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POLICY MANUALPismo Beach Police Department Pismo Beach PD Policy Manual Copyright Lexipol, LLC 2020/07/16, All Rights Reserved. Published with permission by Pismo Beach Police Department PISMO BEACH POLICE DEPARTMENT - 1 PISMO BEACH POLICE DEPARTMENT Any organization is only as good as its personnel. Here in Pismo Beach, our employees and volunteers are, without question, our most valuable resource. For us to be a professional, effective, and trusted organization we must deliver a consistently superior level of service to the public. The purpose of this policy and procedure manual is to provide you with guidance and direction in order to serve in a manner consistent with community expectations, department values, and modern law enforcement principles and practices. This policy manual is a living document that is subject to constant change. New laws, court decisions, City Council policies, new methodologies and other factors dictate the need for a continual review of these policies, initiating revisions where necessary and appropriate. It must be kept in mind that no set of policies, no matter how complete, can ever address all of the situations we may encounter in policing. Therefore, in those unique situations we depend upon our employees to use reasoned good judgment and discretion consistent with our departmental values, community expectations, and sound law enforcement principles and practices. It is our practice to hire exceptional employees, provide them with excellent training and equipment, and empower them to be effective problem-solvers. It is each employee's responsibility to become familiar with the contents of this manual and to keep it current as updates are made. Upon distribution of this manual, all other existing manuals, orders and regulations that are in conflict are hereby revoked. Jake Miller Chief of Police Pismo Beach Police Department Pismo Beach PD Policy Manual Copyright Lexipol, LLC 2020/07/16, All Rights Reserved. Published with permission by Pismo Beach 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. Pismo Beach Police Department Pismo Beach PD Policy Manual Copyright Lexipol, LLC 2020/07/16, All Rights Reserved. Published with permission by Pismo Beach Police Department MISSION AND VALUE STATEMENT - 3 MISSION AND VALUE STATEMENT Mission Statement "To provide a multi-faceted public safety service that creates an atmosphere and environment in which citizens and visitors enjoy social order and a pleasurable quality of life." Value Statement We believe... •In the value of providing our community with the highest level of professional police services in conformance with the national standards set forth by the Commission on Accreditation of Law Enforcement Agencies. •That our employees are our greatest asset, and we are committed to developing each employee to his or her fullest potential. •In maintaining an organizational climate of inclusion, mutual trust and respect. •That a safe Pismo Beach is reflected in a vibrant business community and a high quality of life for residents and guests. To that end, the Police Department is committed to working in partnership with our businesses and residents to maintain a healthy, vital and enjoyable community. Pismo Beach Police Department Pismo Beach PD Policy Manual Copyright Lexipol, LLC 2020/07/16, All Rights Reserved. Published with permission by Pismo Beach Police Department Table of Contents - 4 Table of Contents PISMO BEACH POLICE DEPARTMENT ................ 1 Law Enforcement Code of Ethics .................. 2 MISSION AND VALUE STATEMENT ................. 3 Chapter 1 - Law Enforcement Role and Authority ............ 9 100 - Law Enforcement Authority ................. 10 102 - Chief Executive Officer ................... 18 104 - Oath of Office ..................... 19 105 - Quality Services Program .................. 20 106 - Policy Manual ..................... 26 Chapter 2 - Organization and Administration ............. 29 200 - Organizational Structure and Responsibility ............ 30 201 - Department Goals and Objectives / Mission and Value Statements ..... 36 202 - Pismo Beach Organizational Chart ............... 39 203 - Planning and Research .................. 41 204 - Written Directives .................... 46 205 - Administrative Reporting System/Form Accountability System ...... 50 206 - Emergency Management Plan ................ 54 207 - Budget/Fiscal Management & Accounting ............. 65 208 - Training Policy ..................... 74 212 - Electronic Mail ..................... 86 214 - Administrative Communications ................ 88 216 - Staffing Levels ..................... 89 218 - License to Carry a Firearm ................. 90 220 - Retiree Concealed Firearms ................. 98 Chapter 3 - General Operations ................. 103 300 - Use of Force ..................... 104 302 - Deadly Force Review ................... 113 306 - Handcuffing and Restraints ................. 116 308 - Control Devices and Techniques ............... 121 309 - Conducted Energy Device ................. 126 310 - Officer-Involved Shootings and Deaths ............. 133 312 - Firearms ....................... 142 314 - Vehicle Pursuits .................... 151 316 - Officer Response to Calls ................. 164 318 - Canines ....................... 167 320 - Domestic Violence .................... 177 322 - Search and Seizure ................... 188 324 - Temporary Custody of Juveniles ............... 193 325 - Prisoner Transportation .................. 204 Pismo Beach Police Department Pismo Beach PD Policy Manual Copyright Lexipol, LLC 2020/07/16, All Rights Reserved. Published with permission by Pismo Beach Police Department Table of Contents - 5 326 - Adult Abuse ...................... 209 328 - Discriminatory Harassment ................. 213 330 - Child Abuse ...................... 218 332 - Missing Persons .................... 226 334 - Public Alerts ...................... 233 336 - Victim and Witness Assistance ................ 238 338 - Hate Crimes ...................... 241 340 - Standards of Conduct ................... 245 342 - Information Technology Use ................. 253 344 - Report Preparation ................... 256 346 - Media Relations .................... 262 348 - Subpoenas and Court Appearances .............. 266 350 - Reserve Officers .................... 269 351 - Agency Jurisdiction and Mutual Aid Assistance ........... 275 352 - Outside Agency Assistance ................. 281 356 - Registered Offender Information ............... 283 358 - Major Incident Notification ................. 286 360 - Death Investigation ................... 288 362 - Identity Theft ..................... 291 363 - LINEUPS AND SHOW-UPS ................. 293 364 - Private Persons Arrests .................. 300 366 - Anti-Reproductive Rights Crimes Reporting ............ 302 368 - Limited English Proficiency Services .............. 304 369 - Automated External Defibrillators ............... 312 370 - Communications with Persons with Disabilities ........... 315 372 - Mandatory Employer Notification ............... 323 374 - Biological Samples ................... 325 376 - Chaplains ...................... 328 380 - Child and Dependent Adult Safety ............... 334 382 - Service Animals .................... 338 389 - Department Use of Social Media ............... 341 390 - Gun Violence Restraining Orders ............... 344 Chapter 4 - Patrol Operations .................. 349 400 - Patrol Function ..................... 350 402 - Bias-Based Policing ................... 353 403 - Second Party Response .................. 356 404 - Briefing Training .................... 358 406 - Crime and Disaster Scene Integrity .............. 359 407 - Homeland Security ................... 361 408 - S.W.A.T. Team ..................... 369 409 - Special Purpose Vehicles ................. 374 410 - Ride-Along Policy .................... 376 411 - Utility Terrain Vehicle Operation ............... 379 412 - Hazardous Material Response ................ 380 414 - Hostage and Barricade Incidents ............... 382 416 - Response to Bomb Calls .................. 387 Pismo Beach Police Department Pismo Beach PD Policy Manual Copyright Lexipol, LLC 2020/07/16, All Rights Reserved. Published with permission by Pismo Beach Police Department Table of Contents - 6 418 - Mental Illness Commitments ................ 392 419 - Mass Arrest Policy .................... 399 420 - Cite and Release Policy .................. 403 422 - Foreign Diplomatic and Consular Representatives .......... 407 424 - Rapid Response and Deployment ............... 411 428 - Immigration Violations .................. 423 430 - Emergency Utility Service ................. 428 432 - Patrol Rifles ...................... 430 435 - Field Training Officer Program ................ 433 437 - Obtaining Air Support ................... 440 439 - Contacts and Temporary Detentions .............. 441 441 - Criminal Organizations .................. 446 443 - Supervisor Expectations and Responsibilities ........... 450 445 - Mobile Audio/Video ................... 454 449 - Portable Audio/Video Recorders ............... 460 451 - Medical Marijuana .................... 465 453 - Bicycle Patrol Unit .................... 470 457 - Foot Pursuits ..................... 474 461 - Automated License Plate Readers (ALPRs) ............ 479 464 - Crisis Intervention Incidents ................. 482 465 - Mobile Digital Terminal Use ................. 487 466 - Public Recording of Law Enforcement Activity ........... 490 467 - Medical Aid and Response ................. 493 468 - Aircraft Accidents .................... 497 Chapter 5 - Traffic Operations .................. 501 500 - Traffic Function and Responsibility .............. 502 501 - Traffic Law Violation Procedure ............... 506 502 - Traffic Collision Reporting ................. 514 503 - Repossessions ..................... 521 505 - Vehicle Stops ..................... 522 507 - Traffic Direction and Control ................ 525 510 - Vehicle Towing and Release ................ 531 512 - Vehicle Impound Hearings ................. 537 514 - Impaired Driving .................... 539 515 - DUI Cost Recovery ................... 547 516 - Traffic Citations ..................... 549 520 - Disabled Vehicles .................... 554 524 - 72-Hour Parking Violations ................. 557 Chapter 6 - Investigation Operations ................ 559 600 - Investigation and Prosecution ................ 560 601 - CRIMINAL INVESTIGATION PROCEDURES ........... 565 602 - Sexual Assault Investigations ................ 575 603 - JUVENILE DIVERSION PROGRAM .............. 581 605 - Secondhand Dealers ................... 582 608 - Informants ...................... 585 Pismo Beach Police Department Pismo Beach PD Policy Manual Copyright Lexipol, LLC 2020/07/16, All Rights Reserved. Published with permission by Pismo Beach Police Department Table of Contents - 7 609 - Vice, Drugs and Organized Crime ............... 591 610 - Eyewitness Identification .................. 594 611 - Sex Offender Registration ................. 598 613 - Brady Material Disclosure ................. 599 Chapter 7 - Equipment .................... 601 700 - Department Owned and Personal Property ............ 602 701 - Flat Badges ...................... 608 702 - Personal Communication Devices ............... 610 703 - Flat Badges ...................... 614 703 - Vehicle Maintenance ................... 616 705 - Vehicle Use ...................... 619 706 - RETIRED PERSONNEL IDENTIFICATION ............ 626 Chapter 8 - Support Services .................. 629 800 - Crime Analysis ..................... 630 802 - The Communications Center ................ 632 803 - Emergency Medical Dispatching ............... 645 804 - Property and Evidence .................. 649 806 - Records Bureau .................... 661 807 - Crime Victim Confidentiality ................. 674 808 - Restoration of Firearm Serial Numbers ............. 677 810 - Records Maintenance and Release .............. 679 811 - Pitchess Motions .................... 688 812 - Protected Information ................... 691 Chapter 9 - Custody ..................... 696 900 - Temporary Custody of Adults ................ 697 902 - Custodial Searches ................... 720 904 - Prison Rape Elimination .................. 725 Chapter 10 - Personnel .................... 735 1000 - Recruitment and Selection ................. 736 1001 - Evaluation of Employees ................. 751 1002 - Performance Improvement Plan ............... 760 1003 - Promotional / Special Assignment Process ............ 765 1005 - Grievance Procedure .................. 770 1009 - Reporting of Employee Convictions .............. 774 1010 - Employee Injury & Death Notification ............. 776 1011 - Drug- and Alcohol-Free Workplace .............. 777 1012 - Residence & Telephone Requirements ............. 782 1013 - Sick Leave ...................... 783 1014 - Light or Modified Duty .................. 785 1015 - Communicable Diseases ................. 787 1017 - Smoking and Tobacco Use ................ 792 1019 - Personnel Complaints .................. 793 1021 - Seat Belts ...................... 805 Pismo Beach Police Department Pismo Beach PD Policy Manual Copyright Lexipol, LLC 2020/07/16, All Rights Reserved. Published with permission by Pismo Beach Police Department Table of Contents - 8 1023 - Body Armor ..................... 807 1025 - Personnel Records ................... 809 1026 - Request for Leave ................... 817 1027 - Request for Change of Assignment .............. 818 1029 - Employee Commendations ................. 819 1031 - Fitness for Duty .................... 820 1033 - Meal Periods and Breaks ................. 823 1034 - Lactation Break Policy .................. 824 1035 - Payroll Records .................... 826 1037 - Overtime Compensation Requests .............. 827 1039 - Outside Employment .................. 829 1041 - Occupational Disease and Work-Related Injury Reporting ....... 834 1042 - Industrial Accidents ................... 836 1043 - Personal Appearance Standards ............... 838 1045 - Uniform Regulations ................... 841 1049 - Nepotism and Conflicting Relationships ............. 847 1050 - Department Badges ................... 850 1053 - Temporary Modified-Duty Assignments ............. 852 1054 - Military Deployment and Reintegration ............. 856 1056 - Employee Speech, Expression and Social Media .......... 860 1058 - Illness and Injury Prevention ................ 864 1059 - Special Assignments and Promotions ............. 869 Attachments ........................ 871 Black and White0344.pdf .................... 872 Commission on Peace Officer Standards and Training Hate Crimes Model Policy 2019.pdf ............................. 873 Pismo Beach Police Department Pismo Beach PD Policy Manual Copyright Lexipol, LLC 2020/07/16, All Rights Reserved. Published with permission by Pismo Beach Police Department Law Enforcement Role and Authority - 9 Chapter 1 - Law Enforcement Role and Authority Policy 100 Pismo Beach Police Department Pismo Beach PD Policy Manual Copyright Lexipol, LLC 2020/07/16, All Rights Reserved. Published with permission by Pismo Beach Police Department Law Enforcement Authority - 10 Law Enforcement Authority 100.1 PURPOSE AND SCOPE The purpose of this policy is to affirm the authority of the members of the Pismo Beach Police Department to perform their functions based on established legal authority. 100.2 POLICY It is the policy of the Pismo Beach 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. 100.3 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.). CALEA 1.2.1 CALEA 1.2.6 CALEA 16.3.1 CALEA 74.3.2 100.3.1 ARRESTS All arrests made by members of this agency will be in accordance with valid authority. Penal Code § 836 states that arrests may be made in obedience to a valid arrest warrant, with reasonable cause on the part of the officer that an offense has been committed justifying an arrest, or as is reasonably necessary to prevent loss of life or serious injury. CALEA 1.2.5 CALEA 1.2.6 CALEA 74.3.2 100.3.2 ARREST AUTHORITY OUTSIDE THE JURISDICTION OF THE PISMO BEACH POLICE DEPARTMENT The arrest authority outside the jurisdiction of the Pismo Beach Police Department includes (Penal Code § 830.1; Penal Code § 836): (a)When the officer has probable cause to believe the person committed a felony. (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. Pismo Beach Police Department Pismo Beach PD Policy Manual Law Enforcement Authority Copyright Lexipol, LLC 2020/07/16, All Rights Reserved. Published with permission by Pismo Beach Police Department Law Enforcement Authority - 11 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. 100.3.3 ARREST AUTHORITY INSIDE THE JURISDICTION OF THE PISMO BEACH POLICE DEPARTMENT The arrest authority within the jurisdiction of the Pismo Beach 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. 100.3.4 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: 1.A misdemeanor committed in the presence of the officer. 2.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. (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. 100.3.5 OREGON AUTHORITY Sworn members of this department who enter the state of Oregon in order to provide or attempt to provide law enforcement assistance have Oregon peace officer authority within 50 miles from the California-Oregon border (ORS 133.405). Such authority shall only apply when officers are acting: Pismo Beach Police Department Pismo Beach PD Policy Manual Law Enforcement Authority Copyright Lexipol, LLC 2020/07/16, All Rights Reserved. Published with permission by Pismo Beach Police Department Law Enforcement Authority - 12 (a)In response to a request for law enforcement assistance initiated by an Oregon sheriff, constable, marshal, municipal police officer or member of the Oregon State Police. (b)In response to a reasonable belief that emergency law enforcement assistance is necessary to preserve life, and circumstances make it impractical for Oregon law enforcement officials to formally request assistance. (c)For the purpose of assisting Oregon law enforcement officials with emergency assistance in response to criminal activity, traffic accidents, emergency incidents or other similar public safety situations, regardless of whether an Oregon law enforcement official is present at the scene of the incident. Pismo Beach Police Department officers have no authority to enforce Oregon traffic or motor vehicle laws. Whenever practicable, officers should seek permission from a department supervisor before entering Oregon to provide law enforcement services. As soon as practicable, officers exercising law enforcement authority in Oregon shall submit any appropriate written reports concerning the incident to the Oregon agency having primary jurisdiction over the area in which the incident occurred. 100.4 DISCRETION All members of the Pismo Beach Police Department are authorized to use discretion in the performance of their duties. Agency members will use sound discretion during the performance of their duties to take the appropriate course of action which will produce the best possible results for the action at hand. (a)Discretionary Power: 1.Discretionary power is the power of free decision or latitude of choice within certain legal bounds. When this power is improperly exercised, discretionary power may be viewed by the public as favoritism, bias, or corruption. 2.Discretionary action shall never in any way be based upon or influenced by race, color, religion, ethnicity, national origin, sex, sexual orientation, age or disability of any person. 3.It is imperative that employees consider the goals and objectives of this agency when exercising discretionary power, the best interest of the public they serve, any mitigating circumstances, and the volatility of the situation at hand. 4.The language in Penal Code §§ 836 and 837 specifically state that officers may make an arrest under certain circumstances which would constitute a legal arrest. The decision to effect an arrest shall rest with the officer, unless a superior officer has made the decision or the law mandates the arrest. The standard for making any arrest is that it must be reasonable and prudent. In all cases, the officer should be able to justify the course of action he /she has chosen. Under Pismo Beach Police Department Pismo Beach PD Policy Manual Law Enforcement Authority Copyright Lexipol, LLC 2020/07/16, All Rights Reserved. Published with permission by Pismo Beach Police Department Law Enforcement Authority - 13 certain circumstances a verbal warning may be the most appropriate method for resolving an incident. CALEA 1.2.5 CALEA 1.2.7 (b)Alternatives to booking following an arrest: 1.Citation Release: Penal Code § 827.1 allows an individual named in misdemeanor arrest warrants to be cited instead of taking them into physical custody unless certain conditions exist. 2.Notice to Appear: Juvenile offenders may be released either in the field or from the patrol station to their parent or legal guardian. In such cases a Notice to Appear shall be completed and forwarded to the department's diversion officer or Juvenile Probation Office. 3.Submit Report to District Attorney: In some cases it will be appropriate to prepare an official report and submit it to the District Attorney's Office seeking a complaint to obtain an arrest warrant. This method should not be used if leaving the involved parties at the scene of the incident will place them in danger of personal injury or lead to the continuation of the problem. 4.Take Immediately Before a Magistrate: The law allows that the subject of a warrant can be brought immediately before the issuing magistrate without delay. If the subject is taken directly to court the booking process will be postponed until a later date if applicable. 5.Release from Custody: Penal Code § 849(b) states that instead of taking the person before a magistrate, any peace officer may release from custody, any person arrested without a warrant whenever: (a)There are insufficient grounds for making a criminal complaint against the person arrested. (b)The person arrested was arrested for intoxication only and no further proceedings are desirable. (c)The person was arrested only for being under the influence of a controlled substance or drug and such person is delivered to a facility or hospital for treatment and no further proceedings are desirable. (d)§§ 5150 and 5170 W&I: The Welfare and Institutions Code states that a peace officer may refer a patient to a hospital for observation and treatment as a result of an observed mental condition or disability due to being inebriated that renders the subject a threat to himself/herself or others. CALEA 1.1.3 (e)Miscellaneous Reasons: Any alternative to arrest that is legal, ethical, and can be justified by the officer may be considered appropriate. CALEA 1.1.3 CALEA 1.2.6 Pismo Beach Police Department Pismo Beach PD Policy Manual Law Enforcement Authority Copyright Lexipol, LLC 2020/07/16, All Rights Reserved. Published with permission by Pismo Beach Police Department Law Enforcement Authority - 14 100.5 CONSTITUTIONAL REQUIREMENTS All employees shall observe and comply with every person's clearly established rights under the United States and California Constitutions. All contacts, investigations and processes whereby officers actively seek information from victims, witnesses and suspects shall be conducted in ways which assure the protection of individual rights and privileges guaranteed by law and Department policy and procedure. Officers shall ensure that their processing of arrestees and case work involving arrestees or cases where complaints will be sought is done in a manner which does not jeopardize requirements for timely charging, arraignment and prosecution. CALEA 1.2.5 This General Order establishes policy and procedure relative to interviewing and interrogating individuals in accordance with law. CALEA 1.2.3 CALEA 44.2.2 c 100.5.1 DEFINITIONS Interview: The process by which information is obtained from a person contacted during a police investigation. Interrogation: The process of questioning designed to obtain an admission or confession from a person suspected of a crime. 100.5.2 EXPRESSLY PROHIBITED ACTIVITIES Expressly prohibited activities include: (a)Obtaining involuntary confessions or admissions through the use of coercion, threats or other inappropriate means. (b)When interrogation is expected to occur, deliberately failing to advise suspects of their "Miranda" rights. (c)Depriving the defendant of his/her right to counsel. (d)Causing the release of pretrial publicity which would lessen the likelihood of a fair trial. (e)Causing unnecessary delays in the booking or court processes. CALEA 1.2.3 100.5.3 INTERVIEWS (a)General When an officer has not arrested an individual or otherwise taken an individual into custody in a manner which restricts the individuals freedom or ability to discontinue the conversation, the officer may ask whatever questions are necessary and pertinent. When there is no custody, the law places no restrictions on questioning. In other words, an unrestricted situation occurs when an officer talks to an individual in a voluntary, non-custodial setting. CALEA 1.2.3 1.The ideal location for an interview cannot always be selected. However, whenever possible, officers should strive to conduct interviews at places Pismo Beach Police Department Pismo Beach PD Policy Manual Law Enforcement Authority Copyright Lexipol, LLC 2020/07/16, All Rights Reserved. Published with permission by Pismo Beach Police Department Law Enforcement Authority - 15 consistent with the needs of the circumstance and victim. Officers should strive to conduct low-pressure and informal interviews. When interviews must be conducted in adverse conditions (e.g., weather conditions, noisy or hostile crowd, etc.), officers should use tactics and forms of questioning designed to elicit information as quickly as possible. (b)Tape Recording Tape recording interviews is strongly encouraged when possible. A tape recording of an interview offers the best evidence of the conversation. It can often be used to clarify, support or impeach the statement of one of the interview parties. (c)Field Interviews Field interviews should be used only in the pursuit of legitimate goals of the department and not to harass any individual. The Field Interview Card (Form FIPD) should be used to document field interviews and information gathered in such interviews. Field Interview Cards should be completed in the following Situations: 1.The person contacted is a known suspect in a reported crime and additional information may be needed to complete an ongoing investigation. 2.The person contacted is a possible suspect in a crime or his/her physical description matches the suspect in a specific crime. A photograph may be taken for identification or elimination purposes. 3.The person committed a minor infraction in the officer's presence and was warned. 4.The subject was engaged in suspicious activity which caused the officer's attention to be focused upon him/her. Examples of such activity would include, but not be limited to, loitering around a known drug spot without apparent reason, erratic driving, attempting to hide from or evade the officer etc. 5.Field Interview Cards should be filled out completely and legibly and turned into the record for routing and filing. CALEA 1.2.3 CALEA 44.2.2 c 100.5.4 INTERROGATIONS (a)Voluntariness: No attempts shall be made to obtain verbal or written statements by force, coercion, threats or other inappropriate means. If a suspect indicates at any time prior to or during questioning that he/she wishes to remain silent or that he/she wants an attorney, all interrogation for evidence of guilt must cease. (b)Inherent Coercion: Courts, in holding a statement involuntary, have looked upon the following situations or characteristics as being examples of "inherently coercive" situations: 1.Physical abuse or threat of such abuse. Extended period of incommunicado in which the accused is held without any contact or interaction. Pismo Beach Police Department Pismo Beach PD Policy Manual Law Enforcement Authority Copyright Lexipol, LLC 2020/07/16, All Rights Reserved. Published with permission by Pismo Beach Police Department Law Enforcement Authority - 16 2.Unwillingness to permit the accused appropriate access to an attorney, family or friends, especially when such individuals make efforts to contact the accused subject. 3.Severe physical conditions under which the accused is interrogated. (c)Warning of Rights and Waivers: The law requires that before any interrogation, an accused, in-custody subject is entitled to be warned of his/her right to remain silent and his/her right to an attorney. Failure to provide such a warning renders the results of the interrogation (confession or admission) subject to exclusion. Both the right against self- incrimination and the right to counsel may be waived. However, giving the warnings (and obtaining a valid waiver) is an appropriate way for an officer to discharge his/her responsibility in this regard. 1.A person must be advised of the names and official identity of the interviewing officer(s). In addition, he/she must be informed of the offense for which he/she was arrested (Penal Code § 841) or the nature of the inquiry being conducted. Warnings that must be given, in person, before the interview are rights set forth below: (a)You have the right to remain silent. (b)Anything you say may be used against you in court. (c)You have the right to the presence of an attorney before and during questioning. (d)If you cannot afford to hire an attorney, one will be appointed for you free of charge, before any questioning, if you want. 2.In addition to the requirement to allow representation of an attorney prior to any questioning, Penal Code § 825 requires that officers having charge of prisoners allow subjects in custody to have visits by attorneys who properly identify themselves as such and who have been requested to contact the subject by either the subject or any relative of the subject. 3.Note: Before a statement can be admitted into evidence, the State must prove the suspect fully understood the warnings and freely decided to answer questions. A subject who remains silent after receiving warnings has not agreed to be questioned. Therefore, following each warning question, the following question should be asked: Do you understand? 4.Officers should, whenever possible, use DA Form #9 or the Pismo Beach Police Department "Miranda Warning" form during questioning. (d)All juveniles must be advised of their rights whether or not they are going to be questioned or interrogated. The law does not require that they be advised of their rights Pismo Beach Police Department Pismo Beach PD Policy Manual Law Enforcement Authority Copyright Lexipol, LLC 2020/07/16, All Rights Reserved. Published with permission by Pismo Beach Police Department Law Enforcement Authority - 17 immediately upon arrest as long as the advisement is provided sometime during their custody and/or before any questioning. CALEA 1.2.3 c CALEA 44.2.2 c 100.6 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 102 Pismo Beach Police Department Pismo Beach PD Policy Manual Copyright Lexipol, LLC 2020/07/16, All Rights Reserved. Published with permission by Pismo Beach Police Department Chief Executive Officer - 18 Chief Executive Officer 102.1 PURPOSE AND SCOPE The POST (Peace Officer Standards & Training) Commission has determined that all sworn officers and dispatchers employed within the State of California shall receive certification by POST within prescribed time periods. 102.1.1 CHIEF EXECUTIVE OFFICER REQUIREMENTS Any chief executive officer of this agency 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. Policy 104 Pismo Beach Police Department Pismo Beach PD Policy Manual Copyright Lexipol, LLC 2020/07/16, All Rights Reserved. Published with permission by Pismo Beach Police Department Oath of Office - 19 Oath of Office 104.1 PURPOSE AND SCOPE The purpose of this policy is to ensure that oaths, when appropriate, are administered to department members. 104.1.1 CODE OF ETHICS Upon employment, all employees shall be required to affirm their commitment to the Law Enforcement Code of Ethics by reading and signing the department's Code of Ethics Affirmation form. This form will be maintained in the employee's personnel file. CALEA 1.1.2 104.1.2 CIVILIAN LOYALTY OATH/AFFIRMATION Upon employment, all civilian employees shall be requred to affirm their committment to the loyalty oath of the City of Pismo Beach by reading and signing the City's Loyalty Oath/Affirmation form thereby affirming to support and defend the Constitution of the United States and the Constitution of the State of California. This form will be maintained in the employee's personnel file. CALEA 1.1.1 104.2 POLICY It is the policy of the Pismo Beach 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. 104.3 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.” 104.4 MAINTENANCE OF RECORDS The oath of office shall be filed as prescribed by law (Government Code § 3105). Policy 105 Pismo Beach Police Department Pismo Beach PD Policy Manual Copyright Lexipol, LLC 2020/07/16, All Rights Reserved. Published with permission by Pismo Beach Police Department Quality Services Program - 20 Quality Services Program 105.1 PURPOSE AND SCOPE Consistent with the Mission, Goals and Values of the Pismo Beach Police Department, it is the policy of the Police Department to conduct a Quality Services Program to ensure that it continually provides a high level of effective and efficient public safety related services which meets the needs of the community. An effective quality control program is an essential mechanism for evaluating the quality of the Department's operations, ensuring that the agency's goals and objectives are being pursued, identifying the need for additional resources, ensuring that accountability is maintained throughout the Department, and providing information necessary to plan for change. 105.2 PROCEDURE 105.2.1 DEPARTMENT PERFORMANCE The Police Department's Quality Services Program has been structured to evaluate a wide range of indicators of Department performance. These indicators include: (a)Community feedback, (b)Risk management, (c)Individual performance review, and (d)Internal audits and inspections. 105.2.2 COMMUNITY FEEDBACK The Department should actively solicit feedback from those persons whom it serves. This information will be evaluated by the Department to determine: (a)The overall quality of the service delivery system, (b)Strengths and weaknesses in policy and procedure, and (c)The adherence of the Department and its members to its Missions, Goals and Values. The results of the feedback are compiled and a written summary is provided to the Chief of Police CALEA 45.2.5 105.2.3 METHODS FOR COMMUNITY RESPONSE The Department may send quality service letters (questionnaires) to randomly selected persons who either requested a police response or who were contacted by the Department. Pismo Beach Police Department Pismo Beach PD Policy Manual Quality Services Program Copyright Lexipol, LLC 2020/07/16, All Rights Reserved. Published with permission by Pismo Beach Police Department Quality Services Program - 21 105.2.4 RISK MANAGEMENT (a)The Department will maintain a Risk Management Program to: 1.Reduce the potential for injuries to Departmental employees and the public, 2.Reduce accidents and job related illnesses, involving Department employees, 3.Minimize City liability due to employee involved incidents, 4.Identify training, policy and procedural implications and recommend appropriate actions through the review and critique of major incidents, and 5.Improve the Department's overall effectiveness and efficiency. (b)The Risk Management Program will be conducted as delineated in Policy Manual § 1042 105.2.5 EMPLOYEE PERFORMANCE REVIEW Supervisory feedback to the employee is essential for effective employee performance. Such feedback should be timely and relevant. The Employee Performance Review Program will be used by supervisors for this purpose. Information documented in this program will be utilized in developing Annual Performance Evaluations. 105.2.6 INTERNAL AUDITS AND INSPECTIONS (a)Internal audits and inspections will be conducted as needed to ensure compliance with the policy and purpose of this General Order. (b)Audits 1.Personnel Complaints - The Chief of Police will continually audit personnel complaints and civil claims regarding the Police Department for: (a)The need to evaluate and/or modify Department policies and/or procedures, (b)Training issues/deficiencies, (c)Identification of employee attitudes and/or values in conflict with the Department's Mission, Goals and Values, and (d)A history or pattern of misconduct on the part of an employee which may indicate the necessity for a Fitness-For-Duty Evaluation. 2.Should the Chief of Police identify an issue as listed in 1) above, he/she shall initiate the necessary actions to correct the situation. 3.Criminal Complaint Rejections - All supervisors will ensure that rejections of criminal complaint applications by the District Attorney's Office are reviewed and evaluated for: Pismo Beach Police Department Pismo Beach PD Policy Manual Quality Services Program Copyright Lexipol, LLC 2020/07/16, All Rights Reserved. Published with permission by Pismo Beach Police Department Quality Services Program - 22 (a)Policy and procedure implications/deficiencies, (b)Training deficiencies, and/or (c)Performance issues. 4.Training Audit - The Training Sergeant or Chief's designee shall annually audit the Department's Training Program to ensure: (a)The Department's Training Policy is being adhered to, (b)All mandated training is being conducted, (c)The required proficiency training is being conducted, (d)All Department personnel are being given the training necessary to accomplish their tasks in a competent manner, (e)Remedial/refresher training is being assigned as necessary, and (f)All Department employees are receiving equal consideration to attend training programs for career enhancement. 5.State/Local Mandated Audits - The Department will assist and cooperate with those State/local agencies that are mandated to conduct audits of Department programs/activities. These include the following: (a)POST (Recruitment and Training) (b)D.O.J. - C.O.R.I. Audit (c)Youth Authority - Detention of Juveniles (d)Department of Corrections - Operation of Detention Facility (e)State Fire Marshall - Operation of Detention Facility (f)County Health Department - Operation of Detention Facility (g)County Grand Jury 6.The Department will address all issues developed in mandated audits in a timely manner and will correct any identified deficiencies as soon as possible. (c)Inspections (a)Periodic Equipment Inspections - Watch Commanders/supervisors will conduct equipment inspections of their personnel: CALEA 53.1.1 b (a)Compliance with basic agency policies and procedures, (b)The proper functioning of equipment, (c)That personnel are equipped with only Department authorized equipment, and Pismo Beach Police Department Pismo Beach PD Policy Manual Quality Services Program Copyright Lexipol, LLC 2020/07/16, All Rights Reserved. Published with permission by Pismo Beach Police Department Quality Services Program - 23 (d)A proper appearance by watch personnel which conforms with the Standards of Appearance policy. (b)Should the Watch Commander/supervisor detect any deficiency, he/she should take immediate steps to correct the situation. It is the supervisor's responsibility to ensure officers maintain their equipment in proper order and account for their equipment. CALEA 53.1.1 c (c)The results of such inspections will be documented on the Equipment Inspection form and maintained in the officer's supervisory file. (a)Should the result of a Watch Inspection necessitate the need for formal employee counseling, the counseling session should be documented on a Supervisor's Report. CALEA 53.1.1 d (d)Station Inspections - Watch Commanders shall daily conduct an inspection of the police facility including the detention facility. Any deficiencies will be noted on a memorandum to the Division Commander. The times of the station inspection will be noted on the Watch Commander Log. CALEA 53.1.1 a, b, d (a)The Watch Commander should ensure deficiencies which can be addressed immediately are resolved. (b)The Commander will see that those deficiencies requiring outside attention are directed to the appropriate personnel responsible for the area in which the deficiency was noted. CALEA 53.1.1 c (e)Vehicle Inspections - Patrol personnel shall inspect their assigned vehicle daily prior to going into service. (a)Any deficiencies will be addressed as soon as possible and documented for repair. Any vehicle unsafe to drive will be taken out of service until the defect is repaired. (b)Patrol personnel will complete the daily vehicle inspection slip and place it in the mechanics wall tray. (c)Supervisors are responsible for conducting random vehicle inspections and insuring police vehicles are kept in a clean condition and all required equipment and supplies are maintained in the vehicles. Supervisors will conduct at minimum, thorough vehicle inspections at each shift change. CALEA 70.1.2 CALEA 53.1.1 a, b, c, d (f)Miscellaneous Inspections - The Chief of Police may direct that an inspection be conducted as he/she deems appropriate and/or necessary. Such inspections may include, but are not limited to: (a)Uniform inspections, Pismo Beach Police Department Pismo Beach PD Policy Manual Quality Services Program Copyright Lexipol, LLC 2020/07/16, All Rights Reserved. Published with permission by Pismo Beach Police Department Quality Services Program - 24 (b)Department equipment issued to personnel, (c)General issue equipment, and/or (d)Work stations. CALEA 53.1.1 b (g)Follow-up Corrective Reports - Follow-up and corrective action reports will be generated by the responsible supervisor, when required, and forwarded as appropriate. CALEA 53.1.1 e 105.2.7 STAFF INSPECTIONS (a)Responsibility for Staff Inspections (CALEA 53.2.1a) 1.Staff inspection is a process by which a review is conducted of all department administrative and operational activities, facilities, property, equipment, and personnel outside the normal supervisory line inspections. These inspections are not limited to persons but also include all physical resources and facilities used by the department. The Support Services Commander or any other employee(s) as assigned by the Chief shall be responsible for conducting a formal staff inspection. (b)Staff Inspection Procedure (CALEA 53.2.1b) 1.The staff inspection will be conducted in an open manner with the full cooperation and knowledge of those department functions being inspected. The inspector will be given access to all department facilities and records, and may conduct interviews, or inspections of documents and equipment as deemed necessary. The general areas of inspection will include; Workload of the Unit, Staffing levels, Equipment, General Facilities, Training, Supervision, and Procedures pertinent to the unit. 2.The following department components will be inspected using a Pismo Beach Police Department Staff Inspection Checklist for each component: (a)Uniform Patrol Division (b)Criminal Division (c)Juvenile Division (d)Communications Section (e)Records Section (f)Property/Evidence Section (g)Special Operations Sections (h)General Administrative Division (c)Staff Inspection Written Report (CALEA 53.2.1c) Pismo Beach Police Department Pismo Beach PD Policy Manual Quality Services Program Copyright Lexipol, LLC 2020/07/16, All Rights Reserved. Published with permission by Pismo Beach Police Department Quality Services Program - 25 (a)A written staff inspection report will be completed by the inspecting employee(s) which will identify deficiencies and make recommendations for improvement and / or correction. Positive aspects of the inspection will also be noted to provide feedback to department personnel concerning activities, reports, or functions which are found to be in compliance with department policy and accreditation standards. The Pismo Beach Police Department Staff Inspection Checklists will be attached together (8 pages total), and forwarded to the Chief of Police, with a copy to the Accreditation Manager. (d)Staff Inspection Follow-up (CALEA 53.2.1d) (a)A follow up inspection will be conducted at the request of the Chief of Police, and documented in a written report for any noted deficiencies that cannot be immediately corrected. Copies of any or all follow-up inspections are to be forwarded to the Chief and Accreditation Manager. (e)Periodic Staff Inspections (CALEA 53.2.1e) (a)A full staff inspection will be conducted at least once every three years within all organizational components, which may be accomplished through interviews, observations, inspection documents, or any combination thereof. The completed report, (all checklists) including follow-up shall be forwarded to the Chief of Police, with a copy to the Accreditation Manager. Policy 106 Pismo Beach Police Department Pismo Beach PD Policy Manual Copyright Lexipol, LLC 2020/07/16, All Rights Reserved. Published with permission by Pismo Beach Police Department Policy Manual - 26 Policy Manual 106.1 PURPOSE AND SCOPE The manual of the Pismo Beach 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. 106.2 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. CALEA 12.2.1 106.2.1 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 Pismo Beach 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 Pismo Beach Police Department reserves the right to revise any policy content, in whole or in part. CALEA 12.2.1 106.3 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 Interim Directives, which shall modify those provisions of the manual to which they pertain. Interim Directives shall remain in effect until such time as they may be permanently incorporated into the manual. CALEA 12.2.1 106.3.1 DISTRIBUTION OF MANUAL A computerized version of the Policy Manual will be made available on the Department network for access by all employees. The computerized version will be limited to viewing and printing of specific sections. No changes shall be made to the electronic version without authorization. Pismo Beach Police Department Pismo Beach PD Policy Manual Policy Manual Copyright Lexipol, LLC 2020/07/16, All Rights Reserved. Published with permission by Pismo Beach Police Department Policy Manual - 27 106.4 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). CHP- The California Highway Patrol. CFR - Code of Federal Regulations. City - The City of Pismo Beach. Non-sworn - Employees and volunteers who are not sworn peace officers. Department/PBPD - The Pismo Beach 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 Pismo Beach Police Department Policy Manual. May - Indicates a permissive, discretionary or conditional action. Member - Any person employed or appointed by the Pismo Beach Police Department, including: •Full- 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 Pismo Beach 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. Pismo Beach Police Department Pismo Beach PD Policy Manual Policy Manual Copyright Lexipol, LLC 2020/07/16, All Rights Reserved. Published with permission by Pismo Beach Police Department Policy Manual - 28 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. 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. CALEA 12.2.2 CALEA 33.7.1 106.5 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 Interim Directives. Members shall seek clarification as needed from an appropriate supervisor for any provisions that they do not fully understand. 106.6 PERIODIC REVIEW OF THE POLICY MANUAL The Chief of Police will ensure that the Policy Manual is periodically reviewed and updated as necessary. 106.7 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 Division 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 Division Commanders, who will consider the recommendations and forward them to the command staff as appropriate. Pismo Beach Police Department Pismo Beach PD Policy Manual Copyright Lexipol, LLC 2020/07/16, All Rights Reserved. Published with permission by Pismo Beach Police Department Organization and Administration - 29 Chapter 2 - Organization and Administration Policy 200 Pismo Beach Police Department Pismo Beach PD Policy Manual Copyright Lexipol, LLC 2020/07/16, All Rights Reserved. Published with permission by Pismo Beach Police Department Organizational Structure and Responsibility - 30 Organizational Structure and Responsibility 200.1 PURPOSE AND SCOPE The management of a police organization requires a clearly defined structure of command. It is essential that every employee understand the Department's organization and which responsibilities they are accountable to fulfill relative to employees of different rank. The organizational structure of this agency is designed to create an efficient means to accomplish our mission and goals and to provide for the best possible service to the public. It is the policy of the Police Department that each unit within the organization will be directly under the supervision of a command officer and supervision is properly directed and controlled. The following directive will ensure that the responsibility assigned to each member of this agency is given commensurate authority to fulfill his/her assignment. Members will be held accountable for the use of delegated authority granted him/her. In order to define and maintain clear lines of authority, responsibility, and communication, the following directive establishes the command succession protocol to ensure leadership is available. The purpose of this directive is to clarify authority and ensure uninterrupted leadership designation, authority and accountability. CALEA 11.1.1 200.1.1 CHIEF OF POLICE The Chief of Police is appointed by the City Manager with confirmation of the City Council, under provisions of § 2.08.050 of the City of Pismo Beach Municipal Code. The Chief of Police shall be the chief executive officer of the Police Department and is responsible for planning, organizing, controlling and directing the personnel and resources of the Department. The Chief of Police shall serve as the agency contact with the City of Pismo Beach's Personnel Officer in matters regarding the City's classification plan. The Chief of Police shall be responsible for the execution of all laws and ordinances and the rules governing the Police Department. The Chief of Police shall have the power to issue such orders to the Police Department as may be deemed proper. CALEA C 3.1.3 Additional responsibilities include: Maintaining the integrity of the Department and investigating all complaints against police employees, coordinating and implementing crime-prevention activities, relaying public information by maintaining open communications and relationships with local media personnel, and the administration of the Department's national accreditation program. The Chief of Police will biennially review the Department organizational structure as a part of the biennial budget process to ensure operational efficiency and effectiveness, appropriate spans of control and delegated responsibility.CALEA 12.1.1 Pismo Beach Police Department Pismo Beach PD Policy Manual Organizational Structure and Responsibility Copyright Lexipol, LLC 2020/07/16, All Rights Reserved. Published with permission by Pismo Beach Police Department Organizational Structure and Responsibility - 31 200.1.2 DEPARTMENT ORGANIZATION In addition of the Office of the Chief of Police, the Department has two divisions: Operations and Support Division. Each division is under the direct command of a Division Commander who reports directly to the Chief of Police. The organizational structure of the Police Department is available to all personnel through the reference copies of the Department Policy Manual within each office and through the department's intranet. CALEA 11.1.1 200.1.3 OPERATIONS DIVISION The Operations Division is commanded by a Commander whose primary responsibility is to provide general management direction and control for the Operations Division. The Operations Division is responsible for providing all uniform police services to the community. Its primary function includes responding to criminal activity and calls for service in an effective and timely manner and providing crime suppression and prevention activities. Within the division reside the Traffic Unit, Unusual Occurrences/Special Operations, which includes the San Luis Obispo Regional S.W.A.T Team, Reserve Officers, Volunteer Patrol, Holding Facility and Patrol. CALEA 11.1.1 200.1.4 SUPPORT DIVISION The Support Division is commanded by a Commander whose primary responsibility is to provide general management direction and control for that division. The Support Division consists of Administration, Investigations, Downtown/Beach Special Problems Unit, Emergency Preparedness Planning Function, Support Services (Communications and Records), Internal Affairs and DARE/Crime Prevention/SRO. CALEA 11.1.1 200.2 CHAIN OF COMMAND The precedence of rank in descending order is: •Chief of Police •Commander •Sergeant* •Corporal •Officer/Employee * Non-sworn employees assigned to supervisory positions will exercise the same authority and responsibility over their work area as that of a sworn supervisor in the same capacity. CALEA 12.1.2 Pismo Beach Police Department Pismo Beach PD Policy Manual Organizational Structure and Responsibility Copyright Lexipol, LLC 2020/07/16, All Rights Reserved. Published with permission by Pismo Beach Police Department Organizational Structure and Responsibility - 32 200.2.1 EXTENDED ABSENCE OF THE CHIEF OF POLICE For anticipated absences for extended periods, the Chief of Police will designate in writing an acting Chief of Police. The person the person acting in the Chief's capacity shall assume and be vested with the authority and responsibility of the Office of the Chief of Police, including the authority to approve personnel actions involving transfers, disciplinary matters, etc., unless that authority is prohibited in a written directive. 200.3 COMMAND PROTOCOL 200.3.1 SUCCESSION OF COMMAND In the absence of the Chief of Police, or in the event of an emergency or exceptional situations, and until the Chief of Police can be notified, the highest ranking on-duty sworn Officer will assume command. Unless otherwise designated, that order will be: •Commander, Operations Division •Commander, Support Division •On-duty Sergeant, Operations Division •On-duty Sergeant, Investigations Bureau •On-duty Corporal, Operations Division •Any other on-duty sworn member in order of the highest seniority If two personnel of the same classification are on duty at the same time, the supervisor with the most seniority in grade will assume command. Such assignment will remain in effect during the absence of the Chief of Police, and the person acting in the Chief's capacity shall assume and be vested with the authority and responsibility of the Office of the Chief of Police. The officer-in-charge, however, does not have the authority to approve personnel actions involving transfers, disciplinary matters, etc., unless that authority is expressed in a written directive. When Operations Division and Investigative personnel are at the same scene simultaneously, the Operations staff shall be in charge, except in the case of a major crime scene or search, where the Investigations Bureau may assume command. Assumption of command shall be a conscious action, communicated between each of the involved parties. CALEA 12.1.2 200.3.2 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., K-9, SWAT), any supervisor may temporarily direct any subordinate if an operational necessity exists. Pismo Beach Police Department Pismo Beach PD Policy Manual Organizational Structure and Responsibility Copyright Lexipol, LLC 2020/07/16, All Rights Reserved. Published with permission by Pismo Beach Police Department Organizational Structure and Responsibility - 33 200.3.3 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. CALEA 12.1.3 200.3.4 RESPONSIBILITY FOR USE OF AUTHORITY (a)The success of the organization requires that responsibility is accompanied by necessary authority. Authority to execute the required activity of the organizational component is delegated by the Chief through the command structure to individual employees. At every level of the organization, employees are entrusted with the authority to make decisions necessary for the effective execution of their responsibilities. CALEA 11.3.1 a (b)The Chief is ultimately responsible for the performance of the organization. To assist the Chief in accomplishing the goals and objectives of the agency, members are delegated authority to perform the duties of their assignment. CALEA 11.3.1 a (c)Each member, by virtue of his/her position in the agency, shall be held accountable for his/her overall performance as well as the use or failure to use this delegated authority in accomplishing the responsibilities of their position. CALEA 11.3.1 b 200.3.5 COMMAND OF ORGANIZATIONAL COMPONENTS (a)Each division, bureau, section, or unit of this agency is under the direct command of only one supervisor. CALEA 11.2.2 (b)Whenever two or more employees of the same rank are on duty and supervising the same area of responsibility within this agency, the chain of command will be determined according to time and rank in grade, except when otherwise designated by a superior officer 1.Time in grade is determined by the length of time within a given grade as determined by appointment date to that specific grade. 2.Rank in grade is determined by the actual placement on a promotion test when more than one person is promoted on the same date. 200.4 DEPARTMENT STAFF GROUPS The Department has several meeting groups within the two divisions. Each staff group is expected to hold regular meetings to enhance communication, coordination and cooperation among all agency functions. The purpose of this is to encourage and support the exchange of information between specialized and support work-groups within the department for the purpose of enhancing and coordinating the department's mission and activities. 200.4.1 COMMAND STAFF The Command Staff will be comprised of the following personnel: Pismo Beach Police Department Pismo Beach PD Policy Manual Organizational Structure and Responsibility Copyright Lexipol, LLC 2020/07/16, All Rights Reserved. Published with permission by Pismo Beach Police Department Organizational Structure and Responsibility - 34 •Chief of Police •Commander, Operations Division •Commander, Support Division Command Staff meetings will generally be held weekly, or at the direction of the Chief of Police. 200.4.2 MANAGEMENT TEAM The Management Team is comprised of the Command Staff, all Police Sergeants and the Support Services Supervisor. Management Team meetings will generally be held at the direction of the Chief of Police. 200.4.3 DIVISION AND DEPARTMENT MEETINGS Division meetings will generally be held at least quarterly by the division Commander. Department meetings will be held as required by the Chief of Police. 200.4.4 CROSS-FUNCTION COMMUNICATIONS To facilitate and enhance an effective flow of communications across organizational lines the following strategies will be followed; •All supervisors and command staff will ensure utilization of the department's in-house email system to relay information affecting other bureaus within the organization. •The daily Watch Commander's log will be disseminated electronically throughout the Operations and Support Divisions. •Supervisors are encouraged to meet regularly with their peers in other divisions/ bureaus to facilitate the exchange of information. This includes attendance at shift change briefings. CALEA 12.1.4 200.5 SPAN OF CONTROL (a)Command officers in this agency are given specific areas of assignment over which they are in command at all times. Command officer are considered members of the department holding the rank of Commander or above. (b)Supervisors shall not have under their immediate control an excessive number of employees as determined by the Chief for effective direction, coordination, and control. This number will be determined on a case by case basis according to the scope of activity taking place under the immediate control of a single supervisor. 200.5.1 SUPERVISORY ACCOUNTABILITY (a)Supervisors will be held accountable for the activity of the employees under their immediate supervision. Although supervisors may free themselves of an actual Pismo Beach Police Department Pismo Beach PD Policy Manual Organizational Structure and Responsibility Copyright Lexipol, LLC 2020/07/16, All Rights Reserved. Published with permission by Pismo Beach Police Department Organizational Structure and Responsibility - 35 performance of a given task through delegation, a superior officer cannot rid his/her self of responsibility or accountability of a task. CALEA 11.3.2 200.5.2 ACCOUNTABILITY TO SINGLE SUPERVISION (a)All employees will be accountable to only one supervisor at any given time. Supervisory personnel within this agency will ensure that this condition is not violated. (b)Occasions may arise requiring a supervisor or command officer to issue an order to a member outside the supervisor's immediate responsibility. Nothing in this section shall prevent this. CALEA 11.2.1 200.6 LAWFUL ORDERS All Department employees shall obey and carry out all lawful orders from any superior. Disobedience of an order is grounds for discipline. The creation of a process to appeal or question a Superior's decision in no way creates a license to delay following that order. If questioning the decision or direction of their supervisor, or in their absence (should the issue be exigent), they may ascend the chain of command to the next level. CALEA 12.1.3 200.6.1 CONFLICTING ORDERS If a subordinate receives instructions from a senior member conflicting with the instructions received from proper or higher authority, the subordinate will inform the senior member of the conflict. If the senior member still desires that the order be carried out, the subordinate will do so and the senior member will review the order with the subordinate's supervisor. Responsibility for countermanding the original order rests with the supervisor who issued the second order. The employee receiving the second order will not be held responsible for disobedience of the first order. In the event neither issuing supervisor can be readily advised, the employee will carry out the most recent order and advise a supervisor of the conflict as soon as possible. No Officer will knowingly comply with an order that he/she knows to be in violation of local, State or Federal law. It is the supervisor's responsibility to see that no such orders are ever issued. No member of the Department will publicly disparage or ridicule written or verbal orders or instructions issued by a superior Officer. CALEA 12.1.3 Policy 201 Pismo Beach Police Department Pismo Beach PD Policy Manual Copyright Lexipol, LLC 2020/07/16, All Rights Reserved. Published with permission by Pismo Beach Police Department Department Goals and Objectives / Mission and Value Statements - 36 Department Goals and Objectives / Mission and Value Statements 201.1 PURPOSE AND SCOPE To establish a procedure for the review of the Department's Mission and Value Statements and the development of the Department and Division goals and objectives. In order to provide efficient and effective law enforcement services to the public it is necessary that clear and concise goals and objectives be formulated to guide the Department and its members in a common direction. To ensure direction, unity of purpose, and provide a basis for measuring progress, the Department will periodically review the Mission and Value Statements and all goals and objectives. The organizational components will initiate new goals and objectives when necessary. 201.2 DEFINITION (a)MISSION STATEMENT: A formal document that states the aims of a company or organization. The statement should accurately explain why the agency exists and what it hopes to achieve in the future. A mission statement should identify the agency's purpose, business and values. (b)VALUE STATEMENT: An agency's fundamental set of guiding principles. They characterize what an agency does, not how it operates or what it wants to be. (c)GOAL: A relatively broad statement of the end or result that one intends to ultimately achieve. A goal usually requires a relatively long time span to achieve and whenever possible, should be stated in a way that permits measure of its achievement. (d)OBJECTIVE: An end result that one intends to attain in order to achieve partial fulfillment of a goal. An objective is a sub-goal or an element of a goal and therefore requires a shorter time to accomplish than do a goal. Goals and objectives should be both measurable and attainable. 201.3 MISSION AND VALUE STATEMENTS Every year during the December Management Meeting, staff will review the Mission and Value Statements to determine if the Department's mission and values remain clearly reflected in the documents. Modifications to the statements will be immediately disseminated to all Department personnel according to the Department's written directive dissemination policy. 201.3.1 DEPARTMENT GOALS AND OBJECTIVES Every year during the December Management Meeting, staff will develop goals and objectives for the coming calendar year. The goals and objectives submitted by the Division Commanders will be used to formulate the goals and objectives of the Department. Pismo Beach Police Department Pismo Beach PD Policy Manual Department Goals and Objectives / Mission and Value Statements Copyright Lexipol, LLC 2020/07/16, All Rights Reserved. Published with permission by Pismo Beach Police Department Department Goals and Objectives / Mission and Value Statements - 37 (a)Other goals and objectives deemed important by the Chief of Police and Management Team members shall be added to the list and prioritized accordingly. (b)Upon approval by the Chief of Police, a written statement of the goals and objectives for the Department will be prepared and made available to all members. CALEA 15.2.1 201.3.2 DIVISIONAL GOALS AND OBJECTIVES (a)In November of each year, Division Commanders should formulate a statement of goals and objectives for their respective areas of responsibilities. These goals and objectives will cover what they anticipate achieving during the coming calendar year. The list should be prioritized in order of importance. Only realistic and attainable goals and objectives should be considered. (b)All personnel from the respective Divisions should be encouraged to participate in the development of goals and objectives. Division Commanders should notify all personnel in their respective commands that goals and objectives are being developed and should request them to submit in writing their ideas, recommendations, and suggestions. Division Commanders should then meet with their supervisory staff and develop a final proposal, including the proper justification, or goals and objectives for the coming year. The Division Commanders will submit their report for review at the December Management Team meeting. (c)The prioritized goals and objectives will go into effect on January 1st , in conjunction with the start of the calendar year. The progress made on these goals and objectives will then be measured and evaluated in the minutes of the Monthly Management Team Meetings. CALEA 15.2.1, CALEA 15.2.2 201.4 LONG RANGE PLANS FOR THE AGENCY Historically, law enforcement has been reactionary in its nature and responded accordingly to situations confronting it. The Pismo Beach Police Department is committed to meeting ever increasing public expectations within its allotted resources. Members of the Police Department shall strive to adopt proactive measures to help maximize the efficiency of this agency. 201.4.1 LONG TERM GOALS AND OBJECTIVES Long term goals and objectives for this Department will be formulated and proposed by Command Staff in the form of Department Work Plan coinciding with the Department's biennial budget preparation. The scope of their vision should extend at least five years into the future. The goals and objectives proposed should be reasonably attainable and within the bounds of reality. The long term goals and objectives will be made available to all members of the Department once they are prepared. Pismo Beach Police Department Pismo Beach PD Policy Manual Department Goals and Objectives / Mission and Value Statements Copyright Lexipol, LLC 2020/07/16, All Rights Reserved. Published with permission by Pismo Beach Police Department Department Goals and Objectives / Mission and Value Statements - 38 201.4.2 ANTICIPATED WORKLOAD AND POPULATION TRENDS All goals and objectives established by this Department should take into consideration any increases/decreases in workload indicators and anticipated changes in population in our service area. 201.4.3 ANTICIPATED PERSONNEL LEVELS Some goals and objectives that may be formulated will require the addition of personnel to make them a reality. Any recommendation involving an increase in staffing levels must be accompanied by a detailed justification for each new position and a plan for funding said positions. Any reduction in staffing levels, either planned or unplanned due to reasons beyond our control, must address the overall impact it will have on the Department and the attainment of stated goals and objectives. 201.4.4 ANTICIPATED CAPITAL IMPROVEMENT AND EQUIPMENT Many anticipated needs within the agency will require the purchase of new equipment and capital improvements, which may require a major outlay of funds. Long-term capital projects and equipment acquisitions must be planned for and budgeted accordingly. All requests falling under this category will be sent to the appropriate Division Commander. The requests will be reviewed and prioritized and completed in accordance with City rules based on the overall needs of the Department. 201.4.5 REVIEW AND REVISION OF LONG-TERM GOALS AND OBJECTIVES The long-term goals and objectives of the Department are tracked by the affected Division Commander and reviewed annually. This will occur at the same time the annual goals and objectives are formulated. With approval of the Chief of Police, items may be added or subtracted from the existing list. As long-term goals and objectives are accomplished, they should be removed from the list. Policy 202 Pismo Beach Police Department Pismo Beach PD Policy Manual Copyright Lexipol, LLC 2020/07/16, All Rights Reserved. Published with permission by Pismo Beach Police Department Pismo Beach Organizational Chart - 39 Pismo Beach Organizational Chart 202.1 PURPOSE AND SCOPE Pismo Beach Police Department Pismo Beach PD Policy Manual Pismo Beach Organizational Chart Copyright Lexipol, LLC 2020/07/16, All Rights Reserved. Published with permission by Pismo Beach Police Department Pismo Beach Organizational Chart - 40 CALEA 12.1.2, CALEA 17.2.2 Policy 203 Pismo Beach Police Department Pismo Beach PD Policy Manual Copyright Lexipol, LLC 2020/07/16, All Rights Reserved. Published with permission by Pismo Beach Police Department Planning and Research - 41 Planning and Research 203.1 PURPOSE AND SCOPE Planning involves building upon experience by gathering, organizing, and interpreting data, and offering ideas and suggestions for improvement through change. The Pismo Beach Police Department recognizes the need for effective administrative and operational planning. Complex demands for service and declining public resources require this agency to carefully research operational alternatives and plan future programs. 203.2 PLANNING AND RESEARCH ACTIVITIES (a)Each Commander, under the direction of the Chief of Police, as part of the planning and research function, has responsibility for the following objectives and functions: 1.Developing and implementing plans to improve the delivery of law enforcement services in the community and further the long -term goals and operational objectives of the agency. 2.Reviewing existing agency plans to evaluate their suitability, identify their deficiencies, and, if necessary, update or recommend improvements. 3.Gathering and organizing information necessary for agency planning, to include workload and population trends. (b)When creating a plan for the agency's future needs, each Commander must address administrative and operational planning. Administrative planning includes grant coordination, development of agency goals and objectives, identification of personnel levels and manpower allocation alternatives, and assessment of position staffing requirements. Operational planning includes procedure development and tactical plans. CALEA 15.1.1 (c)Commanders have responsibility for coordinating grant funding and monetary management of appropriations and resources outside the normal agency budget. Planning for and obtaining grants can provide the agency with additional manpower and essential resources. (d)Effective deployment of personnel begins with distribution of personnel on a proportionate need basis. Commanders research crime analysis data, calls for service, mandated responsibilities, and other factors, before assigning available work force. They use the information to distribute personnel systematically, geographically, and chronologically according to the needs of the community. Commanders look at alternatives such as: watch hours, distribution of personnel, relief requirements and availability of personnel in specialized positions, when allocating personnel. Commanders use budget projections to anticipate personnel levels. Pismo Beach Police Department Pismo Beach PD Policy Manual Planning and Research Copyright Lexipol, LLC 2020/07/16, All Rights Reserved. Published with permission by Pismo Beach Police Department Planning and Research - 42 (e)Commanders use research and planning to develop tactical procedure and plans. Tactical plans are actions taken under specific conditions and at specific locations. These include the development of plans such as; bank robbery response, severe weather procedures, pursuit policies, and any other highly specialized tactical planning. (f)Regional Planning is critical to the organizations' participation in a regional coordinated planning effort. The Department works with the following associations and organizations in establishing a regional planning effort: San Luis Obispo County Criminal Justice Administrators Association; California Chiefs of Police Association; Regional Intelligence Organizations; and other miscellaneous law enforcement and community groups and organizations. Bi-annually, as a consequence of the City-wide budget preparation process, each Commander submits written budgetary recommendations and projections regarding his/her Office for the upcoming two-year budget to the Chief of Police. This report includes information relating to the planning and research function and their recommendations for change. The report also includes projections for capital improvements and equipment needs based on legislative requirements, depreciation of existing equipment, and improvements in the quality and level of public service. 203.3 RESPONSIBILITIES OF PLANNING AND RESEARCH (a)The Chief of Police requires Commanders to complete reports and collect analytical data concerning all aspects of the Police Department's function and operations. Each Commander has access to these necessary reports, information resources, and analytical data when developing and recommending plans for the agency. (b)Commanders report directly to the Chief of Police. Each Commander works closely with the Chief to enable him/her to make effective plans for the agency's future development and make programmatic changes. Commanders and the Chief of Police meet at least weekly to discuss and review these, and other issues, relative to planning and research. In these discussions, revision of the plan(s) can be made. CALEA 15.1.2 203.3.1 DISTRIBUTION OF REPORTS TO ORGANIZATIONAL UNITS After the Chief approves the agency's plans, each Commander distributes his Office's plans to the organizational sections and units that the plans affect. 203.4 ACCREDITATION MANAGEMENT Accreditation in any profession reflects the highest standards and practices as established by a distinguished commission of experts in the profession. For law enforcement, voluntarily maintaining standards established by the Commission on Accreditation of Law Enforcement Agencies (CALEA) institutionalizes a department's commitment to professionalism in meeting Pismo Beach Police Department Pismo Beach PD Policy Manual Planning and Research Copyright Lexipol, LLC 2020/07/16, All Rights Reserved. Published with permission by Pismo Beach Police Department Planning and Research - 43 the demands of a complex and critical function of society. Further, the accreditation process is ongoing. It requires a system of activities to ensure the organization maintains the standards required by CALEA. 