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RELEASE_20170711_T110218Fresno County Sheriff - Coroner's Office Policy Manual Copyright Lexipol, LLC 2017/07/11, All Rights Reserved. Published with permission by Fresno County Sheriff - Coroner's Office Preface - 1 PREFACE This manual contains the policies of the Fresno County Sheriff-Coroner’s Office. These policies and procedures are preceded by the Preamble to the Office Mission, the Articulated Values of the Fresno County Sheriff-Coroner’s Office, and the Law Enforcement Code of Ethics. This Policy Manual is proved as a source of information in understanding your duties and responsibilities as a member of the Fresno County Sheriff-Coroner’s Office. It will provide you with specific office policy on many issues and also serve as a reference on matters of procedure. It is required that each member of this office shall be knowledgeable in how to access this manual and each member shall read and become familiar with its contents. If there are any questions concerning any portion of this Manual, you should contact your immediate supervisor for clarification. It is each Office member’s responsibility to abide by the policies articulated. Fresno County Sheriff - Coroner's Office Policy Manual Copyright Lexipol, LLC 2017/07/11, All Rights Reserved. Published with permission by Fresno County Sheriff - Coroner's Office 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. Fresno County Sheriff - Coroner's Office Policy Manual Copyright Lexipol, LLC 2017/07/11, All Rights Reserved. Published with permission by Fresno County Sheriff - Coroner's Office Preamble - 3 PREAMBLE This statement of Mission is provided to all employees as a guide, to give direction to the future of the Fresno County Sheriff-Coroner’s Office. The information provided is not intended as a detailed step by step process, but rather as a broad statement, leaving open the options by which the entire staff can work together to establish and achieve the goals necessary to accomplish our Office Mission. You should view this Mission Statement as a road map to guide each of us in the pursuit of excellence. From time to time, we will encounter detours and roadblocks, however, we will not retreat from our commitment. Our direction, will always be forward with a spirit of innovation. The Mission Statement presented here should not be viewed as a forum for debate, but rather a mandate for action. All employees are expected to give their utmost effort toward the accomplishment of our mission. Fresno County Sheriff - Coroner's Office Policy Manual Copyright Lexipol, LLC 2017/07/11, All Rights Reserved. Published with permission by Fresno County Sheriff - Coroner's Office Mission, Vision, and Values Statement - 4 MISSION, VISION, AND VALUES STATEMENT OUR MISSION The members of the Fresno County Sheriff’s Office, in partnership with the community, are dedicated to excellence in the delivery of public safety services. OUR VISION The Fresno County Sheriff’s Office is committed to an ongoing partnership with the community based on communication, cooperation and trust. This partnership will promote an environment that ensures safety and peace, while treating all persons with respect and dignity. OUR VALUES Professionalism – While leading by example, we are committed to excellence, honor, and valor in the performance of our duties. Accountability – Through communication and cooperation we strive to build community confidence with sensitivity to the diversity of all people, holding all employees to the highest standards of professional conduct. Integrity – Dedication to the ethical standards of honesty, humility, fairness and respect. Trust – Through teamwork to instill mutual respect between ourselves, and to promote confidence within the community. Commitment – To these principles, to the public, and to the Law Enforcement Code of Ethics. Service – To our community with professionalism, meaningful responses and legendary quality Fresno County Sheriff - Coroner's Office Policy Manual Copyright Lexipol, LLC 2017/07/11, All Rights Reserved. Published with permission by Fresno County Sheriff - Coroner's Office Table of Contents - 5 Table of Contents Preface .......................... 1 Law Enforcement Code of Ethics .................. 2 Preamble .......................... 3 Mission, Vision, and Values Statement ................ 4 Chapter 1 - Law Enforcement Role and Authority ............ 6 100 - Law Enforcement Authority .................. 7 101 - Chief Executive Officer ................... 10 103 - Policy Manual ..................... 11 Chapter 3 - General Operations .................. 14 300 - Use of Force ...................... 15 306 - Firearms ....................... 23 307 - Vehicle Pursuits ..................... 34 314 - Discriminatory Harassment ................. 46 Chapter 4 - Patrol Operations ................... 51 404 - Special Weapons and Tactics (SWAT) Unit ............ 52 424 - Portable Audio/Video Recorders ................ 63 Chapter 5 - Traffic Operations .................. 68 504 - Traffic Citations ..................... 69 Chapter 10 - Personnel ..................... 70 1030 - Member Speech, Expression and Social Networking ......... 71 Attachments ........................ 75 Time Card Computation Chart.pdf ................. 76 Fresno County Sheriff - Coroner's Office Policy Manual Copyright Lexipol, LLC 2017/07/11, All Rights Reserved. Published with permission by Fresno County Sheriff - Coroner's Office Law Enforcement Role and Authority - 6 Chapter 1 - Law Enforcement Role and Authority Policy 100 Fresno County Sheriff - Coroner's Office Policy Manual Copyright Lexipol, LLC 2017/07/11, All Rights Reserved. Published with permission by Fresno County Sheriff - Coroner's Office Law Enforcement Authority - 7 Law Enforcement Authority 100.1 PURPOSE AND SCOPE The purpose of this policy is to affirm the authority of the members of the Fresno County Sheriff - Coroner's Office to perform their functions based on established legal authority. 100.2 PEACE OFFICER POWERS Sworn members of this office are authorized to exercise peace officer powers pursuant to applicable state law (Penal Code § 830.1 et seq.). 100.2.1 OREGON AUTHORITY Sworn members of this office 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 deputies are acting: (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. Fresno County Sheriff - Coroner's Office deputies have no authority to enforce Oregon traffic or motor vehicle laws. Whenever practicable, deputies should seek permission from an office supervisor before entering Oregon to provide law enforcement services. As soon as practicable, deputies 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. 100.2.2 ARREST AUTHORITY OUTSIDE THE JURISDICTION OF THE FRESNO COUNTY SHERIFF - CORONER'S OFFICE On-duty arrests will not generally be made outside the jurisdiction of this office except in cases of hot or fresh pursuit, while following up on crimes committed with the County or while assisting another agency. On-duty deputies who discover criminal activity outside the jurisdiction of the County should, when circumstances permit, consider contacting the agency having primary jurisdiction before attempting an arrest. Fresno County Sheriff - Coroner's Office Policy Manual Law Enforcement Authority Copyright Lexipol, LLC 2017/07/11, All Rights Reserved. Published with permission by Fresno County Sheriff - Coroner's Office Law Enforcement Authority - 8 When a deputy makes an out-of-county arrest pursuant to a warrant, the deputy shall inform the arrestee of the right to be taken before a magistrate in that county (Penal Code § 821; Penal Code § 822). 100.2.3 ARREST AUTHORITY WITHIN THE JURISDICTION OF THE FRESNO COUNTY SHERIFF - CORONER'S OFFICE The arrest authority within the State of California is as follows (Penal Code § 830.1): (a)As to any public offense committed or which there is probable cause to believe has been committed within the jurisdiction of the Fresno County Sheriff - Coroner's Office. (b)Where the peace officer has the consent of the Sheriff. (c)As to any public offense committed or which there is probable cause to believe has been committed in the deputy’s presence and there is immediate danger to a person or property, or of the escape of the perpetrator of the offense. (d)Arrest pursuant to a warrant. 1.For out-of-county warrants, the arresting deputy shall inform the arrestee, in writing without delay, of the right to be taken before a magistrate in this county (Penal Code § 821; Penal Code § 822): 100.3 POLICY It is the policy of the Fresno County Sheriff - Coroner's Office to limit its members to only exercise the authority granted to them by law. While this office recognizes the power of peace officers to make arrests and take other enforcement action, deputies are encouraged to use sound discretion in the enforcement of the law. This office does not tolerate the abuse of law enforcement authority. 100.4 CONSTITUTIONAL REQUIREMENTS All members shall observe and comply with every person’s clearly established rights under the United States and California Constitutions. 