6 PROPERTY CONTROL Each time the Property and Evidence Section Clerk receives property or releases property to another person, he/she shall enter this information into CAD RMS. When practical, officers desiring property for court shall contact the Property and Evidence Section Clerk at least two business days prior to the court day. When releasing audio from the department recording system the Property and Evidence Section Clerk shall make a separate copy of the recording and add it as evidence on all criminal cases. 803.6.1 RESPONSIBILITY OF OTHER PERSONNEL Every time property is released or received, an appropriate entry in CAD RMS shall be completed to maintain the chain of possession. Request for analysis for items other than narcotics or drugs shall be noted on the evidence packaging and/or in the CAD RMS Evidence Table comments field. San Luis Obispo Police Department San Luis Obispo PD CA Policy Manual Property and Evidence Copyright Lexipol, LLC 2019/01/24, All Rights Reserved. Published with permission by San Luis Obispo Police Department Property and Evidence - 467 803.6.2 TRANSFER OF EVIDENCE TO CRIME LABORATORY Items of evidence will be shipped to the lab. At that time the items will be noted/checked out in CAD RMS and a release form will be sent with the property. When a release form is returned the form will be scanned into the original report. 803.6.3 STATUS OF PROPERTY Temporary release of property to officers for investigative purposes, or for court, shall be noted in CAD RMS, stating the date, time and to whom released. A property release form should also be completed. The Property and Evidence Section Clerk shall obtain the signature of the person to whom property is released, and the reason for release. Any employee receiving property shall be responsible for such property until it is properly returned to property or properly released to another authorized person or entity. The return of the property shall be noted in CAD RMS. 803.6.4 AUTHORITY TO RELEASE PROPERTY The Investigating officer shall authorize the disposition or release of all evidence and property, except found or safekeeping property, coming into the care and custody of the Department. 803.6.5 RELEASE OF PROPERTY All reasonable attempts shall be made to identify the rightful owner of found property or evidence not needed for an investigation. Release of property shall be made upon receipt of an authorized release form, listing the name and address of the person to whom the property is to be released. The release authorization shall be signed by the authorizing supervisor or detective and must conform to the items listed on the property form or must specify the specific item(s) to be released. Release of all property shall be documented on the property form. With the exception of firearms and other property specifically regulated by statute, found property and property held for safekeeping shall be held for a minimum of 90 days. During such period, property personnel shall attempt to contact the rightful owner by telephone and/or mail when sufficient identifying information is available. Property not held for any other purpose and not claimed within 90 days after notification (or receipt, if notification is not feasible) may be auctioned to the highest bidder at a properly published public auction. If such property is not sold at auction or otherwise lawfully claimed, it may thereafter be destroyed (Civil Code § 2080.6). The final disposition of all such property shall be fully documented in related reports. A Property and Evidence Clerk shall release the property upon proper identification being presented by the owner for which an authorized release has been received. A signature of the person receiving the property shall be recorded on the original property form. After release of all property entered on the property control card, the card shall be forwarded to the Records Bureau for filing with the case. If some items of property have not been released the property San Luis Obispo Police Department San Luis Obispo PD CA Policy Manual Property and Evidence Copyright Lexipol, LLC 2019/01/24, All Rights Reserved. Published with permission by San Luis Obispo Police Department Property and Evidence - 468 card will remain with the Property and Evidence Section. Upon release, the proper entry shall be documented in the Property Log. Under no circumstances shall any firearm be returned to any individual unless and until such person presents valid identification and written notification from the California Department of Justice that conforms to the provisions of Penal Code § 33865. The Property and Evidence Section Supervisor should also make reasonable efforts to determine whether the person is the subject of any court order preventing the person from possessing a firearm and if so, the firearm should not be released to the person while the order is in effect. The Department is not required to retain any firearm or other deadly weapon longer than 180 days after notice has been provided to the owner that such firearm or other deadly weapon is available for return. At the expiration of such period, the firearm or other deadly weapon may be processed for disposal in accordance with applicable law (Penal Code § 33875). 803.6.6 DISPUTED CLAIMS TO PROPERTY Occasionally more than one party may claim an interest in property being held by the Department, and the legal rights of the parties cannot be clearly established. Such property shall not be released until one party has obtained a valid court order or other undisputed right to the involved property. All parties should be advised that their claims are civil and in extreme situations, legal counsel for the Department may wish to file an interpleader to resolve the disputed claim (Code of Civil Procedure § 386(b)). 803.6.7 CONTROL OF NARCOTICS & DANGEROUS DRUGS The Property and Evidence Clerk will be responsible for the storage, control, and destruction of all narcotics and dangerous drugs coming into the custody of this department, including paraphernalia as described in Health & Safety Code § 11364. 803.6.8 RELEASE OF FIREARM IN DOMESTIC VIOLENCE MATTERS Within five days of the expiration of a restraining order issued in a domestic violence matter that required the relinquishment of a firearm, the Property and Evidence Clerk shall return the weapon to the owner if the requirements of Penal Code § 33850 and Penal Code § 33855 are met unless the firearm is determined to be stolen, evidence in a criminal investigation or the individual is otherwise prohibited from possessing a firearm (Family Code § 6389(g); Penal Code § 33855). 803.6.9 RELEASE OF FIREARMS AND WEAPONS IN MENTAL ILLNESS MATTERS Firearms and other deadly weapons confiscated from an individual detained for an evaluation by a mental health professional or subject to the provisions of Welfare and Institutions Code § 8100 or Welfare and Institutions Code § 8103 shall be released or disposed of as follows: (a)If a petition for a hearing regarding the return of the weapon has been initiated pursuant to Welfare and Institutions Code § 8102(c), the weapon shall be released or disposed of as provided by an order of the court. If the court orders a firearm returned, the firearm shall not be returned unless and until the person presents valid identification and San Luis Obispo Police Department San Luis Obispo PD CA Policy Manual Property and Evidence Copyright Lexipol, LLC 2019/01/24, All Rights Reserved. Published with permission by San Luis Obispo Police Department Property and Evidence - 469 written notification from the California Department of Justice (DOJ) which conforms to the provisions of Penal Code § 33865. (b)If no petition has been initiated pursuant to Welfare and Institutions Code § 8102(c) and the weapon is not retained as evidence, the Department shall make the weapon available for return. No firearm will be returned unless and until the person presents valid identification and written notification from the California DOJ which conforms to the provisions of Penal Code § 33865. (c)Unless the person contacts the Department to facilitate the sale or transfer of the firearm to a licensed dealer pursuant to Penal Code § 33870, firearms not returned should be sold, transferred, destroyed or retained as provided in Welfare and Institutions Code § 8102. 803.6.10 RELEASE OF FIREARMS IN GUN VIOLENCE RESTRAINING ORDER MATTERS Firearms and ammunition that were taken into temporary custody or surrendered pursuant to a gun violence restraining order shall be returned to the restrained person upon the expiration of the order and in accordance with the requirements of Penal Code § 33850 et seq. (Penal Code § 18120). If the restrained person who owns the firearms or ammunition does not wish to have the firearm or ammunition returned, he/she is entitled to sell or transfer title to a licensed dealer, provided that the firearms or ammunition are legal to own or possess and the restrained person has right to title of the firearms or ammunition (Penal Code § 18120). If a person other than the restrained person claims title to the firearms or ammunition surrendered pursuant to Penal Code § 18120 and the San Luis Obispo Police Department determines him/ her to be the lawful owner, the firearms or ammunition shall be returned in accordance with the requirements of Penal Code § 33850 et seq. (Penal Code § 18120). Firearms and ammunition that are not claimed are subject to the requirements of Penal Code § 34000. 803.7 DISPOSITION OF PROPERTY All property not held for evidence in a pending criminal investigation or proceeding, and held for six months or longer where the owner has not been located or fails to claim the property, may be disposed of in compliance with existing laws upon receipt of proper authorization for disposal. The Property and Evidence Clerk shall request a disposition or status on all property which has an adjudicated status or has been held past the filing deadline. 803.7.1 EXCEPTIONAL DISPOSITIONS The following types of property shall be destroyed or disposed of in the manner, and at the time prescribed by law, unless a different disposition is ordered by a court of competent jurisdiction: •Weapons declared by law to be nuisances (Penal Code § 29300; Penal Code § 18010; Penal Code § 32750) San Luis Obispo Police Department San Luis Obispo PD CA Policy Manual Property and Evidence Copyright Lexipol, LLC 2019/01/24, All Rights Reserved. Published with permission by San Luis Obispo Police Department Property and Evidence - 470 •Animals, birds, and related equipment that have been ordered forfeited by the court (Penal Code § 599a) •Counterfeiting equipment (Penal Code § 480) •Gaming devices (Penal Code § 335a) •Obscene matter ordered to be destroyed by the court (Penal Code § 312) •Altered vehicles or component parts (Vehicle Code § 10751) •Narcotics (Health and Safety Code § 11474 et seq.) •Unclaimed, stolen or embezzled property (Penal Code § 1411) •Destructive devices (Penal Code § 19000) •Sexual assault evidence (Penal Code § 680(e)) 803.7.2 UNCLAIMED MONEY If found or seized money is no longer required as evidence and remains unclaimed after three years, the Department shall cause a notice to published each week for a period of two consecutive weeks in a local newspaper of general circulation (Government Code § 50050). Such notice shall state the amount of money, the fund in which it is held and that the money will become the property of the agency on a designated date not less than 45 days and not more than 60 days after the first publication (Government Code § 50051). Any individual item with a value of less than $15.00, or any amount if the depositor/owner's name is unknown, which remains unclaimed for a year or by order of the court, may be transferred to the general fund without the necessity of public notice (Government Code § 50055). If the money remains unclaimed as of the date designated in the published notice, the money will become the property of this City and transferred to the City's General Fund. 803.7.3 PROPERTY FOR DIVERSION General Property for Departmental Use (Diverted Property) (a)Property may only be used by the City for training, work, or undercover operations if the property is diverted by the following procedures: 1.The Property Clerk or Employee requesting the property shall send a memo requesting the diversion of the property via chain of command. 2.No property is to be diverted for use by the City until after proper authorization has been received from the Chief of Police and/or the City Manager. (a)An exception to the required memorandum are the use of bicycles for City use. 3.Once the Chief of Police and/or City Manager have approved the memorandum the property may be diverted for Departmental use. San Luis Obispo Police Department San Luis Obispo PD CA Policy Manual Property and Evidence Copyright Lexipol, LLC 2019/01/24, All Rights Reserved. Published with permission by San Luis Obispo Police Department Property and Evidence - 471 Firearms for Departmental Use (Diverted Firearms) (a)Firearms may only be used by the City for training, work, or undercover operations if the property is diverted by the following procedures: 1.Firearms that have been unclaimed and marked for destruction may be examined by Range personnel in order to identify those which would be useful to the City for official use. 2.The Property Clerk or employee requesting the firearm(s) shall submit a memorandum through the chain of command to the Chief of Police requesting the diversion of the firearm for City use. 3.Once approved, the Chief of Police will forward the request for diversion to the City Manager for approval. 4.No firearm shall be diverted for City use until after proper authorization has been received from the Chief of Police and the City Manager. 5.Once approved by the Police Chief and City Manager, the firearm(s) make, model, serial number, caliber, and any other necessary descriptors shall be forwarded to Communications so the firearm(s) may be entered into the Automated Firearm System (AFS) as being retained by the City for official use. 803.7.4 RETENTION OF BIOLOGICAL EVIDENCE The Property and Evidence Section Clerk shall ensure that no biological evidence held by the Department is destroyed without adequate notification to the following persons, when applicable: (a)The defendant (b)The defendant's attorney (c)The appropriate prosecutor and Attorney General (d)Any sexual assault victim (e)The Investigation Bureau supervisor Biological evidence shall be retained for a minimum period established by law (Penal Code § 1417.9) or the expiration of any sentence imposed related to the evidence, whichever time period is greater. Following the retention period, notifications should be made by certified mail and should inform the recipient that the evidence will be destroyed after a date specified in the notice unless a motion seeking an order to retain the sample is filed and served on the Department within 90 days of the date of the notification. A record of all certified mail receipts shall be retained in the appropriate file. Any objection to, or motion regarding, the destruction of the biological evidence should be retained in the appropriate file and a copy forwarded to the Investigation Bureau supervisor. Biological evidence related to a homicide shall be retained indefinitely and may only be destroyed with the written approval of the Chief of Police and the head of the applicable prosecutor's office. Biological evidence from an unsolved sexual assault should not be disposed San Luis Obispo Police Department San Luis Obispo PD CA Policy Manual Property and Evidence Copyright Lexipol, LLC 2019/01/24, All Rights Reserved. Published with permission by San Luis Obispo Police Department Property and Evidence - 472 of prior to expiration of the statute of limitations. Even after expiration of an applicable statute of limitations, currently 10 years, the Investigation Bureau supervisor should be consulted and the sexual assault victim should be notified. Furthermore, the investigating officer or investigator should be consulted prior to disposal. 803.8 INSPECTIONS OF THE EVIDENCE ROOM (a)On a monthly basis, the supervisor of the Property and Evidence Clerk shall make an inspection of the evidence storage facilities and practices to ensure adherence to appropriate policies and procedures. (b)Unannounced inspections of evidence storage areas shall be conducted as directed by the Chief of Police. (c)An audit of evidence held by the department shall be conducted annually by a Bureau Captain or Lieutenant (as appointed by the Chief of Police) not routinely or directly connected with evidence control. (d)Whenever a change is made in personnel who have access to the evidence room, an inventory of all evidence/property shall be made by an individual(s) not associated to the property room or function to ensure that records are correct and all evidence property is accounted for. 803.9 PROPERTY INTENTIALLY ABANDONED ON RENTAL PREMISES Whenever any landlord, owner, manager, or their agent, of any residential rental property calls to report property abandoned by a previous tenant at the rental, the situation should be assessed to determine if a reasonable belief exists that the property has been intentionally abandoned by the owner. If such reasonable belief exists, the owner, manager or agent should be referred to California Civil Code Sections 1980 through 1991 ("Disposition of Personal Property Remaining on Premises at Termination of Tenancy") for the civil process to dispose of the property. The responsible employee shall confirm through CLETS when possible that the property in question has not been reported stolen or lost. Department personnel will generally not respond on these types of calls unless directed by a Watch Commander, or if other extenuating circumstances exist that would necessitate a field response. Specific legal advice as it applies to these sections will not be given by Department personnel; Landlords should be instructed to consult with their attorney for any legal advice. . Policy 804 San Luis Obispo Police Department San Luis Obispo PD CA Policy Manual Copyright Lexipol, LLC 2019/01/24, All Rights Reserved. Published with permission by San Luis Obispo Police Department Informal Discovery Requests - 473 Informal Discovery Requests 804.1 PURPOSE AND SCOPE The purpose of this policy is to facilitate informal discovery requests with infraction citations. Defendants are entitled to request information pertaining to their infraction citations as mandated through California Penal Code Section 1054.5. The Name of your jurisdiction: County District Attorney's Office will not assign a Deputy District Attorney to prosecute infraction violations. Therefore, the Name of your jurisdiction: Police Department becomes the prosecuting entity and is required to comply with California Penal Code 1054.5. Failure to do so may result in legal action. Requests for Discovery in misdemeanor and felony cases should go through the Name of your jurisdiction: County District Attorney's Office. 804.1.1 CALIFORNIA PENAL CODE 1054.5 CALFORNIA PENAL CODE 1054.5: (a)No order requiring discovery shall be made in criminal cases except as provided in this chapter. This chapter shall be the only means by which the defendant may compel the disclosure or production of information from prosecuting attorneys, law enforcement agencies which investigated or prepared the case against the defendant, or any other persons or agencies which the prosecuting attorney or investigating agency may have employed to assist them in performing their duties. (b)Before a party may seek court enforcement of any of the disclosures required by this chapter, the party shall make an informal request of opposing counsel for the desired materials and information. If within 15 days the opposing counsel fails to provide the materials and information requested, the party may seek a court order. Upon a showing that a party has not complied with Section 1054.1 or 1054.3 and upon a showing that the moving party complied with the informal discovery procedure provided in this subdivision, a court may make any order necessary to enforce the provisions of this chapter, including, but not limited to, immediate disclosure, contempt proceedings, delaying or prohibiting the testimony of a witness or the presentation of real evidence, continuance of the matter, or any other lawful order. Further, the court may advise the jury of any failure or refusal to disclose and of any untimely disclosure. (c)The court may prohibit the testimony of a witness pursuant to subdivision (b) only if all other sanctions have been exhausted. The court shall not dismiss a charge pursuant to subdivision (b) unless required to do so by the Constitution of the United States. 804.2 PROCEDURE The defendant must submit a request in writing to the Name of your jurisdiction: Police Department indicating exactly what information they are seeking. This may be accomplished by completing the San Luis Obispo Police Department San Luis Obispo PD CA Policy Manual Informal Discovery Requests Copyright Lexipol, LLC 2019/01/24, All Rights Reserved. Published with permission by San Luis Obispo Police Department Informal Discovery Requests - 474 Informal Discovery Request form available at the Records Counter of the Name of your jurisdiction: Police Department. However, it is not mandatory to use this form. Records personnel will make a photocopy of the requestor's identification in order to ensure the requestor is entitled to the information they are seeking. Records personnel will submit the form and photocopy of the requestor's identification to the Records Supervisor. The Records Supervisor will have 15 days to respond. The defendant will be contacted by Records personnel or the Records Supervisor and informed of what items can be released and if the request was too overbroad or burdensome to provide. 804.3 DISCOVERY REQUESTS FOR IN-CAR VIDEO The property clerk will export video in standard format with the in-car video management software to DVD. In the event that the video length exceeds the scope of the incident, the Windows Movie Maker video editing program will be utilized to edit the video. The property clerk will report any privacy concerns to the Records Supervisor who will in turn determine the appropriate course of action: Administrative approval or City Attorney action. 804.4 ADJUDICATED CASES OR INACTIVE INVESTIGATIONS In the event that a case has been adjudicated or involves an inactive investigation, there is no longer a "criminal defendant" and informal discovery procedures no longer apply. Per the Name of your jurisdiction: City Attorney's Office, the Name of your jurisdiction: Police Department will treat these informal discovery requests as Public Records Act requests. Policy 805 San Luis Obispo Police Department San Luis Obispo PD CA Policy Manual Copyright Lexipol, LLC 2019/01/24, All Rights Reserved. Published with permission by San Luis Obispo Police Department Records Bureau - 475 Records Bureau 805.1 PURPOSE AND SCOPE The Records Supervisor shall maintain the Department Records Bureau Procedures Manual on a current basis to reflect the procedures being followed within the Records Bureau. Policies and procedures that apply to all employees of this department are contained in this chapter. 805.1.1 NUMERICAL FILING SYSTEM Case reports are filed numerically within the Records Bureau by Records Bureau personnel. Reports are numbered commencing with the last two digits of the current year followed by the two digit month, followed by the two digits day within the month and ending with the three digit sequential incident number. Example: 120515035. 805.2 FILE ACCESS AND SECURITY All employees have access to the official police report contained within the Laserfiche system. Personnel are granted the ability to print a copy of the report for their own official use. Records personnel are the only authorized employees allowed to print a police report for distribution. San Luis Obispo Police Department employees shall not access, view or distribute, or allow anyone else to access, view or distribute any record, file or report, whether hard copy or electronic file format, except in accordance with department policy and with a legitimate law enforcement or business purpose or as otherwise permissible by law. 805.2.1 REQUESTING ORIGINAL REPORTS Reports shall only be released from Records Personnel. 805.3 DETERMINATION OF FACTUAL INNOCENCE In any case where a person has been arrested by an officer of the San Luis Obispo Police Department and no accusatory pleading has been filed, the person arrested may petition the Department to destroy the related arrest records. Petitions should be forwarded to the Records Supervisor. The Records Supervisor should promptly contact the District Attorney's Office and request a written opinion as to whether the petitioner is factually innocent of the charges (Penal Code § 851.8). Factual innocence means the accused person did not commit the crime. Upon receipt of a written opinion from the prosecuting attorney affirming factual innocence, the Records Supervisor should forward the petition to the Investigations Unit Supervisor and the City Attorney for review. After such review and consultation with the City Attorney, the Investigations Unit Supervisor and the Records Supervisor shall forward findings to the Administrative Captain to decide whether a finding of factual innocence is appropriate. Upon determination that a finding of factual innocence is appropriate, the Records Supervisor shall ensure that the arrest record and petition are sealed for later destruction and the required notifications are made to the California Department of Justice and other law enforcement agencies (Penal Code § 851.8). San Luis Obispo Police Department San Luis Obispo PD CA Policy Manual Records Bureau Copyright Lexipol, LLC 2019/01/24, All Rights Reserved. Published with permission by San Luis Obispo Police Department Records Bureau - 476 The Records Supervisor should respond to a petition with the Department's decision within 45 days of receipt. Responses should include only the decision of the Department, not an explanation of the analysis leading to the decision. 805.4 ARREST WITHOUT FILING OF ACCUSATORY PLEADING The Administrative Captain should ensure a process is in place for when an individual is arrested and released and no accusatory pleading is filed so that the following occurs (Penal Code § 849.5; Penal Code § 851.6): (a)The individual is issued a certificate describing the action as a detention. (b)All references to an arrest are deleted from the arrest records of the Department and the record reflects only a detention. (c)The California DOJ is notified. Policy 809 San Luis Obispo Police Department San Luis Obispo PD CA Policy Manual Copyright Lexipol, LLC 2019/01/24, All Rights Reserved. Published with permission by San Luis Obispo Police Department Records Maintenance and Release - 477 Records Maintenance and Release 809.1 PURPOSE AND SCOPE This policy provides guidance on the maintenance and release of department records. Protected information is separately covered in the Protected Information Policy. 809.2 POLICY The San Luis Obispo Police Department is committed to providing public access to records in a manner that is consistent with the California Public Records Act (Government Code § 6250 et seq.). 809.2.1 The Police Department generates and retains different types of records that contain information that must be released to members of the public, including media, upon their request pursuant to Section 6254(f) of the California Government Code. The following information is to be released on a Release of Information Form. Information Regarding Calls for Service: (a)Time, date, substance, location, and outcome of all responses to complaints or requests for service. (b)General description of any injuries, property involved, or weapons involved. (c)Adult victim's name and age unless deemed confidential. Adult victims of certain crimes may request that their name and age be withheld. This request must be documented in the report or prescribed by law for certain types of crimes. Juvenile names shall be withheld except as allowed in section 810.3.1 C of this procedure. Information About Arrested Persons: (a)Full name, occupation, physical description, and date of birth of every adult arrested by the department if available. EXCEPTION: 849(b) PC arrestees " see PC 851.6 (b)Date, time, location of arrest, factual circumstances, date and time of booking, amount of bail, location where arrestee is held, all charges, and time and manner of release if available. (c)EXCEPTION: If the location of arrest is the same address as that of the victim, and the address is being withheld by law or at the request of the victim, then the location of arrest shall also be withheld from release. Addresses of arrested persons and victims will not be released except as provided in section 6254(f)(3) of California Government Code that allows release of certain address information San Luis Obispo Police Department San Luis Obispo PD CA Policy Manual Records Maintenance and Release Copyright Lexipol, LLC 2019/01/24, All Rights Reserved. Published with permission by San Luis Obispo Police Department Records Maintenance and Release - 478 to individuals who declare under penalty of perjury that the request is being made for a scholarly, journalistic, political, or governmental purpose, or for investigation by a licensed private investigator. Refer to the specific section for additional details and requirements. Individuals requesting address information pursuant to California Government Code section 6254(f)(3) will complete a declaration stating their purpose and confirming their identity and right to obtain the information. Generally, copies of police reports and investigative material will not be released except as prescribed within this policy or with prior approval from a Captain, or the Chief of Police. 809.3 CUSTODIAN OF RECORDS RESPONSIBILITIES The Chief of Police shall designate a Custodian of Records. The responsibilities of the Custodian of Records include but are not limited to: (a) Managing the records management system for the Department, including the retention, archiving, release, and destruction of department public records. (b) Maintaining and updating the department records retention schedule including: 1. Identifying the minimum length of time the Department must keep records. 2. Identifying the department bureau responsible for the original record. (c) Establishing rules regarding the inspection and copying of department public records as reasonably necessary for the protection of such records. (d) Identifying records or portions of records that are confidential under state or federal law and not open for inspection or copying. (e) Establishing rules regarding the processing of subpoenas for the production of records. (f) Ensuring a current schedule of fees for public records as allowed by law is available (Government Code § 6253). (g) Determining how the department's website may be used to post public records in accordance with Government Code § 6253. (h) Ensuring that public records posted on the Department website meet the requirements of Government Code § 6253.10 including but not limited to posting in an open format where a record may be retrieved, downloaded, indexed, and searched by a commonly used internet search application. (i) Ensuring that a list and description, when applicable, of enterprise systems (as defined by Government Code § 6270.5) is publicly available upon request and posted in a prominent location on the Department’s website. 809.4 Any other record not addressed in this policy shall not be subject to release where such record is exempt or prohibited from disclosure pursuant to state or federal law, including, but not limited San Luis Obispo Police Department San Luis Obispo PD CA Policy Manual Records Maintenance and Release Copyright Lexipol, LLC 2019/01/24, All Rights Reserved. Published with permission by San Luis Obispo Police Department Records Maintenance and Release - 479 to, provisions of the Evidence Code relating to privilege or to the security of the department's electronic technology systems (Government Code § 6254(k); Government Code 6254.19). The Department maintains the right to refuse to disclose or release any other record when it would appear that the public's interest in accessing such record is outweighed by the need for nondisclosure (Government Code § 6255). Any record which was created exclusively in anticipation of potential litigation involving this department shall not be subject to public disclosure (Government Code § 6254(b)). Request for Information: (a)Requests for information may be made during regular front counter office hours. (b)Except with respect to public records exempt from disclosure by law and within this policy, records will be made available as soon as practical to any person upon payment of fees covering direct costs of duplication, or a statutory fee if applicable. (c)A "Request for Information or Records" form will be completed by either the requester or the Records Clerk. The purpose of this form is to assist with defining the request, help describe an identifiable record, track the request to ensure statutory deadlines are met, and provide contact information for the Requester if the information is not available for release at the time of the request. This is a voluntary form and the requester may refuse to complete the form or choose to remain anonymous. If this occurs, the Records Clerk will complete the form based on the verbal information related by the Requestor. Victims and other involved parties as defined in section III B shall be required to complete a "Detailed Report Request" form. (d)In all cases, within ten (10) days of the date of the request, the Records Clerk and/or their Supervisor will determine whether the request, in whole or in part, will be made available and the Requestor shall be notified of this determination within the ten day time period. In complex or unusual cases, the Chief of Police or their designee may authorize a time extension of up to fourteen (14) days beyond the ten day deadline and the Requestor shall be notified of this extension. The "Request for Information or Records" form and the "Detailed Report Request" form will be dated to establish timelines for response. Refer to California Government Code 6253 and 6253.1 for additional information. (e)Requests for records that involve unique or unusual circumstances, or which are not specified in this policy, shall be referred to the Records Supervisor and/or Administrative Captain for further consideration and action. 809.4.1 REQUESTS FOR RECORDS Any member of the public, including the media and elected officials, may access unrestricted records of this department, during regular business hours by submitting a written and signed request that reasonably describes each record sought and paying any associated fees (Government Code § 6253). San Luis Obispo Police Department San Luis Obispo PD CA Policy Manual Records Maintenance and Release Copyright Lexipol, LLC 2019/01/24, All Rights Reserved. Published with permission by San Luis Obispo Police Department Records Maintenance and Release - 480 The processing of requests for any record is subject to the following (Government Code § 6253): (a)The Department is not required to create records that do not exist. (b)Victims of an incident or their authorized representative shall not be required to show proof of legal presence in the United States to obtain department records or information. If identification is required, a current driver’s license or identification card issued by any state in the United States, a current passport issued by the United States or a foreign government with which the United States has a diplomatic relationship or current Matricula Consular card is acceptable (Government Code § 6254.30). (c)Either the requested record or the reason for non-disclosure will be provided promptly, but no later than 10 days from the date of request, unless unusual circumstances preclude doing so. If more time is needed, an extension of up to 14 additional days may be authorized by the Custodian of Records or the authorized designee. If an extension is authorized, the Department shall provide the requester written notice that includes the reason for the extension and the anticipated date of the response. (a)When the request does not reasonably describe the records sought, the Custodian of Records shall assist the requester in making the request focused and effective in a way to identify the records or information that would be responsive to the request including providing assistance for overcoming any practical basis for denying access to the records or information. The Custodian of Records shall also assist in describing the information technology and physical location in which the record exists (Government Code § 6253.1). (b)If the record requested is available on the department website, the requester may be directed to the location on the website where the record is posted. If the requester is unable to access or reproduce the record, a copy of the record shall be promptly provided. (d)Upon request, a record shall be provided in an electronic format utilized by the Department. Records shall not be provided only in electronic format unless specifically requested (Government Code § 6253.9). (e)When a record contains material with release restrictions and material that is not subject to release restrictions, the restricted material shall be redacted and the unrestricted material released. (a)A copy of the redacted release should be maintained in the case file for proof of what was actually released and as a place to document the reasons for the redactions or in the appropriate Laserfiche file (PRA, SDT, etc.). If the record is audio or video, a copy of the redacted audio/video release should be maintained in the department-approved media storage system and a notation should be made in the case file to document the release and the reasons for the redacted portions. (f)If a record request is denied in whole or part, the requester shall be provided a written response that includes the statutory exemption for withholding the record or facts that the public interest served by nondisclosure outweighs the interest served by disclosure (Government Code § 6255). The written response shall also include the names, titles or positions of each person responsible for the denial. San Luis Obispo Police Department San Luis Obispo PD CA Policy Manual Records Maintenance and Release Copyright Lexipol, LLC 2019/01/24, All Rights Reserved. Published with permission by San Luis Obispo Police Department Records Maintenance and Release - 481 809.5 RELEASE RESTRICTIONS Examples of release restrictions include: (a)Personal identifying information, including an individual’s photograph; Social Security and driver identification numbers; name, address, and telephone number; and medical or disability information that is contained in any driver license record, motor vehicle record, or any department record, including traffic collision reports, are restricted except as authorized by the Department, and only when such use or disclosure is permitted or required by law to carry out a legitimate law enforcement purpose (18 USC § 2721; 18 USC § 2722). (b)Social Security numbers (Government Code § 6254.29). (c)Personnel records, medical records, and similar records which would involve an unwarranted invasion of personal privacy except as allowed by law (Government Code § 6254; Penal Code § 832.7; Penal Code § 832.8; Evidence Code § 1043 et seq.). 1.Peace officer personnel records that are deemed confidential shall not be made public or otherwise released to unauthorized individuals or entities absent a valid court order. 2.The identity of any officer subject to any criminal or administrative investigation shall not be released without the consent of the involved officer, prior approval of the Chief of Police, or as required by law. (d)Victim information that may be protected by statutes, including victims of certain crimes who have requested that their identifying information be kept confidential, victims who are minors, and victims of certain offenses (e.g., sex crimes or human trafficking, Penal Code § 293). Addresses and telephone numbers of a victim or a witness to any arrested person or to any person who may be a defendant in a criminal action shall not be disclosed, unless it is required by law (Government Code § 6254; Penal Code § 841.5). 1.Victims of certain offenses (e.g., domestic violence, sexual assault, stalking, human trafficking, adult abuse) or their representatives shall be provided, upon request and without charge, one copy of all incident report face sheets, one copy of all incident reports, or both, pursuant to the requirements and time frames of Family Code § 6228. 2.Victims of sexual assault, upon written request, shall be provided a free copy of the initial crime report regardless of whether the report has been closed. Personal identifying information may be redacted (Penal Code § 680.2(b)). (e)Video or audio recordings created during the commission or investigation of the crime of rape, incest, sexual assault, domestic violence, or child abuse that depicts the face, intimate body part, or voice of a victim of the incident except as provided by Government Code § 6254.4.5. (f)Information involving confidential informants, intelligence information, information that would endanger the safety of any person involved, or information that would endanger the successful completion of the investigation or a related investigation. This includes analysis and conclusions of investigating officers (Evidence Code § 1041; Government Code § 6254). San Luis Obispo Police Department San Luis Obispo PD CA Policy Manual Records Maintenance and Release Copyright Lexipol, LLC 2019/01/24, All Rights Reserved. Published with permission by San Luis Obispo Police Department Records Maintenance and Release - 482 1.Absent a statutory exemption to the contrary or other lawful reason to deem information from reports confidential, information from unrestricted agency reports shall be made public as outlined in Government Code § 6254(f). (g)Local criminal history information including but not limited to arrest history and disposition, and fingerprints shall only be subject to release to those agencies and individuals set forth in Penal Code § 13300. 1.All requests from criminal defendants and their authorized representatives (including attorneys) shall be referred to the District Attorney, City Attorney, or the courts pursuant to Penal Code § 1054.5. (h)Certain types of reports involving but not limited to child abuse and molestation (Penal Code § 11167.5), elder and dependent abuse (Welfare and Institutions Code § 15633), and juveniles (Welfare and Institutions Code § 827). (i)Sealed autopsy and private medical information concerning a murdered child with the exceptions that allow dissemination of those reports to law enforcement agents, prosecutors, defendants, or civil litigants under state and federal discovery laws (Code of Civil Procedure §130). (j)Information contained in applications for licenses to carry firearms or other files that indicates when or where the applicant is vulnerable or which contains medical or psychological information (Government Code § 6254). (k)Traffic collision reports (and related supplemental reports) shall be considered confidential and subject to release only to the California Highway Patrol, Department of Motor Vehicles (DMV), other law enforcement agencies, and those individuals and their authorized representatives set forth in Vehicle Code § 20012. (l)Any record created exclusively in anticipation of potential litigation involving this department (Government Code § 6254). (m)Any memorandum from legal counsel until the pending litigation has been adjudicated or otherwise settled (Government Code § 6254.25). (n)Records relating to the security of the department’s electronic technology systems (Government Code § 6254.19). (o)A record of a civilian complaint, or the investigations, findings, or dispositions of that complaint if the complaint is frivolous, as defined by Code of Civil Procedure § 128.5, or if the complaint is unfounded (Penal Code § 832.7 (b)(8)). (p)Any other record not addressed in this policy shall not be subject to release where such record is exempt or prohibited from disclosure pursuant to state or federal law, including but not limited to provisions of the Evidence Code relating to privilege (Government Code § 6254). (q)Information connected with juvenile court proceedings or the detention or custody of a juvenile. Federal officials may be required to obtain a court order to obtain certain juvenile information (Welfare and Institutions Code § 827.9; Welfare and Institutions Code § 831). San Luis Obispo Police Department San Luis Obispo PD CA Policy Manual Records Maintenance and Release Copyright Lexipol, LLC 2019/01/24, All Rights Reserved. Published with permission by San Luis Obispo Police Department Records Maintenance and Release - 483 809.6 SUBPOENAS AND DISCOVERY REQUESTS Any member who receives a subpoena duces tecum or discovery request for records should promptly contact a supervisor and the Custodian of Records for review and processing. While a subpoena duces tecum may ultimately be subject to compliance, it is not an order from the court that will automatically require the release of the requested information. Generally, discovery requests and subpoenas from criminal defendants and their authorized representatives (including attorneys) should be referred to the District Attorney, City Attorney or the courts. All questions regarding compliance with any subpoena duces tecum or discovery request should be promptly referred to legal counsel for the Department so that a timely response can be prepared. The face page of any record released pursuant to a subpoena duces tecum shall be stamped in red ink with a departmental stamp identifying the individual to whom the record was released. 