203.4.1 POLICY It is the policy of the Pismo Beach Police Department to maintain the highest level of professional standards through national accreditation. While the success of the Department remains with the high level of service provided by its personnel, accreditation provides a framework of professional standards that have inherent benefits. Those benefits include: •Increased agency capability to prevent and control crime; •Increased effectiveness and efficiency in the delivery of police services; •Increased cooperation and coordination with other agencies in the criminal justice system and community; and •Increased employee and community confidence in the goals, objectives, policies and practices of the Pismo Beach Police Department. 203.5 TIME SENSITIVE ACTIVITIES A mechanism to see that the benefits of accreditation are realized is the ongoing activities required as a condition of accreditation maintenance. These activities are required by varying frequency and include: CALEA 11.4.3 CALEA 71.4.3 Assessments and analysis of:Inspections and audits of: --Use of Force Incidents --Weapons --Workload --Accreditation Maintenance --Tasks --Cash Fund Accounts --Employee Grievances --Fiscal Activities --Equal Employment Opportunity --Patrol Vehicle Equipment --Hiring Processes --Unusual Occurrence --Equipment --Line Personnel --Vehicle Pursuits --Organization Components --Crimes, Victims and Suspects --Prisoner Transport Vehicles --Effectiveness of Crime Prevention --Holding Facilities --Intelligence Information --Communicaitons Center --Victim/Witness Assistance --Evidence --Traffic Accidents Surveys for: --Traffic Enforcement --Community Attitudes Pismo Beach Police Department Pismo Beach PD Policy Manual Planning and Research Copyright Lexipol, LLC 2020/07/16, All Rights Reserved. Published with permission by Pismo Beach Police Department Planning and Research - 44 Plans for:Reviews of: --Mutual Aid --Deadly Force Policy --Goals and Objectives --Use of Force Reports --Job Classifications --Mutual Aid Agreements --Salaries --Contractual Agreements --Equal Opportunity --Organizational Chart --Training --Proposed Policies --Special-Purpose Vehicle Operations --Agency Forms --High-Risk Operations --Multi-Year Plan --Dignitary Security --Specialized Assignments --Special Events --Criminal History of Applicants --Disaster Response --Promotional Test Result by Candidate --Civil Disturbances --Employee Evaluation by Supervisor --Bomb Emergencies --Juvenile Procedures --Emergency Mobilization --Emergency Operations Plans --Holding Facility Fire Suppression --Police Reports by Supervisors. Reports for:Systems for: --Use of Force Incidents --Written Directives --Officer Weapons Proficiency --Accreditation Maintenance --Fiscal Management Status --Evaluating Progress towards Goals --Legal Updates --Position Management --Employee Performance --Financial Accounting --Drug/Vice/Organized Crime Activity --Discipline --Community Relations Activity --Field Training --Unusual Occurrence and Special Events --Performance Evaluation --Inspection Findings and Recommendations --Case Screening --Prisoner Escapes --Traffic Collision Classification --Threat to Holding Facility --Detention Facility Fire Detection --Detainee's Property Inventory --Holding Facility Emergency Alert --Processing Crime Scenes --Participation in C.J.I.S. --Forensic Lab Analysis --Field Reporting & Complaints --Property Found --Case Numbering --Property Room Inspection --Traffic Records --Property Room Inventory --Arrested Person ID Number --Property Room Audit --Arrested Person Criminal History Pismo Beach Police Department Pismo Beach PD Policy Manual Planning and Research Copyright Lexipol, LLC 2020/07/16, All Rights Reserved. Published with permission by Pismo Beach Police Department Planning and Research - 45 203.6 RESPONSIBILITIES All Department members are responsible to ensure the standards established by agency policy and procedure are maintained. Policy denotes individual positions responsible for the various activities. Supervisors are responsible to ensure activities assigned to their personnel are completed. CALEA 11.4.3 203.7 ACCREDITATION MANAGER The Accreditation Manager reports to the Chief of Police and is responsible for coordinating the Department's accreditation process. At a minimum, the Accreditation Manager should: •Utilize the automated PowerDMS Program to monitor the Department's compliance with required time-sensitive activities. •Update CALEA files with current compliance documentation. •Review all proposed directives and section manuals to ensure compliance with CALEA standards. •Coordinate training on the accreditation program and on new policies and procedures. In the event the required periodic reports, reviews and other activities are not completed, the Accreditation Manager will follow up with the assigned individual's supervisor to ensure the activity is completed.CALEA 11.4.3 Policy 204 Pismo Beach Police Department Pismo Beach PD Policy Manual Copyright Lexipol, LLC 2020/07/16, All Rights Reserved. Published with permission by Pismo Beach Police Department Written Directives - 46 Written Directives 204.1 PURPOSE AND SCOPE The Pismo Beach Police Department has a formal written directive system to provide employees with a clear understanding of operating constraints and organizational expectations. The Chief of Police has the full authority for issuance, modification, deletion and approval of all written directives on General, Special and Personnel orders. CALEA 12.2.1 204.2 RESPONSIBILITIES The Chief of Police may assign the authority for issuing, deleting, modifying, and approving Written Directives on General, Special and Personnel orders to either Division Commander. The development of all Police Department Policy, Rules and Regulations occur at the direction of the Chief. The Department Policy Manual contains all policy, rules and regulations of the police department. The Department Policy Manual, collective bargaining agreements, and /or other written directives, contain written procedures for carrying out Police Department activities. Division Commanders and other supervisory personnel, as necessary, review proposals for Policy, Procedure, Rule and Regulation to ensure they do not contradict other existing agency directives or applicable law. Before implementing any new General Orders, the Chief provides the collective bargaining unit's representative with a copy. The Chief may also order the distribution of any pending General Orders throughout the Police Department to obtain additional employee opinion.CALEA 12.2.1 204.3 ACCEPTANCE OF INTERIM DIRECTIVES All employees are required to read and obtain any necessary clarification of all Interim Directives. All employees are required to acknowledge in writing the receipt and review of any new Interim Directive. Signed acknowledgement forms and/or e-mail receipts showing an employee's acknowledgement will be maintained by the Administration Commander or his designee. 204.4 WRITTEN DIRECTIVE CATEGORIES Written Directives are divided into one of five categories. The following categories comprise the department's written directive system: GENERAL ORDERS: A General Order is a permanent written directive that pertains to subjects such as organization, procedures, rules of conduct or other matters of Department policy and procedure. SPECIAL ORDERS: Directives affecting only a specific segment of the organization, or statement of Policy or Procedure regarding a specific circumstance or event that is of a temporary nature. Special Orders Pismo Beach Police Department Pismo Beach PD Policy Manual Written Directives Copyright Lexipol, LLC 2020/07/16, All Rights Reserved. Published with permission by Pismo Beach Police Department Written Directives - 47 may also provide direction or instruction for carrying out specific tasks and accomplishing specific objectives. PERSONNEL ORDERS: Announcements of changes in the status of personnel such as employee information, transfers or promotions, and the posting of any vacant job positions. TRAINING BULLETINS: Instructional materials, training guides, and check lists. MEMORANDUMS: Informal written documents that may or may not convey an order. Its use is generally for clarifying, informing, or inquiring. CALEA 12.2.1 204.5 UPDATING AND REVISION OF WRITTEN DIRECTIVES The purging, updating and revision of written directives occurs continually and are at the direction of the Chief. General Order written directives are filed by the two digit Written Directive Assignment Key which corresponds to the ten functional areas contained in the Commission on Accreditation for Law Enforcement Agencies (CALEA) Standards Manual, followed by the consecutive number issued in the functional area, and ending with the last two digits of the year. For example, 01-01-05 would be functional Area "01" (Law Enforcement Role, Responsibilities, and Relationships), followed by the consecutive number issued in that functional area, and ending in the year the Written Directive was issued. All other categories of Written Directives will be designated by the document type (S for special orders, P for personnel orders, T for training bulletins, or M for memorandums) followed by a consecutive number and year of issuance. For example: T0107. (Training Bulletin #1 issued in 2007). The Support Services Commander is designated as the Policy Manual Supervisor. As the manual supervisor, the Support Services Commander: (a)Reviews the language to keep it plain, clear and concise. (b)Maintains a file containing pages from the old Policy Manual and other department directives superseded by a new General Order, to resolve any problem where past regulations are of interest. (c)Ensures that manual changes receive the approval of the Chief or his designee. (d)Constantly reviews the manual for obsolete rules and regulations, keeping it clear of unnecessary duplication or contradiction. (e)Maintains the computer master file of the General Orders Manuals. (f)Ensures proper distribution of department manuals Pismo Beach Police Department Pismo Beach PD Policy Manual Written Directives Copyright Lexipol, LLC 2020/07/16, All Rights Reserved. Published with permission by Pismo Beach Police Department Written Directives - 48 (g)Provides General Order Manual file updates to the department's intranet files (h)Coordinates all publication and distribution of all manual changes CALEA 12.2.1 204.6 PURGING AND STORAGE OF WRITTEN DIRECTIVES (a)A Department Policy Manual is located in every office in the department and the following locations: The report writing room, briefing room and detention facility. (b)General Orders issued after the annual revision of the Policy Manual and all other Written Directive categories will be filed in notebooks maintained in all department offices and the following locations: The report writing room, briefing room and detention facility. These notebooks will be purged on an annual basis and stored in the master files. (c)The Chief's Office maintains a set of master files on all General and Special Orders as does the Support Services Commander. (d)Employees may access the Department Policy Manual in the pre-designated areas or on the Department's intranet. All other written directive categories may be accessed in the pre-designated areas. (e)The Support Services Commander will conduct an annual inspection of Department Policy Manuals and notebooks containing the other written directive categories to insure their proper placement. This annual inspection will coincide with the delivery of the annual Policy Manual revision. CALEA 12.2.1, CALEA 12.2.2 204.7 DISSEMINATION OF WRITTEN DIRECTIVES All new and revised Written Directives; Policies, Procedures, Rules and Regulations shall be forwarded to the Administration Commander or his designee for dissemination. Upon receipt, the Administration Commander or his designee shall prepare the written directive for dissemination to all agency personnel. CALEA 12.2.2 204.7.1 ELECTRONIC SIGNATURE (a)All new and revised General Orders and Written Directives are sent to "All Police" electronically via email. Personnel shall open and read all new and revised General Orders and Written Directives within ten days of issuance, unless special circumstances exist. (b)By opening the email, the recipient acknowledges having received and read the attached General Order(s) and/or Written Directive(s). (c)The Administration Commander or his designee shall be responsible for tracking personnel who have not opened the email, then notifying the appropriate supervisor. Supervisors should require their personnel to open and review the email within ten days of issuance. Pismo Beach Police Department Pismo Beach PD Policy Manual Written Directives Copyright Lexipol, LLC 2020/07/16, All Rights Reserved. Published with permission by Pismo Beach Police Department Written Directives - 49 (d)Personnel without access to email will be requiared to sign an acknowledgment indicating receipt and review of the General Order(s). CALEA 12.2.2 Policy 205 Pismo Beach Police Department Pismo Beach PD Policy Manual Copyright Lexipol, LLC 2020/07/16, All Rights Reserved. Published with permission by Pismo Beach Police Department Administrative Reporting System/Form Accountability System - 50 Administrative Reporting System/Form Accountability System 205.1 PURPOSE AND SCOPE To establish an administrative reporting system within the Pismo Beach Police Department that provides management with information regarding Agency activities. It will be the policy of the Pismo Beach Police Department to utilize all data available to facilitate and enhance the decision making process. A complete analysis of relevant data will enable the Agency to use available resources in the most effective and efficient manner in order to provide the highest quality services to the community. 205.2 INFORMATION GATHERING (a)Information gathered from within the Agency will provide the basis for determining the need to continue or change programs, policies, and procedures. It is also essential for determining manpower and resource allocation, predicting workloads, and preparing budgets. (b)It is the responsibility of all members to ensure the accuracy of the information and data that is gathered. (c)Division Commanders are responsible for ensuring that required administrative reports are accurate and submitted in a timely manner. They are also responsible for identifying other activities within their Division that require tracking and generation of a report 205.3 ADMINISTRATIVE REPORTING SYSTEM Required reports are identified by their frequency and the information they provide. A list of the sensitive mandatory activity reports are listed in the Standards for Law Enforcement Index of Time Sensitive Activities/Reports Due (attach A description of the overall administrative reporting system follows: (a)Daily Activity/Incident Reports: CALEA 11.4.1 d 1.Daily activity reports include Watch Commander's Log, CAD Logs and other written reports that document information to be shared within the unit. CALEA 11.4.1 a, e 2.The information contained in these reports is essential for providing the Division Commanders with up-to-date information. It is also used to generate the more comprehensive department monthly report. CALEA 11.4.1 c Pismo Beach Police Department Pismo Beach PD Policy Manual Administrative Reporting System/Form Accountability System Copyright Lexipol, LLC 2020/07/16, All Rights Reserved. Published with permission by Pismo Beach Police Department Administrative Reporting System/Form Accountability System - 51 3.Division Commanders are responsible for determining what daily reports are necessary to efficiently document the activity occurring in their operations and to establish procedures to ensure report review and accountability. CALEA 11.4.1 b (b)Bi-weekly Reports: CALEA 11.4.1 d 1.Bi-weekly reports summarize the activity occurring in each division during the reporting period. These reports include FLSA time sheets, long term illness/ disability reports, overtime reports, staff/inspection reports, and other written reports deemed necessary by the Division Commander. CALEA 11.4.1 a 2.Bi-weekly reports (excluding payroll related reports) are generally used within the unit or Division. The information contained these reports may be included in the monthly and annual reports. CALEA 11.4.1 c, e 3.Division Commanders are responsible for ensuring that all bi-weekly reports, particularly payroll and personnel reports, are reviewed, approved and submitted on a timely basis. CALEA 11.4.1 b (c)Monthly Reports: CALEA 11.4.1 d 1.Monthly reports are prepared to provide an update of unit activities. These written reports include, but are not limited to: inspection reports, unit statistics, workload indicators, Uniform Crime Report for Part 1 crimes, update on Internal Affairs cases, employee evaluation reports, personnel reports, industrial illness reports, contract services reports, and fiscal status reports. CALEA 11.4.1 a, c 2.Unit supervisors are responsible for ensuring required monthly reports are prepared and submitted to their Division Commander, via chain of command by the 10th of each month. CALEA 11.4.1 b, e (d)Quarterly Reports: CALEA 11.4.1 d 1.Quarterly reports are generated to provide an Agency progress report. These written reports include but are not limited to, goals and objectives evaluations, fiscal analysis, sick leave usage analysis, and other reports deemed necessary by the Division Commanders. CALEA 11.4.1 a, c 2.Unit Supervisors are responsible for ensuring required quarterly reports are prepared and submitted to their Division Commander via the chain of command, by the 10th of January, April, July and October. CALEA 11.4.1 b, e (e)Annual Report: CALEA 11.4.1 d Pismo Beach Police Department Pismo Beach PD Policy Manual Administrative Reporting System/Form Accountability System Copyright Lexipol, LLC 2020/07/16, All Rights Reserved. Published with permission by Pismo Beach Police Department Administrative Reporting System/Form Accountability System - 52 1.The annual report will summarize Agency activity that occurred during the calendar year. The information in this report is intended for internal planning and analysis as well as external distribution. CALEA 11.4.1 a, c 2.By January 31st of each year, the Division Commanders will provide a written report detailing the activity that occurred in their Division during the previous calendar year to the Chief of Police. 3.The Chief of Police and Division Commanders will assist the Administrative Secretary with the preparation of the Department's Annual Report. The Annual report will be distributed throughout the Agency by April 1 of each year. CALEA 11.4.1 b, e 205.4 FORM ACCOUNTABILITY SYSTEM (a)The Police Department utilizes numerous forms in its daily operations. Many of these forms are stored in the report writing room or the Records Division. The Records Division maintains a master copy of all Department forms. (b)The Support Services Supervisor is responsible for maintaining and updating the master copy of all Department forms. A review of all Department forms shall occur in March of each year. The Accreditation Manager shall be provided with a copy of the Master Forms list and revisions as they are completed. (c)All unused forms will be stored in a secure area. When applicable, forms should be used in the sequence in which they are numbered to maintain an orderly audit trail. A record should also be maintained listing which forms were issued to an individual member. (d)Division Commanders are responsible for the security and accuracy of department forms used in their Divisions. 1.Revised or newly-developed forms within the Division or unit will be forwarded and reviewed through the chain of command to the Division Commander. 2.The Division Commander will approve or deny the use of forms intended for use within the Division. 3.The Division Commander will review forms intended for use throughout the Department. If he/she agrees that the form would benefit the Department, he/she will forward the form along with recommendations to the Accreditation Manager via the Support Services Supervisor. (e)The Accreditation Manager will coordinate the review of newly-developed or revised forms that are used throughout the Department. Pismo Beach Police Department Pismo Beach PD Policy Manual Administrative Reporting System/Form Accountability System Copyright Lexipol, LLC 2020/07/16, All Rights Reserved. Published with permission by Pismo Beach Police Department Administrative Reporting System/Form Accountability System - 53 1.Input regarding the form will be solicited from each Division affected by the change utilizing the Department's e-mail system. 2.If the respective Division approves the form, the Accreditation Manager will review the form and related recommendations. The form will be returned to the Division Commander who initiated the review process for implementation if approved, or for appropriate action if disapproved. 3.If both Divisions affected do not approve the form, the Accreditation Manager will return it, along with the comments and recommendations received, to the Division Commander who initiated the review process. The Division Commander will determine if further action is warranted. 205.5 ACCREDITATION ACTIVITY REVIEW SYSTEM (a)The Accreditation Manager shall be responsible for the review of activities, periodic reports and reviews as required by Accreditation Standards. The manager may use the CALEA Accreditation Compliance Express-Law Enforcement (CASE-L) software and any other available means to determine that all activities, reports, and reviews are completed as needed (see attached list of required reports and frequency of report). (b)In the event that the activity, report or review is not completed as scheduled the Accreditation Manager will notify the appropriate Commander of the unit activity, report, or review to complete and request that it be submitted within 10 working days. If the activity, report or review is not completed within the 10 working days, the Accreditation Manager shall notify the appropriate Commander. The affected Division Commander may grant an extension for the activity, report, or review to be completed and submitted. Policy 206 Pismo Beach Police Department Pismo Beach PD Policy Manual Copyright Lexipol, LLC 2020/07/16, All Rights Reserved. Published with permission by Pismo Beach Police Department Emergency Management Plan - 54 Emergency Management Plan 206.1 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). CALEA 46.1.2 206.2 ACTIVATING THE EMERGENCY PLAN The Emergency Management Plan can be activated on the order of the official designated by local ordinance. CALEA 46.1.3 a 206.2.1 RECALL OF PERSONNEL In the event that the Emergency Management Plan is activated, all employees of the Pismo Beach 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. CALEA 46.1.3 c 206.2.2 POSITION RESPONSIBLE FOR PLANNING The Division Commander designated by the Chief of Police shall have primary responsibility for coordinating and planning of the Department's response to unusual occurrences of all kinds and perform the duties as Incident Commander. The Division Commander shall be responsible for coordinating the annual review and update of the agency's unusual occurrences planning and serves as the liaison to the San Luis Obispo County Office of Emergency Services for purposes of complying with the mutual aid agreement currently in force. CALEA 46.1.1 206.3 NATURAL AND MANMADE DISASTER RESPONSE PLANS (a)The on-duty patrol supervisor shall be responsible for the initial response to an emergency from available personnel. He/she shall immediately, or as soon as practical, notify the Chief of Police and Command staff of any disaster affecting this agency.CALEA 46.1.3 c (b)Radio communication shall be conducted through the Department's Communications Center. If the primary center is not usable, the County Office of Emergency Services will be responsible for the implementation of a secondary Emergency Communications Center (as designated by the San Luis Obispo County Communications Joint Powers Agreement). (c)The Incident Commander or his/her designee, should create a situation map defining the geographical area of the emergency. (d)Certain emergencies may require the establishment of Field Command Posts. The selection of locations for the posts depends on the type and location of the Pismo Beach Police Department Pismo Beach PD Policy Manual Emergency Management Plan Copyright Lexipol, LLC 2020/07/16, All Rights Reserved. Published with permission by Pismo Beach Police Department Emergency Management Plan - 55 emergency. Existing governmental facilities/buildings may be suitable locations if they are sufficiently close to the emergency and have the necessary physical resources. Necessary physical resources include: 1.Toilet facilities 2.Telephones 3.Electricity 4.Vehicle Parking Pass 5.Kitchen Facilities (desirable) 6.Office Space 7.Multi-purpose area CALEA 46.1.3 b (e)The Incident Commander establishes a chain of command including other agencies, maintaining the unit integrity of individual agencies whenever possible to insure the safety of all affected personnel. When the role of the Police Department is providing assistance to other agencies, the Incident Commander coordinates a chain of command for Police Department personnel with the agency chief executive and activates the Incident Command System. The organizational structure and communication protocol of an Emergency Operations Center (E.O.C.) shall be developed consistent with the Standardized Emergency Management System (SEMS), as designed by the State of California, and the National Incident Management System (NIMS).CALEA 46.1.3 a (f)Casualty information needs to be centralized when possible. Victims' names and the extent of injuries need to be available. The Incident Commander will coordinate an effort between the various responding agencies to fully assess the severity of the emergency. The E.O.C. may be the best location to coordinate casualty figures and in conjunction with the ICS plan, the press information officer shall handle communication with the media. Only the Coroners' Office releases information relating to fatalities.CALEA 54.1.1 a (g)The Chief of Police, or his/her designee, is responsible for the community relations function during natural disasters including all press releases.CALEA 54.1.1 a, b (h)The Incident Commander, or his designee, may request call for "mutual aid" for obtaining additional support and/or resources, as necessary. Any request for a mutual aid call out shall be approved by the Chief of Police, or his/her designee, prior to making contact with the San Luis Obispo County Sheriff's Office. In the event an incident requires mutual aid, Supervisors and Command Officers must also be familiar with the Office of Emergency Services Law Enforcement Guide for Emergency Operations and Law Enforcement Mutual Aid Plan, and the Department's Critical Incident Manual, § 351 of the Department's Policy Manual Agency Jurisdiction and Mutual Aid and the City's Emergency Plans. When a request is made, the following information shall be provided at a minimum: 1.The name and title of the individual making the request 2.A description of the disaster Pismo Beach Police Department Pismo Beach PD Policy Manual Emergency Management Plan Copyright Lexipol, LLC 2020/07/16, All Rights Reserved. Published with permission by Pismo Beach Police Department Emergency Management Plan - 56 3.A statement of the action taken 4.An estimate of the number of persons involved 5.A statement concerning the number of law enforcement officers available and committed 6.An explanation about why the existing force is inadequate. CALEA 46.1.3 d (i)The Incident Commander will designate a safety officer for the scene and command post. The safety officer's primary duties are to insure the safety of all affected personnel.CALEA 46.1.3 g (j)The Incident Commander, or the person assigned by the Chief of Police to handle the media, will perform the role as Public Information Officer and must have full access to the facts of the emergency providing public information and maintaining media relations. Information that is factual helps to reduce rumors and support media relations.CALEA 46.1.3 f (k)Personnel complete necessary reports throughout the emergency as much as possible. Supervisors review all paperwork their subordinates submit and ensure the submission of all necessary paperwork. The Support Services Commander prepares a synopsis of the incident for an after action report and administrative review to be forwarded to the Chief of Police.CALEA 46.1.3 h 206.3.1 OPERATIONS FUNCTION RESPONSIBILITIES A Division Commander designated by the Chief of Police will command the Operations function and will report to the Incident Commander. The Operations Function will be responsible for the following. (a)Establish inner and outer perimeters. The Incident Commander or field supervisor, using available responding units, shall establish both inner and outer perimeters for the scene. CALEA 46.1.4 a (b)Delegating personnel to conduct evacuations if necessary. As soon as practical the Incident Commander or field supervisor will direct personnel to conduct evacuations (victims, bystanders, injured persons) if the situation dictates. CALEA 46.1.4 b (c)Maintaining command post and scene security As soon as practical, the Incident Commander or field supervisor will designate an officer(s) to maintain security of the immediate area surrounding the Command Post and scene security of the affected area or areas. CALEA 46.1.4 c (d)Providing for detainee transportation, processing and confinement. As the need dictates the Incident Commander or field supervisor will arrange for transportation and confinement of detainees until they can be interviewed and processed. All persons being transported as witnesses only shall be transported in accordance with department policy. CALEA 46.1.4 d Pismo Beach Police Department Pismo Beach PD Policy Manual Emergency Management Plan Copyright Lexipol, LLC 2020/07/16, All Rights Reserved. Published with permission by Pismo Beach Police Department Emergency Management Plan - 57 (e)Conduct a post-incident investigation CALEA 46.1.4 f (f)Security patrols of the various public facilities and other business areas are necessary to discourage looting and offer a measure of protection. The Operations Commander or his designee assigns officers as response units to handle emergency calls and offer some semblance of visual deterrent. Response units should be two officer units. (g)The Operations Commander may also assign traffic control units to direct traffic away from the area, if necessary. Traffic control units allow only those persons having to enter the emergency area and ensure that access routes are open for emergency officers. CALEA 46.1.4 e (h)Resources are available from multiple sources to help with cleaning up, after a disaster. Limited equipment and personnel are available through the fire department, Public Works and the City's Engineer's Office. (i)Once the immediate emergency is under control, the Operations Commander, or his designee, may consider allowing limited access to the emergency area. He may consider using the media to make announcements of the changing conditions and special requests from those in command. Additionally, the Office of Emergency Services can activate the Emergency Broadcast System to inform the public of pertinent information. (j)During the aftermath of a disaster, the Operations Commander assigns personnel to ensure the following actions are taken: 1.Resupply expended materials and repair damaged equipment. 2.Replace lost or missing equipment. 3.Resume normal patrol measures in all areas. 4.Send appropriate correspondence to assisting agencies and other persons. 5.Prepare a critique of the total handling of the emergency. 6.Prepare any plans that need updating. 7.Complete necessary reports. (k)The scale and the nature of an emergency may demand movement of persons in varying numbers. If several persons need transport, buses are available through the Lucia Mar Unified School District and the Office of Emergency Services. Government vehicles are available when limited movements of emergency personnel are necessary. Pismo Beach Police Department Pismo Beach PD Policy Manual Emergency Management Plan Copyright Lexipol, LLC 2020/07/16, All Rights Reserved. Published with permission by Pismo Beach Police Department Emergency Management Plan - 58 206.3.2 PLANNING FUNCTION RESPONSIBILITIES (a)Preparing a documented incident action plan to address risk and impact on operations. For all planned critical incidents, an incident action plan, including but not limited to, a Tactical Operation Plan and the High Risk Matrix provided by the San Luis Obispo Regional SWAT Team should they be activated for an event.CALEA 46.1.5 a (b)Gathering and disseminating information and intelligence. Every effort should be made to gather and disseminate all available information and intelligence relating to the scene, facts of the incident, and subjects involved, to applicable police personnel. Maps of all apartment complexes as well as schools are maintained in a Critical Index Book that shall be maintained and updated by all departmental personnel.CALEA 46.1.5 b (c)Planning post-incident demobilization. Survey the affected area and determine the continued need for police personnel at the scene. As the situation allows, and with the concurrence of the EOC, if activated, assess the amount of personnel and equipment at the scene and determine when and how much to reduce them. Overall police involvement should continue until the incident is brought to a conclusion. Prior to securing, all involved employees shall report to the command post for debriefing.CALEA 46.1.5 c 206.3.3 LOGISTICS FUNCTION RESPONSIBILITIES (a)Communications. The Watch Commander or his/her designee shall be responsible for maintaining communications contact with the Incident Commander (through radio, telephone and/or personal contact) and may assign someone to serve as a liaison under the Incident Command System. The use of emergency communications including the mobile command post, the emergency operations center shall be coordinated by PBPD. Assess the staffing levels in the communication center and consider the need for activation of additional communication personnel and plan for the continuity of communication systems. CALEA 46.1.6 a (b)Transportation. The Logistics Officer at the Command Post will arrange transportation of personnel and equipment to the incident scene. There will be a designated staging area established to facilitate the orderly dispersal of personnel and equipment. In the event mass transportation is needed away from the area affected by the incident, the Logistics Officer or designee will contact the following, to determine if, and to what extent, service can be provided by other modes of public transportation.CALEA 46.1.6 b (c)Medical support. The Logistics Officer at the Command Post will be responsible for securing medical assistance, as each situation dictates. The Logistics Officer will notify ambulance and fire services that an emergency situation exists. They may be requested to respond or stand by near the scene.CALEA 46.1.6 c (d)Supplies. Supplies necessary for the successful execution of any operational plan will be secured by the logistics personnel and made available to all department personnel.CALEA 46.1.6 d (e)Specialized team and equipment needs. For those special operations such as a hostage and barricaded subject emergencies, SWAT team situations where a special Pismo Beach Police Department Pismo Beach PD Policy Manual Emergency Management Plan Copyright Lexipol, LLC 2020/07/16, All Rights Reserved. Published with permission by Pismo Beach Police Department Emergency Management Plan - 59 team is required, civil disturbances, emergencies at jail institutions where a mutual aid request has been asked for and mass arrest situations, the Department shall rely on the San Luis Obispo Regional SWAT Team and department personnel to provide specially trained personnel to handle the incident. Equipment necessary for the successful execution of any operational plan will be made available to all department personnel. Supervisors will be responsible for ensuring that all equipment issued during the event is turned in and accounted for before they are relieved from duty.CALEA 46.1.6 e 206.3.4 FINANCE/ADMINISTRATION FUNCTION RESPONSIBILITIES (a)Recording personnel time. Each supervisor is responsible for keeping a record of all personnel assigned to his/her unit. These records will contain the event complete with the names of all employees, assignments, and the dates, times, and hours worked. This information will be submitted to the Incident Commander. CALEA 46.1.7 a (b)Procuring additional resources. Each supervisor is responsible for preparing a report that includes recommendations for procurement of additional resources. This report will be submitted to the Incident Commander CALEA 46.1.7 b (c)Recording expenses. Each supervisor is responsible for keeping a record of all expenses. These records will contain the date, type of expense and any receipts, if applicable. This information will be submitted to the Incident Commander. CALEA 46.1.7 c (d)Documenting injuries and liability issues. Each supervisor will document all injuries or liability issues. This report will be submitted to the Incident Commander. CALEA 46.1.7 d 206.4 UPDATING OF MANUALS The Chief of Police or designee shall review the Emergency Management Plan Manual at least once every year 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. 206.4.1 ACCESS AND REVIEW OF PLANS (a)All personnel holding the rank of Commander and above shall have a hard copy of the Department's Critical Incident Manual, SEMS organizational chart and position duties, as well as copies of the City's Emergency Plan. (b)Every three (3) years, the Division Commander designated by the Chief of Police, coordinated with his/her Cal Fire counterpart, will conduct a documented analysis of incidents and training effectiveness. The Operations Commanders will make any recommendations for change, as deemed appropriate. The Operations Commander shall then forward any recommendations for changes to the Chief of Police for approval. Pismo Beach Police Department Pismo Beach PD Policy Manual Emergency Management Plan Copyright Lexipol, LLC 2020/07/16, All Rights Reserved. Published with permission by Pismo Beach Police Department Emergency Management Plan - 60 (c)The Chief of Police forwards any changes he/she believes are necessary to the Support Services Commander for inclusion in the General Orders Manual, operational plans for specific incidents or Special Orders, as needed. 206.5 UNUSUAL OCCURRENCE EQUIPMENT INSPECTIONS (a)The designated equipment Supervisor maintains an inventory of all emergency preparedness equipment including its storage location and maintenance schedule. (b)The equipment supervisor maintains an inventory of all emergency preparedness equipment including its storage location and maintenance schedule. (c)Each month the supervisor assigned to equipment inspects equipment to ensure operational readiness. He reports the results of the inspection, including any deficiencies found, to the Operations Commander CALEA 46.1.8 206.6 CIVIL DISTURBANCES The Pismo Beach Police Department strives to preserve order and to protect persons and property through available resources and by taking the appropriate actions to accomplish the return of order. To the best of its ability the Police Department attempts to: (a)Protect lives of all persons. (b)Preserve the peace and decrease the likelihood of disorder when dealing with potentially disruptive situations. There are two questions that enforcement personnel must ask themselves during this type of situation. One is, would my taking enforcement actions increase or decrease the likelihood of disorder. The other is, would my failure to take an enforcement action increase the likelihood of disorder. (c)Protect property. Enforcement personnel must protect property and apprehend persons violating property laws when it is reasonable to do so. (d)The first officer(s) arriving at a scene involving a disorderly or riotous group should use the following suggestions as a guide: 1.Take up an observation post rather than pulling into the direct area of the disorderly group. 2.Notify the communications center of the following information, if it applies: (a)Size of the group (b)Nature and number of participants, as opposed to observers. (c)If the group is moving, their point of origin and their likely destination. (d)Approximate age of participants. (e)Attitude of the crowd and the participants. (f)Nature of area (e.g., business, school, residential area). Pismo Beach Police Department Pismo Beach PD Policy Manual Emergency Management Plan Copyright Lexipol, LLC 2020/07/16, All Rights Reserved. Published with permission by Pismo Beach Police Department Emergency Management Plan - 61 (e)If the group does not appear to pose a serious threat to the officer(s) safety, theresponding officer(s) may make contact with the group in an attempt to resolve the call peacefully. The officer(s) must advise the communications center and a supervisor of the situation. (f)If the group's involvement in violence or destructive behavior is beyond the immediate capability of the responding officer(s) he/she should request additional assistance via the Communications Center. The officer(s) must be specific about the number of personnel he/she believes necessary, and refrain from contact with the group until assistance arrives. (g)A supervisor responds to situations that appear to offer potential for violence or destruction. The supervisor coordinates, as necessary, the officers on the scene and any additional calls for assistance. This includes requesting an activation of the mutual aid agreement. (h)Upon arrival, the supervisor confers with officers, observes the situation and weighs the effects of enforcement action considering the following: (a)The Potential for Disorder (b)The Safety of Personnel (c)The Severity of the Law Violations (d)The Resources Available (i)Preserving the peace may require the supervisor to weigh minor law violations against the probability of provoking greater disorder. In reviewing the situation, the supervisor should consider the following responses: (a)Communicate with the participants to attempt to reach a nonviolent conclusion through cooperation. This needs to be done in a way that is not threatening. (b)Selectively arresting law violators, using the minimum number of personnel necessary to prevent attracting undue attention. (c)Withdrawal from the immediate scene when resources are not available to effectively handle the problem until adequate assistance is on the scene. Where a major situation develops beyond control of on-duty resources, the supervisor notifies the Special Enforcement Commander immediately. (j)When the patrol supervisor arrives at the scene of a situation that requires crowd control and possible arrest of large numbers, he does the following, while concurrently keeping the Command Officers informed of the state of the incident and the response(s) he/she is directing to deal with the event: (a)Refer to the Department's Policy on Mass arrests, Section 419 Mass Arrests. Pismo Beach Police Department Pismo Beach PD Policy Manual Emergency Management Plan Copyright Lexipol, LLC 2020/07/16, All Rights Reserved. Published with permission by Pismo Beach Police Department Emergency Management Plan - 62 (b)Establishes a secure perimeter for crowd control. Notifies the Operations commander, or his/he designee, of the incident. The Commander shall immediately inform the Chief of Police of the incident. (c)Chooses a location away and out of sight of the problem area as a staging area and notifies the Communications Center of the location. The supervisor assigns an officer to the staging area and instructs him to establish and maintain a log. The log must show personnel names, assignments and times of arrival at the situation. (d)Requests that a supervisor secure supplies (restraints, paper work and other supplies as needed), and then report to the staging area. The supervisor then directs a supervisor to the staging area who shall then coordinate prisoner processing. (e)Instructs the Communications Center to call the Fire Department and request they respond to the staging area to stand by or render aid to persons with injuries. (f)Places extra on-duty personnel on alert or orders the Communications Center to call in extra onduty personnel, including any available K9 units. Extra personnel are to report to the staging area for assignment. (g)Orders transport vehicles to report to the staging area. If necessary, the patrol supervisor requests transportation assistance via mutual aid. (h)Establishes a second perimeter to keep all uninvolved persons away from the area. (i)Orders the immediate removal of prisoners from the core, to the staging area, for processing and transportation to the County Jail. Transport officers are to return to the staging area after each run to the County Jail. (j)Commands the situation until a higher-ranking officer relieves him of those duties. (k)Requests the clearance of a radio frequency for use at the emergency. 206.7 EMERGENCY MOBILIZATION PLAN (a)When the mobilization of an Office or an entire Department mobilization is necessary, personnel follow these guidelines in the call up of off duty personnel. The coordination and organizational structure of the mobilization shall be consistent with the State Fire Marshall's I.C.S. (Incident Command System) methodology. Key personal designations, management control measures and event critiques shall be constructed consistent with the I.C.S. plan. (b)On duty Communications Center personnel shall be responsible for radio communication for the duration of any mobilization incident. When a mobilization Pismo Beach Police Department Pismo Beach PD Policy Manual Emergency Management Plan Copyright Lexipol, LLC 2020/07/16, All Rights Reserved. Published with permission by Pismo Beach Police Department Emergency Management Plan - 63 seems necessary to appropriately respond to an incident, the on duty supervisor shall contact the following personnel and initiate the outlined actions: 1.Chief of Police and inform him/her of the situation and request authorization for a Department wide mobilization. If the Chief of Police is not available, the Support Services Commander shall coordinate contact and approval. 2.A staff level supervisor (Commander) shall be appointed as the incident commander (IC) by the COP. He/she shall be responsible for the coordination and facilitation of the subsequent call out process, to include the distribution of required equipment. The IC will most often be the Operations Commander. 3.A preliminary decision regarding the number of officers and support personnel needed to meet the needs of the incident will be requested in this conversation. It is understood incidents that require a mobilization of the Department are extremely dynamic and therefore staffing requirements (stages of the Department's response) may change as the scenario evolves. The COP will be kept informed regarding the staffing needs of the incident until the mobilization is terminated. 4.A staging area for responding officers and supervisors will be identified and agreed upon by the COP.CALEA 46.1.3 e 5.The IC shall determine the number of personnel necessary to call up when he/ she receives notification of the emergency.CALEA 46.1.3 e (c)At the direction of the incident commander, assigned supervisors are responsible for contacting sworn and civilian staff. If the on duty watch supervisor involvement in the emergency prohibits him/her from making the contacts he/she shall assign the responsibility to the Communications Center, or other appropriately informed and supported Department supervisor to complete the call out process. (d)Supervisors making the notification calls shall advise the officers and support staff where to report and provide them with a brief summary of the status of the incident. Supervisor shall prepare a list of whom they contact to avoid making duplicate phone calls. This list shall be forwarded to the IC for planning and deployment of resources and for inclusion in the subsequent review of the incident. (e)If a request for mutual aid occurs, the IC shall instruct the other agencies to report to the staging area. Mutual aid shall be requested and mobilized per the in force agreement with the County Sheriff and State O.E.S.CALEA 46.1.3 c, d 206.7.1 DEMOBILIZATION The Incident Commander will authorize demobilization and resumption of normal operations. Consideration should be given to the need for recalling resources, and demobilization should be conducted accordingly. Demobilization should occur at a central location and have facilities to accommodate debriefing, rest and relaxation and essential need prior to releasing personnel. Pismo Beach Police Department Pismo Beach PD Policy Manual Emergency Management Plan Copyright Lexipol, LLC 2020/07/16, All Rights Reserved. Published with permission by Pismo Beach Police Department Emergency Management Plan - 64 Depending on the nature of the incident, consideration should be given to having peer counselors, and chaplains available for critical incident stress debriefings. A more formal critical stress debriefing may also occur at a later date. 206.8 REHEARSALS SEMS/NIMS training and rehearsals for all affected personnel will be conducted annually to include the mobilization and critical incident callout procedures. The training shall be coordinated by the Operations Commander and coordinated in conjunction with his/her counterpart from Cal Fire, who also serves as the Citywide EOC/Disaster Preparation Coordinator. CALEA 46.1.9 206.9 SPECIAL EVENTS PLAN (a)Any person requiring the assistance of the Pismo Beach Police Department for a parade, entertainment or sporting event, demonstration, etc., must first obtain approval from the City's Special Events Committee (construction projects will be approved by the City's Planning or Engineering Departments). Once approved, a Special Event Permit will be forwarded to the Operations Commander for review and development of a Special Events Plan if applicable. (b)The Operations Commander will contact the event organizers and discuss their needs. The Operations Commander decides what is necessary for traffic control, crowd control and potential crime problems expected for any given event. The Operations Commander shall use this information to determine the logistics for the placement and number of patrol/traffic and parking enforcements officers the event requires. (c)Prior to the event, the Operations Commander or designee may complete a Special Events Plan, depending on the size and scope of the event, and forward it to the Chief of Police or his/her designee for approval. The Special Events Plan shall include the name of the event, a brief description of the event, the date and time to occur, operational schedule, operational command, location of assignments, names of personnel utilized, radio call identifiers and equipment required. If the event is a parade, the Special Event Plan shall also include a map of the parade route. During the event, coordination between city agencies and event organizers shall be the responsibility of the assigned supervisor. At the conclusion of the event, the assigned supervisor shall prepare an after action report regarding the event and submit it to the Operations Commander. CALEA 46.2.7 206.9.1 ANNUAL REVIEW A documented annual review of the Emergency Management Plan will be conducted by the Chief of Police or his or her designee in order to assess the policy is contemporaneous and maintained in the latest bst practice of the incident command system and all of its components. Policy 207 Pismo Beach Police Department Pismo Beach PD Policy Manual Copyright Lexipol, LLC 2020/07/16, All Rights Reserved. Published with permission by Pismo Beach Police Department Budget/Fiscal Management & Accounting - 65 Budget/Fiscal Management & Accounting 207.1 PURPOSE AND SCOPE The Pismo Beach Police Department operates as a complex organization. It has a multi-million- dollar annual operating budget and requires structure and controls in the management of the public's money. The purpose of this Policy is to establish responsibility for both the annual budget process and for the way in which the budget is expended. Professional police management mandates preplanning based upon thorough analysis. This practice particularly applies to the preparation of the budget. It is the policy of the Pismo Beach Police Department to act knowingly and responsibly in all fiscal affairs. The maintenance of accurate financial records and the management of cash transactions is an important element in the business operations of a police department. Likewise, the storage, inventory and operational readiness of Department assets require strict attention. This policy sets procedure for tracking the Department budget and associated expenditures and the responsible handling of cash transactions. Further, it establishes a means to maintain a current inventory of Department equipment and ascribes responsibility to those charged with maintaining it. 207.2 FISCAL MANAGEMENT AUTHORITY AND RESPONSIBILITY The Chief of Police has authority over, and is accountable for, the Department's fiscal matters. The Chief's Office, in conjunction with the division commanders, is responsible for developing the annual budget. The Support Division Commander is responsible for supervising internal expenditures and is the liaison with the City's Finance and Administrative Services Department. CALEA 17.2.1 207.2.1 THE CHIEF OF POLICE IS CHARGED WITH: (a)Planning, organizing and directing the overall activities of the Pismo Beach Police Department; and serving as the City's chief law enforcement officer. (b)Overseeing the development and administration of the Department's annual budget to ensure quality, community-based, cost-effective services. (c)Conducting strategic and operational planning to ensure that services, programs and policing strategies meet the City's changing needs while being financially viable. (d)Establishing the overall Department goals and objectives and monitoring and evaluating departmental performance. 207.2.2 DIVISION COMMANDERS Each division commander is responsible for managing the fiscal activities of his/her division, including (but not limited to) the following: (a)Participation in the coordination of the annual budget development process; (b)Performing planning, researching and tracking of financial trends; Pismo Beach Police Department Pismo Beach PD Policy Manual Budget/Fiscal Management & Accounting Copyright Lexipol, LLC 2020/07/16, All Rights Reserved. Published with permission by Pismo Beach Police Department Budget/Fiscal Management & Accounting - 66 (c)Reviewing periodic budget reports; (d)Constructing periodic budget reports as required by the Police Department and/or the City of Pismo Beach; (e)Monitoring monthly financial reports for trends and accuracy; (f)Pinpointing areas of concern and alerting management; and (g)Preparing solutions for discussion and decision by the Chief of Police. 207.2.3 BUDGETING RESPONSIBILITY Division Commanders are charged with developing and managing their respective budgets, including: (a)Annual budget, goals and objectives development; (b)Approval of all expenditures; (c)Monitoring of budget; and (d)Reviewing monthly and quarterly reports on financial performance, performance measures, operational activities, and discussing goals and objectives during management team meetings. 207.3 AUTHORITY TO SIGN CONTRACTS AND AGREEMENTS In the Police Department, only the Chief of Police may sign a contractual agreement. Exception: this does not pertain to a rental contract. 207.4 BUDGET PROCESS The City of Pismo Beach has adopted a two-year budget format. The two-year budget forces the City to look beyond the current year and attempt to alleviate any shortfalls that may be present in the future. The two-year budget, as it stands, is in reality two distinct "one-year" budgets which runs from July 1 to June 30. The Pismo Beach Police Department budget is developed according to guidelines and time lines set forth by the City Council and City Manager. The development of the Department's budget is done with the cooperation of all the major organizational elements in the Department. The budget development process includes: (a)Formulation of annual goals and objectives; (b)Reporting of budget highlights for the preceding fiscal year; (c)Preparing proposed and historical expenditures and revenues by category; and (d)Projecting personnel resource requirements and assignments. Pismo Beach Police Department Pismo Beach PD Policy Manual Budget/Fiscal Management & Accounting Copyright Lexipol, LLC 2020/07/16, All Rights Reserved. Published with permission by Pismo Beach Police Department Budget/Fiscal Management & Accounting - 67 Once the initial draft of the proposed budget is completed, the Chief of Police, or his/her designee, will present the budget to the City Manager for review. The City Manager will hold meetings as required to review all aspects of the proposed budget and may revise the estimates as he/she deems advisable. Once approved by the City Manager, the proposed budget will be presented to the City Council. After making any changes deemed advisable, the City Council adopts the budget on or before June 30, which will be in effect for the ensuing two fiscal years. CALEA 17.2.1, CALEA 17.4.1 207.4.1 BUDGET RECOMMENDATIONS As part of the annual budget process, command staff will evaluate personnel and resource deployment against service demands and departmental requirements. Budget recommendations will include any proposed changes to existing resources and will be clearly and thoroughly justified in writing. CALEA 17.2.2 207.5 PURCHASING A centralized purchasing system is authorized and directed by the City of Pismo Beach Purchasing Procedures and §§ 54201 through 54205 of the California Government Code. All purchases made with City funds shall comply with the requirements set forth by the Purchasing Procedures. All Department requests for requisition and purchase of supplies, equipment and other operating expenses shall be submitted in memorandum form to the Division Commander for review. The Division Commander will request a Purchase Order for any expenditure over $500.00. All Purchase Order requests are completed by the Administrative Secretary. The Chief of Police must approve any purchase orders over the amount of $2,500.00. CALEA 17.3.1a,b,c,d,e 207.5.1 DOLLAR AMOUNT LIMITATIONS BY TYPE OF EXPENDITURE (a)Petty cash up to $50.00 unless otherwise designated by the City's Cash Handling Policy. (b)Departmental discretion purchases up to $10,000,. The Department follows the City of Pismo Beach Purchasing Procedures regarding the bid process. (c)All purchases over $30,000 must be approved by City Council. Note: Whenever possible, purchases should be grouped and larger purchases should be planned in advance. 207.5.2 OPEN AND BLANKET PURCHASE ORDERS Designated City employees may purchase goods and services on a credit basis at certain companies where an open or blanket purchase order has been created or an account established. Purchases are limited to $2,500.00 for any one purchase unless a purchase order has been created first. Pismo Beach Police Department Pismo Beach PD Policy Manual Budget/Fiscal Management & Accounting Copyright Lexipol, LLC 2020/07/16, All Rights Reserved. Published with permission by Pismo Beach Police Department Budget/Fiscal Management & Accounting - 68 Process: (a)After receiving Division Commander approval, employees may purchase goods or services from approved vendors. (b)Employees must list their department name, their name and the purchase order number. (c)The receipt or invoice, packing list or delivery ticket must be processed through the Police Administrative Secretary, signed by an authorized signature with a valid account number and returned to Accounts Payable immediately. 207.5.3 DEPARTMENTAL DISCRETION PURCHASES (a)Purchases up to $10,000.00 may be made by departments within the following guidelines: 1.Goods or services available within the City limits should be purchased from local vendors. 2.All purchases should be grouped by the department to provide the City with quantity purchase discounts whenever possible. 3.Departments are encouraged to call finance for advice in selecting a vendor for these purchases. 4.The item must not be available from existing department/division supply inventory or the City warehouse. (b)Process: 1.All purchases require the use of the red confirming stamp with date, description, account # and authorized signature on the invoice. 2.The red stamped invoice is sent to Accounts Payable for payment. 207.5.4 PURCHASE ORDERS BY ADMINISTRATIVE SECRETARY OR DIVISION COMMANDER (a)A purchase order needs to be completed containing a vendor ID; a ship to address; a requestor's name; the quantity; the unit cost; the proper description of what is to be purchased and an account number. (b)The purchase order will be routed for approval to the appropriate authorized signer, and it then will be sent back to the Administrative Secretary for processing. (c)When requisitioning items that have been purchased before, check the last purchase order. This may provide important information for placing the new order. (d)Provide as much information as possible, including any pertinent information in the item description field. Dollar estimates are required on all items requested. Pismo Beach Police Department Pismo Beach PD Policy Manual Budget/Fiscal Management & Accounting Copyright Lexipol, LLC 2020/07/16, All Rights Reserved. Published with permission by Pismo Beach Police Department Budget/Fiscal Management & Accounting - 69 (e)Getting Bids'"The Department will solicit bids from vendors on either an informal or formal basis, depending on the dollar amount of the purchase as specified in the City of Pismo Beach Purchasing Procedures. 207.6 CAPITAL IMPROVEMENTS A capital improvement is new construction or remodeling (i.e., improving the City's fixed assets) with a cost which is higher than $5,000.00. (a)Over $30,000.00 - Formal Bid - City Council awards. (b)Under $30,000.00 - Recommended Informal Bid'"Chief of Police recommends award to the City Manager who approves the decision. 207.6.1 PROFESSIONAL SERVICES Professional services are those rendered by attorneys, architects, engineers, accountants and specialized consultants. (a)Over $30,000.00 - Chief of Police takes approved contract to City Council through City Manager for approval. (b)Between $10,001.00 and $30,000.00 - Chief of Police takes contract to City Manager for approval. (c)Up to $10,000.00 - Approval by Chief of Police. 207.6.2 EMERGENCY PURCHASES Each year, an authorized signature listing is adopted for each City department. Such a list is maintained by the Executive Assistant and details the spending authority of department members. The City Manager may authorize any purchase contracts necessary to place the City of Pismo Beach in a position to protect the public health and safety effectively, protect property and provide emergency assistance in the event of any man-made or natural disaster. When necessary for the protection of public peace, health, safety, welfare or property or interests of the City or general public, a department may make a purchase not in compliance with these Purchasing Guidelines. In those cases, the Chief of Police or Division Commander will write and forward to Finance, a justification of the emergency, the purchase and will attest to using good judgment in selecting the vendor to provide the emergency goods or services. (a)Emergency Budget Requisitions 1.The Chief of Police may request additional funding for specific needs. The Administrative Services Director/City Manager is authorized to transfer budgeted amounts between departments within any fund; however, any revisions that alter the total expenditures of any fund must be approved by the City Council. Pismo Beach Police Department Pismo Beach PD Policy Manual Budget/Fiscal Management & Accounting Copyright Lexipol, LLC 2020/07/16, All Rights Reserved. Published with permission by Pismo Beach Police Department Budget/Fiscal Management & Accounting - 70 2.In the event additional operational funds are needed by the Police Department, the Chief of Police may forward a request for such funds to the City Manager and the Administrative Services Department. (b)Emergency Capital Purchases 1.Capital purchases are generally those which exceed $5,000 and involve building modifications, construction projects and equipment purchases having a useful life of two years or more. The budget process requires that capital purchases be specifically approved and adopted in the budget process. 2.Should the need arise mid-budget to make a capital purchase, it must be specifically justified as an emergency in order to advance the request to the Administrative Services Director. Employees identifying such a need must articulate to the Chief of Police in writing the specific item needed and the exigency prompting the immediate need to purchase the item. 207.7 FINANCIAL ACCOUNTING SYSTEM The City utilizes the computerized Wintegrate Accounting System. On a monthly basis, the Finance Manager forwards a financial status report to the Department showing: (a)Initial appropriation for each account. (b)Balances at the commencement of the monthly period. (c)Expenditures and encumbrances made during the period. (d)Unencumbered balances. The Department has access to the Wintegrate system data and retrieves information on the status of the Department's appropriations and expenditures. 207.7.1 ACCOUNTS PAYABLE Check Requests: (a)Checks will be processed within thirty (30) days of receipt and approval by the Finance Department. (b)Urgent requests may be made one week in advance. 207.7.2 CASH MANAGEMENT Moneys received during the normal course of business are for services rendered to the public. In order to maintain a true and accurate account of these moneys, the following guidelines will be followed: (a)Records Personnel accepting the money will place it in the locked cash drawer. Pismo Beach Police Department Pismo Beach PD Policy Manual Budget/Fiscal Management & Accounting Copyright Lexipol, LLC 2020/07/16, All Rights Reserved. Published with permission by Pismo Beach Police Department Budget/Fiscal Management & Accounting - 71 (b)Sworn Personnel accepting the money will place it in the locked drop box accompanied by the corresponding receipt. (c)A receipt will be given to the person making the purchase indicating the amount of the transaction and the corresponding reference number. (d)At least once a week, the Records Supervisor, or their designee, will reconcile the cash receipts with the cash register transaction records. Discrepancies will be investigated as appropriate. (e)Weekly cash receipts will be prepared for transmittal to the Finance Department in accordance with City policies and procedures. A balance of cash in an amount approved by the Finance and Administrative Services Department will be retained in the cash register for routine operations. (f)Cash stored in the cash register shall not be used as petty cash or for making change, except for issuing change as part of a regular transaction. CALEA 17.4.2 a,b,e,f 207.7.3 PETTY CASH FUNDS Petty Cash funds are maintained and controlled by the Secretary assigned to Police Administration. Disbursement of these funds is subject to fiscal controls, including proper receipts and records and shall be approved by a Division Commander On a monthly basis, the Secretary will replenish the petty cash fund, maintaining records of disbursements for periodic auditing by the Finance and Administrative Services Department. Petty Cash can be used for any purchases under $50.00. After an employee makes a valid purchase, a petty cash slip with the amount and date of the transaction, brief description of the expenditure and two signatures (one authorizing and one receiving the petty cash reimbursement) are required. The signatures can not be the same. A receipt should be attached to the petty cash slip. Any purchase out of the petty cash fund over $50.00 must be approved by the Chief of Police or his designee. Petty cash can also be used as an advance prior to a purchase. Again, the petty cash slip is completed and the word "ADVANCE" is noted on the slip. When the purchase has been made, a receipt is returned to the cashier holding the "ADVANCE" petty cash slip. Any difference between the advance and the actual cost is then returned to the City. CALEA 17.4.2a,b,c,d,e,f 207.7.4 UNDERCOVER FLASH FUND The Department allocates special funds for undercover operations. Procedures for the use of these funds is detailed in the Undercover Operations general order. Use of undercover funds is subject to fiscal controls, including proper receipts and records. The Support Services Commander shall be responsible and accountable for the use of undercover funds. Pismo Beach Police Department Pismo Beach PD Policy Manual Budget/Fiscal Management & Accounting Copyright Lexipol, LLC 2020/07/16, All Rights Reserved. Published with permission by Pismo Beach Police Department Budget/Fiscal Management & Accounting - 72 207.7.5 FOUND MONEY When cash is brought into this Department for safekeeping or as found property, the following procedure should be followed: (a)An incident report will be written to document receipt of the money. If the cash is received as the result of an incident for which a report is already being written, reference to the cash will be included in that report, and a new case is not necessary. (b)The money shall be properly packaged and booked into the Property Room. (c)The Property Technician will return moneys to their rightful owner or finder in accordance with State law and Pismo Beach City ordinances. Unclaimed moneys will be forwarded to the Finance and Administrative Services Department for deposit to the General Fund. 207.7.6 BAIL ACCOUNT Payments received as bail are processed through a separate account that is independent from the City's general financial system. Management oversight of the bail account is the responsibility of the Records Supervisor; maintenance and use of the bail account is the responsibility of the Police Records Specialist assigned to Warrants. Personal checks will not be accepted for the posting of bail. Cash, cashier's checks, certified money orders or signed traveler's checks will be accepted for bail. Bond documents will also be accepted but are not processed as cash receipts. Moneys received as bail will be stored in the Records area safe and will be deposited to the bail account on the next banking day. Following deposit of bail moneys, a check will be written to the appropriate court(s) and forwarded with all required documentation. 207.8 AUDITS Funds managed, collected and processed by Department personnel shall be subject to periodic audit by the Finance Director, Chief of Police or their designee. The audit process will include a review and evaluation of the fiscal control procedures and practices utilized. The Finance Director and the Chief of Police retain the right and authority to make unannounced audits to ensure: (a)Adherence to the procedures set forth in this directive (b)Proper fiscal control measures are being followed. 207.8.1 AUDITS OF DEPARTMENT FISCAL ACTIVITIES The records of Police Department financial transactions will be included with the general City financial records for auditing purposes. On an annual basis, the City shall examine all the financial records pertaining to the handling and disbursement of public funds. At the end of each fiscal year, Pismo Beach Police Department Pismo Beach PD Policy Manual Budget/Fiscal Management & Accounting Copyright Lexipol, LLC 2020/07/16, All Rights Reserved. Published with permission by Pismo Beach Police Department Budget/Fiscal Management & Accounting - 73 a final and complete audit and report is submitted to the City Manager, and copies are filed with the City Clerk's office, where they are available for public inspection. 207.8.2 INDEPENDENT AUDITS Independent audits are coordinated by the City Finance Director in accordance with City policy. 207.9 INVENTORY AND CONTROL OF PROPERTY All fixed assets controlled by the Pismo Beach Police Department with a value of $5,000 or higher will be marked with the City of Pismo Beach inventory control number . At least once annually, the Support Division Commander will account for these items to the Finance and Administrative Services Department, through the inventory conducted by the Sergeant assigned to equipment or his designee. The Equipment Sergeant shall be responsible for maintaining a supply of uniform accessories and replacement items (such as chemical agents, leather gear and rain wear) for interim issue to employees. The Department provides all uniforms and safety gear to employees through a private vendor. Vouchers to purchase these items are requested by the Equipment Sergeant and approved by the Operations Commander. A listing of all items of departmental property issued to members of the Department will be recorded and maintained in each member's personnel file. Each employee is responsible for the proper care, use and custody of equipment used by or issued to them and to immediately report any damage, malfunction or loss to their immediate supervisor. The Support Division Commander shall be responsible for maintaining an inventory of all badges. A supply of unassigned badges will be kept in a locked cabinet. Department-owned weapons and munitions will be under the control of the designated Range Master, who maintains an up-to-date inventory list. Any discrepancy in the inventory will be reported immediately through the chain of command to the Support Division Commander. Department-owned items that are used predominantly within one division (i.e., flashlights, radar guns, cameras, etc.) will be maintained by that division. Special Weapons and Tactics (SWAT) weapons and munitions will be controlled by the Range Master, but ordered and replaced through the Equipment Sergeant with the Operations Commander's approval.. Any agency-owned property that becomes inoperable through normal use shall be reported to the immediate supervisor of the section where that property is assigned or used, or in the case of individually assigned items to the Equipment Sergeant. It is the responsibility of that supervisor to notify the responsible Division Commander of the problem. CALEA 17.5.1 Policy 208 Pismo Beach Police Department Pismo Beach PD Policy Manual Copyright Lexipol, LLC 2020/07/16, All Rights Reserved. Published with permission by Pismo Beach Police Department Training Policy - 74 Training Policy 208.1 PURPOSE AND SCOPE The policy of the Pismo Beach Police Department is to administer a training program that will provide for the professional growth and continued development of its personnel. By so doing, the Police 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. CALEA 44.5.1 CALEA 33.7.2 CALEA 33.8.3 208.2 PHILOSOPHY The Pismo Beach Police Department seeks to provide on-going 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). CALEA 33.8.3, CALEA 33.8.4 208.3 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 CALEA 33.8.3 208.3.1 TRAINING MANAGER (a)The Training Manager will be a Police Sergeant as appointed by the Chief of Police. The Training Manager answers to the Support Services Commander. (b)The Training Manager must be familiar with each Division's training needs and have knowledge of training methods. The Chief of Police may appoint additional personnel to training management as necessary. (c)The Training Manager considers state law, POST requirements, current law enforcement trends, a Division's needs, and recommendations from a training committee when determining training needs. After reviewing these training needs, the Chief of Police or his/her designee decides which training topics have priority and how much training time to devote to each subject. Pismo Beach Police Department Pismo Beach PD Policy Manual Training Policy Copyright Lexipol, LLC 2020/07/16, All Rights Reserved. Published with permission by Pismo Beach Police Department Training Policy - 75 208.3.2 TRAINING COMMITTEE (a)The Training Manager will coordinate a Training Committee to discuss Departmental training needs and assessment. The Training Committee will meet annually. (b)The committee will be composed of the Training Manager, Field Training Administrator, and the Administrative Secretary at minimum. The Support Services Commander shall chair this committee and shall be the final authority for all recommendations. The Support Services Commander will appoint and replace committee members as needed. CALEA 33.1.1 a,b (c)The relationship of the training function to the Training Committee will be to achieve the best professional training needs and on going assessment for the organization. The training committee's authority is to make recommendations to the Training Manager, who will then submit these recommendations to the Chief of Police. The training committee's responsibilities will be active participation in the annual training committee meeting. The training committee reports its' recommendations to the Chief of Police through the Training Manager. CALEA 33.1.1 c,d,e 208.3.3 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 and to review and update all Lesson Plans on an annual basis. The updated plans will address issues involving legislative changes and case law, state mandated training, and critical / perishable skills. 