100.5 INTERSTATE PEACE OFFICER POWERS Peace officer powers may be extended to other states: (a)As applicable under interstate compacts, memorandums of understanding or mutual aid agreements in compliance with the laws of each state. (b)When a deputy 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). Peace officers of another state who enter the State of California in fresh pursuit to arrest a person who has committed a felony in the other state have the same authority to arrest and hold in custody Fresno County Sheriff - Coroner's Office Policy Manual Law Enforcement Authority Copyright Lexipol, LLC 2017/07/11, All Rights Reserved. Published with permission by Fresno County Sheriff - Coroner's Office Law Enforcement Authority - 9 such person as peace officers of this state have to arrest and hold a person in custody (Penal Code § 852.2). Policy 101 Fresno County Sheriff - Coroner's Office Policy Manual Copyright Lexipol, LLC 2017/07/11, All Rights Reserved. Published with permission by Fresno County Sheriff - Coroner's Office Chief Executive Officer - 10 Chief Executive Officer 101.1 PURPOSE AND SCOPE The California Commission on Peace Officer Standards and Training (POST) has mandated that all sworn officers and dispatchers employed within the State of California shall receive certification by POST within prescribed time periods. The Sheriff-Coroner is the Chief Executive Officer. 101.1.1 CHIEF EXECUTIVE OFFICER REQUIREMENTS Any chief executive officer of this office appointed after January 1, 1999, shall, as a condition of continued employment, complete the course of training prescribed by POST and obtain the Basic Certificate by POST within two years of appointment (Penal Code § 832.4). Policy 103 Fresno County Sheriff - Coroner's Office Policy Manual Copyright Lexipol, LLC 2017/07/11, All Rights Reserved. Published with permission by Fresno County Sheriff - Coroner's Office Policy Manual - 11 Policy Manual 103.1 PURPOSE AND SCOPE The manual of the Fresno County Sheriff - Coroner's Office 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 office. All members are to conform to the provisions of this manual. All prior and existing manuals, orders and regulations that are in conflict with this manual are rescinded, except to the extent that portions of existing manuals, procedures, orders and other regulations that have not been included herein shall remain in effect, provided that they do not conflict with the provisions of this manual. 103.2 POLICY Except where otherwise expressly stated, the provisions of this manual shall be considered as guidelines. It is recognized that the work of law enforcement is not always predictable and circumstances may arise which warrant departure from these guidelines. It is the intent of this manual to be viewed from an objective standard, taking into consideration the sound discretion entrusted to members of this office under the circumstances reasonably available at the time of any incident. 103.2.1 DISCLAIMER The provisions contained in the Policy Manual are not intended to create an employment contract nor any employment rights or entitlements. The policies contained within this manual are for the internal use of the Fresno County Sheriff - Coroner's Office and shall not be construed to create a higher standard or duty of care for civil or criminal liability against the County, its officials or members. Violations of any provision of any policy contained within this manual shall only form the basis for office administrative action, training or discipline. The Fresno County Sheriff - Coroner's Office reserves the right to revise any policy content, in whole or in part. 103.3 AUTHORITY The Sheriff 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 Sheriff or the authorized designee is authorized to issue Standing Orders, which shall modify those provisions of the manual to which they pertain. Standing Orders shall remain in effect until such time as they may be permanently incorporated into the manual. 103.4 DEFINITIONS The following words and terms shall have these assigned meanings throughout the Policy Manual, unless it is apparent from the content that they have a different meaning: Adult - Any person 18 years of age or older. CCR - California Code of Regulations (Example: 15 CCR 1151). Fresno County Sheriff - Coroner's Office Policy Manual Policy Manual Copyright Lexipol, LLC 2017/07/11, All Rights Reserved. Published with permission by Fresno County Sheriff - Coroner's Office Policy Manual - 12 CHP- The California Highway Patrol. CFR - Code of Federal Regulations. County - The County of Fresno. Non-sworn - Employees and volunteers who are not sworn peace officers. /FSO - The Fresno County Sheriff - Coroner's Office. DMV - The Department of Motor Vehicles. Employee - Any person employed by the Office. Juvenile- Any person under the age of 18 years. Manual - The Fresno County Sheriff - Coroner's Office Policy Manual. May - Indicates a permissive, discretionary or conditional action. Member - Any person employed or appointed by the Fresno County Sheriff - Coroner's Office, including: •Full- and part-time employees •Sworn peace officers •Reserve, auxiliary deputies •Non-sworn employees •Volunteers. Deputy Sheriff - Those employees, regardless of rank, who are sworn peace officers of the Fresno County Sheriff - Coroner's Office. Deputy Coroner - A Deputy Coroner assigned to the Coroner’s Unit who conducts death investigations and assists the Forensic Pathologist to determine the cause and manner of death. They are responsible to identify the deaths falling under the jurisdiction of the Sheriff-Coroner’s Office, identification of the deceased, for notifying the next of kin, safeguarding personal property, collection of evidence, and completion of mandatory records and documents. They may assist the Forensic Pathologist with autopsies and external examinations and other duties as assigned. 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 a deputy. Shall or will - Indicates a mandatory action. Should - Indicates a generally required or expected action, absent a rational basis for failing to conform. Fresno County Sheriff - Coroner's Office Policy Manual Policy Manual Copyright Lexipol, LLC 2017/07/11, All Rights Reserved. Published with permission by Fresno County Sheriff - Coroner's Office Policy Manual - 13 Supervisor - A person in a position of authority that may include responsibility for hiring, transfer, suspension, promotion, discharge, assignment, reward or discipline of other office 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., deputy-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 office member on-duty, that person may also be the supervisor, except when circumstances reasonably require the notification or involvement of the member’s off-duty supervisor or an on-call supervisor. USC - United States Code. 103.5 ISSUING THE POLICY MANUAL An electronic version of the Policy Manual will be made available to all members on the office network for viewing and printing. No changes shall be made to the manual without authorization from the Sheriff 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 Standing Orders. Members shall seek clarification as needed from an appropriate supervisor for any provisions that they do not fully understand. 103.6 PERIODIC REVIEW OF THE POLICY MANUAL The Sheriff will ensure that the Policy Manual is periodically reviewed and updated as necessary. 103.7 REVISIONS TO POLICIES All revisions to the Policy Manual will be provided to each member on or before the date the policy becomes effective. Each member will be required to acknowledge that he/she has reviewed the revisions and shall seek clarification from an appropriate supervisor as needed. Members are responsible for keeping abreast of all Policy Manual revisions. Each Bureau Commander will ensure that members under his/her command are aware of any Policy Manual revision. All office members suggesting revision of the contents of the Policy Manual shall forward their written suggestions to their Bureau Commanders via the chain of command, who will consider the recommendations and forward them to the command staff as appropriate. Fresno County Sheriff - Coroner's Office Policy Manual Copyright Lexipol, LLC 2017/07/11, All Rights Reserved. Published with permission by Fresno County Sheriff - Coroner's Office General Operations - 14 Chapter 3 - General Operations Policy 300 Fresno County Sheriff - Coroner's Office Policy Manual Copyright Lexipol, LLC 2017/07/11, All Rights Reserved. Published with permission by Fresno County Sheriff - Coroner's Office Use of Force - 15 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 Office is expected to use these guidelines to make such decisions in a professional, impartial and reasonable manner. 