809.7 RELEASED RECORDS Personnel from the Records Division are the only employees authorized to release police reports. Records personnel may release police reports to citizens via mail or at the counter using approved departmental guidelines. Records personnel may release police reports to other Law Enforcement Agencies via mail, at the counter, by fax, and by e-mail using approved department guidelines. Each page of any written record released pursuant to this policy should be stamped in a colored ink or otherwise marked to indicate the department name and to whom the record was released. Each audio/video recording released should include the department name and to whom the record was released. 809.8 OTHER APPROVED FORMS The following are other forms used for the release of records: (a)Request for Information or Records: This form is to assist, when needed, to make a focused and effective request that reasonably describes an identifiable record, in accordance with provisions of Section 6253.1 of the Government Code of the State of California. (b)Release of Information Form: This form is used as a summary of the report in accordance with the provisions of Section 6254(f) of the California Government Code. (c)All forms will be scanned to the back of the requested report. San Luis Obispo Police Department San Luis Obispo PD CA Policy Manual Records Maintenance and Release Copyright Lexipol, LLC 2019/01/24, All Rights Reserved. Published with permission by San Luis Obispo Police Department Records Maintenance and Release - 484 809.9 SEALED RECORD ORDERS Sealed record orders received by the Department shall be reviewed for appropriate action by the Custodian of Records. The Custodian of Records shall seal such records as ordered by the court. Records may include but are not limited to a record of arrest, investigation, detention, or conviction. Once the record is sealed, members shall respond to any inquiry as though the record did not exist (Penal Code § 851.8; Welfare and Institutions Code § 781). When an arrest record is sealed pursuant to Penal Code § 851.87, Penal Code § 851.90, Penal Code § 851.91, Penal Code § 1000.4, or Penal Code § 1001.9, the Records Supervisor shall ensure that the required notations on local summary criminal history information and police investigative reports are made. Sealed records may be disclosed or used as authorized by Penal Code § 851.92. 809.10 SECURITY BREACHES The Records Supervisor shall ensure notice is given anytime there is a reasonable belief an unauthorized person has acquired either unencrypted personal identifying information or encrypted personal information along with the encryption key or security credential stored in any Department information system (Civil Code § 1798.29). Notice shall be given as soon as reasonably practicable to all individuals whose information may have been acquired. The notification may be delayed if the Department determines that notification will impede a criminal investigation or any measures necessary to determine the scope of the breach and restore the reasonable integrity of the data system. For the purposes of this requirement, personal identifying information includes an individual’s first name or first initial and last name in combination with any one or more of the following: •Social Security number •Driver license number or California identification card number •Account number or credit or debit card number, in combination with any required security code, access code or password that would permit access to an individual’s financial account •Medical information •Health insurance information •A username or email address, in combination with a password or security question and answer that permits access to an online account •Information or data collected by Automated License Plate Reader (ALPR) technology 809.10.1 FORM OF NOTICE (a)The notice shall be written in plain language, be consistent with the format provided in Civil Code § 1798.29 and include, to the extent possible, the following: (a)The date of the notice. San Luis Obispo Police Department San Luis Obispo PD CA Policy Manual Records Maintenance and Release Copyright Lexipol, LLC 2019/01/24, All Rights Reserved. Published with permission by San Luis Obispo Police Department Records Maintenance and Release - 485 (b)Name and contact information for the San Luis Obispo Police Department. (c)A list of the types of personal information that were or are reasonably believed to have been acquired. (d)The estimated date or date range within which the security breach occurred. (e)Whether the notification was delayed as a result of a law enforcement investigation. (f)A general description of the security breach. (g)The toll-free telephone numbers and addresses of the major credit reporting agencies, if the breach exposed a Social Security number or a driver license or California identification card number. (b)The notice may also include information about what the San Luis Obispo Police Department has done to protect individuals whose information has been breached and may include information on steps that the person whose information has been breached may take to protect him/herself (Civil Code § 1798.29). (c)When a breach involves an online account, and only a username or email address in combination with either a password or security question and answer that would permit access to an online account, and no other personal information has been breached (Civil Code § 1798.29): (a)Notification may be provided electronically or in another form directing the person to promptly change either his/her password or security question and answer, as applicable, or to take other appropriate steps to protect the online account with the Department in addition to any other online accounts for which the person uses the same username or email address and password or security question and answer. (b)When the breach involves an email address that was furnished by the San Luis Obispo Police Department, notification of the breach should not be sent to that email address but should instead be made by another appropriate medium as prescribed by Civil Code § 1798.29. 809.10.2 MANNER OF NOTICE (a)Notice may be provided by one of the following methods (Civil Code § 1798.29): (a)Written notice. (b)Electronic notice if the notice provided is consistent with the provisions regarding electronic records and signatures set forth in 15 USC § 7001. (c)Substitute notice if the cost of providing notice would exceed $250,000, the number of individuals exceeds 500,000 or the Department does not have sufficient contact information. Substitute notice shall consist of all of the following: (a)Email notice when the Department has an email address for the subject person. San Luis Obispo Police Department San Luis Obispo PD CA Policy Manual Records Maintenance and Release Copyright Lexipol, LLC 2019/01/24, All Rights Reserved. Published with permission by San Luis Obispo Police Department Records Maintenance and Release - 486 (b)Conspicuous posting of the notice on the department’s webpage for a minimum of 30 days. (d)Notification to major statewide media and the California Information Security Office within the California Department of Technology. (b)If a single breach requires the Department to notify more than 500 California residents, the Department shall electronically submit a sample copy of the notification, excluding any personally identifiable information, to the Attorney General. Policy 810 San Luis Obispo Police Department San Luis Obispo PD CA Policy Manual Copyright Lexipol, LLC 2019/01/24, All Rights Reserved. Published with permission by San Luis Obispo Police Department Release of Records and Information to Involved Parties - 487 Release of Records and Information to Involved Parties 810.1 PURPOSE AND SCOPE The purpose of this section is to establish a comprehensive reference and procedure for the maintenance and release of Department reports and records to involved parties in accordance with applicable law. 810.2 RELEASE OF CRIME AND ARREST REPORTS TO VICTIMS Copies of crime or arrest reports shall be released to the following people, except as noted in section d. EXCEPTIONS (below): (a)Victim of the crime or incident or their authorized representative. (b)Insurance carrier against which a claim has been or might be made related to the crime or incident. (c)Any person suffering bodily injury, property damage, or loss as a result of an incident caused by: 1.Arson 2.Burglary 3.Fire 4.Explosion 5.Larceny (Theft) 6.Robbery 7.Vandalism 8.Vehicle Theft 9.Or any crime defined in GC 13960(c) (d)EXCEPTIONS: Confidential Information and Active Cases: 1.Names, addresses and statements of confidential informants shall not be released. 2.Names and addresses of victims of specific abuse and sex crimes shall not be released when the victim requests confidentiality or the information is confidential as prescribed by law. 3.If the victim or defendant is a juvenile, refer to Section 811.5: Juvenile Reports. 4.Reports in cases that have an "active" status and have been submitted to the District Attorney for filing shall only be released to the victim after the District San Luis Obispo Police Department San Luis Obispo PD CA Policy Manual Release of Records and Information to Involved Parties Copyright Lexipol, LLC 2019/01/24, All Rights Reserved. Published with permission by San Luis Obispo Police Department Release of Records and Information to Involved Parties - 488 Attorney's office files or rejects the charges. Cases that have an "active" status, and have not yet been submitted for filing, will require the approval of the Detective Lieutenant or investigating detective before being released to the victim. If rejected, the District Attorney Rejection note is not subject to release. 5.In all cases, the Police Department may withhold names of victims and witnesses if the release may endanger the safety of a person or jeopardize the successful completion of the investigation. The reason for withholding the information shall be documented. 810.2.1 RELEASE OF DOMESTIC VIOLENCE REPORTS TO VICTIMS Victims of domestic violence or their representative shall be provided, without charge, one copy of all domestic violence incident report face sheets, one copy of all domestic violence incident reports, or both, pursuant to the requirements and time frames of Family Code § 6228. 810.3 RELEASE OF CRIME AND ARREST REPORTS TO ARRESTED PERSONS OR DEFENDANTS (a)A defendant can obtain their copy of the police report from the court at arraignment or during the first scheduled court appearance. (b)If a case is rejected for prosecution by the District Attorney or the case has been adjudicated, the defendant may obtain a copy of their report with appropriate redactions set forth in this policy. 1.California Penal Code section 841.5 specifies that no law enforcement officer or employee of a law enforcement agency shall disclose to any arrested person, or to any person who may be a defendant in a criminal action, the address or telephone number of any person who is a victim or witness in the alleged offense. Persons listed as "Subjects" in the report shall be afforded the same protections as outlined in PC 841.5. (c)A defendant is not entitled to the District Attorney Rejection note or any victim, witness, or subject addresses or telephone numbers. (d)Cases that have an "active" status, whether or not they have been submitted for filing or have been filed on by the district attorney, shall not be released to the arrested person or suspect in the investigation until they either appear for arraignment when a free defendant copy is provided for them, or the case is rejected by the district attorney and the Name of your jurisdiction: Police Department has been notified of the rejection. (e)In all cases, the Police Department may withhold names of victims and witnesses if the release may endanger the safety of a person or jeopardize the successful completion of the investigation. The reason for withholding the information shall be documented. San Luis Obispo Police Department San Luis Obispo PD CA Policy Manual Release of Records and Information to Involved Parties Copyright Lexipol, LLC 2019/01/24, All Rights Reserved. Published with permission by San Luis Obispo Police Department Release of Records and Information to Involved Parties - 489 810.4 RELEASE OF INCIDENT REPORTS TO INVOLVED PARTIES (a)Welfare and Institutions Code 5150 reports are considered confidential records per W&I 5328 and are subject to release only as specified by that section. The "Application for 72 Hour Detention for Evaluation and Treatment" form MH302 is not releasable. (b)Death reports are subject to release as a public record under the guidelines contained in this directive. (c)All other incident reports are subject to release as a public record under the guidelines contained in this directive. (d)Courtesy reports will be forwarded to the responsible agency. That agency's policy will govern the release of the courtesy report. 810.5 JUVENILE REPORTS Pursuant to the Name of your jurisdiction: County Superior Court Standing Order of the Juvenile Court Regarding Release of Information Order, reports involving minors will be released to the parent or guardian of the minor involved or to the victim or victim's parents in cases where a minor is a suspect. All information regarding any minor will be redacted other than the minor whose parents are seeking the information. 810.6 FORMS Detailed Report Request: This form is for an involved person in the report that would otherwise not be entitled to full details listed in the report. All forms will be scanned to the back of the requested report. Policy 811 San Luis Obispo Police Department San Luis Obispo PD CA Policy Manual Copyright Lexipol, LLC 2019/01/24, All Rights Reserved. Published with permission by San Luis Obispo Police Department Criminal Offender Record Information (CORI) - 490 Criminal Offender Record Information (CORI) 811.1 PURPOSE AND SCOPE The purpose of this policy is to provide guidelines for the access, transmission, release and security of protected information by members of the San Luis Obispo Police Department. This policy addresses the protected information that is used in the day-to-day operation of the Department and not the public records information covered in the Records Release and Security Policy. 811.1.1 DEFINITIONS Definitions related to this policy include: Protected information - Any information or data that is collected, stored or accessed by members of the San Luis Obispo Police Department and is subject to any access or release restrictions imposed by law, regulation, order or use agreement. This includes all information contained in federal, state or local law enforcement databases that is not accessible to the public. 811.2 POLICY Members of the San Luis Obispo Police Department will adhere to all applicable laws, orders, regulations, use agreements and training related to the access, use, dissemination and release of protected information. 811.3 RESPONSIBILITIES The Chief of Police shall select a member of the Department to coordinate the use of protected information. The responsibilities of this position include, but are not limited to: (a)Ensuring member compliance with this policy and with requirements applicable to protected information, including requirements for the National Crime Information Center (NCIC) system, National Law Enforcement Telecommunications System (NLETS), Department of Motor Vehicle (DMV) records and California Law Enforcement Telecommunications System (CLETS). (b)Developing, disseminating and maintaining procedures that adopt or comply with the U.S. Department of Justice’s current Criminal Justice Information Services (CJIS) Security Policy. (c)Developing, disseminating and maintaining any other procedures necessary to comply with any other requirements for the access, use, dissemination, release and security of protected information. (d)Developing procedures to ensure training and certification requirements are met. (e)Resolving specific questions that arise regarding authorized recipients of protected information. (f)Ensuring security practices and procedures are in place to comply with requirements applicable to protected information. San Luis Obispo Police Department San Luis Obispo PD CA Policy Manual Criminal Offender Record Information (CORI) Copyright Lexipol, LLC 2019/01/24, All Rights Reserved. Published with permission by San Luis Obispo Police Department Criminal Offender Record Information (CORI) - 491 811.4 ACCESS TO PROTECTED INFORMATION Protected information shall not be accessed in violation of any law, order, regulation, user agreement, San Luis Obispo Police Department policy or training. Only those members who have completed applicable training and met any applicable requirements, such as a background check, may access protected information, and only when the member has a legitimate work-related reason for such access. Unauthorized access, including access for other than a legitimate work-related purpose, is prohibited and may subject a member to administrative action pursuant to the Personnel Complaints Policy and/or criminal prosecution. 811.4.1 PENALTIES FOR MISUSE OF RECORDS It is a misdemeanor to furnish, buy, receive or possess Department of Justice criminal history information without authorization by law (Penal Code § 11143). Authorized persons or agencies violating state regulations regarding the security of Criminal Offender Record Information (CORI) maintained by the California Department of Justice may lose direct access to CORI (11 CCR 702). 811.5 RELEASE OR DISSEMINATION OF PROTECTED INFORMATION Protected information may be released only to authorized recipients who have both a right to know and a need to know. A member who is asked to release protected information that should not be released should refer the requesting person to a supervisor or to the Records Supervisor for information regarding a formal request. Unless otherwise ordered or when an investigation would be jeopardized, protected information maintained by the Department may generally be shared with authorized persons from other law enforcement agencies who are assisting in the investigation or conducting a related investigation. Any such information should be released through the Records Bureau to ensure proper documentation of the release (see the Records Maintenance and Release Policy). Protected information, such as Criminal Justice Information (CJI), which includes Criminal History Record Information (CHRI), should generally not be transmitted by radio, cellular telephone or any other type of wireless transmission to members in the field or in vehicles through any computer or electronic device, except in cases where there is an immediate need for the information to further an investigation or where circumstances reasonably indicate that the immediate safety of officers, other department members or the public is at risk. Nothing in this policy is intended to prohibit broadcasting warrant information. 811.5.1 REVIEW OF CRIMINAL OFFENDER RECORD Individuals requesting to review their own California criminal history information shall be referred to the Department of Justice (Penal Code § 11121). San Luis Obispo Police Department San Luis Obispo PD CA Policy Manual Criminal Offender Record Information (CORI) Copyright Lexipol, LLC 2019/01/24, All Rights Reserved. Published with permission by San Luis Obispo Police Department Criminal Offender Record Information (CORI) - 492 Individuals shall be allowed to review their arrest or conviction record on file with the Department after complying with all legal requirements regarding authority and procedures in Penal Code § 11120 through Penal Code § 11127 (Penal Code § 13321). 811.6 SECURITY OF PROTECTED INFORMATION The Chief of Police will select a member of the Department to oversee the security of protected information. The responsibilities of this position include, but are not limited to: (a)Developing and maintaining security practices, procedures and training. (b)Ensuring federal and state compliance with the CJIS Security Policy and the requirements of any state or local criminal history records systems. (c)Establishing procedures to provide for the preparation, prevention, detection, analysis and containment of security incidents including computer attacks. (d)Tracking, documenting and reporting all breach of security incidents to the Chief of Police and appropriate authorities. 811.6.1 MEMBER RESPONSIBILITIES Members accessing or receiving protected information shall ensure the information is not accessed or received by persons who are not authorized to access or receive it. This includes leaving protected information, such as documents or computer databases, accessible to others when it is reasonably foreseeable that unauthorized access may occur (e.g., on an unattended table or desk; in or on an unattended vehicle; in an unlocked desk drawer or file cabinet; on an unattended computer terminal). 811.7 TRAINING All members authorized to access or release protected information shall complete a training program that complies with any protected information system requirements and identifies authorized access and use of protected information, as well as its proper handling and dissemination. 811.8 CALIFORNIA RELIGIOUS FREEDOM ACT Members shall not release personal information from any agency database for the purpose of investigation or enforcement of any program compiling data on individuals based on religious belief, practice, affiliation, national origin or ethnicity (Government Code § 8310.3). Policy 812 San Luis Obispo Police Department San Luis Obispo PD CA Policy Manual Copyright Lexipol, LLC 2019/01/24, All Rights Reserved. Published with permission by San Luis Obispo Police Department CLETS Access - 493 CLETS Access 812.1 PURPOSE AND SCOPE In order to ensure the San Luis Obispo Police Department maintains compliance with the legal requirements of the California Law Enforcement Telecommunications System (CLETS) and the National Crime Information Center System, this policy defines levels of access to CLETS information and the training required for each level. 812.2 ACCESS LEVELS Employees or operators with CLETS access will comply with all training and examination requirements specific to their access levels, as follows: 812.2.1 FULL ACCESS OPERATORS Any employee or operator who uses a CLETS terminal to make updates or inquiries into any of the CLETS provided data bases is considered a Full Access Operator. Within six months of appointment as a Full Access Operator, the employee will receive six hours of Department provided training and will complete a Full Access Operator workbook. The POST Basic Dispatcher Course provides the required training; however, a Full Access workbook must subsequently be completed. Every two years, and within the DOJ window of re-certification, Full Access Operators must successfully complete a Full Access Operator Recertification Exam with a passing score of at least 70%. Remedial training and a re-examination will be required if a Full Service Operator fails to pass. Full Access Operators will also review DOJ Information Bulletins, CLETS/CJIS updates and other necessary training and regulatory material. All training and information review will be documented according to Department procedures. 812.2.2 LESS THAN FULL ACCESS OPERATORS (INQUIRY ONLY) Any employee or operator who uses CLETS to make inquiries only into the system is considered a Less Than Full Access Operator. Within six months of appointment as a Less Than Full Access Operator, the employee will receive four hours of Department provided training and will complete a Less Than Full Access Operator workbook. Every two years, and within the DOJ window of re-certification, Less Than Full Access Operators must successfully complete a Less Than Full Access Operator Recertification Exam with a passing score of at least 70%. Remedial training and a re-examination will be required if a Less Than Full Service Operator fails to pass. Less Than Full Access Operators will also review DOJ Information Bulletins, CLETS/CJIS updates and other necessary training and regulatory material. All training and information review will be documented according to Department procedures. San Luis Obispo Police Department San Luis Obispo PD CA Policy Manual CLETS Access Copyright Lexipol, LLC 2019/01/24, All Rights Reserved. Published with permission by San Luis Obispo Police Department CLETS Access - 494 812.2.3 PRACTITIONERS Any employees who has on-going access to CLETS information (i.e. print-outs, reports or verbal information), but who does not operate or access a CLETS terminal, is considered a Practitioner. Within six months of appointment as a Practitioner, the employee will receive four hours of Department provided training. POST Basic Law Enforcement Academy training fulfills this requirement. Practitioners will also review DOJ Information Bulletins and CLETS/CJIS updates, and will certify this review using a routing slip attached to the training material. Other city employees, such as Rangers, Parking Officers, Fire Investigators, and Code Enforcement Officers, who have a legitimate law enforcement purpose for receiving CLETS information may qualify as a Practitioner. Practitioner access shall require a DOJ-FBI fingerprint check and Practitioner training by a certified instructor in the appropriate CLETS sections. The employee's Division Head will sign a Release of CLETS Information form. Policy 813 San Luis Obispo Police Department San Luis Obispo PD CA Policy Manual Copyright Lexipol, LLC 2019/01/24, All Rights Reserved. Published with permission by San Luis Obispo Police Department Computers and Digital Evidence - 495 Computers and Digital Evidence 813.1 PURPOSE AND SCOPE This policy establishes procedures for the seizure and storage of computers, personal communications devices (PCDs) digital cameras, digital recorders and other electronic devices that are capable of storing digital information; and for the preservation and storage of digital evidence. All evidence seized and/or processed pursuant to this policy shall be done so in compliance with clearly established Fourth Amendment and search and seizure provisions. 813.2 SEIZING COMPUTERS AND RELATED EVIDENCE Computer equipment requires specialized training and handling to preserve its value as evidence. Officers should be aware of the potential to destroy information through careless or improper handling, and utilize the most knowledgeable available resources. When seizing a computer and accessories the following steps should be taken: (a)Photograph each item, front and back, specifically including cable connections to other items. Look for a phone line or cable to a modem for Internet access. (b)Do not overlook the possibility of the presence of physical evidence on and around the hardware relevant to the particular investigation such as fingerprints, biological or trace evidence, and/or documents. (c)If the computer is off, do not turn it on. (d)The circumstances of the case should dictate the appropriate action to take with a powered computer. Generally, a normal shutdown should be performed to preserve log files, histories, open files, etc. If anti-forensics techniques are suspected, do not shut down the computer normally and do not click on anything or examine any files. 1.Photograph the screen, if possible, and note any programs or windows that appear to be open and running. 2.Disconnect the power cable from the back of the computer box or if a portable notebook style, disconnect any power cable from the case and remove the battery). (e)Label each item with case number and item number. (f)Handle and transport the computer and storage media (e.g., tape, discs, memory cards, flash memory, external drives) with care so that potential evidence is not lost. (g)Lodge all computer items in the Property Room. Do not store computers where normal room temperature and humidity is not maintained. (h)At minimum, officers should document the following in related reports: 1.Where the computer was located and whether or not it was in operation. San Luis Obispo Police Department San Luis Obispo PD CA Policy Manual Computers and Digital Evidence Copyright Lexipol, LLC 2019/01/24, All Rights Reserved. Published with permission by San Luis Obispo Police Department Computers and Digital Evidence - 496 2.Who was using it at the time. 3.Who claimed ownership. 4.If it can be determined, how it was being used. (i)In most cases when a computer is involved in criminal acts and is in the possession of the suspect, the computer itself and all storage devices (hard drives, tape drives, and disk drives) should be seized along with all media. Accessories (printers, monitors, mouse, scanner, keyboard, cables, software and manuals) should not be seized unless as a precursor to forfeiture. 813.2.1 BUSINESS OR NETWORKED COMPUTERS If the computer belongs to a business or is part of a network, it may not be feasible to seize the entire computer. Cases involving networks require specialized handling. Officers should contact a certified forensic computer examiner for instructions or a response to the scene. It may be possible to perform an on-site inspection, or to image the hard drive only of the involved computer. This should only be done by someone specifically trained in processing computers for evidence. 813.2.2 FORENSIC EXAMINATION OF COMPUTERS If an examination of the contents of the computer's hard drive, or floppy disks, compact discs, or any other storage media is required, forward the following items to a computer forensic examiner: (a)Copy of report(s) involving the computer, including the Evidence/Property sheet. (b)Copy of a consent to search form signed by the computer owner or the person in possession of the computer, or a copy of a search warrant authorizing the search of the computer hard drive for evidence relating to investigation. (c)A listing of the items to search for (e.g., photographs, financial records, e-mail, documents). (d)A forensic image, or authenticated duplicate of the hard drive or disk will be made using a forensic computer and/or a forensic software program by someone trained in the examination of computer storage devices for evidence. The needs of the case will dictate whether or not a forensic preview is appropriate before or in place of forensic imaging. 813.3 SEIZING DIGITAL STORAGE MEDIA Digital storage media including hard drives, floppy discs, CD's, DVD's, tapes, memory cards, or flash memory devices should be seized and stored in a manner that will protect them from damage. (a)If the media has a write-protection tab or switch, it should be activated. (b)Do not review, access or open digital files prior to submission. If the information is needed for immediate investigation a copy of the data should be used. San Luis Obispo Police Department San Luis Obispo PD CA Policy Manual Computers and Digital Evidence Copyright Lexipol, LLC 2019/01/24, All Rights Reserved. Published with permission by San Luis Obispo Police Department Computers and Digital Evidence - 497 (c)Many kinds of storage media can be erased or damaged by magnetic fields. Keep all media away from magnetic devices, electric motors, radio transmitters or other sources of magnetic fields. (d)Do not leave storage media where they would be subject to excessive heat such as in a parked vehicle on a hot day. (e)Whenever possible, use plastic cases designed to protect the media, or other protective packaging, to prevent damage. 813.4 SEIZING PCDS Personal communication devices such as cell phones, PDAs or other hand-held devices connected to any communication network must be handled with care to preserve evidence that may be on the device including messages, stored data and/or images. (a)Generally, officers should not attempt to access, review or search the contents of such devices through the device's interface prior to examination by a forensic expert or other personnel trained in data extraction. Unsent messages can be lost, data can be inadvertently deleted and incoming messages can override stored messages. The needs and severity of the case, experience of the officer, and exigency are all determining factors in how the PCD is handled. (b)If off, do not turn the device on. (c)If on, attempt to place the device in "airplane" mode or otherwise disconnect it from wireless networks. If the device cannot be placed in airplane mode, it should be placed in a solid metal container such as a paint can or in a faraday bag, to prevent the device from sending or receiving information from its host network. (d)When seizing the devices, also seize the charging units. If the batteries go dead all the data may be lost. Notify the Property Clerk if a powered device has been booked and the status of its battery so that it can be placed on a charger in a secure location, if appropriate. (e)If the device is password/pin code protected, attempt to obtain the password or pin from the device owner and document. 813.5 DIGITAL EVIDENCE RECORDED BY OFFICERS Officers handling and submitting recorded and digitally stored evidence from digital cameras and audio or video recorders will comply with these procedures to ensure the integrity and admissibility of such evidence. 813.5.1 COLLECTION OF DIGITAL EVIDENCE Once evidence is recorded it shall not be erased, deleted or altered in any way prior to submission. All photographs taken will be preserved regardless of quality, composition or relevance. Original video and audio files will not be altered in any way. San Luis Obispo Police Department San Luis Obispo PD CA Policy Manual Computers and Digital Evidence Copyright Lexipol, LLC 2019/01/24, All Rights Reserved. Published with permission by San Luis Obispo Police Department Computers and Digital Evidence - 498 813.5.2 SUBMISSION OF DIGITAL MEDIA The following are required procedures for the submission of digital media used by cameras or other recorders: (a)The recording media (smart card, compact flash card or any other media) shall be brought to the booking area as soon as practical for submission into evidence. (b)Officers shall create an evidence entry in the RMS system that accurately defines the evidence. Officers shall create a folder, named after the case number and RMS item number, in the designated digital evidence storage location and shall copy the digital media into that folder. Excessively large files may need to be copied to external media rather than a folder. The property officer should be consulted in such circumstances.. (c)After the evidence has been copied, the officer shall make reasonable efforts to verify that the copied data is the same as the original data. Upon verification, the original storage media should be prepared for the next recording by deleting data on the device and/or reformatting the device. (d)Upon receipt of the digital evidence, the Property Clerk will move the digital evidence to a secure storage location under his/her control. (e)Officers requiring a copy of the digital files must request a copy from the Property Clerk or a supervisor in the Property Clerks absence.. 813.5.3 DOWNLOADING OF DIGITAL FILES Digital information such as video or audio files recorded on devices using internal memory must be written to external storage media. The following procedures are to be followed: (a)Files should not be opened or reviewed prior to downloading and storage. (b)Where possible, the device should be connected to a computer and the files accessed through the computer's operating system for download to a folder on the host computer. (c)Investigations utilizing the recording devices in the Investigations Interview rooms shall be downloaded to a CD and booked into evidence. 813.5.4 PRESERVATION OF DIGITAL EVIDENCE (a)Only the Property Clerk or a designated alternate are authorized to copy original digital media that is held as evidence. The original digital media shall remain in evidence and shall remain unaltered. (b)Digital images that are enhanced to provide a better quality photograph for identification and investigative purposes must only be made from a copy of the original media. (c)If any enhancement is done to the copy of the original, it shall be noted in the corresponding incident report. San Luis Obispo Police Department San Luis Obispo PD CA Policy Manual Copyright Lexipol, LLC 2019/01/24, All Rights Reserved. Published with permission by San Luis Obispo Police Department Custody - 499 Chapter 9 - Custody Policy 901 San Luis Obispo Police Department San Luis Obispo PD CA Policy Manual Copyright Lexipol, LLC 2019/01/24, All Rights Reserved. Published with permission by San Luis Obispo Police Department Temporary Holding Cells - 500 Temporary Holding Cells 901.1 PURPOSE AND SCOPE The purpose of this policy is to establish guidelines and procedures for the temporary holding of arrestees at the Name of your jurisdiction: Police Department. The Department shall maintain the custody of arrestees in accordance with this policy. 901.1.1 SUPERVISION OF ARRESTEES No arrestee will be held in the temporary holding cell unless there is a designated employee who remains within the police building who can supervise the temporary holding cell and respond to emergencies. The watch commander or field supervisor should be notified when an arrestee is placed in a temporary holding cell. 901.1.2 DETENTION OF ARRESTEES IN THE TEMPORARY HOLDING CELLS It is the policy of the Name of your jurisdiction: Police Department that prisoners detained in the temporary holding cells shall be released or transported to another facility as soon as possible and practical. 901.1.3 NON-DETAINABLE ARRESTEES Arrestees who fall within the following classifications should not be detained in the temporary holding cells. They should be transported to the county jail, the designated medical facility or the county mental health facility, as appropriate: (a)Any person who is sick, injured or who has any other medical condition, including pregnant females, who may require medical attention, supervision or medication during confinement. (b)Any person who has claimed, or is known to be afflicted with or displays symptoms of any communicable disease. (c)Any person suffering from a severe mental disorder. (d)Any combative or unruly person who is likely to cause damage to the temporary holding cell facility. (e)An arrestee who is or may be contemplating suicide. (f)Any person suspected of being under the influence of a hallucinogen, hyperglycemic agent, psychotropic medication, narcotic, sedative, tranquilizer, anti-neoplastic (cancer) drug, research medication or any person suffering from withdrawals of the above. (g)Any person suspected or confirmed to be developmentally disabled (15 CCR § 1057). (h)Any person or persons for whom appropriate classification (by gender, age) cannot be maintained. San Luis Obispo Police Department San Luis Obispo PD CA Policy Manual Temporary Holding Cells Copyright Lexipol, LLC 2019/01/24, All Rights Reserved. Published with permission by San Luis Obispo Police Department Temporary Holding Cells - 501 (i)Any person who is so intoxicated as to be a danger to him/herself or others and cannot be safely accommodated within the temporary holding cell. 901.1.4 DETAINABLE ARRESTEES Arrestees who fall within the following classifications may be detained in the Name of your jurisdiction: Police Department temporary holding cell with the approval of the Watch Commander. This includes those arrested and detained pending: (a)Posting of bail (b)Release on Own Recognizance (O.R.) (c)Release on citation in accordance with the Cite and Release Policy in this manual (d)Transportation to the County Jail (e)Release per Penal Code § 849(b) (f)In-custody interview or other investigation 901.1.7 TRANSPORTATION OF ARRESTEES Generally and when circumstances permit, arrestees of the opposite sex, or adult and juvenile arrestees, should not be transported in the same vehicle unless they are physically separated by a solid barrier. If segregating arrestees is not practicable, officers should be alert to inappropriate physical or verbal contact between them and take appropriate action as necessary. Whenever an arrestee is to be transported from the temporary holding cell to another facility by a member of this department the transporting officer shall be responsible for the following: (a)Verify that the identity of each arrestee to be transported matches the booking paperwork. (b)Ensure that all pertinent documentation accompanies the arrestee, such as copies of booking forms, medical records when appropriate, an itemized list of the prisoner's property, warrant copies, etc. (c)Ensure that any known threat or danger the arrestee may pose, such as escape risk, suicide potential, or medical condition, is recorded on the arrestee's booking documentation and is transported with the arrestee to the next facility. The transporting officer shall ensure such threat or danger is communicated to intake personnel at the facility. 901.3 ARRESTEE SUPERVISION AND CLASSIFICATION 901.3.1 SUPERVISION OF ARRESTEES All arrestees should be visually checked no less than once every hour. Intoxicated persons should be checked at least once every half-hour. This check will be conducted through direct visual observation without the aid of surveillance cameras. San Luis Obispo Police Department San Luis Obispo PD CA Policy Manual Temporary Holding Cells Copyright Lexipol, LLC 2019/01/24, All Rights Reserved. Published with permission by San Luis Obispo Police Department Temporary Holding Cells - 502 901.3.4 TEMPORARY DETENTION OF JUVENILES Juveniles who are detained by this department will be processed and handled in accordance with the Temporary Custody of Juveniles policy. 901.3.6 HANDCUFFING OF PREGNANT ARRESTEES Persons who are known to be pregnant should be restrained in the least restrictive manner that is effective for officer safety and in no event shall persons known to be pregnant or in recovery following delivery be restrained by the use of leg irons, waist chains or handcuffs behind the body. No arrestee who is in labor, delivery or recovery after delivery shall be otherwise handcuffed or restrained except in extraordinary circumstances and only when a supervisor makes an individualized determination that such restraints are necessary for the safety of the arrestee, officers or others (Penal Code § 6030). 901.4 TEMPORARY HOLDING CELL SEARCHES Immediately upon securing weapons, officers bringing arrestees into the temporary holding cells shall thoroughly search their arrestees. All arrestees brought into the temporary holding cell must be searched by an officer or other authorized employee of the same gender whenever possible before the officer relinquishes control. When an arrestee has been handcuffed, the arrestee should remain handcuffed until the search is substantially completed. In the case of female arrestees, all searches will be conducted by a female officer or designated female employee whenever possible, and male employees shall remain outside the closed door, but available to assist immediately if needed. Should a female arrestee become combative, an officer may be assigned to restrain her until the appropriate search is completed. Arrestee search procedures and policies are found in Policy Manual § 902. 901.8 HANDLING OF ARRESTEE'S PROPERTY Officers shall take care in the handling of an arrestee's property to avoid discrepancies or losses. Any personal property belonging to the arrestee but retained by the officer for safekeeping, shall be kept in a secure location until the arrestee is released or transferred. Smaller items such as a driver's license, pocketknife, wallet, prescription medications and other similar property, shall be placed in a property bag. Arrestee property that is too large or will not otherwise be accepted by a receiving facility should be booked for safekeeping. Property belonging to the arrestee, but retained by the officer as evidence, shall be booked according to procedures. The arrestee shall be advised that such property will be kept as evidence and where demanded, the officer will issue the arrestee a receipt. Such receipt may be a copy of the property booking form, written out in the officer's handwriting or typed for his/her personal signature. It should include the description of the property (but not its value), the case number, date, time, officer's badge number and signature. Where a receipt is issued, it should be mentioned in the arrest report. San Luis Obispo Police Department San Luis Obispo PD CA Policy Manual Temporary Holding Cells Copyright Lexipol, LLC 2019/01/24, All Rights Reserved. Published with permission by San Luis Obispo Police Department Temporary Holding Cells - 503 901.9 TEMPORARY HOLDING CELL PROCEDURES 901.9.1 SECURITY (a)Firearms, deadly weapons or any type of explosive device shall not be permitted within the secure area of the temporary holding cells. Weapons should be properly secured in the gun lockers outside of the secure area of the temporary holding cells. An exception may occur only during emergencies upon approval of the Watch Commander. (b)All perimeter doors to the temporary holding cell shall be kept locked at all times except during routine cleaning when no arrestees are present, or in the event of an emergency, such as an evacuation. (c)Cell doors are to be locked at all times when arrestees are detained in the temporary holding cells. The key is to be fully rotated in the lock to engage the double lock mechanism. (d)No personnel shall smoke at any time while in the detention area. No arrestee shall be allowed to smoke or possess smoking materials in the detention area. (e)Restraint devices such as handcuffs, disposable cuffs, belly-chains and leg restraints shall be used in accordance with department policy and only with the approval of the Watch Commander. 