208.3.4 ATTENDANCE REQUIREMENTS (a)Scheduled training is mandatory, and it is the employee's responsibility to attend all scheduled training. Supervisors are provided a copy of assigned training notification emails and are required to ensure there are no scheduling conflicts with regularly assigned duties. It is the employee's responsibility to notify their supervisor and the Training Manager immediately if a scheduling conflict occurs. (b)If an employee fails to attend scheduled training and future training is available, the employee may be rescheduled to attend at a later date. Missed mandatory training may result in disciplinary action. If the scheduled training is outside the Department, and the employee fails to attend portions thereof due to unforeseen issues (i.e., court attendance, personal or Departmental emergency, etc.) it is the responsibility of the employee to explain the absence to the instructor as well as the Training Manager. (c)Absences from training must be excused by the employee's supervisor, or the supervising instructor providing the training. Missed mandatory training must be rescheduled at a later date. CALEA 33.1.2 Pismo Beach Police Department Pismo Beach PD Policy Manual Training Policy Copyright Lexipol, LLC 2020/07/16, All Rights Reserved. Published with permission by Pismo Beach Police Department Training Policy - 76 208.3.5 EMPLOYEE REIMBURSEMENT The Department is committed to providing its employees with on-going, relevant, and professional training. Employees will be assigned to attend various training programs to improve critical skills related to law enforcement. The Department will make every effort to issue checks prior to the training program to cover the anticipated costs of mileage, meals, housing, fees, books or materials. If an employee is not issued the resources to cover authorized costs, the employee will be reimbursed for applicable expenses. Personnel will fill out the City of Pismo Beach Expense Claim form and attach relevant receipts. This form will be forwarded to the Administrative Secretary for processing and approval. CALEA 33.1.3 208.3.6 SHIFT BRIEFING TRAINING (a)Briefing training is generally conducted at the beginning of a patrol officer's assigned shift. Briefing training provides an opportunity for important exchange between employees and supervisors. A supervisor generally conducts briefing training; however, Corporals or senior officers may conduct briefing for training purposes with supervisor approval.CALEA 41.1.2 (b)Shift briefings should accomplish, at a minimum, the following basic tasks: 1.Briefing officers and dispatchers with information regarding daily patrol activity, with particular attention given to unusual situation and changes in the status of wanted persons, stolen vehicles, and major investigations; 2.Notifying personnel of changes in schedules and assignments; 3.Reviewing recent incidents for training purposes; 4.Providing training on a variety of subjects; 5.Evaluation of employee's readiness to assume their assigned duties; 6.Updating department personnel on the CALEA process.CALEA 41.1.2 (c)The supervisor conducting briefing training is responsible for the preparation of the materials necessary for a constructive briefing. Supervisors may designate this responsibility to a subordinate officer for training purposes (d)All employees, sworn and civilian, are responsible for completing the Lexipol Daily Training Bulletins. CALEA 33.5.2 208.3.7 CALEA ACCREDITATION TRAINING All Pismo Beach Police Department employees (sworn and non-sworn) will attend a training session educating them on the accreditation process. This will occur both during initial agency self-assessment phases associated with accreditation, as well as prior to any on-site assessment associated with each re-accreditation. The Accreditation Program Manager or his or her designee will ensure the appropriate training occurs for each member of the organization. The F.T.O. Sergeant will ensure all newly hired employees complete this training as a part of their initial training program. CALEA 33.5.3 b&c Pismo Beach Police Department Pismo Beach PD Policy Manual Training Policy Copyright Lexipol, LLC 2020/07/16, All Rights Reserved. Published with permission by Pismo Beach Police Department Training Policy - 77 All newly hired agency personnel shall, within a two week-time period after employment begins, attend an introduction to accreditation and CALEA. The F.T.O. supervisor/sergeant will ensure all newly hired employees complete the training as a part of their initial orientation. CALEA 33.5.3 a 208.3.8 EMPLOYEE TRAINING RECORDS The Pismo Beach Police Department will maintain and update records of training received by Department personnel. As personnel complete training programs, they will fill out a Department Training Records Form. The form will document the dates of training and type of training received. The employee will then route the form, along with copies of certificates received, to the Training Manager. The Training Manager will then cause the employee's training record to be updated. CALEA 33.1.6 208.3.9 RECORDS OF AGENCY TRAINING SESSIONS The Training Manager will maintain a lesson-plan file containing all lesson plans trained within the Department. Each employee attending the in-service departmental training will sign and have a copy of the Training Records form placed into his or her training file. If a test was given, or scores calculated, these will be placed into the training file as well. CALEA 33.1.7 a,b,c 208.4 DEPARTMENT TRAINING INSTRUCTORS Ordinarily, training instructors for professional training of employees of the Pismo Beach Police Department are certified through the California Commission on Peace Officer Standards and Training. The Police Department follows POST guidelines when becoming certified instructors. Certified instructors of POST courses are titled "Instructors Course," or "Train-the-Trainer," courses. Officers selected to perform the role of Field Training Officer must successfully complete a POST certified F.T.O. course prior to training new sworn employees. As such, they also perform the role of teacher and/or instructor. Departmental instructors who have become certified to teach a POST course, or those employees who have developed enough skills, expertise and training to develop their own training that is not POST certified, but for internal Departmental training only must at a minimum perform the following: CALEA 1.3.11 a (a)Lesson plan development (b)Developing Students Performance Objectives (c)Demonstration of instructional techniques (d)Testing and Evaluation techniques (e)Understanding learning theory (f)Proper testing procedures Pismo Beach Police Department Pismo Beach PD Policy Manual Training Policy Copyright Lexipol, LLC 2020/07/16, All Rights Reserved. Published with permission by Pismo Beach Police Department Training Policy - 78 (g)Developing program resources The Police Department does not ordinarily use instructors unless they meet the above requirements. The agency does make exceptions if a particular instructor teaches a special skill or possesses special knowledge. For example, Tactical Communication taught by a Police Department employee who is not a POST certified instructor, but who has received enough training and expertise to teach the subject may be authorized. Another example might be a detective instructing officers on proper investigative techniques, etc. The Support Services Commander and the Training Manager must approve these instructors. 208.4.1 LESSON PLAN DEVELOPMENT All instructors conducting training sessions for Department personnel must have a lesson plan for each course of instruction. Lesson plan development is the responsibility of the instructor conducting the training course. A lesson plan can be as simple as a course outline, establishing what type of training will be provided, but must include: (a)A statement of performance and job-related activities, CALEA 33.1.4 a (b)The content of training and the specifications of the appropriate instructional techniques, CALEA 33.1.4 b (c)As well as identification of any tests administered whether they are practical or written. CALEA 33.1.4 d The Training Manager and the Support Services Commander must review and approve all in-service lesson plans, as well as location of proposed training, equipment to be used, and instructors. This is to ensure all safety precautions are adhered to, adequate equipment obtained and proper expertise available to administer the training. The instructor and the Training Manager will coordinate the scheduling for the in-service departmental training, to ensure the least amount of normal schedule disruption to employees attending the training and to limit overtime expenditures. CALEA 33.1.4 208.4.2 REMEDIAL TRAINING If an employee fails to complete training scheduled by the Department, they may be required to attend remedial training. This may be either in-service department training or outside the Department. If an employee fails training, the Training Manager will notify the employee's supervisor and their Division Commander in writing immediately. If an employee's supervisor outlines remedial training needed in a performance evaluation, the supervisor may initiate a Pismo Beach Police Department Pismo Beach PD Policy Manual Training Policy Copyright Lexipol, LLC 2020/07/16, All Rights Reserved. Published with permission by Pismo Beach Police Department Training Policy - 79 Personal Improvement Program (P.I.P.), which will outline specific training needed to improve performance, as well as a realistic timeline for completion. The employee's supervisor is responsible for administering the P.I.P. per General Order § 1003.CALEA 26.1.4 a, CALEA 33.1.5 208.5 CIVILIAN EMPLOYEE TRAINING (a)Since orientation training is usually division specific, it is up to each division to ensure that each new employee receives appropriate orientation in the following areas: 1.The agency's role in law enforcement 2.The goals and objectives of their assigned Office 3.Using the General Orders Manual 4.Explanation of the accreditation process 5.The Office working conditions and regulations 6.A copy of the employee's classification description and explanation of the position requirements 7.The collective bargaining agreement and employee's rights. (b)Normally, the Police Department requires that an individual provide appropriate certification(s) or documentation that demonstrates education and experience commensurate with the duties of the position for which they have applied when an applicant applies for any of the following classifications: 1.Records Clerk 2.Support Services Supervisor 3.Administrative Secretary 4.Community Services Officer 5.Public Safety Technician (c)All other civilian positions must meet pre-employment minimum qualifications and successfully complete a probationary period that includes intensive on the job training. All civilian positions require in-service training in First Aid and CPR Certification. 1.Civilian employees receive position specific documented in-service training as necessary, including: (a)Inter-personal communications skills (b)Computer skills (c)Public relations skills (d)Self-defense tactics (e)Cultural diversity (f)Interaction with persons suspected of suffering from mental illness. (CALEA 41.2.7d) Pismo Beach Police Department Pismo Beach PD Policy Manual Training Policy Copyright Lexipol, LLC 2020/07/16, All Rights Reserved. Published with permission by Pismo Beach Police Department Training Policy - 80 (g)Ethics (CALEA 1.1.2) (h)Stress recognition training 2.Civilian employees receive documented refresher training at least every three years in the following: (a)Ethics (CALEA 1.1.2) (b)Interaction with mentally disabled persons. (CALEA 41.2.7e) 3.Dispatchers shall receive documented initial and refresher training as follows: (a)Upon hiring the dispatcher shall complete on-job training as specified by POST using the POST training manual. (b)Within the first year of employment, the trainee will attend a POST dispatch academy. (c)All dispatchers shall participate in annual training on skills such as EMD, CLETS, TDD and CPR. (d)All dispatchers shall complete 24 hours of training every two years to meet POST requirements. 4.Tactical Dispatchers will receive annual and refresher training with the County SWAT team. CALEA 33.7.1 a,b,c. CALEA 33.7.2 208.5.1 RECRUIT TRAINING The Pismo Beach Police Department strives to provide all employees with the highest level of training possible. The agency realizes that personnel function best when they learn necessary skills at the beginning of their careers and receive reinforcement of these skills throughout their employment. CALEA 33.4.2 208.5.2 ADMINISTRATION OF THE TRAINING CENTER The Pismo Beach Police Department does not operate a basic training academy. The agency relies on Commission for Peace Officer Standards and Training (POST) certified regional training academies to meet these basic training requirements. These police academies are mandated, monitored and certified by POST within California, and include a series of intense learning domains applicable for the job position. CALEA 33.4.2 208.5.3 OUTSIDE TRAINING ACADEMIES The Commission on Peace Officer Standards and Trining (POST) has established a standardized format for all certified police academies. Only academies that are capable of presenting all components of the Training and Testing Specifications for Peace Officer Basic Courses specified for the Regular Basic Course (RBC), and meeting the requirements for POST course certification. as specified in Regulations 105-1054, are used by this agency. Pismo Beach Police Department Pismo Beach PD Policy Manual Training Policy Copyright Lexipol, LLC 2020/07/16, All Rights Reserved. Published with permission by Pismo Beach Police Department Training Policy - 81 The Allan Hancock College Regional Training Facility is a Public Safety Training Academy specializing in the training of Public Safety Personnel. The Commission on Peace Officer Standards and Training (POST) certifies all law enforcement courses. Currently, the Pismo Beach Police Department utilizes the Allan Hancock College Regional Training Facility for all basic academy training and other POST Certified Courses. The Pismo Beach Police Department assumes normal liabilities for employees during training, either on site or at other locations. It will be the responsibility of the Field Trainig (FTO) Sergeant, or his/her designee, to periodically make contact with academy staff members to become aware of progress made and deficiencies incurred by Pismo Beach Police Department recruits currently attending the academy. The FTO Sergeant shall ensure that this contact occures at least twice during the academy and only the FTO Sergeant, a designated FTO or department management personnel shall make these contacts. All contacts shall be documented in the form of a memorandum from the person(s) making contact, to be inclulded in the recruits training file. CALEA 33.4.3 d 208.5.4 ACADEMY ORIENTATION HANDBOOK The assigned recruit will be provided with an orientation handbook prior to, or at the time the academy begins. This handbook will minmally include the academy expectations, rules and regulations. 208.5.5 TRAINING ON POLICIES AND PROCEDURES After an employee receives a POST Basic Academy Certificate and law enforcement employment with the Pismo Beach Police Department, they must complete additional training with a Field Training Officer. The Field Training Officer instructs the employee on the agency's policies and procedures. CALEA 1.3.12 208.5.6 RECRUIT TRAINING PRIOR TO BEING SWORN The Pismo Beach Police Department requires all full-time sworn officers to comply with California Penal Code Section 832(a). Reserve Peace Officers are required to be in compliance with California Penal Code Section 832.6(a)(1), (2) and (3). All recruits will complete the Basic Course of Instruction at a qualified police academy prior to becoming a sworn officer. 208.6 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.First choice vacation 3.Sick leave 4.Physical limitations preventing the employee’s participation. Pismo Beach Police Department Pismo Beach PD Policy Manual Training Policy Copyright Lexipol, LLC 2020/07/16, All Rights Reserved. Published with permission by Pismo Beach Police Department Training Policy - 82 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. CALEA 33.1.2 CALEA 33.1.3 208.7 ANNUAL IN-SERVICE TRAINING The Department makes every effort to ensure on-going training to employees. This training shall be structured to motivate experienced officers and to further the professionalism of the agency. In- service training may take the form of training bulletins, assigned training courses, briefing training, etc. The training should include: (a)Firearms qualification course administered annually according to the firearms policy CALEA 1.3.10 CALEA 1.3.11 (b)Updates on policies, procedures, rules, regulations and legal updates. CALEA 1.3.11 (c)Mandated courses, certifications and re-certifications (i.e. first aid, CPR, POST, etc) (d)Police procedures and tactics including Officer safety, responses to unusual incidents. (e)Use of force policies/ issues to include proper application, deadly force issues, control holds, weaponless defense, carotid holds, less lethal devices, etc. CALEA 1.3.10 CALEA 1.3.11 (f)Perishable skills such as driving, tactical communication, discretionary decision making, etc. (g)Department's Multi-Hazard Emergency Response (All Hazard) Plan which encompasses disasters, civil disturbances and special operations. CALEA 46.1.9 208.8 DAILY TRAINING BULLETINS The Lexipol Daily Training Bulletins (DTBs) is a web-accessed system that provides training on the Pismo Beach 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, Pismo Beach Police Department Pismo Beach PD Policy Manual Training Policy Copyright Lexipol, LLC 2020/07/16, All Rights Reserved. Published with permission by Pismo Beach Police Department Training Policy - 83 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. CALEA 33.5.1 CALEA 1.1.4 208.9 SPECIALIZED TRAINING The Department provides position specific training, as applicable, to employees who work in specialized assignments. This ensures the highest level of employee performance and efficiency and helps the agency to maintain an exceptional level of service to the community. (a)Specialized units or positions include but are not limited to: 1.Investigator 2.Field Evidence Technician (FET) 3.Field Training Officers (FTO) 4.Canine Handler (K-9) 5.Critical Incident Response Team (CIRT) 6.Traffic / Motorcycle Officers 7.Special Problems Unit (SPU) 8.Rangemaster 9.Accreditation Manager Special in-service training, pre-and post-assignment, ensures employees who work in specialized units or positions are constantly informed and familiar with current skills, tactics, techniques, products and trends. The training and retraining by way of updates, allows employees to develop and enhance their skills, knowledge, and abilities used for their specific assignment. This training will include supervised on the job training. CALEA 33.06.01 Officers assigned to the San Luis Obispo Regional S.W.A.T. Team meet regularly to conduct specialized training. The General Orders Manual details this training in § 408. The SLO Regional S.W.A.T Team training coordinator is responsible for ensuring the documentation of all training Pismo Beach Police Department Pismo Beach PD Policy Manual Training Policy Copyright Lexipol, LLC 2020/07/16, All Rights Reserved. Published with permission by Pismo Beach Police Department Training Policy - 84 and for ensuring that the training records are updated on each employee's record according to established procedures. The Department's Training Sergeant will be responsible for updating department training files for those assigned officers and dispatchers. Personnel assigned to the position of accreditation manager shall receive specialized accreditation manager training within one year of being appointed. As the accreditation manager position requires familiarization with the accreditation process, at a minimum, the personnel assigned should receive training on the essential components of the process, the standards manual and file maintenance. The manager should attend at least one CALEA Conference during each award period and participate in the Police Accreditation Coalition (PAC). (CALEA 33.05.04) The Training Manager, working with the officers' supervisor and manager, schedules and coordinates specialized training to employees working in specialized positions. Specialized in- service training includes: •Chain of Command Structure •Unit or position management, administration, and supervision •Personnel policies •Support services for the employee's specific function •Supervised on the job training as necessary CALEA 33.6.1 a, b, c After promotion, the Department sends new supervisors and mangers to specialized training courses to better prepare them for their command duties. The Department further provides on- going, in-service training to supervisors and managers to foster and cultivate organizational leadership. 208.9.1 CAREER DEVELOPMENT (a)The Department recognizes that career development promotes productive, efficient and effective job performance, improves job satisfaction, and provides employees with individual opportunities for growth and development. Career development is vital in assisting the agency in meeting its goal to provide exceptional public safety services to the community. (b)All sworn and civilian personnel who are promoted to first line supervisor must successfully complete the POST Supervision Course, within the first year of appointment. All personnel receiving promotion to a mid-management level must complete the POST Management Course within the first year of appointment. CALEA 33.8.2 Pismo Beach Police Department Pismo Beach PD Policy Manual Training Policy Copyright Lexipol, LLC 2020/07/16, All Rights Reserved. Published with permission by Pismo Beach Police Department Training Policy - 85 (c)When employees are promoted to a supervisory level, they receive training in counseling and career development skills as part of the supervisor training process. This training provides increased skills and knowledge in the following areas: 1.General counseling techniques. 2.Skills, knowledge and ability assessment techniques. 3.Record keeping techniques. 4.Availability of outside resources. 5.Awareness of the cultural backgrounds of ethnic groups within the agency. 6.Educational opportunities and incentive programs. 7.Salary, benefits, and training opportunities within the agency. Additional career counseling resources are sometimes available through the Human Resources Director. Supervisors should use those resources as appropriate. CALEA 33.8.1, CALEA 33.8.3 208.9.2 CODE OF ETHICS At least biennally, ethics training will be conducted for all personnel. CALEA 1.1.2 Policy 212 Pismo Beach Police Department Pismo Beach PD Policy Manual Copyright Lexipol, LLC 2020/07/16, All Rights Reserved. Published with permission by Pismo Beach Police Department Electronic Mail - 86 Electronic Mail 212.1 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. 212.2 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. 212.3 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 and must be approved by the Chief of Police or a Division Commander. Personal advertisements are not acceptable. 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. 212.4 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. Pismo Beach Police Department Pismo Beach PD Policy Manual Electronic Mail Copyright Lexipol, LLC 2020/07/16, All Rights Reserved. Published with permission by Pismo Beach Police Department Electronic Mail - 87 The Custodian of Records shall ensure that email messages are retained and recoverable as outlined in the Records Maintenance and Release Policy. Policy 214 Pismo Beach Police Department Pismo Beach PD Policy Manual Copyright Lexipol, LLC 2020/07/16, All Rights Reserved. Published with permission by Pismo Beach Police Department Administrative Communications - 88 Administrative Communications 214.1 PURPOSE AND SCOPE Administrative communications of this department are governed by the following policies. 214.2 MEMORANDUMS Memorandums may be issued periodically by the Chief of Police or Command Staff to announce and document all promotions, transfers, hiring of new personnel, separations, personnel and group commendations, or other changes in status. 214.3 CORRESPONDENCE In order to ensure that the letterhead and name of the Pismo Beach Police Department is not misused, all external correspondence shall be on Department letterhead. All Department letterhead shall bear the signature element of the Chief of Police. Personnel should use Department letterhead only for official business and with approval of their supervisor. 214.4 DEPARTMENT SURVEYS All surveys made in the name of the Pismo Beach Police Department shall be authorized by the Chief of Police or a Division Commander. Policy 216 Pismo Beach Police Department Pismo Beach PD Policy Manual Copyright Lexipol, LLC 2020/07/16, All Rights Reserved. Published with permission by Pismo Beach Police Department Staffing Levels - 89 Staffing Levels 216.1 PURPOSE AND SCOPE The purpose of this policy is to ensure that adequate staffing to respond to emergencies and calls for service 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 Department's need to meet operational requirements, CALEA 41.1.1b 216.2 MINIMUM STAFFING LEVELS Minimum staffing levels should result in the scheduling of at least three officers on duty whenever possible. Supervisors may use discretion and reduce the minimum staffing to two officers between the hours of 0300 and 1100 hours in circumstances where minimum staffing of three cannot be met and where the activity level is minimal. Watch Commanders should ensure that at least one field supervisor or corporal is deployed during each watch. CALEA 41.1.1b 216.2.1 SUPERVISION DEPLOYMENTS In order to accommodate training and other unforeseen circumstances, employees classified as "Corporal" may be used as field supervisors instead of a field sergeant. A Senior Officer may act as a Watch Commander for a limited period of time with prior authorization from the Operations Division Commander. 216.3 SHIFT ASSIGNMENTS, ROTATION AND BEAT ASSIGNMENTS Officers are assigned to patrol shifts based on a team concept of four patrol teams rotating every four months as a unit. Days off and work schedules follow a consistent rotational pattern. This does not supercede managements' rights as provided by MOU. Patrol Supervisors will assign beats on a rotational basis. CALEA 41.1.1b,c,d,e,f Policy 218 Pismo Beach Police Department Pismo Beach PD Policy Manual Copyright Lexipol, LLC 2020/07/16, All Rights Reserved. Published with permission by Pismo Beach Police Department License to Carry a Firearm - 90 License to Carry a Firearm 218.1 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. 218.1.1 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). 218.2 POLICY The Pismo Beach Police Department will fairly and impartially consider all applications to carry firearms in accordance with applicable law and this policy. 218.3 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 Pismo Beach (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). The applicant shall provide at least three letters of character reference. (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. Pismo Beach Police Department Pismo Beach PD Policy Manual License to Carry a Firearm Copyright Lexipol, LLC 2020/07/16, All Rights Reserved. Published with permission by Pismo Beach Police Department License to Carry a Firearm - 91 (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). 218.4 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. 218.4.1 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 Pismo Beach 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). Pismo Beach Police Department Pismo Beach PD Policy Manual License to Carry a Firearm Copyright Lexipol, LLC 2020/07/16, All Rights Reserved. Published with permission by Pismo Beach Police Department License to Carry a Firearm - 92 (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 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). 218.4.2 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). Pismo Beach Police Department Pismo Beach PD Policy Manual License to Carry a Firearm Copyright Lexipol, LLC 2020/07/16, All Rights Reserved. Published with permission by Pismo Beach Police Department License to Carry a Firearm - 93 (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). (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). 218.5 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 Pismo Beach (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). Pismo Beach Police Department Pismo Beach PD Policy Manual License to Carry a Firearm Copyright Lexipol, LLC 2020/07/16, All Rights Reserved. Published with permission by Pismo Beach Police Department License to Carry a Firearm - 94 (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). 218.6 ISSUED FIREARMS PERMITS In the event a license to carry a firearm is issued by the Chief of Police, the following shall apply: (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 be laminated, bearing a photograph of the licensee with the expiration date, type of firearm, restrictions and other pertinent information 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. Pismo Beach Police Department Pismo Beach PD Policy Manual License to Carry a Firearm Copyright Lexipol, LLC 2020/07/16, All Rights Reserved. Published with permission by Pismo Beach Police Department License to Carry a Firearm - 95 218.6.1 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. 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. 218.6.2 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. 218.6.3 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. Pismo Beach Police Department Pismo Beach PD Policy Manual License to Carry a Firearm Copyright Lexipol, LLC 2020/07/16, All Rights Reserved. Published with permission by Pismo Beach Police Department License to Carry a Firearm - 96 (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. If any license is revoked, the Department will immediately notify the licensee in writing and the California DOJ (Penal Code § 26225). 218.6.4 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). 218.6.5 LOST/MUTILATED/DESTROYED PERMIT If the Permit to Carry a Concealed Weapon is lost, the Police Department must be notified within ten (10) days. A replacement permit may be requested at that time. 218.7 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: Pismo Beach Police Department Pismo Beach PD Policy Manual License to Carry a Firearm Copyright Lexipol, LLC 2020/07/16, All Rights Reserved. Published with permission by Pismo Beach Police Department License to Carry a Firearm - 97 (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. 218.8 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)). 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 220 Pismo Beach Police Department Pismo Beach PD Policy Manual Copyright Lexipol, LLC 2020/07/16, All Rights Reserved. Published with permission by Pismo Beach Police Department Retiree Concealed Firearms - 98 Retiree Concealed Firearms 220.1 PURPOSE AND SCOPE The purpose of this policy is to provide guidelines for the issuance, denial, suspension or revocation of Pismo Beach Police Department identification cards under the Law Enforcement Officers’ Safety Act (LEOSA) and California law (18 USC § 926C; Penal Code § 25455). 220.2 POLICY It is the policy of the Pismo Beach Police Department to provide identification cards to qualified former or retired officers as provided in this policy. 220.3 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. 220.3.1 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 Pismo Beach 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. 220.3.2 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 Pismo Beach Police Department Pismo Beach PD Policy Manual Retiree Concealed Firearms Copyright Lexipol, LLC 2020/07/16, All Rights Reserved. Published with permission by Pismo Beach Police Department Retiree Concealed Firearms - 99 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. 220.4 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). 220.4.1 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.” 220.4.2 QUALIFIED RETIREES FROM INCORPORATED JURISDICTION The Pismo Beach 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): Pismo Beach Police Department Pismo Beach PD Policy Manual Retiree Concealed Firearms Copyright Lexipol, LLC 2020/07/16, All Rights Reserved. Published with permission by Pismo Beach Police Department Retiree Concealed Firearms - 100 (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. 220.4.3 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). 220.5 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. 220.5.1 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. 220.5.2 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. 220.6 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 Pismo Beach Police Department Pismo Beach PD Policy Manual Retiree Concealed Firearms Copyright Lexipol, LLC 2020/07/16, All Rights Reserved. Published with permission by Pismo Beach Police Department Retiree Concealed Firearms - 101 revoked, the former officer may request a review by the Chief of Police. The decision of the Chief of Police is final. 220.7 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. 220.8 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.” Pismo Beach Police Department Pismo Beach PD Policy Manual Retiree Concealed Firearms Copyright Lexipol, LLC 2020/07/16, All Rights Reserved. Published with permission by Pismo Beach Police Department Retiree Concealed Firearms - 102 (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). 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. Pismo Beach Police Department Pismo Beach PD Policy Manual Copyright Lexipol, LLC 2020/07/16, All Rights Reserved. Published with permission by Pismo Beach Police Department General Operations - 103 Chapter 3 - General Operations Policy 300 Pismo Beach Police Department Pismo Beach PD Policy Manual Copyright Lexipol, LLC 2020/07/16, All Rights Reserved. Published with permission by Pismo Beach Police Department Use of Force - 104 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 - Any use of force that creates a substantial risk of causing death or serious bodily injury, including but not limited to the discharge of a firearm (Penal Code § 835a). 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. CALEA 1.3.4 300.2 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. CALEA 1.3.1 CALEA 26.1.1 300.2.1 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. CALEA 26.1.1 300.3 USE OF FORCE Officers shall use only that amount of force that reasonably appears necessary given the facts and totality of the circumstances known to or perceived by the officer at the time of the event to accomplish a legitimate law enforcement purpose (Penal Code § 835a). 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 Pismo Beach Police Department Pismo Beach PD Policy Manual Use of Force Copyright Lexipol, LLC 2020/07/16, All Rights Reserved. Published with permission by Pismo Beach Police Department Use of Force - 105 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 objectively 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 objectively 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. Retreat does not mean tactical repositioning or other de-escalation techniques (Penal Code § 835a). CALEA 1.3.1 CALEA 1.3.4 CALEA 26.1.1 300.3.2 DEFINITIONS The following definitions apply to this policy: Probable Cause - Exists when, under the totality of the circumstances known, a prudent person would have concluded that there was a fair probability that [the defendant] had committed a crime. Reasonable Belief - An objective belief determined by the facts and circumstances reasonably available to the Officer at the time and viewed from the perspective of an ordinary reasonable peace officer in the same situation. Serious Bodily Injury - An injury that creates a substantial risk of death, serious permanent disfigurement, or long term loss or impairment of the function of any bodily member or organ. CALEA 1.3.2 300.3.3 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: Pismo Beach Police Department Pismo Beach PD Policy Manual Use of Force Copyright Lexipol, LLC 2020/07/16, All Rights Reserved. Published with permission by Pismo Beach Police Department Use of Force - 106 (a)The apparent immediacy and severity of the threat to officers or others (Penal Code § 835a). (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). (d)The conduct of the involved officer (Penal Code § 835a). (e)The effects of drugs or alcohol. (f)The individual's apparent mental state or capacity (Penal Code § 835a). (g)The individual’s apparent ability to understand and comply with officer commands (Penal Code § 835a). (h)Proximity of weapons or dangerous improvised devices. (i)The degree to which the subject has been effectively restrained and his/her ability to resist despite being restrained. (j)The availability of other reasonable and feasible options and their possible effectiveness (Penal Code § 835a). (k)Seriousness of the suspected offense or reason for contact with the individual. (l)Training and experience of the officer. (m)Potential for injury to officers, suspects, and others. (n)Whether the person appears to be resisting, attempting to evade arrest by flight, or is attacking the officer. (o)The risk and reasonably foreseeable consequences of escape. (p)The apparent need for immediate control of the subject or a prompt resolution of the situation. (q)Whether the conduct of the individual being confronted no longer reasonably appears to pose an imminent threat to the officer or others. (r)Prior contacts with the subject or awareness of any propensity for violence. (s)Any other exigent circumstances. CALEA 1.3.1 CALEA 1.3.4 CALEA 26.1.1 300.3.4 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 application of the technique may be controlled given the level of resistance. (b)Whether the person can comply with the direction or orders of the officer. Pismo Beach Police Department Pismo Beach PD Policy Manual Use of Force Copyright Lexipol, LLC 2020/07/16, All Rights Reserved. Published with permission by Pismo Beach Police Department Use of Force - 107 (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. CALEA 1.3.4 300.3.5 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. CALEA 1.3.11 (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. CALEA 1.3.5 (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. (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. CALEA 1.3.4 Pismo Beach Police Department Pismo Beach PD Policy Manual Use of Force Copyright Lexipol, LLC 2020/07/16, All Rights Reserved. Published with permission by Pismo Beach Police Department Use of Force - 108 300.3.6 USE OF FORCE TO SEIZE EVIDENCE In general, officers may use reasonable force to lawfully seize evidence and to prevent the destruction of evidence. However, officers are discouraged from using force solely to prevent a person from swallowing evidence or contraband. 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. Officers are encouraged to use techniques and methods taught by the Pismo Beach Police Department for this specific purpose. 300.4 DEADLY FORCE APPLICATIONS If an objectively reasonable officer would consider it safe and feasible to do so under the totality of the circumstances, officers should evaluate the use of other reasonably available resources and techniques when determining whether to use deadly force. The use of deadly force is only justified in the following circumstances (Penal Code § 835a): (a)An officer may use deadly force to protect him/herself or others from what he/she reasonably believes is an imminent threat of death or serious bodily injury to the officer or another person. (b)An officer may use deadly force to apprehend a fleeing person for any felony that threatened or resulted in death or serious bodily injury, if the officer reasonably believes that the person will cause death or serious bodily injury to another unless immediately apprehended. Where feasible, the officer shall, prior to the use of force, make reasonable efforts to identify themselves as a peace officer and to warn that deadly force may be used, unless the officer has objectively reasonable grounds to believe the person is aware of those facts. Officers shall not use deadly force against a person based on the danger that person poses to him/ herself, if an objectively reasonable officer would believe the person does not pose an imminent threat of death or serious bodily injury to the officer or to another person (Penal Code § 835a). An “imminent” threat of death or serious bodily injury exists when, based on the totality of the circumstances, a reasonable officer in the same situation would believe that a person has the present ability, opportunity, and apparent intent to immediately cause death or serious bodily injury to the officer or another person. An officer’s subjective fear of future harm alone is insufficient as an imminent threat. An imminent threat is one that from appearances is reasonably believed to require instant attention (Penal Code § 835a). 300.4.1 SHOOTING AT OR FROM MOVING VEHICLES Shots fired at or from a moving vehicle are rarely effective. Officers should move out of the path of an approaching vehicle instead of discharging their firearm at the vehicle or any of its occupants. 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. Officers should not shoot at any part of a vehicle in an attempt to disable the vehicle. Pismo Beach Police Department Pismo Beach PD Policy Manual Use of Force Copyright Lexipol, LLC 2020/07/16, All Rights Reserved. Published with permission by Pismo Beach Police Department Use of Force - 109 300.4.2 NOTIFICATION TO SUPERVISORS Supervisory notification shall be made as soon as practical following the application of physical force, under any of the following circumstances: (a)Where the application of force appears to have caused physical injury. (b)The individual has expressed a complaint of pain. (c)Any application of a less lethal control device. (d)Where the individual has been rendered unconscious. CALEA 41.2.4 300.5 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. A report will be submitted whenever an employee discharges a firearm for other than training or recreational purposes; takes an action that results in, or is alleged to have resulted in injury or death to another; applies force through the use of lethal or less lethal weapons; or applies weaponless physical force at a level as defined by policy. CALEA 1.3.6 CALEA 1.2.7 300.5.1 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. Pismo Beach Police Department Pismo Beach PD Policy Manual Use of Force Copyright Lexipol, LLC 2020/07/16, All Rights Reserved. Published with permission by Pismo Beach Police Department Use of Force - 110 300.5.2 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. 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 MANAGEMENT RESPONSIBILITIES The Use of Force Review Form, copy of the incident/crime report and any investigative reports shall be forwarded, via chain of command, to the Operations Division Commander. The Operations Commander will review the reported incident and assess the supervisor's investigative findings. The Operations Commander will provide an opinion of whether the use of force was justified. If the use of force appears appropriate, the Commander will sign the "Use of Force Review Form" acknowledging his/her review. The "Use of Force Review Form" will then be filed by the Operations Commander. If the use of force appears to violate policy, the Operations Commander will notify the Chief of Police and request an internal administrative investigation be initiated. CALEA 1.3.7 Pismo Beach Police Department Pismo Beach PD Policy Manual Use of Force Copyright Lexipol, LLC 2020/07/16, All Rights Reserved. Published with permission by Pismo Beach Police Department Use of Force - 111 300.7.1 ANNUAL ANALYSIS OF USE OF FORCE The Operations Division Commander conducts a documented annual analysis of those reports required by CALEA Standard 1.3.6. The Operations Commander will review all "Use of Force Review Forms" and complete an annual report documenting any patterns or trends that could indicate training needs, equipment upgrades, and/or policy modifications. This annual analysis report will be completed in January of each year and forwarded to the Chief of Police for his/her review. The Training Committee will also review the Annual Use of Force Analysis during their annual training needs assessment meeting. CALEA 1.3.7 CALEA 1.3.13 300.7.2 RELIEF FROM DUTY PENDING ADMINISTRATIVE REVIEW Any employee of the Pismo Beach Police Department, whose action(s) or use of force in an official capacity results in death or serious injury, will be placed on paid, administrative leave by the Chief of Police, pending an administrative review of the event. When an employee is involved in an incident that results in a person's death or serious injury and the employee action(s) were not the cause, the Chief of Police will temporarily remove the employee from a line-duty assignment and require the employee to participate in an agency stress/ traumatic incident counseling program coordinated through the employee assistance program or Department Psychologist. The employee's immediate supervisor shall ensure the scheduling of the counseling and that the employee attends. The Chief of Police maintains the final authority as to when the employee may return to a line-duty assignment. CALEA 1.3.8 300.8 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 Pismo Beach Police Department Pismo Beach PD Policy Manual Use of Force Copyright Lexipol, LLC 2020/07/16, All Rights Reserved. Published with permission by Pismo Beach Police Department Use of Force - 112 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. 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. 300.8.1 WATCH COMMANDER RESPONSIBILITY The Watch Commander shall review each use of force by any personnel within his/her command to ensure compliance with this policy and to address any training issues. 300.9 TRAINING Officers will receive periodic training on this policy and demonstrate their knowledge and understanding. Policy 302 Pismo Beach Police Department Pismo Beach PD Policy Manual Copyright Lexipol, LLC 2020/07/16, All Rights Reserved. Published with permission by Pismo Beach Police Department Deadly Force Review - 113 Deadly Force Review 302.1 PURPOSE AND SCOPE This policy establishes a process for the Pismo Beach Police Department to review the use of force by its employees. This review process shall be in addition to any other review or investigation that may be conducted by any outside or multi-agency entity having jurisdiction over the investigation or evaluation of the use of deadly force. 302.2 POLICY The Pismo Beach Police Department will objectively evaluate the use of force by its members to ensure that their authority is used lawfully, appropriately and is consistent with training and policy. CALEA 1.3.7 302.3 REMOVAL FROM LINE DUTY ASSIGNMENT Generally, whenever an employee's actions or use of force in an official capacity, or while using department equipment, results in death or very serious injury to another, that employee will be placed in a temporary administrative assignment pending an administrative review. The Chief of Police may exercise discretion and choose not to place an employee in an administrative assignment in any case. 302.4 REVIEW BOARD The Use of Force Review Board will be convened when the use of force by a member results in very serious injury or death to another. The Use of Force Review Board will also investigate and review the circumstances surrounding every discharge of a firearm, whether the employee was on- or off-duty, excluding training or recreational use. The Chief of Police may request the Use of Force Review Board to investigate the circumstances surrounding any use of force incident. The Administration Division Commander will convene the Use of Force Review Board as necessary. It will be the responsibility of the Division Commander or supervisor of the involved employee to notify the Administration Division Commander of any incidents requiring board review. The involved employee's Division Commander or supervisor will also ensure that all relevant reports, documents and materials are available for consideration and review by the board. 302.4.1 COMPOSITION OF THE BOARD The Administration Division Commander should select five Use of Force Review Board members from the following, as appropriate: •Representatives of each division Pismo Beach Police Department Pismo Beach PD Policy Manual Deadly Force Review Copyright Lexipol, LLC 2020/07/16, All Rights Reserved. Published with permission by Pismo Beach Police Department Deadly Force Review - 114 •Commanding officer in the involved member's chain of command •Training Manager •Non-administrative supervisor •A peer officer •A sworn peace officer from an outside law enforcement agency •Department instructor for the type of weapon, device or technique used The senior ranking command representative who is not in the same division as the involved employee will serve as chairperson. 302.4.2 RESPONSIBILITIES OF THE BOARD The Use of Force Review Board is empowered to conduct an administrative review and inquiry into the circumstances of an incident. The board members may request further investigation, request reports be submitted for the board's review, call persons to present information and request the involved employee to appear. The involved employee will be notified of the meeting of the board and may choose to have a representative through all phases of the review process. The board does not have the authority to recommend discipline. The Chief of Police will determine whether the board should delay its review until after completion of any criminal investigation, review by any prosecutorial body, filing of criminal charges the decision not to file criminal charges, or any other action. The board should be provided all relevant available material from these proceedings for its consideration. Absent an express waiver from the employee, no more than two members of the board may ask questions of the involved employee (Government Code § 3303). Other members may provide questions to these members. The review shall be based upon those facts which were reasonably believed or known by the officer at the time of the incident, applying any legal requirements, department policies, procedures and approved training to those facts. Facts later discovered but unknown to the officer at the time shall neither justify nor call into question an officer's decision regarding the use of force. Any questioning of the involved employee conducted by the board will be in accordance with the department's disciplinary procedures, the Personnel Complaints Policy, the current collective bargaining agreement and any applicable state or federal law. The board shall make one of the following recommended findings: (a)The employee's actions were within department policy and procedure. (b)The employee's actions were in violation of department policy and procedure. Pismo Beach Police Department Pismo Beach PD Policy Manual Deadly Force Review Copyright Lexipol, LLC 2020/07/16, All Rights Reserved. Published with permission by Pismo Beach Police Department Deadly Force Review - 115 A recommended finding requires a majority vote of the board. The board may also recommend additional investigations or reviews, such as disciplinary investigations, training reviews to consider whether training should be developed or revised, and policy reviews, as may be appropriate. The board chairperson will submit the written recommendation to the Chief of Police. The Chief of Police shall review the recommendation, make a final determination as to whether the employee's actions were within policy and procedure and will determine whether any additional actions, investigations or reviews are appropriate. The Chief of Police's final findings will be forwarded to the involved employee's Division Commander for review and appropriate action. If the Chief of Police concludes that discipline should be considered, a disciplinary process will be initiated. At the conclusion of any additional reviews, copies of all relevant reports and information will be filed with the Chief of Police. Policy 306 Pismo Beach Police Department Pismo Beach PD Policy Manual Copyright Lexipol, LLC 2020/07/16, All Rights Reserved. Published with permission by Pismo Beach Police Department Handcuffing and Restraints - 116 Handcuffing and Restraints 306.1 PURPOSE AND SCOPE This policy provides guidelines for the use of handcuffs and other restraints during detentions and arrests. 306.2 POLICY The Pismo Beach 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. 306.3 USE OF RESTRAINTS Only members who have successfully completed Pismo Beach 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. 306.3.1 RESTRAINT OF DETAINEES Situations may arise where it may be reasonable to restrain a person 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 ensure 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. 306.3.2 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. Leg irons, waist chains, or handcuffs behind the body should not be used unless the officer has a reasonable suspicion that the person may resist, attempt escape, injure self or others, or damage property. 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 Pismo Beach Police Department Pismo Beach PD Policy Manual Handcuffing and Restraints Copyright Lexipol, LLC 2020/07/16, All Rights Reserved. Published with permission by Pismo Beach Police Department Handcuffing and Restraints - 117 determination that such restraints are necessary for the safety of the arrestee, officers, or others (Penal Code § 3407; Penal Code § 6030). 306.3.3 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. 306.3.4 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 person (e.g., prolonged struggle, extreme agitation, impaired respiration) that may have occurred prior to, or during, transportation to the jail. 306.4 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 person 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. 306.4.1 TRANSPORTING RESTRAINED SUSPECTS When transporting a suspect(s) who has been restrained, officers shall observe the following procedures: (a)Leg restrained suspects may be transported in a police car. They shall be seated in an upright position and secured by a seatbelt. When the suspect cannot be transported in a seated position he/she shall be taken by ambulance/paramedic unit when feasible. The suspect shall be accompanied by an officer and medical personnel should be advised that positional asphyxia is a concern. The only exception to this rule is during Pismo Beach Police Department Pismo Beach PD Policy Manual Handcuffing and Restraints Copyright Lexipol, LLC 2020/07/16, All Rights Reserved. Published with permission by Pismo Beach Police Department Handcuffing and Restraints - 118 an emergency situation such as a riot where the safety of the officer(s) and/or suspect is at risk and the officer needs to transport the suspect quickly out of the danger area. Once out of the danger area, the officer(s) will immediately re-secure the suspect in a seated position. CALEA 70.2.1 306.4.2 DOCUMENTATION Anytime a restraining device is used, the circumstances requiring the use shall be documented in the related report(s). The officer should include the following in the report: (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 physical and physiological actions. (d)Any known or suspected drug use or other medical problems. CALEA 1.3.6 c 306.5 APPLICATION OF SPIT HOODS Spit hoods 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 so that the restrained person can breathe normally. Officers should provide assistance during the movement of a restrained person due to the potential for impairing or distorting that person's vision. Officers should avoid comingling those 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. 306.6 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 Pismo Beach Police Department Pismo Beach PD Policy Manual Handcuffing and Restraints Copyright Lexipol, LLC 2020/07/16, All Rights Reserved. Published with permission by Pismo Beach Police Department Handcuffing and Restraints - 119 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. 306.7 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 person. (b)Whether it is reasonably necessary to protect the person from his/her own actions (e.g., hitting his/her head against the interior of the patrol vehicle, 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 vehicle). 306.7.1 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. (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 emergency medical services, 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 person (e.g., prolonged struggle, extreme agitation, impaired respiration). Pismo Beach Police Department Pismo Beach PD Policy Manual Handcuffing and Restraints Copyright Lexipol, LLC 2020/07/16, All Rights Reserved. Published with permission by Pismo Beach Police Department Handcuffing and Restraints - 120 306.8 REQUIRED DOCUMENTATION If a person is restrained and released without an arrest, the officer shall document the details of the detention and the need for handcuffs or other restraints. If a person is arrested, the use of handcuffs or other restraints shall be documented in the related report. Officers should document the following information in reports, as appropriate, when restraints other than handcuffs are used on a person: (a)The factors that led to the decision to use restraints. (b)Supervisor notification and approval of restraint use. (c)The types of restraint used. (d)The amount of time the person was restrained. (e)How the person was transported and the position of the person during transport. (f)Observations of the person’s behavior and any signs of physiological problems. (g)Any known or suspected drug use or other medical problems. 306.9 TRAINING Subject to available resources, the Training Manager should ensure that officers receive periodic training on the proper use of handcuffs and other restraints, including: (a)Proper placement and fit of handcuffs and other restraint devices approved for use by the Department. (b)Response to complaints of pain by restrained persons. (c)Options for restraining those who may be pregnant without the use of leg irons, waist chains, or handcuffs behind the body. (d)Options for restraining amputees or those with medical conditions or other physical conditions that may be aggravated by being restrained. Policy 308 Pismo Beach Police Department Pismo Beach PD Policy Manual Copyright Lexipol, LLC 2020/07/16, All Rights Reserved. Published with permission by Pismo Beach Police Department Control Devices and Techniques - 121 Control Devices and Techniques 308.1 PURPOSE AND SCOPE This policy provides guidelines for the use and maintenance of control devices that are described in this policy. CALEA 1.3.9 308.2 POLICY In order to control subjects who are violent or who demonstrate the intent to be violent, the Pismo Beach Police Department authorizes officers to use control devices in accordance with the guidelines in this policy and the Use of Force Policy. CALEA 1.3.4 308.3 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. CALEA 1.3.9 a, c Only officers who have successfully completed department-approved training in the use of any control device are authorized to carry and use the device. CALEA 1.3.10 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. CALEA 1.3.4 When using control devices, officers should carefully consider potential impact areas in order to minimize injuries and unintentional targets. CALEA 1.3.4 308.4 RESPONSIBILITIES 308.4.1 WATCH COMMANDER 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. CALEA 1.3.10 308.4.2 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. CALEA 1.3.9 Pismo Beach Police Department Pismo Beach PD Policy Manual Control Devices and Techniques Copyright Lexipol, LLC 2020/07/16, All Rights Reserved. Published with permission by Pismo Beach Police Department Control Devices and Techniques - 122 308.4.3 USER RESPONSIBILITIES All normal maintenance, charging or cleaning shall remain the responsibility of personnel using the various devices. 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. CALEA 1.3.6 CALEA 1.3.10 308.5 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. CALEA 1.3.4 CALEA 1.3.9 308.6 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 Crisis Response Unit 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. CALEA 1.3.4 CALEA 1.3.5 308.7 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. CALEA 1.3.4 CALEA 1.3.6 308.7.1 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. CALEA 1.3.4 Pismo Beach Police Department Pismo Beach PD Policy Manual Control Devices and Techniques Copyright Lexipol, LLC 2020/07/16, All Rights Reserved. Published with permission by Pismo Beach Police Department Control Devices and Techniques - 123 308.7.2 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. CALEA 1.3.9 b 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. CALEA 1.3.4 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. 308.7.3 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. CALEA 1.3.5 308.8 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. 308.9 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. CALEA 1.3.4 308.9.1 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. CALEA 1.3.9 a, b Pismo Beach Police Department Pismo Beach PD Policy Manual Control Devices and Techniques Copyright Lexipol, LLC 2020/07/16, All Rights Reserved. Published with permission by Pismo Beach Police Department Control Devices and Techniques - 124 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. (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. CALEA 1.3.4 308.9.2 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. CALEA 1.3.4 Pismo Beach Police Department Pismo Beach PD Policy Manual Control Devices and Techniques Copyright Lexipol, LLC 2020/07/16, All Rights Reserved. Published with permission by Pismo Beach Police Department Control Devices and Techniques - 125 308.9.3 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 unloaded and properly and securely stored in the vehicle. When deploying the kinetic energy projectile shotgun, the officer shall visually inspect the kinetic energy projectiles to ensure that conventional ammunition is not being loaded into the shotgun. Absent compelling circumstances, officers who must transition from conventional ammunition to kinetic energy projectiles will employ the two-person rule for loading. The two-person rule is a safety measure in which a second officer watches the unloading and loading process to ensure that the weapon is completely emptied of conventional ammunition. 308.10 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. CALEA 1.3.10 CALEA 1.3.11 308.11 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. CALEA 1.3.6 c, d Policy 309 Pismo Beach Police Department Pismo Beach PD Policy Manual Copyright Lexipol, LLC 2020/07/16, All Rights Reserved. Published with permission by Pismo Beach Police Department Conducted Energy Device - 126 Conducted Energy Device 309.1 PURPOSE AND SCOPE This policy provides guidelines for the issuance and use of TASER devices. CALEA 1.3.9 309.2 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. CALEA 17.5.3 309.3 ISSUANCE AND CARRYING TASER DEVICES Only members who have successfully completed department-approved training may be issued and carry the TASER device. CALEA 1.3.10 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 their issued 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. 309.4 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. Pismo Beach Police Department Pismo Beach PD Policy Manual Conducted Energy Device Copyright Lexipol, LLC 2020/07/16, All Rights Reserved. Published with permission by Pismo Beach Police Department Conducted Energy Device - 127 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. CALEA 1.3.4 309.5 USE OF THE TASER 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. CALEA 1.3.4 CALEA 1.3.5 CALEA 1.3.12 309.5.1 APPLICATION OF THE TASER 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. CALEA 1.3.4 309.5.2 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. Pismo Beach Police Department Pismo Beach PD Policy Manual Conducted Energy Device Copyright Lexipol, LLC 2020/07/16, All Rights Reserved. Published with permission by Pismo Beach Police Department Conducted Energy Device - 128 (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. CALEA 1.3.4 309.5.3 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. CALEA 1.3.4 309.5.4 MULTIPLE APPLICATIONS OF THE TASER DEVICE 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. CALEA 1.3.4 Pismo Beach Police Department Pismo Beach PD Policy Manual Conducted Energy Device Copyright Lexipol, LLC 2020/07/16, All Rights Reserved. Published with permission by Pismo Beach Police Department Conducted Energy Device - 129 309.5.5 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. 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. 309.5.6 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. 309.5.7 OFF-DUTY CONSIDERATIONS Officers are not authorized to carry department TASER devices while off-duty. Officers shall ensure that TASER devices are secured while in their homes, vehicles or any other area under their control, in a manner that will keep the device inaccessible to others. 309.6 DOCUMENTATION Officers shall document all TASER device discharges in the related arrest/crime report and the TASER device report form. Notification shall also be made to a supervisor in compliance with the Use of Force Policy. Unintentional discharges, pointing the device at a person, laser activation and arcing the device will also be documented on the report form. CALEA 1.3.6 c 309.6.1 TASER DEVICE FORM Items that shall be included in the TASER device report form are: (a)The type and brand of TASER device and cartridge and cartridge serial number. (b)Date, time and location of the incident. (c)Whether any display, laser or arc deterred a subject and gained compliance. (d)The number of TASER device activations, the duration of each cycle, the duration between activations, and (as best as can be determined) the duration that the subject received applications. (e)The range at which the TASER device was used. (f)The type of mode used (probe or drive-stun). (g)Location of any probe impact. (h)Location of contact in drive-stun mode. (i)Description of where missed probes went. (j)Whether medical care was provided to the subject. (k)Whether the subject sustained any injuries. (l)Whether any officers sustained any injuries. CALEA 1.3.6 c Pismo Beach Police Department Pismo Beach PD Policy Manual Conducted Energy Device Copyright Lexipol, LLC 2020/07/16, All Rights Reserved. Published with permission by Pismo Beach Police Department Conducted Energy Device - 130 The Training Manager should periodically analyze the report forms to identify trends, including deterrence and effectiveness. The Training Manager should also conduct audits of data downloads and reconcile TASER device report forms with recorded activations. TASER device information and statistics, with identifying information removed, should periodically be made available to the public. 309.6.2 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 CALEA 1.3.6 c 309.7 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. (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 Pismo Beach Police Department Pismo Beach PD Policy Manual Conducted Energy Device Copyright Lexipol, LLC 2020/07/16, All Rights Reserved. Published with permission by Pismo Beach Police Department Conducted Energy Device - 131 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. CALEA 1.3.5 309.8 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 a supervisor or Rangemaster and saved with the related arrest/crime report. Photographs of probe sites should be taken and witnesses interviewed. 309.9 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. 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. Pismo Beach Police Department Pismo Beach PD Policy Manual Conducted Energy Device Copyright Lexipol, LLC 2020/07/16, All Rights Reserved. Published with permission by Pismo Beach Police Department Conducted Energy Device - 132 (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. CALEA 1.3.10 CALEA 1.3.11 Policy 310 Pismo Beach Police Department Pismo Beach PD Policy Manual Copyright Lexipol, LLC 2020/07/16, All Rights Reserved. Published with permission by Pismo Beach Police Department Officer-Involved Shootings and Deaths - 133 Officer-Involved Shootings and Deaths 310.1 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. 310.2 POLICY The policy of the Pismo Beach Police Department is to ensure that officer-involved shootings and deaths are investigated in a thorough, fair and impartial manner. This Department conforms to the San Luis Obispo County protocol for investigating officer involved shootings. Nothing in this policy is intended to increase, modify, or in any way affect the current legal standards nor shall any deviation from these guidelines be considered a breach of any legal standard. 310.3 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. 310.4 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. 310.4.1 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 Pismo Beach Police Department would control the investigation if the suspect’s crime occurred in Pismo Beach. Pismo Beach Police Department Pismo Beach PD Policy Manual Officer-Involved Shootings and Deaths Copyright Lexipol, LLC 2020/07/16, All Rights Reserved. Published with permission by Pismo Beach Police Department Officer-Involved Shootings and Deaths - 134 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. 310.4.2 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 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. 310.4.3 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. 310.5 INVESTIGATION PROCESS The following procedures are guidelines used in the investigation of an officer-involved shooting or death. 310.5.1 UNINVOLVED OFFICER RESPONSIBILITIES Upon arrival at the scene of an officer-involved shooting, the first uninvolved PBPD 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. 310.5.2 WATCH COMMANDER 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 Division Commander. All outside inquiries about the incident shall be directed to the Watch Commander. 310.5.3 NOTIFICATIONS The following person(s) shall be notified as soon as practicable: •Chief of Police Pismo Beach Police Department Pismo Beach PD Policy Manual Officer-Involved Shootings and Deaths Copyright Lexipol, LLC 2020/07/16, All Rights Reserved. Published with permission by Pismo Beach Police Department Officer-Involved Shootings and Deaths - 135 •Investigation Division Commander •OIS rollout team •Outside agency investigator (if appropriate) •Internal Affairs Unit supervisor •Civil liability response team •Psychological/peer support personnel •Chaplain •Coroner (if necessary) •Involved officer's agency representative (if requested) •Public Information Officer 310.5.4 SUPERVISOR RESPONSIBILITIES Upon arrival at the scene, the first uninvolved PBPD supervisor should ensure completion of the duties as outlined above, plus: (a)Take all reasonable steps to obtain emergency medical attention for all apparently injured individuals. (b)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. (c)If necessary, the supervisor may administratively order any PBPD officer to immediately provide public safety information necessary to secure the scene, identify injured parties and pursue suspects. 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. (d)Provide all available information to the Watch Commander and the Communications Center. If feasible, sensitive information should be communicated over secure networks. (e)Take command of and secure the incident scene with additional PBPD members until properly relieved by another supervisor or other assigned personnel or investigator. (f)As soon as practicable, ensure that involved officers are transported (separately, if feasible) to a suitable location for further direction. Pismo Beach Police Department Pismo Beach PD Policy Manual Officer-Involved Shootings and Deaths Copyright Lexipol, LLC 2020/07/16, All Rights Reserved. Published with permission by Pismo Beach Police Department Officer-Involved Shootings and Deaths - 136 1.Each involved PBPD officer should be given an administrative order not to discuss the incident with other involved officers or PBPD 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. 310.5.5 INVOLVED OFFICERS The following shall be considered for the involved officer: (a)Any request for legal or union representation will be accommodated. 1.Involved PBPD 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-PBPD 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 PBPD officer. A licensed psychotherapist may also be provided to any other affected PBPD 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. 3.A separate fitness-for-duty exam may also be required (see the Fitness for Duty Policy). (e)Peer counselors are cautioned against discussing the facts of any incident with an involved or witness officer (Government Code § 8669.4). 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 PBPD 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. Pismo Beach Police Department Pismo Beach PD Policy Manual Officer-Involved Shootings and Deaths Copyright Lexipol, LLC 2020/07/16, All Rights Reserved. Published with permission by Pismo Beach Police Department Officer-Involved Shootings and Deaths - 137 310.6 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)PBPD supervisors and Internal Affairs Unit personnel should not participate directly in any voluntary interview of PBPD 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. 310.6.1 REPORTS BY INVOLVED PBPD OFFICERS In the event that suspects remain outstanding or subject to prosecution for related offenses, this department shall retain the authority to require involved PBPD 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 PBPD 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 PBPD officer of the right to consult with legal counsel prior to completing any such criminal report. Pismo Beach Police Department Pismo Beach PD Policy Manual Officer-Involved Shootings and Deaths Copyright Lexipol, LLC 2020/07/16, All Rights Reserved. Published with permission by Pismo Beach Police Department Officer-Involved Shootings and Deaths - 138 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. 310.6.2 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. (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. 310.6.3 INVESTIGATIVE PERSONNEL Once notified of an officer-involved shooting or death, it shall be the responsibility of the designated Investigative 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 Investigative 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 Division Commander. Pismo Beach Police Department Pismo Beach PD Policy Manual Officer-Involved Shootings and Deaths Copyright Lexipol, LLC 2020/07/16, All Rights Reserved. Published with permission by Pismo Beach Police Department Officer-Involved Shootings and Deaths - 139 310.7 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 PBPD officers to determine conformance with department policy. The investigation will be conducted under the supervision of the Internal Affairs Unit 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. 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 Internal Affairs Unit 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 Pismo Beach Police Department Pismo Beach PD Policy Manual Officer-Involved Shootings and Deaths Copyright Lexipol, LLC 2020/07/16, All Rights Reserved. Published with permission by Pismo Beach Police Department Officer-Involved Shootings and Deaths - 140 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. 310.8 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. 310.9 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. 310.10 DEBRIEFING Following an officer-involved shooting or death, the Pismo Beach Police Department should conduct both a critical incident/stress debriefing and a tactical debriefing. 