300.1.1 DEFINITIONS Definitions related to this policy include: Deadly force - Force reasonably anticipated to create a substantial likelihood of causing death or very serious injury. Force - The application of physical techniques or tactics, chemical agents or weapons to another person. It is not a use of force when a person allows him/herself to be searched, escorted, handcuffed or restrained. 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. Deputies/Correctional Officers are involved on a daily basis in numerous and varied interactions and, when warranted, may use reasonable force in carrying out their duties. Deputies/Correctional 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 or correctional duties. This Office recognizes and respects the value of all human life and dignity without prejudice to anyone. Vesting deputies with the authority to use reasonable force and to protect the public welfare requires monitoring, evaluation and a careful balancing of all interests. 300.2.1 DUTY TO INTERCEDE Any deputy/correctional officer present and observing another member 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. A deputy/correctinal officer who observes another member use force that exceeds the degree of force permitted by law shall report these observations to a supervisor. 300.3 USE OF FORCE Deputies/Correctional Officers shall use only that amount of force that reasonably appears necessary given the facts and circumstances perceived by the deputy/correctional officer at the time of the event to accomplish a legitimate law enforcement purpose. The reasonableness of force will be judged from the perspective of a reasonable deputy/ correctional officer on the scene at the time of the incident. Any evaluation of reasonableness Fresno County Sheriff - Coroner's Office Policy Manual Use of Force Copyright Lexipol, LLC 2017/07/11, All Rights Reserved. Published with permission by Fresno County Sheriff - Coroner's Office Use of Force - 16 must allow for the fact that deputies/correctional 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 a deputy/correctional officer might encounter, deputies/correctional 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 deputies/correctional officers reasonably believe that it would be impractical or ineffective to use any of the tools, weapons or methods provided by this Office. Deputies/Correctional Officers may find it more effective or reasonable to improvise their response to rapidly unfolding conditions that they are confronting. In such circumstances, the use of any improvised device or method must nonetheless be reasonable and utilized only to the degree that reasonably appears necessary to accomplish a legitimate law enforcement purpose. While the ultimate objective of every law enforcement encounter is to avoid or minimize injury, nothing in this policy requires a deputy/correctional officer to retreat or be exposed to possible physical injury before applying reasonable force. 300.3.1 USE OF FORCE TO EFFECT AN ARREST Any peace officer may use reasonable force to effect an arrest, to prevent escape or to overcome resistance. A peace officer who makes or attempts to make an arrest need not retreat or desist from his/her efforts by reason of resistance or threatened resistance on the part of the person being arrested; nor shall a deputy be deemed the aggressor or lose his/her right to self-defense by the use of reasonable force to effect the arrest, prevent escape or to overcome resistance (Penal Code § 835a). 300.3.2 FACTORS USED TO DETERMINE THE REASONABLENESS OF FORCE When determining whether to apply force and evaluating whether a deputy has used reasonable force, a number of factors should be taken into consideration, as time and circumstances permit. These factors include, but are not limited to: (a)Immediacy and severity of the threat to deputies or others. (b)The conduct of the individual being confronted, as reasonably perceived by the deputy at the time. (c)Deputy/subject factors (age, size, relative strength, skill level, injuries sustained, level of exhaustion or fatigue, the number of deputies available vs. subjects). (d)The effects of drugs or alcohol. (e)Subject’s mental state or capacity. (f)Proximity of weapons or dangerous improvised devices. Fresno County Sheriff - Coroner's Office Policy Manual Use of Force Copyright Lexipol, LLC 2017/07/11, All Rights Reserved. Published with permission by Fresno County Sheriff - Coroner's Office Use of Force - 17 (g)The degree to which the subject has been effectively restrained and his/her ability to resist despite being restrained. (h)The availability of other options and their possible effectiveness. (i)Seriousness of the suspected offense or reason for contact with the individual. (j)Training and experience of the deputy. (k)Potential for injury to deputies, suspects and others. (l)Whether the person appears to be resisting, attempting to evade arrest by flight or is attacking the deputy. (m)The risk and reasonably foreseeable consequences of escape. (n)The apparent need for immediate control of the subject or a prompt resolution of the situation. (o)Whether the conduct of the individual being confronted no longer reasonably appears to pose an imminent threat to the deputy or others. (p)Prior contacts with the subject or awareness of any propensity for violence. (q)Any other exigent circumstances. 300.3.3 PAIN COMPLIANCE TECHNIQUES Pain compliance techniques may be effective in controlling a physically or actively resisting individual. Deputies/Correctional Officers may only apply those pain compliance techniques for which they have successfully completed Office approved training. Deputies/Correctional 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 deputy/correctional officer. (c)Whether the person has been given sufficient opportunity to comply. The application of any pain compliance technique shall be discontinued once the deputy/ correctional officer determines that compliance has been achieved. 300.3.4 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 deputy/correctional officer shall have successfully completed office-approved training in the use and application of the carotid control hold. (b)The carotid control hold may only be used when circumstances perceived by the deputy/ correctional officer at the time indicate that such application reasonably appears necessary to control a person in any of the following circumstances: Fresno County Sheriff - Coroner's Office Policy Manual Use of Force Copyright Lexipol, LLC 2017/07/11, All Rights Reserved. Published with permission by Fresno County Sheriff - Coroner's Office Use of Force - 18 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 deputies/correctional 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 deputy/correctional officer, the subject or others, and the deputy/correctional officer reasonably believes that the need to control the individual outweighs the risk of applying a carotid control hold: 1.Females who are known to be pregnant 2.Elderly individuals 3.Obvious juveniles 4.Individuals who appear to have Down syndrome or who appear to have obvious neck deformities or malformations, or visible neck injuries (d)Any individual who has had the carotid control hold applied, regardless of whether he/ she was rendered unconscious, shall be promptly examined by paramedics or other qualified medical personnel and should be monitored until examined by paramedics or other appropriate medical personnel. (e)The deputy/correctional 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 deputy/correctional 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 deputy/correctional officer in any related reports. 300.3.5 USE OF FORCE TO SEIZE EVIDENCE In general, deputies may use reasonable force to lawfully seize evidence and to prevent the destruction of evidence. However, deputies are discouraged from using force solely to prevent a person from swallowing evidence or contraband. In the instance when force is used, deputies 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. Deputies are encouraged to use techniques and methods taught by the Fresno County Sheriff - Coroner's Office for this specific purpose. 300.4 DEADLY FORCE APPLICATIONS Use of deadly force is justified in the following circumstances: Fresno County Sheriff - Coroner's Office Policy Manual Use of Force Copyright Lexipol, LLC 2017/07/11, All Rights Reserved. Published with permission by Fresno County Sheriff - Coroner's Office Use of Force - 19 (a)A deputy/correctional officer may use deadly force to protect him/herself or others from what he/she reasonably believes would be an imminent threat of death or serious bodily injury. (b)A deputy/correctional officer may use deadly force to stop a fleeing subject when the deputy/ correctional officer has probable cause to believe that the person has committed, or intends to commit, a felony involving the infliction or threatened infliction of serious bodily injury or death, and the deputy/correctional officer reasonably believes that there is an imminent risk of serious bodily injury or death to any other person if the subject is not immediately apprehended. Under such circumstances, a verbal warning should precede the use of deadly force, where feasible. Imminent does not mean immediate or instantaneous. An imminent danger may exist even if the suspect is not at that very moment pointing a weapon at someone. For example, an imminent danger may exist if a deputy/correctional officer reasonably believes any of the following: 1.The person has a weapon or is attempting to access one and it is reasonable to believe the person intends to use it against the deputy/correctional officer or another. 