901.9.2 RECEIPT OF ARRESTEES The arresting and or booking officer should: (a)Make a thorough search of all arrestees placed into a temporary holding cell. Female arrestees should be searched by female officers or other female staff whenever possible. (b)Secure property for safekeeping, as necessary. (c)Remove all hazardous items from the arrestee's person. (d)Remove belts, shoes and jackets. 901.9.3 ARRESTEE BEDDING (a)Each holding cell shall have one mattress and one blanket. (b)Blankets that have been used by a prisoner should be placed in a hazmat bag for cleaning after use. 901.9.6 RELEASE OF ARRESTEES (a)The temporary holding cell should be inspected for damage prior to the release or transportation of any prisoner. San Luis Obispo Police Department San Luis Obispo PD CA Policy Manual Temporary Holding Cells Copyright Lexipol, LLC 2019/01/24, All Rights Reserved. Published with permission by San Luis Obispo Police Department Temporary Holding Cells - 504 (b)Any damages should be noted and, if necessary, an additional crime report completed. If additional charges are warranted they will be made. Photographic evidence should be obtained and documented to support additional charges. (c)Arrestees shall be released in accordance with state law. The releasing officer will be responsible for the following: 1.All proper forms shall be completed prior to release. 2.All property, not to include evidence, contraband, or dangerous weapons shall be returned to the prisoner. 3.The appropriate Juvenile Detention Log will be completed showing the date, time, and reason for release, as well as the releasing officer's name. 4.Notifying the Communications Center of the prisoner's release. 5.The arrestee being released will be escorted from the temporary holding cell and police facility by a department employee. At no time will a released arrestee be allowed in any secure area of the station without personal supervision by an employee. 901.9.7 FACILITY SANITATION AND MAINTENANCE The Watch Commander should inspect the temporary holding cell area regularly to ensure that the detention area is clean and maintained to an acceptable level of cleanliness. The Temporary holding cell area shall be cleaned, as necessary, in order to provide a proper custodial and working environment. Any maintenance problems will be reported to the city building maintenance department. 901.9.8 DEATH OF ARRESTEE In the event of a fatal injury or death of an arrestee while in custody of the temporary holding cell, in addition to a standard criminal investigation, the Chief of Police or the authorized designee shall report in writing to the Attorney General within 10 days after the death, all facts in the possession of the department concerning the death. In all such cases, the Watch Commander shall be notified and will make the appropriate additional notifications. A medical and operational review of every in-custody death shall be conducted. The review team shall include the following: •Chief of Police or the authorized designee •The health administrator •The responsible physician and other health care and supervision staff who are relevant to the incident (15 CCR § 1046) San Luis Obispo Police Department San Luis Obispo PD CA Policy Manual Temporary Holding Cells Copyright Lexipol, LLC 2019/01/24, All Rights Reserved. Published with permission by San Luis Obispo Police Department Temporary Holding Cells - 505 901.9.10 ARRESTEE DISCIPLINE Arrestee discipline will not be administered in this facility. Any arrestee who repeatedly fails to follow directions or facility rules should be transported to the appropriate jail, mental health facility or hospital as soon as practicable. Such conduct should be documented and reported to the receiving facility (15 CCR § 1081). San Luis Obispo Police Department San Luis Obispo PD CA Policy Manual Copyright Lexipol, LLC 2019/01/24, All Rights Reserved. Published with permission by San Luis Obispo Police Department Personnel - 506 Chapter 10 - Personnel Policy 1000 San Luis Obispo Police Department San Luis Obispo PD CA Policy Manual Copyright Lexipol, LLC 2019/01/24, All Rights Reserved. Published with permission by San Luis Obispo Police Department Recruitment and Selection - 507 Recruitment and Selection 1000.1 PURPOSE AND SCOPE This policy provides a framework for employee recruiting efforts and identifying job-related standards for the selection process. This policy supplements the rules that govern employment practices for the San Luis Obispo Police Department and that are promulgated and maintained by the Department of Human Resources. 1000.2 SELECTION PROCESS The Department shall actively strive to identify a diverse group of candidates who have in some manner distinguished themselves as being outstanding prospects. Minimally, the Department should employ a comprehensive screening, background investigation, and selection process that assesses cognitive and physical abilities and includes review and verification of the following: (a)A comprehensive application for employment (including previous employment, references, current and prior addresses, education, military record) (b)Driving record (c)Reference checks (d)Employment eligibility, including U.S. Citizenship and Immigration Services (USCIS) Employment Eligibility Verification Form I-9 and acceptable identity and employment authorization documents consistent with Labor Code § 1019.1. This required documentation should not be requested until a candidate is hired. This does not prohibit obtaining documents required for other purposes. (e)Information obtained from public internet sites (f)Financial history consistent with the Fair Credit Reporting Act (FCRA) (15 USC § 1681 et seq.) (g)Local, state, and federal criminal history record checks (h)Lie detector test (when legally permissible) (Labor Code § 432.2) (i)Medical and psychological examination (may only be given after a conditional offer of employment) (j)Review board or selection committee assessment 1000.2.1 VETERAN’S PREFERENCE Qualifying veterans of the United States Armed Forces who receive a passing score on an entrance examination shall be ranked in the top rank of any resulting eligibility list. The veteran’s preference shall also apply to a widow or widower of a veteran or a spouse of a 100 percent disabled veteran (Government Code § 18973.1). 1000.3 POLICY In accordance with applicable federal, state, and local law, the San Luis Obispo Police Department provides equal opportunities for applicants and employees, regardless of actual or perceived San Luis Obispo Police Department San Luis Obispo PD CA Policy Manual Recruitment and Selection Copyright Lexipol, LLC 2019/01/24, All Rights Reserved. Published with permission by San Luis Obispo Police Department Recruitment and Selection - 508 race, ethnicity, national origin, religion, sex, sexual orientation, gender identity or expression, age, disability, pregnancy, genetic information, veteran status, marital status, or any other protected class or status. The Department does not show partiality or grant any special status to any applicant, employee, or group of employees unless otherwise required by law. The Department will recruit and hire only those individuals who demonstrate a commitment to service and who possess the traits and characteristics that reflect personal integrity and high ethical standards. 1000.4 RECRUITMENT The Administration Bureau Commander should employ a comprehensive recruitment and selection strategy to recruit and select employees from a qualified and diverse pool of candidates. The strategy should include: (a)Identification of racially and culturally diverse target markets. (b)Use of marketing strategies to target diverse applicant pools. (c)Expanded use of technology and maintenance of a strong internet presence. This may include an interactive department website and the use of department-managed social networking sites, if resources permit. (d)Expanded outreach through partnerships with media, community groups, citizen academies, local colleges, universities, and the military. (e)Employee referral and recruitment incentive programs. (f)Consideration of shared or collaborative regional testing processes. The Administration Bureau Commander shall avoid advertising, recruiting and screening practices that tend to stereotype, focus on homogeneous applicant pools or screen applicants in a discriminatory manner. The Department should strive to facilitate and expedite the screening and testing process, and should periodically inform each candidate of his/her status in the recruiting process. 1000.5 BACKGROUND INVESTIGATION Every candidate shall undergo a thorough background investigation to verify his/her personal integrity and high ethical standards, and to identify any past behavior that may be indicative of the candidate’s unsuitability to perform duties relevant to the operation of the San Luis Obispo Police Department (11 CCR 1953). The narrative report and any other relevant background information shall be shared with the psychological evaluator. Information shall also be shared with others involved in the hiring process if it is relevant to their respective evaluations (11 CCR 1953). San Luis Obispo Police Department San Luis Obispo PD CA Policy Manual Recruitment and Selection Copyright Lexipol, LLC 2019/01/24, All Rights Reserved. Published with permission by San Luis Obispo Police Department Recruitment and Selection - 509 1000.5.1 NOTICES Background investigators shall ensure that investigations are conducted and notices provided in accordance with the requirements of the FCRA and the California Investigative Consumer Reporting Agencies Act (15 USC § 1681d; Civil Code § 1786.16). 1000.5.2 STATE NOTICES If information disclosed in a candidate’s criminal offender record information (CORI) is the basis for an adverse employment decision, a copy of the CORI shall be provided to the applicant (Penal Code § 11105). 1000.5.3 REVIEW OF SOCIAL MEDIA SITES Due to the potential for accessing unsubstantiated, private, or protected information, the Administration Bureau Commander shall not require candidates to provide passwords, account information, or access to password-protected social media accounts (Labor Code § 980). The Administration Bureau Commander should consider utilizing the services of an appropriately trained and experienced third party to conduct open source, internet-based searches, and/or review information from social media sites to ensure that: (a)The legal rights of candidates are protected. (b)Material and information to be considered are verified, accurate, and validated. (c)The Department fully complies with applicable privacy protections and local, state, and federal law. Regardless of whether a third party is used, the Administration Bureau Commander should ensure that potentially impermissible information is not available to any person involved in the candidate selection process. 1000.5.4 DOCUMENTING AND REPORTING The background investigator shall summarize the results of the background investigation in a narrative report that includes sufficient information to allow the reviewing authority to decide whether to extend a conditional offer of employment. The report shall not include any information that is prohibited from use, including that from social media sites, in making employment decisions. The report and all supporting documentation shall be included in the candidate’s background investigation file (11 CCR 1953). 1000.5.5 RECORDS RETENTION The background report and all supporting documentation shall be maintained for a minimum of two years and in accordance with the established records retention schedule (Government Code § 12946; 11 CCR 1953). 1000.5.6 BACKGROUND INVESTIGATION UPDATE A background investigation update may, at the discretion of the Chief of Police, be conducted in lieu of a complete new background investigation on a peace officer candidate who is reappointed San Luis Obispo Police Department San Luis Obispo PD CA Policy Manual Recruitment and Selection Copyright Lexipol, LLC 2019/01/24, All Rights Reserved. Published with permission by San Luis Obispo Police Department Recruitment and Selection - 510 within 180 days of voluntary separation from the San Luis Obispo Police Department or is transferred to a different department within the City as provided in 11 CCR 1953(f). 1000.6 DISQUALIFICATION GUIDELINES As a general rule, performance indicators and candidate information and records shall be evaluated by considering the candidate as a whole, and taking into consideration the following: •Age at the time the behavior occurred •Passage of time •Patterns of past behavior •Severity of behavior •Probable consequences if past behavior is repeated or made public •Likelihood of recurrence •Relevance of past behavior to public safety employment •Aggravating and mitigating factors •Other relevant considerations A candidate’s qualifications will be assessed on a case-by-case basis, using a totality-of-the- circumstances framework. 1000.7 EMPLOYMENT STANDARDS All candidates shall meet the minimum standards required by state law (Government Code § 1029; Government Code § 1031; 11 CCR 1950 et seq.). Candidates will be evaluated based on merit, ability, competence, and experience, in accordance with the high standards of integrity and ethics valued by the Department and the community. The California Commission on Peace Officer Standards and Training (POST) developed a Job Dimensions list, which is used as a professional standard in background investigations. Validated, job-related, and nondiscriminatory employment standards shall be established for each job classification and shall minimally identify the training, abilities, knowledge, and skills required to perform the position’s essential duties in a satisfactory manner. Each standard should include performance indicators for candidate evaluation. The Department of Human Resources should maintain validated standards for all positions. 1000.7.1 STANDARDS FOR OFFICERS Candidates shall meet the minimum standards established by POST (Government Code § 1029; Government Code § 1031; 11 CCR 1950 et seq.): (a)Free of any felony convictions (b)Citizen of the United States, or permanent resident alien eligible for and has applied for citizenship San Luis Obispo Police Department San Luis Obispo PD CA Policy Manual Recruitment and Selection Copyright Lexipol, LLC 2019/01/24, All Rights Reserved. Published with permission by San Luis Obispo Police Department Recruitment and Selection - 511 (c)At least 18 years of age (d)Fingerprinted for local, state and national fingerprint check (e)Good moral character as determined by a thorough background investigation (11 CCR 1953) (f)High school graduate, passed the GED or other high school equivalency test or obtained a two-year, four-year or advanced degree from an accredited or approved institution (g)Free from any physical, emotional, or mental condition which might adversely affect the exercise of police powers (11 CCR 1954; 11 CCR 1955) (h)Candidates must also satisfy the POST selection requirements, including (11 CCR 1950 et seq.): 1.Reading and writing ability assessment (11 CCR 1951) 2.Oral interview to determine suitability for law enforcement service (11 CCR 1952) In addition to the above minimum POST required standards, candidates may be subjected to additional standards established by the Department (Penal Code § 13510(d)). 1000.7.2 STANDARDS FOR DISPATCHER Candidates shall satisfy the POST selection requirements, including (11 CCR 1956): (a)A verbal, reasoning, memory, and perceptual abilities assessment (11 CCR 1957) (b)An oral communication assessment (11 CCR 1958) (c)A medical evaluation (11 CCR 1960) Policy 1002 San Luis Obispo Police Department San Luis Obispo PD CA Policy Manual Copyright Lexipol, LLC 2019/01/24, All Rights Reserved. Published with permission by San Luis Obispo Police Department Evaluation of Employees - 512 Evaluation of Employees 1002.1 PURPOSE AND SCOPE The Department's employee performance evaluation system is designed to record work performance for both the Department and the employee, providing recognition for good work and developing a guide for improvement. 1002.2 POLICY The San Luis Obispo Police Department utilizes a performance evaluation report to measure performance and to use as a factor in making personnel decisions that relate to merit increases, promotion, reassignment, discipline, demotion and termination. The evaluation report is intended to serve as a guide for work planning and review by the supervisor and employee. It gives supervisors a way to create an objective history of work performance based on job standards. The Department evaluates employees in a non-discriminatory manner based upon job-related factors specific to the employee's position, without regard to sex, race, color, national origin, religion, age, disability or other protected classes. 1002.4 FULL TIME PROBATIONARY PERSONNEL Non-sworn personnel are on probation for 12 months before being eligible for certification as permanent employees. An evaluation is completed at least quarterly for all full-time non-sworn personnel during the probationary period. Sworn personnel are on probation for 12 months before being eligible for certification as permanent employees. Probationary officers are evaluated daily by their Field Training Officer during the field training program. Probationary officers are evaluated at least quarterly by the probationary officer's immediate supervisor during the probationary period. 1002.5 FULL-TIME PERMANENT STATUS PERSONNEL Permanent employees are subject to three types of performance evaluations: Regular - An Employee Performance Evaluation shall be completed once each year by the employee's immediate supervisor on the anniversary of the employee's date of hire except for employees who have been promoted in which case an Employee Performance Evaluation shall be completed on the anniversary of the employee's date of last promotion. Special - A special evaluation may be completed any time the rater and the rater's supervisor feel one is necessary due to employee performance that is deemed less than standard. Generally, the special evaluation will be the tool used to demonstrate those areas of performance deemed less than standard when follow-up action is planned (action plan, remedial training, retraining, etc.). The evaluation form and the attached documentation shall be submitted as one package. San Luis Obispo Police Department San Luis Obispo PD CA Policy Manual Evaluation of Employees Copyright Lexipol, LLC 2019/01/24, All Rights Reserved. Published with permission by San Luis Obispo Police Department Evaluation of Employees - 513 1002.5.1 RATINGS When completing the Employee Performance Evaluation, the rater will place a check mark or numeric rating (depending on the type of evaluation) in the column that best describes the employee's performance. The definition of each rating category is as follows: Outstanding or 5 - Exceptional performance. Application of knowledge, skills and results are consistently well beyond the expected standard for position. Exceeds Performance Standards or 4 - Performance consistency above standards for position. Performance indicates superior knowledge and application of skills. Meets performance Standards or 3 - Performance indicates competent and effective adherence to expected standards. Performance indicates fully acceptable demonstration of knowledge and skills. Improvement Needed or 2 - Performance is frequently less than expected of a competent employee for the position. Performance indicates some deficiency in basic skills, knowledge or application. Specific efforts to improve desired. Unacceptable or 1 - Consistently fails to meet performance standards and objectives for the position. Performance indicates serious lack of knowledge of basic skills or lack of application of skills. Requires immediate attention and improvement. Space for written comments is provided at the end of the evaluation in the rater comments section. This section allows the rater to document the employee's strengths, weaknesses, and suggestions for improvement. Any rating under any job dimension marked unsatisfactory or outstanding shall be substantiated in the rater comments section. 1002.6 EVALUATION INTERVIEW When the supervisor has completed the preliminary evaluation, arrangements shall be made for a private discussion of the evaluation with the employee. The supervisor should discuss the results of the just completed rating period and clarify any questions the employee may have. If the employee has valid and reasonable protests of any of the ratings, the supervisor may make appropriate changes to the evaluation. Areas needing improvement and goals for reaching the expected level of performance should be identified and discussed. The supervisor should also provide relevant counseling regarding advancement, specialty positions and training opportunities. The supervisor and employee will sign and date the evaluation. Permanent employees may also write comments in the Employee Comments section of the performance evaluation report. 1002.6.1 DISCRIMINATORY HARASSMENT FORM At the time of each employee's annual evaluation, the reviewing supervisor shall require the employee to read the City and Department harassment and discrimination policies. Following such policy review, the supervisor shall provide the employee a form to be completed and returned by the employee certifying the following: San Luis Obispo Police Department San Luis Obispo PD CA Policy Manual Evaluation of Employees Copyright Lexipol, LLC 2019/01/24, All Rights Reserved. Published with permission by San Luis Obispo Police Department Evaluation of Employees - 514 (a)That the employee understands the harassment and discrimination policies. (b)Whether any questions the employee has have been sufficiently addressed. (c)That the employee knows how and where to report harassment policy violations. (d)Whether the employee has been the subject of, or witness to, any conduct that violates the discrimination or harassment policy which has not been previously reported. The completed form should be returned to the supervisor (or other authorized individual if the employee is uncomfortable returning the form to the presenting supervisor) within one week. The employee's completed answers shall be attached to the evaluation. If the employee has expressed any questions or concerns, the receiving supervisor or other authorized individual shall insure that appropriate follow up action is taken. 1002.7 EVALUATION REVIEW After the supervisor finishes the discussion with the employee, the signed performance evaluation is forwarded to the rater's supervisor (Bureau Commander). The Bureau Commander shall review the evaluation for fairness, impartiality, uniformity, and consistency. The Bureau Commander shall evaluate the supervisor on the quality of ratings given. 1002.8 EVALUATION DISTRIBUTION The original performance evaluation shall be maintained in the employee's personnel file in the office of the Chief of Police for the tenure of the employee's employment. A copy will be given to the employee and a copy will be forwarded to City Department of Human Resources. Policy 1007 San Luis Obispo Police Department San Luis Obispo PD CA Policy Manual Copyright Lexipol, LLC 2019/01/24, All Rights Reserved. Published with permission by San Luis Obispo Police Department Anti-Retaliation - 515 Anti-Retaliation 1007.1 PURPOSE AND SCOPE This policy prohibits retaliation against members who identify workplace issues, such as fraud, waste, abuse of authority, gross mismanagement or any inappropriate conduct or practices, including violations that may pose a threat to the health, safety or well-being of members. This policy does not prohibit actions taken for nondiscriminatory or non-retaliatory reasons, such as discipline for cause. These guidelines are intended to supplement and not limit members’ access to other applicable remedies. Nothing in this policy shall diminish the rights or remedies of a member pursuant to any applicable federal law, provision of the U.S. Constitution, law, ordinance or memorandum of understanding. 1007.2 POLICY The San Luis Obispo Police Department has a zero tolerance for retaliation and is committed to taking reasonable steps to protect from retaliation members who, in good faith, engage in permitted behavior or who report or participate in the reporting or investigation of workplace issues. All complaints of retaliation will be taken seriously and will be promptly and appropriately investigated. 1007.3 RETALIATION PROHIBITED No member may retaliate against any person for engaging in lawful or otherwise permitted behavior; for opposing a practice believed to be unlawful, unethical, discriminatory or retaliatory; for reporting or making a complaint under this policy; or for participating in any investigation related to a complaint under this or any other policy. Retaliation includes any adverse action or conduct, including but not limited to: •Refusing to hire or denying a promotion. •Extending the probationary period. •Unjustified reassignment of duties or change of work schedule. •Real or implied threats or other forms of intimidation to dissuade the reporting of wrongdoing or filing of a complaint, or as a consequence of having reported or participated in protected activity. •Taking unwarranted disciplinary action. •Spreading rumors about the person filing the complaint or about the alleged wrongdoing. •Shunning or unreasonably avoiding a person because he/she has engaged in protected activity. San Luis Obispo Police Department San Luis Obispo PD CA Policy Manual Anti-Retaliation Copyright Lexipol, LLC 2019/01/24, All Rights Reserved. Published with permission by San Luis Obispo Police Department Anti-Retaliation - 516 1007.4 COMPLAINTS OF RETALIATION Any member who feels he/she has been retaliated against in violation of this policy should promptly report the matter to any supervisor, command staff member, Chief of Police or the City Director of Human Services. Members shall act in good faith, not engage in unwarranted reporting of trivial or minor deviations or transgressions, and make reasonable efforts to verify facts before making any complaint in order to avoid baseless allegations. Members shall not report or state an intention to report information or an allegation knowing it to be false, with willful or reckless disregard for the truth or falsity of the information or otherwise act in bad faith. Investigations are generally more effective when the identity of the reporting member is known, thereby allowing investigators to obtain additional information from the reporting member. However, complaints may be made anonymously. All reasonable efforts shall be made to protect the reporting member’s identity. However, confidential information may be disclosed to the extent required by law or to the degree necessary to conduct an adequate investigation and make a determination regarding a complaint. In some situations, the investigative process may not be complete unless the source of the information and a statement by the member is part of the investigative process. 1007.5 SUPERVISOR RESPONSIBILITIES Supervisors are expected to remain familiar with this policy and ensure that members under their command are aware of its provisions. The responsibilities of supervisors include, but are not limited to: (a)Ensuring complaints of retaliation are investigated as provided in the Personnel Complaints Policy. (b)Receiving all complaints in a fair and impartial manner. (c)Documenting the complaint and any steps taken to resolve the problem. (d)Acknowledging receipt of the complaint, notifying the Chief of Police via the chain of command and explaining to the member how the complaint will be handled. (e)Taking appropriate and reasonable steps to mitigate any further violations of this policy. (f)Monitoring the work environment to ensure that any member making a complaint is not subjected to further retaliation. (g)Periodic follow-up with the complainant to ensure that retaliation is not continuing. (h)Not interfering with or denying the right of a member to make any complaint. (i)Taking reasonable steps to accommodate requests for assignment or schedule changes made by a member who may be the target of retaliation if it would likely mitigate the potential for further violations of this policy. San Luis Obispo Police Department San Luis Obispo PD CA Policy Manual Anti-Retaliation Copyright Lexipol, LLC 2019/01/24, All Rights Reserved. Published with permission by San Luis Obispo Police Department Anti-Retaliation - 517 1007.6 COMMAND STAFF RESPONSIBILITIES The Chief of Police should communicate to all supervisors the prohibition against retaliation. Command staff shall treat all complaints as serious matters and shall ensure that prompt actions take place, including but not limited to: (a)Communicating to all members the prohibition against retaliation. (b)The timely review of complaint investigations. (c)Remediation of any inappropriate conduct or condition and instituting measures to eliminate or minimize the likelihood of recurrence. (d)The timely communication of the outcome to the complainant. 1007.7 WHISTLE-BLOWING California law protects members who (Labor Code § 1102.5; Government Code § 53296 et seq.): (a)Report a violation of a state or federal statute or regulation to a government or law enforcement agency, including the member’s supervisor or any other member with the authority to investigate the reported violation. (b)Provide information or testify before a public body if the member has reasonable cause to believe a violation of law occurred. (c)Refuse to participate in an activity that would result in a violation of a state or federal statute or regulation. (d)File a complaint with a local agency about gross mismanagement or a significant waste of funds, abuse of authority or a substantial and specific danger to public health or safety. Members shall exhaust all available administrative remedies prior to filing a formal complaint. (e)Are family members who have engaged in any protected acts described above. Members are encouraged to report any legal violations through the chain of command (Labor Code § 1102.5). Members who believe they have been the subject of retaliation for engaging in such protected behaviors should promptly report it to a supervisor. Supervisors should refer the complaint to the Professional Standards Bureau for investigation pursuant to the Personnel Complaints Policy. 1007.7.1 DISPLAY OF WHISTLE-BLOWER LAWS The Department shall display a notice to members regarding their rights and responsibilities under the whistle-blower laws, including the whistle-blower hotline maintained by the Office of the Attorney General (Labor Code § 1102.8). San Luis Obispo Police Department San Luis Obispo PD CA Policy Manual Anti-Retaliation Copyright Lexipol, LLC 2019/01/24, All Rights Reserved. Published with permission by San Luis Obispo Police Department Anti-Retaliation - 518 1007.8 RECORDS RETENTION AND RELEASE The Records Supervisor shall ensure that documentation of investigations is maintained in accordance with the established records retention schedules. 1007.9 TRAINING The policy should be reviewed with each new member. All members should receive periodic refresher training on the requirements of this policy. Policy 1009 San Luis Obispo Police Department San Luis Obispo PD CA Policy Manual Copyright Lexipol, LLC 2019/01/24, All Rights Reserved. Published with permission by San Luis Obispo Police Department Reporting of Employee Convictions - 519 Reporting of Employee Convictions 1009.1 PURPOSE AND SCOPE Convictions of certain offenses may restrict or prohibit an employee’s ability to properly perform official duties. Therefore, all employees shall be required to promptly notify the Department of any past and current criminal convictions. The Administration Supervisor shall submit in a timely manner a notice to the Commission on Peace Officer Standards and Training (POST) of any appointment, termination, reinstatement, name change or status change regarding any peace officer, reserve peace officer, public safety dispatcher and records supervisor employed by this department (11 CCR 1003). The Administration Supervisor shall submit in a timely manner a notice to POST of a felony conviction or Government Code § 1029 reason that disqualifies any current peace officer employed by this department or any former peace officer if this department was responsible for the investigation (11 CCR 1003). 1009.2 DOMESTIC VIOLENCE CONVICTIONS, OUTSTANDING WARRANTS AND RESTRAINING ORDERS California and federal law prohibit individuals convicted of, or having an outstanding warrant for, certain offenses and individuals subject to certain court orders from lawfully possessing a firearm. Such convictions and court orders often involve allegations of the use or attempted use of force or threatened use of a weapon on any individual in a domestic relationship (e.g., spouse, cohabitant, parent, child) (18 USC § 922; Penal Code § 29805). All members are responsible for ensuring that they have not been disqualified from possessing a firearm by any such conviction or court order and shall promptly report any such conviction or court order to a supervisor, as provided in this policy. 1009.3 OTHER CRIMINAL CONVICTIONS AND COURT ORDERS Government Code § 1029 prohibits any person convicted of a felony from being a peace officer in the State of California. This prohibition applies regardless of whether the guilt was established by way of a verdict, guilty or nolo contendre plea. Convictions of certain violations of the Vehicle Code and other provisions of law may also place restrictions on an employee’s ability to fully perform the duties of the job. Outstanding warrants as provided in Penal Code § 29805 also place restrictions on a member’s ability to possess a firearm. Moreover, while legal restrictions may or may not be imposed by statute or by the courts upon conviction of any criminal offense, criminal conduct by members of this department may be inherently in conflict with law enforcement duties and the public trust. San Luis Obispo Police Department San Luis Obispo PD CA Policy Manual Reporting of Employee Convictions Copyright Lexipol, LLC 2019/01/24, All Rights Reserved. Published with permission by San Luis Obispo Police Department Reporting of Employee Convictions - 520 1009.4 REPORTING PROCEDURE All members of this department and all retired officers with an identification card issued by the Department shall promptly notify their immediate supervisor (or the Chief of Police in the case of retired officers) in writing of any past or current criminal arrest, outstanding warrant or conviction regardless of whether or not the matter is currently on appeal and regardless of the penalty or sentence, if any. All members and all retired officers with an identification card issued by the Department shall further promptly notify their immediate supervisor (or the Chief of Police in the case of retired officers) in writing if the member or retiree becomes the subject of a domestic violence restraining order or similar court order or becomes the subject of an outstanding warrant. Any member whose criminal conviction unduly restricts or prohibits that member from fully and properly performing his/her duties may be disciplined including, but not limited to, being placed on administrative leave, reassignment and/or termination. Any effort to remove such disqualification or restriction shall remain entirely the responsibility of the member on his/her own time and expense. Any member failing to provide prompt written notice pursuant to this policy shall be subject to discipline. 1009.5 PROCEDURE FOR RELIEF Pursuant to Penal Code § 29855, a peace officer may petition the court for permission to carry a firearm following a conviction under state law. Federal law, however, does not provide for any such similar judicial relief and the granting of a state court petition under Penal Code § 29855 will not relieve one of the restrictions imposed by federal law. Therefore, relief for any employee falling under the restrictions imposed by federal law may only be obtained by expungement of the conviction. Each employee shall seek relief from firearm restrictions on their own time and through their own resources. Pursuant to Family Code § 6389(h), an individual may petition the court for an exemption to any restraining order, which would thereafter permit the individual to carry a firearm as a part of their employment. Relief from any domestic violence or other restriction shall also be pursued through the employee’s own resources and on the employee’s own time. Pending satisfactory proof of relief from any legal restriction imposed on an employee’s duties, the employee may be placed on administrative leave, reassigned or disciplined. The Department may, but is not required to return an employee to any assignment, reinstate any employee or reverse any pending or imposed discipline upon presentation of satisfactory proof of relief from any legal restriction set forth in this policy. Policy 1011 San Luis Obispo Police Department San Luis Obispo PD CA Policy Manual Copyright Lexipol, LLC 2019/01/24, All Rights Reserved. Published with permission by San Luis Obispo Police Department Drug- and Alcohol-Free Workplace - 521 Drug- and Alcohol-Free Workplace 1011.1 PURPOSE AND SCOPE The purpose of this policy is to establish clear and uniform guidelines regarding drugs and alcohol in the workplace. 1011.2 POLICY It is the policy of this department to provide a drug- and alcohol-free workplace for all members. 1011.3 GENERAL GUIDELINES Alcohol and drug use in the workplace or on department time can endanger the health and safety of department members and the public. Such use shall not be tolerated (41 USC § 8103). Members who have consumed an amount of an alcoholic beverage or taken any medication, or combination thereof, that would tend to adversely affect their mental or physical abilities shall not report for duty. Affected members shall notify the Watch Commander or appropriate supervisor as soon as the member is aware that he/she will not be able to report to work. If the member is unable to make the notification, every effort should be made to have a representative contact the supervisor in a timely manner. If the member is adversely affected while on-duty, he/she shall be immediately removed and released from work (see Work Restrictions in this policy). 1011.3.1 USE OF MEDICATIONS Members should avoid taking any medications that will impair their ability to safely and completely perform their duties. Any member who is medically required or has a need to take any such medication shall report that need to his/her immediate supervisor prior to commencing any on- duty status. No member shall be permitted to work or drive a vehicle owned or leased by the Department while taking any medication that has the potential to impair his/her abilities, without a written release from his/her physician. 1011.3.2 USE OF MARIJUANA Possession of marijuana, including medical marijuana, or being under the influence of marijuana on- or off-duty is prohibited and may lead to disciplinary action. 1011.4 MEMBER RESPONSIBILITIES Members shall report for work in an appropriate mental and physical condition. Members are prohibited from purchasing, manufacturing, distributing, dispensing, possessing or using controlled substances or alcohol on department premises or on department time (41 USC § 8103). The lawful possession or use of prescribed medications or over-the-counter remedies is excluded from this prohibition. Members who are authorized to consume alcohol as part of a special assignment shall not do so to the extent of impairing on-duty performance. San Luis Obispo Police Department San Luis Obispo PD CA Policy Manual Drug- and Alcohol-Free Workplace Copyright Lexipol, LLC 2019/01/24, All Rights Reserved. Published with permission by San Luis Obispo Police Department Drug- and Alcohol-Free Workplace - 522 Members shall notify a supervisor immediately if they observe behavior or other evidence that they believe demonstrates that a fellow member poses a risk to the health and safety of the member or others due to drug or alcohol use. Members are required to notify their immediate supervisors of any criminal drug statute conviction for a violation occurring in the workplace no later than five days after such conviction (41 USC § 8103). 1011.5 EMPLOYEE ASSISTANCE PROGRAM There may be available a voluntary employee assistance program to assist those who wish to seek help for alcohol and drug problems (41 USC § 8103). Insurance coverage that provides treatment for drug and alcohol abuse also may be available. Employees should contact the Department of Human Resources, their insurance providers or the employee assistance program for additional information. It is the responsibility of each employee to seek assistance before alcohol or drug problems lead to performance problems. 1011.6 WORK RESTRICTIONS If a member informs a supervisor that he/she has consumed any alcohol, drug or medication that could interfere with a safe and efficient job performance, the member may be required to obtain clearance from his/her physician before continuing to work. If the supervisor reasonably believes, based on objective facts, that a member is impaired by the consumption of alcohol or other drugs, the supervisor shall prevent the member from continuing work and shall ensure that he/she is safely transported away from the Department. 1011.7 REQUESTING SCREENING TESTS The supervisor may request an employee to submit to a screening test under the following circumstances: (a)The supervisor reasonably believes, based upon objective facts, that the employee is under the influence of alcohol or drugs that are impairing his/her ability to perform duties safely and efficiently. (b)The employee discharges a firearm, other than by accident, in the performance of his/ her duties. (c)During the performance of his/her duties, the employee drives a motor vehicle and becomes involved in an incident that results in bodily injury to him/herself or another person, or substantial damage to property. 1011.7.1 SUPERVISOR RESPONSIBILITY The supervisor shall prepare a written record documenting the specific facts that led to the decision to request the test, and shall inform the employee in writing of the following: (a)The test will be given to detect either alcohol or drugs, or both. San Luis Obispo Police Department San Luis Obispo PD CA Policy Manual Drug- and Alcohol-Free Workplace Copyright Lexipol, LLC 2019/01/24, All Rights Reserved. Published with permission by San Luis Obispo Police Department Drug- and Alcohol-Free Workplace - 523 (b)The result of the test is not admissible in any criminal proceeding against the employee. (c)The employee may refuse the test, but refusal may result in dismissal or other disciplinary action. 1011.7.2 RANDOM DRUG SCREENING €# SPECIAL ASSIGNMENTS The illegal use of controlled substances by its officers, whether on or off duty, poses a severe risk of harm to both the employees of the Police Department and the public at large. Therefore, the department shall conduct periodic, random drug screening of supervisors and officers assigned to the Special Enforcement Team, and/or any assignment whose primary duties include the interdiction of drugs. The random selection will be conducted two times a year with one employee's name being drawn for screening. 1011.7.3 1012.6.1 RANDOM DRUG SCREENING - SPECIAL ASSIGNMENTS - PROCEDURES The Investigative Lieutenant will select and schedule the date and time when the selected employee will be randomly drug screened. On the date an employee is selected for random drug screening, the employee's supervisor will ensure the employee's duties are covered. The employee will receive a written notice the day of the test indicating the time the employee is to report to an approved laboratory or medical facility for testing. The collection and testing of the samples shall be performed by an approved laboratory or medical facility by laboratory or medical personnel qualified to administer and determine the meaning of any test results. The laboratory or medical facility performing the test shall be one that is certified by the U.S. Department of Health and Human Services (HHS) under the National Laboratory Certification Program (NLCP). The laboratory used shall also be one whose procedures are periodically tested by HHS by analyzing unknown samples sent to an independent party. The results of the screening tests shall be made available to the selected employee, the Investigative Lieutenant, Division Captain, and the Chief of Police. The employer shall pay the fees associated with drug screening, including authorized employee expenses. If confirmatory testing results are negative, all remaining samples shall be destroyed. 