310.10.1 CRITICAL INCIDENT/STRESS DEBRIEFING A critical incident/stress debriefing should occur as soon as practicable. The Administration Division 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 personnel). Family or other support personnel may attend with the concurrence of those Pismo Beach Police Department Pismo Beach PD Policy Manual Officer-Involved Shootings and Deaths Copyright Lexipol, LLC 2020/07/16, All Rights Reserved. Published with permission by Pismo Beach Police Department Officer-Involved Shootings and Deaths - 141 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 Internal Affairs Unit personnel. 310.10.2 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. 310.11 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 Division Commander and Public Information Officer in the event of inquiries from the media. The Department shall not subject any involved PBPD officer to visits by the media (Government Code § 3303(e)). No involved PBPD officer shall make any comment to the media unless he/she is authorized by the Chief of Police or a Division Commander. Department members receiving inquiries regarding officer-involved shootings or deaths occurring in other jurisdictions shall refrain from public comment and will direct those inquiries to the agency having jurisdiction and primary responsibility for the investigation. 310.12 REPORTING If the death of an individual occurs in the Pismo Beach Police Department jurisdiction and qualifies to be reported to the state as a justifiable homicide or an in-custody death, the Operations Division Commander will ensure that the Support Services Supervisor is provided with enough information to meet the reporting requirements (Penal Code § 196; Penal Code § 13022; Government Code § 12525). Policy 312 Pismo Beach Police Department Pismo Beach PD Policy Manual Copyright Lexipol, LLC 2020/07/16, All Rights Reserved. Published with permission by Pismo Beach Police Department Firearms - 142 Firearms 312.1 PURPOSE AND SCOPE This policy establishes procedures for the acquisition, use, and documentation of training in the use of firearms. The Chief of Police or his or her designee shall approve all Department firearms before they are acquired and utilized by any member of this Department. Penal Code § 25900 provides statutory authorization for peace officers in the State of California to carry and use firearms in the course of their duties. CALEA 1.2.2 312.2 AUTHORIZED WEAPONS No firearms will be carried that have not been thoroughly inspected by the Rangemaster during a regularly scheduled range date. Except in an emergency or as directed by a supervisor, no firearm shall be carried by a member who has not qualified with that weapon at an authorized department range. CALEA 1.3.9c CALEA 1.3.10 All other weapons, 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 personnel in the performance of their official duty without the express written authorization of the employee's Division Commander. This exclusion does not apply to the carrying of a single folding pocketknife that is not otherwise prohibited by law. CALEA 1.3.9a 312.2.1 DUTY WEAPONS The Department issued weapon is a Glock 22 Gen 4and Glock 27 Gen 4,.40 caliber semi auto pistol. Officers desiring to carry a duty weapon for uniform use other than the department issue weapon are subject to the following restrictions: (a)The weapon will be a.45,.40 or 9 MM caliber semi automatic pistol from a reputable manufacturer (i.e. Colt, Smith & Wesson, Browning, Glock, Ruger, etc.). (b)The weapon will be furnished at the officer's own expense. (c)Only department approved ammunition will be authorized. CALEA 3.1.9b (d)The weapon must be inspected and certified by a Rangemaster prior to use. CALEA 1.3.9c (e)The weapon must be approved by the Police Chief upon recommendation of a Rangemaster. CALEA 1.3.9c (f)If other than a.40 caliber is approved and used, it will be the officer's responsibility to furnish department approved ammunition, all training ammunition and all additional accessories related to the firearm. Officers working non-uniform duties are subject to the above restrictions unless the Police Chief authorizes other weapons due to the nature of the assignment or duty. CALEA 1.3.9a Pismo Beach Police Department Pismo Beach PD Policy Manual Firearms Copyright Lexipol, LLC 2020/07/16, All Rights Reserved. Published with permission by Pismo Beach Police Department Firearms - 143 312.2.2 AUTHORIZED SECONDARY FIREARM Officers desiring to carry a secondary firearm are subject to the following restrictions: (a)The weapon shall be of good quality and workmanship (e.g., Colt, Smith & Wesson, Browning, Sig Sauer, etc.). CALEA 1.3.9a (b)The weapon is a.45,.40, 9mm,.357,.38 or.380 caliber. CALEA 1.3.9a (c)Only one secondary weapon may be carried at a time. (d)The purchase of the weapon and ammunition shall be the responsibility of the officer. (e)The weapon must be inspected and certified by a Rangemaster prior to use. CALEA 1.3.9c (f)The weapon must be approved by the Police Chief upon recommendation of a Rangemaster. CALEA 1.3.9c (g)The weapon should be carried concealed in such a manner as to prevent accidental cocking, discharge, or loss of physical control. (h)The weapon shall be subject to inspection whenever deemed necessary. (i)Ammunition shall be the same as Department issue. If the caliber of the weapon is other than Department issue, the Chief of Police shall approve ammunition. If other than a.40 caliber is approved and used, it will be the officer's responsibility to furnish department approved ammunition, all training ammunition, and all additional accessories related to the firearm. CALEA 1.3.9 (j)Personnel shall qualify with the secondary weapon under range supervision. Officers must demonstrate their proficiency, safe handling and serviceability of the weapon at least annually. CALEA 1.3.10 (k)Personnel shall provide written notice of the make, model, color, serial number, and caliber of a secondary weapon to a Rangemaster. CALEA 1.3.9c 312.2.3 AUTHORIZED OFF-DUTY FIREARM The carrying of firearms by sworn officers while off duty is permitted by the Chief of Police but may be rescinded should circumstances dictate (e.g., administrative leave). Sworn officers who choose to carry a firearm while off duty, based on their authority as a peace officer, will be required to meet the following guidelines: (a)The weapon shall be of good quality and workmanship (e.g., Glock, Colt, Smith & Wesson, Browning, Etc.). CALEA 1.3.9a,c (b)The purchase of the weapon and ammunition shall be the responsibility of the officer. (c)The weapon shall be carried concealed at all times and in such a manner as to prevent accidental cocking discharge, or loss of physical control. (d)It will be the responsibility of the officer to submit the weapon to the Rangemaster for inspection prior to being carried off duty. The Rangemaster shall ensure that the officer is proficient in handling and firing the weapon and that it will be carried in a safe manner. The weapon shall be subject to periodic inspection by the Rangemaster. The officer will successfully qualify with the weapon prior to it being carried and thereafter Pismo Beach Police Department Pismo Beach PD Policy Manual Firearms Copyright Lexipol, LLC 2020/07/16, All Rights Reserved. Published with permission by Pismo Beach Police Department Firearms - 144 once every year. The range qualification dates will be specified by the Rangemaster. CALEA 1.3.9c CALEA 1.3.10 (e)A complete description of the weapon shall be contained on the qualification record approved by the Rangemaster. CALEA 1.3.9c (f)If any member desires to use more than one weapon while off duty, he/she may do so, as long as the officer meets all the requirements set forth in this policy for each weapon used. (g)Officers shall only carry department authorized ammunition. CALEA 1.3.9b (h)When armed, whether on or off duty, officers shall carry their badge and department identification. 312.2.4 AMMUNITION Officers shall carry only department authorized ammunition.CALEA 1.3.9a,b CALEA 17.5.2 312.2.5 ALCOHOL AND DRUGS Weapons shall not be carried by any officer who has consumed an amount of an alcoholic beverage or taken any drug that would tend to adversely affect the officer's senses or judgment. CALEA 26.1.1 312.2.6 LASER SIGHTS Laser sights may only be installed on a weapon carried on or off duty after they have been examined and approved by the Department Rangemaster. (a)Any approved laser sight shall be installed only pursuant to manufacturer specifications. (b)Once approved laser sights have been properly installed on any weapon, the officer shall qualify with the weapon to ensure proper functionality and sighting of the weapon prior to carrying it. Except in an approved training situation, an officer may only activate a laser sight when the officer would otherwise be justified in pointing a weapon at an individual or other authorized target. 312.3 SAFE HANDLING OF FIREARMS The intent of this policy is to promote proper firearm safety on an off duty. Employees shall maintain the highest level of safety when handling firearms and shall consider the following: 312.3.1 SAFETY CONSIDERATIONS (a)Officers shall not unnecessarily display or handle any firearm. (b)Officers shall be governed by all rules and regulations pertaining to the use of the police range, and shall obey all orders issued by the Rangemaster. Officers shall not "dry fire" or practice "quick draws" except under training conditions. (c)Officers shall not load or unload a firearm anywhere in the department, except at the range or the trap at the rear of the station. Pismo Beach Police Department Pismo Beach PD Policy Manual Firearms Copyright Lexipol, LLC 2020/07/16, All Rights Reserved. Published with permission by Pismo Beach Police Department Firearms - 145 (d)Shotguns or rifles removed from vehicles or the equipment storage room shall be loaded and unloaded in the unit parking lot and outside of the vehicle. (e)Officers shall not place or store any firearm or other weapon on department premises except when the place of storage is locked. No one shall carry firearms into the jail section or any part thereof when securing or processing a prisoner, but shall place all firearms in a secured location. It shall be the responsibility of the releasing officer to make sure that persons from outside agencies do not enter the jail section with their firearm. CALEA 1.3.9f (f)Officers shall not use any automatic weapon, heavy caliber rifles, gas or other types of chemical weapon (from the armory) except with approval of a supervisor. CALEA 17..5.2 312.3.2 STORAGE OF FIREARMS AT HOME Officers shall ensure that all firearms and ammunition are locked and secured while in their homes, vehicles or any other area under their control in a manner that will keep them inaccessible to children and irresponsible adults. Officers shall be aware that negligent storage of a firearm could result in criminal prosecution under Penal Code § 25100. CALEA 1.3.9f 312.3.3 STORAGE IN VEHICLES 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) Officers are exempt from this requirement during circumstances requiring immediate aid or action in the course of official duties.(Penal Code § 25140) 312.3.4 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 Pismo Beach Police Department Pismo Beach PD Policy Manual Firearms Copyright Lexipol, LLC 2020/07/16, All Rights Reserved. Published with permission by Pismo Beach Police Department Firearms - 146 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. Personally owned firearms may be safely stored in lockers at the end of the shift. Department owned firearms shall be stored in the appropriate equipment storage room. 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. 312.3.5 RIFLE STORAGE (a)When not in use, patrol rifles will be stored in the department armory in rifle racks. (b)At the start of each assigned shift, any qualified, on-duty officer may contact the Watch Commander or a patrol supervisor for access to the department armory. (c)When not deployed, in-service patrol rifles should be secured in the vehicle in a locked gun rack or locked in the trunk. (d)At the end of the assigned officer's shift, the patrol rifle will be returned and secured in the department armory. CALEA 1.3.9 CALEA 7.5.2 312.4 FIREARMS QUALIFICATIONS All sworn personnel are required to qualify annually with all weapons utilized on duty, off duty and secondary on an approved range course. Only those officers who demonstrate proficiency in the use of agency authorized weapons will be approved to carry such weapons. The officer will have three (3) attempts to successfully complete the qualification course during their scheduled range day. The Rangemaster shall keep accurate records of training, qualifications, repairs, and maintenance. In addition to regular qualification schedules, the Rangemaster shall be responsible for providing all sworn personnel with practical training designed to simulate field situations. CALEA 1.3.10 CALEA 1.3.11a,b,c 312.4.1 NON-QUALIFICATION OF DUTY WEAPONS DUE TO EXCUSED ABSENCE If any officer is unable to attend a scheduled range qualification for any reason, including injury, illness, duty status, or scheduling conflict, that officer shall notify the Rangemaster prior to the required shooting period. Members who fail to qualify will be subject to the following requirement: (a)The officer will have a maximum of thirty (30) calendar days in which to successfully demonstrate proficiency through completing the qualification course. CALEA 33.1.5 312.4.2 NON-QUALIFICATION OF DUTY WEAPONS DUE TO LACK OF PROFICIENCY (a)The officer will have a maximum of thirty (30) calendar days in which to successfully demonstrate proficiency through completing the qualification course. (b)During the thirty (30) calendar day period the officer will receive a minimum of six (6) hours of individual training with a qualified department Rangemaster. (c)At any time during the thirty (30) calendar day period, if a Rangemaster feels the non- qualifying officer can now pass the qualification, the officer is scheduled to perform the qualification course. If the officer passes, credit for the range qualification is given. Pismo Beach Police Department Pismo Beach PD Policy Manual Firearms Copyright Lexipol, LLC 2020/07/16, All Rights Reserved. Published with permission by Pismo Beach Police Department Firearms - 147 If the officer does not pass, the remainder of the thirty (30) calendar days will continue so the officer may seek additional training. (d)At the end of the thirty (30) calendar days, the non-qualifying officer will have a final opportunity to pass the qualification course. (e)If the officer does not successfully qualify at the end of thirty (30) calendar days, the officer will be placed on administrative leave and one (1) additional fifteen (15) calendar day remediation cycle begins and is conducted as above. If at the end of the fifteen (15) calendar day remediation the officer is still unable to qualify, termination proceedings will commence. CALEA 26.1.4a CALEA 1.3.11c 312.4.3 NON QUALIFICATION OF OFF DUTY AND SECONDARY WEAPONS Any officer who fails to qualify annually with their off duty weapon(s), or secondary weapon(s) shall be prohibited from carrying such weapon(s) until they pass the qualification course. CALEA 1.3.11c 312.5 RANGEMASTER DUTIES The range will be under the exclusive control of a Rangemaster. All members attending will follow the directions of a Rangemaster. The Rangemaster will maintain a roster of all members attending the range, and will submit the roster to the training coordinator after each range date. Failure of any officer to sign in and out with a Rangemaster may result in non-qualification. 312.6 FIREARM INSPECTION/MAINTENANCE AND REPAIR Every department firearm, personally owned duty gun, secondary gun and off-duty gun will be inspected by a qualified armorer or Rangemaster minimally once a year to ensure the safety and proper function. (a)Any department weapon that is in an unsafe condition shall be removed from service, labeled as "out of service" and returned to the armorer or Rangemaster for proper repair. CALEA 1.3.9d (b)Officers carrying personally owned firearms will be required to have the firearm properly repaired at their own expense and inspected by a qualified department armorer or Rangemaster. CALEA 2.3.9d (c)Officers must demonstrate proficiency and qualify with the repaired weapon prior to deployment. CALEA 1.3.9c 312.6.1 INVENTORY OF FIREARMS The department Rangemaster shall maintain an accurate inventory of all department owned firearms and a record of all other department authorized firearms carried while on duty and off duty. The inventory will include the make, model, caliber and serial number. CALEA 1.3.9e 312.6.2 SECURITY/DISPLAY AND STORAGE OF FIREARMS A weapon must never be used for anything other than its intended, lawful purpose, and any display or handling must be reasonable and responsible. Pismo Beach Police Department Pismo Beach PD Policy Manual Firearms Copyright Lexipol, LLC 2020/07/16, All Rights Reserved. Published with permission by Pismo Beach Police Department Firearms - 148 (a)Officers removing a firearm, holstered or not, loaded or not, must secure it where it cannot be picked up by another person. (b)Weapons stored in lockers should be secured to prevent falling. If the weapon is loaded, ensure the safety, if so equipped, is on, the weapon is in an approved holster and the safety strap is properly positioned. (c)All firearms, batons, Tasers and OC are prohibited in the department holding facilities and any jail. Officers must obey all rules restricting weapons. (d)Officers shall ensure that all firearms and ammunition are locked and secured while in their homes in a manner that will keep them inaccessible to children and irresponsible adults. (e)Officers shall be aware that negligent storage of a firearm could also result in criminal prosecution under Penal Code § 12035. CALEA 1.3.9f 312.7 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 personnel who intend to be armed while flying on a commercial air carrier or flights where screening is conducted (48 CFR 1544.219): (a)Officers wishing to fly while armed must be flying in an official capacity, not for vacation or pleasure purposes. (b)Officers must carry their Department identification card which must contain a full face picture, 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's license, passport). (c)The Pismo Beach Police Department must submit a National Law Enforcement Telecommunications System (NLETS) message prior to the officer's travel. If approved, TSA will send the Pismo Beach Police Department an NLETS message containing a unique alphanumeric identifier. The officer must present the message to airport personnel as authorization to travel while armed on the day of travel. (d)An official letter signed by the Chief of Police authorizing armed travel must accompany the officer. The letter must outline the officer's need to fly armed, must detail his/her itinerary, and should include that the officer has completed the mandatory TSA training for 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 can be accomplished by early check-in at the carrier's check- in counter. (g)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. Pismo Beach Police Department Pismo Beach PD Policy Manual Firearms Copyright Lexipol, LLC 2020/07/16, All Rights Reserved. Published with permission by Pismo Beach Police Department Firearms - 149 Firearms are not permitted in carry on luggage and may not be stored in an overhead compartment. (h)Officers should not surrender their firearm but should try to resolve any problems through the flight captain, ground security manager or other management representative of the air carrier. (i)Officers shall not consume alcoholic beverages while aboard an aircraft, or within eight hours prior to boarding an aircraft. 312.8 CARRYING FIREARMS OUT OF STATE Qualified active full time officers and qualified retired officers (see Police Manual § 220) of this department are authorized to carry a concealed firearm in all other states subject to the following conditions (18 United States Code 926 B and C): (a)The officer shall carry his/her Department identification card whenever carrying such weapon. (b)Qualified retired officers shall also carry certification of having met firearms qualification within the past 12 months. (c)The officer is not the subject of any current disciplinary action. (d)The officer may not be under the influence of alcohol or any other intoxicating or hallucinatory drug. (e)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, ot 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. Visiting active and retired peace officers from other states are subject to all requirements set forth in 18 United States Code 926 B and C. 312.9 WARNING AND OTHER SHOTS The Pismo Beach Police Department prohibits warning shots because of the possibility of injury to citizens and other law enforcement officers. CALEA 1.3.3 312.10 REPORT OF 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 Shooting 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. Pismo Beach Police Department Pismo Beach PD Policy Manual Firearms Copyright Lexipol, LLC 2020/07/16, All Rights Reserved. Published with permission by Pismo Beach Police Department Firearms - 150 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 Division 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, a written report shall be submitted or recorded statement provided no later than the end of the next regularly scheduled shift, unless otherwise directed by a supervisor. CALEA 1.3.6a 312.10.1 INJURED ANIMALS With the approval of a supervisor, an officer 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. Policy 314 Pismo Beach Police Department Pismo Beach PD Policy Manual Copyright Lexipol, LLC 2020/07/16, All Rights Reserved. Published with permission by Pismo Beach Police Department Vehicle Pursuits - 151 Vehicle Pursuits 314.1 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. CALEA 41.2.2 a 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. CALEA 41.2.2 a 314.1.1 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 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. 314.1.2 FAILURE TO YIELD Refers to the actions of a vehicle operator who fails to stop or respond to the emergency light(s) and siren of a law enforcement vehicle. Generally, the vehicle operator continues to travel forward at or below the speed limit, observes applicable rules of the road and does not change the direction of travel in an evasive manner. 314.2 OFFICER RESPONSIBILITIES It shall be the policy of this department that a vehicle pursuit shall be conducted only with red light 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 Pismo Beach Police Department Pismo Beach PD Policy Manual Vehicle Pursuits Copyright Lexipol, LLC 2020/07/16, All Rights Reserved. Published with permission by Pismo Beach Police Department Vehicle Pursuits - 152 regard and caution for the safety of all persons using the highway as required by Vehicle Code § 21056. CALEA 41.2.2 b 314.2.1 WHEN TO INITIATE A PURSUIT Officers are authorized to initiate a pursuit when it is reasonable to believe that a suspect is attempting to evade arrest or detention by fleeing in a vehicle. 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 community safety. (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 suspects (e.g., whether the suspects represent a serious threat to public safety). (d)The identity of the suspects has been verified and there is comparatively minimal risk in allowing the suspects 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 officers 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 beyond the worth of apprehending the suspect. (h)Performance capabilities of the vehicles used in the pursuit in relation to the speeds and other conditions of the pursuit. (i)Vehicle speeds. (j)Other persons in or on the pursued vehicle (e.g., passengers, co-offenders and hostages). (k)Availability of other resources such as helicopter assistance. (l)The police unit is carrying passengers other than police officers. Pursuits should not be undertaken with a prisoner in the police vehicle.CALEA 41.2.2 a 314.2.2 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 Pismo Beach Police Department Pismo Beach PD Policy Manual Vehicle Pursuits Copyright Lexipol, LLC 2020/07/16, All Rights Reserved. Published with permission by Pismo Beach Police Department Vehicle Pursuits - 153 present risks of continuing the pursuit reasonably appear to outweigh the risks resulting from the suspect’s escape. The factors listed in When to Initiate a Pursuit of this policy are expressly included herein and will apply equally to the decision to discontinue as well as the decision to initiate a pursuit. 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 or to stop chasing the fleeing vehicle. In addition to the factors listed in When to Initiate a Pursuit of this policy, 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 discouraged. (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. CALEA 41.2.2 g 314.2.3 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. Pismo Beach Police Department Pismo Beach PD Policy Manual Vehicle Pursuits Copyright Lexipol, LLC 2020/07/16, All Rights Reserved. Published with permission by Pismo Beach Police Department Vehicle Pursuits - 154 314.3 PURSUIT UNITS Pursuit units should be limited to three vehicles (two units and a supervisor); 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 of the road. CALEA 41.2.2 CALEA 81.2.4 314.3.1 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. CALEA 41.2.2 d 314.3.2 VEHICLES WITHOUT EMERGENCY EQUIPMENT Vehicles not equipped with red light and siren are prohibited from initiating or joining in any pursuit. Officer(s) 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. CALEA 41.2.2 d 314.3.3 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. Pismo Beach Police Department Pismo Beach PD Policy Manual Vehicle Pursuits Copyright Lexipol, LLC 2020/07/16, All Rights Reserved. Published with permission by Pismo Beach Police Department Vehicle Pursuits - 155 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. CALEA 41.2.2 b 314.3.4 SECONDARY UNITS RESPONSIBILITIES The second officer in the pursuit is responsible for the following: (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. CALEA 41.2.2 c 314.3.5 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 may 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)As a general rule, officers should not pursue a vehicle driving left of center (wrong way) on a freeway. In the event that the pursued vehicle does so, the following tactics should 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. Pismo Beach Police Department Pismo Beach PD Policy Manual Vehicle Pursuits Copyright Lexipol, LLC 2020/07/16, All Rights Reserved. Published with permission by Pismo Beach Police Department Vehicle Pursuits - 156 (d)Notifying the California Highway Patrol (CHP) and/or other jurisdictional agency if it appears that the pursuit may enter their jurisdiction. (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. 314.3.6 UNMARKED VEHICLE WITH EMERGENCY EQUIPMENT A distinctively marked patrol vehicle equipped with overhead lighting should replace an unmarked emergency vehicle as primary and/or secondary pursuit unit as soon as practical 314.3.7 PURSUIT TRAILING 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 primary and secondary units should be the only units operating under emergency conditions (red light and siren) unless other units are assigned to the pursuit. In the event that the initiating unit from this agency either relinquishes control of the pursuit to another unit or jurisdiction, that initiating unit may, with permission of supervisor, trail the pursuit to the termination point in order to provide necessary information and assistance for the arrest of the suspect(s). 314.3.8 AIRCRAFT ASSISTANCE When access to aircraft assistance is available, it 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 advise ground units of upcoming traffic congestion, road hazards, or other pertinent information. 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 terminate the pursuit. 314.4 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 Pismo Beach Police Department Pismo Beach PD Policy Manual Vehicle Pursuits Copyright Lexipol, LLC 2020/07/16, All Rights Reserved. Published with permission by Pismo Beach Police Department Vehicle Pursuits - 157 pursuit in order to ensure that the pursuit is conducted within established department guidelines. (b)Engaging in the pursuit, when appropriate, to provide on-scene supervision. (c)Exercising management and control of the pursuit even if not engaged in it. (d)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. (e)Directing that the pursuit be terminated if, in his/her judgment, it is unjustified to continue the pursuit under the guidelines of this policy. (f)Ensuring that aircraft are requested if available. (g)Ensuring that the proper radio channel is being used. (h)Ensuring the notification and/or coordination of outside agencies if the pursuit either leaves or is likely to leave the jurisdiction of this agency. (i)Controlling and managing PBPD units when a pursuit enters another jurisdiction. (j)Preparing post-pursuit critique and analysis of the pursuit for training purposes. CALEA 41.2.2 f CALEA 81.2.4 314.4.1 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 motor vehicle pursuit and shall be in overall command. The Watch Commander shall review all pertinent reports for content and prepare an administrative memorandum to the Operations Commander regarding an analysis of the pursuit and determining policy compliance. CALEA 41.2.2 f, CALEA 41.2.3 d 314.5 COMMUNICATIONS If the pursuit is confined within the City limits of this city, radio communications will be conducted on the primary channel (Silver) unless instructed otherwise by a supervisor or communications dispatcher. If the pursuit leaves the jurisdiction of this city or such is imminent, involved units should, whenever available, will switch radio communications to the countywide emergency channel (Red).CALEA 41.2.2 e 314.5.1 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. (b)Notify and coordinate with other involved or affected agencies as practicable. (c)Ensure that a field supervisor is notified of the pursuit. Pismo Beach Police Department Pismo Beach PD Policy Manual Vehicle Pursuits Copyright Lexipol, LLC 2020/07/16, All Rights Reserved. Published with permission by Pismo Beach Police Department Vehicle Pursuits - 158 (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. CALEA 41.2.2 e 314.5.2 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. CALEA 41.2.2 314.6 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. Unless entry into another jurisdiction is expected to be brief, it is generally recommended that the primary officer or supervisor 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. CALEA 41.2.2 h 314.6.1 ASSUMPTION OF PURSUIT BY ANOTHER AGENCY Pismo Beach units originally involved will discontinue the pursuit when advised that another agency has assumed the pursuit and our assistance is no longer needed. Upon discontinuing the pursuit, the primary unit may proceed upon request, or direction of a supervisor, to the termination point to assist in the investigation. Notification of a pursuit in progress should 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 C.H.P. units, a request for C.H.P. to take over the pursuit will mean that they will assume responsibilities for the pursuit. For the same reasons, when a pursuit leaves the freeway and a request for assistance is made to our Department to take over the pursuit, the C.H.P. should relinquish control. CALEA 41.2.2 h 314.6.2 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. The exception to this is when a single unit from the initiating agency is in pursuit. Under this circumstance, a unit from this department may join the pursuit until sufficient units from the initiating agency join 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 should consider these additional following factors: (a)Ability to maintain the pursuit Pismo Beach Police Department Pismo Beach PD Policy Manual Vehicle Pursuits Copyright Lexipol, LLC 2020/07/16, All Rights Reserved. Published with permission by Pismo Beach Police Department Vehicle Pursuits - 159 (b)Circumstances serious enough to continue the pursuit (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. 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. CALEA 41.2.2 h 314.7 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. CALEA 41.2.2CALEA 41.2.3 Forceable stopping procedures shall only be performed by employees who have been trained in the procedure. 314.7.1 WHEN USE IS AUTHORIZED Use of pursuit intervention tactics should be employed only after approval of a supervisor if practical. 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 officer at the time of the decision. It is imperative that officers act within the bounds of legality, good judgment and accepted practices. CALEA 41.2.3 314.7.2 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 Pismo Beach Police Department Pismo Beach PD Policy Manual Vehicle Pursuits Copyright Lexipol, LLC 2020/07/16, All Rights Reserved. Published with permission by Pismo Beach Police Department Vehicle Pursuits - 160 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. 314.7.3 USE OF FIREARMS The use of firearms to disable a pursued vehicle is not 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. 314.7.4 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 involving felony suspects or impaired drivers who pose a threat to public safety when officers reasonably believe that attempting a conventional enforcement stop will likely 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. Pismo Beach Police Department Pismo Beach PD Policy Manual Vehicle Pursuits Copyright Lexipol, LLC 2020/07/16, All Rights Reserved. Published with permission by Pismo Beach Police Department Vehicle Pursuits - 161 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)Only those officers trained in the use of the Pursuit Intervention Technique (PIT) will be authorized to use this procedure and only then with approval of a supervisor upon consideration of the circumstances and conditions presented at the time, including the potential for risk of injury to officers, the public and occupants of the pursued vehicle. (c)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.The suspect is an actual or suspected felon who reasonably appears to represent a serious threat to the public if not apprehended. 2.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. 3.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. (d)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. (e)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. Pismo Beach Police Department Pismo Beach PD Policy Manual Vehicle Pursuits Copyright Lexipol, LLC 2020/07/16, All Rights Reserved. Published with permission by Pismo Beach Police Department Vehicle Pursuits - 162 (f)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. CALEA 41.2.3 a,b, c 314.7.5 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, 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 suspect(s) following the pursuit. Officers should consider safety of the public and the involved officers when formulating plans to contain and capture the suspect. 314.8 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 promptly complete a Supervisor's Log, briefly summarizing the pursuit, and submit it to his/her manager. This log 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 5.Starting and termination points 6.Disposition (arrest, citation), including arrestee information if applicable 7.Injuries and/or property damage Pismo Beach Police Department Pismo Beach PD Policy Manual Vehicle Pursuits Copyright Lexipol, LLC 2020/07/16, All Rights Reserved. Published with permission by Pismo Beach Police Department Vehicle Pursuits - 163 8.Medical treatment 9.Name of supervisor at scene 10.A preliminary determination whether the pursuit appears to be in compliance with this policy and whether additional review or follow-up is warranted CALEA 31.2.2 i, CALEA 41.2.3 d, e CALEA 41.2.2 314.8.1 REGULAR AND PERIODIC PURSUIT TRAINING In addition to initial and supplementary POST training on pursuits required by Penal Code § 13519.8, all 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 need to balance the known offense and the need for immediate capture against the risks to officers and others. Vehicle Code § 17004.7(d). CALEA 41.2.3 c 314.8.2 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. 314.8.3 ADMINISTRATIVE REVIEW The Operations Division Commander or his/her designate will conduct an administrative review of all pursuits. This review will be conducted to determine if the pursuit complied with department policies, if proper tactics were utilized and any city liability concerns. The Operations Division Commander will then complete a memorandum to the Chief of Police summarizing the results of the administrative review, If any deficiencies, violations of department policy or improper tactics are noted, the Chief of Police can authorize a formal investigation. CALEA 41.2.2 i, CALEA 41.2.3 e 314.8.4 ANNUAL PURSUIT ANALYSIS The Operations Division Commander or his/her designate is responsible for completing an Annual Analysis of Pursuits . The Operations Commander will review all pursuit reports and supervisor memorandums and complete an annual report documenting any patterns or trends that could indicate training needs, equipment upgrades, reporting procedures and/or policy modifications. This annual analysis report will be completed in February of each year and forwarded to the Chief of Police for his/her review. The Training Committee will also review the Annual Pursuit Analysis during their annual training needs assessment meeting. CALEA 41.2.2 j, k 314.9 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 316 Pismo Beach Police Department Pismo Beach PD Policy Manual Copyright Lexipol, LLC 2020/07/16, All Rights Reserved. Published with permission by Pismo Beach Police Department Officer Response to Calls - 164 Officer Response to Calls 316.1 PURPOSE AND SCOPE This policy provides for the safe and appropriate response to emergency and non-emergency situations whether dispatched or self-initiated. CALEA 41.2.1 316.2 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. CALEA 41.2.1 316.3 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 316.3.1 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). CALEA 41.2.1 316.4 INITIATING CODE 3 RESPONSE If an officer believes a Code-3 response to any call is appropriate, the officer shall immediately notify Communications. Generally, only one unit should respond Code-3 to any situation. Should another officer believe a Code-3 response is appropriate, Communications shall be notified and Pismo Beach Police Department Pismo Beach PD Policy Manual Officer Response to Calls Copyright Lexipol, LLC 2020/07/16, All Rights Reserved. Published with permission by Pismo Beach Police Department Officer Response to Calls - 165 the Watch Commander or field supervisor will make a determination as to whether one or more officers driving Code-3 is appropriate. CALEA 41.2.1 316.5 RESPONSIBILITIES OF RESPONDING OFFICERS 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. CALEA 41.2.1 Upon receiving authorization or determining a Code-3 response is appropriate, an officer shall immediately give the location from which he/she is responding. 316.6 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. CALEA 41.2.1 316.7 SUPERVISORY RESPONSIBILITIES Upon being notified that a Code-3 response has been initiated, the Watch Commander or the field supervisor shall verify the following: (a)The proper response has been initiated Pismo Beach Police Department Pismo Beach PD Policy Manual Officer Response to Calls Copyright Lexipol, LLC 2020/07/16, All Rights Reserved. Published with permission by Pismo Beach Police Department Officer Response to Calls - 166 (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 CALEA 41.2.1 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 316.8 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 Communications of the equipment failure so that another unit may be assigned to the emergency response. CALEA 41.2.1 Policy 318 Pismo Beach Police Department Pismo Beach PD Policy Manual Copyright Lexipol, LLC 2020/07/16, All Rights Reserved. Published with permission by Pismo Beach Police Department Canines - 167 Canines 318.1 PURPOSE AND SCOPE This policy establishes guidelines for the use of canines to augment police services in the community, including but not limited to locating individuals and contraband and apprehending criminal offenders. 318.2 POLICY It is the policy of the Pismo Beach Police Department that teams of handlers and canines meet and maintain the appropriate proficiency to effectively and reasonably carry out legitimate law enforcement objectives. 318.2.1 PREPARATION FOR UTILIZING A CANINE Prior to the use of a police service dog to search for or apprehend any individual, the police service dog handler and/or the supervisor on scene shall carefully consider all pertinent information that is reasonably available at the time. The information should include, but is not limited to the following: (a)The individual's age or estimate thereof. (b)The nature of the suspected offense. (c)Any potential danger to the public and/or other officers at the scene if the police service dog is released. (d)The degree of resistance or threatened resistance, if any, the subject has shown. (e)The potential for escape or flight if the police dog is not utilized. (f)The potential for injury to officers or the public caused by the suspect if the police service dog is not utilized. As circumstances permit, the police service dog handler should make every reasonable effort to communicate and coordinate with other involved personnel to minimize the risk of unintended injury. A police service dog handler shall have the ultimate authority not to deploy the dog. The handler will evaluate each situation and determine if the use of a police service dog is technically feasible. Generally, the decision whether to deploy the dog shall remain with the handler. However, a supervisor sufficiently apprised of the situation may decide not to deploy the dog. 318.2.2 WARNINGS GIVEN TO ANNOUNCE THE USE OF A CANINE Unless it would otherwise increase the risk of injury or escape, a clearly audible warning to announce that a police service dog will be released if the person does not come forth, shall be made prior to releasing a police service dog. The police service dog handler, when practical, shall first advise the supervisor of their decision if a verbal warning is not given prior to releasing the police service dog. In the event of an apprehension, the handler shall document in any related report whether or not a verbal warning was given and, if none was given, the reasons why. Pismo Beach Police Department Pismo Beach PD Policy Manual Canines Copyright Lexipol, LLC 2020/07/16, All Rights Reserved. Published with permission by Pismo Beach Police Department Canines - 168 318.2.3 USE OF NARCOTIC-DETECTION CANINES A narcotic-detection-trained Police Service Dog may be used in accordance with current law and: (a)To assist in the search for narcotics during a search warrant service; (b)To obtain a search warrant by using the detection canine in support of probable cause; (c)To search vehicles, buildings, bags, and any other articles deemed necessary; (d)A narcotic-detection police service dog will not be used to search a person for narcotics. CALEA 41.1.4 a 318.2.4 USE OF BOMB/EXPLOSIVE DETECTION DOGS Whenever the Police Service Dog is deployed, the handler will include such deployment in the police report and note the deployment in the K-9 Log. CALEA 46.2.6 CALEA 46.2.7 318.2.5 GUIDELINES FOR NON-APPREHENSION USE Because canines have senses far superior to those of humans, they may often be effectively utilized to track or search for non-criminals (e.g. lost children, individuals who may be disoriented or in need of medical attention) or even suspects wanted for minor criminal offenses. In such circumstances, it will be necessary for the handler to evaluate the conditions and ability of the canine to determine the feasibility of such an application. (a)Absent a change in circumstances that present an imminent threat to officers, the canine or the public, such applications should be conducted on leash or under such conditions that will minimize the likelihood that the canine will bite or otherwise injure the individual. (b)Throughout the deployment of the canine in such circumstances, the handler should consider issuing periodic verbal assurances that the canine will not bite or hurt the person. (c)Unless otherwise directed by a supervisor, assisting personnel should take direction from the handler in order to minimize interference with the canine. (d)Once the individual has been located, the canine should be placed in a down stay or otherwise secured as soon as it becomes reasonably practicable. CALEA 41.1.4 a 318.2.6 REPORTING CANINE USE, BITES AND INJURIES Whenever a canine is deployed, a Canine Use report shall be completed by the handler and turned in to the Unit Coordinator before going off duty. Whenever the use of the canine results in a bite or any injury a Canine Use Report Form shall be completed and included with any related incident report. Pismo Beach Police Department Pismo Beach PD Policy Manual Canines Copyright Lexipol, LLC 2020/07/16, All Rights Reserved. Published with permission by Pismo Beach Police Department Canines - 169 The injured party should be transported to an appropriate medical facility if the injury requires medical attention beyond first aid. If the injured party is in custody an officer should remain with the suspect until treatment has been rendered. Photographs shall be taken of the bite or injury as soon as practicable after tending to the immediate needs of the injured party. Photographs shall be retained as evidence in accordance with current department evidence procedures. It shall be the responsibility of the Unit Coordinator to ensure that such photographs are retained until the potential need for use in any related civil proceeding has expired. If a subject alleges an injury that is not visible, a supervisor shall be notified and the location of the alleged injury should be photographed as described above. The Unit Coordinator will maintain liaison with the Animal Control Department to ensure that information regarding canine bites is not retained by its office. Canines used by law enforcement agencies are exempt from impoundment and reporting requirements to the Animal Control Department (Food and Agriculture Code § 31609(b)). 318.2.7 REPORTING CANINE INJURIES In the event that a canine is injured, the injury will be immediately reported to the Watch Commander. Medical care for any injured canine shall follow the protocol established in the Medical Care of the Canine section of this policy. The injury will be documented on a Canine Use Report Form. 318.3 ASSIGNMENT Canine teams should be assigned to assist and supplement the Operations Division to function primarily in assist or cover assignments. However, they may be assigned by the Watch Commander to other functions, such as routine calls for service, based on the current operational needs. Canine teams should generally not be assigned to handle routine matters that will take them out of service for extended periods of time. If such assignment is necessary, it should only be made with the approval of the Watch Commander. 318.3.1 REQUEST FOR ASSISTANCE FROM OTHER AGENCIES The Watch Commander or the Unit Coordinator must approve all requests for the Police Service Dog assistance from outside agencies, subject to the following provisions: (a)The Police Service Dog team shall not be used for any assignment that is not consistent with this policy. (b)The handler has the ultimate authority to decide whether the Police Service Dog should be used for any specific assignment. Pismo Beach Police Department Pismo Beach PD Policy Manual Canines Copyright Lexipol, LLC 2020/07/16, All Rights Reserved. Published with permission by Pismo Beach Police Department Canines - 170 (c)The Police Service Dog team shall not be called out while off-duty or used outside the boundaries of the City of Pismo Beach unless authorized by the Watch Commander or the Unit Coordinator. (d)It shall be the responsibility of the Police Service Dog handler to coordinate with outside agency personnel in order to minimize the risk of unintended injury. CALEA 41.1.4 a 318.3.2 REQUEST FOR PUBLIC DEMONSTRATIONS All public requests for a Police Service Dog team shall be approved by the Unit Coordinator prior to making any commitment. Handlers shall not demonstrate any "apprehension" work to the public unless authorized to do so by the Unit Coordinator. CALEA 41.1.4 a 318.4 CANINE COORDINATOR The canine coordinator shall be appointed by and directly responsible to the Operations Division or the authorized designee. The responsibilities of the coordinator include but are not limited to: (a)Reviewing all canine use reports to ensure compliance with policy and to identify training issues and other needs of the program. (b)Maintaining a liaison with the vendor kennel. (c)Maintaining a liaison with command staff and functional supervisors. (d)Maintaining a liaison with other agency canine coordinators. (e)Maintaining accurate records to document canine activities. (f)Recommending and overseeing the procurement of equipment and services for the teams of handlers and canines. (g)Scheduling all canine-related activities. (h)Ensuring the canine teams are scheduled for regular training to maximize their capabilities. 318.4.1 SELECTION OF CANINE HANDLERS The following are the minimum qualifications for the assignment of Policy Service Dog Handler: (a)Pismo Beach Police Department officer (currently off probation) (b)Reside in an adequately fenced, single-family, residence (minimum five-foot high fence with locking gates) (c)Have a garage which can be secured and accomodate a canine unit (d)Live within thirty (30) minutes travel time from the Pismo Beach City limits (e)Agree to be assigned to the position for a minimum of three (3) years. Pismo Beach Police Department Pismo Beach PD Policy Manual Canines Copyright Lexipol, LLC 2020/07/16, All Rights Reserved. Published with permission by Pismo Beach Police Department Canines - 171 318.5 REQUESTS FOR CANINE TEAMS Operations Division members are encouraged to request the use of a canine. Requests for a canine team from department units outside of the Operations Division shall be reviewed by the Watch Commander. 318.5.1 AVAILABILITY The handler shall be available for call-out under conditions specified by the Unit Coordinator. 318.5.2 PUBLIC DEMONSTRATION All public requests for a canine team shall be reviewed and, if appropriate, approved by the canine coordinator prior to making any resource commitment. The canine coordinator is responsible for obtaining resources and coordinating involvement in the demonstration to include proper safety protocols. Canine handlers shall not demonstrate any apprehension work unless authorized to do so by the canine coordinator. 318.5.3 CANINE IN PUBLIC AREAS All Police Service Dogs shall be kept on a leash when in areas that allow access to the public. Exceptions would include specific police operations for which the Police Service Dogs are trained. (a)Police Servcie Dogs shall not be left unattended in any area to which the public may have access. (b)When the Police Service Dog unit is left unattended all windows and doors shall be secured in such a manner as to prevent unauthorized access to the dog. The handler shall also insure that the unattended unit remains inhabitable for the Police Service Dog. 318.5.4 HANDLER COMPENSATION The Police Service Dog handler shall be compensated for time spent in the care, feeding, grooming and other needs of the dog as provided in the Fair Labor Standards Act. The compensation shall be prescribed in the employee's Memorandum of Understanding. 318.5.5 HOME KENNELING (a)The following are requirements for handlers: 1.Handlers must have the approval of all adult persons residing in their residence in order to house a police canine. 2.Residents must be aware that the canine is not a pet but a trained working canine owned by the City of Pismo Beach and assigned to the handler. 3.Handlers must live in a single family dwelling with a fully fenced rear yard. Handlers must agree to allow representatives of the Department on their property for the purpose of inspecting areas where the canine is kenneled. Pismo Beach Police Department Pismo Beach PD Policy Manual Canines Copyright Lexipol, LLC 2020/07/16, All Rights Reserved. Published with permission by Pismo Beach Police Department Canines - 172 4.The immediate neighbors of the intended handler shall be contacted and advised that a police canine may be housed nearby. Their opinions and desires shall be considered in any decision by the Department in handler selection. 5.The City of Pismo Beach may provide the handler a cyclone fenced cage with a cyclone fenced roof and a cement slab. 6.Canines shall be kept at the home of their handlers in the kennels provided by the City or in quarters approved by the Canine Supervisor. 7.The kennel shall be kept in a clean and sanitary condition at all times. 8.Canines will be securely kenneled or under the direct control of their handler while off-duty. 9.Handlers are not to involve themselves in any off-duty activity with their canines which may bring discredit on the program or the Department. 10.The handler and his/her family must realize that the canine placed in the care of the handler is a 24-hour responsibility. 11.Vacation kenneling will be arranged by the canine handler at an approved facility. 318.6 MEDICAL CARE OF THE CANINE All medical attention shall be rendered by the designated Police Service Dog veterinarian, except during an emergency as provided in Policy Manual § 318.6.2. 318.6.1 NON-EMERGENCY MEDICAL CARE Non-emergency medical care will be coordinated through the Unit Coordinator. Any indication that a Police Service Dog is not in good physical condition shall be reported to the Unit Coordinator or the Watch Commander as soon as practical. All records of medical treatment shall be maintained in the Police Service Dog's file. 318.6.2 EMERGENCY MEDICAL CARE The handler shall notify the Unit Coordinator as soon as practiical when emergency medical care for the canine is required. Depending on the severity of the injury or illness, the canine shall either be treated by the designated veterinarian or transported to a designated emergency medical facility for treatment. If the handler and dog are out of the area, the handler may use the nearest available veterinarian. 318.7 APPREHENSION GUIDELINES A canine may be used to locate and apprehend a suspect if the canine handler reasonably believes that the individual has committed, is committing, or is threatening to commit any serious offense and if any of the following conditions exist: Pismo Beach Police Department Pismo Beach PD Policy Manual Canines Copyright Lexipol, LLC 2020/07/16, All Rights Reserved. Published with permission by Pismo Beach Police Department Canines - 173 (a)There is a reasonable belief the suspect poses an imminent threat of violence or serious harm to the public, any officer, or the handler. (b)The suspect is physically resisting or threatening to resist arrest and the use of a canine reasonably appears to be necessary to overcome such resistance. (c)The suspect is believed to be concealed in an area where entry by other than the canine would pose a threat to the safety of officers or the public. It is recognized that situations may arise that do not fall within the provisions set forth in this policy. Such events require consideration of the totality of the circumstances and the use of an objective reasonableness standard applied to the decision to use a canine. Absent a reasonable belief that a suspect has committed, is committing, or is threatening to commit a serious offense, mere flight from a pursuing officer, without any of the above conditions, shall not serve as the basis for the use of a canine to apprehend a suspect. Use of a canine to locate and apprehend a suspect wanted for a lesser criminal offense than those identified above requires approval from the Watch Commander. Absent a change in circumstances that presents an imminent threat to officers, the canine or the public, such canine use should be conducted on-leash or under conditions that minimize the likelihood the canine will bite or otherwise injure the individual. In all applications, once the suspect has been located and no longer reasonably appears to present a threat or risk of escape, the handler should secure the canine as soon as it becomes reasonably practicable. If the canine has apprehended the suspect with a secure bite, and the handler believes that the suspect no longer poses a threat, the handler should promptly command the canine to release the suspect. 318.8 NON-APPREHENSION GUIDELINES Properly trained canines may be used to track or search for non-criminals (e.g., lost children, individuals who may be disoriented or in need of medical attention). The canine handler is responsible for determining the canine’s suitability for such assignments based on the conditions and the particular abilities of the canine. When the canine is deployed in a search or other non- apprehension operation, the following guidelines apply: (a)Absent a change in circumstances that presents an imminent threat to officers, the canine, or the public, such applications should be conducted on-leash or under conditions that minimize the likelihood the canine will bite or otherwise injure the individual, if located. (b)Unless otherwise directed by a supervisor, assisting members should take direction from the handler in order to minimize interference with the canine. (c)Throughout the deployment, the handler should periodically give verbal assurances that the canine will not bite or hurt the individual and encourage the individual to make him/herself known. Pismo Beach Police Department Pismo Beach PD Policy Manual Canines Copyright Lexipol, LLC 2020/07/16, All Rights Reserved. Published with permission by Pismo Beach Police Department Canines - 174 (d)Once the individual has been located, the handler should place the canine in a down- stay or otherwise secure it as soon as reasonably practicable. 318.8.1 BOMB/EXPLOSIVE DETECTION Because of the high risk of danger to the public and officers when a bomb or other explosive device is suspected, the use of a canine team trained in explosive detection may be considered. When available, an explosive-detection canine team may be used in accordance with current law and under certain circumstances, including: (a)Assisting in the search of a building, structure, area, vehicle, or article where an actual or suspected explosive device has been reported or located. (b)Assisting with searches at transportation facilities and vehicles (e.g., buses, airplanes, trains). (c)Preventive searches at special events, VIP visits, official buildings, and other restricted areas. Searches of individuals should remain minimally intrusive and shall be strictly limited to the purpose of detecting explosives. (d)Assisting in the search of scenes where an explosion has occurred and an explosive device or secondary explosive device is suspected. At no time will an explosive-detection trained canine be used to render a suspected device safe or clear. 318.8.2 ARTICLE DETECTION A canine trained to find objects or property related to a person or crime may be used to locate or identify articles. A canine search should be conducted in a manner that minimizes the likelihood of unintended bites or injuries. 318.9 HANDLER RESPONSIBILITIES The canine handler shall ultimately be responsible for the health and welfare of the canine and shall ensure that the canine receives proper nutrition, grooming, training, medical care, affection, and living conditions. The canine handler will be responsible for the following: (a)Except as required during appropriate deployment, the handler shall not expose the canine to any foreseeable and unreasonable risk of harm. (b)The handler shall maintain all department equipment under his/her control in a clean and serviceable condition. (c)When not in service, the handler shall maintain the canine vehicle in a locked garage, away from public view. (d)When a handler is off-duty for an extended number of days, the assigned canine vehicle should be stored at the Pismo Beach Police Department facility. (e)Handlers shall permit the canine coordinator to conduct spontaneous on-site inspections of affected areas of their homes as well as their canine vehicles to verify that conditions and equipment conform to this policy. Pismo Beach Police Department Pismo Beach PD Policy Manual Canines Copyright Lexipol, LLC 2020/07/16, All Rights Reserved. Published with permission by Pismo Beach Police Department Canines - 175 (f)Any changes in the living status of the handler that may affect the lodging or environment of the canine shall be reported to the canine coordinator as soon as possible. (g)When off-duty, the canine shall be in a kennel provided by the City at the home of the handler. When a canine is kenneled at the handler’s home, the gate shall be secured with a lock. When off-duty, the canine may be let out of the kennel while under the direct control of the handler. (h)The canine should be permitted to socialize in the home with the handler’s family for short periods of time and under the direct supervision of the handler. (i)Under no circumstances will the canine be lodged at another location unless approved by the canine coordinator or Watch Commander. (j)When off-duty, the handler shall not involve the canine in any law enforcement activity or official conduct unless approved in advance by the canine coordinator or Watch Commander. (k)Whenever a canine handler is off-duty for an extended number of days, it may be necessary to temporarily relocate the canine. In those situations, the handler shall give reasonable notice to the canine coordinator so that appropriate arrangements can be made. 318.9.1 CANINE IN PUBLIC AREAS The canine should be kept on a leash when in areas that allow access to the public. Exceptions to this rule would include specific law enforcement operations for which the canine is trained. (a)A canine shall not be left unattended in any area to which the public may have access. (b)When the canine vehicle is left unattended, all windows and doors shall be secured in such a manner as to prevent unauthorized access to the canine. The handler shall also ensure that the unattended vehicle remains inhabitable for the canine. 318.9.2 IMMUNITY All duly authorized peace officers acting in the performance of their official duties and any person working under their immediate direction, supervision or instruction are immune from prosecution under the Uniform Controlled Substance Act while providing substance abuse training or canine drug detection training (Health & Safety Code § 11367.5(b)). 318.10 TRAINING Pismo Beach Police Department Watch CommanderBefore assignment in the field, each canine team shall be trained and certified to meet current POST guidelines. Cross trained dog teams or those dog teams trained exclusively for the detection of narcotics and/or explosives shall be trained and certified to meet the standards established for such detection dogs by the California Narcotic Canine Association or other recognized and approved certification standards. CALEA 41.1.4 b Pismo Beach Police Department Pismo Beach PD Policy Manual Canines Copyright Lexipol, LLC 2020/07/16, All Rights Reserved. Published with permission by Pismo Beach Police Department Canines - 176 The Unit Coordinator shall be responsible for scheduling periodic training for all department personnel in order to familiarize them with how to conduct themselves in the presence of department canines. 318.10.1 CONTINUED TRAINING Each canine team shall thereafter be recertified to current POST guidelines and the California Narcotic Canine Association or other recognized and approved certification standards on an annual basis. Additional training considerations are as follows: (a)Canine teams shall receive training as defined in the current contract with the department's canine training provider. (b)Canine handlers are encouraged to engage in additional training with approval of the Unit Coordinator. (c)To ensure that all training is consistent, no handler, trainer, or outside vendor is authorized to train to a standard that is contrary to the policies of the Pismo Beach Police Department. (d)All canine training shall be dconducted while on duty unless otherwise approved by the Unit Coordinator or Watch Commander. CALEA 41.1.4 b 318.10.2 FAILURE TO SUCCESSFULLY COMPLETE POST TRAINING Any dog team failing POST canine certification and, if cross trained, the California Narcotic Canine Association or other recognized and approved certification standards shall not be deployed in the field until certification is achieved. When practical, pending successful certification, the canine handler shall be temporarily reassigned to regular patrol duties. 318.10.3 TRAINING RECORDS All Police Service Dog training records shall be maintained in the Police Service Dog handler's training file. Policy 320 Pismo Beach Police Department Pismo Beach PD Policy Manual Copyright Lexipol, LLC 2020/07/16, All Rights Reserved. Published with permission by Pismo Beach Police Department Domestic Violence - 177 Domestic Violence 320.1 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. 320.1.1 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. 320.2 POLICY The Pismo Beach 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. 320.3 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. 320.4 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. Pismo Beach Police Department Pismo Beach PD Policy Manual Domestic Violence Copyright Lexipol, LLC 2020/07/16, All Rights Reserved. Published with permission by Pismo Beach Police Department Domestic Violence - 178 (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 Investigative 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. Pismo Beach Police Department Pismo Beach PD Policy Manual Domestic Violence Copyright Lexipol, LLC 2020/07/16, All Rights Reserved. Published with permission by Pismo Beach Police Department Domestic Violence - 179 320.4.1 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. 320.4.2 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 homes, victim witness unit). (b)Document the resolution in a report. 320.5 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 the department's domestic violence information handout, 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)Stand by for a reasonable amount of time when an involved person requests law enforcement assistance while removing essential items of personal property. (e)Seek medical assistance as soon as practicable for the victim if he/she has sustained injury or complains of pain. (f)Ask the victim whether he/she has a safe place to stay. Assist in arranging transport for 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. San Luis Obispo County shelters provide 24 hour crisis lines. (g)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. (h)Seek or assist the victim in obtaining an emergency protective order if appropriate. (i)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.LC. 679.05). Pismo Beach Police Department Pismo Beach PD Policy Manual Domestic Violence Copyright Lexipol, LLC 2020/07/16, All Rights Reserved. Published with permission by Pismo Beach Police Department Domestic Violence - 180 (j)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".CALEA 55.2.2CALEA 55.2.3b (k)If the victim is an undocumented immigrant, the victim may be eligible for a "U-Vist", which may be initiated by the District Attorney's Office or an immigrant assistance agency. (l)The victim may request to have their name deleted from the crime report (GC 6254(F) (2)) (m)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). (n)An officer shall advise an individual protected by a Canadian domestic violence protection order of available local victim services (Family Code 6452). 320.5.1 WRITTEN NOTICE TO VICTIMS Penal Code § 13701 requres that victims of domestic violence be furnished written notice including the following information: (a)A statement informing the victim that despite official restraint of the person alleged to have committed domestic violence, the restrained person may be released at any time (b)A statement that provides information about a shelter they may contact in the area (c)A statement that provides information about other community services they may contact in the areaCALEA 55.2.3 b (d)A statement informing the victim of domestic violence that he or she can ask the District Attorney to file a criminal complaint (e)A statement that "For further information about the California Victim's Compensation Program, you may contact 1-800-777-9229." (f)A statement informing the victim of the right to go to the Superior Court and file a petition requesting any of the following orders for relief: 1.An order restraining the attacker from abusing the victim and other family members 2.An order directing the attacker to leave the household 3.An order preventing the attacker from entering the residence, school, business, or place of employment of the victim 4.An order awarding the victim or the other parent custody of or visitation with a minor child or children 5.An order restrianing the attacker from molesting or interfering with minor children in the cusody of the victim Pismo Beach Police Department Pismo Beach PD Policy Manual Domestic Violence Copyright Lexipol, LLC 2020/07/16, All Rights Reserved. Published with permission by Pismo Beach Police Department Domestic Violence - 181 6.An order directing the party not granted custody to pay suport of minor children, if that party has a legal obligation to do so 7.An order directing the defendant to make specified debt payments coming due while the order is in effect 8.An order directing that either or both parties participate in counselingCALEA 55.2.2CALEA 55.2.3 c (g)A statement informing the victim of the right to file a civil suit for losses suffered as a result of the abuse. This includes medical expenses, loss of earnings, and other expenses for injuries sustained and damage to property and any other related expenses incurred by the victim or any agency that shelters the victim (h)In the case of an alleged violaiton of Penal Code §§ 243(e), 261, 261.5, 262, 273.5, 286, 288a, or 289, a Domestic Violence Information Pamphlet which shall include, but is not limited to, the following information: 1.The names and locations of rape victim counseling centers within the county, including those centers specified in Penal Code § 13837, and their 24-hour conseling service telephone numbers. 2.A simple statement on the proper procedures for a victim to follow after a sexual assault. 3.A statement that sexual assault by a person who is known to the victim, including sexual assault by a person who is the spouse of the victim, is a crime. 4.A statement that domestic violence or assault by a person who is known to the victim, including domestic violence or assault by a person who is the spouse of the victim, is a crime. (i)The card should also provide information relating to the rights and duties of tenants and landlords, regarding lock-changes, evictions and related matters that may assist victims with housing and safety concerns (Code of Civil Procedure § 1161.3, Civil Code § 1941.5 and Cvil Code § 1941.6). 320.6 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. CALEA 1.1.3 CALEA 55.1.1 CALEA 55.1.3 CALEA 55.2.3 CALEA 55.2.1 CALEA 55.2.2 CALEA 55.2.4 CALEA 55.2.5 320.7 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 Pismo Beach Police Department Pismo Beach PD Policy Manual Domestic Violence Copyright Lexipol, LLC 2020/07/16, All Rights Reserved. Published with permission by Pismo Beach Police Department Domestic Violence - 182 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). 320.7.1 EMERGENCY PROTECTIVE ORDERS (a)Family Code § 6241 mandates the Superior Court to provide a judge, commissioner, or referee to hear applications and issue an Emergency Protective Order(s) (EPO's), based on criteria outlined in Family Code § 6250(c). A judicial officer may issue an EPO whenever a law enforcement officer asserts reasonable grounds that: 1.A person is in immediate and present danger of domestic violence, based upon the person's allegation of a recent incident of abuse or threat of abuse or threat of abuse by the person against whom the order is sought. 2.A child is in immediate and present danger of abuse by a family or household member, based on an allegation of a recent incident of abuse or threat of abuse by the family or household member. 3.A child is in immediate and present danger of being abducted by a parent or relative, based on a reasonable belief that a person has an intent to abduct a child or flee with the child from the jurisdiction or based on an allegation of a reasonable threat to abduct the child or flee with the child from the jurisdiction. 4.An elder or dependent adult is in immediate and present danger of abuse as deifned in § 15610.7 of the Welfare and Institutions Code, based on allegation of a recent incident of abuse or threat of abuse by the person against whom the order is sought, except that no emergency protective order shall be issued based solely on an allegation of financial abuse. (b)Under Penal Code § 646.91, a peace officer may also obtain an emergency protective order when a person is in immediate and present danger of being stalked. CALEA 74.2.1 (c)Emergency Protective Orders may be obtained by telephone to prohibit a suspect who resides with a complinant, regardless of their marital status or relationship from: 1.Physically or verbally contacting the victim or disturbing their peace; 2.Remaining or returning to the victim's residence, regardless of who holds legal title to, or leases the residence; or Pismo Beach Police Department Pismo Beach PD Policy Manual Domestic Violence Copyright Lexipol, LLC 2020/07/16, All Rights Reserved. Published with permission by Pismo Beach Police Department Domestic Violence - 183 3.Continuing a specific behavior as described in the order. CALEA 74.2.1 (d)Officers investigating the scene of current or recent situations of Domestic Violence should remain cognizant of the potential for continued and escalated violence. An Emergency Protective Order should be sought if there is reason to believe, based on factual evidence such as a recent history of violence that the victim may still be in danger. CALEA 74.2.1 (e)It is the police of the Pismo Beach Police Department to request an EPO if any of the following conditions exist: 1.The victim requests an EPO; or 2.The investigating officer has gounds to believe that there is an immediate danger of continuing violence against the victim; or 3.The investigating officer or victim feels that the suspect may be able to make bail and the potential for further violence exists. CALEA 55.2.3 b, c CALEA 74.2.1 320.8 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 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. Pismo Beach Police Department Pismo Beach PD Policy Manual Domestic Violence Copyright Lexipol, LLC 2020/07/16, All Rights Reserved. Published with permission by Pismo Beach Police Department Domestic Violence - 184 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. 320.8.1 PROOF OF SERVICE NOT VERIFIED When the officer verifies that a restraining order exists but cannot verify proof of service or prior knowledge of the order by the suspect, the officer should: (a)Inform the suspect of the terms of the order. (b)Admonish the suspect of the order, that the suspect is now on notice, and that the violation of the order will result in arrest. If the suspect continues to violate the order after being advised of the terms, an arrest should be made. (c)If the suspect complies with the order after admonishment of the terms, the officer shall complete a report pursuant to Penal Code § 13730(c) showing the suspect was advised of the terms of the order, the specific terms of the order the suspect was advised about, the name of the officer, and the date and time. The Department's copy of the restraining order will be updated to reflect the information listed above. CALEA 74.2.1 320.9 LEGAL MANDATES AND RELEVANT LAWS California law provides for the following: 320.9.1 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) Pismo Beach Police Department Pismo Beach PD Policy Manual Domestic Violence Copyright Lexipol, LLC 2020/07/16, All Rights Reserved. Published with permission by Pismo Beach Police Department Domestic Violence - 185 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) 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). 