2.The person is capable of causing serious bodily injury or death without a weapon and it is reasonable to believe the person intends to do so. 300.4.1 SHOOTING AT OR FROM MOVING VEHICLES Shots fired at or from a moving vehicle are rarely effective. Deputies/Correctional Officers should move out of the path of an approaching vehicle instead of discharging their firearm at the vehicle or any of its occupants. A deputy/correctional officer should only discharge a firearm at a moving vehicle or its occupants when the deputy/correctional 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 deputy/correctional officer or others. This does not preclude the discharge of firearms from a helicopter by officers who have been trained in airborne firearm deployment. Deputies/Correctional Officer should not shoot at any part of a vehicle in an attempt to disable the vehicle. 300.5 REPORTING THE USE OF FORCE Any use of force by a member of this office shall be documented promptly, completely and accurately in an appropriate report, depending on the nature of the incident. The deputy/ correctional 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 Office may require the completion of additional report forms, as specified in office policy, procedure or law. 300.5.1 NOTIFICATION TO SUPERVISORS Supervisory notification shall be made as soon as practicable following the application of force in any of the following circumstances: Fresno County Sheriff - Coroner's Office Policy Manual Use of Force Copyright Lexipol, LLC 2017/07/11, All Rights Reserved. Published with permission by Fresno County Sheriff - Coroner's Office Use of Force - 20 (a)The application caused a visible injury. (b)The application would lead a reasonable deputy to conclude that the individual may have experienced more than momentary discomfort. (c)The individual subjected to the force complained of injury or continuing pain. (d)The individual indicates intent to pursue litigation. (e)Any application of a TASER device or control device. (f)Any application of a restraint device other than handcuffs, shackles or belly chains. (g)The individual subjected to the force was rendered unconscious. (h)An individual was struck or kicked. (i)An individual alleges any of the above has occurred. 300.5.2 REPORTING TO CALIFORNIA DEPARTMENT OF JUSTICE The Records Unit Commander or the authorized designee shall ensure that data required by the Department of Justice (DOJ) regarding all officer-involved shootings and incidents involving use of force resulting in serious bodily injury is collected and forwarded to the DOJ as required by Government Code § 12525.2 . 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 deputy’s/correctional 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 deputy/correctional 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 deputy/correctional 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 deputy/correctional 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 Fresno County Sheriff - Coroner's Office Policy Manual Use of Force Copyright Lexipol, LLC 2017/07/11, All Rights Reserved. Published with permission by Fresno County Sheriff - Coroner's Office Use of Force - 21 multiple deputies/correctional officers to be brought under control, may be at an increased risk of sudden death. Calls involving these persons should be considered medical emergencies. Deputies/Correctional Officers who reasonably suspect a medical emergency should request medical assistance as soon as practicable and have medical personnel stage away if appropriate. 300.7 SUPERVISOR RESPONSIBILITY When a supervisor is able to respond to an incident in which there has been a reported application of force, the supervisor is expected to: (a)Obtain the basic facts from the involved members. 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 report. 3.The recording of the interview should be distinctly marked for retention until all potential for civil litigation has expired. (d)Once any initial medical assessment has been completed or first aid has been rendered, ensure that photographs have been taken of any areas involving visible injury or complaint of pain, as well as overall photographs of uninjured areas. These photographs should be retained until all potential for civil litigation has expired. (e)Identify any witnesses not already included in related reports. (f)Review and approve all related reports. (g)Determine if there is any indication that the subject may pursue civil litigation. 1.If there is an indication of potential civil litigation, the supervisor should make 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. Fresno County Sheriff - Coroner's Office Policy Manual Use of Force Copyright Lexipol, LLC 2017/07/11, All Rights Reserved. Published with permission by Fresno County Sheriff - Coroner's Office Use of Force - 22 300.7.1 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, address any training issues and notify the appropriate unit commander. 300.8 TRAINING Deputies/Correctional Officers will receive periodic training on this policy and demonstrate their knowledge and understanding. Policy 306 Fresno County Sheriff - Coroner's Office Policy Manual Copyright Lexipol, LLC 2017/07/11, All Rights Reserved. Published with permission by Fresno County Sheriff - Coroner's Office Firearms - 23 Firearms 306.1 PURPOSE AND SCOPE This policy provides guidelines for issuing firearms, the safe and legal carrying of firearms, firearms maintenance and firearms training. This policy does not apply to issues related to the use of firearms that are addressed in the Use of Force or Officer-Involved Shootings and Deaths policies. This policy only applies to those members who are authorized to carry firearms. 306.2 POLICY The Fresno County Sheriff - Coroner's Office will equip its members with firearms to address the risks posed to the public and office members by violent and sometimes well-armed persons. The Office will ensure firearms are appropriate, in good working order and that relevant training is provided as resources allow. 306.3 AUTHORIZED FIREARMS, AMMUNITION AND OTHER WEAPONS Members shall only use firearms that are issued or approved by the Office and have been thoroughly inspected by the Officer Armorers. Except in an emergency or as directed by a supervisor, no firearm shall be carried by a member who has not qualified with that firearm at an authorized office range. All other weapons not provided by the Office, 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 office policy, may not be carried by members in the performance of their official duties without the express written authorization of the member’s Bureau Commander. This exclusion does not apply to the carrying of pocketknives that are not otherwise prohibited by law. 306.3.1 HANDGUNS The authorized office-issued handgun is the Smith & Wesson M&P45. 306.3.2 SHOTGUNS The authorized office-issued shotgun is the Remington 870 12 gauge. When not deployed, the shotgun shall be properly secured consistent with office training in a locking weapons rack in the patrol vehicle. 306.3.3 RIFLES The authorized office-issued patrol rifle is the Smith & Wesson M&P15 .223. The following additional approved and assigned rifles are approved for on-duty use: MAKE MODEL CALIBER LWRC M6 .223 Fresno County Sheriff - Coroner's Office Policy Manual Firearms Copyright Lexipol, LLC 2017/07/11, All Rights Reserved. Published with permission by Fresno County Sheriff - Coroner's Office Firearms - 24 LWRC REPR .308 Desert Tactical .308 Members may deploy the duty rifle in any circumstance where the member can articulate a reasonable expectation that the rifle may be needed. When not deployed, the rifle shall be properly secured in a locking weapons rack or in a locked container in the patrol vehicle with the chamber empty, magazine loaded and inserted into the magazine well, the bolt forward with the dust cover closed, the trigger pulled to release the hammer and the selector lever in the fire position (selector lever cannot be in the safe position with the hammer released). 