1011.7.4 SCREENING TEST REFUSAL An employee may be subject to disciplinary action if he/she: (a)Fails or refuses to submit to a screening test as requested. (b)After taking a screening test that indicates the presence of a controlled substance, fails to provide proof, within 72 hours after being requested, that he/she took the controlled substance as directed, pursuant to a current and lawful prescription issued in his/ her name. It should be noted, possession of medical marijuana or being under the influence of marijuana on- or off-duty is prohibited and may lead to disciplinary action. (c)Violates any provisions of this policy. San Luis Obispo Police Department San Luis Obispo PD CA Policy Manual Drug- and Alcohol-Free Workplace Copyright Lexipol, LLC 2019/01/24, All Rights Reserved. Published with permission by San Luis Obispo Police Department Drug- and Alcohol-Free Workplace - 524 1011.7.5 POSITIVE SCREENING RESULT If an employee tests positive on an initial screening test, the employee may be placed on paid administrative leave while the confirmation test is being conducted. On receipt of the confirmation of a positive test, the employee may be subject to disciplinary action, up to and including termination. 1011.8 COMPLIANCE WITH THE DRUG-FREE WORKPLACE ACT No later than 30 days following notice of any drug statute conviction for a violation occurring in the workplace involving a member, the Department will take appropriate disciplinary action, up to and including dismissal, and/or requiring the member to satisfactorily participate in a drug abuse assistance or rehabilitation program (41 USC § 8104). 1011.9 CONFIDENTIALITY The Department recognizes the confidentiality and privacy due to its members. Disclosure of any information relating to substance abuse treatment, except on a need-to-know basis, shall only be with the express written consent of the member involved or pursuant to lawful process. The written results of any screening tests and all documents generated by the employee assistance program are considered confidential medical records and shall be maintained separately from the employee’s other personnel files. Policy 1013 San Luis Obispo Police Department San Luis Obispo PD CA Policy Manual Copyright Lexipol, LLC 2019/01/24, All Rights Reserved. Published with permission by San Luis Obispo Police Department Sick Leave - 525 Sick Leave 1013.1 PURPOSE AND SCOPE This policy provides general guidance regarding the use and processing of sick leave. The accrual and terms of use of sick leave for eligible employees are detailed in the City personnel manual or applicable collective bargaining agreement. This policy is not intended to cover all types of sick or other leaves. For example, employees may be entitled to additional paid or unpaid leave for certain family and medical reasons as provided for in the Family and Medical Leave Act (FMLA) (29 USC § 2601 et seq.) and the California Family Rights Act, and leave related to domestic violence, sexual assault, stalking or for organ or bone marrow donor procedures (29 CFR 825; Government Code § 12945.2; Labor Code § 230.1; Labor Code § 1510). 1013.2 EMPLOYEE RESPONSIBILITIES Sick leave may be used for absences caused by illness, injury, diagnosis, care or treatment for existing health conditions, temporary disability (including pregnancy/maternity), or for medical, dental or vision exams or medical treatment of the employee or the employee's immediate family when it is not possible to schedule such appointments during non-working hours. Sick leave is not considered vacation, and abuse of sick leave may result in discipline and/or denial of sick-leave benefits. Employees on sick leave shall not engage in other employment or self- employment, or participate in any sport, hobby, recreational or other activity which may impede recovery from the injury or illness. Upon return to work, employees shall complete and submit a leave request describing the type of leave used and the specific amount of time taken. 1013.2.1 NOTIFICATION Employeesshall notify the Watch Commander or appropriate supervisor as soon as they are aware that they will not be able to report to work. Non-shift employees shall notify their supervisor or the Watch Commander in the event their supervisor is not available. At a minimum, employees shall make such notification no less than two hours before the start of their scheduled shift. If an employee is unable to contact the supervisor in the case of an emergency, every effort should be made to have a representative contact the supervisor. Employees shall make notification by calling the Watch Commander or appropriate supervisor. In the event the employee is unable to reach the Watch Commander or supervisor, the employee shall call dispatch and ask to be transferred to the Watch Commander. Employees shall not make notification through email or text messages. When the necessity for leave is foreseeable, such as an expected birth or planned medical treatment, the employee shall, whenever possible, provide the Department with no less than 30- days notice of the intent to take leave. San Luis Obispo Police Department San Luis Obispo PD CA Policy Manual Sick Leave Copyright Lexipol, LLC 2019/01/24, All Rights Reserved. Published with permission by San Luis Obispo Police Department Sick Leave - 526 1013.3 EXTENDED ILLNESS Employees absent from duty due to personal illness or injury in excess of five consecutive working days shall produce written proof of illness from an authorized medical authority supporting the use of sick leave and/or the ability to return to work. Such proof may be required for periods of less than five consecutive working days where there exists indication of abuse. Employees on extended absences shall, if possible, contact their unit supervisor at three-day intervals to provide an update on their absence and expected date of return. 1013.4 EXTENDED ABSENCE Members absent from duty for more than three consecutive days may be required to furnish a statement from a health care provider supporting the need to be absent and/or the ability to return to work. Members on an extended absence shall, if possible, contact their supervisor at specified intervals to provide an update on their absence and expected date of return. Nothing in this section precludes a supervisor from requiring, with cause, a health care provider’s statement for an absence of three or fewer days after the first three days of paid sick leave are used in a 12-month period. 1013.5 SUPERVISOR RESPONSIBILITIES The responsibilities of supervisors include, but are not limited to: (a)Monitoring and regularly reviewing the attendance of those under their command to ensure that the use of sick leave and absences is consistent with this policy. (b)Attempting to determine whether an absence of four or more days may qualify as family medical leave and consulting with legal counsel or the Department of Human Resources as appropriate. (c)Addressing absences and sick leave use in the member’s performance evaluation when excessive or unusual use has: 1.Negatively affected the member’s performance or ability to complete assigned duties. 2.Negatively affected department operations. (d)When appropriate, counseling members regarding excessive absences and/or inappropriate use of sick leave. (e)Referring eligible members to an available employee assistance program when appropriate. 1013.6 REQUIRED NOTICES The Director of Human Services shall ensure: (a)Written notice of the amount of paid sick leave available is provided to employees as provided in Labor Code § 246. San Luis Obispo Police Department San Luis Obispo PD CA Policy Manual Sick Leave Copyright Lexipol, LLC 2019/01/24, All Rights Reserved. Published with permission by San Luis Obispo Police Department Sick Leave - 527 (b)A poster is displayed in a conspicuous place for employees to review that contains information on paid sick leave as provided in Labor Code § 247. Policy 1015 San Luis Obispo Police Department San Luis Obispo PD CA Policy Manual Copyright Lexipol, LLC 2019/01/24, All Rights Reserved. Published with permission by San Luis Obispo Police Department Communicable Diseases - 528 Communicable Diseases 1015.1 PURPOSE AND SCOPE This policy provides general guidelines to assist in minimizing the risk of department members contracting and/or spreading communicable diseases. 1015.1.1 DEFINITIONS Definitions related to this policy include: Communicable disease - A human disease caused by microorganisms that are present in and transmissible through human blood, bodily fluid, tissue, or by breathing or coughing. These diseases commonly include, but are not limited to, hepatitis B virus (HBV), HIV and tuberculosis. Exposure - When an eye, mouth, mucous membrane or non-intact skin comes into contact with blood or other potentially infectious materials, or when these substances are injected or infused under the skin; when an individual is exposed to a person who has a disease that can be passed through the air by talking, sneezing or coughing (e.g., tuberculosis), or the individual is in an area that was occupied by such a person. Exposure only includes those instances that occur due to a member’s position at the San Luis Obispo Police Department. (See the exposure control plan for further details to assist in identifying whether an exposure has occurred.) 1015.2 POLICY The San Luis Obispo Police Department is committed to providing a safe work environment for its members. Members should be aware that they are ultimately responsible for their own health and safety. 1015.3 EXPOSURE CONTROL OFFICER The Chief of Police will assign a person as the Exposure Control Officer (ECO). The ECO shall develop an exposure control plan that includes: (a)Exposure-prevention and decontamination procedures. (b)Procedures for when and how to obtain medical attention in the event of an exposure or suspected exposure. (c)The provision that department members will have no-cost access to the appropriate personal protective equipment (PPE) (e.g., gloves, face masks, eye protection, pocket masks) for each member’s position and risk of exposure. (d)Evaluation of persons in custody for any exposure risk and measures to separate them (15 CCR 1051; 15 CCR 1207). (e)Compliance with all relevant laws or regulations related to communicable diseases, including: 1.Responding to requests and notifications regarding exposures covered under the Ryan White law (42 USC § 300ff-133; 42 USC § 300ff-136). 2.Bloodborne pathogen mandates including (8 CCR 5193): San Luis Obispo Police Department San Luis Obispo PD CA Policy Manual Communicable Diseases Copyright Lexipol, LLC 2019/01/24, All Rights Reserved. Published with permission by San Luis Obispo Police Department Communicable Diseases - 529 (a)Sharps injury log. (b)Needleless systems and sharps injury protection. 3.Airborne transmissible disease mandates including (8 CCR 5199): (a)Engineering and work practice controls related to airborne transmissible diseases. (b)Distribution of appropriate personal protective equipment to minimize exposure to airborne disease. 4.Promptly notifying the county health officer regarding member exposures (Penal Code § 7510). 5.Establishing procedures to ensure that members request exposure notification from health facilities when transporting a person that may have a communicable disease and that the member is notified of any exposure as required by Health and Safety Code § 1797.188. 6.Informing members of the provisions of Health and Safety Code § 1797.188 (exposure to communicable diseases and notification). (f)Provisions for acting as the designated officer liaison with health care facilities regarding communicable disease or condition exposure notification. The designated officer should coordinate with other department members to fulfill the role when not available. The designated officer shall ensure that the name, title and telephone number of the designated officer is posted on the Department website (Health and Safety Code § 1797.188). The ECO should also act as the liaison with the Division of Occupational Safety and Health (Cal/ OSHA) and may request voluntary compliance inspections. The ECO shall annually review and update the exposure control plan and review implementation of the plan (8 CCR 5193). 1015.4 EXPOSURE PREVENTION AND MITIGATION 1015.4.1 GENERAL PRECAUTIONS All members are expected to use good judgment and follow training and procedures related to mitigating the risks associated with communicable disease. This includes, but is not limited to (8 CCR 5193): (a)Stocking disposable gloves, antiseptic hand cleanser, CPR masks or other specialized equipment in the work area or department vehicles, as applicable. (b)Wearing department-approved disposable gloves when contact with blood, other potentially infectious materials, mucous membranes and non-intact skin can be reasonably anticipated. (c)Washing hands immediately or as soon as feasible after removal of gloves or other PPE. (d)Treating all human blood and bodily fluids/tissue as if it is known to be infectious for a communicable disease. San Luis Obispo Police Department San Luis Obispo PD CA Policy Manual Communicable Diseases Copyright Lexipol, LLC 2019/01/24, All Rights Reserved. Published with permission by San Luis Obispo Police Department Communicable Diseases - 530 (e)Using an appropriate barrier device when providing CPR. (f)Using a face mask or shield if it is reasonable to anticipate an exposure to an airborne transmissible disease. (g)Decontaminating non-disposable equipment (e.g., flashlight, control devices, clothing and portable radio) as soon as possible if the equipment is a potential source of exposure. 1.Clothing that has been contaminated by blood or other potentially infectious materials shall be removed immediately or as soon as feasible and stored/ decontaminated appropriately. (h)Handling all sharps and items that cut or puncture (e.g., needles, broken glass, razors, knives) cautiously and using puncture-resistant containers for their storage and/or transportation. (i)Avoiding eating, drinking, smoking, applying cosmetics or lip balm, or handling contact lenses where there is a reasonable likelihood of exposure. (j)Disposing of biohazardous waste appropriately or labeling biohazardous material properly when it is stored. 1015.4.2 IMMUNIZATIONS Members who could be exposed to HBV due to their positions may receive the HBV vaccine and any routine booster at no cost (8 CCR 5193). 1015.5 POST EXPOSURE 1015.5.1 INITIAL POST-EXPOSURE STEPS Members who experience an exposure or suspected exposure shall: (a)Begin decontamination procedures immediately (e.g., wash hands and any other skin with soap and water, flush mucous membranes with water). (b)Obtain medical attention as appropriate. (c)Notify a supervisor as soon as practicable. 1015.5.2 REPORTING REQUIREMENTS The supervisor on-duty shall investigate every exposure or suspected exposure that occurs as soon as possible following the incident. The supervisor shall ensure the following information is documented (8 CCR 5193): (a)Name and Social Security number of the member exposed (b)Date and time of the incident (c)Location of the incident (d)Potentially infectious materials involved and the source of exposure (e.g., identification of the person who may have been the source) (e)Work being done during exposure San Luis Obispo Police Department San Luis Obispo PD CA Policy Manual Communicable Diseases Copyright Lexipol, LLC 2019/01/24, All Rights Reserved. Published with permission by San Luis Obispo Police Department Communicable Diseases - 531 (f)How the incident occurred or was caused (g)PPE in use at the time of the incident (h)Actions taken post-event (e.g., clean-up, notifications) The supervisor shall advise the member that disclosing the identity and/or infectious status of a source to the public or to anyone who is not involved in the follow-up process is prohibited. The supervisor should complete the incident documentation in conjunction with other reporting requirements that may apply (see the Occupational Disease and Work-Related Injury Reporting Policy). 1015.5.3 MEDICAL CONSULTATION, EVALUATION AND TREATMENT Department members shall have the opportunity to have a confidential medical evaluation immediately after an exposure and follow-up evaluations as necessary (8 CCR 5193). The ECO should request a written opinion/evaluation from the treating medical professional that contains only the following information: (a)Whether the member has been informed of the results of the evaluation. (b)Whether the member has been notified of any medical conditions resulting from exposure to blood or other potentially infectious materials which require further evaluation or treatment. No other information should be requested or accepted by the ECO. 1015.5.4 COUNSELING The Department shall provide the member, and his/her family if necessary, the opportunity for counseling and consultation regarding the exposure (8 CCR 5193). 1015.5.5 SOURCE TESTING Testing a person for communicable diseases when that person was the source of an exposure should be done when it is desired by the exposed member or when it is otherwise appropriate (8 CCR 5193). Source testing is the responsibility of the ECO. If the ECO is unavailable to seek timely testing of the source, it is the responsibility of the exposed member’s supervisor to ensure testing is sought. Source testing may be achieved by: (a)Obtaining consent from the individual. (b)Complying with the statutory scheme of Health and Safety Code § 121060. This includes seeking consent from the person who was the source of the exposure and seeking a court order if consent is not given. (c)Testing the exposed member for evidence of a communicable disease and seeking consent from the source individual to either access existing blood samples for testing or for the source to submit to testing (Health and Safety Code § 120262). (d)Taking reasonable steps to immediately contact the County Health Officer and provide preliminary information regarding the circumstances of the exposure and the status San Luis Obispo Police Department San Luis Obispo PD CA Policy Manual Communicable Diseases Copyright Lexipol, LLC 2019/01/24, All Rights Reserved. Published with permission by San Luis Obispo Police Department Communicable Diseases - 532 of the involved individuals to determine whether the County Health Officer will order testing (Penal Code § 7510). (e)Under certain circumstances, a court may issue a search warrant for the purpose of HIV testing a person when the exposed member qualifies as a crime victim (Penal Code § 1524.1). Since there is the potential for overlap between the different manners in which source testing may occur, the ECO is responsible for coordinating the testing to prevent unnecessary or duplicate testing. The ECO should seek the consent of the individual for testing and consult the City Attorney to discuss other options when no statute exists for compelling the source of an exposure to undergo testing if he/she refuses. 1015.6 CONFIDENTIALITY OF REPORTS Medical information shall remain in confidential files and shall not be disclosed to anyone without the member’s written consent (except as required by law). Test results from persons who may have been the source of an exposure are to be kept confidential as well. 1015.7 TRAINING All members shall participate in training regarding communicable diseases commensurate with the requirements of their position. The training (8 CCR 5193): (a)Shall be provided at the time of initial assignment to tasks where an occupational exposure may take place and at least annually after the initial training. (b)Shall be provided whenever the member is assigned new tasks or procedures affecting his/her potential exposure to communicable disease. (c)Should provide guidance on what constitutes an exposure, what steps can be taken to avoid an exposure and what steps should be taken if a suspected exposure occurs. Policy 1017 San Luis Obispo Police Department San Luis Obispo PD CA Policy Manual Copyright Lexipol, LLC 2019/01/24, All Rights Reserved. Published with permission by San Luis Obispo Police Department Smoking and Tobacco Use - 533 Smoking and Tobacco Use 1017.1 PURPOSE AND SCOPE This policy establishes limitations on smoking and the use of tobacco products by members and others while on-duty or while in San Luis Obispo Police Department facilities or vehicles. For the purposes of this policy, smoking and tobacco use includes, but is not limited to, any tobacco product, such as cigarettes, cigars, pipe tobacco, snuff, tobacco pouches and chewing tobacco, as well as any device intended to simulate smoking, such as an electronic cigarette or personal vaporizer. 1017.2 POLICY The San Luis Obispo Police Department recognizes that tobacco use is a health risk and can be offensive to others. Smoking and tobacco use also presents an unprofessional image for the Department and its members. Therefore smoking and tobacco use is prohibited by members and visitors in all department facilities, buildings and vehicles, and as is further outlined in this policy (Government Code § 7597; Labor Code § 6404.5). 1017.3 SMOKING AND TOBACCO USE Smoking and tobacco use by members is prohibited anytime members are in public view representing the San Luis Obispo Police Department. It shall be the responsibility of each member to ensure that no person under his/her supervision smokes or uses any tobacco product inside City facilities and vehicles. 1017.4 ADDITIONAL PROHIBITIONS No person shall use tobacco products within 20 feet of a main entrance, exit or operable window of any public building (including any department facility), or buildings on the campuses of the University of California, California State University and California community colleges, whether present for training, enforcement or any other purpose (Government Code § 7596 et seq.). 1017.4.1 NOTICE The Chief of Police or the authorized designee should ensure that proper signage is posted at each entrance to the Department facility (Labor Code § 6404.5). Policy 1019 San Luis Obispo Police Department San Luis Obispo PD CA Policy Manual Copyright Lexipol, LLC 2019/01/24, All Rights Reserved. Published with permission by San Luis Obispo Police Department Personnel Complaints - 534 Personnel Complaints 1019.1 PURPOSE AND SCOPE This policy provides guidelines for the reporting, investigation and disposition of complaints regarding the conduct of members of the San Luis Obispo Police Department. This policy shall not apply to any questioning, counseling, instruction, informal verbal admonishment or other routine or unplanned contact of a member in the normal course of duty, by a supervisor or any other member, nor shall this policy apply to a criminal investigation. 1019.2 POLICY The San Luis Obispo Police Department takes seriously all complaints regarding the service provided by the Department and the conduct of its members. The Department will accept and address all complaints of misconduct in accordance with this policy and applicable federal, state and local law, municipal and county rules and the requirements of any collective bargaining agreements. It is also the policy of this department to ensure that the community can report misconduct without concern for reprisal or retaliation. 1019.2.1 AVAILABILITY OF COMPLAINT FORMS Personnel complaint forms will be maintained in a clearly visible location in the public lobby. 1019.3 PERSONNEL COMPLAINTS Personnel complaints include any allegation of misconduct or improper job performance that, if true, would constitute a violation of department policy or of federal, state or local law, policy or rule. Personnel complaints may be generated internally or by the public. Inquiries about conduct or performance that, if true, would not violate department policy or federal, state or local law, policy or rule may be handled informally by a supervisor and shall not be considered a personnel complaint. Such inquiries generally include clarification regarding policy, procedures or the response to specific incidents by the Department. 1019.3.1 COMPLAINT CLASSIFICATIONS Personnel complaints shall be classified in one of the following categories: Informal - A matter in which the Watch Commander is satisfied that appropriate action has been taken by a supervisor of rank greater than the accused member. Formal - A matter in which a supervisor determines that further action is warranted. Such complaints may be investigated by a supervisor of rank greater than the accused member or referred to the Professional Standards Bureau, depending on the seriousness and complexity of the investigation. Incomplete - A matter in which the complaining party either refuses to cooperate or becomes unavailable after diligent follow-up investigation. At the discretion of the assigned supervisor or San Luis Obispo Police Department San Luis Obispo PD CA Policy Manual Personnel Complaints Copyright Lexipol, LLC 2019/01/24, All Rights Reserved. Published with permission by San Luis Obispo Police Department Personnel Complaints - 535 the Professional Standards Bureau, such matters may be further investigated depending on the seriousness of the complaint and the availability of sufficient information. 1019.3.2 SOURCES OF COMPLAINTS The following applies to the source of complaints: (a)Individuals from the public may make complaints in any form, including in writing, by email, in person or by telephone. (b)Any department member becoming aware of alleged misconduct shall immediately notify a supervisor. (c)Supervisors shall initiate a complaint based upon observed misconduct or receipt from any source alleging misconduct that, if true, could result in disciplinary action. (d)Anonymous and third-party complaints should be accepted and investigated to the extent that sufficient information is provided. (e)Tort claims and lawsuits may generate a personnel complaint. 1019.4 AVAILABILITY AND ACCEPTANCE OF COMPLAINTS 1019.4.1 COMPLAINT FORMS Personnel complaint forms will be maintained in a clearly visible location in the public area of the police facility and be accessible through the department website. Forms may also be available at other City facilities. Personnel complaint forms in languages other than English may also be provided, as determined necessary or practicable. 1019.4.2 ACCEPTANCE All complaints will be courteously accepted by any department member and promptly given to the appropriate supervisor. Although written complaints are preferred, a complaint may also be filed orally, either in person or by telephone. Such complaints will be directed to a supervisor. If a supervisor is not immediately available to take an oral complaint, the receiving member shall obtain contact information sufficient for the supervisor to contact the complainant. The supervisor, upon contact with the complainant, shall complete and submit a complaint form as appropriate. Although not required, complainants should be encouraged to file complaints in person so that proper identification, signatures, photographs or physical evidence may be obtained as necessary. If requested, a complainant shall be provided with a copy of his/her statement at the time it is filed with the Department (Penal Code § 832.7). 1019.4.3 AVAILABILITY OF WRITTEN PROCEDURES The Department shall make available to the public a written description of the investigation procedures for complaints (Penal Code § 832.5). San Luis Obispo Police Department San Luis Obispo PD CA Policy Manual Personnel Complaints Copyright Lexipol, LLC 2019/01/24, All Rights Reserved. Published with permission by San Luis Obispo Police Department Personnel Complaints - 536 1019.5 DOCUMENTATION Supervisors shall ensure that all formal and informal complaints are documented on a complaint form. The supervisor shall ensure that the nature of the complaint is defined as clearly as possible. All complaints and inquiries should also be documented in a log that records and tracks complaints. The log shall include the nature of the complaint and the actions taken to address the complaint. On an annual basis, the Department should audit the log and send an audit report to the Chief of Police or the authorized designee. 1019.6 ADMINISTRATIVE INVESTIGATIONS Allegations of misconduct will be administratively investigated as follows. 1019.6.1 SUPERVISOR RESPONSIBILITIES In general, the primary responsibility for the investigation of a personnel complaint shall rest with the member's immediate supervisor, unless the supervisor is the complainant, or the supervisor is the ultimate decision-maker regarding disciplinary action or has any personal involvement regarding the alleged misconduct. The Chief of Police or the authorized designee may direct that another supervisor investigate any complaint. A supervisor who becomes aware of alleged misconduct shall take reasonable steps to prevent aggravation of the situation. The responsibilities of supervisors include, but are not limited to: (a)Ensuring that upon receiving or initiating any formal complaint, a complaint form is completed. 1.The original complaint form will be directed to the Watch Commander of the accused member, via the chain of command, who will take appropriate action and/or determine who will have responsibility for the investigation. 2.In circumstances where the integrity of the investigation could be jeopardized by reducing the complaint to writing or where the confidentiality of a complainant is at issue, a supervisor shall orally report the matter to the member's Bureau Commander or the Chief of Police, who will initiate appropriate action. (b)Responding to all complainants in a courteous and professional manner. (c)Resolving those personnel complaints that can be resolved immediately. 1.Follow-up contact with the complainant should be made within 24 hours of the Department receiving the complaint. 2.If the matter is resolved and no further action is required, the supervisor will note the resolution on a complaint form and forward the form to the Watch Commander. (d)Ensuring that upon receipt of a complaint involving allegations of a potentially serious nature, the Watch Commander and theChief of Police are notified via the chain of command as soon as practicable. San Luis Obispo Police Department San Luis Obispo PD CA Policy Manual Personnel Complaints Copyright Lexipol, LLC 2019/01/24, All Rights Reserved. Published with permission by San Luis Obispo Police Department Personnel Complaints - 537 (e)Promptly contacting the Department of Human Resources and the Watch Commander for direction regarding their roles in addressing a complaint that relates to sexual, racial, ethnic or other forms of prohibited harassment or discrimination. (f)Forwarding unresolved personnel complaints to the Watch Commander, who will determine whether to contact the complainant or assign the complaint for investigation. (g)Informing the complainant of the investigator’s name and the complaint number within three days after assignment. (h)Investigating a complaint as follows: 1.Making reasonable efforts to obtain names, addresses and telephone numbers of witnesses. 2.When appropriate, ensuring immediate medical attention is provided and photographs of alleged injuries and accessible uninjured areas are taken. (i)Ensuring that the procedural rights of the accused member are followed (Government Code § 3303 et seq.). (j)Ensuring interviews of the complainant are generally conducted during reasonable hours. 1019.6.2 ADMINISTRATIVE INVESTIGATION PROCEDURES Whether conducted by a supervisor or a member of the Professional Standards Bureau, the following applies to members covered by the Public Safety Officers Procedural Bill of Rights Act (POBR) (Government Code § 3303): (a)Interviews of an accused member shall be conducted during reasonable hours and preferably when the member is on-duty. If the member is off-duty, he/she shall be compensated. (b)Unless waived by the member, interviews of an accused member shall be at the San Luis Obispo Police Department or other reasonable and appropriate place. (c)No more than two interviewers should ask questions of an accused member. (d)Prior to any interview, a member shall be informed of the nature of the investigation, the name, rank and command of the officer in charge of the investigation, the interviewing officers and all other persons to be present during the interview. (e)All interviews shall be for a reasonable period and the member's personal needs should be accommodated. (f)No member should be subjected to offensive or threatening language, nor shall any promises, rewards or other inducements be used to obtain answers. (g)Any member refusing to answer questions directly related to the investigation may be ordered to answer questions administratively and may be subject to discipline for failing to do so. 1.A member should be given an order to answer questions in an administrative investigation that might incriminate the member in a criminal matter only after the member has been given a Lybarger advisement. Administrative investigators San Luis Obispo Police Department San Luis Obispo PD CA Policy Manual Personnel Complaints Copyright Lexipol, LLC 2019/01/24, All Rights Reserved. Published with permission by San Luis Obispo Police Department Personnel Complaints - 538 should consider the impact that compelling a statement from the member may have on any related criminal investigation and should take reasonable steps to avoid creating any foreseeable conflicts between the two related investigations. This may include conferring with the person in charge of the criminal investigation (e.g., discussion of processes, timing, implications). 2.No information or evidence administratively coerced from a member may be provided to anyone involved in conducting the criminal investigation or to any prosecutor. (h)The interviewer should record all interviews of members and witnesses. The member may also record the interview. If the member has been previously interviewed, a copy of that recorded interview shall be provided to the member prior to any subsequent interview. (i)All members subjected to interviews that could result in discipline have the right to have an uninvolved representative present during the interview. However, in order to maintain the integrity of each individual’s statement, involved members shall not consult or meet with a representative or attorney collectively or in groups prior to being interviewed. (j)All members shall provide complete and truthful responses to questions posed during interviews. (k)No member may be requested or compelled to submit to a polygraph examination, nor shall any refusal to submit to such examination be mentioned in any investigation (Government Code § 3307). No investigation shall be undertaken against any officer solely because the officer has been placed on a prosecutor’s Brady list or the name of the officer may otherwise be subject to disclosure pursuant to Brady v. Maryland. However, an investigation may be based on the underlying acts or omissions for which the officer has been placed on a Brady list or may otherwise be subject to disclosure pursuant to Brady v. Maryland (Government Code § 3305.5). 1019.6.3 ADMINISTRATIVE INVESTIGATION FORMAT Formal investigations of personnel complaints shall be thorough, complete and essentially follow this format: Executive Summary - Provide a brief summary of the facts giving rise to the investigation. Attachments: A separate list of exhibits (e.g., recordings, photos, documents) should be attached to the report. Summary of Allegations - List the allegations separately, including applicable policy sections, with a brief summary of the evidence relevant to each allegation. A separate recommended finding should be provided for each allegation. San Luis Obispo Police Department San Luis Obispo PD CA Policy Manual Personnel Complaints Copyright Lexipol, LLC 2019/01/24, All Rights Reserved. Published with permission by San Luis Obispo Police Department Personnel Complaints - 539 Investigation - Each allegation should be set forth with the details of the evidence applicable to each allegation provided, including comprehensive summaries of member and witness statements. Other evidence related to each allegation should also be detailed in this section. 1019.6.4 DISPOSITIONS Each personnel complaint shall be classified with one of the following dispositions: Unfounded - When the investigation discloses that the alleged acts did not occur or did not involve department members. Complaints that are determined to be frivolous will fall within the classification of unfounded. Exonerated - When the investigation discloses that the alleged act occurred but that the act was justified, lawful and/or proper. Not sustained - When the investigation discloses that there is insufficient evidence to sustain the complaint or fully exonerate the member. Sustained - When the investigation discloses sufficient evidence to establish that the act occurred and that it constituted misconduct. If an investigation discloses misconduct or improper job performance that was not alleged in the original complaint, the investigator shall take appropriate action with regard to any additional allegations. 1019.6.5 COMPLETION OF INVESTIGATIONS Every investigator or supervisor assigned to investigate a personnel complaint or other alleged misconduct shall proceed with due diligence in an effort to complete the investigation within one year from the date of discovery by an individual authorized to initiate an investigation (Government Code § 3304). In the event that an investigation cannot be completed within one year of discovery, the assigned investigator or supervisor shall ensure that an extension or delay is warranted within the exceptions set forth in Government Code § 3304(d) or Government Code § 3508.1. 1019.6.6 NOTICE TO COMPLAINANT OF INVESTIGATION STATUS The member conducting the investigation should provide the complainant with periodic updates on the status of the investigation, as appropriate. 1019.7 ADMINISTRATIVE SEARCHES Assigned lockers, storage spaces and other areas, including desks, offices and vehicles, may be searched as part of an administrative investigation upon a reasonable suspicion of misconduct. Such areas may also be searched any time by a supervisor for non-investigative purposes, such as obtaining a needed report, radio or other document or equipment. San Luis Obispo Police Department San Luis Obispo PD CA Policy Manual Personnel Complaints Copyright Lexipol, LLC 2019/01/24, All Rights Reserved. Published with permission by San Luis Obispo Police Department Personnel Complaints - 540 Lockers and storage spaces may only be administratively searched in the member's presence, with the member’s consent, with a valid search warrant or where the member has been given reasonable notice that the search will take place (Government Code § 3309). 1019.7.1 DISCLOSURE OF FINANCIAL INFORMATION An employee may be compelled to disclose personal financial information under the following circumstances (Government Code § 3308): (a)Pursuant to a state law or proper legal process (b)Information exists that tends to indicate a conflict of interest with official duties (c)If the employee is assigned to or being considered for a special assignment with a potential for bribes or other improper inducements 1019.8 ADMINISTRATIVE LEAVE When a complaint of misconduct is of a serious nature, or when circumstances indicate that allowing the accused to continue to work would adversely affect the mission of the Department, the Chief of Police or the authorized designee may temporarily assign an accused employee to administrative leave. Any employee placed on administrative leave: (a)May be required to relinquish any department badge, identification, assigned weapons and any other department equipment. (b)Shall be required to continue to comply with all policies and lawful orders of a supervisor. (c)May be temporarily reassigned to a different shift, generally a normal business-hours shift, during the investigation. The employee may be required to remain available for contact at all times during such shift, and will report as ordered. 1019.9 CRIMINAL INVESTIGATION Where a member is accused of potential criminal conduct, a separate supervisor or investigator shall be assigned to investigate the criminal allegations apart from any administrative investigation. Any separate administrative investigation may parallel a criminal investigation. The Chief of Police shall be notified as soon as practicable when a member is accused of criminal conduct. The Chief of Police may request a criminal investigation by an outside law enforcement agency. A member accused of criminal conduct shall be advised of his/her constitutional rights (Government Code § 3303(h)). The member should not be administratively ordered to provide any information in the criminal investigation. The San Luis Obispo Police Department may release information concerning the arrest or detention of any member, including an officer, that has not led to a conviction. No disciplinary action should be taken until an independent administrative investigation is conducted. San Luis Obispo Police Department San Luis Obispo PD CA Policy Manual Personnel Complaints Copyright Lexipol, LLC 2019/01/24, All Rights Reserved. Published with permission by San Luis Obispo Police Department Personnel Complaints - 541 1019.10 POST-ADMINISTRATIVE INVESTIGATION PROCEDURES Upon completion of a formal investigation, an investigation report should be forwarded to the Chief of Police through the chain of command. Each level of command should review the report and include his/her comments in writing before forwarding the report. The Chief of Police may accept or modify any classification or recommendation for disciplinary action. 1019.10.1 CHIEF OF POLICE RESPONSIBILITIES Upon receipt of any written recommendation for disciplinary action, the Chief of Police shall review the recommendation and all accompanying materials. The Chief of Police may modify any recommendation and/or may return the file to the Bureau Commander for further investigation or action. Once the Chief of Police is satisfied that no further investigation or action is required by staff, the Chief of Police shall determine the amount of discipline, if any, that should be imposed. In the event disciplinary action is proposed, the Chief of Police shall provide the member with a pre- disciplinary procedural due process hearing (Skelly) by providing written notice of the charges, proposed action and reasons for the proposed action. Written notice shall be provided within one year from the date of discovery of the misconduct (Government Code § 3304(d)). The Chief of Police shall also provide the member with: (a)Access to all of the materials considered by the Chief of Police in recommending the proposed discipline. (b)An opportunity to respond orally or in writing to the Chief of Police within five days of receiving the notice. 1.Upon a showing of good cause by the member, the Chief of Police may grant a reasonable extension of time for the member to respond. 2.If the member elects to respond orally, the presentation may be recorded by the Department. Upon request, the member shall be provided with a copy of the recording. Once the member has completed his/her response or if the member has elected to waive any such response, the Chief of Police shall consider all information received in regard to the recommended discipline. The Chief of Police shall render a timely written decision to the member and specify the grounds and reasons for discipline and the effective date of the discipline. Once the Chief of Police has issued a written decision, the discipline shall become effective. 1019.10.2 NOTICE OF FINAL DISPOSITION TO THE COMPLAINANT The Chief of Police or the authorized designee shall ensure that the complainant is notified of the disposition (i.e., sustained, not sustained, exonerated, unfounded) of the complaint (Penal Code § 832.7(e)). San Luis Obispo Police Department San Luis Obispo PD CA Policy Manual Personnel Complaints Copyright Lexipol, LLC 2019/01/24, All Rights Reserved. Published with permission by San Luis Obispo Police Department Personnel Complaints - 542 1019.10.3 NOTICE REQUIREMENTS The disposition of any civilian’s complaint shall be released to the complaining party within 30 days of the final disposition. This release shall not include what discipline, if any, was imposed (Penal Code § 832.7(e)). 1019.11 RESIGNATIONS/RETIREMENTS PRIOR TO DISCIPLINE In the event that a member tenders a written resignation or notice of retirement prior to the imposition of discipline, it shall be noted in the file. The tender of a resignation or retirement by itself shall not serve as grounds for the termination of any pending investigation or discipline. 