320.9.2 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). Pismo Beach Police Department Pismo Beach PD Policy Manual Domestic Violence Copyright Lexipol, LLC 2020/07/16, All Rights Reserved. Published with permission by Pismo Beach Police Department Domestic Violence - 186 (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 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). 320.9.3 PUBLIC ACCESS TO POLICY (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 and notice of where the weapon may be recovered, along with the applicable time limit for recovery (Penal Code § 18250; Penal Code § 33800). 320.9.4 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)). 320.9.5 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 Pismo Beach Police Department Pismo Beach PD Policy Manual Domestic Violence Copyright Lexipol, LLC 2020/07/16, All Rights Reserved. Published with permission by Pismo Beach Police Department Domestic Violence - 187 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 Support Services Supervisor to maintain and report this information as required. Policy 322 Pismo Beach Police Department Pismo Beach PD Policy Manual Copyright Lexipol, LLC 2020/07/16, All Rights Reserved. Published with permission by Pismo Beach Police Department Search and Seizure - 188 Search and Seizure 322.1 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 Pismo Beach Police Department personnel to consider when dealing with search and seizure issues. CALEA 1.2.4 322.2 POLICY It is the policy of the Pismo Beach 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. CALEA 1.2.4 322.3 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. CALEA 1.2.4 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. Pismo Beach Police Department Pismo Beach PD Policy Manual Search and Seizure Copyright Lexipol, LLC 2020/07/16, All Rights Reserved. Published with permission by Pismo Beach Police Department Search and Seizure - 189 Whenever practicable, officers are encouraged to contact a supervisor to resolve questions regarding search and seizure issues prior to electing a course of action. 322.3.1 RESIDENCE Absent a valid search warrant, exigent circumstances or valid consent, every person has a reasonable expectation of privacy inside their home. Individuals do not, however, generally have a reasonable expectation of privacy in areas around their home where the general public (e.g., mailmen & salesmen) would reasonably be permitted to go. 322.3.2 PLAIN VIEW Because an individual does not have an expectation of privacy as to items that are in plain view, no "search" has taken place in a constitutional sense when an object is viewed from a location where the officer has a right to be. An item in plain view may generally be seized when all of the following conditions exist: (a)It was viewed from a lawful location (b)There is probable cause to believe that the item is linked to criminal activity (c)The location of the item can be legally accessed It is important to note that the so-called "Nexus Rule" requires that even items in plain view must not be seized unless there is probable cause to believe that the item will aid in an investigation. Such a nexus should be included in any related reports. CALEA 1.2.4 322.3.3 EXIGENT CIRCUMSTANCES Exigent circumstances permitting entry into premises without a warrant or valid consent generally include any of the following: (a)Imminent danger of injury or death (b)Serious damage to property (c)Imminent escape of a suspect (d)The destruction of evidence An exigency created by the officer's own conduct as an excuse for a warrantless entry is not generally permitted. CALEA 1.2.4 Pismo Beach Police Department Pismo Beach PD Policy Manual Search and Seizure Copyright Lexipol, LLC 2020/07/16, All Rights Reserved. Published with permission by Pismo Beach Police Department Search and Seizure - 190 322.3.4 PROBATION SEARCHES Probation searches are made pursuant to a consent given by the probationer as a condition of his/her grant of probation. Not all probationers have a search clause added to their probation. Not all search clauses are the same. The officer will confirm the existing probation conditions prior to making the search. The officer must conduct the search for a legitimate purpose and not for the purpose of harassment. When property belonging to the probationer is to be searched, it is not necessary for the probationer to be present at the time or place of the probation search. CALEA 1.2.4 322.3.5 PAROLE SEARCHES Parole Searches will be made in accordance with the parole conditions set forth by the provisions of Title 15 of the California Code of Regulations, § 2511. All parolees have the same search conditions. (ie: Penal Code § 3067 - any prisoner who is eligible for release on parole pursuant to this chapter shall agree in writing to be subject to search and seizure [person, residence, or any property under his/her control] by a parole officer, or other peace officer at any time of the day or night, with or without a search warrant and with or without cause.) It is recommended that the officer make some attempts to contact the parole agent prior to conducting the search. The officer must conduct the search for legitimate purposes and not for the purpose of harassment. When property belonging to the parolee is to be searched, it is not necessary for the parolee to be present at the time of the parole search. CALEA 1.2.4 322.3.6 SCENE OF A CRIME Officers are allowed to search crime scenes located in public places without a warrant, and those in private premises only if they can articulate why a true emergency or exigency exists. CALEA 1.2.4 322.4 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: Pismo Beach Police Department Pismo Beach PD Policy Manual Search and Seizure Copyright Lexipol, LLC 2020/07/16, All Rights Reserved. Published with permission by Pismo Beach Police Department Search and Seizure - 191 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. CALEA 1.2.4 322.4.1 CONSENT Entry into a location for the purpose of conducting a search for any item reasonably believed relevant to any investigation is permitted once valid consent has been obtained. A search by consent is only valid if the following criteria are met: •Voluntary (i.e., clear, specific, and unequivocal). •Obtained from a person with authority to give the consent. •Does not exceed the scope of the consent given. CALEA 1.2.4 Whenever unusual circumstances would not otherwise prevent the use of the Department's "CONSENT TO SEARCH" form, officers should have the individual read the form, ensure they understand it, and provide them with a copy after they have signed it. If unusual circumstances prevent the use of the "CONSENT TO SEARCH" form, officers should describe such circumstances in related report(s). While there is no requirement that an individual be told of their right to refuse consent, such a warning and the use of the "CONSENT TO SEARCH" form provide strong support for the validity of any consent. Consent must be obtained as the product of a free will. It cannot be obtained through submission to authority, expressed or implied. A person with authority to consent to search should be present or otherwise in a position to communicate a withdrawal of consent should they so desire. Absent other legal justification, any related search should be discontinued at any point that consent is withdrawn. 322.5 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 Pismo Beach Police Department Pismo Beach PD Policy Manual Search and Seizure Copyright Lexipol, LLC 2020/07/16, All Rights Reserved. Published with permission by Pismo Beach Police Department Search and Seizure - 192 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. 322.5.1 SEARCHES OF MOTOR VEHICLES Motor vehicles are defined as being any vehicle that is self-propelled. A motor home is considered a motor vehicle and may be searched as any other vehicle when it is being used on a highway, or is capable of such use and is found stationary at a place not regularly used for residential purpose. Pursuant to a lawful search, a warrant should be produced, if one exists, whenever it is practical to do so or if the vehicle is no longer mobile. Motor vehicles have the capacity to be moved quickly to an unknown location or beyond the jurisdictional reach of a law enforcement officer thus making it impossible to obtain a warrant to search the vehicle. When the officer has probable cause to believe that the vehicle contains items related to criminal activity, the officer may make a warrantless search of any part of the vehicle where the item(s) searched for could reasonably be located, including the trunk. Officers are also permitted to search any containers found in the vehicle which may reasonably contain the item believed to be in the vehicle. CALEA 1.2.4 Policy 324 Pismo Beach Police Department Pismo Beach PD Policy Manual Copyright Lexipol, LLC 2020/07/16, All Rights Reserved. Published with permission by Pismo Beach Police Department Temporary Custody of Juveniles - 193 Temporary Custody of Juveniles 324.1 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 Pismo Beach Police Department (34 USC § 11133). Guidance regarding contacting juveniles at schools or who may be victims is provided in the Child Abuse Policy. 324.1.1 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.CALEA 44.2.2 b Juvenile offender - A juvenile 17 years of age or younger who is alleged to have committed an offense that would subject an adult to arrest (a non-status offense). 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).CALEA 71.1.1 Safety checks - Direct, visual observation personally by member of this department performed at random intervals within time frames prescribed in this policy to provide for the health and welfare of inmates. Secure custody - When a juvenile offender is held in a locked room, a set of rooms or a cell. 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 placed in a room that contains doors with delayed egress devices that have a delay of more than 30 seconds. (c)A juvenile being processed in a secure booking area when an unsecure booking area is available. Pismo Beach Police Department Pismo Beach PD Policy Manual Temporary Custody of Juveniles Copyright Lexipol, LLC 2020/07/16, All Rights Reserved. Published with permission by Pismo Beach Police Department Temporary Custody of Juveniles - 194 (d)A juvenile left alone in a secure booking area after being photographed and fingerprinted. (e)A juvenile placed in a cell within the adult temporary holding area, whether or not the cell door is locked. CALEA 71.1.1 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 or 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).CALEA 44.2.2 a 324.2 POLICY The Pismo Beach 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 Pismo Beach Police Department. Juveniles should be held in temporary custody only for as long as reasonably necessary for processing, transfer, or release. CALEA 44.2.2 324.3 JUVENILES WHO SHOULD NOT BE HELD Juveniles who exhibit any of the following conditions should not be held at the Pismo Beach 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 Pismo Beach Police Department unless they have been evaluated by a qualified medical and/or mental health professional (15 CCR 1142). Pismo Beach Police Department Pismo Beach PD Policy Manual Temporary Custody of Juveniles Copyright Lexipol, LLC 2020/07/16, All Rights Reserved. Published with permission by Pismo Beach Police Department Temporary Custody of Juveniles - 195 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). 324.3.1 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). 324.3.2 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). 324.4 CUSTODY OF JUVENILES Officers should take custody of a juvenile and temporarily hold the juvenile at the Pismo Beach 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 Pismo Beach 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 Pismo Beach Police Department (34 USC § 11133; Welfare and Institutions Code § 207.1(d)). 324.4.1 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 Pismo Beach 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). 324.4.2 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 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). Pismo Beach Police Department Pismo Beach PD Policy Manual Temporary Custody of Juveniles Copyright Lexipol, LLC 2020/07/16, All Rights Reserved. Published with permission by Pismo Beach Police Department Temporary Custody of Juveniles - 196 324.4.3 CUSTODY OF JUVENILE OFFENDERS Juvenile offenders should be held in non-secure custody while at the Pismo Beach 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.CALEA 44.2.1 a (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).CALEA 44.2.1 a, cCALEA 71.3.1 b 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).CALEA 44.2.1CALEA 44.2.2CALEA 71.3.1 b 324.5 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).CALEA 44.2.2 e 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). Pismo Beach Police Department Pismo Beach PD Policy Manual Temporary Custody of Juveniles Copyright Lexipol, LLC 2020/07/16, All Rights Reserved. Published with permission by Pismo Beach Police Department Temporary Custody of Juveniles - 197 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 Holding Facility Policy (Welfare and Institutions Code § 627; Penal Code § 851.5).CALEA 44.2.2 c 324.6 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 Pismo Beach 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. 324.7 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 Pismo Beach Police Pismo Beach Police Department Pismo Beach PD Policy Manual Temporary Custody of Juveniles Copyright Lexipol, LLC 2020/07/16, All Rights Reserved. Published with permission by Pismo Beach Police Department Temporary Custody of Juveniles - 198 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). 324.8 TEMPORARY CUSTODY REQUIREMENTS Members and supervisors assigned to monitor or process any juvenile at the Pismo Beach 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 Pismo Beach Police Department more than four hours. This will enable the Watch Commander to ensure no juvenile is held at the Pismo Beach 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. Pismo Beach Police Department Pismo Beach PD Policy Manual Temporary Custody of Juveniles Copyright Lexipol, LLC 2020/07/16, All Rights Reserved. Published with permission by Pismo Beach Police Department Temporary Custody of Juveniles - 199 (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). 324.9 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 Pismo Beach 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). 324.10 PERSONAL PROPERTY The officer taking custody of a juvenile offender or status offender at the Pismo Beach 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 Pismo Beach Police Department. 324.11 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.CALEA 71.3.1 b 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 Pismo Beach Police Department Pismo Beach PD Policy Manual Temporary Custody of Juveniles Copyright Lexipol, LLC 2020/07/16, All Rights Reserved. Published with permission by Pismo Beach Police Department Temporary Custody of Juveniles - 200 (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). 324.11.1 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.CALEA 71.4.3 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.CALEA 71.5.1 a (b)Juveniles shall have constant auditory access to department members (15 CCR 1147).CALEA 71.5.1 a (c)Initial placement into and removal from a locked enclosure shall be logged (Welfare and Institutions Code § 207.1(d)).CALEA 71.5.1 a (d)Unscheduled safety checks to provide for the health and welfare of the juvenile by a staff member, no less than once every 30 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.CALEA 71.2.3 eCALEA 71.5.1 a (e)Males and females shall not be placed in the same locked room (15 CCR 1147).CALEA 71.3.1 e (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.CALEA 71.1.1CALEA 71.3.1 c 324.12 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 Pismo Beach 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 Division Supervisor. (b)Notification of the parent, guardian, or person standing in loco parentis of the juvenile. (c)Notification of the appropriate prosecutor. Pismo Beach Police Department Pismo Beach PD Policy Manual Temporary Custody of Juveniles Copyright Lexipol, LLC 2020/07/16, All Rights Reserved. Published with permission by Pismo Beach Police Department Temporary Custody of Juveniles - 201 (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. 324.13 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. 324.13.1 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. (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 Pismo Beach Police Department Pismo Beach PD Policy Manual Temporary Custody of Juveniles Copyright Lexipol, LLC 2020/07/16, All Rights Reserved. Published with permission by Pismo Beach Police Department Temporary Custody of Juveniles - 202 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). 324.14 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 Investigative 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 324.15 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. 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 Pismo Beach 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 Support Services Supervisor and the appropriate Pismo Beach Police Department Pismo Beach PD Policy Manual Temporary Custody of Juveniles Copyright Lexipol, LLC 2020/07/16, All Rights Reserved. Published with permission by Pismo Beach Police Department Temporary Custody of Juveniles - 203 Investigative Bureau supervisors to ensure that personnel of those bureaus act within legal guidelines. 324.16 BOARD OF STATE AND COMMUNITY CORRECTIONS CERTIFICATION The Operations Division Commander shall coordinate the procedures related to the custody of juveniles held at the Pismo Beach Police Department and ensure any required certification is maintained (Welfare and Institution Code § 210.2). 324.17 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 Pismo Beach Police Department Pismo Beach PD Policy Manual Copyright Lexipol, LLC 2020/07/16, All Rights Reserved. Published with permission by Pismo Beach Police Department Prisoner Transportation - 204 Prisoner Transportation 325.1 PURPOSE AND SCOPE Transportation of persons in custody is a constant requirement and frequent activity in policing. As law enforcement personnel perform prisoner transportation, they should be prepared to provide for the safety and security of the prisoner, the transporting officer(s) and the public. The policies detailed below are intended to assure safety and security, and to provide specific requirements in the variety of circumstances where police officers are required to transport prisoners. 325.1.1 TRANSPORTATION OF PRISONERS Generally and when circumstances permit, prisoners of the opposite sex, or adult and juvenile prisoners, should not be transported in the same vehicle unless they are physically separated by a solid barrier. If segregating prisoners is not practicable, officers should be alert to inappropriate physical or verbal contact between them and take appropriate action as necessary. Whenever a prisoner is to be transported from the Temporary Holding Facility to another facility by a member of this department the transporting officer shall be responsible for the following: 70.5.1 b, c (a)Verify that the identity of each prisoner to be transported matches the booking paperwork. CALEA 70.5.1 a (b)Ensure that all pertinent documentation accompanies the prisoner, such as copies of booking forms, medical records when appropriate, an itemized list of the prisoner's property, warrant copies, etc. CALEA 70.5.1 b (c)Ensure that any known threat or danger the prisoner may pose, such as escape risk, suicide potential, or medical condition, is recorded on the prisoner's booking documentation and is transported with the prisoner to the next facility. The transporting officer shall ensure such threat or danger is communicated to intake personnel at the facility. CALEA 70.5.1 c 325.2 SEARCHING PRIOR TO TRANSPORTATION All prisoners will be searched by the transporting officer prior to being placed into the patrol vehicle. If the transporting officer is different from the arresting officer, the transporting officer shall also conduct a search. Prisoners will be searched each time they come into a transporting officer's custody. CALEA 70.1.1 325.3 SEARCHING VEHICLES PRIOR TO TRANSPORTATION Officers shall search their assigned patrol vehicle at the beginning and end of each shift. They shall also conduct a search prior to and after each prisoner transportation. All property and contraband located in the patrol vehicle will be properly booked into evidence. Information will be sought for identifying the owner or subject responsible for any contraband. CALEA 70.1.2 Pismo Beach Police Department Pismo Beach PD Policy Manual Prisoner Transportation Copyright Lexipol, LLC 2020/07/16, All Rights Reserved. Published with permission by Pismo Beach Police Department Prisoner Transportation - 205 325.4 MAINTAINING OBSERVATIONS OF TRANSPORTED PRISONERS Prisoners shall be properly restrained and transported in a caged patrol vehicle. Officers will not lose sight of prisoners. The prisoner shall be placed in a position to allow the greatest degree of visibility and control by the transporting officer(s). Prisoners should be transported in a police vehicle equipped with a safety barrier, except in incidents requiring medical attention or other emergencies. No more than three prisoners shall be transported in a marked/caged patrol vehicle. When a vehicle is equipped with a safety barrier, the prisoner should be transported within the confines of the safety barrier. Officers should position prisoners in the right hand rear seat so they can be observed by the transporting officer. If the vehicle is not equipped with a safety barrier, a single prisoner should be placed in the front seat where the transporting officer can maintain observation and control of the prisoner. If a second officer is available to assist transport, the prisoner should be placed in the rear seat with the assisting officer positioned behind the transporting officer. While transporting prisoners, officers shall not respond to routine calls for service, initiate any enforcement action or become involved in a pursuit. CALEA 70.1.4 Upon observation of a situation requiring police action along the transport route, PBPD dispatch shall be advised. Transporting officers should respond only to situations where risk of serious bodily injury or death to third parties is imminent and the risk to the prisoner is minimal. CALEA 70.1.3 CALEA 70.1.4 325.4.1 PRISONER COMMUNICATION During the transportation of prisoners, prisoners will not be allowed to communicate with outside parties, including attorneys, clergy and family members. CALEA 70.1.5 325.5 TRANSPORTATION TO DETENTION FACILITIES When transporting a prisoner to a detention facility, the officer shall do the following upon arrival: (a)Secure weapons either in a firearm locker or in the trunk of the patrol vehicle. The vehicle's shotgun and rifle may remain locked in the electro-lock mechanism of the patrol car. CALEA 70.1.6 a (b)Restraints will be removed at the direction of the receiving officer. CALEA 70.1.6 b (c)Complete and submit all necessary paperwork to the receiving officer and advise of any medical or security hazards. Retain a copy of the pre-booking sheet for return to the Records Unit. CALEA 70.1.6 c, d, e 325.5.1 SECURITY HAZARDS In any instance where the department becomes aware that a particular prisoner poses a security risk, whether it be due to previous escape attempts or other information which would constitute a Pismo Beach Police Department Pismo Beach PD Policy Manual Prisoner Transportation Copyright Lexipol, LLC 2020/07/16, All Rights Reserved. Published with permission by Pismo Beach Police Department Prisoner Transportation - 206 risk, said information will be communicated to county jail officials or any other receiving custodial institution. CALEA 70.1.8 325.5.2 ESCAPE OF PRISONER DURING TRANSPORT If an escape occurs, the transporting officer must immediately advise the communications center dispatcher (if within San Luis Obispo County) or the nearest local authority of the following: (a)Officer's call sign (b)The location of the escape. (c)The escapee's description. (d)The charge the escapee was in custody on. (e)Any known accomplice. (f)Whether the escapee and/or accomplices are armed. (g)Method of flight including vehicle description. (h)Direction of flight. If the escape occurs within radio range of a San Luis Obispo County Communications Center, the officer must request that the center notify applicable on duty patrol units and/or law enforcement agencies, as well as the Pismo Beach Police Department Communications Center. If the escape occurs beyond radio range of San Luis Obispo County, the officer must, as soon as practicable, request that the responding agency notify the Pismo Beach Police Department Communications Center. The Pismo Beach Police Department Communications Center must then notify the on duty patrol and supervisor. CALEA 70.1.7 a The initial law enforcement response to assist and search for an escaped prisoner should be coordinated by the supervising officer of the agency having jurisdiction over the location where the escape occurred, or is believed to have occurred. The transporting officer is responsible for any additional prisoners he/she is transporting. Therefore, in the event of an escape during transport, he/she should remain with the transport vehicle and any remaining prisoners. Extenuating circumstances may dictate a different course of action. Upon making the above notifications, and as soon as practicable, the officer should transport the remaining prisoners to their destination, or the nearest detention facility, as circumstances dictate. Officers must complete all necessary reports and procedures before reporting off duty. Officers must follow all Department policies and procedures applicable to the Use of Force regarding any attempt to prevent an escape or to recapture an escapee. When the escape occurs in another area of jurisdiction, the authority of the transporting officer to take action in recovering the prisoner is dependent upon the powers officers have in that jurisdiction. Depending upon the State, these Pismo Beach Police Department Pismo Beach PD Policy Manual Prisoner Transportation Copyright Lexipol, LLC 2020/07/16, All Rights Reserved. Published with permission by Pismo Beach Police Department Prisoner Transportation - 207 will include peace officer powers in the State, within a mutual aid area, or only within the specific jurisdiction from which the officer comes. CALEA 70.1.7 b, c 325.6 TRANSPORTING SICK, INJURED OR DISABLED PRISONERS Any prisoner who has sustained an injury that requires medical attention shall be medically cleared prior to transporting to the San Luis Obispo County Jail. A medical clearance may be obtained at the Arroyo Grande Emergency Room, Sierra Vista Emergency Room or any area hospital. If the prisoner is in transport and requires immediate medical attention the officer shall take the prisoner to the nearest medical emergency facility. If, while in custody, a prisoner appears to need medical attention or expresses a desire for medical attention (even if no obvious medical problems are apparent), immediately notify the supervisor who will make the decision. If the prisoner is mentally or physically disabled to the point that they cannot be safely transported in a police vehicle, the officer shall contact the on-duty supervisor. If continued custody is essential, the prisoner may be transported by ambulance, at the supervisor's discretion. If transported by ambulance, appropriate restraints should be used and the arresting officer should accompany if possible CALEA 70.3.1 Medicine, medical devices, walking aids and prosthetic devices shall be placed in an area not accessible to the prisoner, absent those devices (such as oxygen) required to sustain essential life functions. 325.6.1 TRANSPORT TO MEDICAL FACILITIES When transported to a medical facility, officers should ensure that prisoners are isolated from other patients and are not left unattended. All contacts with the prisoner should be monitored. Restraints should be removed only when necessary and at the direction of medical personnel. The officer shall not leave the medical facility until relieved by another officer or released by a supervisor. If the prisoner is admitted to the hospital, a supervisor should be notified to determine if the prisoner can be released on a citation or a warrant sought. When the prisoner is released from the hospital, the officer should obtain written instructions for future treatments and medication, and the prisoner should be searched and properly restrained. CALEA 70.3.2 325.7 SPECIAL CIRCUMSTANCES Prisoners will not normally be transported to other than medical or detention facilities. Any exceptions will be made with the approval of the on duty supervisor. Prisoners will be handcuffed at all times during unusual situations. 325.7.1 TRANSPORTING PRISONERS OF OPPOSITE GENDER Prisoners of the opposite gender should not be transported together. Under certain circumstances, the Watch Commander may authorize opposite gender prisoners to be transported together. Pismo Beach Police Department Pismo Beach PD Policy Manual Prisoner Transportation Copyright Lexipol, LLC 2020/07/16, All Rights Reserved. Published with permission by Pismo Beach Police Department Prisoner Transportation - 208 325.7.2 TRANSPORTING JUVENILE PRISONERS Juveniles shall not be transported with adults regardless of relationship. Juvenile prisoners may be transported together unless of opposite gender. Policy 326 Pismo Beach Police Department Pismo Beach PD Policy Manual Copyright Lexipol, LLC 2020/07/16, All Rights Reserved. Published with permission by Pismo Beach Police Department Adult Abuse - 209 Adult Abuse 326.1 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 Pismo Beach 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. 326.2 DEFINITIONS Definitions related to this policy include: Adult Abuse - Any offense or attempted offense involving violence or neglect of adults over the age of 65 or any offense or attempted offense involving a dependent adult victim committed by a caregiver. This also includes any other act that would mandate notification to a social service/ licensing agency or law enforcement related to the abuse of an adult (Welfare and Institutions Code § 15610.07; Welfare and Institutions Code § 15610.27; Welfare and Institutions Code § 15610.23). Dependent Adult - Any person residing in this state, 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 includes any person between 18 and 64 years of age who is admitted as an inpatient to a 24-hour health facility, as defined in state law (Health and Safety Code § 1250; Health and Safety Code § 1250.2; Health and Safety Code § 1250.3). 326.3 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): Pismo Beach Police Department Pismo Beach PD Policy Manual Adult Abuse Copyright Lexipol, LLC 2020/07/16, All Rights Reserved. Published with permission by Pismo Beach Police Department Adult Abuse - 210 (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. 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 Investigative 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). Pismo Beach Police Department Pismo Beach PD Policy Manual Adult Abuse Copyright Lexipol, LLC 2020/07/16, All Rights Reserved. Published with permission by Pismo Beach Police Department Adult Abuse - 211 326.3.1 RECORDS BUREAU 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. 326.4 OFFICER'S RESPONSE All incidents involving actual or suspected adult abuse shall be fully investigated and appropriately documented. 326.4.1 INITIAL RESPONSE Officers may be called upon to effect a forced entry as the first responder to the scene of suspected adult abuse. Entry should be immediate when it appears reasonably necessary to protect life or property. When the need for an emergency entry is not evident, officers should seek supervisory approval. Officers must be prepared to provide emergency care pending the arrival of medical personnel, if not already present. 326.4.2 STABILIZE THE SITUATION Officers must quickly assess the situation in an effort to ensure the immediate safety of all persons. Officers shall also consider taking the following actions: (a)Attempt to identify the victim, suspect and witnesses as well as the roles and relationships of all parties. Parties should be interviewed separately when possible. (b)Preserve the crime scene where evidence may be present. All persons should be removed from the scene until it has been photographed and processed. Any evidence that may change in appearance (e.g., injuries) should be photographed as soon as practicable. (c)Assess and define the nature of the problem. Officers should assess the available information to determine the type of abuse that may have taken place or the potential for abuse in the future that may be eliminated by intervention. (d)Make on-scene arrests when appropriate. Officers may arrest a person without a warrant when probable cause exists to believe that the person has committed an assault or battery, whether or not the assault or battery has in fact been committed, upon an adult to whom the suspect is related by blood or legal guardianship, provided the arrest is made at the time probable cause arises (Penal Code § 836). If an arrest is not otherwise required by law, officers should consider the consequences that the immediate arrest of a sole supporting family caretaker might have on the victim. The decision to Pismo Beach Police Department Pismo Beach PD Policy Manual Adult Abuse Copyright Lexipol, LLC 2020/07/16, All Rights Reserved. Published with permission by Pismo Beach Police Department Adult Abuse - 212 arrest should be based on the best interests and caretaking needs of the elderly or dependent adult victim. The present and future safety of the victim is of utmost importance. CALEA 42.2.1 326.4.3 SUPPORT PERSONNEL The following persons should be considered for notification if it appears an in-depth investigation is appropriate: •Patrol supervisor •Detective personnel •Evidence collection personnel •Protective Services Agency personnel •Ombudsman shall be called if the abuse is in a long-term care facility, to coordinate efforts to provide the most immediate and appropriate response (Welfare and Institutions Code § 15630(b)). 326.4.4 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)). 326.5 ADULT ABUSE REPORTING Every allegation of adult abuse shall be documented in a report. When documenting elder/ dependent abuse cases the following information should also be included in the report: •Current location of the victim •Victim's condition/nature and extent of injuries, neglect or loss •Names of agencies and personnel requested and on scene Reporting cases of adult abuse is confidential and will only be released in accordance with the Release of Records and Information Policy. Officers investigating adult abuse shall complete a State of California form SOC 341 (Report of Suspected Dependent Adult/Elder Abuse). Policy 328 Pismo Beach Police Department Pismo Beach PD Policy Manual Copyright Lexipol, LLC 2020/07/16, All Rights Reserved. Published with permission by Pismo Beach Police Department Discriminatory Harassment - 213 Discriminatory Harassment 328.1 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. 328.2 POLICY The Pismo Beach 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. 328.3 DEFINITIONS Definitions related to this policy include: 328.3.1 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. Pismo Beach Police Department Pismo Beach PD Policy Manual Discriminatory Harassment Copyright Lexipol, LLC 2020/07/16, All Rights Reserved. Published with permission by Pismo Beach Police Department Discriminatory Harassment - 214 328.3.2 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. (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. 328.3.3 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. 328.3.4 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. 328.4 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 Personnel Director or the City Manager. Pismo Beach Police Department Pismo Beach PD Policy Manual Discriminatory Harassment Copyright Lexipol, LLC 2020/07/16, All Rights Reserved. Published with permission by Pismo Beach Police Department Discriminatory Harassment - 215 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. 328.4.1 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. (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 Personnel Director in writing of the circumstances surrounding any reported allegations or observed acts of discrimination, harassment or retaliation no later than the next business day. 328.4.2 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. 328.4.3 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 Personnel Director, the City Manager, or the California Department of Fair Employment and Housing (DFEH) for further information, direction, or clarification (Government Code § 12950). Pismo Beach Police Department Pismo Beach PD Policy Manual Discriminatory Harassment Copyright Lexipol, LLC 2020/07/16, All Rights Reserved. Published with permission by Pismo Beach Police Department Discriminatory Harassment - 216 328.5 INVESTIGATION OF COMPLAINTS Various methods of resolution exist. During the pendency of any such investigation, the supervisor of the involved member should take prompt and reasonable steps to mitigate or eliminate any continuing abusive or hostile work environment. It is the policy of the Department that all complaints of discrimination, retaliation or harassment shall be fully documented and promptly and thoroughly investigated. 328.5.1 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. 328.5.2 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. 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, Personnel Director or the City Manager. 328.5.3 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. 328.6 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: Pismo Beach Police Department Pismo Beach PD Policy Manual Discriminatory Harassment Copyright Lexipol, LLC 2020/07/16, All Rights Reserved. Published with permission by Pismo Beach Police Department Discriminatory Harassment - 217 •Approved by the Chief of Police, the City Manager or the Personnel Director, depending on the ranks of the involved parties. •Maintained in accordance with the department's established records retention schedule. 328.6.1 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. 328.7 WORKING CONDITIONS The Administration Division 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). 328.8 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. 328.8.1 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). 328.8.2 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). 328.9 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). Policy 330 Pismo Beach Police Department Pismo Beach PD Policy Manual Copyright Lexipol, LLC 2020/07/16, All Rights Reserved. Published with permission by Pismo Beach Police Department Child Abuse - 218 Child Abuse 330.1 PURPOSE AND SCOPE The purpose of this policy is to provide guidelines for the investigation of suspected child abuse. This policy also addresses when Pismo Beach Police Department members are required to notify the county Child Protective Services (CPS) of suspected child abuse. 330.1.1 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). 330.2 POLICY The Pismo Beach Police Department will investigate all reported incidents of alleged criminal child abuse and ensure CPS is notified as required by law. 330.3 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). 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); Pismo Beach Police Department Pismo Beach PD Policy Manual Child Abuse Copyright Lexipol, LLC 2020/07/16, All Rights Reserved. Published with permission by Pismo Beach Police Department Child Abuse - 219 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. 330.3.1 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. CALEA 41.2.4 330.4 QUALIFIED INVESTIGATORS Qualified investigators should be available for child abuse investigations. These investigators should: (a)Conduct interviews in child appropriate interview facilities. (b)Be familiar with forensic interview techniques specific to child abuse investigations. (c)Present all cases of alleged child abuse to the prosecutor for review. (d)Coordinate with other enforcement agencies, social service agencies and school administrators as needed. (e)Provide referrals to therapy services, victim advocates, guardians and support for the child and family as appropriate. (f)Participate in or coordinate with multidisciplinary investigative teams as applicable (Welfare and Institutions Code § 18961.7). 330.5 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)The overall basis for the contact. This should be done by the investigating officer in all circumstances where a suspected child abuse victim was contacted. (b)The exigent circumstances that existed if officers interviewed the child victim without the presence of a parent or guardian. (c)Any relevant statements the child may have made and to whom he/she made the statements. Pismo Beach Police Department Pismo Beach PD Policy Manual Child Abuse Copyright Lexipol, LLC 2020/07/16, All Rights Reserved. Published with permission by Pismo Beach Police Department Child Abuse - 220 (d)If a child was taken into protective custody, the reasons, the name and title of the person making the decision, and why other alternatives were not appropriate. (e)Documentation of any visible injuries or any injuries identified by the child. This should include photographs of such injuries, if practicable. (f)Whether the child victim was transported for medical treatment or a medical examination. (g)Whether the victim identified a household member as the alleged perpetrator, and a list of the names of any other children who may reside in the residence. (h)Identification of any prior related reports or allegations of child abuse, including other jurisdictions, as reasonably known. (i)Previous addresses of the victim and suspect. (j)Other potential witnesses who have not yet been interviewed, such as relatives or others close to the victim’s environment. 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). 330.5.1 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). 330.6 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. 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. Pismo Beach Police Department Pismo Beach PD Policy Manual Child Abuse Copyright Lexipol, LLC 2020/07/16, All Rights Reserved. Published with permission by Pismo Beach Police Department Child Abuse - 221 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. 330.6.1 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. 330.6.2 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. Pismo Beach Police Department Pismo Beach PD Policy Manual Child Abuse Copyright Lexipol, LLC 2020/07/16, All Rights Reserved. Published with permission by Pismo Beach Police Department Child Abuse - 222 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. 330.7 INTERVIEWS 330.7.1 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. 330.7.2 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)Exigent circumstances exist, such as: 1.A reasonable belief that medical issues of the child need to be addressed immediately. 2.A reasonable belief that the child is or will be in danger of harm if the interview or physical exam is not immediately completed. 3.The alleged offender is the custodial parent or guardian and there is reason to believe the child may be in continued danger. (b)A court order or warrant has been issued. 330.7.3 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). 330.8 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 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 Pismo Beach Police Department Pismo Beach PD Policy Manual Child Abuse Copyright Lexipol, LLC 2020/07/16, All Rights Reserved. Published with permission by Pismo Beach Police Department Child Abuse - 223 medical examination, the notified supervisor should consider obtaining a court order for such an examination. 330.9 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. 330.9.1 SUPERVISOR RESPONSIBILITIES The Investigative 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 Investigative 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. 330.9.2 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 Investigative Bureau supervisor so an interagency response can begin. 330.10 STATE MANDATES AND OTHER RELEVANT LAWS California requires or permits the following: 330.10.1 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). 330.10.2 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 Pismo Beach Police Department Pismo Beach PD Policy Manual Child Abuse Copyright Lexipol, LLC 2020/07/16, All Rights Reserved. Published with permission by Pismo Beach Police Department Child Abuse - 224 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. 330.10.3 CACI HEARING OFFICER The Investigative 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. 330.10.4 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 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. 330.10.5 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). Pismo Beach Police Department Pismo Beach PD Policy Manual Child Abuse Copyright Lexipol, LLC 2020/07/16, All Rights Reserved. Published with permission by Pismo Beach Police Department Child Abuse - 225 330.11 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 332 Pismo Beach Police Department Pismo Beach PD Policy Manual Copyright Lexipol, LLC 2020/07/16, All Rights Reserved. Published with permission by Pismo Beach Police Department Missing Persons - 226 Missing Persons 332.1 PURPOSE AND SCOPE This policy provides guidance for handling missing person investigations. CALEA 41.2.5 a 332.1.1 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). CALEA 41.2.5 b,c,f CALEA 41.2.6 a 332.2 POLICY The Pismo Beach 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 Pismo Beach 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). CALEA 41.2.6 a, e 332.3 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 Pismo Beach Police Department Pismo Beach PD Policy Manual Missing Persons Copyright Lexipol, LLC 2020/07/16, All Rights Reserved. Published with permission by Pismo Beach Police Department Missing Persons - 227 •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) •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 332.4 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). CALEA 41.2.6 e 332.5 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). CALEA 41.2.6 b (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). CALEA 41.2.5 b (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. CALEA 41.2.5 c, f Pismo Beach Police Department Pismo Beach PD Policy Manual Missing Persons Copyright Lexipol, LLC 2020/07/16, All Rights Reserved. Published with permission by Pismo Beach Police Department Missing Persons - 228 (f)Complete the appropriate report forms accurately and completely and initiate a search as applicable under the facts. CALEA 41.2.6 b (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). 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. CALEA 41.2.5 a, b, c, f, CALEA 41.2.6 c, CALEA 41.2.6 e 332.6 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. CALEA 41.2.5 b, CALEA 41.2.6 e 332.6.1 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. CALEA 41.2.5 b, f, CALEA 41.2.6 e Pismo Beach Police Department Pismo Beach PD Policy Manual Missing Persons Copyright Lexipol, LLC 2020/07/16, All Rights Reserved. Published with permission by Pismo Beach Police Department Missing Persons - 229 332.6.2 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). (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 Investigative 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). CALEA 41.2.5b CALEA 41.2.6e 332.7 INVESTIGATIVE 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). Pismo Beach Police Department Pismo Beach PD Policy Manual Missing Persons Copyright Lexipol, LLC 2020/07/16, All Rights Reserved. Published with permission by Pismo Beach Police Department Missing Persons - 230 (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). (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). 332.8 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. CALEA 41.2.5 d The Support Services 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. CALEA 41.2.5 c (d)Immediately notify the Attorney General’s Office. CALEA 41.2.5 f (e)Notification shall be made to any other law enforcement agency that took the initial report or participated in the investigation within 24 hours. 332.8.1 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. CALEA 41.2.5 f 332.9 CASE CLOSURE The Investigative Bureau supervisor may authorize the closure of a missing person case after considering the following: Pismo Beach Police Department Pismo Beach PD Policy Manual Missing Persons Copyright Lexipol, LLC 2020/07/16, All Rights Reserved. Published with permission by Pismo Beach Police Department Missing Persons - 231 (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 Pismo Beach 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. (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. 332.10 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. Pismo Beach Police Department Pismo Beach PD Policy Manual Missing Persons Copyright Lexipol, LLC 2020/07/16, All Rights Reserved. Published with permission by Pismo Beach Police Department Missing Persons - 232 (m)Internet and technology issues (e.g., Internet use, cell phone use). (n)Media relations. Policy 334 Pismo Beach Police Department Pismo Beach PD Policy Manual Copyright Lexipol, LLC 2020/07/16, All Rights Reserved. Published with permission by Pismo Beach Police Department Public Alerts - 233 Public Alerts 334.1 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. 334.2 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. 334.3 RESPONSIBILITIES 334.3.1 EMPLOYEE RESPONSIBILITIES Employees of the Pismo Beach Police Department should notify their supervisor, Watch Commander or Investigative 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. 334.3.2 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 Division 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 Division Commander 334.4 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. 334.4.1 CRITERIA FOR AMBER ALERT The following conditions must be met before activating an AMBER Alert (Government Code § 8594(a)): Pismo Beach Police Department Pismo Beach PD Policy Manual Public Alerts Copyright Lexipol, LLC 2020/07/16, All Rights Reserved. Published with permission by Pismo Beach Police Department Public Alerts - 234 (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. 334.4.2 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: 1.The local FBI office 2.National Center for Missing and Exploited Children (NCMEC) 334.5 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. Pismo Beach Police Department Pismo Beach PD Policy Manual Public Alerts Copyright Lexipol, LLC 2020/07/16, All Rights Reserved. Published with permission by Pismo Beach Police Department Public Alerts - 235 334.5.1 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. 334.5.2 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. (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 334.6 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). Pismo Beach Police Department Pismo Beach PD Policy Manual Public Alerts Copyright Lexipol, LLC 2020/07/16, All Rights Reserved. Published with permission by Pismo Beach Police Department Public Alerts - 236 334.6.1 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. 334.6.2 PROCEDURE FOR SILVER ALERT Requests for a Silver Alert shall be made through the California Highway Patrol (Government Code § 8594.10). 334.7 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 Investigative Bureau Supervisor elects to use the services of the Sheriff’s Department, the following will apply: (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 Pismo Beach 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. Pismo Beach Police Department Pismo Beach PD Policy Manual Public Alerts Copyright Lexipol, LLC 2020/07/16, All Rights Reserved. Published with permission by Pismo Beach Police Department Public Alerts - 237 Policy 336 Pismo Beach Police Department Pismo Beach PD Policy Manual Copyright Lexipol, LLC 2020/07/16, All Rights Reserved. Published with permission by Pismo Beach Police Department Victim and Witness Assistance - 238 Victim and Witness Assistance 336.1 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. 336.2 POLICY The Pismo Beach Police Department is committed to providing guidance and assistance to the victims and witnesses of crime. The members of the Pismo Beach 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.CALEA 55.1.1CALEA 55.1.3a 336.3 CRIME VICTIM LIAISON The Chief of Police shall appoint a member of the department to serve as the crime victim liaison (2 CCR 649.36). The crime victim liaison will be the point of contact for individuals requiring further assistance or information from the District Attorney's Office regarding benefits from crime victim resources. This person shall also be responsible for maintaining compliance with all legal mandates related to crime victims and/or witnesses. 336.3.1 CRIME VICTIM LIAISON DUTIES The crime victim liaison is specifically tasked with the following: (a)Developing and implementing written procedures for notifying and providing forms for filing with the California Victim Compensation Board (CalVCB) to crime victims, their dependents, or family. Access to information or an application for victim compensation shall not be denied based on the victim’s or derivative victim’s designation as a gang member, associate, or affiliate, or on the person’s documentation or immigration status (Government Code § 13962; 2 CCR 649.35; 2 CCR 649.36). (b)Responding to inquiries concerning the procedures for filing a claim with CalVCB (2 CCR 649.36). (c)Providing copies of crime reports requested by CalVCB or victim witness assistance centers. Disclosure of reports must comply with the Records Maintenance and Release Policy (d)Developing in consultation with sexual assault experts a sexual assault victim card explaining the rights of victims under California law (Penal Code § 680.2). 1.Ensuring that sufficient copies of the rights of sexual assault victim card are provided to each provider of medical evidentiary examinations or physical examinations arising out of sexual assault in the Pismo Beach Police Department jurisdiction (Penal Code § 680.2). Pismo Beach Police Department Pismo Beach PD Policy Manual Victim and Witness Assistance Copyright Lexipol, LLC 2020/07/16, All Rights Reserved. Published with permission by Pismo Beach Police Department Victim and Witness Assistance - 239 336.4 CRIME VICTIMS Officers should provide all victims with the case number and all applicable victim information handouts.CALEA 55.2.3 c The victim/witness services administered by the San Luis Obispo County Victim/Witness Assistance Program provides crisis intervention and makes referrals to social service agencies, as necessary. The telephone number for the San Luis Obispo County Victim/Witness Assistance Program can be provided by Police and dispatch 24 hours a day for victim witness referral information. This number is also printed on the Victim/Witness Assistance Card that is provided to all victims and witnesses who qualify for assistance.CALEA 55.1.1CALEA 55.1.3 dCALEA 55.2.1 a, bCALEA 55.2.3 a, b, dCALEA 81.2.7 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.CALEA 55.1.3 aCALEA 55.2.2CALEA 55.2.5 336.4.1 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). 336.5 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 standardized 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)). (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. Pismo Beach Police Department Pismo Beach PD Policy Manual Victim and Witness Assistance Copyright Lexipol, LLC 2020/07/16, All Rights Reserved. Published with permission by Pismo Beach Police Department Victim and Witness Assistance - 240 (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). 336.6 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.CALEA 55.2.3 a 336.7 AGENCY'S ROLE IN THE VICTIM/WITNESS PROGRAM (a) Implementation and delivery of victim/witness assistance services (b) Ensuring the confidentiality of victims and witnesses as set forth in Policy Manual § 807 and to the extent consistent with applicable law. CALEA 55.1.3 b (c) Informing the victim(s) and/or witness(s) about what to do if the suspect or the suspects companions or family threatens or otherwise intimidates him or her. CALEA 55.2.3 a, b (d) Informing the public and media about the program (e) Participating with other agencies and organizations related to victim/witness services CALEA 55.1.3 a, c, k Policy 338 Pismo Beach Police Department Pismo Beach PD Policy Manual Copyright Lexipol, LLC 2020/07/16, All Rights Reserved. Published with permission by Pismo Beach Police Department Hate Crimes - 241 Hate Crimes 338.1 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. 338.1.1 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). Pismo Beach Police Department Pismo Beach PD Policy Manual Hate Crimes Copyright Lexipol, LLC 2020/07/16, All Rights Reserved. Published with permission by Pismo Beach Police Department Hate Crimes - 242 338.2 POLICY The Pismo Beach 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. 338.3 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. 338.4 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)Assigned officers should promptly 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 suspects at the scene), the assigned officers should take all reasonable steps to preserve evidence that establishes a possible hate crime. (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 officers should 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 federal authorities exclusively for any actual or suspected immigration violation (Penal Code § 422.93(b)) Pismo Beach Police Department Pismo Beach PD Policy Manual Hate Crimes Copyright Lexipol, LLC 2020/07/16, All Rights Reserved. Published with permission by Pismo Beach Police Department Hate Crimes - 243 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 officers or supervisor may request additional assistance from detectives or other resources. (g)The assigned officers should include all available evidence indicating the likelihood of a hate crime in the relevant reports. All related reports should be clearly marked as “Hate Crimes” and, absent prior approval of a supervisor, should be completed and submitted by the assigned officers before the end of the shift. (h)The assigned officers will provide the victims 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 officers should also make reasonable efforts to assist the victims by providing available information on local assistance programs and organizations. (i)The assigned officers and supervisor should take reasonable steps to ensure that any such situation does not escalate further and should provide information 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). 338.4.1 INVESTIGATIVE BUREAU RESPONSIBILITY If a hate crime case is assigned to the Investigative 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. 338.4.2 SUPERVISOR RESPONSIBILITY The supervisor should confer with the initial responding officers to identify reasonable and appropriate preliminary actions. The supervisor should: (a)Review related reports to verify whether the incident is appropriately classified as a hate crime for federal and state bias crime-reporting purposes. Pismo Beach Police Department Pismo Beach PD Policy Manual Hate Crimes Copyright Lexipol, LLC 2020/07/16, All Rights Reserved. Published with permission by Pismo Beach Police Department Hate Crimes - 244 (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). 338.5 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 340 Pismo Beach Police Department Pismo Beach PD Policy Manual Copyright Lexipol, LLC 2020/07/16, All Rights Reserved. Published with permission by Pismo Beach Police Department Standards of Conduct - 245 Standards of Conduct 340.1 PURPOSE AND SCOPE This policy establishes standards of conduct that are consistent with the values and mission of the Pismo Beach 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. CALEA 1.2.9 c CALEA 26.1.4 340.2 POLICY The continued employment or appointment of every member of the Pismo Beach 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. CALEA 1.2.9 c 340.2.1 EMPLOYEE COUNSELING AND PROGRESSIVE DISCIPLINE (a)Counseling: Counseling to improve employee performance, by itself, is not a form of discipline and can be formal or informal. Informally providing employees with daily feedback about positive and negative work performance is desirable. It is not necessary, on a daily basis, for a supervisor to document his/her informal coaching of subordinate employees. However, supervisors must document formal counseling on the Department's Supervisory Evaluation File Entry form. This form may also be used to document an employee's positive work performance. Formal counseling has two purposes: To give the supervisor an opportunity to explain his/her dissatisfaction with the employee's performance or conduct. To give the employee an opportunity to present his version of the facts and offer information in mitigation of the conduct. CALEA 26.1.4b (b)Remedial Training: Personnel of the Pismo beach Police Department participate in training programs designed to fit specific job requirements and individual needs. As part of the Police Department's in-service training program, supervisors may assign personnel to training schools to correct a particular problem, as part of an Employee Performance Improvement Plan per § 1002 (Performance Improvement Plan) of the Policy Manual. CALEA 26.1.4a (c)Progressive Discipline: Progressive discipline is a conservative approach to the disciplinary process. The intent is to give adequate notice to any employee whose actions are improper and/or inadequate so that they may improve their performance to acceptable standards. Progressive discipline, depending upon the severity of the Pismo Beach Police Department Pismo Beach PD Policy Manual Standards of Conduct Copyright Lexipol, LLC 2020/07/16, All Rights Reserved. Published with permission by Pismo Beach Police Department Standards of Conduct - 246 violation of the rule, regulation, policy, procedure or directive, may start at higher levels including demotion or dismissal. CALEA 26.1.4c 1.Documented Counseling: The issuance of a Supervisory Evaluation File Entry is the first step in the discipline process. Supervisors generally issue this type of disciplinary action for minor infractions of policies and procedures. Any department supervisor may issue the Supervisory Evaluation File Entry. The issuing supervisor personally gives a copy of the form to the involved employee and informs the employee that a copy will be placed in his/her supervisory file. The Supervisory Evaluation File Entry form will be purged after one year by the immediate supervisor provided that there have been no further incidents of the similar nature. 2.Written Reprimand: A Written Reprimand (Letter of Reprimand) is the formal documentation of an employee's violation of a law, departmental or City policy, procedure, rule or regulation. The misconduct is generally more serious than that leading to documented oral counseling or is part of a continuing pattern of behavior involving repeated minor misconduct or mistakes. A written reprimand shall contain the allegations of misconduct, including policies, procedures and rules violated, the corrective action taken and a statement that a reoccurrence of the incident may result in additional progressive discipline. A written reprimand will normally be written by a department supervisor or Division Commander at the direction of the Chief of Police. (a)Written reprimands will be filed in the employee's personnel file. CALEA 26.1.6 (b)Any employee wishing to formally appeal a written reprimand must submit a written request to his/her Division Commander within ten (10) days of receipt of the written reprimand. The Division Commander will then assign the appeal to an uninvolved supervisor of at least one rank above the rank of the supervisor issuing the original written reprimand. Absent a written stipulation to the contrary, the employee will be provided with an evidentiary hearing before the assigned, uninvolved supervisor within thirty (30) days. The decision of the assigned, uninvolved supervisor to sustain, modify or dismiss the written reprimand shall be considered final. 3.Administrative Leave: An employee may be placed on administrative leave with pay, or temporarily reassigned without loss of pay, pending investigation regarding the facts giving rise to the potential need for discipline, only at the direction of the Chief of Police. 4.Suspension: The Chief of Police may suspend an employee from his or her position for just cause. Documents related to a suspension shall become part of the employee's permanent record. An employee subject to suspension will Pismo Beach Police Department Pismo Beach PD Policy Manual Standards of Conduct Copyright Lexipol, LLC 2020/07/16, All Rights Reserved. Published with permission by Pismo Beach Police Department Standards of Conduct - 247 receive prior written notice and appeal as provided in the City's Personnel Rules and Regulations. 5.Demotion or Dismissal: The Chief of Police or his designee handles any disciplinary process that involves demotion, or dismissal according to § 1019 (Personnel Complaint Procedure) of the Policy Manual and the City's Personnel Rules and Regulations. Employees have a right to a pre-disciplinary hearing before the Chief issues any decision. 340.3 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. 340.3.1 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. The person countermanding the original order shall notify, in writing, the person issuing the original order, indicating the action taken and the reason. 340.3.2 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. Pismo Beach Police Department Pismo Beach PD Policy Manual Standards of Conduct Copyright Lexipol, LLC 2020/07/16, All Rights Reserved. Published with permission by Pismo Beach Police Department Standards of Conduct - 248 (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. 340.4 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. 340.5 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: CALEA 26.1.1 340.5.1 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. CALEA 12.1.3 (b)Disobedience of any legal directive or order issued by any department member of a higher rank. CALEA 12.1.3 (c)Violation of federal, state, local or administrative laws, rules or regulations. CALEA 26.1.1 340.5.2 ETHICS (a)Using or disclosing one’s status as a member of the Pismo Beach 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. Pismo Beach Police Department Pismo Beach PD Policy Manual Standards of Conduct Copyright Lexipol, LLC 2020/07/16, All Rights Reserved. Published with permission by Pismo Beach Police Department Standards of Conduct - 249 (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. CALEA 26.1.1 340.5.3 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. CALEA 1.2.9 c CALEA 26.1.1 340.5.4 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. CALEA 26.1.1 340.5.5 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. CALEA 26.1.1 Pismo Beach Police Department Pismo Beach PD Policy Manual Standards of Conduct Copyright Lexipol, LLC 2020/07/16, All Rights Reserved. Published with permission by Pismo Beach Police Department Standards of Conduct - 250 340.5.6 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 Pismo Beach 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. 340.5.7 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. CALEA 26.1.1 340.5.8 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. Pismo Beach Police Department Pismo Beach PD Policy Manual Standards of Conduct Copyright Lexipol, LLC 2020/07/16, All Rights Reserved. Published with permission by Pismo Beach Police Department Standards of Conduct - 251 (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. CALEA 26.1.1 (i)Any act on- or off-duty that brings discredit to this department. 340.5.9 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 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. Pismo Beach Police Department Pismo Beach PD Policy Manual Standards of Conduct Copyright Lexipol, LLC 2020/07/16, All Rights Reserved. Published with permission by Pismo Beach Police Department Standards of Conduct - 252 (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. 340.5.10 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. (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. CALEA 26.1.1 Policy 342 Pismo Beach Police Department Pismo Beach PD Policy Manual Copyright Lexipol, LLC 2020/07/16, All Rights Reserved. Published with permission by Pismo Beach Police Department Information Technology Use - 253 Information Technology Use 342.1 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. 342.2 POLICY It is the policy of the Pismo Beach 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. 342.3 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 departmentcomputer 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. The Department shall not require a member to disclose a personal username or password for accessing personal social media or to open a personal social website; however, the Department may request access when it is reasonably believed to be relevant to the investigation of allegations of work-related misconduct (Labor Code § 980). 342.4 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. 342.4.1 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. Pismo Beach Police Department Pismo Beach PD Policy Manual Information Technology Use Copyright Lexipol, LLC 2020/07/16, All Rights Reserved. Published with permission by Pismo Beach Police Department Information Technology Use - 254 To reduce the risk of a computer virus or malicious software, members shall not install any unlicensed or unauthorized software on any departmentcomputer. 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. 342.4.2 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. CALEA 26.1.1 342.4.3 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. CALEA 26.1.1 342.4.4 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. Pismo Beach Police Department Pismo Beach PD Policy Manual Information Technology Use Copyright Lexipol, LLC 2020/07/16, All Rights Reserved. Published with permission by Pismo Beach Police Department Information Technology Use - 255 Refer to the Personal Communication Devices Policy for guidelines regarding off-duty use of personally owned technology. 342.5 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. CALEA 11.4.4 CALEA 26.1.1 CALEA 41.3.7 CALEA 81.3.1 b 342.6 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 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 344 Pismo Beach Police Department Pismo Beach PD Policy Manual Copyright Lexipol, LLC 2020/07/16, All Rights Reserved. Published with permission by Pismo Beach Police Department Report Preparation - 256 Report Preparation 344.1 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. 344.1.1 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. CALEA 1.2.5 a CALEA 82.2.1 c, d 344.2 REQUIRED REPORTING Written reports are required in all of the following situations on the appropriate department approved form unless otherwise approved by a supervisor. 344.2.1 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: CALEA 82.2.2 a (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 Pismo Beach Police Department Pismo Beach PD Policy Manual Report Preparation Copyright Lexipol, LLC 2020/07/16, All Rights Reserved. Published with permission by Pismo Beach Police Department Report Preparation - 257 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). CALEA 82.2.1 a CALEA 82.2.2 d, e 344.2.2 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 344.2.3 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. Pismo Beach Police Department Pismo Beach PD Policy Manual Report Preparation Copyright Lexipol, LLC 2020/07/16, All Rights Reserved. Published with permission by Pismo Beach Police Department Report Preparation - 258 (b)Suicides. (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. CALEA 82.2.1 a 344.2.4 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.CALEA 82.2.1 a All reports taken involving situations that may be a question of agency liability will be forwarded to the the Risk Manager for review. CALEA C2.2.4 An annual documented analysis of these reports will be conducted to reveal patterns or trends that could indicate training needs, equipment upgrades and/or policy modifications. CALEA C2.2.5 344.2.5 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 any public property or private property subjecting the City to any potential liability such as "trip & falls". Such injuries shall be thoroughly investigated and include necessary photographs. All such reports will be routed to the Division Commander for final approval before the report is processed in Records. 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. CALEA 82.2.1 a 344.2.6 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 as required by CDPH (Penal Code § 23685). Pismo Beach Police Department Pismo Beach PD Policy Manual Report Preparation Copyright Lexipol, LLC 2020/07/16, All Rights Reserved. Published with permission by Pismo Beach Police Department Report Preparation - 259 344.2.7 TELEPHONE REPORT TAKING The Department does take reports over the telephone. If a call taker receives a telephone call from a person requesting to report an offense or incident, which does not meet the criteria for immediate dispatch a CAD event record will be entered assigning a beat officer to handle the call. The beat officer available will be notified of the call and may contact the reporting party in person or by phone to take the report. If the beat officer is unavailable and the call is nearing the hold time, the dispatcher or field supervisor should be notified for direction on reassignment of the call. The narrative of the call should be updated to reflect any direction given. In an attempt to free the patrol officers from miscellaneous reports, the CSO officer will handle the following incidents when on duty and available. (a)Field Evidence Technician (b)Found Property (c)Finger Printing (d)General Information CALEA 82.2.5 344.2.8 VERBAL IDENTIFICATION The reporting officer will verbally identify themself to the caller and provide their personnel identification number if requested. CALEA 22.2.7c 344.3 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 is not acceptable. Reports shall be processed according to established priorities or according to special priority necessary under exceptional circumstances. All in custody and related reports shall be completed and approved prior to the officer going home at the end of watch. All non-custody reports shall be completed and approved within 48 hours from the end of watch on which the report was taken. Under unusual circumstances, the Watch Commander may allow the officer to return and complete the report after getting necessary sleep. CALEA 82.2.1 d 344.3.1 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. Supervisors may require, with the foregoing general policy in mind, block printing or typing of reports of any nature for departmental consistency. CALEA 82.2.1 d Pismo Beach Police Department Pismo Beach PD Policy Manual Report Preparation Copyright Lexipol, LLC 2020/07/16, All Rights Reserved. Published with permission by Pismo Beach Police Department Report Preparation - 260 344.3.2 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. CALEA 82.2.1 d 344.4 SUPERVISOR RESPONSIBILITIES (a)Check the "report complete" bin for reports that are to be reviewed. (b)Ensure reports are reviewed during the course of the shift and that any overflow to the next shift be kept to a minimum. (c)Monitor activity and review reports prior to the end of shift that have a potential for development or are of a sensitive nature. (d)Review reports for legal and technical issues, clarity and readability, investigative techniques used, forms and classifications used, grammar, spelling and neatness. (e)Upon approval, initial in the appropriate supervisor's section on the routing sheet. (f)If a correction is necessary, the reviewing supervisor should complete the "Report Correction" form stating the reasons for rejection or utilize the department's CAD/RMS system on-line approval process. 