306.3.4 AUTHORIZED SECONDARY HANDGUN Members desiring to carry personally owned secondary handguns are subject to the following restrictions: (a)The handgun shall be in good working order. (b)The purchase of the handgun and ammunition shall be the responsibility of the member unless the handgun or ammunition are provided by the Office. (c)The handgun shall be carried concealed at all times and in such a manner as to prevent unintentional cocking, discharge or loss of physical control. (d)The handgun shall be inspected by an Office Armorer prior to being carried and thereafter shall be subject to inspection whenever it is deemed necessary. (e)If the caliber of the handgun is other than office issue, the Sheriff or the authorized designee shall approve the ammunition. Ammunition should be of good quality and commercially manufactured to Sporting Arms and Ammunition Manufacturer’s Institute (SAAMI) specifications and standards. Ammunition shall not be hand-loaded, reloaded, or of foreign manufacture. (f)Prior to carrying the secondary handgun, members shall qualify under range supervision and thereafter shall qualify annually. Members must demonstrate proficiency and safe handling, and that the handgun functions properly. (g)Members shall provide written notice of the make, model, color, serial number and caliber of a secondary handgun to an Officer Amorer, who will maintain a list of the information. (h)During most on-duty activities, the primary duty weapon shall be carried on the person in a holster approved by the Sheriff’s Office. While on-duty and in a specific “undercover” situation, the following options may be utilized: 1.The member may opt to carry their off-duty handgun, and/or their secondary handgun as needed for the specific “undercover” situation. These specific “undercover” assignments are normally of short time duration, such as an undercover buy of narcotics, etc. 2.The handgun may be carried with or without a holster as determined by the specific activity. Fresno County Sheriff - Coroner's Office Policy Manual Firearms Copyright Lexipol, LLC 2017/07/11, All Rights Reserved. Published with permission by Fresno County Sheriff - Coroner's Office Firearms - 25 306.3.5 AUTHORIZED OFF-DUTY FIREARMS The carrying of firearms by members while off-duty is permitted by the Sheriff but may be rescinded should circumstances dictate (e.g., administrative leave). Members who choose to carry a firearm while off-duty, based on their authority as peace officers, will be required to meet the following guidelines: (a)The member may use his/her duty firearm or may use a personally owned firearm that is carried and inspected in accordance with the Personally Owned Duty Firearms requirements in this policy. A member carrying his/her duty firearm will be deemed to have complied with (c), (d) and (e) of this section. 1.The purchase of the personally owned firearm and ammunition shall be the responsibility of the member. (b)The firearm should be carried concealed at all times and in such a manner as to prevent accidental unintentional cocking, discharge or loss of physical control. (c)It will be the responsibility of the member to submit the firearm to an Officer Amorer for inspection prior to being personally carried. Thereafter the firearm shall be subject to periodic inspection by an Office Armorer. (d)Prior to carrying any off-duty firearm, the member shall demonstrate to Training Unit range staff that he/she is proficient in handling and firing the firearm and that it will be carried in a safe manner. (e)The member will successfully qualify with the firearm prior to it being carried. (f)Members shall provide written notice of the make, model, color, serial number and caliber of the firearm to the Training Unit range staff, who will maintain a list of the information. (g)If a member desires to use more than one firearm while off-duty, he/she may do so, as long as all requirements set forth in this policy for each firearm are met. (h)Members shall only carry office-authorized ammunition. (i)When armed, deputies shall carry their badges and Fresno County Sheriff - Coroner's Office identification card. 306.3.6 AMMUNITION Members shall carry only office-authorized ammunition. Members shall be issued fresh duty ammunition in the specified quantity for all office-issued firearms during the member’s firearms qualification. Replacements for unserviceable or depleted ammunition issued by the Office shall be dispensed by the Training Unit range staff when needed, in accordance with established policy. Members carrying personally owned authorized firearms of a caliber differing from office-issued firearms shall be responsible for obtaining fresh duty ammunition in accordance with the above, at their own expense. Ammunition is subject to review and approval by the range staff. “Snake loads” may be used by members working foothill assignments for the explicit purpose of eradicating snakes. Fresno County Sheriff - Coroner's Office Policy Manual Firearms Copyright Lexipol, LLC 2017/07/11, All Rights Reserved. Published with permission by Fresno County Sheriff - Coroner's Office Firearms - 26 306.4 EQUIPMENT Firearms carried on- or off-duty shall be maintained in a clean, serviceable condition. Maintenance and repair of authorized personally owned firearms are the responsibility of the individual member. 306.4.1 REPAIRS OR MODIFICATIONS Each member shall be responsible for promptly reporting any damage or malfunction of an assigned firearm to a supervisor or the Officer Armorer. Firearms that are the property of the Office or approved for office use may be repaired or modified only by a person who is certified as an armorer or gunsmith in the repair of the specific firearm. Such modification or repair must be authorized in advance by the Office Armorer. Any repairs or modifications to the member’s personally owned firearm shall be done at his/her expense and must be approved by an Officer Armorer. Alteration or modification of an approved weapon is an immediate cancellation of any authorization to carry the weapon (subject to this policy) until the weapon is re-inspected and approved by an Office Armorer, and the employee requalifies using the employee-owned handgun. 306.4.2 HOLSTERS Uniformed members shall carry the M&P45 using the gun belt and holster issued by the Sheriff’s Office. All handguns that have been issued a Streamlight® TLR1 light shall be holstered with the issued weapon light attached. While holstered, the locking hood shall be in the fully closed position during normal carrying conditions. During an evolving tactical event, circumstances may dictate that the hood be left in the open position. The stationary hood guard is optional for field personnel, but is mandatory as a matter of officer safety for employees whose primary assignment requires them to work in close proximity to persons in custody (e.g., Court Services Unit, Special Detail Unit, Transportation). Jail Division personnel using a pool M&P45 without a light may use either the Safariland ALS Level II retention holster or the standard leather holster with a snap retention. While on-duty, non-uniformed members (e.g., detectives) shall carry, on their person, the M&P45 in the issued holster in combination with a standard belt, with or without a buckle. The handgun shall be holstered with the weapon light (Streamlight TLR1) attached. While holstered, the Self Locking System (SLS) hood is to be in the fully closed position. If the M&P45 is not worn as the primary weapon, it shall be kept available for purposes of pre- planned operations, or other duties as required. Fresno County Sheriff - Coroner's Office Policy Manual Firearms Copyright Lexipol, LLC 2017/07/11, All Rights Reserved. Published with permission by Fresno County Sheriff - Coroner's Office Firearms - 27 While on-duty non-uniformed members issued a Smith & Wesson M&P45, without the Streamlight, may wear one of the following: (a)An Office-issued holster. (b)An inside trouser holster with waistband clip. (c)A belt loop holster with safety strap. (d)Other holsters as approved by the Training Unit must be purchased and maintained by the officer at their own expense. During on-duty activities, undercover members shall carry their primary duty weapon on their person in a holster approved by the Sheriff’s Office, and the policy governing non-uniformed officers shall apply. While on-duty and in a specific “undercover” situation, the following options may be utilized: (a)The member may opt to carry their off-duty handgun, and/or their secondary handgun as needed for the specific “undercover” situation. These specific “undercover” assignments are normally of short time duration, such as an undercover buy of narcotics, etc. The handgun may be carried with or without a holster as determined by the specific activity. (b)The member may be unarmed for specific activity, with the approval of a unit sergeant. (c)Nothing in this section shall limit a supervisor's authority in requiring personnel to carry the issued Smith & Wesson M&P45 for a specific assignment or task with reasonable notice. Due to the design of the Class A jacket, it is not practicable to wear it with a duty belt, holster and M&P45. When wearing the jacket, members are authorized to wear their weapon in a concealed holster that does not detract from the overall fit or general appearance of the jacket. 