1019.12 POST-DISCIPLINE APPEAL RIGHTS Non-probationary employees have the right to appeal a suspension without pay, punitive transfer, demotion, reduction in pay or step, or termination from employment. The employee has the right to appeal using the procedures established by any collective bargaining agreement, Memorandum of Understanding and/or personnel rules. In the event of punitive action against an employee covered by the POBR, the appeal process shall be in compliance with Government Code § 3304 and Government Code § 3304.5. During any administrative appeal, evidence that an officer has been placed on a Brady list or is otherwise subject to Brady restrictions may not be introduced unless the underlying allegations of misconduct have been independently established. Thereafter, such Brady evidence shall be limited to determining the appropriateness of the penalty (Government Code § 3305.5). 1019.13 PROBATIONARY EMPLOYEES AND OTHER MEMBERS At-will and probationary employees and those members other than non-probationary employees may be released from employment for non-disciplinary reasons (e.g., failure to meet standards) without adherence to the procedures set forth in this policy or any right to appeal. However, any probationary officer subjected to an investigation into allegations of misconduct shall be entitled to those procedural rights, as applicable, set forth in the POBR (Government Code § 3303; Government Code § 3304). At-will, probationary employees and those other than non-probationary employees subjected to discipline or termination as a result of allegations of misconduct shall not be deemed to have acquired a property interest in their position, but shall be given the opportunity to appear before the Chief of Police or authorized designee for a non-evidentiary hearing for the sole purpose of attempting to clear their name or liberty interest. There shall be no further opportunity for appeal beyond the liberty interest hearing and the decision of the Chief of Police shall be final. 1019.14 RETENTION OF PERSONNEL INVESTIGATION FILES All personnel complaints shall be maintained in accordance with the established records retention schedule and as described in the Personnel Records Policy. Policy 1021 San Luis Obispo Police Department San Luis Obispo PD CA Policy Manual Copyright Lexipol, LLC 2019/01/24, All Rights Reserved. Published with permission by San Luis Obispo Police Department Seat Belts - 543 Seat Belts 1021.1 PURPOSE AND SCOPE This policy establishes guidelines for the use of seat belts and child restraints. This policy will apply to all members operating or riding in department vehicles (Vehicle Code § 27315.5). 1021.1.1 DEFINITIONS Definitions related to this policy include: Child restraint system - An infant or child passenger restraint system that meets Federal Motor Vehicle Safety Standards (FMVSS) and Regulations set forth in 49 CFR 571.213. 1021.2 WEARING OF SAFETY RESTRAINTS All employees shall wear properly adjusted safety restraints when operating or riding in a seat equipped with restraints, in any vehicle owned, leased or rented by this department while on- or off-duty or in any privately owned vehicle while on-duty. The employee driving such a vehicle shall ensure that all other occupants, including non-employees, are also properly restrained. Exceptions to the requirement to wear safety restraints may be made only in exceptional situations where, due to unusual circumstances, wearing a seat belt would endanger the officer or the public. Employees must be prepared to justify any deviation from this requirement. Officers may remove the safety restraint device just prior to coming to a stop on a traffic stop or when arriving at a call for service in which a rapid exit from the vehicle may be necessary. 1021.3 TRANSPORTING SUSPECTS, PRISONERS OR ARRESTEES Suspects, prisoners and arrestees should be in a seated position and secured in the rear seat of any department vehicle with a prisoner restraint system or, when a prisoner restraint system is not available, by seat belts provided by the vehicle manufacturer. The prisoner restraint system is not intended to be a substitute for handcuffs or other appendage restraints. Prisoners in leg restraints shall be transported in accordance with the Handcuffing and Restraints Policy. 1021.4 INOPERABLE SEAT BELTS Department vehicles shall not be operated when the seat belt in the driver's position is inoperable. Persons shall not be transported in a seat in which the seat belt is inoperable. Department vehicle seat belts shall not be modified, removed, deactivated or altered in any way, except by the vehicle maintenance and repair staff, who shall do so only with the express authorization of the Chief of Police. Members who discover an inoperable restraint system shall report the defect to the appropriate supervisor. Prompt action will be taken to replace or repair the system. San Luis Obispo Police Department San Luis Obispo PD CA Policy Manual Seat Belts Copyright Lexipol, LLC 2019/01/24, All Rights Reserved. Published with permission by San Luis Obispo Police Department Seat Belts - 544 1021.5 POLICY It is the policy of the San Luis Obispo Police Department that members use safety and child restraint systems to reduce the possibility of death or injury in a motor vehicle collision. 1021.6 TRANSPORTING CHILDREN Children under the age of 8 shall be transported in compliance with California’s child restraint system requirements (Vehicle Code § 27360; Vehicle Code § 27363). Rear seat passengers in a cage-equipped vehicle may have reduced clearance, which requires careful seating and positioning of seat belts. Due to this reduced clearance, and if permitted by law, children and any child restraint system may be secured in the front seat of such vehicles provided this positioning meets federal safety standards and the vehicle and child restraint system manufacturer’s design and use recommendations. In the event that a child is transported in the front seat of a vehicle, the seat should be pushed back as far as possible and the passenger- side airbag should be deactivated. If this is not possible, members should arrange alternate transportation when feasible. A child shall not be transported in a rear-facing child restraint system in the front seat in a vehicle that is equipped with an active frontal passenger airbag (Vehicle Code § 27363). 1021.7 VEHICLES MANUFACTURED WITHOUT SEAT BELTS Vehicles manufactured and certified for use without seat belts or other restraint systems are subject to the manufacturer’s operator requirements for safe use. 1021.8 VEHICLE AIRBAGS In all vehicles equipped with airbag restraint systems, the system will not be tampered with or deactivated, except when transporting children as written elsewhere in this policy. All equipment installed in vehicles equipped with airbags will be installed as per the vehicle manufacturer specifications to avoid the danger of interfering with the effective deployment of the airbag device. Policy 1023 San Luis Obispo Police Department San Luis Obispo PD CA Policy Manual Copyright Lexipol, LLC 2019/01/24, All Rights Reserved. Published with permission by San Luis Obispo Police Department Body Armor - 545 Body Armor 1023.1 PURPOSE AND SCOPE The purpose of this policy is to provide law enforcement officers with guidelines for the proper use of body armor. 1023.2 POLICY It is the policy of the San Luis Obispo Police Department to maximize officer safety through the use of body armor in combination with prescribed safety procedures. While body armor provides a significant level of protection, it is not a substitute for the observance of officer safety procedures. 1023.3 ISSUANCE OF BODY ARMOR The Administration supervisor shall ensure that body armor is issued to all officers when the officer begins service at the San Luis Obispo Police Department. The body armor shall be serviceable. Employees may be issued serviceable body armor or authorized to wear serviceable body armor issued by their previous agency until replacement body armor is obtained. The Department shall maintain a body armor replacement schedule and ensure that replacement body armor is issued pursuant to the schedule or whenever the body armor becomes worn or damaged to the point that its effectiveness or functionality has been compromised. Newly purchased body armor shall meet or exceed the standards of the National Institute of Justice. 1023.3.1 USE OF SOFT BODY ARMOR Generally, the use of body armor is required subject to the following: (a)Officers shall only wear agency-approved body armor. (b)Officers shall wear body armor anytime they are in a situation where they could reasonably be expected to take enforcement action. (c)Officers may be excused from wearing body armor when they are functioning primarily in an administrative or support capacity and could not reasonably be expected to take enforcement action. (d)Body armor shall be worn when an officer is working in uniform or taking part in Department range training. (e)An officer may be excused from wearing body armor when he/she is involved in undercover or plainclothes work that his/her supervisor determines could be compromised by wearing body armor, or when a supervisor determines that other circumstances make it inappropriate to mandate wearing body armor. San Luis Obispo Police Department San Luis Obispo PD CA Policy Manual Body Armor Copyright Lexipol, LLC 2019/01/24, All Rights Reserved. Published with permission by San Luis Obispo Police Department Body Armor - 546 1023.3.2 INSPECTIONS OF BODY ARMOR Supervisors should ensure that body armor is worn and maintained in accordance with this policy through routine observation and periodic documented inspections. Annual inspections of body armor should be conducted by an authorized designee for fit, cleanliness, and signs of damage, abuse and wear. 1023.3.3 CARE AND MAINTENANCE OF SOFT BODY ARMOR Soft body armor should never be stored for any period of time in an area where environmental conditions (e.g., temperature, light, humidity) are not reasonably controlled (e.g., normal ambient room temperature/humidity conditions), such as in automobiles or automobile trunks. Soft body armor should be cared for and cleaned pursuant to the manufacturer's care instructions provided with the soft body armor. The instructions can be found on labels located on the external surface of each ballistic panel. The carrier should also have a label that contains care instructions. Failure to follow these instructions may damage the ballistic performance capabilities of the armor. If care instructions for the soft body armor cannot be located, contact the manufacturer to request care instructions. Soft body armor should not be exposed to any cleaning agents or methods not specifically recommended by the manufacturer, as noted on the armor panel label. Soft body armor should be replaced in accordance with the manufacturer's recommended replacement schedule. 1023.4 RANGEMASTER RESPONSIBILITIES The Rangemaster should: (a)Monitor technological advances in the body armor industry for any appropriate changes to Department approved body armor. (b)Assess weapons and ammunition currently in use and the suitability of approved body armor to protect against those threats. (c)Provide training that educates officers about the safety benefits of wearing body armor. Policy 1025 San Luis Obispo Police Department San Luis Obispo PD CA Policy Manual Copyright Lexipol, LLC 2019/01/24, All Rights Reserved. Published with permission by San Luis Obispo Police Department Personnel Records - 547 Personnel Records 1025.1 PURPOSE AND SCOPE This policy governs maintenance and access to personnel records. Personnel records include any file maintained under an individual member's name. 1025.2 POLICY It is the policy of this department to maintain personnel records and preserve the confidentiality of personnel records pursuant to the Constitution and the laws of California (Penal Code § 832.7). 1025.3 EMPLOYEE RECORD LOCATIONS Employee records will generally be maintained in any of the following: Department File - That file which is maintained in the office of the Chief of Police as a permanent record of a sworn officer's employment with this department. Division File - Any file which is separately maintained internally by an employee's supervisor(s) within an assigned bureau for the purpose of completing timely performance evaluations. Supervisor Log Entries - Any written comment, excluding actual performance evaluations, made by a supervisor concerning the conduct of an employee of this department. Training File - Any file which documents the training records of an employee. Internal Affairs Files - Those files that contain complaints of employee misconduct and all materials relating to the investigation into such allegations, regardless of disposition. Medical File - That file which is maintained separately that exclusively contains material relating to an employee’s medical history. 1025.4 CONFIDENTIALITY OF ALL PERSONNEL FILES Pursuant to Penal Code § 832.7, all of the above-defined personnel records shall be deemed confidential and shall not be subject to disclosure except pursuant to the discovery procedures set forth in Evidence Code § 1043, et seq. or in accordance with applicable federal discovery laws. Nothing in this section is intended to preclude review of personnel files by the City Manager, City Attorney or other attorneys or representatives of the City in connection with official business. All materials intended for this interim file shall be provided to the employee prior to being placed in the file in accordance with Government Code § 3305 and Government Code § 3306. 1025.5 TRAINING FILE An individual training file shall be maintained by the Training Manager for each member. Training files will contain records of all training; original or photocopies of available certificates, transcripts, diplomas and other documentation; and education and firearms qualifications. Training records San Luis Obispo Police Department San Luis Obispo PD CA Policy Manual Personnel Records Copyright Lexipol, LLC 2019/01/24, All Rights Reserved. Published with permission by San Luis Obispo Police Department Personnel Records - 548 may also be created and stored remotely, either manually or automatically (e.g., Daily Training Bulletin (DTB) records). (a)The involved member is responsible for providing the Training Manager or immediate supervisor with evidence of completed training/education in a timely manner. (b)The Training Manager or supervisor shall ensure that copies of such training records are placed in the member’s training file. 1025.5.1 RELEASE OF CONFIDENTIAL INFORMATION Except as provided by this policy or pursuant to lawful process, no information contained in any confidential peace officer personnel file shall be disclosed to any unauthorized person(s) without the express consent of the involved officer or written authorization of the Chief of Police or his or her designee. Any person who maliciously, and with the intent to obstruct justice or the due administration of the laws, publishes, disseminates, or otherwise discloses the residence address or telephone number of any member of this department may be guilty of a misdemeanor (Penal Code § 146e). Pursuant to Penal Code § 832.7(e), the disposition of any citizen's complaint shall be released to the complaining party within 30 days of the final disposition. This release shall be limited to the disposition and shall not include what discipline, if any was imposed. The Department may also release any factual information concerning a disciplinary investigation if the officer who is the subject of the investigation (or the officer's representative) publicly makes a statement which is published in the media and which the officer (or representative) knew to be false. The disclosure of such information, if any, shall be limited to facts that refute any such false statement (Penal Code § 832.7(d)). 1025.6 EMPLOYEE ACCESS TO OWN FILE Any employee may request access to his/her own personnel file(s) during the normal business hours of the individual(s) responsible for maintaining such file(s). Any employee seeking the removal of any item from his/her personnel file shall file a written request to the Chief of Police through the chain of command. The Department shall thereafter remove any such item if appropriate or within 30 days provide the employee with a written explanation why the contested item will not be removed (Government Code 3306.5). If the contested item is not removed from the file, the employee’s request and the department’s written response shall be retained with the contested item in the employee’s personnel file. Employees may be restricted from accessing files containing any of the following information: (a)Ongoing Internal affairs investigations to the extent that it could jeopardize or compromise the investigation pending final disposition or notice to the employee of the intent to discipline. (b)Confidential portions of Internal Affairs files which have not been sustained against the employee San Luis Obispo Police Department San Luis Obispo PD CA Policy Manual Personnel Records Copyright Lexipol, LLC 2019/01/24, All Rights Reserved. Published with permission by San Luis Obispo Police Department Personnel Records - 549 1025.7 TYPES OF PERSONNEL FILES Peace officer personnel files can be located in any of the following places: 1025.7.1 DEPARTMENT FILE The Department file should contain, but is not limited to, the following: (a)Performance evaluation reports regularly completed by appropriate supervisor and signed by the affected employee shall be permanently maintained. (b)Records of all training (original or photocopies of available certificates, transcripts, diplomas and other documentation) and education shall be maintained. 1.It shall be the responsibility of the involved employee to provide the Training Manager or immediate supervisor with evidence of completed training/education in a timely manner. 2.The Training Manager or supervisor shall ensure that copies of such training records are placed in the employee's department file. (c)Disciplinary action: 1.Disciplinary action resulting from sustained internally initiated complaints or observation of misconduct shall be maintained in the individual employee's department file at least two years (Government Code § 34090). 2.Disciplinary action resulting from a sustained citizen's complaint shall be maintained in the individual employee's department file at least five years (Penal Code § 832.5). 3.Investigations of complaints which result in a finding of not-sustained, unfounded or exonerated shall not be placed in the employee's department file, but will be separately maintained for the appropriate retention period in the internal affairs file. (d)Adverse comments such as supervisor log entries may be retained in the department file or division file after the employee has had the opportunity to read and initial the comment and for a period up to two years Government Code § 3305). 1.Once an employee has had an opportunity to read and initial any adverse comment prior to entry into a file, the employee shall be given the opportunity to respond in writing to such adverse comment within 30 days (Government Code § 3306). 2.Any such employee response shall be attached to and retained with the original adverse comment. 3.If an employee refuses to initial or sign an adverse comment, at least one supervisor should note the date and time of such refusal on the original comment. Such a refusal, however, shall not be deemed insubordination nor shall it prohibit the entry of the adverse comment into the employee's file. (e)Commendations shall be retained in the employee's department file, with a copy provided to the involved employee. San Luis Obispo Police Department San Luis Obispo PD CA Policy Manual Personnel Records Copyright Lexipol, LLC 2019/01/24, All Rights Reserved. Published with permission by San Luis Obispo Police Department Personnel Records - 550 (f)Personnel Action Reports reflecting assignments, promotions and other changes in the employee's employment status shall be permanently retained. (g)A photograph of the employee shall be permanently retained. 1025.7.2 DIVISION FILE The Division File should contain, but is not limited to, the following: (a)Supervisor log entries, notices to correct and other materials intended to serve as a foundation for the completion of timely Performance Evaluations 1.All materials intended for this interim file shall be provided to the employee prior to being placed in the file in accordance with Government Code §§ 3305 and 3306. 2.Duplicate copies of items that will also be included in the employee's department file may be placed in this interim file in anticipation of completing any upcoming performance evaluation. 3.Once the permanent performance evaluation form has been made final, the underlying foundational material(s) and/or duplicate copies may be purged in accordance with this policy. (b)All rules of confidentiality and disclosure shall apply equally to the division file. 1025.7.3 INTERNAL AFFAIRS FILE Internal affairs files shall be maintained under the office of the Chief of Police. Access to these files may only be authorized by the Chief of Police or a Bureau Captain. These files shall contain: (a)The complete investigation of all formal complaints of employee misconduct, regardless of disposition 1.Each investigation file shall be sequentially numbered within a calendar year (e.g., yy-001, yy-002). 2.Each investigation file arising out of a formal citizen's complaint or a complaint involving a discriminatory harassment or hostile work environment shall be maintained no less than five years (Penal Code § 832.5(b)). Investigation files arising out of other internally generated complaints shall be maintained no less than two years (Government Code § 34090). (b)Investigations that result in other than a sustained finding shall be maintained for the minimum statutory period but may not be used by the Department to adversely affect an employee's career (Penal Code § 832.5 (c)). 1025.7.4 TRAINING FILES An individual training file shall be maintained by the Training Unit for each employee. Training files will contain records of all training and education mandated by law or the Department, including firearms qualifications and mandated annual proficiency requalification. San Luis Obispo Police Department San Luis Obispo PD CA Policy Manual Personnel Records Copyright Lexipol, LLC 2019/01/24, All Rights Reserved. Published with permission by San Luis Obispo Police Department Personnel Records - 551 (a)It shall be the responsibility of the involved employee to provide the Training Manager or immediate supervisor with evidence of completed training/education in a timely manner. (b)The Training Manager or supervisor shall ensure that copies of such training records are placed in the employee’s training file. 1025.7.5 MEDICAL FILE A medical file shall be maintained separately from all other files and shall contain all documents relating to the employee’s medical condition and history, including but not limited to the following: (a)Materials relating to medical leaves of absence. (b)Documents relating to workers compensation claims or receipt of short or long term disability benefits. (c)Fitness for duty examinations, psychological and physical examinations, follow-up inquiries and related documents. (d)Medical release forms, doctor’s slips and attendance records which reveal an employee’s medical condition. (e)Any other documents or material which reveals the employee’s medical history or medical condition, including past, present, or future anticipated mental, psychological, or physical limitations. 1025.8 PURGING OF FILES Formal citizen complaints and all related files not pending litigation or other ongoing legal proceedings may be purged no sooner than five years from the underlying complaint date (Penal Code § 832.5). All other disciplinary files and investigations of non-citizen initiated complaints not pending litigation or other ongoing legal proceedings may be purged no sooner than two years from the underlying complaint date (Government Code § 34090; Government Code § 26202). (a)Each supervisor responsible for completing the employee's performance evaluation shall also determine whether any prior sustained disciplinary file should be retained beyond the statutory period for reasons other than pending litigation or other ongoing legal proceedings. (b)If a supervisor determines that records of prior discipline should be retained beyond the applicable statutory period, approval for such retention shall be obtained through the chain of command from the Chief of Police. (c)During the preparation of each employee’s performance evaluation, all complaints and discipline should be reviewed to determine the relevancy, if any, to progressive discipline, training and career development. If, in the opinion of the Chief of Police, a complaint or disciplinary action beyond the statutory retention period is no longer relevant, all records of such matter may be destroyed pursuant to resolution. San Luis Obispo Police Department San Luis Obispo PD CA Policy Manual Personnel Records Copyright Lexipol, LLC 2019/01/24, All Rights Reserved. Published with permission by San Luis Obispo Police Department Personnel Records - 552 Personnel records should be maintained in a secured location and locked either in a cabinet or access-controlled room. Personnel records maintained in an electronic format should have adequate password protection. Personnel records are subject to disclosure only as provided in this policy, the Records Maintenance and Release Policy or according to applicable discovery procedures. Nothing in this policy is intended to preclude review of personnel records by the City Manager, City Attorney or other attorneys or representatives of the City in connection with official business 1025.8.1 REQUESTS FOR DISCLOSURE Any member receiving a request for a personnel record shall promptly notify the Custodian of Records or other person charged with the maintenance of such records. Upon receipt of any such request, the responsible person shall notify the affected member as soon as practicable that such a request has been made (Evidence Code § 1043). The responsible person shall further ensure that an appropriate response to the request is made in a timely manner, consistent with applicable law. In many cases, this may require assistance of available legal counsel. All requests for disclosure that result in access to a member’s personnel records shall be logged in the corresponding file. 1025.8.2 RELEASE OF PERSONNEL INFORMATION Personnel records are confidential and shall not be disclosed except as allowed by law. Nothing in this section is intended to preclude review of personnel files by the City Manager, City Attorney, or other attorneys or representatives of the City in connection with official business (Penal Code § 832.7; Evidence Code § 1043) (See also Records Maintenance and Release Policy). Any person who maliciously, and with the intent to obstruct justice or the due administration of the laws, publishes, disseminates, or otherwise discloses the residence address or telephone number of any member of this department may be guilty of a misdemeanor (Penal Code § 146e). The Department may release any factual information concerning a disciplinary investigation if the member who is the subject of the investigation (or the member's representative) publicly makes a statement that is published in the media and that the member (or representative) knows to be false. The disclosure of such information, if any, shall be limited to facts that refute any such false statement (Penal Code § 832.7). 1025.9 MEMBER ACCESS TO HIS/HER OWN PERSONNEL RECORDS Any member may request access to his/her own personnel records during the normal business hours of those responsible for maintaining such files. Any member seeking the removal of any item from his/her personnel records shall file a written request to the Chief of Police through the chain of command. The Department shall remove any such item if appropriate, or within 30 days provide the member with a written explanation of why the contested item will not be removed. If the contested item is not removed from the file, the member’s request and the written response San Luis Obispo Police Department San Luis Obispo PD CA Policy Manual Personnel Records Copyright Lexipol, LLC 2019/01/24, All Rights Reserved. Published with permission by San Luis Obispo Police Department Personnel Records - 553 from the Department shall be retained with the contested item in the member’s corresponding personnel record (Government Code § 3306.5). Members may be restricted from accessing files containing any of the following information: (a)An ongoing internal affairs investigation to the extent that it could jeopardize or compromise the investigation pending final disposition or notice to the member of the intent to discipline. (b)Confidential portions of internal affairs files that have not been sustained against the member. (c)Criminal investigations involving the member. (d)Letters of reference concerning employment/appointment, licensing or issuance of permits regarding the member. (e)Any portion of a test document, except the cumulative total test score for either a section of the test document or for the entire test document. (f)Materials used by the Department for staff management planning, including judgments or recommendations concerning future salary increases and other wage treatments, management bonus plans, promotions and job assignments or other comments or ratings used for department planning purposes. (g)Information of a personal nature about a person other than the member if disclosure of the information would constitute a clearly unwarranted invasion of the other person's privacy. (h)Records relevant to any other pending claim between the Department and the member that may be discovered in a judicial proceeding. 1025.10 RETENTION AND PURGING Unless provided otherwise in this policy, personnel records shall be maintained in accordance with the established records retention schedule. (a)During the preparation of each member’s performance evaluation, all personnel complaints and disciplinary actions should be reviewed to determine the relevancy, if any, to progressive discipline, training and career development. Each supervisor responsible for completing the member's performance evaluation should determine whether any prior sustained disciplinary file should be retained beyond the required period for reasons other than pending litigation or other ongoing legal proceedings. (b)If a supervisor determines that records of prior discipline should be retained beyond the required period, approval for such retention should be obtained through the chain of command from the Chief of Police. (c)If, in the opinion of the Chief of Police, a personnel complaint or disciplinary action maintained beyond the required retention period is no longer relevant, all records of such matter may be destroyed in accordance with the established records retention schedule. Policy 1027 San Luis Obispo Police Department San Luis Obispo PD CA Policy Manual Copyright Lexipol, LLC 2019/01/24, All Rights Reserved. Published with permission by San Luis Obispo Police Department Special Assignment Selection - 554 Special Assignment Selection 1027.1 PURPOSE AND SCOPE This policy outlines the process for selection of interested and qualified employees for designated temporary assignments in the various functional units of the Department, and reaffirms the position that special assignments are for predetermined periods of time and are regularly scheduled to ensure that sufficiently trained and experienced personnel are available to accomplish the goals, objectives, and priorities of the Department and the City. The purpose of the policy is to: Establish a process for selecting employees to fill special assignment positions that are periodically rotated; Establish a Special Assignment Agreement, and; Establish an Administrative Appeal process after reassignment for purposes of discipline. 1027.2 QUALIFICATION CRITERIA A notice of an open special assignment position that includes individual task and performance criteria will be established and posted by the Training Manager in consultation with the Commander of the Bureau that has an opening in a special assignment position. The notice of an open position will include the following qualifications: (a)In accordance with the agreement between the SLOPOA and the City, performance evaluations of "meets standards" or better for the year preceding by the person requesting a special assignment position. (b)Effective on the date the special assignment is scheduled to begin, either 24 months as a police officer with the Department acronym: or 12 months as a police officer with Department acronym: and 24 months of recognized law enforcement experience with another agency as a full time sworn officer. FTO applicants shall have at least 12 months of Patrol experience, per P.O.S.T. requirements. (c)Limited staffing considerations and the nature of special assignments require that members be present and that sick leave absences be kept to a minimum. (d)Demonstrated ability to work independently is required by the very nature of the special assignment. Evidence of this trait will be assessed by a review of the employee's productivity and performance standards contained in evaluations prepared by supervisors during the previous three year period. (e)Demonstrated ability to effectively relate to the public in critical interpersonal relationships is a desired quality for employees interested in special assignments. Internal affairs records and citizen complaints will be reviewed and evaluated carefully and a history of sustained dispositions may result in disqualification from this process. (f)Police officers will not be eligible for appointment to the same special assignment position previously held within a two year period after concluding such an assignment. San Luis Obispo Police Department San Luis Obispo PD CA Policy Manual Special Assignment Selection Copyright Lexipol, LLC 2019/01/24, All Rights Reserved. Published with permission by San Luis Obispo Police Department Special Assignment Selection - 555 (g)Officers who do not meet the minimum requirements of section 1027.2(b) may apply, however, they will not be allowed to test for the position if two or more qualified, non- probationary employees have applied. (h)Employees who have made application for special assignment selection shall provide in writing 14 days notice to the Bureau Commander in the event they have elected to withdraw their application. Failure to provide such notice with good cause may be used by the department in future considerations for special assignment selections. 1027.3 PROCEDURE (a)When a vacancy is announced for a special assignment, interested and eligible employees will submit a memorandum through the Chain of Command to the designee of the Bureau Commander responsible for the unit wherein the opening exists. (b)The Commander or their designee will review all requests for consideration to ensure that each employee meets the basic qualifications outlined in policy section1027.2. (c)All applicants accepted for consideration will then participate in the following process: 1.An oral board evaluation will be conducted. The oral board panel may include a staff member, a department member with previous or current experience in or familiarity with the assignment under consideration, or other approved member of the department. The oral board panel may also include a law enforcement professional from outside the department. All participants shall be grouped into the following categories: Superior, Strong, Satisfactory, Would Not Recommend. Depending upon the assignment, a basic skills demonstration may also be part of the interview (i.e.: basic range qualification course for position as a Rangemaster). Such requirement will be listed in the announcement for the special assignment opening in advance of the testing. 2.In the event only one applicant applies for the vacant position, that candidate shall receive a non-competitive qualification interview by the Bureau Commander or their designee and the immediate supervisor responsible for the vacant position. The employee shall receive a qualified or not qualified rating. 3.Those participants who have been rated by the oral board as Superior, Strong, Satisfactory, or those employees rated qualified as the result of a non-competitive qualification interview shall be placed on a list. This list will be forwarded to the appropriate Bureau Commander. 4.The Bureau Commander shall present the list at a staff meeting for review and input. The staff input shall then be forwarded to the Chief of Police for final selection. The Chief of Police may select any participant from this list with an oral board rating of Satisfactory or above. San Luis Obispo Police Department San Luis Obispo PD CA Policy Manual Special Assignment Selection Copyright Lexipol, LLC 2019/01/24, All Rights Reserved. Published with permission by San Luis Obispo Police Department Special Assignment Selection - 556 5.The list shall extend 60 days from the date of the first special assignment appointment. The date of the first special assignment appointment shall be the date the selected participant is scheduled to begin the special assignment. (d)For purposes of career development, the Bureau Commander or his designee will provide in written form positive suggestions for improvement to any participant requesting same. (e)This procedure shall be followed for each designated assignment whenever a position vacancy occurs. Lists for designated assignments will not be established. 1027.4 ASSIGNMENTS AND LENGTH OF ASSIGNMENTS (a)The following lateral assignments only shall be covered by this policy: 1.Investigator - four year assignment 2.Field Training Officer - three year assignment 3.Traffic Safety Officer - three year assignment 4.Crime Scene Investigator - three year assignment 5.Range Master - four year assignment (opt out with full MPO credit allowed after two years at employee's request) 6.S.E.T. - three year assignment 7.School Resource Officer -three year assignment 8.Downtown Officer - three year assignment (opt out with full MPO credit allowed after two years at employee's request) 9.Swat Team Operator** - three year assignment** Non-mandatory rotational position 10.Bomb Technician** - three year assignment** Non-mandatory rotational position 11.Defensive Tactics Instructor** - three year assignment** Non-mandatory rotational position 12.Crisis Team Negotiator** - three year assignment** Non-mandatory rotational position 13.Community Action Team - three year assignment (opt out with full MPO credit allowed after two years at employee's request) (b)The lengths of assignments shall be computed from the date of appointment; however, the Department may reduce or extend any individual in any assignment for a reasonable period of time to meet special departmental needs as a result of such things as shift rotations, training requirements, or short term needs to fill vacancies San Luis Obispo Police Department San Luis Obispo PD CA Policy Manual Special Assignment Selection Copyright Lexipol, LLC 2019/01/24, All Rights Reserved. Published with permission by San Luis Obispo Police Department Special Assignment Selection - 557 with qualified personnel. In an instance where an approved assignment is less than two years as a result of the above, the officer involved shall still be considered to have served two years for purposes of the Master Police Officer Program. However, if an officer is transferred prior to the end of his assignment for failure to meet standards and requirements, the assignment shall not qualify under the Master Police Officer Program. 1027.5 ADMINISTRATIVE APPEAL AFTER DISCIPLINARY REASSIGNMENT (a)Within 15 calendar days after notice of reassignment (by Special Order) an employee contesting reassignment must file a Notice of Appeal with the City Manager setting forth fully all of the reasons the officer feels the reassignment was unjustified or otherwise improper. (b)Within 15 calendar days after the Notice of Appeal is filed with the City Manager, the City Manager or his/her designee shall hold a hearing on the appeal. (c)At the outset, the City Manager must determine whether the action taken was disciplinary or was done for disciplinary reasons. The employee filing the appeal shall have the burden of proving that the action taken was disciplinary or was done for disciplinary reasons. If so determined, the hearing shall terminate and the matter shall proceed in accordance with the procedures set forth in SLO Municipal Code section 2.36 et seq. Both sides may present any relative evidence. (d)If the City Manager determines that the action taken was not disciplinary or taken for disciplinary reasons, he/she shall conduct a hearing to determine if the reassignment was in accordance with Department or City policy. Both sides may present relevant evidence. The Department shall have the burden of proving that the reassignment was in accordance with Department or City policy. If the City Manager so decides, he/she shall uphold the reassignment. The City Manager's decision shall be final. There shall be no appeal through the City Council. (e)If the City Manager decides that the reassignment was not in accordance with Department or City policy, he/she shall declare the reassignment null and void. The City Manager's decision shall be final. There shall be no appeal through the City Council. Policy 1029 San Luis Obispo Police Department San Luis Obispo PD CA Policy Manual Copyright Lexipol, LLC 2019/01/24, All Rights Reserved. Published with permission by San Luis Obispo Police Department Commendations and Awards - 558 Commendations and Awards 1029.1 PURPOSE AND SCOPE This policy provides general guidelines for recognizing commendable or meritorious acts of members of the San Luis Obispo Police Department and individuals from the community. 1029.2 POLICY It is the policy of the San Luis Obispo Police Department to recognize and acknowledge exceptional individual or group achievements, performance, proficiency, heroism and service of its members and individuals from the community through commendations and awards. 1029.3 COMMENDATIONS Commendations for members of the Department or for individuals from the community may be initiated by any department member or by any person from the community. 1029.4 CRITERIA A meritorious or commendable act may include, but is not limited to: •Superior handling of a difficult situation. •Conspicuous bravery or outstanding performance. •Any action or performance that is above and beyond typical duties. 1029.4.1 DEPARTMENT MEMBER DOCUMENTATION Members of the Department should document meritorious or commendable acts. The documentation should contain: (a)Identifying information: 1.For members of the Department - name, bureau and assignment at the date and time of the meritorious or commendable act 2.For individuals from the community - name, address, telephone number (b)A brief account of the meritorious or commendable act with report numbers, as appropriate. (c)The signature of the member submitting the documentation. 1029.4.2 COMMUNITY MEMBER DOCUMENTATION Documentation of a meritorious or commendable act submitted by a person from the community should be accepted in any form. However, written documentation is preferred. Department members accepting the documentation should attempt to obtain detailed information regarding the matter, including: (a)Identifying information: San Luis Obispo Police Department San Luis Obispo PD CA Policy Manual Commendations and Awards Copyright Lexipol, LLC 2019/01/24, All Rights Reserved. Published with permission by San Luis Obispo Police Department Commendations and Awards - 559 1.For members of the Department - name, bureau and assignment at the date and time of the meritorious or commendable act 2.For individuals from the community - name, address, telephone number (b)A brief account of the meritorious or commendable act with report numbers, as appropriate. (c)The signature of the person submitting the documentation. 1029.4.3 PROCESSING DOCUMENTATION Documentation regarding the meritorious or commendable act of a member of the Department should be forwarded to the appropriate Bureau Commander for his/her review. The Bureau Commander should sign and forward the documentation to the Chief of Police for his/her review. The Chief of Police or the authorized designee will present the commendation to the department member for his/her signature. The documentation will then be returned to the Administration secretary for entry into the member’s personnel file. Documentation regarding the meritorious or commendable act of an individual from the community should be forwarded to the Administration Bureau Commander. The documentation will be signed by the Bureau Commander and forwarded to the Chief of Police for his/her review. An appropriate venue or ceremony to acknowledge the individual’s actions should be arranged. Documentation of the commendation shall be maintained in a file designated for such records. 1029.5 AWARDS Awards may be bestowed upon members of the Department and individuals from the community. These awards include: •Award of Merit. •Award of Valor. •Lifesaving Award. •Meritorious Conduct. Criteria for each award and the selection, presentation and display of any award are determined by the Chief of Police. Policy 1030 San Luis Obispo Police Department San Luis Obispo PD CA Policy Manual Copyright Lexipol, LLC 2019/01/24, All Rights Reserved. Published with permission by San Luis Obispo Police Department Department Awards - 560 Department Awards 1030.1 PURPOSE AND SCOPE The Department routinely expects a high level of professional conduct from all of its members. When members perform their duties in a manner exceeding those highest expectations and standards, it is appropriate for the Department to officially commend and reasonably publicize that performance. In such a manner public recognition is given to members who have brought honor to himself or herself or the Department. The Department also seeks to recognize citizens of the community whose actions have contributed to the apprehension of criminals or who have demonstrated selfless behavior in emergency or critical situations. 