1.The original report and the correction form are 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. (g)Submit approved reports to the Records in tray. (h)Forward relevant performance information to the report writing member's supervisor, and/or document the performance for evaluation purposes. CALEA 82.2.1 e 344.5 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. CALEA 82.2.1 344.6 ELECTRONIC SIGNATURES The Pismo Beach Police Department has established an electronic signature procedure for use by all employees of the Pismo Beach Police Department. The Operations Commander shall be responsible for maintaining the electronic signature system and ensuring that each employee creates a unique, confidential password for his/her electronic signature. •Employees may only use their electronic signature for official reports or other official communications. Pismo Beach Police Department Pismo Beach PD Policy Manual Report Preparation Copyright Lexipol, LLC 2020/07/16, All Rights Reserved. Published with permission by Pismo Beach Police Department Report Preparation - 261 •Each employee shall be responsible for the security and use of his/her electronic signature and shall promptly notify a supervisor if the electronic signature has or may have been compromised or misused. Policy 346 Pismo Beach Police Department Pismo Beach PD Policy Manual Copyright Lexipol, LLC 2020/07/16, All Rights Reserved. Published with permission by Pismo Beach Police Department Media Relations - 262 Media Relations 346.1 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. The Pismo Beach Police Department recognizes its obligation and responsibility to disseminate to the public timely and accurate information concerning crime and public safety in the community. It is the policy of the Pismo Beach Police Department that bona fide members of the media shall be provided access to such information through news conferences, news releases, news logs, release of police reports (where permitted by law), and interviews. Additionally, members of the department shall strive to ensure that bona fide members of the media are not hindered in legitimate newsgathering efforts when ever possible. CALEA 54.1.1 a, c CALEA 41.2.4 346.2 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, Division Commanders, Watch Commanders and designated Public Information Officer(s) may prepare and release information to the media in accordance with this policy and the applicable law. CALEA 54.1.1 b, d 346.2.1 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; CALEA 54.1.1 f (c)Under no circumstance should any member of this department make any comment(s) to the media regarding any law enforcement incident not involving this department without prior approval of the Chief of Police. 346.3 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)): CALEA 54.1.3 Pismo Beach Police Department Pismo Beach PD Policy Manual Media Relations Copyright Lexipol, LLC 2020/07/16, All Rights Reserved. Published with permission by Pismo Beach Police Department Media Relations - 263 (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). CALEA 54.1.3 (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. CALEA 54.1.1 346.4 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 Pismo Beach Police Department Pismo Beach PD Policy Manual Media Relations Copyright Lexipol, LLC 2020/07/16, All Rights Reserved. Published with permission by Pismo Beach Police Department Media Relations - 264 (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). Information concerning incidents involving certain sex crimes and other offenses set forth in Government Code § 6254(f) shall be restricted in accordance with applicable statutory provisions. 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.). CALEA 54.1.1 d, e 346.4.1 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. Examples of such restricted information include, but are not limited to: (a)Confidential peace officer personnel information (See the Personnel Files Policy) 1.The identities of officers involved in shootings or other major incidents may only be released to the media pursuant to consent of the involved officer or upon a formal request filed and processed in accordance with the Public Records Act. (b)Copies of traffic collision reports (except to the involved parties and their authorized representatives) (Vehicle Code § 20012) (c)Criminal history information (d)Information that would tend to endanger the safety of any individual or jeopardize the successful completion of any ongoing investigation Pismo Beach Police Department Pismo Beach PD Policy Manual Media Relations Copyright Lexipol, LLC 2020/07/16, All Rights Reserved. Published with permission by Pismo Beach Police Department Media Relations - 265 (e)Information pertaining to pending litigation involving this department (f)Information obtained in confidence (g)Any information that is otherwise privileged or restricted under state or federal law. (Government Code § 6254(k)). CALEA 54.1.1 e CALEA 82.1.1 Policy 348 Pismo Beach Police Department Pismo Beach PD Policy Manual Copyright Lexipol, LLC 2020/07/16, All Rights Reserved. Published with permission by Pismo Beach Police Department Subpoenas and Court Appearances - 266 Subpoenas and Court Appearances 348.1 PURPOSE AND SCOPE This policy establishes the guidelines for department members who must appear in court. It will allow the Pismo Beach Police Department to cover any related work absences and keep the Department informed about relevant legal matters. 348.2 POLICY Pismo Beach Police Department members will respond appropriately to all subpoenas and any other court-ordered appearances. 348.3 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 departmental 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)). 348.3.1 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. Pismo Beach Police Department Pismo Beach PD Policy Manual Subpoenas and Court Appearances Copyright Lexipol, LLC 2020/07/16, All Rights Reserved. Published with permission by Pismo Beach Police Department Subpoenas and Court Appearances - 267 (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 Pismo Beach Police Department. (e)Any personnel or disciplinary matter when called to testify or to provide information by a government entity other than the Pismo Beach 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. 348.3.2 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. 348.3.3 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. 348.4 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. 348.5 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. 348.6 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. Pismo Beach Police Department Pismo Beach PD Policy Manual Subpoenas and Court Appearances Copyright Lexipol, LLC 2020/07/16, All Rights Reserved. Published with permission by Pismo Beach Police Department Subpoenas and Court Appearances - 268 (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. 348.6.1 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. Policy 350 Pismo Beach Police Department Pismo Beach PD Policy Manual Copyright Lexipol, LLC 2020/07/16, All Rights Reserved. Published with permission by Pismo Beach Police Department Reserve Officers - 269 Reserve Officers 350.1 PURPOSE AND SCOPE The Pismo Beach Police Reserve Unit was established to supplement and assist regular sworn police officers in their duties. This Unit provides professional, sworn volunteer Reserve Officers who can augment regular police staffing levels. The reserve unit is coordinated by and assigned to the Operations Division. CALEA 1.2.1 CALEA 16.3.1 350.2 SELECTION AND APPOINTMENT OF POLICE RESERVE OFFICERS The Pismo Beach Police Department shall endeavor to recruit and appoint to the Reserve Unit only those applicants who meet the high ethical, moral and professional standards set forth by this department. 350.2.1 PROCEDURE All applicants shall be required to meet and pass the same pre-employment procedures as regular police officers before appointment. Before appointment to the Police Reserve Unit, an applicant must have completed, or be in the process of completing, a POST approved basic academy or extended basic academy. CALEA 16.3.2, CALEA 16.3.3 CALEA 33.2.3 350.2.2 APPOINTMENT Applicants who are selected for appointment to the Police Reserve Unit shall, on the recommendation of the Chief of Police, be sworn in by the Police Chief and take a loyalty oath to observe and obey all of the laws of the land, and to carry out their duties to the best of their ability. All reserve officers will be evaluated according to Section 1002 of this policy manual. CALEA 1.1.2 350.2.3 COMPENSATION FOR POLICE RESERVE OFFICERS All Reserve Officer appointees are issued a uniform allowance as specified by the city and required safety equipment. All property issued to the Reserve Officer shall be returned to the Department upon termination or resignation. Paid Reserves are paid on an hourly basis in accordance with the current MOU. The Department may also establish non-paid Level II volunteer Reserve positions. CALEA 16.3.4 CALEA 22.2.5 350.3 DUTIES OF RESERVE OFFICERS Reserve Officers assist regular officers in the enforcement of laws and in maintaining peace and order within the community. Assignments of Reserve Officers will usually be to augment the Operations Division. Reserve Officers may be assigned to other areas within the Department, as needed. Reserve Officers are required to work an average of 16 hours per month. Reserve officers have peace officer powers only while on duty. CALEA 1.2.1 CALEA 16.3.1 Pismo Beach Police Department Pismo Beach PD Policy Manual Reserve Officers Copyright Lexipol, LLC 2020/07/16, All Rights Reserved. Published with permission by Pismo Beach Police Department Reserve Officers - 270 350.3.1 POLICY COMPLIANCE Police Reserve Officers shall be required to adhere to all departmental policies and procedures. A copy of the policies and procedures will be made available to each Reserve Officer upon appointment and he or she shall become thoroughly familiar with these policies. Whenever a rule, regulation, or guideline in the Pismo Beach Policy manual refers to a sworn regular police officer, it shall also apply to a sworn Reserve Officer unless, by its nature, it is inapplicable. CALEA 16.3.1 CALEA 16.3.5 CALEA 16.3.6 350.3.2 RESERVE OFFICER ASSIGNMENTS All Police Reserve Officers will be assigned to duties by the Watch Commander or his or her designee. CALEA 16.3.1 350.4 LEVELS OF RESERVE OFFICERS Penal Code § 832.6 requires Level II reserve officers, who have not been released from the immediate supervision requirement per the Completion of the Formal Training Process subsection, to work under the immediate supervision of a peace officer who possesses a Basic POST Certificate. CALEA 35.1.3 350.4.1 RESERVE OFFICER TRAINEE A Reserve Officer Trainee is a newly appointed reserve officer that has not yet completed the Field Training Program, or received a recommendation from the Reserve Program Supervisor, and approval from the Chief of Police. A Reserve Officer Trainee must have completed a POST approved academy. CALEA 16.3.1 350.4.2 RESERVE OFFICER LEVEL I PROBATIONARY A Level I Reserve Officer Probationary is so designated upon the completion of all of the following requirements: (a)Graduation from a POST approved Reserve Academy, which includes all required modules; (b)Completion of the Field Training Officer Program in the Reserve Training Program; (c)Written recommendation for Level I status by the primary training officer and Reserve Program Supervisor; (d)An evaluation ride with the Reserve Program Supervisor or his/her representative. (e)Former Level I Reserve Officers from other agencies (lateral entry) are usually designated Level I upon completion of the Pismo Beach Police Department's Field Training Officer Program. CALEA 16.3.1 350.4.3 RESERVE OFFICER LEVEL I A Reserve Officer Level I is so designated upon the completion of the following requirements: Pismo Beach Police Department Pismo Beach PD Policy Manual Reserve Officers Copyright Lexipol, LLC 2020/07/16, All Rights Reserved. Published with permission by Pismo Beach Police Department Reserve Officers - 271 (a)Completion of a 12 month period employed as a Reserve Officer for the City of Pismo Beach; (b)Completion of the requirements for a Reserve Officer Trainee and Reserve Officer Level I Probationary; (c)Upon recommendation of the Reserve Coordinator and approval by the Chief of Police. CALEA 16.3.1 CALEA 32.2.4 350.4.4 RESERVE OFFICER LEVLE II PROBATIONARY A Reserve Officer Level II Probationary is so designated upon the completion of the following requirements: (a)Completion of a POST approved Reserve Academy or have completed Module B of a three part Reserve Academy. (b)Completion of the Field Training Officer Program for the Level II reserve. (c)An evaluation ride with the Reserve Coordinator or his/her representative. CALEA 16.3.1 350.4.5 RESERVE OFFICER II A Reserve Officer Level II is so designated upon the completion of the following requirements: (a)Completion of a 12 month period employed as a Reserve Officer for the City of Pismo Beach. (b)Completion of the requirements for a Reserve Officer Trainee and Reserve Officer Level II Probationary. (c)Upon recommendation of the Reserve Program Supervisor and approval of the Chief of Police. CALEA 16.3.1 350.5 FIELD TRAINING Reserve officers who have attained the status of Level II shall be under the immediate supervision of a regular sworn officer (Penal Code 832.6). The immediate supervision requirement shall also continue for reserve officers who have attained Level I status unless special authorization is received from the Reserve Coordinator with the approval of the Division Commander. All Reserve Officer Trainees will be required to complete the POST approved FTO Program established for Pismo Beach Police Officers. Due to the nature of the Reserve officer position being part time, it is understood that the FTO training may take an extended period of time to complete. Pismo Beach Police Department Pismo Beach PD Policy Manual Reserve Officers Copyright Lexipol, LLC 2020/07/16, All Rights Reserved. Published with permission by Pismo Beach Police Department Reserve Officers - 272 350.5.1 TRAINING OFFICERS Existing Field Training Officers (FTO's) should be utilized to train new Reserve Officers. 350.5.2 FIELD TRAINING MANUAL Each new Reserve 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 a Police Officer with the Pismo Beach Police Department. The Reserve 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. 350.5.3 IN SERVICE TRAINING Reserve officers are required to attend all mandatory training and meet all qualifying standards set for Pismo Beach Police Officers. CALEA 16.3.4 CALEA 16.3.5, CALEA 16.3.6 CALEA 22.2.7 350.6 SUPERVISION OF RESERVE OFFICERS Reserve officers who have attained the status of Level II shall be under the immediate supervision of a regular sworn officer (Penal Code § 832.6(a) (2)). The immediate supervision requirement shall also continue for reserve officers who have attained Level I status unless special authorization is received from the Reserve Coordinator with the approval of the Division Commander. CALEA 1.2.2 CALEA 16.3.1 350.6.1 SPECIAL AUTHORIZATION REQUIREMENT Reserve Officers certified as Level I may, with prior authorization of the Watch Commander and on approval of the Division Commander, be relieved of the "immediate supervision" requirement. Level I Reserve Officers may function under the authority of Penal Code § 832.6(a) (1) only for the duration of the assignment or purpose for which the authorization was granted. In the absence of the Watch Commander and the Division Commander, the Watch Commander may assign a certified Level I Reserve Officer to function under the authority of Penal Code § 832.6(a) (1) for specific purposes and duration. 350.6.2 RESERVE OFFICER MEETINGS All Reserve Officer meetings will be scheduled and conducted by the designated Watch Commander. All Reserve Officers are required to attend scheduled meetings. Any absences must be satisfactorily explained to the Watch Commander. CALEA 1.3.9 350.6.3 IDENTIFICATION OF RESERVE OFFICERS All Pismo Beach Police Reserve Officers will be issued a uniform badge and a Police Department identification card. The uniform badge shall be the same as that worn by a regular Pismo Beach Officer. The identification card will be the standard Police Officer identification card with the exception that "Reserve" will be indicated on the card. CALEA 16.3.5 Pismo Beach Police Department Pismo Beach PD Policy Manual Reserve Officers Copyright Lexipol, LLC 2020/07/16, All Rights Reserved. Published with permission by Pismo Beach Police Department Reserve Officers - 273 350.6.4 UNIFORM AND EQUIPMENT All Police Reserve Officers shall conform to the Department's uniform regulations as per this Policy manual. Reserve Officers are allowed the full use of Departmental equipment and issued all required safety equipment to the same extent as a full-time officer. CALEA 16.3.4 350.6.5 INVESTIGATIONS AND COMPLAINTS If a Reserve Officer has a complaint made against him/her or becomes involved in an internal investigation, that complaint or internal investigation may be investigated by the Watch Commander, at the discretion of the Operations Division Commander. Reserve officers are considered at-will employees. Government Code § 3300 et. Seq. applies to reserve officers with the exception that the right to hearing is limited to the opportunity to clear their name. Any disciplinary action which may have to be administered to a Reserve Officer shall be accomplished as outlined in the Policy manual. 350.7 FIREARMS REQUIREMENTS Penal Code § 830.6(a) (1) designates a Police Reserve Officer as having "Peace Officer" powers during his/her assigned tour of duty, provided the Reserve Officer qualifies or falls within the provisions of Penal Code § 832.6. 350.7.1 CARRYING WEAPON ON DUTY Penal Code § 830.6(a) (1) permits qualified Reserve Officers to carry a loaded firearm while on duty. It is the policy of this Department to allow Reserves to carry firearms only while on duty, or to-and-from duty. CALEA 1.2.2 350.7.2 CONCEALED FIREARMS PROHIBITED No Reserve Officer will be permitted to carry a concealed firearm while in an off-duty capacity, other than to-and-from work, except those Reserve Officers who possess a valid CCW permit. An instance may arise where a Reserve Officer is assigned to a plainclothes detail for his/her assigned tour of duty. Under these circumstances, the Reserve Officer may be permitted to carry a weapon more suited to the assignment with the knowledge and approval of the supervisor in charge of the detail. Any Reserve Officer who is permitted to carry a firearm other than the assigned duty weapon, may do so only after verifying that the weapon conforms to departmental standards. The weapon must be registered by the Reserve Officer, be inspected and certified as fit for service by a Departmental Armorer. Before being allowed to carry any optional firearm during an assigned tour of duty, the Reserve Officer shall have demonstrated his/her proficiency with said weapon. When a Reserve Police Officer has satisfactorily completed the required training (as outlined in § 350.5), he/she may be issued a permit to carry a concealed weapon. The decision to issue a concealed weapon permit will be made by the Chief of Police with input from the Reserve Pismo Beach Police Department Pismo Beach PD Policy Manual Reserve Officers Copyright Lexipol, LLC 2020/07/16, All Rights Reserved. Published with permission by Pismo Beach Police Department Reserve Officers - 274 Program Coordinator and Administrative Staff. In issuing a concealed weapon permit a Reserve Officer's qualification will be individually judged. A Reserve Officer's dedication to the program and demonstrated maturity, among other factors, will be considered before a concealed weapon permit will be issued. Once issued, the concealed weapon permit will be valid only for as long as the Reserve Officer remains in good standing with the Pismo Beach Police Department Reserve Officer Program. 350.7.3 RESERVE OFFICER FIREARM TRAINING All Police Reserve Officers are required to maintain proficiency with firearms used in the course of their assignments. Reserve Officers shall comply with all areas of the firearms training section of the Policy manual, with the following exceptions: (a)Should a Reserve Officer fail to qualify, that Reserve Officer will not be allowed to carry a firearm until he/she has reestablished his/her proficiency. CALEA 16.3.1, CALEA 16.3.6 350.8 EMERGENCY CALL-OUT FOR RESERVE OFFICER PERSONNEL A Supervisor may initiate a call-out of the reserve officers to assist in an extraordinary situation. As with all emergency callouts, the Commanders and Chief must be notified. The supervisor should consider the reserve officer's other commitments and full time employment when requesting them to respond. CALEA 16.3.1 Policy 351 Pismo Beach Police Department Pismo Beach PD Policy Manual Copyright Lexipol, LLC 2020/07/16, All Rights Reserved. Published with permission by Pismo Beach Police Department Agency Jurisdiction and Mutual Aid Assistance - 275 Agency Jurisdiction and Mutual Aid Assistance 351.1 PURPOSE AND SCOPE The purpose of this General Order is to establish the jurisdictional boundaries and authority of the Pismo Beach Police Department and to establish a policy for law enforcement mutual aid. Members of the Pismo Beach Police Department will perform their law enforcement responsibilities within the legal jurisdiction of our City. When required, mutual aid will be requested from and provided to other law enforcement agencies in accordance with this General Order and the Office of Emergency Services (OES) Law Enforcement Mutual Aid Plan. 351.2 JURISDICTIONAL BOUNDARIES The primary patrol jurisdiction of the Pismo Beach Police Department is defined as the geographical area within the boundaries specifically defined in Thomas Brothers Map of Santa Barbara and San Luis Obispo Counties. All areas highlighted in green define the City limits of Pismo Beach. A detailed, official map showing the current City limits of the Department's jurisdiction shall be displayed at all times in the Communications Center and in the Patrol Briefing Area. Each Officer is responsible for knowledge of the boundary lines. 351.3 CONCURRENT JURISDICTION (a)It is the intent of this directive to identify basic shared responsibilities as they relate to police service in concurrent jurisdictions. The Pismo Beach Police Department works within the concurrent jurisdiction of the following agencies: San Luis Obispo County Sheriff''s Office, California Highway Patrol, Union Pacific Railroad Police, California State Parks and the United States Coast Guard. It is the policy of the Pismo Beach Police Department to coordinate its efforts with these concurrent agencies as outlined below: 1.San Luis Obispo County Sheriff's Department: (SLOSD): Our primary relationship with the Sheriff's Office is the booking and custody of prisoners and the services of the County Coroners Office. Criminal investigations within the City limits shall be the responsibility of the Pismo Beach Police Department, regardless of any assistance from the Sheriff's Office. 2.California Highway Patrol: The California Highway Patrol has jurisdiction over State Freeways, but the Pismo Beach Police Department will investigate all criminal events within its' jurisdiction, including those occurring on the adjacent Freeway (US 101). The Department will provide assistance to the Patrol, as needed, when called upon to do so due to unusual events on the Freeway. 3.Union Pacific Railroad: The Pismo Beach Police Department will investigate all criminal events within its' jurisdiction, including those occurring on the railroad Pismo Beach Police Department Pismo Beach PD Policy Manual Agency Jurisdiction and Mutual Aid Assistance Copyright Lexipol, LLC 2020/07/16, All Rights Reserved. Published with permission by Pismo Beach Police Department Agency Jurisdiction and Mutual Aid Assistance - 276 lines within the City. The Department will provide assistance to the Union Pacific Police Department, as needed, when called upon to do so due to unusual events on the rail system. 4.California Department of Parks and Recreation (DPR): The Pismo Beach Police Department will investigate all criminal events within it's' jurisdiction, including those occurring on the State Beach within the City boundaries. State Park Rangers will provide the initial response and prepare the initial report for all crimes that occur within the North Beach Campground which lies within the boundaries of the City. An existing MOU between the DPR and the SLOSD provides that at the request of the DPR, SLOSD will investigate officer involved shootings, felony crimes and other serious cases that occur within the DPR jurisdiction. However, Pismo Beach Police Officers will respond to emergency calls for service in the North Beach Campground and provide law enforcement assistance until the appropriate agency can respond. Specific incidents which present unanswered questions or concerns regarding agency responsibility shall be resolved by the on-duty supervisors of all agencies in such a way as to provide utmost consideration of the needs of citizens who are affected by the incident. The Operations Division Commander shall be notified as soon as practical for any jurisdictional disputes occurring within the North Beach Campground. 5.California Department of Fish and Game: The Pismo Beach Police Department will investigate all criminal events within its jurisdiction, including those occurring on the State Beach, within the City Boundaries, and in the Pismo Lake Estuary. The Department will provide assistance to the Department of Fish and Game, as needed, when called upon to do so due to unusual events on the beach or in the Pismo Lake Estuary. 6.United States Coast Guard: The Pismo Beach Police Department will investigate all criminal events within its' jurisdiction, including those occurring on the ocean. The Department will provide assistance to the United States Coast Guard, as needed, when called upon to do so due to unusual events on the ocean. (b)Usually the first agency upon the scene, and having jurisdiction, has responsibility and is in charge. The Pismo Beach Police Department recognizes this responsibility and either assumes jurisdiction on that basis or provides assistance to other agencies, as they require. CALEA 2.1.2 351.4 INTERAGENCY COOPERATION From time to time, other local, State and Federal agencies will find it necessary to perform their duties within Pismo Beach's jurisdiction. Employees of this agency will offer complete cooperation when situations arise when outside agencies, upon making proper notification, exercise their authority within the boundaries of our jurisdiction. Pismo Beach Police Department Pismo Beach PD Policy Manual Agency Jurisdiction and Mutual Aid Assistance Copyright Lexipol, LLC 2020/07/16, All Rights Reserved. Published with permission by Pismo Beach Police Department Agency Jurisdiction and Mutual Aid Assistance - 277 351.5 LOCAL AGENCY MUTUAL AID Police Departments sometimes require additional resources to handle, or prepare for, an unusual occurrence. When unusual occurrences do not rise to the level of requesting State mutual aid through the Office of Emergency Services (OES) via the San Luis Obispo County Sheriff's Office, police agencies commonly notify other police jurisdictions within the County to provide local mutual aid. 351.6 PROVIDING AVAILABLE MUTUAL AID 351.6.1 EMERGENCY SITUATIONS (a)In the event we are requested to provide mutual aid for an immediate emergency situation, the nearest available patrol officers shall be dispatched to assist the requesting agency. The shift supervisor or watch commander will make the determination based on extenuating circumstances of how many officers and what equipment will be authorized to leave the PBPD jurisdiction to assist. The Operations Commander will be notified immediately of any significant commitment of personnel or equipment to a mutual aid request. (b)If additional personnel/equipment is requested, the Operations Commander or shift supervisor may assign additional officers to respond as needed. (c)Pismo Beach Police Department personnel assisting an outside agency shall return to the City immediately upon being released by the incident commander from the mutual aid location. 351.6.2 NON-EMERGENCY SITUATIONS (a)In the event the Pismo Beach Police Department is contacted by another police agency requesting mutual aid for a non-emergency situation, the request must be received from the Chief of Police or their designee. The request will be forwarded to the Operations Commander for approval and coordination of requested personnel and equipment. (b)The Police Chief of the requesting agency, or their designee, remains in charge at the incident, including the direction of personnel and equipment provided them through mutual aid, subject to the conditions of the next paragraph. All personnel responding to foreign jurisdictions will maintain their legal authority to enforce the law in that jurisdiction. (c)Pismo Beach Police Department personnel committed to the mutual aid remain under the command and control of our agency. Designated supervisory staff will accept assignments from local authorities. Pismo Beach Police personnel will comply with the Use of Force General Order of this Department. CALEA 12.1.2 Pismo Beach Police Department Pismo Beach PD Policy Manual Agency Jurisdiction and Mutual Aid Assistance Copyright Lexipol, LLC 2020/07/16, All Rights Reserved. Published with permission by Pismo Beach Police Department Agency Jurisdiction and Mutual Aid Assistance - 278 351.7 STATE OES MUTUAL AID (a)Mutual aid is not intended to act as a substitute for planning, budgeting, equipping and operational use of local law enforcement personnel and resources in the routine day- to-day activities of the Department. (b)In order for law enforcement mutual aid to be successful, it is important for requesting agency to have a comprehensive plan of what is needed to restore order. The Incident Command System, which includes SEMS (Standardised Emergency Management System) and NIMS (National Incident Management System), should be followed in all cases where OES mutual aid is requested. 351.7.1 OES MUTUAL AID AGREEMENT The California Disaster and Civil Defense Master Mutual Aid Agreement provides the legal authority and description of action required by each state and local agency entering into this agreement. A copy of this document is located in the Operation Commander's office in the City of Pismo Beach Multi-Hazard Emergency Response Plan. 351.7.2 OES MUTUAL AID PLAN California's Law Enforcement Mutual Aid Plan was formulated in the early 1950's and enacted into law as part of the Government Code in 1970. The Authority of State of California Law Enforcement Mutual Aid Plan is granted under California Government Code §§ 8550, 8569, 8615, 8616, and 8668. Copies of the California Law Enforcement Mutual Aid Plan are maintained in both division Commander's offices and the Emergency Operations Center (EOC). 351.7.3 ORGANIZATION FOR OES MUTUAL AID The organization framework for mutual aid in the State of California is based on four levels of increasing responsibility. Beginning with the lowest level, these divisions consist of: •Cities (Police Chief) •Counties (Sheriff) •Regions (Appointed Sheriff within Region) •State (Director of Office of Emergency Services) (a)CITY 1.The Police Department is charged with the responsibility of maintenance of law and order and protection of life and property within the City. The Police Chief is the official responsible for determining the magnitude of an emergency within the City limits and the necessity of calling for law enforcement assistance from the San Luis Obispo County Sheriff. (b)OPERATIONAL AREA Pismo Beach Police Department Pismo Beach PD Policy Manual Agency Jurisdiction and Mutual Aid Assistance Copyright Lexipol, LLC 2020/07/16, All Rights Reserved. Published with permission by Pismo Beach Police Department Agency Jurisdiction and Mutual Aid Assistance - 279 1.The next level of mutual aid responsibility is the San Luis Obispo County Sheriff. (c)REGION 1.To facilitate coordination of mutual aid, the State of California is divided into seven law enforcement mutual aid regions. Each mutual aid region has a Regional Law Enforcement Coordinator. Pismo Beach is included in State Region 1-A. The Ventura County Sheriff's Office has been designated as the coordinating agency with the state for this region. (d)STATE 1.The Office of Emergency Services is responsible for coordination of State resources in support of local jurisdictions during times of emergency. This office is also responsible for the receipt and dissemination of information relating to existing or potential major disasters, disorders or unusual occurrences. The Director of the Office of Emergency Services (OES), through the Chief Law Enforcement Division, has the responsibility for mutual aid coordination at the State level. 2.Other State agencies have responsibility for supporting local law enforcement officials: the Department of Justice, the California Highway Patrol, the Office of the State Fire Marshal, the Department of Corrections, the Department of Parks and Recreation and the State Military Department. 351.7.4 OPERATING AREA LEVEL (a)Requesting State OES Mutual Aid: 1.All requests for OES mutual aid will be made via the San Luis Obispo County Sheriff, and all responses to OES mutual aid will result from mutual aid notification from the San Luis Obispo County Sheriff. 2.When the Police Chief determines that an emergency situation may become or is already beyond the control of departmental resources, it is the responsibility of the Police Chief to request OES mutual aid from the San Luis Obispo County Sheriff. 3.It is the responsibility of the San Luis Obispo County Sheriff to provide assistance and coordination to control the problem (California Government Code § 26602). 4.It is also possible to obtain other services from the San Luis Obispo County Sheriff (such as a bus for prisoner transportation at a small demonstration) without invoking OES mutual aid. Pismo Beach Police Department Pismo Beach PD Policy Manual Agency Jurisdiction and Mutual Aid Assistance Copyright Lexipol, LLC 2020/07/16, All Rights Reserved. Published with permission by Pismo Beach Police Department Agency Jurisdiction and Mutual Aid Assistance - 280 351.7.5 REGIONAL LEVEL All requests originating within Region 1-A for State or multi-county mutual aid will be made to the Ventura County Sheriff's Office via the San Luis Obispo County Sheriff's Office. This request will be relayed to the Sheriff of Ventura County for tracking, coordination and implementation. A special frequency has been assigned to the State of California for the purpose of law enforcement mutual aid coordination California Law Enforcement Mutual Aid Radio System (CLEMARS). This channel is intended for command and control purposes between agencies operating in an emergency when these separate agencies normally operate on their own separate frequencies. 351.7.6 STATE LEVEL Upon receiving a request from the regional level, the State OES Law Enforcement Division polls the regions within the State, California Highway Patrol, Fish and Game and the Department of Corrections. The State OES coordinates the responses of the regions. 351.7.7 NATIONAL GUARD EMERGENCY ASSISTANCE A local emergency must be declared by proclamation before National Guard assistance can be sought. The proclamation and request will be forwarded to the Governor's office via the chain of command described above for his/her review. The Governor will then approve the request and commit the National Guard who coordinates with the requesting agency/department head for deployment and mission. The National Guard is under their own command and will work in conjunction with the requesting agency. CALEA 2.1.4 351.7.8 EMERGENCY FEDERAL LAW ENFORCEMENT ASSISTANCE When the State has committed all of its available forces, and when such forces are unable to control the emergency, only State government may make a request to the President to provide Federal forces to assist in restoring or maintaining law and order. Only after the President had agreed to provide such forces, and his proclamation has been published, will Federal forces be provided and deployed. CALEA 2.1.4 Policy 352 Pismo Beach Police Department Pismo Beach PD Policy Manual Copyright Lexipol, LLC 2020/07/16, All Rights Reserved. Published with permission by Pismo Beach Police Department Outside Agency Assistance - 281 Outside Agency Assistance 352.1 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. 352.2 POLICY It is the policy of the Pismo Beach 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. 352.3 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. 352.3.1 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 Pismo Beach 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. 352.4 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. Pismo Beach Police Department Pismo Beach PD Policy Manual Outside Agency Assistance Copyright Lexipol, LLC 2020/07/16, All Rights Reserved. Published with permission by Pismo Beach Police Department Outside Agency Assistance - 282 The requesting member should arrange for appropriate radio communication capabilities, if necessary and available, so that communication can be coordinated between assisting personnel. 352.5 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. Policy 356 Pismo Beach Police Department Pismo Beach PD Policy Manual Copyright Lexipol, LLC 2020/07/16, All Rights Reserved. Published with permission by Pismo Beach Police Department Registered Offender Information - 283 Registered Offender Information 356.1 PURPOSE AND SCOPE This policy establishes guidelines by which the Pismo Beach 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. 356.2 POLICY It is the policy of the Pismo Beach 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. 356.3 REGISTRATION The Investigative 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. Those 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 (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. 356.3.1 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 (Penal Code § 457.1; Penal Code § 290 et seq.). 356.4 MONITORING OF REGISTERED OFFENDERS The Investigative Bureau supervisor 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. (c)Contact with a registrant’s parole or probation officer. Pismo Beach Police Department Pismo Beach PD Policy Manual Registered Offender Information Copyright Lexipol, LLC 2020/07/16, All Rights Reserved. Published with permission by Pismo Beach Police Department Registered Offender Information - 284 Any discrepancies should be reported to the California DOJ. The Investigative Bureau supervisor should also establish a procedure to routinely disseminate information regarding registered offenders to Pismo Beach Police Department personnel, including timely updates regarding new or relocated registrants. 356.5 DISSEMINATION OF PUBLIC INFORMATION Members will not unilaterally make a public notification advising the community of a particular registrant’s presence in the community. Members 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 Pismo Beach Police Department’s website. Information on sex registrants placed on the Pismo Beach Police Department’s website shall comply with the requirements of Penal Code § 290.46. The Support Services 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), and in compliance with a California Public Records Act (Government Code § 6250-6276.48) request. 356.5.1 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). Pismo Beach Police Department Pismo Beach PD Policy Manual Registered Offender Information Copyright Lexipol, LLC 2020/07/16, All Rights Reserved. Published with permission by Pismo Beach Police Department Registered Offender Information - 285 356.5.2 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 358 Pismo Beach Police Department Pismo Beach PD Policy Manual Copyright Lexipol, LLC 2020/07/16, All Rights Reserved. Published with permission by Pismo Beach Police Department Major Incident Notification - 286 Major Incident Notification 358.1 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. CALEA 41.2.4 358.2 POLICY The Pismo Beach 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. CALEA 41.2.4 358.3 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 Division 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 Shooting Policy for special notifications) •Significant injury or death to employee - on or off duty •Death of a prominent Pismo Beach official •Arrest of a department employee or prominent Pismo Beach official •Aircraft crash with major damage and/or injury or death •In-custody deaths •All injury incidents, including attempted suicide, aggravated assaults when medical treatment of injuries is required, creating substantial risk of death resulting in serious or permanent disfigurement, or causing long-term loss or impairment of the functioning of any bodily member or organ •Any vehicle pursuit terminating in an accident •Fire or arson creating a threat to life or property •Hazardous chemical or materials spills creating a threat to life or property •Bomb threats that necessitate an evacuation Pismo Beach Police Department Pismo Beach PD Policy Manual Major Incident Notification Copyright Lexipol, LLC 2020/07/16, All Rights Reserved. Published with permission by Pismo Beach Police Department Major Incident Notification - 287 •Any incident likely to bring immediate media attention to the City. CALEA 11.4.5, CALEA 41.2.4 358.3.1 CITY LIABILITY NOTIFICATIONS Notifications for incidents where there may be a question as to the agency's liability or those which may result in heightened community interest shall be made to the appropriate division commander immediately. If neither commander is available, the Watch Commander will notify the Chief of Police at once. Notification will occur regardless of the time of day. CALEA 11.4.5, CALEA 41.2.4 358.4 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. CALEA 41.2.4 358.4.1 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 Division Commander and the Detective Lieutenant if that division is affected. CALEA 41.2.4 358.4.2 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. CALEA 41.2.4 358.4.3 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 Operations Commander. CALEA 41.2.4 358.4.4 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. CALEA 41.2.4 Policy 360 Pismo Beach Police Department Pismo Beach PD Policy Manual Copyright Lexipol, LLC 2020/07/16, All Rights Reserved. Published with permission by Pismo Beach Police Department Death Investigation - 288 Death Investigation 360.1 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. 360.2 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. CALEA 41.2.4 360.2.1 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). Pismo Beach Police Department Pismo Beach PD Policy Manual Death Investigation Copyright Lexipol, LLC 2020/07/16, All Rights Reserved. Published with permission by Pismo Beach Police Department Death Investigation - 289 (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. CALEA 41.2.4 360.2.2 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. 360.2.3 DEATH NOTIFICATION (a)At times it may be necessary for officers to notify the next-of-kin of persons with serious injuries, illnesses, or persons who have died. This request may originate from an agency outside the City of Pismo Beach, the San Luis Obispo County Coroners Office, a medical facility or a family member. When necessary to do so, employees must quickly and compassionately notify the nearest relative of victims when that relative resides within the City of Pismo Beach. Officers must make such notification in person except under unusual circumstances, in which case a supervisor may approve an alternate method. Sufficient information should be provided to the officer delivering an Pismo Beach Police Department Pismo Beach PD Policy Manual Death Investigation Copyright Lexipol, LLC 2020/07/16, All Rights Reserved. Published with permission by Pismo Beach Police Department Death Investigation - 290 emergency message in order to be able to answer those obvious questions, which might be asked by the next of kin. (b)An officer must make every effort to locate and notify the nearest relative as quickly as possible. When practical to do so, two officers should be present during these types of notifications. This may include a coroner's investigator or a law enforcement chaplain. If the relative is alone, the officer should seek a close friend, neighbor or member of the clergy. Notifying officers should be reassuring, understanding and if possible, offer assistance. (c)During the interim period between injury/death and notification of next-of-kin, officers must request the cooperation of the press and other news media concerning withholding a victim's identity. CALEA 55.2.6 CALEA 81.2.11 360.2.4 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. 360.2.5 DEATH INVESTIGATION REPORTING All incidents involving a death shall be documented on the appropriate form. CALEA 81.2.11 360.2.6 SUSPECTED HOMICIDE If the initially assigned officer suspects that the death involves a homicide or other suspicious circumstances, the investigations division shall be notified to determine the possible need for an investigator to respond to the scene for further immediate investigation. Policy 362 Pismo Beach Police Department Pismo Beach PD Policy Manual Copyright Lexipol, LLC 2020/07/16, All Rights Reserved. Published with permission by Pismo Beach Police Department Identity Theft - 291 Identity Theft 362.1 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. 362.2 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. CALEA 42.2.8 c (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. CALEA 42.2.8 a, d 362.2.1 REPORTING FORMS Officers shall document an identity theft investigation using the standard crime reporting process in the Record Management System. 42.2.8 b Pismo Beach Police Department Pismo Beach PD Policy Manual Identity Theft Copyright Lexipol, LLC 2020/07/16, All Rights Reserved. Published with permission by Pismo Beach Police Department Identity Theft - 292 362.3 PREVENTION AND VICTIM ASSISTANCE Fraud prevention materials and publication shall be made available on the City of Pismo Beach website. The Investigations Supervisor is responsible for causing the materials to be updated when necessary. Department members should offer a Victims of Identity Theft Information Pamphlet to all victims of identity theft. It contains information to assist victims in re-establishing their credit and identity. CALEA 42.2.8 e Policy 363 Pismo Beach Police Department Pismo Beach PD Policy Manual Copyright Lexipol, LLC 2020/07/16, All Rights Reserved. Published with permission by Pismo Beach Police Department LINEUPS AND SHOW-UPS - 293 LINEUPS AND SHOW-UPS 363.1 PURPOSE AND SCOPE The purpose fo this order is to establish reliable identification testimony by a witness. 363.2 POLICY The Pismo Beach Police Department will compose photographic lineups and field show ups in such a manner that the suspect does not unduly stand out. To reduce the risk of wrongful conviction and aid in the detection and apprehension of the guilty, officers should adhere to procedures set forth here in order to maximize the reliability of witness identifications, minimize unjust accusations of innocent persons and to establish evidence that is reliable and conforms to established legal procedure 363.3 DEFINITIONS (a)Field Identification / Show up: An identification procedure in which an eyewitness is presented with a single suspect within a short time following the commission of a crime for the purpose of determining whether the eyewitness identifies this individual as the perpetrator. (b)Photo Lineup: An identification procedure, in which an array of photographs / images, including a photograph of the suspect of an offense and additional photographs of other persons not suspected of the offense, is displayed to an eyewitness either in hard copy form or via computer for the purpose of determining whether the eyewitness identifies the suspect as the perpetrator. (c)Physical Lineup: An identification procedure, in which a group of persons, including the suspect of an offense and other persons not suspected of the offense, is displayed to an eyewitness for the purpose of determining whether the eyewitness identifies the suspect as the perpetrator. (d)Filler: Either a person or a photograph of a person who is NOT suspected of an offense and is included in an identification procedure. (e)Facial Composite: A non-photographic pictorial representation such as a free hand sketch, Identi-Kit, or other computer-program generated image. CALEA 42.2.11 a CALEA 42.2.12 a 363.4 GENERAL RULES FOR EYEWITNESS IDENTIFICATIONS PROCEDURES (a)AVOIDING OFFICER AND WITNESS "SUGGESTION" 1.Officers must not, by word or gesture, suggest opinions to any witness concerning the guilt or innocence of a suspect in any identification procedure. Witnesses making inquiries about an officer's opinion shall be informed of this Pismo Beach Police Department Pismo Beach PD Policy Manual LINEUPS AND SHOW-UPS Copyright Lexipol, LLC 2020/07/16, All Rights Reserved. Published with permission by Pismo Beach Police Department LINEUPS AND SHOW-UPS - 294 restriction. A witness who has taken part in an identification procedure must not be permitted to state conclusions within earshot of another person who is about to be, or has been, a viewer of the identification procedure. CALEA 42.2.11 f CALEA 42.2.12 f (b)MULTIPLE WITNESSES / SUSPECTS 1.Each witness is to view any identification procedure separately. Witnesses shall not be permitted to communicate with each other until all identification procedures are completed, and should be instructed not to discuss their identifications with anyone else. When there are multiple suspects, each identification procedure shall include only one suspect. CALEA 42.2.11 c CALEA 42.2.12 c (c)VIDEO AND/OR AUDIO RECORDING & DOCUMENTATION 1.Whenever practical, officers are encouraged to video and/or audio record any witness identification procedure from start to finish. Video and audio recordings may be downloaded into the central computer system or stored on appropriate media based on the size of the video file, and the media used for the original recording. 2.All information regarding any identification procedure shall be documented on the proper admonishment form or in the officer's written report, to include: (a)All identification and non-identification results. (b)Confidence or certainty statements made by the witness (these should be quoted). (c)Names of all persons present. (d)Date, time, and location. (e)Names of all persons and/or photos used, and source of the photos. (f)Any significant remarks made by an officer, lawyer, or suspect. CALEA 42.2.11 b (d)WHEN IDENTIFICATION PROCEDURES MAY BE UNNECESSARY (a)The use of an identification procedure may be unnecessary under the following conditions: (a)When the witness knows the identity of the suspect before the offense occurred or learned the suspect's identity without police assistance after Pismo Beach Police Department Pismo Beach PD Policy Manual LINEUPS AND SHOW-UPS Copyright Lexipol, LLC 2020/07/16, All Rights Reserved. Published with permission by Pismo Beach Police Department LINEUPS AND SHOW-UPS - 295 the offense. A single photograph of the suspect named by the witness may be shown to the witness for confirmation that the person named is the perpetrator, or a photo lineup can be performed to establish additional probable cause. (b)When the witness would be unable to recognize the suspect of the offense, such as when a suspects face is completely covered during the commission of a crime. 363.5 FIELD IDENTIFICAITONS / SHOW UP PROCEDURES (a)WHEN FIELD IDENTIFICATION / SHOW UPS ARE PERMISSIBLE 1.An officer may arrange a "show up" between a witness and a suspect whenever a potential suspect is located and detained within a reasonable length of time, in proximity to the location of the crime, and fits the specific description of the perpetrator given by the witness. 2.If an officer has reasonable suspicion to detain a suspect under the above circumstances, the officer may use such force as is reasonably necessary to stop the suspect from leaving, or to cause the suspect to remain in the officers' presence. If probable cause to arrest develops during the detention, an arrest should be made. (b)CONDUCTING THE FIELD SHOW UP 1.A suspect cannot be detained for longer than a reasonable period of time to confirm or refute whether the suspect is the perpetrator. When conducting a field show up, officers will use the following guidelines: (a)Description : Officers at the scene and in contact with the witness will obtain a detailed description of the perpetrator before the suspect is shown to the witness. The witness must advise the officers that they will be able to recognize the person who committed the crime prior to the show-up. CALEA 42.2.12 d (b)Location : A suspect should not be taken to the police station for a show up. The suspect should be detained at the place he/she was located, in the least restrictive manner possible that will ensure the suspect remains with the officer. The witness should be transported to the suspect's location for the show up. Suspects should not be transported to the witness's location unless exigent circumstances exist. CALEA 42.2.12 b (c)Admonishments : The witness should be given an admonition per the departmentally authorized form "Field Identification Admonition" prior to Pismo Beach Police Department Pismo Beach PD Policy Manual LINEUPS AND SHOW-UPS Copyright Lexipol, LLC 2020/07/16, All Rights Reserved. Published with permission by Pismo Beach Police Department LINEUPS AND SHOW-UPS - 296 conducting the field show up. This admonition ensures the witness is advised that the person detained may or may not be the perpetrator and the witness should not feel compelled to make identification. The admonition form should be signed by the witness acknowledging the advisement and / or the admonition should be documented in the officer's report. CALEA 42.2.12 d, g (d)Minimize Suggestiveness : If possible, do not show the suspect handcuffed, or in the back seat of a patrol car. If the suspect is handcuffed, take measures to conceal this fact from the witness when possible. Suspects may not be required to put on clothing worn by the perpetrator. However, they may be asked but not required to speak words uttered by the perpetrator, or perform other actions of the perpetrator. If the witness makes identification, do not confirm or corroborate the identification. (e)Multiple Witnesses : Field show ups should not be conducted with more than one witness present at a time. If there is more than one witness, the show up must be conducted separately for each witness, and witnesses should not be permitted to communicate before or after any show up regarding the identification of the suspect. The same suspect should not be presented to the same witness more than once. (f)Witness Confidence : Assess witness confidence immediately following the show up identification. Make note of witness confidence remarks for report documentation. CALEA 42.2.12 e (g)Multiple Suspects : If there are multiple suspects, the suspects must be separated and subjected to separate show up procedures. (h)Photographing Suspects: Consideration should be given to photographing the suspect(s) in the field as documentation. (i)Emergency / Exigent Circumstances : In emergency circumstances, such as when a witness is in danger of imminent death or blindness, or when a suspect is in danger of imminent death, an immediate show up may be arranged if medical authorities permit. In these situations, time and location limitations contained in the preceding guidelines can be disregarded. If there is any doubt about an emergency show up, officers should contact a supervisor and/or the prosecutor immediately for guidance. (j)Cruising Area of Offense : Nothing in these guidelines prohibits the common procedure of transporting a witness in a patrol car to cruise the general area in which a crime has occurred in hopes of spotting the perpetrator and arranging a show-up identification procedure. Pismo Beach Police Department Pismo Beach PD Policy Manual LINEUPS AND SHOW-UPS Copyright Lexipol, LLC 2020/07/16, All Rights Reserved. Published with permission by Pismo Beach Police Department LINEUPS AND SHOW-UPS - 297 (k)Right to a Lawyer : No person has a right to have a lawyer present at any field show up procedure. (l)Release After Field Show Up : If the detained suspect is not identified by a witness as the perpetrator, and officers lack any other probable cause for an arrest, the suspect should be released after obtaining basic information. CALEA 42.2.11 363.6 CREATING AND CONDUCTING PHOTO LINEUPS (a)PHOTO LINEUP The photo lineup consists of showing a group of similar photos to a witness all at the same time. All photo lineups shall be done using the following guidelines: 1.A minimum grouping of six (6) photos should be used to create the photo lineup, and should include five (5) filler photos with one (1) suspect. 2.The photo of the suspect must be contemporary, shall resemble as much as possible their appearance at the time of the offense, and shall reasonably resemble the witness's description of the perpetrator. 3.All filler photos should resemble the suspect photo as much as possible, including size, background, race and skin tone, facial features, weight, hair color and length, scars, tattoo, eyeglasses, etc. 4.If there is more than one suspect, each suspect photo will be placed in the grouping of six separately from any other suspect, and the grouping will be changed so that the suspect's photos are not always in the same position in the grouping. 5.Witnesses will be given a "Photo Lineup Admonition" verbally or per departmental form. The admonition will include the facts that the suspect may or may not be shown in the images, the witness is not obligated to identify anyone, and that the witness should not speak with any other witnesses prior to viewing the lineup. 42.2.11 d 6.If there is more than one witness each witness will be shown the lineup separately, the suspect photo shall be placed in a different position in the grouping for each witness. CALEA 42.2.11 c 7.If the witness has previously viewed a photo lineup in connection with the identification of another person suspected of involvement in the offense, the fillers in the lineup shall be different from the fillers used in any prior lineups. 8.If identification is made, the witness will be told to circle the identified photo, and write their initials and the date next to it. The witness should also indicate on Pismo Beach Police Department Pismo Beach PD Policy Manual LINEUPS AND SHOW-UPS Copyright Lexipol, LLC 2020/07/16, All Rights Reserved. Published with permission by Pismo Beach Police Department LINEUPS AND SHOW-UPS - 298 the back of the department "Photo Lineup Admonishment" form what number photograph they identified as the suspect and write any comments on their confidence in the identification. The witness should sign then sign the bottom of the form. If no identification is made, this fact must also be clearly documented. The identification, or lack thereof, shall be documented in the officer's report. CALEA 42.2.11 e 9.Any and all photo lineups created, viewed, identified or not identified must be kept, and secured with the officer's case. 10.No person has a right to have a lawyer present at any photo lineup whether it takes place before or after an arrest. CALEA 42.2.11 a CALEA 42.2.12 363.7 CONDUCTING A PHYSICAL LINEUP (a)Physical Lineup Procedure A physical or live lineup is an identification procedure in which a suspect is placed in a live group setting that is shown to a witness. Witnesses should be advised the perpetrator may or may not be present in the live lineup and that the witness is under no obligation to identify anyone. All physical lineups shall be done using the following guidelines: 1.Number of Participants : All physical lineups shall consist of a minimum of four (4) and a maximum of six (6) persons including the suspect. A suspect will not be presented to any witness singly at the police station unless exigent circumstances exist. Each participant shall be numbered from left to right. 2.Physical Similarity : Filler persons placed in a live lineup shall have reasonably similar physical characteristics to the suspect and each other such as age, race, height, weight, hair color and length, physical build, facial features, etc. Filler persons and the suspect should be dressed similarly. If the description of the perpetrator included descriptions of particular clothing items, all persons, including the suspect should be dressed in clothing similar to the witness description. 3.Location and Positioning of Suspect and Witness : Live physical lineups will be assembled at a reasonable location determined by the investigators. The suspect will be placed in random order in each live lineup so that the suspect is not always in the same position. Each witness will view each physical lineup separately. If there is more than one suspect, each physical lineup will include only one suspect, and each lineup with a different suspect will include different filler persons. 4.Conduct of Participants : All participants in the physical lineup must be instructed to conduct themselves so as not to single out the actual suspect. All participants, including the suspect can be instructed to utter specific words or Pismo Beach Police Department Pismo Beach PD Policy Manual LINEUPS AND SHOW-UPS Copyright Lexipol, LLC 2020/07/16, All Rights Reserved. Published with permission by Pismo Beach Police Department LINEUPS AND SHOW-UPS - 299 phrases, make gestures, or assume a particular pose. If this is required of any person in the physical lineup, all persons in the lineup will do it. 5.Documentation : A photograph / digital image of each physical lineup should be taken and maintained with the case file. If identification is made, the officer shall assess witness confidence immediately following the identification, and clearly document witness confidence by quoting the witness' remarks in the police report. If no identification is made, this fact must also be clearly documented. CALEA 42.2.11 a, d, g 363.8 FACIAL COMPOSITES AND SKETCHES (a)COMPOSITE & SKETCH GENERAL CONSIDERATIONS 1.When there is no suspect, and the use of a photo lineup has been or is likely to be unsuccessful, a non-photographic pictorial representation such as a free hand sketch, Identi-kit composite, or other computer-program generated composite image may be used. Care must be taken not to unintentionally influence the description provided by a witness while developing such a composite image or sketch, and only those officers trained in the use of such techniques shall use them. CALEA 42.2.11 CALEA 42.2.12 Policy 364 Pismo Beach Police Department Pismo Beach PD Policy Manual Copyright Lexipol, LLC 2020/07/16, All Rights Reserved. Published with permission by Pismo Beach Police Department Private Persons Arrests - 300 Private Persons Arrests 364.1 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. 364.2 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. 364.3 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. NOTE: 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. CALEA 1.2.5 364.4 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). Pismo Beach Police Department Pismo Beach PD Policy Manual Private Persons Arrests Copyright Lexipol, LLC 2020/07/16, All Rights Reserved. Published with permission by Pismo Beach Police Department Private Persons Arrests - 301 (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. 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 CALEA 1.2.5 364.5 REPORTING REQUIREMENTS In all circumstances in which a private person is claiming to have made an arrest, the individual must 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 366 Pismo Beach Police Department Pismo Beach PD Policy Manual Copyright Lexipol, LLC 2020/07/16, All Rights Reserved. Published with permission by Pismo Beach Police Department Anti-Reproductive Rights Crimes Reporting - 302 Anti-Reproductive Rights Crimes Reporting 366.1 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.). 366.2 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 366.3 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 Detective Division Commander. (c)By the tenth (10th) day of each month, it shall be the responsibility of the Detective Division 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. Pismo Beach Police Department Pismo Beach PD Policy Manual Anti-Reproductive Rights Crimes Reporting Copyright Lexipol, LLC 2020/07/16, All Rights Reserved. Published with permission by Pismo Beach Police Department Anti-Reproductive Rights Crimes Reporting - 303 2.Any ARRC(s) reported in the Summary Worksheet shall be accompanied by a copy of the related Data Collection Worksheet(s). CALEA 82.1.4 Policy 368 Pismo Beach Police Department Pismo Beach PD Policy Manual Copyright Lexipol, LLC 2020/07/16, All Rights Reserved. Published with permission by Pismo Beach Police Department Limited English Proficiency Services - 304 Limited English Proficiency Services 368.1 PURPOSE AND SCOPE This policy provides guidance to members when communicating with individuals with limited English proficiency (LEP) (42 USC § 2000d). 368.1.1 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 Pismo Beach 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). 368.2 POLICY It is the policy of the Pismo Beach 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. 368.3 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 Division Commander or the authorized designee. The responsibilities of the LEP Coordinator include, but are not limited to: Pismo Beach Police Department Pismo Beach PD Policy Manual Limited English Proficiency Services Copyright Lexipol, LLC 2020/07/16, All Rights Reserved. Published with permission by Pismo Beach Police Department Limited English Proficiency Services - 305 (a)Coordinating and implementing all aspects of the Pismo Beach 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 Support Services 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. 368.3.1 FAMILY AND FRIENDS OF LEP INDIVIDUAL While family and friends of an LEP individual may frequently offer to assist with interpretation, officers should carefully consider the circumstances before relying on such individuals. For example, children should not be relied upon except in emergency or critical situations. Further, the nature of the contact and relationship between the LEP individual and the individual offering services must be carefully considered (e.g., victim/suspect). Pismo Beach Police Department Pismo Beach PD Policy Manual Limited English Proficiency Services Copyright Lexipol, LLC 2020/07/16, All Rights Reserved. Published with permission by Pismo Beach Police Department Limited English Proficiency Services - 306 368.3.2 POSTING OF AVAILABLE SERVICES Forms printed in available languages should be maintained in a conspicuous location at the front counter and other appropriate areas such as a booking area. When such forms are either unavailable or inappropriate, the Department will post a conspicuous notice that LEP services may be available. 368.4 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: (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. 368.5 TYPES OF LEP ASSISTANCE AVAILABLE Pismo Beach 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. CALEA 33.7.2 368.6 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. Pismo Beach Police Department Pismo Beach PD Policy Manual Limited English Proficiency Services Copyright Lexipol, LLC 2020/07/16, All Rights Reserved. Published with permission by Pismo Beach Police Department Limited English Proficiency Services - 307 368.7 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. 368.8 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. 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. 368.9 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. Pismo Beach Police Department Pismo Beach PD Policy Manual Limited English Proficiency Services Copyright Lexipol, LLC 2020/07/16, All Rights Reserved. Published with permission by Pismo Beach Police Department Limited English Proficiency Services - 308 368.9.1 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. 368.9.2 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. 368.10 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. Pismo Beach Police Department Pismo Beach PD Policy Manual Limited English Proficiency Services Copyright Lexipol, LLC 2020/07/16, All Rights Reserved. Published with permission by Pismo Beach Police Department Limited English Proficiency Services - 309 368.11 RECEIVING AND RESPONDING TO REQUESTS FOR ASSISTANCE The Pismo Beach Police Department will take reasonable steps and will work with the Personnel Department to develop in-house language capacity by hiring or appointing qualified members proficient in languages representative of the community being served. 368.11.1 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. 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. 368.12 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. 368.13 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 Pismo Beach Police Department Pismo Beach PD Policy Manual Limited English Proficiency Services Copyright Lexipol, LLC 2020/07/16, All Rights Reserved. Published with permission by Pismo Beach Police Department Limited English Proficiency Services - 310 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. 368.14 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. 368.15 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. 368.16 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. Pismo Beach Police Department Pismo Beach PD Policy Manual Limited English Proficiency Services Copyright Lexipol, LLC 2020/07/16, All Rights Reserved. Published with permission by Pismo Beach Police Department Limited English Proficiency Services - 311 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. 368.17 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. 368.18 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. 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. 368.18.1 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 Pismo Beach Police Department Pismo Beach PD Policy Manual Copyright Lexipol, LLC 2020/07/16, All Rights Reserved. Published with permission by Pismo Beach Police Department Automated External Defibrillators - 312 Automated External Defibrillators 369.1 PURPOSE AND SCOPE Medical experts recommend emergency personnel, such as police officers, have the ability to deliver an electric counter shock to victims with lethal heart rhythms who are in cardiac arrest. The law enforcement community is beginning to embrace this recommendation. Further, in the tradition of innovation, the Pismo Beach Police Department is implementing an Automated External Defibrillation Program. Pursuant to San Luis Obispo County Emergency Medical Services Agency policy, the Department shall have a physician medical director. The medical director for sworn personnel shall be the San Luis Obispo County Emergency Medical Services Director. 369.2 PROGRAM COORDINATOR The Program Coordinator is a Department employee appointed by the Operations Division Commander. The Program Coordinators responsibilities include: (a)Liaison with the San Luis Obispo County Emergency Medical Services Agency. (b)Coordinate training, certification, accreditation, recertification and reaccredidation of qualified Department employees. (c)Coordinate a quality assurance program required by the County of San Luis Obispo Emergency Medical Services Agency. 369.2.1 AED INSTRUCTOR The Departments AED Instructor/s must meet the minimum standards established by the County of San Luis Obispo Emergency Medical Services Agency. The AED Instructor is responsible for training eligible Department members in the use of AEDs in accordance with established State law and County protocol. 369.3 ACCREDITATION AND TRAINING 369.3.1 AUTHORITY Title 22, Division 9, Chapter 1.8, Article 2, § 100036 of the California Code of Regulations, Division 2.5, Chapter 4, Article 1, § 1797.210(a) of the California Health and Safety Code, and Policy 111 of the San Luis Obispo County Emergency Medical Services Agency. 369.4 PROCEDURE The Program Coordinator will ensure qualified Department members meet established eligibility requirements, meet the requirements for reaccredidation and are issued their certificate of accreditation. Pismo Beach Police Department Pismo Beach PD Policy Manual Automated External Defibrillators Copyright Lexipol, LLC 2020/07/16, All Rights Reserved. Published with permission by Pismo Beach Police Department Automated External Defibrillators - 313 369.5 TRAINING Department members must be 18 years of age or older and have certification in Cardiopulmonary Resuscitation. Eligible Department members must complete a minimum of four (4) hours of training. Accredited personnel must demonstrate proficiency with an AED and be knowledgeable of the treatment protocol as required by the San Luis Obispo County Emergency Medical Services Agency. 369.6 EQUIPMENT DEPLOYMENT AND MAINTENANCE The Department will assign as many AED's that are available to Department vehicles and the Police Department facility. Accredited Department members assigned to a vehicle equipped with an AED will ensure the AED is in proper working order. AED's not in working order shall be tumed in to the Program Coordinator. The Program Coordinator shall arrange for repairs. 369.7 USE OF THE AED 369.7.1 FIELD TREATMENT POLICY Accredited Department members shall follow the following County of San Luis Obispo Emergency Medical Services Agency Field Treatment Policy. 369.7.2 PATIENT CRITERIA The accredited Department member must confirm the following prior to placing the patient on the AED. (a)Patient Criteria: 1.Unconscious, pulseless, apneic, 2.At least 8 years of age. 3.Body weight greater than 50 pounds. 4.Not a trauma case. 5.Not hypothermic. 369.7.3 PROCEDURE (a)Assure that the scene is safe. (b)Determine responsiveness. (c)Open the airway; look, listen, and feel for breathing. (d)Deliver two (2) full breaths. (e)Check carotid pulse. Pismo Beach Police Department Pismo Beach PD Policy Manual Automated External Defibrillators Copyright Lexipol, LLC 2020/07/16, All Rights Reserved. Published with permission by Pismo Beach Police Department Automated External Defibrillators - 314 (f)If no pulse and more than one rescuer, rescuer #1 initiates CPR while rescuer #2 sets up the AED. (g)Have the AED analyze the rhythm. (h)If the AED determines that a shock is indicated, clear all personnel and deliver the counter shock, (i)If no shock is indicated, complete one minute of CPR and reanalyze the patient's rhythm. Shock the patient three (3) times if indicated and then complete one (1) minute of CPR prior to reanalyzing. 369.7.4 IMPORTANT POINTS (a)A maximum of nine (9) shocks can be delivered. (b)No more than three (3) shocks are delivered in a row without one (1) minute of CPR. (c)There is no limit of the number of times an accredited Department member can analyze the patient's rhythm. If the machine determines no shock is indicated, then complete one (1) minute of CPR and reanalyze until paramedics arrive. (d)Police personnel should provide a verbal report to paramedics, to include the total amount of time the patient was down, the amount of time CPR was performed, the total number of shocks, if any delivered and the patient's response. 369.8 DOCUMENTATION Accredited Department members using an AED for treating cardiac arrest shall complete a police incident report, unless a crime report is required. Accredited Department members will also complete the EMSA Patient Report form 111-8. The EMSA Patient Report will be forwarded to Operations Division Commander. 369.9 QUALITY ASSURANCE The Department shall have a quality assurance program as required by the County of San Luis Obispo Emergency Medical Services Agency. (a)The Program Coordinator shall provide the following: (b)Conduct retrospective peer evaluation of every call that the AED is utilized. (c)Review timely, accurate and informative statistical summaries of system performance over time. (d)Make recommendations for modifications of system design, performance protocols and training standards designed to improve patient outcome. Policy 370 Pismo Beach Police Department Pismo Beach PD Policy Manual Copyright Lexipol, LLC 2020/07/16, All Rights Reserved. Published with permission by Pismo Beach Police Department Communications with Persons with Disabilities - 315 Communications with Persons with Disabilities 370.1 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. 370.1.1 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. 370.2 POLICY It is the policy of the Pismo Beach 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. 