306.4.3 TACTICAL LIGHTS Tactical lights may only be installed on a firearm carried on- or off-duty after they have been examined and approved by an Officer Armorer. Once the approved tactical lights have been properly installed on any firearm, the member shall qualify with the firearm to ensure proper functionality and sighting of the firearm prior to carrying it. 306.4.4 OPTICS OR LASER SIGHTS Optics or laser sights may only be installed on a firearm carried on- or off-duty after they have been examined and approved by an Officer Armorer. Any approved sight shall only be installed in strict accordance with manufacturer specifications. Once approved sights have been properly installed on any firearm, the member shall qualify with the firearm to ensure proper functionality and sighting of the firearm prior to carrying it. Except in an approved training situation, a member may only sight in on a target when the member would otherwise be justified in pointing a firearm at the target. 306.5 SAFE HANDLING, INSPECTION AND STORAGE Members shall maintain the highest level of safety when handling firearms and shall consider the following: Fresno County Sheriff - Coroner's Office Policy Manual Firearms Copyright Lexipol, LLC 2017/07/11, All Rights Reserved. Published with permission by Fresno County Sheriff - Coroner's Office Firearms - 28 (a)Members shall not unnecessarily display or handle any firearm. (b)Members shall be governed by all rules and regulations pertaining to the use of the range and shall obey all orders issued by the Training Unit range staff. (c)Members shall not clean, repair, load or unload a firearm anywhere in the Office, except where clearing barrels are present. Where clearing barrels are not available, they will be loaded and unloaded in a safe manner. (d)Shotguns or rifles removed from vehicles or the equipment storage room shall be loaded and unloaded in a safe manner, preferably in the parking lot and outside of the vehicle, using clearing barrels when available. (e)Members shall not place or store any firearm or other weapon on office premises except where the place of storage is locked. No one shall carry firearms into the jail section or any part thereof when securing or processing an arrestee, but shall place all firearms in a secured location. Members providing access to the jail section to persons from outside agencies are responsible for ensuring firearms are not brought into the jail section. (f)Members shall not use any automatic firearm, heavy caliber rifle, gas or other type of chemical weapon or firearm from the armory, except with approval of a Unit Commander or designee. (g)Any firearm authorized by the Office to be carried on- or off-duty that is determined by a member to be malfunctioning or in need of service or repair shall not be carried. It shall be promptly presented to the Office or an Office Armorer approved by the Office for inspection. Any issued firearm deemed in need of repair or service by the Training Unit range staff will be immediately removed from service. If the firearm is the member’s primary duty firearm, a replacement firearm will be issued to the member until the duty firearm is serviceable. 306.5.1 INSPECTION AND STORAGE Handguns should be inspected regularly and upon access or possession by another person. Shotguns and rifles shall be inspected at the beginning of the shift by the member to whom the weapon is issued. The member shall ensure that the firearm is carried in the proper condition and loaded with approved ammunition. Inspection of the shotgun and rifle shall be done while standing outside of the patrol vehicle. All firearms shall be pointed in a safe direction or into clearing barrels. When not stored in a vehicle, firearms may be safely stored in lockers or another approved location at the end of the shift. Handguns may remain loaded if they are secured in an appropriate holster. Shotguns and rifles shall be unloaded in a safe manner outside the building and then stored in the appropriate equipment storage room. 306.5.2 STORAGE AT HOME Members shall ensure that all firearms and ammunition are locked and secured while in their homes, vehicles or any other area under their control, and in a manner that will keep them inaccessible to children and others who should not have access. Members shall not permit office- issued firearms to be handled by anyone not authorized by the Office to do so. Members should be aware that negligent storage of a firearm could result in civil and criminal liability (Penal Code § 25100). Fresno County Sheriff - Coroner's Office Policy Manual Firearms Copyright Lexipol, LLC 2017/07/11, All Rights Reserved. Published with permission by Fresno County Sheriff - Coroner's Office Firearms - 29 306.5.3 ALCOHOL AND DRUGS Firearms shall not be carried by any member, either on- or off-duty, who has consumed an amount of an alcoholic beverage, or has taken any drugs or medication, has taken any combination thereof that would tend to adversely affect the member’s senses or judgment. 306.5.4 STORAGE IN VEHICLES Weapons shall not be left unattended in a vehicle without being secured via a locking mechanism. All firearms left in unattended patrol vehicles shall remain in the provided locking device. If the vehicle has an alarm, the alarm shall be activated. Firearms left in unattended private vehicles or in a Sheriff’s Office vehicle that is not equipped with a mounted locking device shall be secured by a locking mechanism that is designed to significantly deter the theft of the weapon (e.g., handgun storage safe, mobile security box, etc.). The storage device shall be stored out of sight, preferably in a trunk, if available. Employees with weapons that cannot be secured via a mounted locking mechanism are encouraged to secure their weapons in an environment other than in an unattended vehicle, whenever feasible. Deputies are exempt from this requirement during circumstances requiring immediate aid or action in the course of official duties (Penal Code § 25140). 306.6 FIREARMS TRAINING AND QUALIFICATIONS All members who carry a firearm while on-duty are required to successfully complete training annually with their duty firearms. In addition to annual training, all members will qualify at least quarterly with their primary duty handgun and rifle. Members will qualify with off-duty and secondary firearms and shotgun at least once a year. Training and qualifications must be on an approved range course. At least annually, all members carrying a firearm should receive practical training designed to simulate field situations including low-light shooting. 306.6.1 NON-CERTIFICATION OR NON-QUALIFICATION If any member fails to meet minimum standards for firearms training or qualification for any reason, including injury, illness, duty status or scheduling conflict, that member shall submit a memorandum to his/her immediate supervisor. Notification will be made to the Training Unit Sergeant, along with the appropriate Watch Commander or Unit Commander. Those who fail to meet minimum standards or qualify on their first shooting attempt shall be provided remedial training and will be subject to the following requirements: (a)Additional range assignments may be scheduled to assist the member in demonstrating consistent firearm proficiency. (b)Members shall be given credit for a range training or qualification when obtaining a qualifying score or meeting standards after remedial training. (c)No range credit will be given for the following: 1. Unauthorized range make-up Fresno County Sheriff - Coroner's Office Policy Manual Firearms Copyright Lexipol, LLC 2017/07/11, All Rights Reserved. Published with permission by Fresno County Sheriff - Coroner's Office Firearms - 30 2. Failure to meet minimum standards or qualify after remedial training Members who repeatedly fail to meet minimum standards will be removed from field assignment and may be subject to disciplinary action. 306.7 FIREARM DISCHARGE Except during training or recreational use, any member who discharges a firearm intentionally or unintentionally, on- or off-duty, shall make a verbal report to his/her supervisor as soon as circumstances permit. If the discharge results in injury or death to another person, additional statements and reports shall be made in accordance with the Officer-Involved Shootings and Deaths Policy. If a firearm was discharged as a use of force, the involved member shall adhere to the additional reporting requirements set forth in the Use of Force Policy. In all other cases, written reports shall be made as follows: (a)If on-duty at the time of the incident, the member shall file a written report with his/her Bureau Commander or provide a recorded statement to investigators prior to the end of shift, unless otherwise directed. (b)If off-duty at the time of the incident, 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. 