1030.2 RECOMMENDATIONS Recommendations for awards should be forwarded in memorandum form to the member's immediate supervisor within ninety (90) days of the incident, generally. Any member may recommend another member for award recognition. Members must have knowledge of or witness and act in concert with the established award criteria when submitting a recommendation. Recommendations shall include: (a)Name of the recommended member. (b)Specific behavior or performance for which the member is recommended. (c)Specific dates and times of the behavior or performance. (d)The specific award for which the member is recommended. (e)Any relevant reports and supporting documentation. 1030.3 SUPERVISOR RESPONSIBILITIES Supervisors who receive a recommendation for an award shall: (a)Conduct any appropriate investigation into the incident verifying the factual accuracy of the initial recommendation memorandum. (b)Verify that the recommendation narrative satisfies the requirements of the specific award criteria. (c)Forward the results of their investigation, their independent recommendation, and any supporting documentation to the appropriate Division Commander. The Division Commander who receives award recommendation documentation shall forward the recommendation and documentation to the Awards Committee. 1030.4 AWARDS COMMITTEE The Chief of Police will appoint an Awards Committee consisting of, at a minimum, one (1) supervisor, one (1) officer, and one (1) civilian member. The members of San Luis Obispo Police Department San Luis Obispo PD CA Policy Manual Department Awards Copyright Lexipol, LLC 2019/01/24, All Rights Reserved. Published with permission by San Luis Obispo Police Department Department Awards - 561 the Awards Committee will serve for a period of two calendar years from January through December. During the two-year appointment to the Awards Committee, the Chief of Police retains the authority to remove any member of the Awards Committee at his/her discretion. If a member of the Awards Committee leaves the Department, the Chief of Police will appoint a new Awards Committee member. This Committee will also provide Police Department recommendations to the City Employee Recognition Committee. The supervisor will serve as Chairperson of the Awards Committee. 1030.4.1 DUTIES OF THE AWARDS COMMITTEE The Awards Committee shall: (a)Review and evaluate each recommendation on the submitted documentation. (b)Consider recommendations for awards as soon as reasonably possibly after receipt. (c)Ensure that all recommendations for awards are entered into the member's personnel file. (d)Investigate the circumstances of the recommendation and collect facts regarding the member for whom the recommendation for the award was submitted. (e)Evaluate all the written documentation submitted with the recommendation. (f)Be empowered to summon members and any documentation related to the recommendation reasonably necessary to determine the member's eligibility for the award. (g)Ensure the names of those recommeded for awards, and the category of the award for which they were recommended, are available to the community and the members of the Department through available Department resources. 1030.4.2 RECOMMENDATIONS OF THE AWARDS COMMITTEE The Awards Committee will deliberate the facts in a closed session and render a decision on each recommendation for an award by a majority vote. The decision will be submitted in a written documentation to the Chief of Police for discussion and ratification. The Awards Committee may recommend to the Chief of Police that: (a)The facts as presented do not warrant further action. (b)Some justification for recognition does exist, but that such recognition should be for a lesser award than that initially recommended. (c)The circumstances surrounding the incident met the definition and prerequisites of the award that was initially recommended and the award should be granted. (d)The circumstances surrounding the incident met the definition and prerequisites for a higher award than was initially recommended and the higher award should be granted. 1030.5 ACTIONS OF THE CHIEF OF POLICE The Chief of Police shall: San Luis Obispo Police Department San Luis Obispo PD CA Policy Manual Department Awards Copyright Lexipol, LLC 2019/01/24, All Rights Reserved. Published with permission by San Luis Obispo Police Department Department Awards - 562 (a)Be involved in mediating any extenuating circumstances or disputes that arise during the review by the Awards Committee. (b)Make the final decision on all awards after receiving the recommendation of the Awards Committee, including upgrading or downgrading the award at his/her discretion. (c)Notify the member regarding his/her decision as soon as reasonably possible. 1030.6 METHOD OF PRESENTING AWARDS The Chief of Police or his/her designee shall establish a procedure for the formal presentation of awards and shall present all awards, preferably in the presence of the City Manager and/or Mayor, at any ceremony he/she considers appropriate. Members should receive the appropriate award symbol (certificate, medal, ribbon, etc) for the an award within thirty (30) days of the final decision by the Chief of Police. 1030.7 CLASSIFICATION OF AWARDS The conferring of an award of bravery shall be in recognition of a single action performed by a Department member. Several commendatory incidents of bravery, each being worthy of an award, will not qualify the member for a higher award. Medal of Valor The Medal of Valor is the highest award the Department may bestow upon a member. The Medal of Valor is awarded to recognize an act of extraordinary heroism performed on or off duty which is above and beyond the normal call of duty where extreme courage was displayed when confronted with the immediate peril of great bodily injury to oneself or others. The Medal of Valor will only be awarded to a sworn Public Safety employee (or family, if awarded posthumously). The award consists of a medal, ribbon, and certificate. Medal of Honor The Medal of Honor is awarded for exceptional or outstanding performance, exhibiting a high degree of courage and/or competency, initiative, and professionalism during a life-threatening situation, which may result in the apprehension of a dangerous felon or the potential saving of one or more human lives under unusual conditions not meeting the criteria for the Medal of Valor. The Medal of Honor may be awarded to any Public Safety employee (or family member, if awarded posthumously). The award consists of a medal, ribbon, and certificate. Distinguished Service The Distiguished Service award is awarded for service that is exemplary in nature and demonstrates a high degree of proficiency. The Distiguished Service Award may be awarded to any Public Safety employee. San Luis Obispo Police Department San Luis Obispo PD CA Policy Manual Department Awards Copyright Lexipol, LLC 2019/01/24, All Rights Reserved. Published with permission by San Luis Obispo Police Department Department Awards - 563 The award consists of a plaque and a certificate. The Career Achievement award honors significant contributions to Public Safety over the course of a truly exemplary and remarkable career serving San Luis Obispo. The award consists of a plaque and a certificate. Mary Winter Award This award was created in honor of a former Police Department employee who exemplified excellent service and dedication to our profession. Mary Winter was a Parking Enforcement Officer from 1977 to 1989. During her tenure, Mary served our community with the highest degree of professionalism, integrity, and thoughtfulness. Mary's life was tragically cut short in 1989 when she succumber to breast cancer. The award is presented to the individual who most reflects Mary Winter's values of public service, integrity, respect, and enthusiasm. The award consists of a plaque and a certificate. Chief's Citation The Chief's Citation is awarded to citizens for actions contributing to the public's safety. This can be awarded at the Chief's discretion but can be presented as a recommendation through the Awards Committee. This may involve the Chief's Roundtable in making determinations regarding this award. The award consists of a plaque and certificate. Lifesaving Award The Lifesaving Award recognizes employees who take swift action to successfully save a life or make a heroic attempt to save a life, regardless of outcome. The award consists of a medal, a ribbon, and a certificate. Distinguished Unit Service Citation The Distinguished Unit Service Citation recognizes the significant achievement(s) of a work group. The award consists of a medal, a ribbon, and a certificate. Marksmanship Medals Marksmanship Medals recognize employees who demonstrate high levels of proficiency at the range. The recognizes levels of marksmanship include "Marksman," "Sharpshooter," "Expert," and "Distiguished Expert." The requirements for each level of marksmanship is calculated by and awarded by the Range Staff. The award consists of a medal. Event Ribbons San Luis Obispo Police Department San Luis Obispo PD CA Policy Manual Department Awards Copyright Lexipol, LLC 2019/01/24, All Rights Reserved. Published with permission by San Luis Obispo Police Department Department Awards - 564 Event Ribbons will be determined and authorized by the Chief of Police for any event which significantly impacted the organization and/or its personnel, i.e.; natural disaster response, civil unrest, or other large scale critical incident. The award consists of a ribbon. Policy 1031 San Luis Obispo Police Department San Luis Obispo PD CA Policy Manual Copyright Lexipol, LLC 2019/01/24, All Rights Reserved. Published with permission by San Luis Obispo Police Department Fitness for Duty - 565 Fitness for Duty 1031.1 PURPOSE AND SCOPE All officers are required to be free from any physical, emotional, or mental condition which might adversely affect the exercise of peace officer powers. The purpose of this policy is to ensure that all officers of this department remain fit for duty and able to perform their job functions (Government Code § 1031). 1031.2 EMPLOYEE RESPONSIBILITIES (a)It shall be the responsibility of each member of this department to maintain good physical condition sufficient to safely and properly perform essential duties of their position. (b)Each member of this department shall perform his/her respective duties without physical, emotional, and/or mental constraints. (c)During working hours, all employees are required to be alert, attentive, and capable of performing his/her assigned responsibilities. (d)Any employee who feels unable to perform his/her duties shall promptly notify a supervisor. In the event that an employee believes that another employee is unable to perform his/her duties, such observations and/or belief shall be promptly reported to a supervisor. 1031.3 SUPERVISOR RESPONSIBILITIES (a)A supervisor observing an employee, or receiving a report of an employee who is perceived to be, unable to safely perform his/her duties due to a physical or mental condition shall take prompt and appropriate action in an effort to resolve the situation. (b)Whenever feasible, the supervisor should attempt to ascertain the reason or source of the problem and in all cases a preliminary evaluation should be made in an effort to determine the level of inability of the employee to perform his/her duties. (c)In the event the employee appears to be in need of immediate medical or psychiatric treatment, all reasonable efforts should be made to provide such care. (d)In conjunction with the Watch Commander or employee’s available Bureau Commander, a determination should be made whether or not the employee should be temporarily relieved from his/her duties. (e)The Chief of Police shall be promptly notified in the event that any employee is relieved from duty. San Luis Obispo Police Department San Luis Obispo PD CA Policy Manual Fitness for Duty Copyright Lexipol, LLC 2019/01/24, All Rights Reserved. Published with permission by San Luis Obispo Police Department Fitness for Duty - 566 1031.4 NON-WORK RELATED CONDITIONS Any employee suffering from a non-work related condition which warrants a temporary relief from duty may be required to use sick leave or other paid time off (PTO) in order to obtain medical treatment or other reasonable rest period. 1031.5 WORK RELATED CONDITIONS Any employee suffering from a work related condition which warrants a temporary relief from duty shall be required to comply with personnel rules and guidelines for processing such claims. Upon the recommendation of the Watch Commander or unit supervisor and concurrence of a Bureau Captain, any employee whose actions or use of force in an official capacity result in death or serious injury to another may be temporarily removed from regularly assigned duties and/or placed on paid administrative leave for the wellbeing of the employee and until such time as the following may be completed: (a)A preliminary determination that the employee's conduct appears to be in compliance with policy and, if appropriate; (b)The employee has had the opportunity to receive necessary counseling and/or psychological clearance to return to full duty. 1031.6 PHYSICAL AND PSYCHOLOGICAL EXAMINATIONS (a)Whenever circumstances reasonably indicate that an employee is unfit for duty, the Chief of Police may serve that employee with a written order to undergo a physical and/ or psychological examination in cooperation with Department of Human Resources to determine the level of the employee’s fitness for duty. The order shall indicate the date, time and place for the examination. (b)The examining physician or therapist will provide the Department with a report indicating that the employee is either fit for duty or, if not, listing any functional limitations which limit the employee's ability to perform job duties. If the employee places his/her condition at issue in any subsequent or related administrative action/ grievance, the examining physician or therapist may be required to disclose any and all information which is relevant to such proceeding (Civil Code § 56.10(c)(8)). (c)In order to facilitate the examination of any employee, the Department will provide all appropriate documents and available information to assist in the evaluation and/ or treatment. (d)All reports and evaluations submitted by the treating physician or therapist shall be part of the employee’s confidential personnel file. (e)Any employee ordered to receive a fitness for duty examination shall comply with the terms of the order and cooperate fully with the examining physician or therapist regarding any clinical interview, tests administered or other procedures as directed. San Luis Obispo Police Department San Luis Obispo PD CA Policy Manual Fitness for Duty Copyright Lexipol, LLC 2019/01/24, All Rights Reserved. Published with permission by San Luis Obispo Police Department Fitness for Duty - 567 Any failure to comply with such an order and any failure to cooperate with the examining physician or therapist may be deemed insubordination and shall be subject to discipline up to and including termination. (f)Once an employee has been deemed fit for duty by the examining physician or therapist, the employee will be notified to resume his/her duties. 1031.7 LIMITATION ON HOURS WORKED Absent emergency operations members should not work more than: •16 hours in one day (24 hour) period or •30 hours in any 2 day (48 hour) period or •84 hours in any 7 day (168 hour) period Except in very limited circumstances members should have a minimum of 8 hours off between shifts. Supervisors should give consideration to reasonable rest periods and are authorized to deny overtime or relieve to off-duty status any member who has exceeded the above guidelines. Limitations on the number of hours worked apply to shift changes, shift trades, rotation, holdover, training, general overtime and any other work assignments. 1031.8 APPEALS An employee who is separated from paid employment or receives a reduction in salary resulting from a fitness for duty examination shall be entitled to an administrative appeal as outlined in the Personnel Complaints Policy. Policy 1033 San Luis Obispo Police Department San Luis Obispo PD CA Policy Manual Copyright Lexipol, LLC 2019/01/24, All Rights Reserved. Published with permission by San Luis Obispo Police Department Meal Periods and Breaks - 568 Meal Periods and Breaks 1033.1 PURPOSE AND SCOPE This policy regarding meals and breaks, insofar as possible shall conform to the policy governing all City employees that has been established by the City Manager. 1033.1.1 MEAL PERIODS All breaks shall be taken in accordance with the current MOU. Policy 1034 San Luis Obispo Police Department San Luis Obispo PD CA Policy Manual Copyright Lexipol, LLC 2019/01/24, All Rights Reserved. Published with permission by San Luis Obispo Police Department Lactation Break Policy - 569 Lactation Break Policy 1034.1 PURPOSE AND SCOPE The purpose of this policy is to provide reasonable accommodations to employees desiring to express breast milk for the employee's infant child (29 USC § 207 and Labor Code §§ 1030-1032). 1034.2 POLICY It is the policy of this department to provide, in compliance with the Fair Labor Standards Act, reasonable break time and appropriate facilities to accommodate any employee desiring to express breast milk for her nursing infant child (29 USC § 207 and Labor Code § 1030). 1034.3 LACTATION BREAK TIME A rest period should be permitted each time the employee has the need to express breast milk (29 USC § 207). In general, lactation breaks that cumulatively total 30 minutes or less during any four- hour work period or major portion of a four-hour work period would be considered reasonable. However, individual circumstances may require more or less time. Such breaks, if feasible, should be taken at the same time as the employee's regularly scheduled rest or meal periods. While a reasonable effort will be made to provide additional time beyond authorized breaks, any such time exceeding regularly scheduled and paid break time will be unpaid (Labor Code § 1030). Employees desiring to take a lactation break shall notify the Communications Center or a supervisor prior to taking such a break. Such breaks may be reasonably delayed if they would seriously disrupt department operations (Labor Code § 1032). Once a lactation break has been approved, the break should not be interrupted except for emergency or exigent circumstances. 1034.4 PRIVATE LOCATION The Department will make reasonable efforts to accommodate employees with the use of an appropriate room or other location to express milk in private. Such room or place should be in close proximity to the employee's work area and shall be other than a bathroom or toilet stall. The location must be shielded from view and free from intrusion from co-workers and the public (29 USC § 207 and Labor Code § 1031). Employees occupying such private areas shall either secure the door or otherwise make it clear to others that the area is occupied with a need for privacy. All other employees should avoid interrupting an employee during an authorized break, except to announce an emergency or other urgent circumstance. Authorized lactation breaks for employees assigned to the field may be taken at the nearest appropriate private area. San Luis Obispo Police Department San Luis Obispo PD CA Policy Manual Lactation Break Policy Copyright Lexipol, LLC 2019/01/24, All Rights Reserved. Published with permission by San Luis Obispo Police Department Lactation Break Policy - 570 1034.5 STORAGE OF EXPRESSED MILK Any employee storing expressed milk in any authorized refrigerated area within the Department shall clearly label it as such and shall remove it when the employee ends her shift. Policy 1035 San Luis Obispo Police Department San Luis Obispo PD CA Policy Manual Copyright Lexipol, LLC 2019/01/24, All Rights Reserved. Published with permission by San Luis Obispo Police Department Sleep Room Use - 571 Sleep Room Use 1035.1 PURPOSE AND SCOPE The purpose of this policy is to establish procedures and responsibilities for individuals using the Police Department on site Sleep Room which is available to all employees of the Police Department. The Police Department has provided a location designated for off-duty Department personnel to sleep or rest following extended working hours, a court appearance or other work-related activities making it difficult for personnel to return to their home to sleep. This program will assist employees to better utilize their professional and personal time, mutually benefiting the employee and the Department by providing employees the ability to receive adequate rest prior to resuming their duties. These rooms are not designed for long term stays and shall only be used as directed in this policy. 1035.2 SLEEP ROOM There is one Sleep Room established for sleeping in the department. Employees of different gender shall not use the Sleep Room at the same time. Personnel who wish to utilize the area designated for sleeping shall adhere to the following procedure: (a)Obtain the on-duty Watch Commander's authorization and advise the Communications Bureau. (b)Sign in on the Sleep Room Log. (c)Sign in on the white board attached to the Sleep Room door and gain access with the provided Sleep Room key. (d)Utilize any available bed in the Sleep Room. (e)Bedding shall be placed on a bed prior to using it for rest or sleeping. Employees may utilize the supplied bedding or use a personal sleeping bag and pillow in place of the bedding. Department provided bedding is located in the closet next to the Sleep Rooms. Bedding shall consist of: 1.Fitted sheet 2.Flat sheet 3.Blanket and 4.Pillow case (f)When finished using the Sleep Room, it shall be the responsibility of the employee to remove all used bedding. Employees who have used Department bedding shall San Luis Obispo Police Department San Luis Obispo PD CA Policy Manual Sleep Room Use Copyright Lexipol, LLC 2019/01/24, All Rights Reserved. Published with permission by San Luis Obispo Police Department Sleep Room Use - 572 remove the bedding and place it in a laundry bag (located in the closet next to the Sleep Rooms) and then place the laundry bag in the jail laundry for cleaning. All personal items shall be removed from the Sleep Rooms prior to exiting. The employee shall erase his/her name from the white board. (g)Leave the facility in the same or better condition as found. (h)Advise the Communications Bureau immediately upon leaving the Sleep Room and complete the Sleep Room log. (i)Report any repair or maintenance issue to the Department's Administrative Analyst. 1035.2.1 SLEEP ROOM LOG The Sleep Room Log shall be maintained in the Watch Commander's Office. The Watch Commander shall ensure the log is completed appropriately when personnel are authorized to use the Sleep Room and when personnel leave the Sleep Room. 1035.3 REGULATIONS (a)Personnel shall remain modestly clothed while using the Sleep Rooms. (b)Department personnel without authorization shall not enter the Sleep Room to visit or communicate with authorized personnel using the rooms. (c)The Sleep Room is a City facility and as such, all City and Police Department rules apply. Personnel shall be particularly courteous of others using the Sleep Rooms. (d)The use of alcohol shall not be permitted in the Sleep Rooms or adjacent areas. (e)Smoking shall not be permitted within the Sleep Rooms or adjacent areas. (f)No food shall be taken into the Sleep Rooms. (g)Alarm clocks are provided and personnel using the Sleep Rooms shall be responsible for their own wake-up time. (h)The storage of clothing, bedding, or other personal items shall not be permitted in the Sleep Rooms beyond the duration of its immediate use. (i)The Sleep Rooms shall not be used by anyone other than Department personnel without the permission of the Chief of Police. (j)Personnel using the Sleep Rooms should ensure that all utilities have been turned off and doors secured upon leaving. 1035.4 WATCH COMMANDER'S RESPONSIBILITY The on-duty Watch Commander is responsible for periodic inspections of the Sleep Rooms to ensure proper maintenance and cleanliness. Policy 1038 San Luis Obispo Police Department San Luis Obispo PD CA Policy Manual Copyright Lexipol, LLC 2019/01/24, All Rights Reserved. Published with permission by San Luis Obispo Police Department Payroll Record Procedures - 573 Payroll Record Procedures 1038.1 PURPOSE AND SCOPE Payroll records are submitted to Administration on a bi-weekly basis for the payment of wages. 1038.1.1 RESPONSIBILITY FOR COMPLETION OF PAYROLL RECORDS Employees are responsible for the accurate and timely submission of payroll records for the payment of wages. 1038.1.2 TIME REQUIREMENTS All employees are paid on a bi-weekly basis usually on Friday with certain exceptions such as holidays. Payroll records shall be completed and submitted to Administration no later than 8:00 a.m. on the Wednesday morning before the end of the pay period, unless specified otherwise. Policy 1038 San Luis Obispo Police Department San Luis Obispo PD CA Policy Manual Copyright Lexipol, LLC 2019/01/24, All Rights Reserved. Published with permission by San Luis Obispo Police Department Outside Employment - 574 Outside Employment 1038.1 PURPOSE AND SCOPE In order to avoid actual or perceived conflicts of interest for departmental employees engaging in outside employment, all employees shall obtain written approval from the Chief of Police prior to engaging in any outside employment. Approval of outside employment shall be at the discretion of the Chief of Police in accordance with the provisions of this policy. 1038.1.1 DEFINITIONS Outside Employment - Any member of this department who receives wages, compensation or other consideration of value from another employer, organization or individual not affiliated directly with this department for services, product(s) or benefits rendered. For purposes of this section, the definition of outside employment includes those employees who are self-employed and not affiliated directly with this department for services, product(s) or benefits rendered. Outside Overtime - Any member of this department who performs duties or services on behalf of an outside organization, company, or individual within this jurisdiction. Such outside overtime shall be requested and scheduled directly through this department so that the Department may be reimbursed for the cost of wages and benefits. 1038.2 OBTAINING APPROVAL No member of this department may engage in any outside employment without first obtaining prior written approval of the Chief of Police. Failure to obtain prior written approval for outside employment or engaging in outside employment prohibited by this policy may lead to disciplinary action. In order to obtain approval for outside employment, the employee must complete an Outside Employment Application which shall be submitted to the employee's immediate supervisor. The application will then be forwarded through the chain of command to the Chief of Police for consideration. If approved, the employee will be provided with a copy of the approved permit. Unless otherwise indicated in writing on the approved permit, a permit will be valid through the end of the calendar year in which the permit is approved. Any employee seeking to renew a permit shall submit a new Outside Employment Application in a timely manner. Any employee seeking approval of outside employment, whose request has been denied, shall be provided with a written reason for the denial of the application at the time of the denial (Penal Code § 70(e)(3)). 1038.2.1 APPEAL OF DENIAL OF OUTSIDE EMPLOYMENT If an employee’s Outside Employment Application is denied or withdrawn by the Department, the employee may file a written notice of appeal to the Chief of Police within ten days of the date of denial. San Luis Obispo Police Department San Luis Obispo PD CA Policy Manual Outside Employment Copyright Lexipol, LLC 2019/01/24, All Rights Reserved. Published with permission by San Luis Obispo Police Department Outside Employment - 575 If the employee’s appeal is denied, the employee may file a grievance pursuant to the procedure set forth in the current Memorandum of Understanding (MOU). 1038.2.2 REVOCATION/SUSPENSION OF OUTSIDE EMPLOYMENT PERMITS Any outside employment permit may be revoked or suspended under the following circumstances: (a)Should an employee's performance at this department decline to a point where it is evaluated by a supervisor as needing improvement to reach an overall level of competency, the Chief of Police may, at his or her discretion, revoke any previously approved outside employment permit(s). That revocation will stand until the employee's performance has been reestablished at a satisfactory level and his/her supervisor recommends reinstatement of the outside employment permit (b)Suspension or revocation of a previously approved outside employment permit may be included as a term or condition of sustained discipline (c)If, at any time during the term of a valid outside employment permit, an employee’s conduct or outside employment conflicts with the provisions of department policy, the permit may be suspended or revoked (d)When an employee is unable to perform at a full duty capacity due to an injury or other condition, any previously approved outside employment permit may be subject to similar restrictions as those applicable to the employee's full time duties until the employee has returned to a full duty status 1038.3 PROHIBITED OUTSIDE EMPLOYMENT Consistent with the provisions of Government Code § 1126, the Department expressly reserves the right to deny any Outside Employment Application submitted by an employee seeking to engage in any activity which: (a)Involves the employee’s use of departmental time, facilities, equipment or supplies, the use of the Department badge, uniform, prestige or influence for private gain or advantage (b)Involves the employee’s receipt or acceptance of any money or other consideration from anyone other than this department for the performance of an act which the employee, if not performing such act, would be required or expected to render in the regular course or hours of employment or as a part of the employee’s duties as a member of this department (c)Involves the performance of an act in other than the employee’s capacity as a member of this department that may later be subject directly or indirectly to the control, inspection, review, audit or enforcement of any other employee of this department (d)Involves time demands that would render performance of the employee’s duties for this department less efficient San Luis Obispo Police Department San Luis Obispo PD CA Policy Manual Outside Employment Copyright Lexipol, LLC 2019/01/24, All Rights Reserved. Published with permission by San Luis Obispo Police Department Outside Employment - 576 1038.3.1 OUTSIDE SECURITY AND PEACE OFFICER EMPLOYMENT Consistent with the provisions of Penal Code § 70, and because it would further create a potential conflict of interest, no member of this department may engage in any outside or secondary employment as a private security guard, private investigator or other similar private security position. Any private organization, entity or individual seeking special services for security or traffic control from members of this department must submit a written request to the Chief of Police in advance of the desired service. Such outside extra duty overtime assignments will be assigned, monitored and paid through the Department. (a)The applicant will be required to enter into an indemnification agreement prior to approval. (b)The applicant will further be required to provide for the compensation and full benefits of all employees requested for such outside security services. (c)Should such a request be approved, any employee working outside overtime shall be subject to the following conditions: 1.The officer(s) shall wear the departmental uniform/identification. 2.The officer(s) shall be subject to the rules and regulations of this department. 3.No officer may engage in such outside employment during or at the site of a strike, lockout, picket, or other physical demonstration of a labor dispute. 4.Compensation for such approved outside security services shall be pursuant to normal overtime procedures. 5.Outside security services shall not be subject to the collective bargaining process. 6.No officer may engage in outside employment as a peace officer for any other public agency without prior written authorization of the Chief of Police. 1038.3.2 OUTSIDE OVERTIME ARREST AND REPORTING PROCEDURE Any employee making an arrest or taking other official police action while working in an approved outside overtime assignment shall be required to complete all related reports in a timely manner pursuant to department policy. Time spent on the completion of such reports shall be considered incidental to the outside overtime assignment. 1038.3.3 SPECIAL RESTRICTIONS Except for emergency situations or with prior authorization from the Division Commander, undercover officers or officers assigned to covert operations shall not be eligible to work overtime or other assignments in a uniformed or other capacity which might reasonably disclose the officer's law enforcement status. San Luis Obispo Police Department San Luis Obispo PD CA Policy Manual Outside Employment Copyright Lexipol, LLC 2019/01/24, All Rights Reserved. Published with permission by San Luis Obispo Police Department Outside Employment - 577 1038.4 DEPARTMENT RESOURCES Employees are prohibited from using any department equipment or resources in the course of or for the benefit of any outside employment. This shall include the prohibition of access to official records or databases of this department or other agencies through the use of the employee’s position with this department. 1038.4.1 REVIEW OF FINANCIAL RECORDS Employees approved for outside employment expressly agree that their personal financial records may be requested and reviewed/audited for potential conflict of interest (Government Code § 3308; Government Code § 1126). Prior to providing written approval for an outside employment position, the Department may request that an employee provide his/her personal financial records for review/audit in order to determine whether a conflict of interest exists. Failure of the employee to provide the requested personal financial records could result in denial of the off-duty work permit. If, after approving a request for an outside employment position, the Department becomes concerned that a conflict of interest exists based on a financial reason, the Department may request that the employee provide his/her personal financial records for review/audit. If the employee elects not to provide the requested records, his/her off-duty work permit may be revoked pursuant to the Revocation/Suspension of Outside Employment Permits section of this policy. 1038.5 CHANGES IN OUTSIDE EMPLOYMENT STATUS If an employee terminates his or her outside employment during the period of a valid permit, the employee shall promptly submit written notification of such termination to the Chief of Police through chain of command. Any subsequent request for renewal or continued outside employment must thereafter be processed and approved through normal procedures set forth in this policy. Employees shall also promptly submit in writing to the Chief of Police any material changes in outside employment including any change in the number of hours, type of duties, or demands of any approved outside employment. Employees who are uncertain whether a change in outside employment is material are advised to report the change. 1038.6 OUTSIDE EMPLOYMENT WHILE ON DISABILITY Department members engaged in outside employment who are placed on disability leave or modified/light-duty shall inform their immediate supervisor in writing within five days whether or not they intend to continue to engage in such outside employment while on such leave or light- duty status. The immediate supervisor shall review the duties of the outside employment along with any related doctor’s orders, and make a recommendation to the Chief of Police whether such outside employment should continue. In the event the Chief of Police determines that the outside employment should be discontinued or if the employee fails to promptly notify his/her supervisor of his/her intentions regarding their work permit, a notice of revocation of the member's permit will be forwarded to the involved employee, and a copy attached to the original work permit. Criteria for revoking the outside employment permit include, but are not limited to, the following: San Luis Obispo Police Department San Luis Obispo PD CA Policy Manual Outside Employment Copyright Lexipol, LLC 2019/01/24, All Rights Reserved. Published with permission by San Luis Obispo Police Department Outside Employment - 578 (a)The outside employment is medically detrimental to the total recovery of the disabled member, as indicated by the City's professional medical advisors. (b)The outside employment performed requires the same or similar physical ability, as would be required of an on-duty member. (c)The employee’s failure to make timely notice of their intentions to their supervisor. When the disabled member returns to full duty with the San Luis Obispo Police Department, a request (in writing) may be made to the Chief of Police to restore the permit. Policy 1040 San Luis Obispo Police Department San Luis Obispo PD CA Policy Manual Copyright Lexipol, LLC 2019/01/24, All Rights Reserved. Published with permission by San Luis Obispo Police Department Occupational Disease and Work-Related Injury Reporting - 579 Occupational Disease and Work-Related Injury Reporting 1040.1 PURPOSE AND SCOPE The purpose of this policy is to provide guidance regarding the timely reporting of occupational diseases, psychiatric injuries and work-related injuries. 1040.1.1 DEFINITIONS Definitions related to this policy include: Occupational disease or work-related injury - An injury, disease or psychiatric injury arising out of employment (Labor Code § 3208; Labor Code § 3208.3; Labor Code § 3212 et seq.). 1040.2 POLICY The San Luis Obispo Police Department will address occupational diseases and work-related injuries appropriately, and will comply with applicable state workers’ compensation requirements (Labor Code § 3200 et seq.). 1040.2.1 INJURIES REQUIRING MEDICAL CARE All work related injuries and work related illnesses requiring medical care must be reported to the Risk Management Office and a claim form shall be provided to the injured employee within 24 hours from the time the injury was discovered, excluding weekends and holidays, or as soon as practicable. 1040.2.2 ACCIDENT DEFINED Accident - is defined as any occurrence from which bodily injury or property damage may result, regardless of whether any injury or damage actually does occur (e.g., exposure where no immediate injury is apparent). 1040.2.3 EMPLOYEE'S RESPONSIBILITY Any employee sustaining any work-related injury or illness, as well as any employee who is involved in any accident while on duty shall report such injury, illness or accident as soon as practical to his/her supervisor. Any employee observing or learning of a potentially hazardous condition shall promptly report the condition to his/her immediate supervisor. Any employee sustaining a work-related injury or illness that requires relief from duty shall be examined/treated by a doctor. Any employee sustaining a work-related injury or illness that requires relief from duty is also required to comply with departmental policies and directives and shall notify the Department of any change in condition or anticipated duration of the absence. San Luis Obispo Police Department San Luis Obispo PD CA Policy Manual Occupational Disease and Work-Related Injury Reporting Copyright Lexipol, LLC 2019/01/24, All Rights Reserved. Published with permission by San Luis Obispo Police Department Occupational Disease and Work-Related Injury Reporting - 580 When appropriate, an employee being treated for an on-duty injury should inform the attending physician that a modified duty assignment may be available at the Department. Limited-service duty may be available for the employees whose injuries prevent resumption of regular duties. An injured employee or employee who has suffered a work-related illness shall report as soon as practical to his/her immediate supervisor the medical findings concerning the injury and the extent and duration of any work restrictions if they are known. In addition, such employees are required to promptly submit all medical releases, whether partial or full releases, to their supervisor. 1040.2.4 SUPERVISOR'S RESPONSIBILITY A supervisor learning of any work-related injury, illness or accident shall promptly prepare the appropriate forms as outlined under Policy Manual § 1042.2. Updated copies of forms with instructions for completion provided by Risk Management are kept in the Watch Commander's and Field Supervisors' office. For work-related accidents, injuries or illness not requiring professional medical care, a Supervisor's Report of Injury form shall be completed in triplicate. All copies of the completed form shall be forwarded to the Administrative Captain, through the chain of command. When an accident, injury, or illness is reported initially on the Supervisor's Report of Injury form and the employee subsequently requires professional medical care, the State of California Employer's Report of Occupational Injury or Illness form shall then be completed. The injured employee shall also sign the form in the appropriate location. Every injured employee must be provided with an Employee's Claim for Workers' Compensation Benefits Form (DWC-1) within 24 hours, regardless of the nature of illness or injury. Copies of any reports documenting the accident or injury shall be forwarded to the Bureau Captain as soon as they are completed. 1040.2.5 BUREAU CAPTAIN RESPONSIBILITY The Administrative Captain receiving a report of a work-related accident or injury shall review the report for accuracy and determine what additional action should be taken. The report shall then be forwarded to the Human Resource Department. 1040.2.6 CHIEF OF POLICE RESPONSIBILITY The Chief of Police shall review and forward copies of the report to the Department of Human Resources. Any copies of the report and any related documents retained by the Department shall be filed in the employee's confidential medical file and not in the employee's personnel file (see Policy Manual § 1026). 1040.3 OTHER DISEASE OR INJURY Diseases and injuries caused or occurring on-duty that do not qualify for workers’ compensation reporting shall be documented on the designated report of injury form, which shall be signed by a supervisor. A copy of the completed form shall be forwarded to the appropriate Bureau San Luis Obispo Police Department San Luis Obispo PD CA Policy Manual Occupational Disease and Work-Related Injury Reporting Copyright Lexipol, LLC 2019/01/24, All Rights Reserved. Published with permission by San Luis Obispo Police Department Occupational Disease and Work-Related Injury Reporting - 581 Commander through the chain of command and a copy sent to the Administration Bureau Commander. Unless the injury is extremely minor, this report shall be signed by the affected member, indicating that he/she desired no medical attention at the time of the report. By signing, the member does not preclude his/her ability to later seek medical attention. 1040.3.1 EMPLOYEE TO REPORT INITIAL CONTACTS When an employee sustains work-related injuries caused by another person and is then approached by such person or an agent, insurance company, or attorney and offered a settlement of claims, that employee shall take no action other than to make a written report of this contact to his/her supervisor as soon as possible. 1040.3.2 NO SETTLEMENT WITHOUT PRIOR APPROVAL No less than ten (10) days prior to accepting and finalizing the settlement of any third party claim arising out of or related to an on duty injury, the employee shall provide the Chief of Police with written notice of the proposed terms of such settlement. In no case shall the employee accept a settlement without first providing such written notice to the Chief of Police. The purpose of such notice to permit the City to determine whether or not the offered settlement will affect any claim the City may have regarding payment for damage(s) to equipment or reimbursement for wages against the person who caused the accident or injury and to protect the City's right of subrogation, while ensuring that the employee's rights to receive compensation for injuries are not affected. 