370.3 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 Division 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 Pismo Beach Police Department’s efforts to ensure equal access to services, programs and activities. (b)Developing reports, new procedures, or recommending modifications to this policy. Pismo Beach Police Department Pismo Beach PD Policy Manual Communications with Persons with Disabilities Copyright Lexipol, LLC 2020/07/16, All Rights Reserved. Published with permission by Pismo Beach Police Department Communications with Persons with Disabilities - 316 (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 Support Services 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. 370.4 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. Pismo Beach Police Department Pismo Beach PD Policy Manual Communications with Persons with Disabilities Copyright Lexipol, LLC 2020/07/16, All Rights Reserved. Published with permission by Pismo Beach Police Department Communications with Persons with Disabilities - 317 370.5 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 Pismo Beach 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. CALEA 33.7.2 370.6 TYPES OF ASSISTANCE AVAILABLE Pismo Beach 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. Pismo Beach Police Department Pismo Beach PD Policy Manual Communications with Persons with Disabilities Copyright Lexipol, LLC 2020/07/16, All Rights Reserved. Published with permission by Pismo Beach Police Department Communications with Persons with Disabilities - 318 Department-provided auxiliary aids or services may include, but are not limited to, the assistance methods described in this policy. 370.7 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. 370.8 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). 370.9 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. 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). Pismo Beach Police Department Pismo Beach PD Policy Manual Communications with Persons with Disabilities Copyright Lexipol, LLC 2020/07/16, All Rights Reserved. Published with permission by Pismo Beach Police Department Communications with Persons with Disabilities - 319 Note that relay services translate verbatim, so the conversation must be conducted as if speaking directly to the caller. 370.10 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. 370.11 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. 370.12 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. Pismo Beach Police Department Pismo Beach PD Policy Manual Communications with Persons with Disabilities Copyright Lexipol, LLC 2020/07/16, All Rights Reserved. Published with permission by Pismo Beach Police Department Communications with Persons with Disabilities - 320 370.13 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. 370.13.1 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. 370.14 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 Pismo Beach Police Department Pismo Beach PD Policy Manual Communications with Persons with Disabilities Copyright Lexipol, LLC 2020/07/16, All Rights Reserved. Published with permission by Pismo Beach Police Department Communications with Persons with Disabilities - 321 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. 370.15 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. 370.16 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. 370.17 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. Pismo Beach Police Department Pismo Beach PD Policy Manual Communications with Persons with Disabilities Copyright Lexipol, LLC 2020/07/16, All Rights Reserved. Published with permission by Pismo Beach Police Department Communications with Persons with Disabilities - 322 370.18 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. 370.18.1 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 372 Pismo Beach Police Department Pismo Beach PD Policy Manual Copyright Lexipol, LLC 2020/07/16, All Rights Reserved. Published with permission by Pismo Beach Police Department Mandatory Employer Notification - 323 Mandatory Employer Notification 372.1 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. 372.2 POLICY The Pismo Beach Police Department will meet the reporting requirements of California law to minimize the risks to children and others. 372.3 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. 372.3.1 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 § 11591 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). 372.3.2 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 § 11591 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). 372.3.3 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 § 11591 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 Pismo Beach Police Department Pismo Beach PD Policy Manual Mandatory Employer Notification Copyright Lexipol, LLC 2020/07/16, All Rights Reserved. Published with permission by Pismo Beach Police Department Mandatory Employer Notification - 324 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). 372.3.4 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 § 11591.5 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). 372.4 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 374 Pismo Beach Police Department Pismo Beach PD Policy Manual Copyright Lexipol, LLC 2020/07/16, All Rights Reserved. Published with permission by Pismo Beach Police Department Biological Samples - 325 Biological Samples 374.1 PURPOSE AND SCOPE This policy provides guidelines for the collection of biological samples from those individuals required to provide samples upon conviction or arrest for certain offenses. This policy does not apply to biological samples collected at a crime scene or taken from a person in conjunction with a criminal investigation. Nor does it apply to biological samples from those required to register, for example, sex offenders. 374.2 POLICY The Pismo Beach Police Department will assist in the expeditious collection of required biological samples from offenders in accordance with the laws of this state and with as little reliance on force as practicable. CALEA 83.2.7 374.3 PERSONS SUBJECT TO DNA COLLECTION Those who must submit a biological sample include (Penal Code § 296): (a)A person, including a juvenile, upon conviction or other adjudication of any felony offense. (b)A person, including a juvenile, upon conviction or other adjudication of any offense if the person has a prior felony on record. (c)An adult arrested or charged with any felony. CALEA 83.2.7 374.4 PROCEDURE When an individual is required to provide a biological sample, a trained employee shall obtain the sample in accordance with this policy. CALEA 83.2.7 374.4.1 COLLECTION The following steps should be taken to collect a sample: (a)Verify that the individual is required to provide a sample pursuant to Penal Code § 296; Penal Code § 296.1. (b)Verify that a biological sample has not been previously collected from the offender by querying the individual’s criminal history record for a DNA collection flag or, during regular business hours, calling the California Department of Justice (DOJ) designated DNA laboratory. There is no need to obtain a biological sample if one has been previously obtained. (c)Use a DNA buccal swab collection kit provided by the California DOJ to perform the collection and take steps to avoid cross contamination. Pismo Beach Police Department Pismo Beach PD Policy Manual Biological Samples Copyright Lexipol, LLC 2020/07/16, All Rights Reserved. Published with permission by Pismo Beach Police Department Biological Samples - 326 374.5 USE OF FORCE TO OBTAIN SAMPLES If a person refuses to cooperate with the sample collection process, officers should attempt to identify the reason for refusal and seek voluntary compliance without resorting to using force. Force will not be used in the collection of samples except as authorized by court order and only with the approval of a supervisor. Methods to consider when seeking voluntary compliance include contacting: (a)The person’s parole or probation officer when applicable. (b)The prosecuting attorney to seek additional charges against the person for failure to comply or to otherwise bring the refusal before a judge. (c)The judge at the person’s next court appearance. (d)The person’s attorney. (e)A chaplain. (f)Another custody facility with additional resources, where an arrestee can be transferred to better facilitate sample collection. (g)A supervisor who may be able to authorize custodial disciplinary actions to compel compliance, if any are available. The supervisor shall review and approve any plan to use force and be present to document the process. 374.5.1 VIDEO RECORDING A video recording should be made anytime force is used to obtain a biological sample. The recording should document all staff participating in the process, in addition to the methods and all force used during the collection. The recording should be part of the investigation file, if any, or otherwise retained in accordance with the department’s records retention schedule (15 CCR 1059). 374.5.2 CELL EXTRACTIONS If the use of force includes a cell extraction, the extraction shall be video recorded, including audio. Video shall be directed at the cell extraction event. The video recording shall be retained by the Department for the length of time required by statute. Notwithstanding the use of the video as evidence in a criminal proceeding, the tape shall be retained administratively (15 CCR 1059). 374.6 LEGAL MANDATES AND RELEVANT LAWS California law provides for the following: 374.6.1 DOCUMENTATION RELATED TO FORCE The Watch Commander shall prepare prior written authorization for the use of any force (15 CCR 1059). The written authorization shall include information that the subject was asked to provide the requisite specimen, sample or impression and refused, as well as the related court order authorizing the force. Pismo Beach Police Department Pismo Beach PD Policy Manual Biological Samples Copyright Lexipol, LLC 2020/07/16, All Rights Reserved. Published with permission by Pismo Beach Police Department Biological Samples - 327 374.6.2 BLOOD SAMPLES A blood sample should only be obtained under this policy when: (a)The California DOJ requests a blood sample and the subject consents, or (b)A court orders a blood sample following a refusal. The withdrawal of blood may only be performed in a medically approved manner by health care providers trained and qualified to draw blood. A California DOJ collection kit shall be used for this purpose (Penal Code § 298(a); Penal Code § 298(b)(2)). 374.6.3 LITIGATION The Chief of Police or authorized designee should notify the California DOJ’s DNA Legal Unit in the event this department is named in a lawsuit involving the DNA Data Bank sample collection, sample use or any aspect of the state’s DNA Data Bank Program. Policy 376 Pismo Beach Police Department Pismo Beach PD Policy Manual Copyright Lexipol, LLC 2020/07/16, All Rights Reserved. Published with permission by Pismo Beach Police Department Chaplains - 328 Chaplains 376.1 PURPOSE AND SCOPE This policy establishes the guidelines for Pismo Beach Police Department chaplains to provide counseling or emotional support to members of the Department, their families and members of the public. 376.2 POLICY The Pismo Beach Police Department shall ensure that department chaplains are properly appointed, trained and supervised to carry out their responsibilities without financial compensation. 376.3 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. 376.4 RECRUITMENT, SELECTION AND APPOINTMENT The Pismo Beach Police Department shall endeavor to recruit and appoint only those applicants who meet the high ethical, moral and professional standards set forth by this department. All applicants shall be required to meet and pass the same pre-employment procedures as department personnel before appointment. 376.4.1 SELECTION AND APPOINTMENT Chaplain candidates shall successfully complete the following process prior to appointment as a chaplain: (a)Submit the appropriate written application. (b)Include a recommendation from employers or volunteer programs. (c)Interview with the Chief of Police and the chaplain coordinator. (d)Successfully complete an appropriate-level background investigation. (e)Complete an appropriate probationary period as designated by the Chief of Police. Pismo Beach Police Department Pismo Beach PD Policy Manual Chaplains Copyright Lexipol, LLC 2020/07/16, All Rights Reserved. Published with permission by Pismo Beach Police Department Chaplains - 329 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. 376.5 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. Uniforms and necessary safety equipment will be provided for each chaplain. 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 Pismo Beach Police Department identification cards, which must be carried at all times while on-duty. The identification cards will be the standard Pismo Beach 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. Chaplains shall conform to all uniform regulations and appearance standards of this department. 376.6 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 Division 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. Pismo Beach Police Department Pismo Beach PD Policy Manual Chaplains Copyright Lexipol, LLC 2020/07/16, All Rights Reserved. Published with permission by Pismo Beach Police Department Chaplains - 330 (g)Completing and disseminating, as appropriate, all necessary paperwork and information. (h)Planning periodic recognition events. (i)Maintaining liaison with other agency chaplain coordinators. An evaluation of the overall use of chaplains will be conducted on an annual basis by the coordinator. 376.7 DUTIES AND RESPONSIBILITIES Chaplains assist the Department, its members and the community, as needed. Assignments of chaplains will usually be to augment the Operations Division . 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 Pismo Beach Police Department. 376.7.1 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. 376.7.2 OPERATIONAL GUIDELINES (a)Chaplains will 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 Pismo Beach Police Department personnel a minimum of eight hours per month. (c)At the end of each watch the chaplain will complete a chaplain shift report and submit it to the Chief of Police or the authorized designee. (d)Chaplains shall be permitted to ride with officers during any shift and observe Pismo Beach Police Department operations, provided the Watch Commander has been notified and has approved the activity. (e)Chaplains shall not be evaluators of members of the Department. (f)In responding to incidents, a chaplain shall never function as an officer. Pismo Beach Police Department Pismo Beach PD Policy Manual Chaplains Copyright Lexipol, LLC 2020/07/16, All Rights Reserved. Published with permission by Pismo Beach Police Department Chaplains - 331 (g)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. (h)Chaplains shall serve only within the jurisdiction of the Pismo Beach Police Department unless otherwise authorized by the Chief of Police or the authorized designee. (i)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. 376.7.3 ASSISTING DEPARTMENT MEMBERS The responsibilities of a chaplain related to department members include, but are not limited to: (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. 376.7.4 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. Pismo Beach Police Department Pismo Beach PD Policy Manual Chaplains Copyright Lexipol, LLC 2020/07/16, All Rights Reserved. Published with permission by Pismo Beach Police Department Chaplains - 332 376.7.5 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. 376.7.6 CHAPLAIN MEETINGS All chaplains are required to attend scheduled meetings. Any absences must be satisfactorily explained to the chaplain coordinator. 376.8 PRIVILEGED COMMUNICATIONS No person who provides chaplain services to members of the Department may work or volunteer for the Pismo Beach 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 Pismo Beach Police Department member concerning an incident personally witnessed by the chaplain or concerning an incident involving the chaplain. 376.9 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 Pismo Beach Police Department Pismo Beach PD Policy Manual Chaplains Copyright Lexipol, LLC 2020/07/16, All Rights Reserved. Published with permission by Pismo Beach Police Department Chaplains - 333 •The law enforcement family •Substance abuse •Suicide •Officer injury or death •Sensitivity and diversity Policy 380 Pismo Beach Police Department Pismo Beach PD Policy Manual Copyright Lexipol, LLC 2020/07/16, All Rights Reserved. Published with permission by Pismo Beach Police Department Child and Dependent Adult Safety - 334 Child and Dependent Adult Safety 380.1 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. 380.2 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 Pismo Beach 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. 380.3 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. Pismo Beach Police Department Pismo Beach PD Policy Manual Child and Dependent Adult Safety Copyright Lexipol, LLC 2020/07/16, All Rights Reserved. Published with permission by Pismo Beach Police Department Child and Dependent Adult Safety - 335 380.3.1 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. 380.3.2 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)). Pismo Beach Police Department Pismo Beach PD Policy Manual Child and Dependent Adult Safety Copyright Lexipol, LLC 2020/07/16, All Rights Reserved. Published with permission by Pismo Beach Police Department Child and Dependent Adult Safety - 336 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. 380.3.3 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 380.3.4 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. 380.4 DEPENDENT WELFARE SERVICES Whenever an arrestee is unwilling or incapable of arranging for the appropriate care of any child or dependent 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. Pismo Beach Police Department Pismo Beach PD Policy Manual Child and Dependent Adult Safety Copyright Lexipol, LLC 2020/07/16, All Rights Reserved. Published with permission by Pismo Beach Police Department Child and Dependent Adult Safety - 337 Under no circumstances should a child or dependent adult be left unattended or without appropriate care. 380.5 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 382 Pismo Beach Police Department Pismo Beach PD Policy Manual Copyright Lexipol, LLC 2020/07/16, All Rights Reserved. Published with permission by Pismo Beach Police Department Service Animals - 338 Service Animals 382.1 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). 382.1.1 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)). 382.2 POLICY It is the policy of the Pismo Beach 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. 382.3 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. Pismo Beach Police Department Pismo Beach PD Policy Manual Service Animals Copyright Lexipol, LLC 2020/07/16, All Rights Reserved. Published with permission by Pismo Beach Police Department Service Animals - 339 •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. 382.4 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 Pismo Beach Police Department affords to all members of the public (28 CFR 35.136). 382.4.1 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. 382.4.2 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. 382.4.3 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. Pismo Beach Police Department Pismo Beach PD Policy Manual Service Animals Copyright Lexipol, LLC 2020/07/16, All Rights Reserved. Published with permission by Pismo Beach Police Department Service Animals - 340 382.4.4 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 389 Pismo Beach Police Department Pismo Beach PD Policy Manual Copyright Lexipol, LLC 2020/07/16, All Rights Reserved. Published with permission by Pismo Beach Police Department Department Use of Social Media - 341 Department Use of Social Media 389.1 PURPOSE AND SCOPE This policy provides guidelines to ensure that any use of social media on behalf of the Department is consistent with the department mission. This policy does not address all aspects of social media use. Specifically, it does not address: •Personal use of social media by department members (see the Employee Speech, Expression and Social Networking Policy). •Use of social media in personnel processes (see the Recruitment and Selection Policy). •Use of social media as part of a criminal investigation, other than disseminating information to the public on behalf of this department (see the Investigation and Prosecution Policy). 389.1.1 DEFINITIONS Definitions related to this policy include: Social media - Any of a wide array of Internet-based tools and platforms that allow for the sharing of information, such as the department website or social networking services 389.2 POLICY The Pismo Beach Police Department may use social media as a method of effectively informing the public about department services, issues, investigations and other relevant events. No content shall be utilized without prior authorization by the Chief of Police or Designee. Department members shall ensure that the use or access of social media is done in a manner that protects the constitutional rights of all. 389.3 AUTHORIZED USERS Only members authorized by the Chief of Police or the authorized designee may utilize social media on behalf of the Department. Authorized members shall use only department-approved equipment during the normal course of duties to post and monitor department-related social media, unless they are specifically authorized to do otherwise by their supervisors. The Chief of Police may develop specific guidelines identifying the type of content that may be posted. Any content that does not strictly conform to the guidelines should be approved by a supervisor prior to posting. Requests to post information over department social media by members who are not authorized to post should be made through the member’s chain of command. Pismo Beach Police Department Pismo Beach PD Policy Manual Department Use of Social Media Copyright Lexipol, LLC 2020/07/16, All Rights Reserved. Published with permission by Pismo Beach Police Department Department Use of Social Media - 342 389.4 AUTHORIZED CONTENT Only content that is appropriate for public release, that supports the department mission and conforms to all department policies regarding the release of information may be posted. Examples of appropriate content include: (a)Announcements. (b)Tips and information related to crime prevention. (c)Investigative requests for information. (d)Requests that ask the community to engage in projects that are relevant to the department mission. (e)Real-time safety information that is related to in-progress crimes, geographical warnings or disaster information. (f)Traffic information. (g)Press releases. (h)Recruitment of personnel. 389.4.1 INCIDENT-SPECIFIC USE In instances of active incidents where speed, accuracy and frequent updates are paramount (e.g., crime alerts, public safety information, traffic issues), the Public Information Officer or the authorized designee will be responsible for the compilation of information to be released, subject to the approval of the Incident Commander. 389.5 PROHIBITED CONTENT Content that is prohibited from posting includes, but is not limited to: (a)Content that is abusive, discriminatory, inflammatory or sexually explicit. (b)Any information that violates individual rights, including confidentiality and/or privacy rights and those provided under state, federal or local laws. (c)Any information that could compromise an ongoing investigation. (d)Any information that could tend to compromise or damage the mission, function, reputation or professionalism of the Pismo Beach Police Department or its members. (e)Any information that could compromise the safety and security of department operations, members of the Department, victims, suspects or the public. (f)Any content posted for personal use. (g)Any content that has not been properly authorized by this policy or a supervisor. Any member who becomes aware of content on this department’s social media site that he/she believes is unauthorized or inappropriate should promptly report such content to a supervisor. The supervisor will ensure its removal from public view and investigate the cause of the entry. Pismo Beach Police Department Pismo Beach PD Policy Manual Department Use of Social Media Copyright Lexipol, LLC 2020/07/16, All Rights Reserved. Published with permission by Pismo Beach Police Department Department Use of Social Media - 343 389.5.1 PUBLIC POSTING PROHIBITED Department social media sites shall be designed and maintained to prevent posting of content by the public. The Department may provide a method for members of the public to contact department members directly. 389.6 MONITORING CONTENT The Chief of Police will appoint a supervisor to review, at least annually, the use of department social media and report back on, at a minimum, the resources being used, the effectiveness of the content, any unauthorized or inappropriate content and the resolution of any issues. 389.7 RETENTION OF RECORDS The Administration Division Commander should work with the Custodian of Records to establish a method of ensuring that public records generated in the process of social media use are retained in accordance with established records retention schedules. 389.8 TRAINING Authorized members should receive training that, at a minimum, addresses legal issues concerning the appropriate use of social media sites, as well as privacy, civil rights, dissemination and retention of information posted on department sites. Policy 390 Pismo Beach Police Department Pismo Beach PD Policy Manual Copyright Lexipol, LLC 2020/07/16, All Rights Reserved. Published with permission by Pismo Beach Police Department Gun Violence Restraining Orders - 344 Gun Violence Restraining Orders 390.1 PURPOSE AND SCOPE The purpose of this policy is to provide guidelines for petitioning and serving gun violence restraining orders and accounting for the firearms obtained pursuant to those orders (Penal Code § 18108). 390.1.1 DEFINITIONS Definitions related to this policy include: Gun violence restraining order - Civil restraining order prohibiting a named person from controlling, owning, purchasing, possessing, receiving, or otherwise having custody of any firearms or ammunition, including an ammunition magazine (Penal Code § 18100). 390.2 POLICY It is the policy of the Pismo Beach Police Department to petition and serve gun violence restraining orders in compliance with state law and to properly account for firearms and ammunition obtained by the Department pursuant to such orders. 390.3 GUN VIOLENCE RESTRAINING ORDERS An officer who reasonably believes a person is a present danger to him/herself or another person by controlling, owning, purchasing, possessing, receiving, or otherwise having custody of a firearm may request permission from his/her supervisor to petition the court for a gun violence restraining order. Officers petitioning the court should use the forms established by the Judicial Council (Penal Code § 18105). The petition should describe the number, types, and locations of any firearms and ammunition that the officer believes to be possessed or controlled by the person (Penal Code § 18107). The petition should also describe why less-restrictive alternatives are ineffective or inadequate for the circumstances (Penal Code § 18125; Penal Code § 18150; Penal Code § 18175). If it is not practical under the circumstances to submit a written petition, an officer may orally request an order, and then prepare and sign a declaration under penalty of perjury that recites the oral statements provided to the judicial officer and memorialize the order of the court on the appropriate Judicial Council form (Penal Code § 18140). 390.3.1 ADDITIONAL CONSIDERATIONS Officers should also consider requesting permission to petition the court for a gun violence restraining order (Penal Code § 18108): (a)When responding to a domestic disturbance where the residence is associated with a firearm registration or record. (b)When responding to any call or incident when a firearm is present or when one of the involved parties owns or possesses a firearm. Pismo Beach Police Department Pismo Beach PD Policy Manual Gun Violence Restraining Orders Copyright Lexipol, LLC 2020/07/16, All Rights Reserved. Published with permission by Pismo Beach Police Department Gun Violence Restraining Orders - 345 (c)During a contact with a person exhibiting mental health issues, including suicidal thoughts, statements, or actions if that person owns or possesses a firearm. Officers should consider obtaining a mental health evaluation if the encounter involves a situation where there is a reasonable cause to believe that the person poses an immediate and present danger of causing personal injury to themselves or another person by having custody or control of a firearm (see the Mental Illness Commitments Policy) (Penal Code § 18108). 390.4 SERVICE OF GUN VIOLENCE RESTRAINING ORDERS An officer serving any gun violence restraining order shall: (a)Verbally ask the subject of the order if he/she has any firearm, ammunition, or magazine in his/her possession or under his/her custody or control (Penal Code § 18160). (b)Request that any firearms or ammunition be immediately surrendered and issue a receipt for the surrendered items (Penal Code § 18120). (c)Take into temporary custody any firearm or other deadly weapon discovered in plain view or pursuant to consent or other lawful search (Penal Code § 18250). (d)Inform the restrained person of any scheduled hearing regarding the order (Penal Code § 18160). (e)Transmit the original proof of service form to the issuing court as soon as practicable but within one business day (Penal Code § 18115). (f)As soon as practicable, but by the end of his/her shift, submit proof of service to the Support Services Supervisor for prompt entry into the California Restraining and Protective Order System (Penal Code § 18115). The officer should also inform the restrained person that he/she is required, within 24 hours, to surrender to a law enforcement agency any other firearms and ammunition he/she owns or that are in his/her custody or control or sell them to a firearms dealer. This notification should be documented. All firearms and ammunition collected shall be handled and booked in accordance with the Property and Evidence Policy. 390.4.1 SERVICE OF ORAL GUN VIOLENCE RESTRAINING ORDERS If a gun violence restraining order is obtained orally, the officer shall (Penal Code § 18140): (a)Serve the order on the restrained person in the manner outlined above, if the restrained person can reasonably be located. (b)File a copy of the order with the court as soon as practicable after issuance. (c)Ensure the order is provided to the records bureau for entry into the computer database system for protective and restraining orders maintained by the Department of Justice. Pismo Beach Police Department Pismo Beach PD Policy Manual Gun Violence Restraining Orders Copyright Lexipol, LLC 2020/07/16, All Rights Reserved. Published with permission by Pismo Beach Police Department Gun Violence Restraining Orders - 346 390.5 SEARCH WARRANTS If a person who has been served with a gun violence restraining order refuses to surrender any firearm or ammunition, the officer should consider whether to seek a search warrant. If a search warrant is to be obtained, the preparation and service of the search warrant shall be done in accordance with the Warrant Service Policy. Additionally, (Penal Code § 1542.5): (a)The officer serving the warrant shall take custody of any firearm or ammunition that is controlled, possessed or owned by the person who is the subject of the gun violence restraining order, including any discovered pursuant to the warrant, a consensual search or other lawful search. (b)If the location being searched is jointly occupied and the firearm or ammunition is owned by a person other than the restrained person, the firearm or ammunition should not be seized if the following conditions are met: 1.The firearm or ammunition can be stored in a manner that does not allow the restrained person to have control or access. 2.There is no evidence that the owner unlawfully possesses the firearm or ammunition. (c)If a locked gun safe belonging to someone other than the subject of a gun violence restraining order is discovered, the officer shall not search the contents of the safe unless the owner consents or there is a valid search warrant for the safe. Any search of the safe must be done in the owner’s presence. 390.6 SUPPORT SERVICES SUPERVISOR RESPONSIBILITIES The Support Services Supervisor is responsible for ensuring: (a)Proof of service of any gun violence restraining order served by an officer or received from the clerk of the court is entered in the computer database system for protective and restraining orders maintained by the Department of Justice within one business day of service if served by an officer, or within one business day of receipt of proof of service if served by a person other than a law enforcement officer (Penal Code § 18115). (b)Oral orders are entered into the California Restraining and Protective Order System (Penal Code § 18140). (c)Copies of receipts of surrendered firearms or ammunition issued by other agencies for gun violence restraining orders issued by the Department are properly maintained (Penal Code § 18120). (d)Any relinquishment of firearm rights form received from the court is entered into the California Restraining and Protective Order System within one business day of receipt (Penal Code § 18115). 390.7 COURT-ORDERED FIREARMS AND AMMUNITION SURRENDERS Authorized members shall accept firearms and ammunition from any individual who is the subject of a gun violence restraining order. The member receiving any firearm or ammunition shall: Pismo Beach Police Department Pismo Beach PD Policy Manual Gun Violence Restraining Orders Copyright Lexipol, LLC 2020/07/16, All Rights Reserved. Published with permission by Pismo Beach Police Department Gun Violence Restraining Orders - 347 (a)Record the individual’s name, address and telephone number. (b)Record the serial number of the firearm. (c)Prepare an incident report and property report. (d)Provide a property receipt to the individual who surrendered the firearms and ammunition. (e)Package and submit the firearms and ammunition in accordance with the Property and Evidence Policy. 390.8 RELEASE OF FIREARMS AND AMMUNITION 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 Penal Code § 18120 and the Property and Evidence Policy. 390.9 GUN VIOLENCE RESTRAINING ORDER COORDINATOR The Chief of Police will appoint a gun violence restraining order coordinator. The responsibilities of the coordinator include: (a)Developing and maintaining procedures for the filing of a petition for an order or a renewal of an order by department members, also including procedures for requesting and serving (Penal Code § 18108): 1.A temporary emergency gun violence restraining order. 2.An ex parte gun violence restraining order. 3.A gun violence restraining order issued after notice and hearing. (b)Developing and maintaining factors to consider when assessing the need to seek an order, including: 1.Whether threats have been made, and if so, whether the threats are credible and specific. 2.Whether the potential victim is within close proximity. 3.Whether the person has expressed suicidal tendencies. 4.Whether the person has access to firearms. 5.The criminal history of the person, in particular any history of criminal violence, including whether the person is currently on parole, probation, or monitored release. 6.The mental health history of the person, in particular whether the person has any history of mental illness or has ever been detained for being a danger to themselves or others. 7.Any upcoming holidays, anniversaries, or other dates of significance that may serve as a trigger for the person, such as the death of a family member. 8.Whether the person has any history of drug or alcohol abuse. Pismo Beach Police Department Pismo Beach PD Policy Manual Gun Violence Restraining Orders Copyright Lexipol, LLC 2020/07/16, All Rights Reserved. Published with permission by Pismo Beach Police Department Gun Violence Restraining Orders - 348 (c)Developing and maintaining procedures for the receipt and service of orders consistent with the requirements of Penal Code § 18115; Penal Code § 18120; Penal Code § 18135; Penal Code § 18140; and Penal Code § 18160. Procedures should include: 1.Evaluation of an order to determine appropriate service and necessary precautions (see the Warrant Service Policy and the Operations Planning and Deconfliction Policy). 2.Forwarding orders to the Support Services Supervisor for recording in appropriate databases and required notice to the court, as applicable. 3.Preparing or obtaining a search warrant prior to attempting service of an order, when appropriate (Penal Code § 18108). 4.Seizure procedures of firearms and ammunition at the time of issuance of a temporary emergency gun violence restraining order. 5.Verification procedures for the removal of firearms and ammunition from the subject of a gun violence restraining order. (d)Coordinating with the Training Manager to provide officers who may be involved in petitioning for or serving orders with training on such orders. Training should include determining when a petition is appropriate, the process for seeking an order, and the service of such orders. (e)Reviewing each petition and any associated court documents for an order prepared by members, for compliance with this policy, department procedures, and state law. (f)Developing and maintaining procedures for members to accept voluntarily surrendered prohibited items at times other than when an order is being served by the Department. 1.Procedures should include preparing and providing a receipt identifying all prohibited items to the person surrendering the items. (g)Coordinating review of notices of court hearings and providing notice to the appropriate officer of the hearing date and the responsibility to appear (Penal Code § 18108). 390.10 RENEWAL OF GUN VIOLENCE RESTRAINING ORDERS The Investigative Bureau supervisor is responsible for the review of a gun violence restraining order obtained by the Department to determine if renewal should be requested within the time prescribed by law (Penal Code § 18190). 390.11 POLICY AVAILABILITY The Chief of Police or the authorized designee shall be responsible for making this policy available to the public upon request (Penal Code § 18108). 390.12 TRAINING The Training Manager should ensure that members receive periodic training on the requirements of this policy (Penal Code § 18108). Pismo Beach Police Department Pismo Beach PD Policy Manual Copyright Lexipol, LLC 2020/07/16, All Rights Reserved. Published with permission by Pismo Beach Police Department Patrol Operations - 349 Chapter 4 - Patrol Operations Policy 400 Pismo Beach Police Department Pismo Beach PD Policy Manual Copyright Lexipol, LLC 2020/07/16, All Rights Reserved. Published with permission by Pismo Beach Police Department Patrol Function - 350 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 POLICY The Pismo Beach 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. 400.3 FUNCTION Patrol will generally be conducted by uniformed officers in clearly marked law enforcement vehicles in assigned jurisdictional areas of Pismo Beach. 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. 400.4 INFORMATION SHARING To the extent feasible, all information relevant to the mission of the Department should be shared among all divisions 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 divisions or specialized units. Pismo Beach Police Department Pismo Beach PD Policy Manual Patrol Function Copyright Lexipol, LLC 2020/07/16, All Rights Reserved. Published with permission by Pismo Beach Police Department Patrol Function - 351 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 divisions. 400.4.1 TERRORISM It is the goal of the Pismo Beach Police Department to make every reasonable effort to accurately and appropriately gather and report any information that may relate to either foreign or domestic terrorism. Officers should advise a supervisor as soon as practicable of any activity believed to be terrorism related and should document such incidents with a written report. The supervisor should ensure that all terrorism related reports are forwarded to the Investigation Bureau Supervisor in a timely fashion. 400.4.2 CRIME ANALYSIS UNIT The Crime Analysis Unit will be the central unit for information exchange. Criminal information and intelligence reports can be submitted to the Records Bureau for distribution to all divisions within the Department through special bulletins. 400.4.3 PATROL BRIEFINGS Patrol Supervisors, Detective Sergeant, Detectives and Special Unit Officers are encouraged to share information as much as possible. All supervisors and/or officers will be provided an opportunity to share information at the daily patrol briefings as time permits. CALEA 12.1.4CALEA 15.3.1CALEA 41.1.2CALEA 82.2.4 A briefing Book and information clipboards will be maintained in the briefing room and will be available for review by officers from all divisions within the department. The information contained in the Briefing Book or on the clipboards will include, but not be limited to Patrol checks, wanted persons, department directives, and department information. 400.5 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. Pismo Beach Police Department Pismo Beach PD Policy Manual Patrol Function Copyright Lexipol, LLC 2020/07/16, All Rights Reserved. Published with permission by Pismo Beach Police Department Patrol Function - 352 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. Policy 402 Pismo Beach Police Department Pismo Beach PD Policy Manual Copyright Lexipol, LLC 2020/07/16, All Rights Reserved. Published with permission by Pismo Beach Police Department Bias-Based Policing - 353 Bias-Based Policing 402.1 PURPOSE AND SCOPE This policy provides guidance to department members that affirms the Pismo Beach 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). 402.1.1 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). 402.2 POLICY The Pismo Beach 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. 402.3 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. 402.3.1 CALIFORNIA RELIGIOUS FREEDOM ACT Members shall not collect information from a person based on religious belief, practice, affiliation, national origin or ethnicity unless permitted under state or federal law (Government Code § 8310.3). Members shall not assist federal government authorities (Government Code § 8310.3): (a)In compiling personal information about a person’s religious belief, practice, affiliation, national origin or ethnicity. (b)By investigating, enforcing or assisting with the investigation or enforcement of any requirement that a person register with the federal government based on religious belief, practice, or affiliation, or national origin or ethnicity. Pismo Beach Police Department Pismo Beach PD Policy Manual Bias-Based Policing Copyright Lexipol, LLC 2020/07/16, All Rights Reserved. Published with permission by Pismo Beach Police Department Bias-Based Policing - 354 402.4 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. 402.4.1 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. 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. 402.4.2 REPORTING TRAFFIC STOPS Each time an officer makes a traffic stop, the officer shall report any information required in the Traffic Function and Responsibility Policy. 402.5 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. Pismo Beach Police Department Pismo Beach PD Policy Manual Bias-Based Policing Copyright Lexipol, LLC 2020/07/16, All Rights Reserved. Published with permission by Pismo Beach Police Department Bias-Based Policing - 355 402.6 ADMINISTRATION Each year, the Operations Division 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. 402.7 ANNUAL ADMINISTRATIVE REVIEW The Support Services/Administrative Commander shall conduct an annual administrative review of any citizen concerns/complaints regarding biased based profiling. This will include an analysis of any IA's alleging biased based police practices. This review shall also consist of statistical data relating to traffic stops, field contacts and arrests. The review will include any changes or updates in state mandated training and document department compliance. This annual review will be forwarded to the Chief of Police. CALEA 1.2.9 d 402.8 TRAINING Training on fair and objective policing and review of this policy should be conducted as directed by the Training Bureau. (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)). 402.9 REPORTING TO CALIFORNIA DEPARTMENT OF JUSTICE The Internal Affairs Unit 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 Support Services Supervisor for required reporting to the DOJ (Penal Code § 13012; Penal Code § 13020). See the Records Bureau Policy. Policy 403 Pismo Beach Police Department Pismo Beach PD Policy Manual Copyright Lexipol, LLC 2020/07/16, All Rights Reserved. Published with permission by Pismo Beach Police Department Second Party Response - 356 Second Party Response 403.1 PURPOSE AND SCOPE The purpose of this policy is to set forth procedures and guidelines for the recovery of costs incurred in making a second and/or subsequent police response to "disturbance" calls which violate Penal Code § 415 or applicable City Ordinances. A "Second Response" is defined as any police response to handle a "disturbance" call within twelve (12) hours of a prior response to the same location. The policy of the Pismo Beach Police Department is to promptly respond to all reports of noise disturbance violations and to recover costs for second and subsequent responses. 403.2 PROCEDURE Written Notice to Potential Violators (First Response). (a)Upon a first response to a complaint of a party or gathering, the officer(s) will determine the identity of the "responsible person" who is defined as follows: 1.The person who owns the property where the disturbance of the peace is occurring or; 2.The person in charge of the premises where the disturbance is occurring or; 3.The person who organized the event which is causing the disturbance of the peace. If it is determined that the "responsible person" is a minor, then the parents or guardians of such minor will be jointly and severally liable to the City for costs incurred in a second response. (b)After discussing with the "responsible person" the nature of the call, the officer will serve that person a "Notice of Violation - First Response". (c)The officer will explain to the responsible person(s) of their liability for city personnel and equipment costs for each subsequent response to the party or gathering. (d)The officer will notify dispatch that a Notice of Violation - First Response was issued and that a second response will constitute a cost recovery incident. (e)In the event it is necessary to make a second response, Dispatch will notify responding officers that this is a cost recovery incident. The primary responding officer will, on conclusion of handling the second response, prepare a brief Officer's Report indicating the nature of the incident, the fact that it was a second response, and the disposition. In the event the second response results in an arrest(s), then this information may simply be included in the arrest report. The officer will also complete an Emergency Response Cost Statement and attached it to the report. (f)The Watch Commander will review the Statement for accuracy and forward it along with any reports to the Records Section. Pismo Beach Police Department Pismo Beach PD Policy Manual Second Party Response Copyright Lexipol, LLC 2020/07/16, All Rights Reserved. Published with permission by Pismo Beach Police Department Second Party Response - 357 403.2.1 COST RECOVERY PROCESS (a)The Records Section will forward the completed ERC Statement along with a copy of the related police reports to the Police Administrative Secretary who will institute billing to the responsible party. (b)If there are subsequent responses to the second response, the officer will complete an ERC Statement for each response. 403.2.2 CROSS REFERENCE Pismo Beach Municipal Code Chapter 9.28. Policy 404 Pismo Beach Police Department Pismo Beach PD Policy Manual Copyright Lexipol, LLC 2020/07/16, All Rights Reserved. Published with permission by Pismo Beach Police Department Briefing Training - 358 Briefing Training 404.1 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 Interim Directives or changes in Interim Directives (d)Reviewing recent incidents for training purposes (e)Providing training on a variety of subjects CALEA 33.5.2 CALEA 41.1.2 404.2 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 CALEA 41.1.2 404.3 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 406 Pismo Beach Police Department Pismo Beach PD Policy Manual Copyright Lexipol, LLC 2020/07/16, All Rights Reserved. Published with permission by Pismo Beach Police Department Crime and Disaster Scene Integrity - 359 Crime and Disaster Scene Integrity 406.1 PURPOSE AND SCOPE The purpose of this policy is to provide guidance in handling a major crime or disaster. CALEA 42.2.1 CALEA 46.1.4 406.2 POLICY It is the policy of the Pismo Beach 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. 406.3 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. 406.4 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. Pismo Beach Police Department Pismo Beach PD Policy Manual Crime and Disaster Scene Integrity Copyright Lexipol, LLC 2020/07/16, All Rights Reserved. Published with permission by Pismo Beach Police Department Crime and Disaster Scene Integrity - 360 406.5 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. 406.5.1 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. 406.6 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 407 Pismo Beach Police Department Pismo Beach PD Policy Manual Copyright Lexipol, LLC 2020/07/16, All Rights Reserved. Published with permission by Pismo Beach Police Department Homeland Security - 361 Homeland Security 407.1 PURPOSE AND SCOPE (a)To establish procedures for reporting and relaying terrorism related intelligence/ information. (b)To provide all employees of the Pismo Beach Police Department with awareness level guidelines for events involving chemical, biological, radiological, nuclear weapons (CBRN), and hazardous materials. (c)To identify first responder CBRN equipment. 407.2 PROCEDURES (a)The Criminal Intelligence Detective is the department's liaison for Homeland Security related issues and maintains liaison with other organizations for the exchange of information related to terrorism and is responisble for disseminating information to the appropriate levels within the department. CALEA 46.3.1 (b)Any officer receiving intelligence/information concerning possible terrorism activities will immediately notify the Watch Commander and complete a Police Report. The Watch Commander will determine the validity of the information and the appropriate response from the department. This may include notification of the Operations Division Commander, notification of the Criminal Intelligence Detective, notification of other local law enforcement agencies, or the appropriate state and federal agencies. (CALEA 46.3.2) (c)The Pismo Beach Police Deartment's website provides a link to the Homeland Security website for current terrorism information. (CALEA 46.3.3) 407.3 HOMELAND SECURITY ADVISORY SYSTEM DEFINITIONS •SEVERE - Severe Risk of Terrorist Attacks •HIGH - High Risk of Terrorist Attacks •ELEVATED - Significant Risk of Terrorist Attacks •GUARDED - General Risk of Terrorist Attacks •LOW - Low Risk of Terrorist Attacks The higher the threat condition, the greater the risks of a terrorist attack. Risk includes both the probabilities of an attack occurring and its potential gravity. 407.4 AWARENESS LEVEL GUIDELINES (a)Chemical Attacks Pismo Beach Police Department Pismo Beach PD Policy Manual Homeland Security Copyright Lexipol, LLC 2020/07/16, All Rights Reserved. Published with permission by Pismo Beach Police Department Homeland Security - 362 1.Chemical agents are poisonous vapors, aerosols, liquids, and solids that have toxic effects on people, animals, or plants. They can be released by bombs or sprayed from aircraft, boats, and vehicles. They can be used as a liquid to create a hazard to people and the environment. Some chemical agents may be odorless and tasteless. They can have an immediate effect (a few seconds to a few minutes) or a delayed effect (2 to 48 hours). While potentially lethal, chemical agents are difficult to deliver in lethal concentrations. Outdoors, the agents often dissipate rapidly. Chemical agents also are difficult to produce. (a)A chemical attach could come without warning. Signs of a chemical release include 1.people having difficulty breathing; 2.experiencing eye irritation; 3.losing coordination; 4.becoming nauseated; 5.or having a burning sensation in the nose, throat, and lungs. (b)Also, the presence of many dead insects or birds may indicate a chemical agent release. CALEA 46.3.4 407.4.1 CHEMICAL AGENT DECONTAMINATION GUIDELINES Decontamination is needed within minutes of exposure to minimize health consequences. A person affected by a chemical agent requires immediate medical attention from a professional. If medical help is not immediately available, decontaminate yourself and assist in decontaminating others. Use extreme caution when helping others who have been exposed to chemical agents. When possible: •Remove all clothing and other items in contact with the body. Contaminated clothing normally removed over the head should be cut off to avoid contact with the eyes, nose, and mouth. Put contaminated clothing and items into a plastic bag and seal it. Decontaminate hands using soap and water. Remove eyeglasses or contact lenses. Put glasses in a pan of household bleach to decontaminate them, and then rinse and dry. •Flush eyes with water. •Gently wash face and hair with soap and water before thoroughly rinsing with water. •Decontaminate other body areas likely to have been contaminated. Blot (do not swab or scrape) with a cloth soaked in soapy water and rinse with clear water. Pismo Beach Police Department Pismo Beach PD Policy Manual Homeland Security Copyright Lexipol, LLC 2020/07/16, All Rights Reserved. Published with permission by Pismo Beach Police Department Homeland Security - 363 •Change into uncontaminated clothes. Clothing stored in drawwers or closets is likely to be uncontaminated. Proceed to a medical facility for screening and professional treatment. CALEA 46.3.4 407.4.2 BIOLOGICAL ATTACKS (a)Biological agents are organisms or toxins that can kill or incapacitate people, livestock, and crops. The three basic groups of biological agents that would likely be used as weapons are bacteria, viruses, and toxins. Most biological agents are difficult to grow and maintain. Many break down quickly when exposed to sunlight and other environmental factors, while others, such as anthrax spores, are very long lived. Biological agents can be dispersed by spraying them into the air, by infecting animals that carry the disease to humans, and by contaminating food and water. Delivery methods include: 1.Aerosols - biological agents are dispersed into the air, forming a fine mist that may drift for miles. Inhaling the agent may cause disease in people or animals. 2.Animals - some diseases are spread by insects and animals, such as fleas, mice, flies, mosquitoes, and livestock. 3.Food and water contamination - some pathogenic organisms and toxins may persist in food and water supplies. Most microbes can be killed, and toxins deactivated, by cooking food and boiling water. Most microbes are killed by boiling water for one minute, but some require longer. Follow official instructions. 4.Person-to-person - spread of a few infectious agents is also possible. Humans have been the source of infection for smallpox, plague, and the Lassa viruses. (b)If you become aware of an unusual and suspicious substance nearby; 1.Move away quckly. 2.When possible: Wash with soap and water. 3.Contact CALFIRE for Haz-Mat Team response. 4.Seak medical attention if you become sick. CALEA 46.3.4 (c)If you are exposed to a biological agent: 1.When possible: Remove and bag your clothes and personal items. Follow official instructions for disposal of contaminated items. 2.When possible: Wash yourself with soap and water and put on clean clothes. 3.Seek medical assistance. You may be advised to stay away from others or even quarantined. CALEA 46.3.4 Pismo Beach Police Department Pismo Beach PD Policy Manual Homeland Security Copyright Lexipol, LLC 2020/07/16, All Rights Reserved. Published with permission by Pismo Beach Police Department Homeland Security - 364 407.4.3 RADIOLOGICAL ATTACKS (a)Terrorist use of a Radiological Dispersion Device (RDD) - often called "dirty nuke" or "dirty bomb" - is considered far more likely than use of a nuclear explosive device. An RDD combines a conventional explosive device - such as a bomb - with radioactive material. It is designed to scatter dangerous and sub-lethal amounts of radioactive material over a general area. Such RDD's appeal to terrorists because they require limited technical knowledge to build and deploy compared to a nuclear device. Also, the radioactive materials in RDDs are widely used in medicine, agriculture, industry, and research, and are easier to obtain than weapons grade uranium or plutonium. 1.The primary purpose of terrorist use of an RDD is to cause psychological fear and economic disruption. Some devices could cause fatalities from exposure to radioactive materials. Depending on the speed at which the area of the RDD detonation was evacuated or how successful people were at sheltering-in-place, the number of deaths and injuries from an RDD might not be substantially greater than from a conventional bomb explosion. 2.The size of the affected area and the level of destruction caused by an RDD would depend on the sophistication and size of the conventional bomb, the type of radioactive material, and the local meteorological conditions - primarily wind and precipitation. The area affected could be placed off-limits to the public for several months during cleanup efforts. (b)While the explosive blast will be immediately obvious, the presence of radiation will not be known until trained personnel with specialized equipment are on the scene. It would be safer to assume radiological contamination has occurred - particularly in an urban setting or near other likely terrorist targtets - and take the proper precautions. As with any radiation, avoid or limit exposure. This is particularly true of inhaling radioactive dust that results from the explosion. As you seek shelter from any location (indoors or outdoors) and there is visual dust or other contaminants in the air, breathe through the cloth of your shirt or coat to limit you exposure. If you manage to avoid breathing radioactive dust, your proximity to the radioactive particles may still result in some radiation exposure. 1.If the explosion or radiological release occurs inside, get out immediately and seek safe shelter. CALEA 46.3.4 (c)Contamination from an RDD event could affect a wide area, depending on the amount of conventional explosives used, the quantity and type of radioactive material released, and meteorological conditions. Thus, radiation dissipation rates vary, but radiation from an RDD will likely take longer to dissipate due to a potentially larger localized concentration of radioactive material. CALEA 46.3.4 Pismo Beach Police Department Pismo Beach PD Policy Manual Homeland Security Copyright Lexipol, LLC 2020/07/16, All Rights Reserved. Published with permission by Pismo Beach Police Department Homeland Security - 365 407.4.4 NUCLEAR ATTACKS (a)A nuclear blast is an explosion with intense light and heat, a damaging pressure wave, and widespread radioactive material that can contaminate the air, water, and ground surfaces for miles around. A nuclear device can range from a weapon carried by an intercontenental missle launched by a hostile nation or terrorist organization, to a small protable nuclear device transported by an individual. All nuclear devices cause deadly effects when exploded, including blinding light, intense heat (thermal radiation), initial nuclear radiation, blast, fires started by the heat pulse, and secondary fires caused by the destruction. (b)Hazards of Nuclear Devices 1.The extent, nature, and arrival time of these hazards are difficult ot predict. The geographical dispersion of hazard effects will be defined by the following: (a)Size of the device. A more powerful bomb will produce more distant effects. (b)Height above the ground the device was detonated. This will determine the extent of blast effects. (c)Nature of the surface beneath the explosion. Some materials are more likely to become radioactive and airborne than others. Flat areas are more susceptible to blast effects. (d)Existing meteorological conditions. Wind speed and direction will affect arrival time of fallout; precipitation may wash fallout from the atmosphere. (c)Radioactive Fallout (a)Even if individuals are not close enough to the nuclear blast to be affected by the direct impacts, they may be affected by radioactive fallout. Any nuclear blast results in some fallout. Blasts that occur near the earth's surface create much greater amounts of fallout than blasts that occur at higher altitudes. This is because the tremendous heat produced from a nuclear blast causes an up- draft of air that forms the familiar mushroom cloud. When a blast occurs near the earth's surface, millions of vaporized dirt particles also are drawn into the cloud. As the deat diminishes, radioactive materials that have vaporized condense on the particles and fall back to Earth. The phenomenon is called radioactive fallout. The fallout material decays over a long period of time, and is the main source of residual nuclear radiation. (b)Fallout from a nuclear explosion may be carried by wind currents for hundreds of miles if the right conditions exist. Effects from even a small portable device exploded at ground level can be potentially deadly. (c)Nuclear radiation cannot be seen, smelled, or otherwise detected by normal senses. Radiation can only be detected by radiation monitoring devices. This Pismo Beach Police Department Pismo Beach PD Policy Manual Homeland Security Copyright Lexipol, LLC 2020/07/16, All Rights Reserved. Published with permission by Pismo Beach Police Department Homeland Security - 366 makes radiological emergencies different from other types of emergencies, such as floods or hurricanes. Monitoring can project the fallout arrival times, which will be announced through official warning channels. However, any increase in surface build-up of gritty dust and dirt should be a warning for taking protective measures. (d)In addition to other effects, a nuclear weapon detonated in or above the earth's atmosphere can create an electromagnetic pulse (EMP), a high-density electrical field. An EMP acts like a stroke of lightining but is stronger, faster, and shorter. An EMP can seriously damage electronic devices connected to power sources or antennas. This includes communication systems, computers, electrical appliances, and automobile or aircraft ignigion systems. The damage could range from a minor interruption to actual burnout of components. Most electronic equipment within 1,000 miles of a high-altitude nuclear detonation could be affected. Battery-powered radios with short antennas generally would not be affected. Although an EMP is unlikely to harm most people, it could harm those with pacemakers or other implanted electronic devices. (d)The following are guidelines for what to do in the event of a nuclear explosion: (a)Take cover as quickly as you can, below ground if possible, and stay there until instructed to do otherwise. (b)Listen for official information and follow instructions. (c)Do not look at the flash or fireball - it can blind you. (d)Take cover behind anything that might offer protection. (e)Lie flat onthe ground and cover your heard. If the explosion is some distance away, it could take 30 seconds or more for the blast wave to hit. (f)Take shelter as soon as you can, even if you are many miles from ground zero where the attack occurred - radioactive fallout can be carried by the winds for hundreds of miles. Remember the three protective rfactors: Distance, shielding, and time. CALEA 46.3.4 (e)Decay rates of the radioactive fallout are the same for any size nuclear device. However, the amount of fallout will vary based on the size of the device and its proximity to the ground. Therefore, it might be necessary for those in the areas with highest radiation levels to shelter for up to a month. (a)The heaviest fallout would be limited to the area at or downwind from the explostion, and 80 percent of the fallout would occur during the first 24 hours. (b)People in most of the areas that would be affected could be allowed to come out of shelter within a few days and, if necessary, evacuate to unaffected areas. Pismo Beach Police Department Pismo Beach PD Policy Manual Homeland Security Copyright Lexipol, LLC 2020/07/16, All Rights Reserved. Published with permission by Pismo Beach Police Department Homeland Security - 367 (f)The danger of a massive strategic nuclear attach on the United States is predicted by experts to be less likely today. However, terrorism, by nature, is upredictable. (a)If there were thread of an attach, people living near potential targets could be advised to evacuate or they could decide on their own to evacuate to an area not considered a likely target. Protection from radioactive fallout would require taking shelter in an underground area or in the middle of a large building. In general, potential targets include: (a)Strategic missle sites and military bases. (b)Centers of government such as Washington, DC, and state capitals. (c)Important transportation and communications centers. (d)Manufacturing, industrial, technology, and financial centers. (e)Petroleum refineries, electrical power plants, and chemical plants. (f)Major ports and airfields. (b)The three factors for protecting oneself from radiation and follout are distance, shielding, and time: (a)Distance - the more distance between you and the fallout particles, the better. An underground area such as a home or office building basement offers more protection than the first floow of a building. A floor near the middle of a highrise may be better, depending on what is nearby at that level or which significant fallout particles would collect. Flat roofs collect fallout particles so the top floor is not a good choice, nor is a floor adjacent to a neighboring flat roof. (b)Shielding - the heavier and denser the materials - thich walls, concrete, bricks, books and earth - between you and the fallout particles, the better. (c)Time - fallout radiation loses its intensity fairly rapidly. In time, you will be able to leave the fallout shelter. Radioactive fallout poses the greatest threat to people during the first two weeks, by which time it has declined to about 1 percent of its initial radiation level. (c)Remember that any protection, however temporary, is better than none at all, and the more shielding, distance, and time you can take advantage of, the better. 407.4.5 HAZARDOUS MATERIALS Agency response to incidents involving other hazardous materials will be accomplished per General Order 412. Each patrol vehicle is issued a current Emergency Response Gidebook for first responders use during the initial phase of dangerous good/hazardous materials incidents. As incidents involving these materials occur, officers will refer to this guidebook to determine the Pismo Beach Police Department Pismo Beach PD Policy Manual Homeland Security Copyright Lexipol, LLC 2020/07/16, All Rights Reserved. Published with permission by Pismo Beach Police Department Homeland Security - 368 correct response. Response ot these incidents will also be made in cooperation and coordination with CALFIRE. CALEA 46.3.4 407.5 EQUIPMENT All equipment utilized by the Pismo Beach Police Department will meet the standard for the U.S. Department of Homeland Security's Science and Technology Division standards for first responder CBRN equipment. CALEA 46.3.4 Policy 408 Pismo Beach Police Department Pismo Beach PD Policy Manual Copyright Lexipol, LLC 2020/07/16, All Rights Reserved. Published with permission by Pismo Beach Police Department S.W.A.T. Team - 369 S.W.A.T. Team 408.1 PURPOSE AND SCOPE The California State legislature directed the Commission on Peace Officer Standards and Training (POST) in conjunction with the State of California Attorney General's Office to developed guidelines and training recommendations for police agencies having Special Weapons and Tactics (SWAT) Teams. As a result of those recommendations, a regional S.W.A.T. Team comprised of officers and tactical dispatchers from multiple municipal agencies within the county of San Luis Obispo was created to meet or exceed the guidelines and recommendations. The Pismo Beach Police Department participates in The San Luis Obispo County Regional S.W.A.T. Team through the dedication of a set number of operators from the agency. The primary responsibility of the Special Weapons and Tactics Team is to provide a tactical response to critical incidents. Through the use of developed skills, tactics, and specialized equipment/capabilities the Regional S.W.A.T. Team will manage critical incidents utilizing tactics and strategies that emphasize control, containment, resolution, and the protection of life and property. Any additional information regarding the San Luis Obispo Regional S.W.A.T. Team not covered in this policy may be located in the San Luis Obispo Regional S.W.A.T. Team Operations Manual. 408.1.1 OPERATIONAL AND ADMINISTRATIVE POLICY An operations manual shall be established and maintained by the Regional S.W.A.T. Team. Commanding Officers for each agency will be responsible for the update, review, maintenance and training of the manual (see SLO Regional S.W.A.T. operations manual). 408.2 SELECTION OF PERSONNEL If a vacancy exists, Members of the Pismo Beach Police Department desiring to fill one of the dedicated positions to the San Luis Obispo County Regional S.W.A.T. Team shall follow the guidelines set forth in the S.W.A.T. operations manual (4.01) will govern the selection process for Regional S.W.A.T. Team members. Applicants must pass each phase of the selection process to be further considered. Each agency will conduct team member selection/s independently whenever an opening/s exists within that agency. CALEA 46.2.2 408.3 APPROPRIATE SITUATIONS FOR USE OF SLO REGIONAL S.W.A.T. The following are incidents that may indicate the need for activation of the SLO County Regional S.W.A.T. (a)Barricaded suspects who refuse an order to surrender; (b)Incidents where hostages are taken; (c)Cases of suicide threats; (d)Arrests of dangerous persons; Pismo Beach Police Department Pismo Beach PD Policy Manual S.W.A.T. Team Copyright Lexipol, LLC 2020/07/16, All Rights Reserved. Published with permission by Pismo Beach Police Department S.W.A.T. Team - 370 (e)Any situation that could enhance the ability to preserve life, maintain social order, and ensure the protection of property. 408.4 MOBILIZATION OF SLO REGIONAL S.W.A.T. The On-Duty Watch Commander shall contact the Operations Commander to request authorization to activate the SLO County Regional S.W.A.T. Team. If the Operations Commander is unavailable the next member of command staff shall be contacted for authorization. The watch commander will then contact the SLO Regional S.W.A.T. Commander and request activation. CALEA 46.2.1 b The Watch Commander should advise the S.W.A.T. Commander as follows: (a)Type of Incident (b)The number of suspects, known weapons and resources; (c)If the suspect is in control of hostages; (d)If the suspect is barricaded; (e)The type of crime involved; (f)If the suspect has threatened or attempted suicide; (g)The location of the command post and a safe approach to it; (h)The extent of any perimeter and the number of officers involved; and (i)Any other important facts critical to the immediate situation and whether the suspect has refused an order to surrender. 408.5 FIELD UNIT RESPONSIBILITIES While waiting for the S.W.A.T. Team to arrive, field personnel should, if safe and practical: (a)Establish an inner and outer perimeter; (b)Establish a command post outside of the inner perimeter; (c)Evacuate any injured persons or citizens in the zone of danger; (d)Attempt to establish preliminary communication with the suspect. Once S.W.A.T. has arrived, all negotiations should be halted to allow the negotiators and S.W.A.T. time to set up; (e)Be prepared to brief the S.W.A.T. Commander on the situation; and (f)Plan for, and stage, anticipated resources. CALEA 46.2.1 a Pismo Beach Police Department Pismo Beach PD Policy Manual S.W.A.T. Team Copyright Lexipol, LLC 2020/07/16, All Rights Reserved. Published with permission by Pismo Beach Police Department S.W.A.T. Team - 371 408.6 ON-SCENE COMMAND RESPONSIBILITIES Upon arrival of the S.W.A.T. Team at the scene, the Watch Commander shall brief the S.W.A.T. Commander and team supervisors of the situation and assume the role of Incident Commander until relieved by a member of higher rank from the Pismo Beach Police Department. The S.W.A.T. Commander will be responsible for the tactical portion of the operation. The Incident Commander and the S.W.A.T. Commander (or his or her designee) shall maintain communications at all times. CALEA 46.2.1 a, c 408.7 COMMUNICATION WITH S.W.A.T. PERSONNEL All of those persons who are non-S.W.A.T. personnel should refrain from any contact or interference with any member of the unit during active negotiations. Operations require the utmost in concentration by involved personnel and, as a result, no one should interrupt or communicate with S.W.A.T. Team personnel directly. All such communications shall be channeled through the Watch Commander or his or her designee. CALEA 46.2.1 c 408.8 S.W.A.T. PERSONNEL EQUIPMENT Each team member is responsible for maintaining all of his/her equipment and will bring equipment to each training exercise and call out. Team members will be issued equipment as itemized in the SLO Regional S.W.A.T. operations manual (ref. 5.02). CALEA 46.2.3 408.9 V.I.P. PROTECTION The Pismo Beach Police Department will assist outside agencies and coordinate security and protection for any VIPs or dignitaries in the City of Pismo Beach when requested. CALEA 46.2.6 408.9.1 PROCEDURES (a)In most cases the Department will receive adequate advance notice of a visit to Pismo Beach from a VIP or Dignitary Protection Agency. (b)The Pismo Beach Police Department will coordinate security measures with the outside agencies that have primary duty for protection and security of the individual(s) visiting. 1.The Operations Commander is responsible for the overall supervision of the VIP/dignitary security details and will complete or ensure the completion of the following: (a)Coordinating activities with the appropriate security agencies. (b)Holding advance site meetings with all involved agencies. (c)Coordinating planning and staffing requirements with other departments. (d)Designating a supervisor and coordinator for every security detail. (e)Determining equipment needs of assigned personnel. Pismo Beach Police Department Pismo Beach PD Policy Manual S.W.A.T. Team Copyright Lexipol, LLC 2020/07/16, All Rights Reserved. Published with permission by Pismo Beach Police Department S.W.A.T. Team - 372 (f)Coordinating advance inspections/meetings for gathering intelligence information. 2.The Detail Coordinator, when assigned, will be responsible for the following: (a)Consulting local, state and federal intelligence agencies for known or suspected personalities residing in the area who might pose a threat to the VIP/dignitary. (b)Coordinating VIP/dignitary itinerary with other adjacent law enforcement that might be affected. (c)Coordinating with the department that is the host of the VIP/dignitary. (d)Planning with C.H.P., if applicable, or other external agency, primary and alternate travel routes. (e)Inspecting buildings and concealment sites along the motorcade route and at the destination prior to the VIP/dignitary arrival. (f)Coordinating with the Fire Department for fire/rescue services and medical response. (g)Designating a hospital as primary emergency medical receiving point. (h)Assuring that all Officers assigned to VIP/dignitary duty are properly equipped with radios, and other equipment that may be needed. (i)Assuring that Officers placed at strategic points (buildings, etc.) will be equipped properly. (j)Coordinating special vehicle requirements with the VIP/dignitary escort agency insufficient time prior to arrival, if the need exists. (k)Assuring that body armor is made available to all VIP's as required. (l)Making staff assignments and briefing all involved individuals. (m)Briefing the Chief of Police and Commander on the operation throughout the initial planning stages. (c)Additional Considerations: 1.Communications (a)All department personnel assigned to plainclothes duty may be equipped with portable radios and ear listening and transmitting devices. (b)Other agencies involved, e.g. U.S. Secret Service, and Department of State, may utilize the EOC for the installation of their own radio systems. 