306.7.1 DESTRUCTION OF ANIMALS Members are authorized to use firearms to stop an animal in circumstances where the animal reasonably appears to pose an imminent threat to human safety and alternative methods are not reasonably available or would likely be ineffective. In circumstances where there is sufficient advance notice that a potentially dangerous animal may be encountered, office members should develop reasonable contingency plans for dealing with the animal (e.g., fire extinguisher, TASER® device, oleoresin capsicum (OC) spray, animal control officer). Nothing in this policy shall prohibit any member from shooting a dangerous animal if circumstances reasonably dictate that a contingency plan has failed or becomes impractical. 306.7.2 INJURED ANIMALS A member may euthanize an animal that is so badly injured that human compassion requires its removal from further suffering and where other dispositions are impractical (Penal Code § 597.1(e)). Injured animals (with the exception of dogs and cats) may only be euthanized after a reasonable search to locate the owner has been made (Penal Code § 597.1(b)). Injured dogs and cats found without their owners shall be taken to an appropriate veterinarian for determination of whether they should be treated or humanely destroyed, except when the animal is too injured to move or a veterinarian is not available. Fresno County Sheriff - Coroner's Office Policy Manual Firearms Copyright Lexipol, LLC 2017/07/11, All Rights Reserved. Published with permission by Fresno County Sheriff - Coroner's Office Firearms - 31 306.7.3 WARNING AND OTHER SHOTS Generally, warning shots or shots fired for the purpose of summoning aid are discouraged and may not be discharged unless the member reasonably believes that they appear necessary, effective and reasonably safe. 306.8 TRAINING UNIT RANGE STAFF DUTIES The range will be under the exclusive control of the Training Unit Commander. All members attending will follow the directions of the Training Unit range staff. The Training Unit range staff will maintain a roster of all members attending the range and will submit the roster to the Training Unit Commander after each range date. Failure of any member to sign in and out with the Training Unit range staff may result in non-qualification. The range shall remain operational and accessible to Office members during hours established by the Office. The Training Unit range staff has the responsibility of making periodic inspection, at least once a year, of all duty firearms carried by members of this office to verify proper operation. The Training Unit Range staff has the authority to deem any office-issued or personally owned firearm unfit for service. The member will be responsible for all repairs to his/her personally owned firearm and it will not be returned to service until inspected by the Training Unit range staff. The Training Unit range staff has the responsibility for ensuring each member meets the minimum requirements during training shoots and, on at least a yearly basis, can demonstrate proficiency in the care, cleaning and safety of all firearms the member is authorized to carry. The Training Unit range staff shall complete and submit to the Training Unit Sergeant documentation of the training courses provided. Documentation shall include the qualifications of each instructor who provides the training, a description of the training provided and, on a form that has been approved by the Office, a list of each member who completes the training. The Training Unit range staff shall keep accurate records of all training shoots, qualifications, repairs, maintenance or other records as directed by the Training Unit Commander. 306.9 FLYING WHILE ARMED The Transportation Security Administration (TSA) has imposed rules governing law enforcement officers flying armed on commercial aircraft. The following requirements apply to deputies who intend to be armed while flying on a commercial air carrier or flights where screening is conducted (49 CFR 1544.219): (a)Deputies wishing to fly while armed must be flying in an official capacity, not for vacation or pleasure, and must have a need to have the firearm accessible, as determined by the Office based on the law and published TSA rules. (b)Deputies must carry their Fresno County Sheriff - Coroner's Office identification card, bearing the deputy’s name, a full-face photograph, identification number, the deputy’s signature and the signature of the Sheriff or the official seal of the Office and must present this identification to airline officials when requested. The deputy should also carry the Fresno County Sheriff - Coroner's Office Policy Manual Firearms Copyright Lexipol, LLC 2017/07/11, All Rights Reserved. Published with permission by Fresno County Sheriff - Coroner's Office Firearms - 32 standard photo identification needed for passenger screening by airline and TSA officials (e.g., driver license, passport). (c)The Fresno County Sheriff - Coroner's Office must submit a National Law Enforcement Telecommunications System (NLETS) message prior to the deputy’s travel. If approved, TSA will send the Fresno County Sheriff - Coroner's Office an NLETS message containing a unique alphanumeric identifier. The deputy must present the message on the day of travel to airport personnel as authorization to travel while armed. (d)An official letter signed by the Sheriff authorizing armed travel may also accompany the deputy. The letter should outline the deputy’s need to fly armed, detail his/her itinerary, and include that the deputy has completed the mandatory TSA training for a law enforcement officer flying while armed. (e)Deputies must have completed the mandated TSA security training covering deputies flying while armed. The training shall be given by the office-appointed instructor. (f)It is the deputy’s responsibility to notify the air carrier in advance of the intended armed travel. This notification should be accomplished by early check-in at the carrier’s check-in counter. (g)Any deputy flying while armed should discreetly contact the flight crew prior to take-off and notify them of his/her assigned seat. (h)Discretion must be used to avoid alarming passengers or crew by displaying a firearm. The deputy must keep the firearm concealed on his/her person at all times. Firearms are not permitted in carry-on luggage and may not be stored in an overhead compartment. (i)Deputies should try to resolve any problems associated with flying armed through the flight captain, ground security manager, TSA representative or other management representative of the air carrier. (j)Deputies shall not consume alcoholic beverages while aboard an aircraft, or within eight hours prior to boarding an aircraft. 306.10 CARRYING FIREARMS OUT OF STATE Qualified, active, full-time deputies of this office are authorized to carry a concealed firearm in all other states subject to the following conditions (18 USC § 926B): (a)The deputy shall carry his/her Fresno County Sheriff - Coroner's Office identification card whenever carrying such firearm. (b)The deputy is not the subject of any current disciplinary action. (c)The deputy shall not be under the influence of alcohol or any other intoxicating or hallucinatory drug. (d)The deputy will remain subject to this and all other office policies (including qualifying and training). Deputies are cautioned that individual states may enact local regulations that permit private persons or entities to prohibit or restrict the possession of concealed firearms on their property, or that prohibit or restrict the possession of firearms on any state or local government property, Fresno County Sheriff - Coroner's Office Policy Manual Firearms Copyright Lexipol, LLC 2017/07/11, All Rights Reserved. Published with permission by Fresno County Sheriff - Coroner's Office Firearms - 33 installation, building, base or park. Federal authority may not shield a deputy from arrest and prosecution in such locally restricted areas. Active law enforcement officers from other states are subject to all requirements set forth in 18 USC § 926B. Policy 307 Fresno County Sheriff - Coroner's Office Policy Manual Copyright Lexipol, LLC 2017/07/11, All Rights Reserved. Published with permission by Fresno County Sheriff - Coroner's Office Vehicle Pursuits - 34 Vehicle Pursuits 307.1 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 deputies 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 deputies to exhibit a high degree of common sense and sound judgment. Deputies must not forget that the immediate apprehension of a suspect is generally not more important than the safety of the public and pursuing deputies. 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 deputy 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 office 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. Deputies must remember that the most important factors to the successful conclusion of a pursuit are proper self-discipline and sound professional judgment. Deputy's conduct during the course of a pursuit must be objectively reasonable; that is, what a reasonable deputy 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. 