1040.4 SETTLEMENT OFFERS When a member sustains an occupational disease or work-related injury that is caused by another person and is subsequently contacted by that person, his/her agent, insurance company or attorney and offered a settlement, the member shall take no action other than to submit a written report of this contact to his/her supervisor as soon as possible. Policy 1042 San Luis Obispo Police Department San Luis Obispo PD CA Policy Manual Copyright Lexipol, LLC 2019/01/24, All Rights Reserved. Published with permission by San Luis Obispo Police Department Personal Appearance Standards - 582 Personal Appearance Standards 1042.1 PURPOSE AND SCOPE In order to project uniformity and neutrality toward the public and other members of the department, employees shall maintain their personal hygiene and appearance to project a professional image appropriate for this department and for their assignment. 1042.2 GROOMING STANDARDS Unless otherwise stated and because deviations from these standards could present officer safety issues, the following appearance standards shall apply to designated employees, except those whose current assignment would deem them not appropriate, and where the Chief of Police has granted exception. 1042.2.1 HAIR Hairstyles of all employees shall be neat in appearance. For male uniformed employees deployed in the field, hair must not extend below the top edge of the uniform collar while assuming a normal stance. For female uniformed employees deployed in the field, hair must be no longer than the horizontal level of the bottom of the uniform patch when the employee is standing erect, worn up or in a tightly wrapped braid or ponytail. 1042.2.2 MUSTACHES A short and neatly trimmed mustache may be worn. Mustaches shall not extend more than 1/4" below the corners of the mouth or beyond the natural hairline of the upper lip. 1042.2.3 SIDEBURNS Sideburns shall not extend below the bottom of the outer ear opening (the top of the earlobes) and shall be trimmed and neat. Wide flare or mutton chop style sideburns are not permissible. 1042.2.4 FACIAL HAIR During the months of November and December, sworn and non-sworn personnel are permitted to wear beards that are maintained at a length and pattern so as not to detract from the officer’s professional appearance. Beards shall be neat, trimmed and maintained at all times. Sworn personnel in uniform shall not exceed a beard length of three -eights of an inch. Beards must be trimmed above and below, and shall not be permitted below the Adam’s apple or on the neck. Beards shall not be worn with a Class A uniform. All sworn employees must maintain facial hair that allows the proper fit and function of personal protective equipment including department issued gas masks. Goatee and goatee variants are not to be worn at any time. Sworn personnel working in undercover or plain clothes assignments, or specialized assignments requiring facial hair not otherwise authorized by this policy, shall be exempt from these restrictions. San Luis Obispo Police Department San Luis Obispo PD CA Policy Manual Personal Appearance Standards Copyright Lexipol, LLC 2019/01/24, All Rights Reserved. Published with permission by San Luis Obispo Police Department Personal Appearance Standards - 583 1042.2.5 FINGERNAILS Fingernails extending beyond the tip of the finger can pose a safety hazard to uniformed employees deployed in the field or others. For this reason, fingernails shall be trimmed so that no point of the nail extends beyond the tip of the finger. 1042.2.6 JEWELRY AND ACCESSORIES No jewelry or personal ornaments shall be worn by uniformed employees deployed in the field on any part of the uniform or equipment, except those authorized within this manual. Jewelry, if worn around the neck, shall not be visible above the shirt collar. Earrings worn by female uniformed employees deployed in the field shall be limited to one earring in each ear. The earrings shall be limited to small, stud earrings that do not depict a figure or symbol. Only one ring may be worn on each hand of uniformed employees deployed in the field while on-duty. 1042.3 TATTOOS While on-duty or representing the department in any official capacity, sworn and uniform employees shall conceal all tattoos or other body art. At no time while on-duty or representing the Department in any official capacity, shall any tattoo or body art be visible. Sworn and uniform employees are allowed to conceal tattoos which are seen when wearing short sleeve uniform shirt by wearing skin tone hosiery. While on-duty or representing the department in any official capacity, sworn employees working a plainclothes assignment (SET) or through approval from their direct Supervisor shall conceal only any offensive tattoo or body art. Examples of Offensive Tattoos would include, but not be limited to, those which depict racial, sexual, discriminatory, gang-related, or obscene language. 1042.4 BODY PIERCING OR ALTERATION Body piercing or alteration to any area of the body visible in any authorized uniform or attire that is a deviation from normal anatomical features and which is not medically required is prohibited. Such body alteration includes, but is not limited to: (a)Tongue splitting or piercing. (b)The complete or transdermal implantation of any material other than hair replacement. (c)Abnormal shaping of the ears, eyes, nose or teeth (d)Branding or scarification. Policy 1044 San Luis Obispo Police Department San Luis Obispo PD CA Policy Manual Copyright Lexipol, LLC 2019/01/24, All Rights Reserved. Published with permission by San Luis Obispo Police Department Uniform Regulations - 584 Uniform Regulations 1044.1 PURPOSE AND SCOPE The uniform policy of the San Luis Obispo Police Department is established to ensure that uniformed officers will be readily identifiable to the public through the proper use and wearing of department uniforms. Employees should also refer to the following associated policies: Department Owned and Personal Property Body Armor Personal Appearance Standards The Uniform and Equipment Specifications manual is maintained and periodically updated by the Chief of Police or his/her designee. That manual should be consulted regarding authorized equipment and uniform specifications. The San Luis Obispo Police Department will provide uniforms for all employees required to wear them in the manner, quantity and frequency agreed upon in the respective employee group’s collective bargaining agreement. 1044.2 WEARING AND CONDITION OF UNIFORM AND EQUIPMENT Police employees wear the uniform to be identified as the law enforcement authority in society. The uniform also serves an equally important purpose to identify the wearer as a source of assistance in an emergency, crisis or other time of need. (a)Uniform and equipment shall be maintained in a serviceable condition and shall be ready at all times for immediate use. Uniforms shall be neat, clean, and appear professionally pressed. (b)All peace officers of this department shall possess and maintain at all times, a serviceable uniform and the necessary equipment to perform uniformed field duty. (c)Personnel shall wear only the uniform specified for their rank and assignment. (d)The uniform is to be worn in compliance with the specifications set forth in the department’s uniform specifications that are maintained separately from this policy. (e)All supervisors will perform periodic inspections of their personnel to ensure conformance to these regulations. (f)Civilian attire shall not be worn in combination with any distinguishable part of the uniform. (g)Uniforms are only to be worn while on duty, while in transit to or from work, for court, or at other official department functions or events. (h)If the uniform is worn while in transit, an outer garment shall be worn over the uniform shirt so as not to bring attention to the employee while he/she is off-duty. San Luis Obispo Police Department San Luis Obispo PD CA Policy Manual Uniform Regulations Copyright Lexipol, LLC 2019/01/24, All Rights Reserved. Published with permission by San Luis Obispo Police Department Uniform Regulations - 585 (i)Employees are not to purchase or drink alcoholic beverages while wearing any part of the department uniform, including the uniform pants. (j)Mirrored sunglasses will not be worn with any Department uniform. (k)Visible jewelry, other than those items listed below, shall not be worn with the uniform unless specifically authorized by the Chief of Police or the authorized designee. 1.Wrist watch 2.Wedding ring(s), class ring, or other ring of tasteful design. A maximum of one ring/set may be worn on each hand 3.Medical alert bracelet 1044.2.1 DEPARTMENT ISSUED IDENTIFICATION The Department issues each employee an official department identification card bearing the employee’s name, identifying information and photo likeness. All employees shall be in possession of their department issued identification card at all times while on duty or when carrying a concealed weapon. (a)Whenever on duty or acting in an official capacity representing the department, employees shall display their department issued identification in a courteous manner to any person upon request and as soon as practical. (b)Officers working specialized assignments may be excused from the possession and display requirements when directed by their Bureau Commander. 1044.3 UNIFORM CLASSES 1044.3.1 CLASS A UNIFORM The Class A uniform is to be worn on special occasions such as funerals, graduations, ceremonies, or as directed. The Class A uniform is required for all sworn personnel. The Class A uniform includes the standard issue uniform with: (a)Long sleeve shirt, conforming to the following standard 1.100% wool, Jaguar or flying cross styles, LAPD spec. 2.Wash and wear permanent press consisting of 65% Dacron polyester and 35% rayon, LAPD spec 3.55% wool and 45% polyester blend. LAPD spec. No 100% polyester uniforms shall be worn. All uniforms shall be maintained in good repair, neat and clean at all times. Shoulder patches shall be neatly pressed. Shirts may be either long-or short-sleeved unless otherwise directed. No undergarment shall extend beyond the end of the shirt sleeve. No short-sleeved shirt may be worn with a tie. San Luis Obispo Police Department San Luis Obispo PD CA Policy Manual Uniform Regulations Copyright Lexipol, LLC 2019/01/24, All Rights Reserved. Published with permission by San Luis Obispo Police Department Uniform Regulations - 586 (b)Tie (c)Polished shoes (d)Hat (e)Supervisors may wear an Ike jacket with proper insignia. Boots with pointed toes are not permitted. 1044.3.2 CLASS B UNIFORM All officers will possess and maintain a serviceable Class B uniform at all times. The Class B uniform will consist of the same garments and equipment as the Class A uniform with the following exceptions: (a)The long or short sleeve shirt may be worn with the collar open. No tie is required 1.Poly/wool or Poly/cotton blends, 511 or similar approved style Class B only. (b)A white, navy blue or black crew neck t-shirt must be worn with the uniform (c)All shirt buttons must remain buttoned except for the last button at the neck (d)Shoes for the Class B uniform may be as described in the Class A uniform (e)Approved all black shoes may be worn (f)Boots with pointed toes are not permitted 1044.3.3 CLASS C UNIFORM The Class C uniform may be established to allow field personnel cooler clothing during the summer months or special duty. The Chief of Police will establish the regulations and conditions for wearing the Class C Uniform and the specifications for the Class C Uniform. 1044.3.4 SPECIALIZED UNIT UNIFORMS The Chief of Police may authorize special uniforms to be worn by officers in specialized units such as Canine Team, SWAT, Bicycle Patrol, Motor Officers and other specialized assignments. 1044.3.5 FOUL WEATHER GEAR The Uniform and Equipment Specifications lists the authorized uniform jacket and rain gear. 1044.4 INSIGNIA AND PATCHES (a)Shoulder Patches - The authorized shoulder patch supplied by the Department shall be machine stitched to the sleeves of all uniform shirts and jackets, three-quarters of an inch below the shoulder seam of the shirt and be bisected by the crease in the sleeve. San Luis Obispo Police Department San Luis Obispo PD CA Policy Manual Uniform Regulations Copyright Lexipol, LLC 2019/01/24, All Rights Reserved. Published with permission by San Luis Obispo Police Department Uniform Regulations - 587 (b)Service stars - Service stars and other indicators for length of service may be worn on long sleeved shirts and jackets. They are to be machine stitched onto the uniform. The bottom of the service star shall be sewn the width of one and one-half inches above the cuff seam with the rear of the service stars sewn on the dress of the sleeve. The stars are to be worn on the left sleeve only. (c)The regulation nameplate, or an authorized sewn on cloth nameplate, shall be worn at all times while in uniform. The nameplate shall display the employee's first initial and last name. If the employee desires other than the legal first name, the employee must receive approval from the Chief of Police. The nameplate shall be worn and placed above the right pocket located in the middle, bisected by the pressed shirt seam, with equal distance from both sides of the nameplate to the outer edge of the pocket. (d)When a jacket is worn, the nameplate or an authorized sewn on cloth nameplate shall be affixed to the jacket in the same manner as the uniform. (e)Assignment Insignias - Assignment insignias, (SWAT, FTO, etc.) may be worn as designated by the Chief of Police. (f)Flag Pin - A flag pin may be worn, centered above the nameplate. (g)Badge - The department issued badge, or an authorized sewn on cloth replica, must be worn and visible at all times while in uniform. (h)Rank Insignia - The designated insignia indicating the employee's rank must be worn at all times while in uniform. The Chief of Police may authorize exceptions. 1044.4.1 MOURNING BADGE Uniformed employees shall wear a black mourning band across the uniform badge whenever a law enforcement officer is killed in the line of duty. The following mourning periods will be observed: (a)An officer of this department - From the time of death until midnight on the 14th day after the death. (b)An officer from this or an adjacent county - From the time of death until midnight on the day of the funeral. (c)Funeral attendee - While attending the funeral of an out of region fallen officer. (d)National Peace Officers Memorial Day (May 15th) - From 0001 hours until 2359 hours. (e)As directed by the Chief of Police. 1044.5 CIVILIAN ATTIRE There are assignments within the Department that do not require the wearing of a uniform because recognition and authority are not essential to their function. There are also assignments in which the wearing of civilian attire is necessary. San Luis Obispo Police Department San Luis Obispo PD CA Policy Manual Uniform Regulations Copyright Lexipol, LLC 2019/01/24, All Rights Reserved. Published with permission by San Luis Obispo Police Department Uniform Regulations - 588 (a)All employees shall wear clothing that fits properly, is clean and free of stains, and not damaged or excessively worn. (b)All male administrative, investigative and support personnel who elect to wear civilian clothing to work shall wear button style shirts with a collar, slacks or suits that are moderate in style. (c)All female administrative, investigative, and support personnel who elect to wear civilian clothes to work shall wear dresses, slacks, shirts, blouses, or suits which are moderate in style. (d)The following items shall not be worn on duty: 1.T-shirt alone 2.Open toed sandals or thongs 3.Swimsuit, tube tops, or halter-tops 4.Spandex type pants or see-through clothing 5.Distasteful printed slogans, buttons or pins (e)Variations from this order are allowed at the discretion of the Chief of Police or designee when the employee's assignment or current task is not conducive to the wearing of such clothing. (f)No item of civilian attire may be worn on duty that would adversely affect the reputation of the San Luis Obispo Police Department or the morale of the employees. 1044.6 COMMUNICATIONS TECHNICIANS UNIFORMS The civilian employees that staff the Emergency Communications Center do not require the daily wearing of a Class A or Class B uniform because recognition and authority are not essential to their function. There are, however, times when a Communications Technician (referred to as “Dispatcher” from here forward) needs to appear in public and therefore will possess and maintain a serviceable Class B uniform at all times. If the Dispatcher chooses, the Class B uniform can be worn at any time while on duty. While not mandatory, a Dispatcher may maintain a Class A uniform for occasions such as funerals, graduations, ceremonies, or as directed. A Class A hat will not be required. 1044.6.1 Class A Uniform (a)Long sleeve LAPD light blue uniform shirt. (b)Black uniform pants. (c)Polished, closed toe black shoes. (d)Optional: Ike jacket 1044.6.2 Class B Uniform San Luis Obispo Police Department San Luis Obispo PD CA Policy Manual Uniform Regulations Copyright Lexipol, LLC 2019/01/24, All Rights Reserved. Published with permission by San Luis Obispo Police Department Uniform Regulations - 589 (a)Long or short sleeve LAPD light blue uniform shirt. (b)All black slacks, not jeans. (c)All black closed toe shoes. (d)Optional: black sweater or jacket. 1044.6.2 Polo Uniform (a)Polo type shirt (a)Solid color, short, 3/4 or long sleeveS (b)SLOPD Communications embroidered badge insignia. (b)Black pants – no embellishments. (c)Black, closed toe shoes. (d)Optional: mono-colored dark sweater or jacket (small brand logo allowed). 1044.7 POLITICAL ACTIVITIES, ENDORSEMENTS, AND ADVERTISEMENTS Unless specifically authorized by the Chief of Police, San Luis Obispo Police Department employees may not wear any part of the uniform, be photographed wearing any part of the uniform, utilize a department badge, patch or other official insignia, or cause to be posted, published, or displayed, the image of another employee, or identify himself/herself as an employee of the San Luis Obispo Police Department to do any of the following (Government Code §§ 3206 and 3302): (a)Endorse, support, oppose, or contradict any political campaign or initiative. (b)Endorse, support, oppose, or contradict any social issue, cause, or religion. (c)Endorse, support, or oppose, any product, service, company or other commercial entity. (d)Appear in any commercial, social, or non-profit publication, or any motion picture, film, video, public broadcast, or any website. 1044.8 OPTIONAL EQUIPMENT - MAINTENANCE, AND REPLACEMENT (a)Any of the items listed in the Uniform and Equipment Specifications as optional shall be purchased totally at the expense of the employee. No part of the purchase cost shall be offset by the Department for the cost of providing the Department issued item. (b)Maintenance of optional items shall be the financial responsibility of the purchasing employee. For example, repairs due to normal wear and tear. (c)Replacement of items listed in this order as optional shall be done as follows: 1.When the item is no longer functional because of normal wear and tear, the employee bears the full cost of replacement. San Luis Obispo Police Department San Luis Obispo PD CA Policy Manual Uniform Regulations Copyright Lexipol, LLC 2019/01/24, All Rights Reserved. Published with permission by San Luis Obispo Police Department Uniform Regulations - 590 2.When the item is no longer functional because of damage in the course of the employee's duties, it shall be replaced following the procedures for the replacement of damaged personal property (see the Department Owned and Personal Property Policy). 1044.8.1 RETIREE BADGES The Chief of Police may issue identification in the form of a badge, insignia, emblem, device, label, certificate, card or writing that clearly states the person has honorably retired from the San Luis Obispo Police Department. This identification is separate and distinct from the identification authorized by Penal Code § 25455 and referenced in the Retired Officer CCW Endorsement Policy in this manual. A badge issued to an honorably retired peace officer that is not affixed to a plaque or other memento will have the words “Honorably Retired” clearly visible on its face. A retiree shall be instructed that any such badge will remain the property of the San Luis Obispo Police Department and will be revoked in the event of misuse or abuse (Penal Code § 538d). 1044.9 UNAUTHORIZED UNIFORMS, EQUIPMENT AND ACCESSORIES San Luis Obispo Police Department employees may not wear any uniform item, accessory or attachment unless specifically authorized in the Uniform and Equipment Specifications or by the Chief of Police or designee. San Luis Obispo Police Department employees may not use or carry any safety item, tool or other piece of equipment unless specifically authorized in the Uniform and Equipment Specifications or by the Chief of Police or designee. Policy 1048 San Luis Obispo Police Department San Luis Obispo PD CA Policy Manual Copyright Lexipol, LLC 2019/01/24, All Rights Reserved. Published with permission by San Luis Obispo Police Department Nepotism and Conflicting Relationships - 591 Nepotism and Conflicting Relationships 1048.1 PURPOSE AND SCOPE (a)The purpose of this policy is to provide organization-wide guidance on the employment of relatives in accordance with provisions of the City's Charter, Municipal Code and Code of Ethics. (b)This policy is designed to assist the City in employing highly qualified and competent employees. The City does not consider family relationship a disqualifying factor. The intent of this policy is to avoid creating or continuing an employment situation where there is significant potential for favoritism and/or conflict of interest; and to ensure compliance with the City's Charter, Municipal Code and Code of Ethics on a consistent, organization-wide basis. (c)In achieving these goals, this policy establishes reasonable limits on the employment of relatives based on supervision, safety, security and morale considerations. 1048.1.1 DEFINITIONS Business relationship - Serving as an employee, independent contractor, compensated consultant, owner, board member, shareholder, or investor in an outside business, company, partnership, corporation, venture or other transaction, where the Department employee's annual interest, compensation, investment or obligation is greater than $250. Conflict of interest - Any actual, perceived or potential conflict of interest in which it reasonably appears that a department employee's action, inaction or decisions are or may be influenced by the employee's personal or business relationship. Nepotism - The practice of showing favoritism to relatives over others in appointment, employment, promotion or advancement by any public official in a position to influence these personnel decisions. Personal relationship - Includes marriage, cohabitation, dating or any other intimate relationship beyond mere friendship. Public official - A supervisor, officer or employee vested with authority by law, rule or regulation or to whom authority has been delegated. Relative - An employee's parent, stepparent, spouse, domestic partner, significant other, child (natural, adopted or step), sibling or grandparent. Subordinate - An employee who is subject to the temporary or ongoing direct or indirect authority of a supervisor. Supervisor - An employee who has temporary or ongoing direct or indirect authority over the actions, decisions, evaluation and/or performance of a subordinate employee. San Luis Obispo Police Department San Luis Obispo PD CA Policy Manual Nepotism and Conflicting Relationships Copyright Lexipol, LLC 2019/01/24, All Rights Reserved. Published with permission by San Luis Obispo Police Department Nepotism and Conflicting Relationships - 592 Direct Supervisory Relationship - An employment relationship where one relative has direct influence over another relative's employment through decisions, recommendations or judgments related to such matters as appointment, assessment of performance, salary, career growth and/ or discipline. Salaried Position - A regular or contract employee (full or part-time). 1048.1.2 BACKGROUND The City Charter, Municipal Code and Code of Ethics provide policy direction on employing relatives as follows: (a)City Charter: 1.Section 707 (Nepotism) of the City Charter states: (a)The Council shall not appoint to a salaried position under the City government, any person who is a relative by blood or marriage within the third degree of any one or more members of such Council, and neither shall any department head or other officer having appointive power appoint any relative of the Council or themselves within such degree to any such position. Nothing herein shall prevent the City Administrative Officer from supplementing the provisions of this section. (b)Examples of relatives to the "third degree" include parents, grandparents, brothers and sisters, sons and daughters, grandchildren, aunts and uncles, and nieces and nephews. The term "or marriage" makes one's spouse or domestic partner, and any of the aforementioned relatives of one's spouse or domestic partner, a relative to the third degree. (b)Municipal Code: (a)The City's Personnel Rules and Regulations are set forth in Chapter 2.36 of the Municipal Code. There are two sections that provide policy guidance in the employment of relatives. (a)Section 2.36.080 specifically addresses the employment of relatives as follows: (a)The policy of the Council shall be as prescribed in Section 707 of the City Charter covering nepotism. The City Manager may establish additional guidelines where considered to be in the best interests of the City. This policy establishes the additional guidance envisioned in both the City Charter and the Municipal Code. (b)The need for the City's hiring practices to avoid conflicts of interest and conduct by employees that would tend to discredit or dishonor their positions is set forth in Section 2.36.380 of the Personnel Rules and Regulations: San Luis Obispo Police Department San Luis Obispo PD CA Policy Manual Nepotism and Conflicting Relationships Copyright Lexipol, LLC 2019/01/24, All Rights Reserved. Published with permission by San Luis Obispo Police Department Nepotism and Conflicting Relationships - 593 (a)An official or employee of the city shall not engage in conduct which would tend to discredit or dishonor his/her position with the city. Such elected or appointed officials and employees must avoid conflicts of private interests with public duties and responsibilities and shall not do indirectly what may not be done directly. (c)Code of Ethics: (a)The City's Code of Ethics also sets a framework for integrity in City hiring practices. Section IIB states: (a)Actions and Conduct Designed to Build Public Confidence. Employees should be impartial and dedicated to the best interests of the City. They should conduct themselves, both inside and outside the City's service, so as not to cause distrust of their impartiality or of their dedication to the City's best interests. 1048.1.3 POLICY Except as noted below under Exclusions, relatives of other employees of the City are eligible for consideration for employment with the City: there is no "out of the box" preclusion solely due to a family relationship with another employee. The exclusions identified below are based on supervision, safety, security and morale considerations; and are intended to meet ethical obligations to the organization and community that the City's hiring practices avoid favoritism and conflicts of interest. Exclusions - Immediate relatives (see definitions) are not allowed to work for the City in the following situations: (a)1.As set forth in Section 707 of the City Charter, immediate relatives of Council members (including the Mayor) cannot be hired or appointed to a salaried position (see definitions) under any circumstances. (a)Since the City Charter only precludes "appointments," immediate relatives of a Council member who were employed by the City as regular employees before the election or appointment of the Council member are not precluded from City employment and may retain their position. In this context, only new hires for regular or contract positions are precluded. However, promotions or new appointments to a regular or contract position while the immediate family member is on the Council would be precluded. (b)Immediate relatives of Council members are eligible for temporary employment with the City (if there is no written contract), since the City Charter only precludes employment by immediate relatives in a "salaried position." San Luis Obispo Police Department San Luis Obispo PD CA Policy Manual Nepotism and Conflicting Relationships Copyright Lexipol, LLC 2019/01/24, All Rights Reserved. Published with permission by San Luis Obispo Police Department Nepotism and Conflicting Relationships - 594 2.Immediate relatives of a Department Head cannot work as regular or contract employees in that department; and immediate relatives of a Division Head cannot work as a regular or contract employee in that division. If there are other employees with appointive power in the department, then none of their immediate relatives can work as a regular or contract employee in that section, program or unit. 3.An employee cannot be in a direct supervisory relationship (see definitions) to an immediate relative. 4.In the case of Department Heads, Division Heads and any other employees with appointive power, the preclusion in the City Charter from hiring regular or contract employees also applies to temporary employees. 5.An employee cannot work in a position with conflicting ongoing fiduciary responsibilities by an immediate relative, such as auditing, verifying, receiving or entrusting with money received or handled as an integral and ongoing part of their job responsibilities. 6.An employee cannot work in a function that handles confidential matters related to wages, hours, benefits or substantive working conditions as an integral and ongoing part of their job responsibilities if an immediately-related employee also works in a function that handles similar confidential matters on a "checks and balances basis." (For example, staff in Human Resources who process Personnel Actions and the payroll function in Finance that implements them.) 7.In the event that reorganization, transfer, promotion, adoption, marriage or legal domestic partnership would result in any of the exceptions noted above, the City will attempt to place one or both of the employees in positions that relieve the conflict. If this does not bring resolution to the conflict, both employees may be offered a transfer to any available vacant position for which they are qualified. If neither one volunteers, yet both are qualified for vacant positions, the decision as to who transfers may be made by flipping a coin. In the event that none of these approaches will relieve the conflict, the outcome will be determined by the appointing authority on a case-by-case basis. (b)Examples - The following are examples of employment of relatives that are likely to be allowed or not allowed under this policy. (Note: These examples are just that: examples to help guide implementation of this policy. Actual determinations will be made on a case-by-case basis in light of the circumstances and facts at that time. Moreover, there are a number of factors that are considered in making hiring decisions; these examples only address limitations in the context of the employment of relatives.) (a)Allowed: San Luis Obispo Police Department San Luis Obispo PD CA Policy Manual Nepotism and Conflicting Relationships Copyright Lexipol, LLC 2019/01/24, All Rights Reserved. Published with permission by San Luis Obispo Police Department Nepotism and Conflicting Relationships - 595 (a)A Council member's daughter can be hired as a temporary lifeguard at the pool. (This is a temporary position; the City Charter only precludes hiring immediate relatives of Council members for regular or contract positions.) (b)An employee can have a direct supervisory relationship with a first cousin. (First cousins are not immediate relatives under this policy). (c)Sisters can work together as Maintenance Workers on the same crew in the street division. (There is not a direct supervisory relationship.) (d)The CAO's niece can be hired as a temporary parking attendant in Public Works. (While the niece is an immediate family member under this policy, this is not a regular or contract position, and there is not a direct supervisory relationship.) (e)A Council member's husband was hired as an Engineering Technician before she was elected. He can retain his position after her election or appointment. (The Charter only precludes appointments to regular or contract positions during the Council member's term of office.) (f)The Fire Chief's uncle can be hired as an Accounting Assistant in Finance & Information Technology. (The City Charter only precludes Department Heads from making appointments in their department; and there is not a direct supervisory relationship.) (g)Sara is the Deputy Director of Community Development for Long-Range Planning, Jamie is an Associate Planner in the Development Review Division and they plan to marry. They can both continue in their positions after they are married. (Although they both work in the same department, there is not a direct supervisory relationship.) (h)Lynn and Chris have been living together for the last five years, but they are not married or legal domestic partners. Chris is Lynn's direct supervisor. While there may be other employment policy problems associated with this employment relationship, it is not specifically precluded by this policy. (b)Not Allowed: (a)The Mayor's daughter-in-law cannot be hired as the Golf Course Supervisor. (Daughters-inlaw are immediate family members under this policy €š" a relative within the third degree by marriage; and no immediate relatives of Council members can be appointed to regular or contract positions while they are in office.) (b)The Human Resources Analyst's sister cannot be hired for the Accounting Supervisor position. (This would pose a conflict with immediate relatives San Luis Obispo Police Department San Luis Obispo PD CA Policy Manual Nepotism and Conflicting Relationships Copyright Lexipol, LLC 2019/01/24, All Rights Reserved. Published with permission by San Luis Obispo Police Department Nepotism and Conflicting Relationships - 596 working together on confidential matters related to wages, hours and benefits.) (c)Sara and Jamie got married. There is now an opening for a Senior Planner in the Long-Range Planning Division. Jamie is not eligible for this promotion. (There would be a direct supervisory relationship, since Sara is the Deputy Director for this division, and Jamie would directly report to her.) (d)Lynn and Chris decide to marry or become legal domestic partners. Unless Lynn or Chris transfers to an available vacant position elsewhere in the City that one of them is otherwise qualified for, one of them will need to resign, unless another acceptable alternative can be found that will relieve the conflict. (e)The Police Chief's grandson-in-law cannot be hired as a Records Clerk, on either a regular, contract or temporary basis. (The policy specifically precludes immediate relatives of a Department Head from working as either regular, contract or temporary employees in that department.) 1048.1.4 SUPPLEMENTAL DEPARTMENT POLICIES Department Heads may develop supplemental policies on the employment of relatives to address issues specific to their operations, such as shift operations, special assignments and other unique circumstances, provided that these policies are: (a)Consistent with the intent and purpose of this policy. (b)Reviewed and approved by the Director of Human Services. 1048.2 RESTRICTED DUTIES AND ASSIGNMENTS The Department will not prohibit all personal or business relationships between employees. However, in order to avoid nepotism or other inappropriate conflicts, the following reasonable restrictions shall apply (Government Code § 12940): (a)Employees are prohibited from directly supervising, occupying a position in the line of supervision or being directly supervised by any other employee who is a relative or with whom they are involved in a personal or business relationship. 1.If circumstances require that such a supervisor/subordinate relationship exist temporarily, the supervisor shall make every reasonable effort to defer matters pertaining to the involved employee to an uninvolved supervisor. 2.When personnel and circumstances permit, the Department will attempt to make every reasonable effort to avoid placing employees in such supervisor/ subordinate situations. The Department, however, reserves the right to transfer or reassign any employee to another position within the same classification in order to avoid conflicts with any provision of this policy. San Luis Obispo Police Department San Luis Obispo PD CA Policy Manual Nepotism and Conflicting Relationships Copyright Lexipol, LLC 2019/01/24, All Rights Reserved. Published with permission by San Luis Obispo Police Department Nepotism and Conflicting Relationships - 597 (b)Employees are prohibited from participating in, contributing to or recommending promotions, assignments, performance evaluations, transfers or other personnel decisions affecting an employee who is a relative or with whom they are involved in a personal or business relationship. (c)Whenever possible, FTOs and other trainers will not be assigned to train relatives. FTOs and other trainers are prohibited from entering into or maintaining personal or business relationships with any employee they are assigned to train until such time as the training has been successfully completed and the employee is off probation. (d)To avoid actual or perceived conflicts of interest, members of this department shall refrain from developing or maintaining personal or financial relationships with victims, witnesses or other individuals during the course of or as a direct result of any official contact. (e)Except as required in the performance of official duties or, in the case of immediate relatives, employees shall not develop or maintain personal or financial relationships with any individual they know or reasonably should know is under criminal investigation, is a convicted felon, parolee, fugitive or registered sex offender or who engages in serious violations of state or federal laws. 1048.2.1 EMPLOYEE RESPONSIBILITY Prior to entering into any personal or business relationship or other circumstance which the employee knows or reasonably should know could create a conflict of interest or other violation of this policy, the employee shall promptly notify his/her uninvolved, next highest level of supervisor. Whenever any employee is placed in circumstances that would require the employee to take enforcement action or provide official information or services to any relative or individual with whom the employee is involved in a personal or business relationship, the employee shall promptly notify his/her uninvolved, immediate supervisor. In the event that no uninvolved supervisor is immediately available, the employee shall promptly notify dispatch to have another uninvolved employee either relieve the involved employee or minimally remain present to witness the action. 1048.2.2 SUPERVISOR'S RESPONSIBILITY Upon being notified of, or otherwise becoming aware of any circumstance that could result in or constitute an actual or potential violation of this policy, a supervisor shall take all reasonable steps to promptly mitigate or avoid such violations whenever possible. Supervisors shall also promptly notify the Chief of Police of such actual or potential violations through the chain of command. 1048.2.3 SUMMARY In achieving the City's goal of employing highly qualified and competent employees, we do not want to preclude from consideration excellent candidates solely because of their family relationships. On the other hand, in meeting our ethical obligations to the organization and community that employment decisions are based on merit, not favoritism, and to avoid conflicts San Luis Obispo Police Department San Luis Obispo PD CA Policy Manual Nepotism and Conflicting Relationships Copyright Lexipol, LLC 2019/01/24, All Rights Reserved. Published with permission by San Luis Obispo Police Department Nepotism and Conflicting Relationships - 598 of interests, the reasonable limitations on the employment of relatives set forth in this policy are necessary and appropriate. Policy 1050 San Luis Obispo Police Department San Luis Obispo PD CA Policy Manual Copyright Lexipol, LLC 2019/01/24, All Rights Reserved. Published with permission by San Luis Obispo Police Department Department Badges - 599 Department Badges 1050.1 PURPOSE AND SCOPE The San Luis Obispo Police Department badge and uniform patch as well as the likeness of these items and the name of the San Luis Obispo Police Department are property of the Department and their use shall be restricted as set forth in this policy. 1050.2 POLICY The uniform badge shall be issued to department members as a symbol of authority and the use and display of department badges shall be in strict compliance with this policy. Only authorized badges issued by this department shall be displayed, carried or worn by members while on duty or otherwise acting in an official or authorized capacity. 1050.2.1 FLAT BADGE Sworn officers, with the written approval of the Chief of Police may purchase, at his/her own expense, a flat badge capable of being carried in a wallet. The use of the flat badge is subject to all the same provisions of department policy as the uniform badge. (a)An officer may sell, exchange, or transfer the flat badge he/she purchased to another officer within the San Luis Obispo Police Department with the written approval of the Chief of Police. (b)Should the flat badge become lost, damaged, or otherwise removed from the officer’s control, he/she shall make the proper notifications as outlined in the Department Owned and Personal Property Policy. (c)An honorably retired officer may keep his/her flat badge upon retirement. (d)The purchase, carrying or display of a flat badge is not authorized for non-sworn personnel. 1050.2.2 NON-SWORN PERSONNEL Badges and department identification cards issued to non-sworn personnel shall be clearly marked to reflect the position of the assigned employee (e.g. Parking Control, Dispatcher). (a)Non-sworn personnel shall not display any department badge except as a part of his/her uniform and while on duty, or otherwise acting in an official and authorized capacity. (b)Non-sworn personnel shall not display any department badge or represent him/herself, on or off duty, in such a manner which would cause a reasonable person to believe that he/she is a sworn peace officer. San Luis Obispo Police Department San Luis Obispo PD CA Policy Manual Department Badges Copyright Lexipol, LLC 2019/01/24, All Rights Reserved. Published with permission by San Luis Obispo Police Department Department Badges - 600 1050.2.3 RETIREE UNIFORM BADGE Upon honorable retirement employees may purchase his/her assigned duty badge for display purposes. It is intended that the duty badge be used only as private memorabilia as other uses of the badge may be unlawful or in violation of this policy. 1050.3 UNAUTHORIZED USE Except as required for on-duty use by current employees, no badge designed for carry or display in a wallet, badge case or similar holder shall be issued to anyone other than a current or honorably retired peace officer. Department badges are issued to all sworn employees and non-sworn uniformed employees for official use only. The department badge, shoulder patch or the likeness thereof, or the department name shall not be used for personal or private reasons including, but not limited to, letters, memoranda, and electronic communications such as electronic mail or web sites and web pages. The use of the badge, uniform patch and department name for all material (printed matter, products or other items) developed for department use shall be subject to approval by the Chief of Police. Employees shall not loan his/her department badge or identification card to others and shall not permit the badge or identification card to be reproduced or duplicated. 1050.4 PERMITTED USE BY EMPLOYEE GROUPS The likeness of the department badge shall not be used without the expressed authorization of the Chief of Police and shall be subject to the following: (a)The employee associations may use the likeness of the department badge for merchandise and official association business provided they are used in a clear representation of the association and not the San Luis Obispo Police Department. The following modifications shall be included: 1.The text on the upper and lower ribbons is replaced with the name of the employee association. 