2.Identification of Security Detail Pismo Beach Police Department Pismo Beach PD Policy Manual S.W.A.T. Team Copyright Lexipol, LLC 2020/07/16, All Rights Reserved. Published with permission by Pismo Beach Police Department S.W.A.T. Team - 373 (a)Plain clothes officers may be identified through some form of identification attached to their outermost garment, lapel pin, etc. and will have their identification card readily available. (b)Uniformed officers will wear a badge on their outer-most garment and will have their identification card readily available. 3.The coordinator will ensure that members of the Department, outside agencies, and VIPs are informed of the type of I.D. that will be used during the visit for security personnel. 4.Requests for Special Assistance (a)The need for K-9 bomb search or other required services would be coordinated through the Operations Commander. CALEA 46.2.8 Policy 409 Pismo Beach Police Department Pismo Beach PD Policy Manual Copyright Lexipol, LLC 2020/07/16, All Rights Reserved. Published with permission by Pismo Beach Police Department Special Purpose Vehicles - 374 Special Purpose Vehicles 409.1 PURPOSE AND SCOPE This policy will establish the procedures for the use and care of the Pismo Beach Department Special Purpose Vehicles. Each vehicle is unique in its use and maintenance. 409.2 TYPES OF SPECIAL VEHICLES •Canine Unit Vehicle •Police Motorcycles •Police Patrol Bicycles •Utility Terrain Vehicles • 409.2.1 CANINE UNIT VEHICLE Canine Unit Vehicles have equipment that meets the special requirements of officers using canines. Only officers working as canine handlers operate Canine Unit Vehicles. The Canine Officer uses this vehicle for routine patrol and in response to calls requiring the use of the canine. The use of the canine vehicle for any other purpose requires supervisory approval. The operation of the Canine Unit Vehicle requires no special qualifications and/or training beyond a valid California Drivers License. Canine Officers will complete a 160 hour Canine handler's course along with their canine partner. Special equipment (besides standard patrol equipment), is determined by the individual canine officer. Additionally the Canine Officer is responsible for the care and control of their animals and training equipment. For further details see Policy Manual § 318. Routine vehicle maintenance of the canine unit is coordinated through the City's Fleet Mechanic. CALEA 41.1.3 a,b,c,d 409.2.2 POLICE MOTORCYCLES Police motorcycles have equipment that meets the special requirements of officers working as uniform Traffic Enforcement Officers. Only officers working as Traffic Enforcement Officers are authorized to operate the motorcycles. Use for any other purpose requires supervisory approval. Traffic Enforcement Officers may use the motorcycles to perform their daily enforcement duties, during special events, and other special operation functions. Traffic Enforcement Officers must complete a POST Certified Police motorcycle training course before operating the motorcycle as a Traffic Enforcement Officer. Traffic Enforcement Officers are responsible for the general condition and maintenance of their assigned motorcycle. Operation of the Police motorcycle requires special qualifications and training, and a valid class CM-1 California Drivers License. Motorcycles have special safety and emergency repair Pismo Beach Police Department Pismo Beach PD Policy Manual Special Purpose Vehicles Copyright Lexipol, LLC 2020/07/16, All Rights Reserved. Published with permission by Pismo Beach Police Department Special Purpose Vehicles - 375 equipment besides other routine equipment. Routine equipment that is maintained on the Motorcycle is a Roll-a-tape, Digital Camera, Reflective Traffic Vest, First Aid Kit, Chalk and a gas card, registration and insurance information. Routine maintenance of the Department's policy motorcycles is coordinated through the City's Fleet Mechanic. CALEA 41.1.3 a,b,c,d 409.2.3 POLICE PATROL BICYCLES Police Patrol Bicycles have equipment that meets the special requirements of officers working as uniform Bicycle Patrol Officers. Only officers who have gone through the internal department bicycle patrol training course are authorized to operate the patrol bicycles per § Bicycle Patrol and Training Manual. Use for any other purpose requires supervisory approval. Officers may use the patrol bicycles to perform daily patrol duties, during special events and other special operation functions. Bicycle patrol officers are responsible for the general condition and maintenance of the patrol bicycle. These vehicles have special safety and emergency repair equipment and a first aid kit besides other routine equipment. The supervisor in charge of the DownTown Beach/Special Problems Unit (SPU) coordinates routine maintenance on the Department's Police Patrol Bicycles. CALEA 41.1.3 a,b,c,d 409.2.4 UTILITY TERRAIN VEHICLES Utility Terrain Vehicles, UTV's have equipment that meets the special requirements of officers working as uniform Beach Patrol Officers. Only officers who have gone through the internal department UTV patrol training are authorized to operate the UTV's per Policy Manual § 411. Use for any other purpose requires supervisory approval. Because the UTV's are primarily used on the beach, no mandatory equipment is stored on the vehicle. Routine maintenance of the Department's UTV's is coordinated through the City's Fleet Mechanic. CALEA 41.1.3 a,b,c,d Policy 410 Pismo Beach Police Department Pismo Beach PD Policy Manual Copyright Lexipol, LLC 2020/07/16, All Rights Reserved. Published with permission by Pismo Beach Police Department Ride-Along Policy - 376 Ride-Along Policy 410.1 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. 410.1.1 ELIGIBILITY The Pismo Beach 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 410.1.2 AVAILABILITY The Ride-Along Program is available on most days of the week, with certain exceptions. The ride-along times are from 10:00 a.m. to 11:00 p.m. Exceptions to this schedule may be made as approved by the Chief of Police, Division Commander, or Watch Commander. 410.2 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. 410.2.1 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. Pismo Beach Police Department Pismo Beach PD Policy Manual Ride-Along Policy Copyright Lexipol, LLC 2020/07/16, All Rights Reserved. Published with permission by Pismo Beach Police Department Ride-Along Policy - 377 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. Ride-along requirements for police cadets are covered in the Police Cadets Policy. 410.2.2 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. 410.2.3 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. 410.3 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 Pismo Beach Police Department). (CLETS Policies, Practices and Procedures Manual § 1.6.1,F.2.) 410.4 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 yellow form shall be returned to the Watch Commander with any comments which may be offered by the officer. 410.5 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 Pismo Beach Police Department Pismo Beach PD Policy Manual Ride-Along Policy Copyright Lexipol, LLC 2020/07/16, All Rights Reserved. Published with permission by Pismo Beach Police Department Ride-Along Policy - 378 (b)The ride-along will not become involved in any investigation, handling of evidence, discussions with victims or suspects, or handling any police equipment (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 411 Pismo Beach Police Department Pismo Beach PD Policy Manual Copyright Lexipol, LLC 2020/07/16, All Rights Reserved. Published with permission by Pismo Beach Police Department Utility Terrain Vehicle Operation - 379 Utility Terrain Vehicle Operation 411.1 PURPOSE AND SCOPE This policy will establish the procedures for the use and care of the Pismo Beach Police Department's Utility Terrain Vehicles (UTV's). The regulations contained in this policy and the use of the UTV's herein authorized comprise the limitations established by the Chief of Police. Any officer who exceeds these limitations or fails to comply with these regulations may be subject to disciplinary action unless the officer can adequately justify that the action taken was safe and necessary. The burden of such justification will be upon the officer. 411.2 PROCEDURE 411.2.1 USE OF UTV'S (a)The UTV's will be utilized primarily along the City's beaches. Only officers who have successfully completed the department's safe operation training may operate the UTV's. Operators and users of the UTV's will be accountable to the Watch Commander and Supervisors of the Watches on which they are working. (b)UTV's are not pursuit vehicles and should not be used for this purpose. Operators at all times will drive them with their own personal safety and the safety of others in mind. Generally, speeds above 15 mph are inappropriate while driving on the beaches. Because of the special capabilities of the UTV, they might serve departmental needs in other areas of the City. With the approval and direction of the Watch Commander, the UTV's may be transported to other locations for field operations, critical incidents or special details. The Watch Commander may also authorize the UTV's use in other jurisdictions for the above needs. Officers, after dismounting from the UTV, should always insure the vehicle is turned off and the key removed. These operators should not drive the UTV's on dedicated roadways in violation of Vehicle Code Sections pertaining to unregistered vehicles unless an emergency condition. CALEA 41.1.3a 411.2.2 CARE OF UTV'S UTV's will be inspected so as to be in good working order prior to being taken in the field. Any defects will be so noted and a repair request will be made. Officers will thoroughly wash down and dry the UTV's at the end of the shift. Any new damage, deficiencies or inoperative equipment acquired or noticed during the shift will be reported to the Watch Commander for corrective action. Policy 412 Pismo Beach Police Department Pismo Beach PD Policy Manual Copyright Lexipol, LLC 2020/07/16, All Rights Reserved. Published with permission by Pismo Beach Police Department Hazardous Material Response - 380 Hazardous Material Response 412.1 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. 412.1.1 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. 412.2 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. CALEA 41.2.4 (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). CALEA 41.2.4 (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). CALEA 41.2.4 CALEA 61.2.1 e 412.3 REPORTING EXPOSURE(S) Department personnel who believe that they have been exposed to a hazardous material shall immediately report the exposure to a supervisor. Each exposure shall be documented by the employee in a workers compensation packet that shall be forwarded via Chain of Command to the Commanding Officer. Should the affected employee be unable to document the exposure for any reason, it shall be the responsibility of the notified supervisor to complete the memorandum. Pismo Beach Police Department Pismo Beach PD Policy Manual Hazardous Material Response Copyright Lexipol, LLC 2020/07/16, All Rights Reserved. Published with permission by Pismo Beach Police Department Hazardous Material Response - 381 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 or incident report. 412.3.1 SUPERVISOR RESPONSIBILITY When a supervisor has been informed that an employee has been exposed to a hazardous material, he or 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 414 Pismo Beach Police Department Pismo Beach PD Policy Manual Copyright Lexipol, LLC 2020/07/16, All Rights Reserved. Published with permission by Pismo Beach Police Department Hostage and Barricade Incidents - 382 Hostage and Barricade Incidents 414.1 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. 414.1.1 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. 414.2 POLICY It is the policy of the Pismo Beach 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. 414.3 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. 414.3.1 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, Pismo Beach Police Department Pismo Beach PD Policy Manual Hostage and Barricade Incidents Copyright Lexipol, LLC 2020/07/16, All Rights Reserved. Published with permission by Pismo Beach Police Department Hostage and Barricade Incidents - 383 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. 414.4 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. CALEA 41.2.4 414.4.1 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. Pismo Beach Police Department Pismo Beach PD Policy Manual Hostage and Barricade Incidents Copyright Lexipol, LLC 2020/07/16, All Rights Reserved. Published with permission by Pismo Beach Police Department Hostage and Barricade Incidents - 384 (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. 414.4.2 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. Pismo Beach Police Department Pismo Beach PD Policy Manual Hostage and Barricade Incidents Copyright Lexipol, LLC 2020/07/16, All Rights Reserved. Published with permission by Pismo Beach Police Department Hostage and Barricade Incidents - 385 (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. 414.5 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. Pismo Beach Police Department Pismo Beach PD Policy Manual Hostage and Barricade Incidents Copyright Lexipol, LLC 2020/07/16, All Rights Reserved. Published with permission by Pismo Beach Police Department Hostage and Barricade Incidents - 386 (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. 414.6 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. 414.7 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 416 Pismo Beach Police Department Pismo Beach PD Policy Manual Copyright Lexipol, LLC 2020/07/16, All Rights Reserved. Published with permission by Pismo Beach Police Department Response to Bomb Calls - 387 Response to Bomb Calls 416.1 PURPOSE AND SCOPE The purpose of this policy is to provide guidelines to assist members of the Pismo Beach 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. 416.2 POLICY It is the policy of the Pismo Beach Police Department to place a higher priority on the safety of persons and the public over damage or destruction to public or private property. 416.3 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. 416.4 GOVERNMENT FACILITY OR PROPERTY A bomb threat targeting a government facility may require a different response based on the government agency. 416.4.1 PISMO BEACH POLICE DEPARTMENT FACILITY If the bomb threat is against the Pismo Beach 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. 416.4.2 OTHER COUNTY OR MUNICIPAL FACILITY OR PROPERTY If the bomb threat is against a county or municipal facility within the jurisdiction of the Pismo Beach 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. Pismo Beach Police Department Pismo Beach PD Policy Manual Response to Bomb Calls Copyright Lexipol, LLC 2020/07/16, All Rights Reserved. Published with permission by Pismo Beach Police Department Response to Bomb Calls - 388 416.4.3 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. 416.5 PRIVATE FACILITY OR PROPERTY When a member of this department receives notification of a bomb threat at a location in the City of Pismo Beach, 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. 416.5.1 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. Pismo Beach Police Department Pismo Beach PD Policy Manual Response to Bomb Calls Copyright Lexipol, LLC 2020/07/16, All Rights Reserved. Published with permission by Pismo Beach Police Department Response to Bomb Calls - 389 (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. 416.6 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 CALEA 81.2.4 a (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. Pismo Beach Police Department Pismo Beach PD Policy Manual Response to Bomb Calls Copyright Lexipol, LLC 2020/07/16, All Rights Reserved. Published with permission by Pismo Beach Police Department Response to Bomb Calls - 390 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. 416.7 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 416.7.1 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. 416.7.2 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 CALEA 41.2.4 Pismo Beach Police Department Pismo Beach PD Policy Manual Response to Bomb Calls Copyright Lexipol, LLC 2020/07/16, All Rights Reserved. Published with permission by Pismo Beach Police Department Response to Bomb Calls - 391 416.7.3 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. 416.7.4 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 418 Pismo Beach Police Department Pismo Beach PD Policy Manual Copyright Lexipol, LLC 2020/07/16, All Rights Reserved. Published with permission by Pismo Beach Police Department Mental Illness Commitments - 392 Mental Illness Commitments 418.1 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). 418.1.1 DEFINITIONS (a)Mental Disorder: Also referred to as mental impairment, is a term used for a group of disorders causing severe disturbances in a person's thinking, feeling, and ability to relate to others. A person affected by a mental disorder usually has a substantially diminished capacity for coping with the ordinary demands of life. Symptoms can vary and disorders are cyclic, varying in severity from one time to the next. The duration of an episode also can vary: some persons are affected for a few weeks or months; while others the disorder may last many years or a lifetime. (b)Thought Disorder: Condition where the person's thought process is disrupted causing that person to experience delusions or irrational fears, see visions, or a number of other irrational behaviors. (c)Mood Disorder: Also referred to as an affective disorder, is a condition where the person experiences periodic disturbances in mood, concentration, sleep, activity, appetite or social behavior. Mood disorders can be marked by periods of extreme sadness or excitement. (d)Hallucination: False perception experienced through any one of the five senses. (e.g., hearing, voices, feeling one's skin crawl, smelling strange odors, seeing visions, etc.) When hallucinating, persons may be so overwhelmed that they have little or no awareness of the environment around them. Officers should be aware that substance abuse (drugs and or alcohol) can also cause delusions, hallucinations, and violent mood swings in an individual. (e)Delusion: Persistent false belief or thoughts and actions that are not based on reality. (e.g., delusions of grandeur, self importance, being persecuted or conspired against, etc.) 418.2 POLICY It is the policy of the Pismo Beach Police Department to protect the public and individuals through legal and appropriate use of the 72 hour treatment and evaluation commitment (5050 commitment) process. It is the policy of the Pismo Beach Police Department to treat all persons with dignity and compassion. Police Officers must become familiar with the causes and nature of mental disorders to determine if an individual is gravely disabled or dangerous. Officers must be able to recognize Pismo Beach Police Department Pismo Beach PD Policy Manual Mental Illness Commitments Copyright Lexipol, LLC 2020/07/16, All Rights Reserved. Published with permission by Pismo Beach Police Department Mental Illness Commitments - 393 general indicators of mental disorders so that appropriate actions can be taken during contacts on the street as well as during interviews and interrogations. CALEA 41.2.7 b, c 418.2.1 GUIDELINES FOR THE RECOGNITION OF PERSONS THAT MAY BE SUFFERING FROM MENTAL ILLNESS (a)Verbal Cues: 1.Illogical thoughts expressing a combination of unrelated or abstract topics. Communicating thoughts of greatness, e.g., person believes he is God. Expressing thoughts of being harassed or threatened, e.g., CIA monitoring thoughts through TV set. Preoccupation with death, germs, guilt, etc. 2.Unusual speech patterns that include nonsensical speech or chatter. Word repetition where the subject frequently states the same or rhyming words or phrases. Expressing urgency in manner of speaking or extremely slow speech. 3.Verbal hostility or excitement such as talking loudly or excitedly. The person is argumentative, beligerent or unreasonably hostile. The person threatens to harm themselves. (b)Behavioral Cues: 1.The individuals clothing is inappropriate for the current weather, e.g. shorts in winter, heavy coat in summer. Bizarre clothing or makeup, taking into account current trends. 2.Strange postures or mannerisms or lethargic, sluggish movements. 3.Seeing or hearing things that are not able to be confirmed. Confusion about or unawareness of surroundings. 4.Lack of emotional response or causing injury to self. 5.Overacting to situations in an overly angry or frightening way. (c)Environmental Cues: 1.The individual's surroundings are inappropriate such as strange trimming, inappropriate use of household items, e.g. aluminum foil covering windows. 2.Large accumulation of trash, hording string, newspapers, paper bags, clutter etc. Presence of feces or urine on floors or walls. CALEA 41.2.7 a, c 418.3 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, Pismo Beach Police Department Pismo Beach PD Policy Manual Mental Illness Commitments Copyright Lexipol, LLC 2020/07/16, All Rights Reserved. Published with permission by Pismo Beach Police Department Mental Illness Commitments - 394 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 41.2.7 b (b)A family member (c)The person subject to the determination or anyone designated by the person 418.3.1 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. CALEA 41.2.7 CALEA 70.2.1 CALEA 70.3.1 CALEA 70.3.3 418.3.2 RESTRAINTS If the patient is violent or potentially violent, the officer will notify the staff of this concern. The staff member in charge will have discretion as to whether soft-restraints will be used. If these restraints are desired, the officer will wait while they are being applied to help provide physical control of the patient, if needed. CALEA 41.2.7 CALEA 70.2.1 CALEA 70.3.1 CALEA 70.3.3 418.3.3 SECURING OF WEAPONS If a receiving and secured facility prohibits weapons or if an extraordinary event occurs in the treatment facility and officers determine a need to secure their firearms, the firearm shall be secured in the appropriate gun locker at the facility or in the police unit. 418.4 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: (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. Pismo Beach Police Department Pismo Beach PD Policy Manual Mental Illness Commitments Copyright Lexipol, LLC 2020/07/16, All Rights Reserved. Published with permission by Pismo Beach Police Department Mental Illness Commitments - 395 (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. CALEA 41.2.7 c 418.4.1 DISPOSITION (a)Once the Officer has taken control of a situation, they must render medical attention or summon medical personnel, if required. (b)After medical attention is rendered, disposition of he individual can be determined. (c)Based ont heoverall circumstances and the Officer's best judgment, they may detain the individual under Welfare and Institutions Code § 5150 if that person appears to be or is: 1.A danger to others, 2.A danger to self, or 3.Gravely disabled. (d)The person may be arrested if a crime has been committed. Discretion should be used regarding arrests for minor issues. (e)Individuals and families who may be in need of treatment can be referred to available mental health services. CALEA 41.2.7 b (f)If no urgent medical care is necessary, no crime has been committed, and no referral is needed, the Officer may choose to take no further action. CALEA 41.2.7 c 418.4.2 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). Pismo Beach Police Department Pismo Beach PD Policy Manual Mental Illness Commitments Copyright Lexipol, LLC 2020/07/16, All Rights Reserved. Published with permission by Pismo Beach Police Department Mental Illness Commitments - 396 418.5 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. CALEA 41.2.7 418.6 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 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. 418.7 DOCUMENTED ENTRY LEVEL AND REFRESHER TRAINING (a)As a part of all officers' advanced training programs, this agency will provide and document refresher training at least every three years on POST approved training on interaction with mentally disabled persons as provided by Penal Code § 13515.25. (b)The Training Manager is responsible for documenting all entry level training of recruits in the Police Officers Standards and Training (POST) learning domain that addresses persons with disabilities (LD#37). CALEA 41.2.7 d, e 418.8 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. Pismo Beach Police Department Pismo Beach PD Policy Manual Mental Illness Commitments Copyright Lexipol, LLC 2020/07/16, All Rights Reserved. Published with permission by Pismo Beach Police Department Mental Illness Commitments - 397 418.8.1 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. (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 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(f)(1)). 418.9 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. 418.10 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). Pismo Beach Police Department Pismo Beach PD Policy Manual Mental Illness Commitments Copyright Lexipol, LLC 2020/07/16, All Rights Reserved. Published with permission by Pismo Beach Police Department Mental Illness Commitments - 398 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). 418.10.1 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 Investigative 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. 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. CALEA 84.1.8 Policy 419 Pismo Beach Police Department Pismo Beach PD Policy Manual Copyright Lexipol, LLC 2020/07/16, All Rights Reserved. Published with permission by Pismo Beach Police Department Mass Arrest Policy - 399 Mass Arrest Policy 419.1 PURPOSE AND SCOPE The purpose of this policy is to implement a plan that establishes a specialized group of officers working together during a large scale event to be responsible for all aspects of the arrest, process, and delivery of prisoners to the jail facility. The policy of the Pismo Beach Police Department is to maintain the chain of identification of persons arrested at a major public event where normal transportation and prisoner processing at the jail is impractical. When mass arrests are anticipated at the scene of a civil disturbance or major public event, members shall be guided by the procedures set forth in this order. 419.2 COMMAND RESPONSIBILITY - PLANNING PROCEDURE (a)The Incident Commander (IC) will make an assessment of the number of potential arrestees and whether they will be peaceful or violent. Based on that assessment the IC will configure the arrest teams to manage multiple arrests safely. (b)Pre-arranged action plans under the Incident Command System for managing a large scale event will have identified an on-site location for staging Sheriff's Office transportation vans or buses and the area to process mass arrests. (c)After the event has been declared an unlawful assembly and dispersal order procedures have been followed as set forth in Penal Code Section 726, arrest teams will take violators from the place of demonstrating to the designated processing area. 419.3 ARREST PROCEDURES (a)After the demonstrators/violators have been isolated and contained, the arresting officer(s) will physically arrest and move them through the field booking process and transfer them to the custody of the transportation deputy. (b)Each arrest team officer will have his/her photograph taken with the arrestee and attach it to the original arrest form. CALEA 1.2.5 419.4 MASS ARREST PROCESSING PROCEDURE FOLLOWING ARREST The following provisions for carrying out mass arrests will be handled in the prescribed manner: (a)Arrest, Processing, Confinement, Booking: 1.Each arrestee will have a photograph taken with the arresting officer for booking. One copy is given to the designated arresting officer for attachment to his/her Pismo Beach Police Department Pismo Beach PD Policy Manual Mass Arrest Policy Copyright Lexipol, LLC 2020/07/16, All Rights Reserved. Published with permission by Pismo Beach Police Department Mass Arrest Policy - 400 police report. A second copy is given to the transporting unit to accompany the prisoner to the processing center. CALEA 1.2.5 c 2.The arresting officer will pat-search the arrestee and place any contraband articles in a plastic bag along with the Probable Cause / Booking form and photograph. Arrestees will then be transported to the jail or the designated processing area in the field. 3.When transportation arrives at the processing center, arrestees will be off-loaded from the vehicles into appropriate holding areas. Males will be separated from females and non-conforming prisoners will be taken directly to the jail if individual holding areas are not available. 4.Booking stations will process the paper work and express booking will be completed by special teams from the San Luis Obispo County Jail. Those arrestees positively identified and eligible to be released on citation will be released in the field. All others will be taken to the jail for further processing. CALEA 1.2.5 (b)Juvenile Offenders: 1.Juveniles will be segregated from adults but will be handled and transported in the same manner. 2.Juveniles who are accompanied by an adult or parent, who is arrested, if possible, will be released to a responsible adult at the scene. If they cannot be released to an adult and are not arrested, they will be processed as a 300 W & I. (c)Transportation: 1.In the pre-planning of the event, San Luis Obispo County Jail will be contacted to arrange for the necessary number of vehicles and/or buses with qualified drivers, to take the arrested from the event to the processing center or jail. (d)Detention Facilities: 1.Detention of violators not released in the field will be at San Luis Obispo County Jail. (e)Evidence Collection: 1.Items taken as evidence will be processed consistent with Agency procedures and stored in the evidence locker at the Pismo Beach Police Department. Pismo Beach Police Department Pismo Beach PD Policy Manual Mass Arrest Policy Copyright Lexipol, LLC 2020/07/16, All Rights Reserved. Published with permission by Pismo Beach Police Department Mass Arrest Policy - 401 (f)Security: 1.Security shall be maintained at the staging area of the vans and buses, and designated drivers will remain with their assigned vehicle. Officers will also be assigned at the field booking location to perimeter security to protect against escape attempts, lynchings or destruction by demonstrators. (g)Identification: 1.Identification of arrestees follows the looking process addressed in "C" above and confirmed through the Cal ID. CALEA 1.2.5 b (h)Interagency Agreements: 1.Interagency agreements are pre-planned and in place prior to the large scale event if assistance from outside agencies is anticipated. In cases where requests are made for Mutual Aid, such request will be processed 2.through the Sheriff's Office of Emergency Services. Standard protocol will be followed regarding such requests. (i)Defense Counsel Visits: 1.If defense attorneys appear at the field booking site and request to speak with their client, the on-duty supervisor will be contacted immediately. He/she will process the request and verify the validity of the visit and credentials of the attorney. (j)Court and Prosecutorial Liaison: 1.In the pre-planning stages where mass arrests are anticipated, the District Attorney in the local jurisdiction will be consulted and the necessary requirements to ensure the charging of violators so arrested will be identified. (k)Media Relations/Public Information: 1.Under the Incident Command System structure and at the direction of the IC, an area will be predetermined and designated as a press area. News releases will be made by the designated public information officer at the direction of the IC. (l)Food, Water, and Sanitation: 1.When the field booking site is designated, the Booking Sergeant will consult with the logistics officer of the Incident Command team and, based on the Pismo Beach Police Department Pismo Beach PD Policy Manual Mass Arrest Policy Copyright Lexipol, LLC 2020/07/16, All Rights Reserved. Published with permission by Pismo Beach Police Department Mass Arrest Policy - 402 number of violators detained at this site, provisions will be made to provide these necessities. In the event these provisions are over-extended, violators will be removed to the jail where these facilities exist. (m)Medical Treatment: 1.The booking officer/deputy will conduct medical screening via interview questions on the booking form in the event the violator is not going to be cited out. Prisoners requiring medical attention will be triaged by a nurse assigned in the booking station. Policy 420 Pismo Beach Police Department Pismo Beach PD Policy Manual Copyright Lexipol, LLC 2020/07/16, All Rights Reserved. Published with permission by Pismo Beach Police Department Cite and Release Policy - 403 Cite and Release Policy 420.1 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. 420.2 POLICY It is the policy of the Pismo Beach 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.CALEA 1.2.6 420.3 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. 420.3.1 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. 420.3.2 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. 420.4 NON-RELEASE Pismo Beach Police Department Pismo Beach PD Policy Manual Cite and Release Policy Copyright Lexipol, LLC 2020/07/16, All Rights Reserved. Published with permission by Pismo Beach Police Department Cite and Release Policy - 404 420.4.1 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 (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)Felony intimidation of witnesses and victims (Penal Code § 136.1) (e)Rape of a spouse (Penal Code § 262) (f)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) (g)Stalking (Penal Code § 646.9) (h)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) 420.4.2 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 Pismo Beach 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, Vehicle Code § 40303, and Vehicle Code § 40305. (d)The person has been cited, arrested, or convicted for theft from a store or vehicle in the previous six months, or there is probable cause to believe the person is guilty of committing organized retail theft, as defined in Penal Code § 490.4(a). Pismo Beach Police Department Pismo Beach PD Policy Manual Cite and Release Policy Copyright Lexipol, LLC 2020/07/16, All Rights Reserved. Published with permission by Pismo Beach Police Department Cite and Release Policy - 405 (e)There are one or more outstanding arrest warrants for the person or failures to appear in court on previous misdemeanor citations that have not been resolved (see Misdemeanor Warrants elsewhere in this policy). (f)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. (g)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. (h)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. (i)The person arrested demands to be taken before a magistrate or has refused to sign the notice to appear. (j)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. An arrest warrant or failure to appear that is currently pending shall constitute reason to believe that the person will not appear. Other 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. 420.5 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 Pismo Beach Police Department Pismo Beach PD Policy Manual Cite and Release Policy Copyright Lexipol, LLC 2020/07/16, All Rights Reserved. Published with permission by Pismo Beach Police Department Cite and Release Policy - 406 (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 (k)The warrant of arrest indicates that the person is not eligible to be released on a notice to appearCALEA 74.3.1 Release under this section shall be done in accordance with the provisions of this policy. 420.6 JUVENILE CITATIONS Completion of criminal citations for juveniles is generally not appropriate with the following exceptions: •Misdemeanor traffic violations of the Vehicle Code •Violations of the Pismo Beach City codes All other misdemeanor violations for juveniles shall be documented with a case number and the case should be referred to the detective bureau for further action including diversion. 420.7 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 422 Pismo Beach Police Department Pismo Beach PD Policy Manual Copyright Lexipol, LLC 2020/07/16, All Rights Reserved. Published with permission by Pismo Beach Police Department Foreign Diplomatic and Consular Representatives - 407 Foreign Diplomatic and Consular Representatives 422.1 PURPOSE AND SCOPE This policy provides guidelines to ensure that members of the Pismo Beach Police Department extend appropriate privileges and immunities to foreign diplomatic and consular representatives in accordance with international law. CALEA 1.1.4 422.2 POLICY The Pismo Beach 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. CALEA 1.1.4 422.2.1 FOREIGN NATIONALS 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. 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. The Department will comply with all consular notifications and access requirements in accordance with international treaties when dealing with foreign nationals as specified in the U.S. State Department's publication entitled Consular Notification and Access. 422.3 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. Pismo Beach Police Department Pismo Beach PD Policy Manual Foreign Diplomatic and Consular Representatives Copyright Lexipol, LLC 2020/07/16, All Rights Reserved. Published with permission by Pismo Beach Police Department Foreign Diplomatic and Consular Representatives - 408 (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. CALEA 1.1.4 (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. CALEA 1.1.4 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. 422.4 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 Pismo Beach Police Department Pismo Beach PD Policy Manual Foreign Diplomatic and Consular Representatives Copyright Lexipol, LLC 2020/07/16, All Rights Reserved. Published with permission by Pismo Beach Police Department Foreign Diplomatic and Consular Representatives - 409 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). If the individual wants his/her government notified, the officer shall begin the notification process. CALEA 61.1.3 d 422.5 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. 422.6 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 Pismo Beach Police Department Pismo Beach PD Policy Manual Foreign Diplomatic and Consular Representatives Copyright Lexipol, LLC 2020/07/16, All Rights Reserved. Published with permission by Pismo Beach Police Department Foreign Diplomatic and Consular Representatives - 410 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)) 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 424 Pismo Beach Police Department Pismo Beach PD Policy Manual Copyright Lexipol, LLC 2020/07/16, All Rights Reserved. Published with permission by Pismo Beach Police Department Rapid Response and Deployment - 411 Rapid Response and Deployment 424.1 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. 424.2 POLICY The Pismo Beach 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. 424.3 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 possible, 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. Pismo Beach Police Department Pismo Beach PD Policy Manual Rapid Response and Deployment Copyright Lexipol, LLC 2020/07/16, All Rights Reserved. Published with permission by Pismo Beach Police Department Rapid Response and Deployment - 412 (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). 424.4 EMERGENCY RESPONSE TO VIOLENCE DEFINITIONS For the purpose of this section: "Casualty Collection Point" - A secure area designated or created for the gathering, triage, medical treatment, holding, and/or evacuation of casualties during an incident. "Cleared but Not Secure" - The scene has been tentatively cleared by law enforcement; however, this scene still requiares a law enforcement presence. "Contact Group Supervisor" - An officer who will coordinate the Contact Team(s) within the Direct Threat Area. "Contact Team" - An individual officer or team of officers whose primary responsibility is to find and neutralize active threat(s). "Counterpart" - Personnel from different agencies and disciplines that are assigned jointly as functions such as a Rescue Group with assigned Rescue Task Force Teams. "Deadly force" - means the intentional application of force through the use of firearms or any other means reasonably likely to cause death or serious physical injury. "Direct Threat Area" - A dynamic environment with active stimulus, such as seeing the suspect(s), hearing gunfire or witnesses directing you to the suspect's current location. "Escorted Care" - When Fire/EMS/Law Enforcement move into an Indirect Threat Area to work together to triage, treat, and extract patients as the situation dictates "First Responder" - is any law enforcement officer, fire fighter, EMS, community service officer, or any other personnel that has the ability to direct traffic, clear roads for emergency traffic or perform any other function that is not discipline specific. "Medical Evacuation Area" - An area where Fire/EMS can safely treat and transport patients that may not require a law enforcement presence for safety issues. "Force Protection" - The escorting of Fire/EMS by armed law enforcement in and out of an indirect threat area. Force protection will remain intact with Fire/EMS personnel. Officers providing force protection should maintain direct communication with contact team(s) to obtain situational awareness. "Indirect Threat Area" - A non-dynamic environment, there is no stimulus driving law enforcement. In this area Fire/EMS/PD will work cooperatively to evacuate, triage, treat, and extract patients. Pismo Beach Police Department Pismo Beach PD Policy Manual Rapid Response and Deployment Copyright Lexipol, LLC 2020/07/16, All Rights Reserved. Published with permission by Pismo Beach Police Department Rapid Response and Deployment - 413 "Link Up" - The act of coming into contact with other law enforcement teams in such a manner as to avoid shooting other law enforcement personnel, i.e. colored strobe, flashlight, verbal via radio or a combination thereof. "Rescue Group Supervisor" - Law Enforcement and Fire/EMS personnel working as counterparts who coordinates the Rescue Task Force Team(s) operating in an Indirect Threat area. "Rescue Task force" - A team of Fire/EMS and Law Enforcement personnel that move collectively within an Indirect Threat area for the purposes of triage, treatment, and/or extraction. The team maintains continuity from the the point of leaving the Rescue Group Supervisors until law enforcement releases Fire/EMS back to the Rescue Group supervisors. "Safety Corridor" - A fixed route within the Indirect Threat Area in which armed law enforcement personnel is in a fixed position providing force protection for Fire/EMS against any possible threat. "Shelter in Place" - An area to take cover until it is deemed safe to move. "Staging Area" - Location established where resources can be placed while awaiting a tactictal assignment. The Operations Section manages Stagiing Areas. "Stimulus" - Seeing or hearing witnesses and/or victims, screaming, gunfire, radio intelligence, or any other indication that loss of life is occurring or about to occur. "Transportation Corridor" - An ingress and egress roadway that allows emergency equipment to move in and out of the scene. This corridor needs to be set up early and kept open to allow ambulances, medic units, armor vehicles, and other specialty equipment to move in and out of the scene. 424.4.1 ASSUMPTIONS (a)An initial officer may be any commissioned member regardless of rank. (b)All personnel should maintain situational awareness throughout the incident. (c)Department members should use plain language when communicating via radio, no 10 codes or call signs. Names should be used to identify individuals and agencies when there is a multi-agency response. (d)To minimize the possibility of friendly gunfire, plain clothes and/or off duty personnel should not deploy as an individual in a threat area unless they can clearly identify themselves as a law enforcement officer. (e)Department members may assume or be assigned roles during the response that may be different from their day to day roles and responsibilities. (f)Depending on the situation and amount of available resources functional roles for example (Incident Commander and Logistics Chief) or (Patrol Group Supervisor and Traffic Team Leader) may need to be combined to accomplish all of the objectives. (g)The Police Department will participate in the Unified Command System (UC) when there is more than one agency with incident jurisdiction or when incidents cross political jurisdictions to establish a common set of objectives, strategies and a single Incident Action Plan. Pismo Beach Police Department Pismo Beach PD Policy Manual Rapid Response and Deployment Copyright Lexipol, LLC 2020/07/16, All Rights Reserved. Published with permission by Pismo Beach Police Department Rapid Response and Deployment - 414 (h)The response capabilities and resources of the Police Department may be insufficient and quickly overwhelmed requiring the need to request mutual aid. (i)Unless there is no one else available, the Chief of Police should not assume a role within the incident response organization as it is likely the Chief will be addressing other administrative issues. If the Chief must assume a role, they will relinquish the Chief responsibilities as soon as a replacement becomes available. 424.5 OBJECTIVES AND PROCEDURES This section identifies general incident objectives and procedures to in-progress acts of violence. Depending on the situation, the incident objectives may occur simultaneously and/or may not be in order of the numbering sequence. Additional incident ofjectives may be identified during the incicent. (a)Neutralize and/or apprehend the suspect(s) (a)Evaluate available information (b)If multiple officers are present, assemble Contact Team(s) and establish a Team Leader, regardless or rank. (c)Notify via radio of situation, status, personnel, and intended plan of action. (d)Deploy toward the threat and hazard. (e)If a Contact Group Supervisor has been established, notify before making entry. (f)Neutralize or apprehend suspect(s). (g)Communicate the number of "wounded" and "non-wounded" and request a need for a Rescue Task Force (b)Identify any additional hazards to stabilize the incIdent. 1.If an IED or booby trap is observed determine if a route change is possible. 2.If bypassing or altering routes, mark any IED's and booby traps with an item and notify bomb units responding of location, description, and how it was marked, i.e. glow stick, orange traffic cone, garbage can, business card, etc. 3.If there is a fire, notify radio of the location and size. 4.If chemical agents are used by the suspect(s), personnel should use their gas mask. (c)Establish a Contact Group Supervisor. 1.Identify a Contact Group Supervisor early in the response to coordinate the Contact Teams. 2.The contact Group Supervisor should identify the most appropriate location to coordinate Contact Teams from and announce the location via radio, i.e, main office at school, main lobby of a commercial building, or a security office with surveillance cameras. 3.Deploy incoming resources to locations that require attention. 4.Make contact with building officials to obtain keys for access and/or other essentials items to maneuver through the site, i.e. maps or other pertinent information relating to the site. Pismo Beach Police Department Pismo Beach PD Policy Manual Rapid Response and Deployment Copyright Lexipol, LLC 2020/07/16, All Rights Reserved. Published with permission by Pismo Beach Police Department Rapid Response and Deployment - 415 5.Communicate to responders that safest and most appropriate entrance to meet and team up. 6.Organize and track Contact Teams, communicate via radio so the Command Post (CP) has overall situational awareness. 7.Coordinate with the CP to determine best strategy. 8.Coordinate with facility managers to ensure all students/employees are accounted for or classroom/office locations have reported in. 9.Coordinate with Rescue Group Supervisors to communicate the locations of causality collection points and safety corridors.e 10.Request for additional resources as needed. (d)Perform rescue and triage as safety permits. 1.As a Contact Team member there may be situations in which there is no stimulus and members may be able to provide immediate emergency aid, if the situation allows, triage and provide aid to injured victims. 2.Create casualty collection points (CCP) for injured. 3.If possible, protect those in the CCPs by leaving at least one Contact Team member. 4.Communicate the locations of the CCPs with Rescue Group Supervisor or CP. (e)Establish a Rescue Group Supervisor alongside a Fire/Aid Rescue Group Supervisor in the Medical Evacuation Area. (a)Identify the Fire and/or EMS Supervisor responsible for rescue and triage. (b)Coordinate with Fire and EMS to identify the location of the Medical Evacuation Area and communicate via radio. (c)Organize Rescue Task Force Teams in coordination with Fire/EMS Rescue Group Supervisor (d)Ensure law enforcement members assigned to the team are on the appropriate radio channels. (e)Communicate with the contact Group to determine the locations of casualty CCPs and the safety corridors. (f)If threat indicators are heard, the officers will remain with medics unless otherwise directed by the Team Leader. (g)Rescue Group personnel should track the names of wounded before leaving the CCP. (h)Account and track all law enforement personnel within the Rescue Group and communicate assignments to the ICP. (i)Request for additional resources as needed. (f)Establish and announce who is the Incident Commander and where the Command Post is located. Pismo Beach Police Department Pismo Beach PD Policy Manual Rapid Response and Deployment Copyright Lexipol, LLC 2020/07/16, All Rights Reserved. Published with permission by Pismo Beach Police Department Rapid Response and Deployment - 416 (a)Link up with Fire/Medical Supervisors and establish an ICP along with a staging area in a safe location that is accessible and defensible against suspects, crowds and IEDs. (b)Announce the locations via radio. (c)Should have sufficient space for responding units and other equipment. (d)Review these incident objectives and ensure they are accomplished by designating personnel or completing them yourself. (e)Ensure the Contact and Rescue Group Supervisors have been identified of the locations. (f)Activate a personnel accountability system for all personnel. (g)Develop a communications plan in coordination with the Communication Center (h)Clear emergency vehicle ingress and egress routes to ICP. (i)Coordinate with Fire/Medical on other issues to include fires and logistics. (j)Make necessary notifications and request additional resources if needed. (g)Identify victims, suspects, and witnesses; interview as appropriate. 1.Identify location(s) to collect and process victims, witnesses, and suspects. Locations may include evacuation or reunification centers. 2.Coordinate with the Contact and Rescue Groups to ensure victims, witnesses, and/or suspects are tracked and assigned to investigative team members. 3.Prioritize the information individuals have to ensure the most critical information is being collected first and sent to the appropriate personnel. (h)Develop accurate intelligence to assist personnel with strategic and tactical decisions. 1.Everyone involved in the response should communicate information and intelligence based on how the incident is evolving, i.e. fleeing suspect description and location versus the suspect's background. 2.Request the Intel Unit or other investigative personnel to conduct the intelligence process. 3.Collect raw information related to the incident from reliable sources (sources may include people, surveillance cameras, other law enforcement agencies, and social media). 4.Analyze the information and develop clear and concise intelligence reports for personnel. 5.Disseminate intelligence reports to the appropriate personnel. 6.Determine the next set of intelligence priorities. (i)Secure the scene by containing the threat and isolating the public 1.Establish a Perimeter Team Leader (reports to Patrol Group Supervisor) to coordinate personnel to secure the scene. Pismo Beach Police Department Pismo Beach PD Policy Manual Rapid Response and Deployment Copyright Lexipol, LLC 2020/07/16, All Rights Reserved. Published with permission by Pismo Beach Police Department Rapid Response and Deployment - 417 2.Establish a perimeter to contain or stop suspect(s) and keep traffic, family, and media out of threat area. 3.Identify perimeter positions and assign personnel. 4.Direct individuals leaving the scene to a location for reunification or evacuation areas. 5.Do not allow individuals inside the secured area. 6.Direct individuals trying to enter the perimeter who may have family or friends to a volunteer location that has been coordinated CP. (j)Establish and maintain emergency transportation corridors. 1.Establish an Emergency Corridor Task Force Leader (may be any first responder not just PBPD personnel but reports to Patrol Group Supervisor) to ensure emergency transportation corridors are established. 2.First Responders will: (a)Clear routes and communicate routes via radio. (b)Direct responding personnel to appropriate areas for staging. (c)Maintain routes to ensure they are clear for emergency egress. (d)Deny entry to any unauthorized personnel. (k)Provide protection for personnel, facilities, and key routes. (a)Establish a Protection Team Leader (reports to Patrol Group Supervisor) to protect personnel, first resonder facilities, and key routes outside of the direct threat area. (b)Identify security concerns or sweep for secondary devices around locations where responders are working. (c)Maintain security posts at identified locations, if necessary, i.e. CP, Staging Areas, reunification centers. (l)Issue warnings in affected areas to evacuate/shelter-in-place and conduct evacuations accordingly. 1.Identify an Evacuation/Shelter-in-place Team Leader (reports to Patrol Group Supervisor) to develop warning messages and coordinate evacuation if necessary. 2.Evacuation orders shall be made by the Incident Commander(s) and coordinated with the Public Information Officer (PIO). 3.Identify areas affected that require an evacuation and/or notification to shelter- in-place. 4.Provide emergency or warning information consistent with the evacuation/ shelter-in-place plan using any means possible without compromising the safety of responders. 5.Identify and establish evacuation and /or reunifications centers. Pismo Beach Police Department Pismo Beach PD Policy Manual Rapid Response and Deployment Copyright Lexipol, LLC 2020/07/16, All Rights Reserved. Published with permission by Pismo Beach Police Department Rapid Response and Deployment - 418 6.Direct people to the appropriate centers 7.Basic shelter-in-place guidance should be given to people located near the hazard area. 8.If necessary, request evacuation centers through the Office of Emergency Management Duty Officer or other City Emergency Operations Centers to direct the evacuees. CALEA 46.1.10 d (m)Liaison with assisting agencies and private organizations impacted. 1.Identify a Liaison Officer to coordinate with assisting agencies and other private organizations impacted. 2.Establish a liaison gathering area and notify agency representatives of the locations. 3.Obtain cooperating and assisting information to include phone numbers, radio frequencies, resource capabilities and restrictions on use. 4.Work with PIO and IC to coordinate media releases associated with inter- governmental cooperation. CALEA 46.1.10 b (n)Conduct traffic control in areas outside of emergency transportation corridor. 1.Establish a Traffic Control Team (reports to Patrol Group Supervisor) to control areas outside fo the emergency corridor. These areas may include areas around reunification areas. 2.Reroute traffic around affected area(s) where access is limited or prohibited. 3.Provide traffic control at main thoroughfares until alternative means of control can be installed. 4.When necessary, close certain roadways during specific times to facilitate an effective response an/or an orderly evacuation. 5.Remove disabled or abandoned vehicles which impede the movement of traffic and/or emergency vehicles. (o)Notify the appropriate personnel and support agencies/organizations. 1.See NOTIFICATION Section (p)Initiate an investigation to ensure a successful prosecution. (a)Establish an Investigative Group supervisor to coordinate the initial investigation. (b)Recognize and mitigate potential threats to evidence. (c)Initate documentation of the scene (i.e., diagrams, photographs, video). (d)Protect evidence and secure as appropriate, i.e. shell casing, missing firearms, unexploded device(s), portions of device(s), clothing of victims, containers, and shrapnel or other objects embedded in victim(s), video or audio tape or files, etc. (e)Move potential evidence only for life safety, incident stablization and/or destruction (f)Identify any evidence that has been removed from the scene, by whom and why? Pismo Beach Police Department Pismo Beach PD Policy Manual Rapid Response and Deployment Copyright Lexipol, LLC 2020/07/16, All Rights Reserved. Published with permission by Pismo Beach Police Department Rapid Response and Deployment - 419 (g)Establish and maintain chain of custody for evidence preservation. (h)Identify the appropriate investigative agency (the incident may be a joint investigation with other involved local, State or Federal agencies). (i)Determine the level of assistance from the Patrol Operations Divsion, Detectives or Special Opeations Section (i.e., crime scene security and crime scene invistigation in a hazardous environment). (q)Coordinate with the media to provide appropriate public information and to prevent any information that would provide the suspect(s) with a strategic and tactical advantage. 1.Request the Media Relations Officer (Public Relations Officer) to respond to the scene. 2.Identify a location for the media to gather and have press conferences. 3.Coordinate with other Public Information Officers to ensure a Joint Information System. CALEA 46.1.10 a (r)Conduct a demobilization of all personnel. 1.Ensure all personnel are accounted as they are relieved. 2.Debrief all personnel at the group or team level. 3.Group Supervisors or Team Leaders should have all personnel provide feedback with what went well and what could we have done better. 4.Ensure all personnel know what documentation is required from them and the timeline for submission. 424.6 CONCEPT OF OPERATION The concept of operation will include other public safety agencies to include fire, EMS, and public works departments not identified on this organization chart. The operation will be lead by a Unified Command and those public safety agencies with jurisdiction (i.e. Primary Law Enforcement jurisdiction, Fire/EMS, Public Works etc.) The following organizational chart identifies Group Supervisors/Unit Leaders and their chain of command for a complex incident that is based on need and some of the support units may not necessarily be needed. 424.7 COMMUNICATIONS PROCEDURES (a)Silver Frequency - Contact and Rescue Groups - should remain on main air throughout incident. (b)Red Frequency - Outer Perimeter Units and other response personnel - should use the appropriate alternate channel. (c)Gold Frequency - Logistics Support - if needed by CP to coordinate resources. (d)The Communications Center should broadcast a general situation message to other jurisdictions via radio. Pismo Beach Police Department Pismo Beach PD Policy Manual Rapid Response and Deployment Copyright Lexipol, LLC 2020/07/16, All Rights Reserved. Published with permission by Pismo Beach Police Department Rapid Response and Deployment - 420 424.8 SUPPORT PERSONNEL AND EQUIPMENT TO CONSIDER (a)The following is recommended equipment for Contact/Rescue Teams 1.Pistol and/or approved long gun. 2.Plate carrier with plates. 3.Helmet. 4.Ballistic Shield. 5.Individual First Aid Kit (i.e., tourniquet, combat gauze, inclusive dressing, etc.). 6.Mass Casualty Kit (i.e., portable litter, mega movers). 7.Radio with additional batteries. 8.Flashlight. 9.Flex Cuffs. 10.Pen/Paper. 11.Permanent writing pen (i.e., Sharpie). 12.Markers (i.e., Strobes, Chemlites, Lazerbrites). 13.Breaching Tools. 14.Mirrors. 15.Door wedges. 16.Maps and floor plans, if necessary. 17.Secondary communication device. 18.Bottled water/food. 19.Gas mask. 20.Additional ammo. (b)Mobile Command Posts with Support Staff. 1.The IC shall contact the Criminal Investigation Division to request additional incident management support (Planning and Logistics), such as incident management support personnel and mobile command vehicles that includes power sources, communications equipment and documentation tools. (c)Miscellaneous Equipment 1.Shelter Tents, barricades, cameras, video and sound equipment, radio batteries, blankets, food, beverages, portable restrooms, etc. 424.9 NOTIFICATIONS (a)SWAT (b)Bomb/HazMat Unit Pismo Beach Police Department Pismo Beach PD Policy Manual Rapid Response and Deployment Copyright Lexipol, LLC 2020/07/16, All Rights Reserved. Published with permission by Pismo Beach Police Department Rapid Response and Deployment - 421 (c)Air Support (d)K-9 (e)Fire/Rescue/Hazmat (f)Hostage Negotiation Team (g)Division Commander (h)Command Duty Officer (i)Media Relations Officer (j)Federal Bureau of Investigaitons, if terrorism is suspected. (k)Medical Examiner, if applicable CALEA 46.1.10 b 424.10 ANNUAL REVIEW This policy and associated training needs will be reviewed and documented annually. CALEA 46.1.10 e 424.11 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. 424.12 PLANNING The Operations Division 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. Pismo Beach Police Department Pismo Beach PD Policy Manual Rapid Response and Deployment Copyright Lexipol, LLC 2020/07/16, All Rights Reserved. Published with permission by Pismo Beach Police Department Rapid Response and Deployment - 422 (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. 424.13 TRAINING The Training Manager should include rapid response to critical incidents in the training plan. This training should address: (a)Orientation to likely critical incident target sites, such as schools, shopping centers, entertainment and sporting event venues. (b)Communications interoperability with other law enforcement and emergency service agencies. (c)Patrol first-response training, including patrol rifle, shotgun, breaching tool and control device training. 1.This should include the POST terrorism incident training required for officers assigned to field duties (Penal Code § 13519.12). (d)First aid, including gunshot trauma. (e)Reality-based scenario training (e.g., active shooter, disgruntled violent worker). Policy 428 Pismo Beach Police Department Pismo Beach PD Policy Manual Copyright Lexipol, LLC 2020/07/16, All Rights Reserved. Published with permission by Pismo Beach Police Department Immigration Violations - 423 Immigration Violations 428.1 PURPOSE AND SCOPE The purpose of this policy is to provide guidelines to members of the Pismo Beach Police Department relating to immigration and interacting with federal immigration officials. 428.1.1 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. Immigration enforcement - Any and all efforts to investigate, enforce, or assist in the investigation or enforcement of any federal civil immigration law, including any and all efforts to investigate, enforce, or assist in the investigation or enforcement of any federal criminal immigration law that penalizes a person's presence in, entry or reentry to, or employment in the United States. Judicial warrant - An arrest warrant for a violation of federal criminal immigration law and issued by a federal judge or a federal magistrate judge. 428.2 POLICY It is the policy of the Pismo Beach 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. 428.3 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. 428.4 IMMIGRATION INQUIRIES PROHIBITED Officers shall not inquire into an individual’s immigration status for immigration enforcement purposes (Government Code § 7284.6). 428.4.1 CALIFORNIA LAW ENFORCEMENT TELECOMMUNICATIONS SYSTEM (CLETS) Members shall not use information transmitted through CLETS for immigration enforcement purposes except for criminal history information and only when consistent with the California Values Act (Government Code § 15160). Pismo Beach Police Department Pismo Beach PD Policy Manual Immigration Violations Copyright Lexipol, LLC 2020/07/16, All Rights Reserved. Published with permission by Pismo Beach Police Department Immigration Violations - 424 Members shall not use the system to investigate immigration violations of 8 USC § 1325 (improper entry) if that violation is the only criminal history in an individual’s record (Government Code § 15160). 428.5 DETENTIONS AND ARRESTS 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 8 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 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). An officer should notify a supervisor as soon as practicable whenever an individual is arrested for violation of 8 USC § 1326(a). 428.5.1 SUPERVISOR RESPONSIBILITIES When notified that an officer has arrested an individual for violation of 8 USC § 1326(a) or under the authority of a judicial warrant, the supervisor should determine whether it is appropriate to: (a)Transfer the person to federal authorities. (b)Transfer the person to jail. 428.6 FEDERAL REQUESTS FOR ASSISTANCE Absent an urgent issue of officer safety or other emergency circumstances, 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.).. 428.7 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): Pismo Beach Police Department Pismo Beach PD Policy Manual Immigration Violations Copyright Lexipol, LLC 2020/07/16, All Rights Reserved. Published with permission by Pismo Beach Police Department Immigration Violations - 425 (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. 428.7.1 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. 428.7.2 ICE INTERVIEWS Before any interview regarding civil immigration violations takes place between ICE personnel and an individual in custody, the Pismo Beach 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. 428.7.3 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 Pismo Beach Police Department intends to comply with the request (Government Code § 7283.1). If the Pismo Beach 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 Pismo Beach Police Department Pismo Beach PD Policy Manual Immigration Violations Copyright Lexipol, LLC 2020/07/16, All Rights Reserved. Published with permission by Pismo Beach Police Department Immigration Violations - 426 individual and to his/her attorney or to one additional person who the individual may designate (Government Code § 7283.1). 428.7.4 TRANSFERS TO IMMIGRATION AUTHORITIES Members shall not transfer an individual to immigration authorities unless one of the following circumstances exist (Government Code § 7282.5; Government Code § 7284.6): (a)Transfer is authorized by a judicial warrant or judicial probable cause determination. (b)The individual has been convicted of an offense as identified in Government Code § 7282.5(a). (c)The individual is a current registrant on the California Sex and Arson Registry. (d)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. 428.7.5 REPORTING TO CALIFORNIA DEPARTMENT OF JUSTICE The Investigative 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 Support Services Supervisor for required reporting to the DOJ (Government Code § 7284.6(c)(2)(see the Records Bureau Policy). 428.8 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)). Similar immigration protection, known as a T visa, is available for certain qualifying victims of human trafficking (8 USC § 1101(a)(15)(T)). Any request for assistance in applying for U visa or T visa status should be forwarded in a timely manner to the Investigative Bureau supervisor assigned to oversee the handling of any related case. The Investigative Bureau supervisor should: (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. (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 Pismo Beach Police Department Pismo Beach PD Policy Manual Immigration Violations Copyright Lexipol, LLC 2020/07/16, All Rights Reserved. Published with permission by Pismo Beach Police Department Immigration Violations - 427 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. 428.8.1 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 30 days of a request from the victim, victim’s family, or authorized representative (as defined in Penal Code § 679.10 and Penal Code § 679.11) related to one of their assigned cases. If the victim is in removal proceedings, the certification shall be processed within seven days of the first business day following the day the request was received. 428.8.2 REPORTING TO LEGISLATURE The Investigative 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). 428.8.3 POLICE REPORTS Upon request, an officer or supervisor should provide a victim or authorized representative with a copy of the report filed by the victim within seven days of the request (Penal Code § 679.10). 428.9 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 430 Pismo Beach Police Department Pismo Beach PD Policy Manual Copyright Lexipol, LLC 2020/07/16, All Rights Reserved. Published with permission by Pismo Beach Police Department Emergency Utility Service - 428 Emergency Utility Service 430.1 PURPOSE AND SCOPE The City Public Works Department has personnel available to handle emergency calls 24 hours per day. Calls for service during non-business hours are frequently directed to the Police Department. Requests for such service received by this Department should be handled in the following manner. 430.1.1 BROKEN WATER LINES The City's responsibility ends at the water meter; any break or malfunction in the water system from the water meter to the citizen's residence or business is the customer's responsibility. Public Works can only turn off the valve at the meter. The citizen can normally accomplish this. If a break occurs on the city side of the meter, emergency personnel should be called as soon as practical by a police dispatcher 430.1.2 ELECTRICAL LINES City Public Works do not maintain electrical lines to street light poles. When a power line poses a hazard, an officer should be dispatched to protect against personal injury or property damage that might be caused by power lines. Pacific Gas & Electric or Public Works should be promptly notified, as appropriate. 430.1.3 RESERVOIRS, PUMPS, WELLS, ETC. Public Works maintains the city reservoirs and public water equipment, as well as several underpass and other street drainage pumps. In the event of flooding or equipment malfunctions, emergency personnel should be contacted as soon as possible. 430.1.4 EMERGENCY NUMBERS Police dispatchers will maintain a current list of emergency personnel who are to be called for municipal utility emergencies. 430.1.5 GENERATOR The City Public Works maintains the city gas powered generator located at the Police Department. The purpose of the generator is to maintain electrical power to the Police Department. Monthly inspection and testing of the equipment are completed. CALEA 81.3.2 430.2 TRAFFIC SIGNAL MAINTENANCE The City of Pismo Beach contracts with Lee Wilson Electric to furnish maintenance for all traffic signals within the city, other than those maintained by the State of California. 430.2.1 RESPONSIBILITIES FOR SIGNALS The State of California, (Cal Trans), in most cases, maintains traffic signals located on state highways and at freeway off-ramps. Lee Wilson Electric will maintain all other signals within the city. Pismo Beach Police Department Pismo Beach PD Policy Manual Emergency Utility Service Copyright Lexipol, LLC 2020/07/16, All Rights Reserved. Published with permission by Pismo Beach Police Department Emergency Utility Service - 429 430.2.2 OFFICER'S RESPONSIBILITY Upon observing a damaged or malfunctioning signal, the officer will advise the police dispatcher of the location and problem with the signal. The dispatcher should make the necessary notification to the proper maintenance agency. 430.3 UNINTERRUPTED POWER SYSTEM (UPS) The City of Pismo Beach maintains an uninterrupted power system (UPS) in order to provide uninterrupted power to the Communications Center. The City IT division is responsible for its ongoing maintenance. If an emergency situation should arise, IT staff provides a 24 hours a day, 365 days year coverage. CALEA 81.3.2 Policy 432 Pismo Beach Police Department Pismo Beach PD Policy Manual Copyright Lexipol, LLC 2020/07/16, All Rights Reserved. Published with permission by Pismo Beach Police Department Patrol Rifles - 430 Patrol Rifles 432.1 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 Pismo Beach Police Department will make patrol rifles available to qualified patrol officers as an additional and more immediate tactical resource. 432.2 PATROL RIFLE 432.2.1 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. CALEA 1.3.9 432.3 SPECIFICATIONS The only authorized patrol rifle is one which is owned and issued by the Department. CALEA 1.3.9 a 432.3.1 RIFLE AMMUNITION The only ammunition authorized for the patrol rifle is that which has been issued by the Department. CALEA 1.3.9 a, b 432.4 RIFLE MAINTENANCE (a)Primary responsibility for maintenance of patrol rifles shall fall on the Rangemaster, who shall inspect and service each patrol rifle on a monthly basis. CALEA 1.3.9 c (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. CALEA 1.3.9 d (e)Each patrol rifle shall be subject to inspection by a supervisor or the Rangemaster at any time. CALEA 1.3.9 c (f)No modification shall be made to any patrol rifle without prior written authorization from the Rangemaster. CALEA 1.3.9 c CALEA 17.5.3 CALEA 53.1.1 Pismo Beach Police Department Pismo Beach PD Policy Manual Patrol Rifles Copyright Lexipol, LLC 2020/07/16, All Rights Reserved. Published with permission by Pismo Beach Police Department Patrol Rifles - 431 432.5 TRAINING Officers shall not carry or utilize the patrol rifle unless they have successfully completed Departmental training. This training shall consist of an initial 24-hour patrol rifle user's course and qualification score with a certified patrol rifle instructor. Officers shall thereafter be required to successfully complete biannual training and qualification conducted by a certified patrol rifle instructor. CALEA 1.3.10 CALEA 1.3.11 a, b 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 officer's users course and qualification. CALEA 1.3.11 c 432.6 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. 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. 432.7 DISCHARGE OF THE PATROL RIFLE The discharge of the patrol rifle shall be governed by the Department's Deadly Force Policy, § 300. 432.8 PATROL READY Any qualified officer carrying a patrol rifle in the field shall maintain the weapon in the "patrol ready" until deployed. A rifle is considered "patrol ready" when it has been inspected by the assigned officer and meets the following conditions: (a)There is no round in the chamber; (b)The rifle bolt is forward with the hammer down; (c)The rifle safety is on; Pismo Beach Police Department Pismo Beach PD Policy Manual Patrol Rifles Copyright Lexipol, LLC 2020/07/16, All Rights Reserved. Published with permission by Pismo Beach Police Department Patrol Rifles - 432 (d)There is a fully loaded magazine in the rifle with no more than 27 rounds; (e)The dust cover is closed; (f)The rifle is stored in the locked patrol vehicle's rifle rack or trunk. CALEA 17.5.3 432.9 RIFLE STORAGE (a)When not in use, patrol rifles will be stored in the department armory in rifle racks. (b)At the start of each assigned shift, any qualified, on-duty officer may contact the Watch Commander or a patrol supervisor for access to the department armory. (c)When not deployed, in-service patrol rifles should be secured in the vehicle in a locked gun rack or locked in the trunk. (d)At the end of the assigned officer's shift, the patrol rifle will be returned and secured in the department armory. CALEA 1.3.9 CALEA 17.5.2