2.The badge number portion displays the acronym of the employee association. (b)The likeness of the department badge for endorsement of political candidates shall not be used without the expressed approval of the Chief of Police. Policy 1052 San Luis Obispo Police Department San Luis Obispo PD CA Policy Manual Copyright Lexipol, LLC 2019/01/24, All Rights Reserved. Published with permission by San Luis Obispo Police Department Modified Duty Assignments - 601 Modified Duty Assignments 1052.1 PURPOSE AND SCOPE This policy establishes procedures for providing temporary modified-duty assignments. This policy is not intended to affect the rights or benefits of employees under federal or state law, City rules, current memorandums of understanding or collective bargaining agreements. For example, nothing in this policy affects the obligation of the Department to engage in a good faith, interactive process to consider reasonable accommodations for any employee with a temporary or permanent disability that is protected under federal or state law. 1052.2 POLICY Subject to operational considerations, the San Luis Obispo Police Department may identify temporary modified-duty assignments for employees who have an injury or medical condition resulting in temporary work limitations or restrictions. A temporary assignment allows the employee to work, while providing the Department with a productive employee during the temporary period. 1052.3 GENERAL CONSIDERATIONS Priority consideration for temporary modified-duty assignments will be given to employees with work-related injuries or illnesses that are temporary in nature. Employees having disabilities covered under the Americans with Disabilities Act (ADA) or the California Fair Employment and Housing Act (Government Code § 12940 et seq.) shall be treated equally, without regard to any preference for a work-related injury. No position in the San Luis Obispo Police Department shall be created or maintained as a temporary modified-duty assignment. Temporary modified-duty assignments are a management prerogative and not an employee right. The availability of temporary modified-duty assignments will be determined on a case-by- case basis, consistent with the operational needs of the Department. Temporary modified-duty assignments are subject to continuous reassessment, with consideration given to operational needs and the employee's ability to perform in a modified-duty assignment. The Chief of Police or the authorized designee may restrict employees working in temporary modified-duty assignments from wearing a uniform, displaying a badge, carrying a firearm, operating an emergency vehicle, engaging in outside employment, or being otherwise limited in employing their peace officer powers. Temporary modified-duty assignments shall generally not exceed a cumulative total of 1,040 hours in any one-year period. 1052.4 PROCEDURE Employees may request a temporary modified-duty assignment for short-term injuries or illnesses. San Luis Obispo Police Department San Luis Obispo PD CA Policy Manual Modified Duty Assignments Copyright Lexipol, LLC 2019/01/24, All Rights Reserved. Published with permission by San Luis Obispo Police Department Modified Duty Assignments - 602 Employees seeking a temporary modified-duty assignment should submit a written request to their Bureau Commanders or the authorized designees. The request should, as applicable, include a certification from the treating medical professional containing: (a)An assessment of the nature and probable duration of the illness or injury. (b)The prognosis for recovery. (c)The nature and scope of limitations and/or work restrictions. (d)A statement regarding any required workplace accommodations, mobility aids or medical devices. (e)A statement that the employee can safely perform the duties of the temporary modified-duty assignment. The Bureau Commander will make a recommendation through the chain of command to the Chief of Police regarding temporary modified-duty assignments that may be available based on the needs of the Department and the limitations of the employee. The Chief of Police or the authorized designee shall confer with the Department of Human Resources or the City Attorney as appropriate. Requests for a temporary modified-duty assignment of 20 hours or less per week may be approved and facilitated by the Watch Commander or Bureau Commander, with notice to the Chief of Police. 1052.5 ACCOUNTABILITY Written notification of assignments, work schedules and any restrictions should be provided to employees assigned to temporary modified-duty assignments and their supervisors. Those assignments and schedules may be adjusted to accommodate department operations and the employee's medical appointments, as mutually agreed upon with the Bureau Commander. 1052.5.1 EMPLOYEE RESPONSIBILITIES The responsibilities of employees assigned to temporary modified duty shall include, but not be limited to: (a)Communicating and coordinating any required medical and physical therapy appointments in advance with their supervisors. (b)Promptly notifying their supervisors of any change in restrictions or limitations after each appointment with their treating medical professionals. (c)Communicating a status update to their supervisors no less than once every 30 days while assigned to temporary modified duty. (d)Submitting a written status report to the Bureau Commander that contains a status update and anticipated date of return to full-duty when a temporary modified-duty assignment extends beyond 60 days. San Luis Obispo Police Department San Luis Obispo PD CA Policy Manual Modified Duty Assignments Copyright Lexipol, LLC 2019/01/24, All Rights Reserved. Published with permission by San Luis Obispo Police Department Modified Duty Assignments - 603 1052.5.2 SUPERVISOR RESPONSIBILITIES The employee's immediate supervisor shall monitor and manage the work schedule of those assigned to temporary modified duty. The responsibilities of supervisors shall include, but not be limited to: (a)Periodically apprising the Bureau Commander of the status and performance of employees assigned to temporary modified duty. (b)Notifying the Bureau Commander and ensuring that the required documentation facilitating a return to full duty is received from the employee. (c)Ensuring that employees returning to full duty have completed any required training and certification. 1052.6 MEDICAL EXAMINATIONS Prior to returning to full-duty status, employees shall be required to provide certification from their treating medical professionals stating that they are medically cleared to perform the essential functions of their jobs without restrictions or limitations. The Department may require a fitness-for-duty examination prior to returning an employee to full- duty status, in accordance with the Fitness for Duty Policy. 1052.7 PREGNANCY If an employee is temporarily unable to perform regular duties due to a pregnancy, childbirth or a related medical condition, the employee will be treated the same as any other temporarily disabled employee (42 USC § 2000e(k)). A pregnant employee shall not be involuntarily transferred to a temporary modified-duty assignment. 1052.7.1 NOTIFICATION Pregnant employees should notify their immediate supervisors as soon as practicable and provide a statement from their medical providers identifying any pregnancy-related job restrictions or limitations. If at any point during the pregnancy it becomes necessary for the employee to take a leave of absence, such leave shall be granted in accordance with the City's personnel rules and regulations regarding family and medical care leave. 1052.8 PROBATIONARY EMPLOYEES Probationary employees who are assigned to a temporary modified-duty assignment shall have their probation extended by a period of time equal to their assignment to temporary modified duty. 1052.9 MAINTENANCE OF CERTIFICATION AND TRAINING Employees assigned to temporary modified duty shall maintain all certification, training and qualifications appropriate to both their regular and temporary duties, provided that the certification, training or qualifications are not in conflict with any medical limitations or restrictions. Employees San Luis Obispo Police Department San Luis Obispo PD CA Policy Manual Modified Duty Assignments Copyright Lexipol, LLC 2019/01/24, All Rights Reserved. Published with permission by San Luis Obispo Police Department Modified Duty Assignments - 604 who are assigned to temporary modified duty shall inform their supervisors of any inability to maintain any certification, training or qualifications. Policy 1056 San Luis Obispo Police Department San Luis Obispo PD CA Policy Manual Copyright Lexipol, LLC 2019/01/24, All Rights Reserved. Published with permission by San Luis Obispo Police Department Employee Speech, Expression and Social Networking - 605 Employee Speech, Expression and Social Networking 1056.1 PURPOSE AND SCOPE This policy is intended to address issues associated with employee use of social networking sites and to provide guidelines for the regulation and balancing of employee speech and expression with the needs of the Department. Nothing in this policy is intended to prohibit or infringe upon any communication, speech or expression that is protected or privileged under law. This includes speech and expression protected under state or federal constitutions as well as labor or other applicable laws. For example, this policy does not limit an employee from speaking as a private citizen, including acting as an authorized member of a recognized bargaining unit or officer associations, about matters of public concern, such as misconduct or corruption. Employees are encouraged to consult with their supervisor regarding any questions arising from the application or potential application of this policy. 1056.1.1 APPLICABILITY This policy applies to all forms of communication including, but not limited to, film, video, print media, public or private speech, use of all Internet services, including the World Wide Web, e- mail, file transfer, remote computer access, news services, social networking, social media, instant messaging, blogs, forums, video and other file-sharing sites. 1056.2 POLICY Public employees occupy a trusted position in the community, and thus, their statements have the potential to contravene the policies and performance of this department. Due to the nature of the work and influence associated with the law enforcement profession, it is necessary that employees of this department be subject to certain reasonable limitations on their speech and expression. To achieve its mission and efficiently provide service to the public, the San Luis Obispo Police Department will carefully balance the individual employee's rights against the Department's needs and interests when exercising a reasonable degree of control over its employees' speech and expression. 1056.3 SAFETY Employees should consider carefully the implications of their speech or any other form of expression when using the Internet. Speech and expression that may negatively affect the safety of the San Luis Obispo Police Department employees, such as posting personal information in a public forum, can result in compromising an employee's home address or family ties. Employees should therefore not disseminate or post any information on any forum or medium that could reasonably be anticipated to compromise the safety of any employee, an employee's family or San Luis Obispo Police Department San Luis Obispo PD CA Policy Manual Employee Speech, Expression and Social Networking Copyright Lexipol, LLC 2019/01/24, All Rights Reserved. Published with permission by San Luis Obispo Police Department Employee Speech, Expression and Social Networking - 606 associates. Examples of the type of information that could reasonably be expected to compromise safety include: •Disclosing a photograph and name or address of an officer who is working undercover. •Disclosing the address of a fellow officer. •Otherwise disclosing where another officer can be located off-duty. 1056.4 PROHIBITED SPEECH, EXPRESSION AND CONDUCT To meet the department's safety, performance and public-trust needs, the following are prohibited unless the speech is otherwise protected (for example, an employee speaking as a private citizen, including acting as an authorized member of a recognized bargaining unit or officer associations, on a matter of public concern): (a)Speech or expression made pursuant to an official duty that tends to compromise or damage the mission, function, reputation or professionalism of the San Luis Obispo Police Department or its employees. (b)Speech or expression that, while not made pursuant to an official duty, is significantly linked to, or related to, the San Luis Obispo Police Department and tends to compromise or damage the mission, function, reputation or professionalism of the San Luis Obispo Police Department or its employees. Examples may include: 1.Statements that indicate disregard for the law or the state or U.S. Constitution. 2.Expression that demonstrates support for criminal activity. 3.Participating in sexually explicit photographs or videos for compensation or distribution. (c)Speech or expression that could reasonably be foreseen as having a negative impact on the credibility of the employee as a witness. For example, posting statements or expressions to a website that glorify or endorse dishonesty, unlawful discrimination or illegal behavior. (d)Speech or expression of any form that could reasonably be foreseen as having a negative impact on the safety of the employees of the Department. For example, a statement on a blog that provides specific details as to how and when prisoner transportations are made could reasonably be foreseen as potentially jeopardizing employees by informing criminals of details that could facilitate an escape or attempted escape. (e)Speech or expression that is contrary to the canons of the Law Enforcement Code of Ethics as adopted by the San Luis Obispo Police Department. (f)Use or disclosure, through whatever means, of any information, photograph, video or other recording obtained or accessible as a result of employment with the Department San Luis Obispo Police Department San Luis Obispo PD CA Policy Manual Employee Speech, Expression and Social Networking Copyright Lexipol, LLC 2019/01/24, All Rights Reserved. Published with permission by San Luis Obispo Police Department Employee Speech, Expression and Social Networking - 607 for financial or personal gain, or any disclosure of such materials without the express authorization of the Chief of Police or the authorized designee. (g)Posting, transmitting or disseminating any photographs, video or audio recordings, likenesses or images of department logos, emblems, uniforms, badges, patches, marked vehicles, equipment or other material that specifically identifies the San Luis Obispo Police Department on any personal or social networking or other website or web page, without the express authorization of the Chief of Police. (h)Accessing websites for non-authorized purposes, or use of any personal communication device, game device or media device, whether personally or department-owned, for personal purposes while on-duty, except in the following circumstances: 1.When brief personal communication may be warranted by the circumstances (e.g., inform family of extended hours). 2.During authorized breaks such usage should be limited as much as practicable to areas out of sight and sound of the public and shall not be disruptive to the work environment. Employees must take reasonable and prompt action to remove any content, including content posted by others, that is in violation of this policy from any web page or website maintained by the employee (e.g., social or personal website). 1056.4.1 UNAUTHORIZED ENDORSEMENTS AND ADVERTISEMENTS While employees are not restricted from engaging in the following activities as private citizens or as authorized members of a recognized bargaining unit or officer associations, employees may not represent the San Luis Obispo Police Department or identify themselves in any way that could be reasonably perceived as representing the San Luis Obispo Police Department in order to do any of the following, unless specifically authorized by the Chief of Police (Government Code § 3206; Government Code § 3302): (a)Endorse, support, oppose or contradict any political campaign or initiative. (b)Endorse, support, oppose or contradict any social issue, cause or religion. (c)Endorse, support or oppose any product, service, company or other commercial entity. (d)Appear in any commercial, social or nonprofit publication or any motion picture, film, video, public broadcast or on any website. Additionally, when it can reasonably be construed that an employee, acting in his/her individual capacity or through an outside group or organization (e.g., bargaining group or officer associations), is affiliated with this department, the employee shall give a specific disclaiming statement that any such speech or expression is not representative of the San Luis Obispo Police Department. San Luis Obispo Police Department San Luis Obispo PD CA Policy Manual Employee Speech, Expression and Social Networking Copyright Lexipol, LLC 2019/01/24, All Rights Reserved. Published with permission by San Luis Obispo Police Department Employee Speech, Expression and Social Networking - 608 Employees retain their right to vote as they choose, to support candidates of their choice and to express their opinions as private citizens, including as authorized members of a recognized bargaining unit or officer associations, on political subjects and candidates at all times while off- duty. However, employees may not use their official authority or influence to interfere with or affect the result of an election or a nomination for office. Employees are also prohibited from directly or indirectly using their official authority to coerce, command or advise another employee to pay, lend or contribute anything of value to a party, committee, organization, agency or person for political purposes (5 USC § 1502). 1056.5 PRIVACY EXPECTATION Employees forfeit any expectation of privacy with regard to e-mails, texts or anything published or maintained through file-sharing software or any Internet site (e.g., Facebook, MySpace) that is accessed, transmitted, received or reviewed on any department technology system. The Department reserves the right to access, audit and disclose for whatever reason any message, including attachments, and any information accessed, transmitted, received or reviewed over any technology that is issued or maintained by the Department. This includes the department e-mail system, computer network or any information placed into storage on any department system or device. It also includes records of all key strokes or web-browsing history made at any department computer or over any department network. The fact that access to a database, service or website requires a user name or password will not create an expectation of privacy if it is accessed through a department computer or network. However, the Department may not require an employee to disclose a personal user name or password or open a personal social website, except when access is reasonably believed to be relevant to the investigation of allegations of work related misconduct (Labor Code § 980). 1056.6 CONSIDERATIONS In determining whether to grant authorization of any speech or conduct that is prohibited under this policy, the factors that the Chief of Police or authorized designee should consider include: (a)Whether the speech or conduct would negatively affect the efficiency of delivering public services. (b)Whether the speech or conduct would be contrary to the good order of the Department or the efficiency or morale of its members. (c)Whether the speech or conduct would reflect unfavorably upon the Department. (d)Whether the speech or conduct would negatively affect the member's appearance of impartiality in the performance of his/her duties. (e)Whether similar speech or conduct has been previously authorized. San Luis Obispo Police Department San Luis Obispo PD CA Policy Manual Employee Speech, Expression and Social Networking Copyright Lexipol, LLC 2019/01/24, All Rights Reserved. Published with permission by San Luis Obispo Police Department Employee Speech, Expression and Social Networking - 609 (f)Whether the speech or conduct may be protected and outweighs any interest of the Department. 1056.7 TRAINING Subject to available resources, the Department should provide training regarding employee speech and the use of social networking to all members of the Department. Policy 1057 San Luis Obispo Police Department San Luis Obispo PD CA Policy Manual Copyright Lexipol, LLC 2019/01/24, All Rights Reserved. Published with permission by San Luis Obispo Police Department Illness and Injury Prevention - 610 Illness and Injury Prevention 1057.1 PURPOSE AND SCOPE The purpose of this policy is to establish an ongoing and effective plan to reduce the incidence of illness and injury for members of the San Luis Obispo Police Department, in accordance with the requirements of 8 CCR § 3203. This policy specifically applies to illness and injury that results in lost time or that requires medical treatment beyond first aid. Although this policy provides the essential guidelines for a plan that reduces illness and injury, it may be supplemented by procedures outside the Policy Manual. This policy does not supersede, but supplements any related Citywide safety efforts. 1057.2 POLICY The San Luis Obispo Police Department is committed to providing a safe environment for its members and visitors and to minimizing the incidence of work-related illness and injuries. The Department will establish and maintain an Illness and Injury Prevention program and will provide tools, training and safeguards designed to reduce the potential for accidents, illness and injuries. It is the intent of the Department to comply with all laws and regulations related to occupational safety. 1057.3 ILLNESS AND INJURY PREVENTION PLAN The Administration Bureau Commander is responsible for developing an illness and injury prevention plan that shall include: (a)Workplace safety and health training programs. (b)Regularly scheduled safety meetings. (c)Posted or distributed safety information. (d)A system for members to anonymously inform management about workplace hazards. (e)Establishment of a safety and health committee that will: 1.Meet regularly. 2.Prepare a written record of safety and health committee meetings. 3.Review the results of periodic scheduled inspections. 4.Review investigations of accidents and exposures. 5.Make suggestions to command staff for the prevention of future incidents. 6.Review investigations of alleged hazardous conditions. 7.Submit recommendations to assist in the evaluation of member safety suggestions. 8.Assess the effectiveness of efforts made by the Department to meet relevant standards. San Luis Obispo Police Department San Luis Obispo PD CA Policy Manual Illness and Injury Prevention Copyright Lexipol, LLC 2019/01/24, All Rights Reserved. Published with permission by San Luis Obispo Police Department Illness and Injury Prevention - 611 (f)Establishment of a process to ensure serious illnesses or injuries and death are reported as required by the Division of Occupational Safety and Health Administration (Cal/OSHA) (8 CCR § 342). 1057.4 ADMINISTRATION BUREAU COMMANDER RESPONSIBILITIES The responsibilities of the AdministrationBureau Commander include, but are not limited to: (a)Managing and implementing a plan to reduce the incidence of member illness and injury. (b)Ensuring that a system of communication is in place that facilitates a continuous flow of safety and health information between supervisors and members. This system shall include: 1.New member orientation that includes a discussion of safety and health policies and procedures. 2.Regular member review of the illness and injury prevention plan. (c)Ensuring that all safety and health policies and procedures are clearly communicated and understood by all members. (d)Taking reasonable steps to ensure that all members comply with safety rules in order to maintain a safe work environment. This includes, but is not limited to: 1.Informing members of the illness and injury prevention guidelines. 2.Recognizing members who perform safe work practices. 3.Ensuring that the member evaluation process includes member safety performance. 4.Ensuring department compliance to meet standards regarding the following: (a)Respiratory protection (8 CCR § 5144) (b)Bloodborne pathogens (8 CCR § 5193) (c)Aerosol transmissible diseases (8 CCR § 5199) (d)Heat illness (8 CCR § 3395) (e)Emergency Action Plan (8 CCR § 3220) (f)Fire Prevention Plan (8 CCR § 3221) (e)Making available the Identified Hazards and Correction Record form to document inspections, unsafe conditions or work practices, and actions taken to correct unsafe conditions and work practices. (f)Making available the Investigation/Corrective Action Report to document individual incidents or accidents. (g)Making available a form to document the safety and health training of each member. This form will include the member’s name or other identifier, training dates, type of training and training providers. (h)Conducting and documenting a regular review of the illness and injury prevention plan. San Luis Obispo Police Department San Luis Obispo PD CA Policy Manual Illness and Injury Prevention Copyright Lexipol, LLC 2019/01/24, All Rights Reserved. Published with permission by San Luis Obispo Police Department Illness and Injury Prevention - 612 1057.5 SUPERVISOR RESPONSIBILITIES Supervisor responsibilities include, but are not limited to: (a)Ensuring member compliance with illness and injury prevention guidelines and answering questions from members about this policy. (b)Training, counseling, instructing or making informal verbal admonishments any time safety performance is deficient. Supervisors may also initiate discipline when it is reasonable and appropriate under the Standards of Conduct Policy. (c)Establishing and maintaining communication with members on health and safety issues. This is essential for an injury-free, productive workplace. (d)Completing required forms and reports relating to illness and injury prevention; such forms and reports shall be submitted to the Administration Bureau Commander. (e)Notifying the Administration Bureau Commander when: 1.New substances, processes, procedures or equipment that present potential new hazards are introduced into the work environment. 2.New, previously unidentified hazards are recognized. 3.Occupational illnesses and injuries occur. 4.New and/or permanent or intermittent members are hired or reassigned to processes, operations or tasks for which a hazard evaluation has not been previously conducted. 5.Workplace conditions warrant an inspection. 1057.6 HAZARDS All members should report and/or take reasonable steps to correct unsafe or unhealthy work conditions, practices or procedures in a timely manner. Members should make their reports to a supervisor (as a general rule, their own supervisors). Supervisors should make reasonable efforts to correct unsafe or unhealthy work conditions in a timely manner, based on the severity of the hazard. These hazards should be corrected when observed or discovered, when it is reasonable to do so. When a hazard exists that cannot be immediately abated without endangering members or property, supervisors should protect or remove all exposed members from the area or item, except those necessary to correct the existing condition. Members who are necessary to correct the hazardous condition shall be provided with the necessary protection. All significant actions taken and dates they are completed shall be documented on an Identified Hazards and Correction Record form. This form should be forwarded to the Administration Bureau Commander via the chain of command. San Luis Obispo Police Department San Luis Obispo PD CA Policy Manual Illness and Injury Prevention Copyright Lexipol, LLC 2019/01/24, All Rights Reserved. Published with permission by San Luis Obispo Police Department Illness and Injury Prevention - 613 The Administration Bureau Commander will take appropriate action to ensure the illness and injury prevention plan addresses potential hazards upon such notification. 1057.7 INSPECTIONS Safety inspections are crucial to a safe work environment. These inspections identify and evaluate workplace hazards and permit mitigation of those hazards. A hazard assessment checklist should be used for documentation and to ensure a thorough assessment of the work environment. The Administration Bureau Commander shall ensure that the appropriate documentation is completed for each inspection. 1057.7.1 EQUIPMENT Members are charged with daily vehicle inspections of their assigned vehicles and of their personal protective equipment (PPE) prior to working in the field. Members shall complete the Identified Hazards and Correction Record form if an unsafe condition cannot be immediately corrected. Members should forward this form to their supervisors. 1057.8 INVESTIGATIONS Any member sustaining any work-related illness or injury, as well as any member who is involved in any accident or hazardous substance exposure while on-duty shall report such event as soon as practicable to a supervisor. Members observing or learning of a potentially hazardous condition are to promptly report the condition to their immediate supervisors. A supervisor receiving such a report should personally investigate the incident or ensure that an investigation is conducted. Investigative procedures for workplace accidents and hazardous substance exposures should include: (a)A visit to the accident scene as soon as possible. (b)An interview of the injured member and witnesses. (c)An examination of the workplace for factors associated with the accident/exposure. (d)Determination of the cause of the accident/exposure. (e)Corrective action to prevent the accident/exposure from reoccurring. (f)Documentation of the findings and corrective actions taken. (g)Completion of an Investigation/Corrective Action Report form. (h)Completion of an Identified Hazards and Correction Record form. Additionally, the supervisor should proceed with the steps to report an on-duty injury, as required under the Occupational Disease and Work-Related Injury Reporting Policy, in conjunction with this investigation to avoid duplication and ensure timely reporting. San Luis Obispo Police Department San Luis Obispo PD CA Policy Manual Illness and Injury Prevention Copyright Lexipol, LLC 2019/01/24, All Rights Reserved. Published with permission by San Luis Obispo Police Department Illness and Injury Prevention - 614 1057.9 TRAINING The Administration Bureau Commander should work with the Training Manager to provide all members, including supervisors, with training on general and job-specific workplace safety and health practices. Training shall be provided: (a)To supervisors to familiarize them with the safety and health hazards to which members under their immediate direction and control may be exposed. (b)To all members with respect to hazards specific to each member’s job assignment. (c)To all members given new job assignments for which training has not previously been provided. (d)Whenever new substances, processes, procedures or equipment are introduced to the workplace and represent a new hazard. (e)Whenever the Department is made aware of a new or previously unrecognized hazard. 1057.9.1 TRAINING TOPICS The Training Manager shall ensure that training includes: (a)Reporting unsafe conditions, work practices and injuries, and informing a supervisor when additional instruction is needed. (b)Use of appropriate clothing, including gloves and footwear. (c)Use of respiratory equipment. (d)Availability of toilet, hand-washing and drinking-water facilities. (e)Provisions for medical services and first aid. (f)Handling of bloodborne pathogens and other biological hazards. (g)Prevention of heat and cold stress. (h)Identification and handling of hazardous materials, including chemical hazards to which members could be exposed, and review of resources for identifying and mitigating hazards (e.g., hazard labels, Safety Data Sheets (SDS)). (i)Mitigation of physical hazards, such as heat and cold stress, noise, and ionizing and non-ionizing radiation. (j)Identification and mitigation of ergonomic hazards, including working on ladders or in a stooped posture for prolonged periods. (k)Back exercises/stretches and proper lifting techniques. (l)Avoidance of slips and falls. (m)Good housekeeping and fire prevention. (n)Other job-specific safety concerns. 1057.10 RECORDS Records and training documentation relating to illness and injury prevention will be maintained in accordance with the established records retention schedule. Policy Manual -2018-2019 San Luis Obispo PD CA Policy Manual Copyright Lexipol, LLC 2019/01/24, All Rights Reserved. Published with permission by San Luis Obispo Police Department Index - 615 INDEX / TOPICS ................... 18 A ACCOUNTABILITY TO SUPERVISOR .. 18 ACKNOWLEDGEMENTS Policy manual............ 16 Policy revisions........... 16 ADMINISTRATIVE INVESTIGATION ... 72 ADMINISTRATIVE INVESTIGATIONS OIS ............ 72, 72, 72 OIS .............. 72, 72 Vehicle damage........... 442 ADMINISTRATIVE LEAVE Firearms.............. 78 OIS................ 69 ADULT ABUSE Investigations............ 397 ADULT ABUSE ............ 124 AIRCRAFT Ambulance............. 327 ALCOHOL Vehicle use............. 439 ALCOHOL .............. 521 ALCOHOL USE ............ 521 ALCOHOL, INTOXICANTS ....... 174 AMMUNITION ............ 79 ANTI-REPRODUCTIVE RIGHTS CRIMES . 202 APPOINTMENTS Chaplain coordinator......... 223 Communications supervisor...... 458 Forfeiture reviewer.......... 409 PIO................ 183 UAS Coordinator.......... 425 ARREST OF PUBLIC SCHOOL TEACHER . 220 ARRESTS Immigrants............. 295 Log................ 185 Seat belts............. 543 Sick or injured person........ 326 Use of force............. 44 ASSET FORFEITURE ......... 406 AUDIO/VIDEO RECORDING Custodial interrogation........ 396 OIS................ 73 AUDITS Public safety video surveillance..... 231 AUTHORITY Policy manual............ 14 AUTHORITY, ETHICS ......... 170 AUTOMATED EXTERNAL DEFIBRILLATORS (AED) ................ 328 AUXILIARY RESTRAINTS ....... 53 B BADGE Mourning Badge........... 587 BADGES, PATCHES AND IDENTIFICATION Firearms.............. 78 BATON ................ 56 BIOLOGICAL SAMPLES Hazards.............. 614 BODY ARMOR Suspects.............. 77 BODY ARMOR ............ 545 BOMBS Chaplains............. 225 MDT/MDC............. 341 BRADY MATERIAL .......... 423 C CANINES Pursuits.............. 361 CHANGE OF ASSIGNMENT ...... 554 CHAPLAINS ............. 222 CHIEF EXECUTIVE .......... 12 CHILD ABUSE ............ 143 CHILDREN Transporting............ 544 CITATIONS ............. 373 CITE & RELEASE ........... 283 CIVIL Liability response........... 74 Subpoenas............. 187 Warrant.............. 293 CIVILIAN/NON-SWORN ........ 14 CIVILIAN/NONSWORN Crisis intervention incidents...... 323 CODE-3 ............... 101 COMMAND PROTOCOL ........ 18 COMMAND STAFF Policy review............ 16 COMMENDATIONS AND AWARDS ... 558 COMMUNICABLE DISEASE Health orders............ 254 COMMUNICABLE DISEASES First responders........... 325 San Luis Obispo Police Department San Luis Obispo PD CA Policy Manual Copyright Lexipol, LLC 2019/01/24, All Rights Reserved. Published with permission by San Luis Obispo Police Department - 616 Illness and injury prevention...... 610 COMMUNICATIONS CENTER Foot pursuits............ 364 Mandatory sharing.......... 190 Vehicle pursuits........... 93 COMMUNICATIONS CENTER Crisis intervention incidents...... 322 COMMUNICATIONS WITH HEARING IMPAIRED OR DISABLED ....... 212 COMPUTERS Digital evidence........... 397 CONDUCT Meritorious............. 559 OIS................ 66 Standards of conduct......... 172 CONFIDENTIALITY Chaplains............. 226 Communications center........ 462 CONTACTS AND TEMPORARY DETENTIONS Bias-based policing......... 249 CONTROL DEVICES .......... 55 CONTROL DEVICES .......... 55 CORI ................ 490 CORRESPONDENCE .......... 27 COURT APPEARANCES ........ 186 COURT ORDERS Subpoenas............. 186 CRIME SCENE AND DISASTER INTEGRITY ................... 253 CRIMINAL OFFENDER RECORD INFORMATION ............ 490 CRISIS INTERVENTION INCIDENTS .. 320 CRISIS NEGOTIATION TEAM ..... 255 CRISIS RESPONSE UNIT ........ 255 CUSTODIAL INTERROGATIONS .... 395 CUSTOMS AND BORDER PROTECTION (CBP) ................... 294 D DAMAGE BY CITY PERSONNEL .... 181 DEATH Chaplains............. 225 DEATH INVESTIGATION ....... 196 DEATH NOTIFICATION ........ 197 DEBRIEFING OIS................ 74 Tactical............... 74 DEFINITIONS ............. 14 DEPARTMENT OWNED PROPERTY ... 429 DEPARTMENT PROPERTY Loss Or Damage........... 430 DEPARTMENTAL DIRECTIVE ...... 20 DIPLOMATIC IMMUNITY ....... 287 DISABLED Motorist.............. 391 DISASTER PLAN ........... 21 DISCIPLINE ............. 169 DISCLAIMER ............. 14 DISCLOSING INFORMATION ..... 606 DISCRIMINATION, CONDUCT ..... 170 DOMESTIC VIOLENCE Reporting of Employee Convictions... 519 DRIVING MDT/MDC............. 340 DRIVING TACTICS .......... 91 DRIVING, SAFETY SAFETY, CONDUCT FIREARMS, CONDUCT ........ 173 DRUG USE .............. 521 DUI ENFORCEMENT ......... 383 DUTY TO INTERCEDE ......... 43 E ELDER ABUSE ............ 124 ELECTRO-MUSCULAR DISRUPTION TECHNOLOGY DEVICE ........ 60 ELECTRONIC CIGARETTES ...... 533 ELECTRONIC MAIL .......... 25 EMERGENCY MANAGEMENT PLAN ... 21 EPINEPHRINE AUTO-INJECTORS .... 329 EVALUATION ............ 512 EVIDENCE Digital............... 397 Public Safety Video Surveillance.... 231 Seizing recordings.......... 318 EVIDENCE, BOMBS .......... 277 EXPLOSIONS ............ 276 EXPOSURE CONTROL Reviews.............. 610 EXPOSURE(S) ............ 266 EXTENDED ILLNESS ......... 526 EYEWITNESS IDENTIFICATION .... 419 F FIELD CITATIONS .......... 283 FIELD DETAINEES .......... 307 FIELD INTERVIEW .......... 307 FIELD PHOTOGRAPHS ........ 307 FIELD SOBRIETY TESTS ....... 383 FIREARMS Removal for vehicle maintenance.... 435 San Luis Obispo Police Department San Luis Obispo PD CA Policy Manual Copyright Lexipol, LLC 2019/01/24, All Rights Reserved. Published with permission by San Luis Obispo Police Department - 617 Retiree............... 37 FITNESS FOR DUTY OIS................ 69 FOREIGN NATIONALS ........ 287 FORMS Eyewitness identification....... 419 ICE................ 297 G GANGS, EMPLOYEE AFFILIATION ... 170 GRIEVANCES Supervisor authority.......... 14 GROOMING STANDARDS ....... 582 H HANDCUFFING ............ 52 HAZARDOUS MATERIAL ....... 266 HAZARDS .............. 612 HEARING IMPAIRED ......... 212 HELICOPTER ASSISTANCE ...... 306 HIGH-VISIBILITY VESTS ....... 373 HOMELESS ............. 368 I IDENTITY THEFT ........... 199 ILLNESS AND INJURY PREVENTION .. 610 IMMIGRATION AND CUSTOMS ENFORCEMENT (ICE) ......... 294 INFORMATION TECHNOLOGY USE TECHNOLOGY USE .......... 175 INITIATE A PURSUIT ......... 87 INSPECTIONS Illness and injury prevention ... 610, 613 Personal protective equipment..... 613 Vehicles ........... 437, 613 INTERNET ACTIVITY ......... 606 INVESTIGATION AND PROSECUTION . 395 J JAIL RELEASE ............ 283 JURISDICTION OIS................ 66 JURISDICTION Arrest authority............ 9 JURISDICTIONS Vehicle pursuits........... 94 JUVENILE INFORMANTS ....... 414 JUVENILES Citations.............. 285 Use as Informants.......... 414 K KEYS Vehicle.............. 438 KINETIC PROJECTILES ......... 57 L LEG IRONS .............. 53 LEG RESTRAINT ........... 51 LEG RESTRAINTS ........... 53 LIMITED ENGLISH PROFICIENCY Communications center........ 460 Eyewitness identification....... 419 Immigration violations........ 293 LIMITED ENGLISH PROFICIENCY ... 204 M MANUALS .............. 21 MDT/MDC Use................ 438 Vehicles.............. 438 MEAL PERIODS AND BREAKS ..... 568 MEDIA OIS................ 74 MEDICAL Adult involuntary detention...... 130 Examinations – Adult abuse...... 130 Illness and injury prevention...... 610 Leave act (FMLA).......... 525 Opioid overdoses.......... 328 Releases.............. 327 MEDICAL MARIJUANA ........ 353 MEMORANDUMS ........... 27 MINIMUM STAFFING ......... 28 MOBILE AUDIO VIDEO ........ 332 MOBILE AUDIO/VIDEO (MAV) OIS................ 73 MOBILE DIGITAL TERMINAL USE ... 340 MODIFIED-DUTY ASSIGNMENTS ... 601 Pregnancy............. 603 N NONSWORN Vehicles.............. 439 San Luis Obispo Police Department San Luis Obispo PD CA Policy Manual Copyright Lexipol, LLC 2019/01/24, All Rights Reserved. Published with permission by San Luis Obispo Police Department - 618 NOTIFICATIONS Impaired driving........... 385 NUMERICAL FILING ......... 475 O OATH OF OFFICE ........... 13 OC SPRAY .............. 56 OCCUPATIONAL DISEASE AND WORK- RELATED INJURY REPORTING .... 579 OFFICER SAFETY Communications center ..... 460, 461 Crime scene and disaster integrity.... 253 Foot pursuits............ 361 Immigration violations........ 294 LEOSA............... 37 Occupational hazards......... 612 OFFICER-INVOLVED SHOOTING (OIS) .. 66 ORGANIZATIONAL STRUCTURE .... 18 OUTSIDE AGENCY ASSISTANCE .... 189 OUTSIDE EMPLOYMENT ....... 574 Change in Status........... 577 Obtaining Approval......... 574 Prohibited Outside Employment.... 575 Security Employment......... 576 OVERTIME Court............... 188 P PARKING .............. 439 PAT-DOWN SEARCH ......... 307 PEPPER PROJECTILES ......... 56 PEPPER SPRAY ............ 56 PERFORMANCE EVALUATIONS Sick leave............. 526 PERSONAL APPEARANCE ....... 582 PERSONAL PROPERTY ........ 429 Loss Or Damage........... 430 PERSONNEL COMPLAINTS Bias-based policing......... 250 PERSONNEL FILES Purging Of Files........... 551 Types Of Personnel Files....... 549 PERSONNEL RECORDS ........ 547 PHOTOGRAPHS Photo lineups............ 421 PIO ................. 183 POLICY MANUAL ........... 14 POLITICAL ACTIVITY ........ 607 POLITICAL ENDORSEMENTS ..... 607 PRESS INFORMATION OFFICER .... 183 PRIVACY EXPECTATION ....... 608 PRIVACY EXPECTATIONS MDT/MDC............. 340 Unmanned aerial system....... 425 Vehicles.............. 437 PRIVACY EXPECTATIONS, TECHNOLOGY USE ................. 175 PRIVATE PERSONS ARRESTS ..... 200 PROHIBITED SPEECH ......... 606 PROPERTY BUREAU Medical marijuana.......... 357 PROPERTY PROCEDURES Narcotics And Dangerous Drugs.... 464 Property Booking.......... 463 Property Handling.......... 463 Property Release........... 467 PROTECTED INFORMATION Communications center........ 462 PROTECTED INFORMATION, UNAUTHORIZED RELEASE BADGES, PATCHES AND IDENTIFICATION, CONDUCT CONFIDENTIALITY, CONDUCT .... 171 PROTECTIVE CUSTODY Dependent adults.......... 129 PUBLIC RECORDING OF LAW ENFORCEMENT ACTIVITY .............. 317 PUBLIC SAFETY VIDEO SURVEILLANCE 228 PURSUIT INTERVENTION ....... 95 PURSUIT UNITS ............ 89 PURSUITS Foot................ 361 R RAPID RESPONSE AND DEPLOYMENT . 291 REASONABLE SUSPICION ....... 307 RECORDS BUREAU Impaired driving........... 387 RECORDS RELEASE Child deaths............ 150 RECORDS RETENTION Epinephrine auto-injectors....... 329 Illness and injury prevention...... 614 Oath of office............ 13 Personnel records.......... 553 RECORDS UNIT ........... 475 REFLECTORIZED VESTS ....... 373 REPORT CORRECTIONS ........ 182 REPORT PREPARATION ........ 179 REPORTING OF EMPLOYEE CONVICTIONS ................... 519 San Luis Obispo Police Department San Luis Obispo PD CA Policy Manual Copyright Lexipol, LLC 2019/01/24, All Rights Reserved. Published with permission by San Luis Obispo Police Department - 619 RESPONSE TO CALLS ......... 101 RESTRAINTS ............. 51 REVIEWS Complaints of racial- or bias-based profiling 251 Crisis intervention incidents...... 324 Exposures............. 610 Eyewitness identification process - annual. 419 IIPP................ 611 Illness and injury prevention...... 610 Mobile audio/video.......... 250 Policy manual............ 16 UAS............... 425 Use of force - annual......... 50 RIDE-ALONG Eligibility............. 263 ROLL CALL TRAINING ........ 252 S SAFETY Canine............... 438 Communications center........ 457 First responder........... 253 Inspections (occupations)....... 613 Media............... 183 Occupational............ 610 Shotguns.............. 76 SCHOOL EMPLOYEE REPORTING ... 220 SEARCH & SEIZURE ......... 111 SEARCHES Crime scene............ 254 Police vehicle inspections....... 437 SEARCHING Dead Bodies............ 197 SEAT BELTS ............. 543 SECURITY EMPLOYMENT ....... 576 SICK LEAVE ............. 525 SMOKING AND TOBACCO USE .... 533 SOCIAL NETWORKING ........ 605 SPIT HOOD .............. 52 SPIT MASK .............. 52 STAFFING LEVELS .......... 28 STANDARDS OF CONDUCT ...... 168 SUBPOENAS ............. 186 SUBPOENAS AND COURT APPEARANCES 186 SUCCESSION OF COMMAND ...... 18 T TAKE HOME VEHICLES ........ 440 TASER ................ 60 TATTOOS .............. 583 TEAR GAS .............. 56 TIME CARD ............. 573 TIME CARDS ............ 573 TOLL ROADS ............ 443 TRAFFIC FUNCTION AND RESPONSIBILITY ................... 372 TRAFFIC OFFICER/DEPUTY ...... 372 TRAINING AED............... 328 Chaplains............. 226 Dispatcher............. 462 Epinephrine auto-injector....... 330 Firearms.............. 82 Hazardous materials......... 614 Impaired driving........... 387 Occupational safety......... 614 Opioid medication.......... 329 Personnel records.......... 547 Public safety video surveillance..... 231 Shared equipment and supplies..... 190 UAS............... 426 TRAINING SWAT............... 256 TRAINING PLAN ........... 22 TRAINING POLICY .......... 22 TRANSPORT BELTS .......... 53 U UNIFORM REGULATIONS ....... 584 UNIFORMS Chaplains............. 223 Courtroom attire........... 187 UNITY OF COMMAND ......... 18 UNMANNED AERIAL SYSTEM ..... 425 URINE TESTS ............ 385 USE OF FORCE ............ 43 V VEHICLE MAINTENANCE ....... 435 VEHICLE PURSUITS .......... 87 VEHICLES Impound hearings.......... 381 W WASHING OF VEHICLES ....... 436 WATCH COMMANDERS ........ 331