307.1.1 DEFINITIONS Blocking or vehicle intercept - A slow-speed coordinated maneuver where two or more patrol vehicles simultaneously intercept and block the movement of a suspect vehicle, the driver of which may be unaware of the impending enforcement stop, with the goal of containment and preventing a pursuit. Blocking is not a moving or stationary road block. Boxing-in - A tactic designed to stop a violator’s vehicle by surrounding it with law enforcement vehicles and then slowing all vehicles to a stop. Pursuit Intervention Technique (PIT) - A low-speed maneuver designed to cause the suspect vehicle to spin out and terminate the pursuit. Ramming - The deliberate act of impacting a violator’s vehicle with another vehicle to functionally damage or otherwise force the violator’s vehicle to stop. Roadblocks - A tactic designed to stop a violator’s vehicle by intentionally placing an emergency vehicle or other immovable object in the path of the violator’s vehicle. Spikes or tack strips - A device that extends across the roadway designed to puncture the tires of the pursued vehicle. Fresno County Sheriff - Coroner's Office Policy Manual Vehicle Pursuits Copyright Lexipol, LLC 2017/07/11, All Rights Reserved. Published with permission by Fresno County Sheriff - Coroner's Office Vehicle Pursuits - 35 Vehicle pursuit - 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 a deputy’s signal to stop. 307.2 DEPUTY RESPONSIBILITIES It shall be the policy of this office 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 deputies with guidelines for driving with due regard and caution for the safety of all persons using the highway as required by Vehicle Code § 21056. 307.2.1 WHEN TO INITIATE A PURSUIT Deputies 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 deputies, 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 deputy's familiarity with the area of the pursuit, the quality of radio communications between the pursuing units and the dispatcher/supervisor and the driving capabilities of the pursuing deputies 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). Fresno County Sheriff - Coroner's Office Policy Manual Vehicle Pursuits Copyright Lexipol, LLC 2017/07/11, All Rights Reserved. Published with permission by Fresno County Sheriff - Coroner's Office Vehicle Pursuits - 36 (k)Availability of other resources such as helicopter assistance. (l)The sheriff unit is carrying passengers other than sheriff deputies. Pursuits should not be undertaken with a prisoner in the police vehicle. 307.2.2 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 deputy or supervisor during the pursuit indicates that the present risks of continuing the pursuit reasonably appear to outweigh the risks resulting from the suspect’s escape. 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. Deputies 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 deputies 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)Deputy’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 unreasonable risks 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, deputies should strongly consider discontinuing the pursuit and apprehending the offender at a later time. (g)Pursuit is terminated by a supervisor. 307.2.3 SPEED LIMITS The speed of a pursuit is a factor that should be evaluated on a continuing basis by the deputy 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, deputies and supervisors shall also consider these factors when determining the reasonableness of the speed of the pursuit: Fresno County Sheriff - Coroner's Office Policy Manual Vehicle Pursuits Copyright Lexipol, LLC 2017/07/11, All Rights Reserved. Published with permission by Fresno County Sheriff - Coroner's Office Vehicle Pursuits - 37 (a)Pursuit speeds have become unreasonably unsafe for the surrounding conditions. (b)Pursuit speeds have exceeded the driving ability of the deputy. (c)Pursuit speeds are beyond the capabilities of the pursuit vehicle thus making its operation unsafe. 307.3 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. A deputy or supervisor may request additional units to join a pursuit if, after assessing the factors outlined above, it appears that the number of deputies involved would be insufficient to safely arrest the suspects. All other deputies should stay out of the pursuit, but should remain alert to its progress and location. Any deputy 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. 307.3.1 MOTORCYCLE OFFICERS A distinctively marked patrol vehicle equipped with emergency overhead lighting should replace a sheriff motorcycle as primary and/or secondary pursuit unit as soon as practical. 307.3.2 VEHICLES WITHOUT EMERGENCY EQUIPMENT Vehicles not equipped with red light and siren are generally prohibited from initiating or joining in any pursuit. Deputies in such vehicles, however, may become involved in emergency activities involving serious crimes or life threatening situations. Those deputies 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 deputies using vehicles without emergency equipment. 307.3.3 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 deputy 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)Traffic and roadway conditions. (e)Description of the fleeing vehicle and license number, if known. (f)Number of known occupants. Fresno County Sheriff - Coroner's Office Policy Manual Vehicle Pursuits Copyright Lexipol, LLC 2017/07/11, All Rights Reserved. Published with permission by Fresno County Sheriff - Coroner's Office Vehicle Pursuits - 38 (g)The identity or description of the known occupants. (h)Information concerning the use of firearms, threat of force, injuries, hostages or other unusual hazards. Unless relieved by a supervisor or secondary unit, the deputy 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 deputy should relinquish the responsibility of broadcasting the progress of the pursuit to a secondary unit or aircraft joining the pursuit. 307.3.4 SECONDARY UNITS RESPONSIBILITIES The second deputy in the pursuit is responsible for the following: (a)The deputy 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 deputy, or if the primary unit is unable to continue the pursuit. (c)The secondary deputy should be responsible for broadcasting the progress of the pursuit unless the situation indicates otherwise. 307.3.5 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)Deputies, 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, deputies 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. Fresno County Sheriff - Coroner's Office Policy Manual Vehicle Pursuits Copyright Lexipol, LLC 2017/07/11, All Rights Reserved. Published with permission by Fresno County Sheriff - Coroner's Office Vehicle Pursuits - 39 3.Requesting other units to observe exits available to the suspects. (d)Notifying the California Highway Patrol (CHP) and/or other jurisdictional agency if it appears that the pursuit may enter their jurisdiction. (e)Deputies 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. 307.3.6 TACTICS/PROCEDURES FOR UNITS NOT INVOLVED IN THE PURSUIT There should be no paralleling of the pursuit route. Deputies are authorized to use emergency equipment at intersections along the pursuit path to clear intersections of vehicular and pedestrian traffic to protect the public. Deputies 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 unless otherwise requested. 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. 307.3.7 PURSUIT TRAILING In the event the initiating unit from this agency either relinquishes control of the pursuit to another unit or jurisdiction, that initiating unit may, with permission of a supervisor, trail the pursuit to the termination point in order to provide necessary information and assistance for the arrest of the suspects. The term trail means to follow the path of the pursuit at a safe speed while obeying all traffic laws and without activating emergency equipment. If the pursuit is at a slow rate of speed, the trailing unit will maintain sufficient distance from the pursuit units so as to clearly indicate an absence of participation in the pursuit. 307.3.8 AIRCRAFT ASSISTANCE When available, aircraft assistance should be requested. Once the air unit has established visual contact with the pursued vehicle, it should assume control over the pursuit. The primary and secondary ground units should consider the participation of aircraft assistance when determining whether to continue the pursuit. The air unit should coordinate the activities of resources on the ground, report progress of the pursuit and provide deputies and supervisors with details of upcoming traffic congestion, road hazards, or other pertinent information to evaluate whether or not to continue the pursuit. If ground units are not within visual contact and the air unit determines that it is unsafe to continue the pursuit, the air unit has the authority to terminate the pursuit. 307.4 SUPERVISORY CONTROL AND RESPONSIBILITY It is the policy of this office that available supervisory and management control will be exercised over all vehicle pursuits involving deputies from this office. Fresno County Sheriff - Coroner's Office Policy Manual Vehicle Pursuits Copyright Lexipol, LLC 2017/07/11, All Rights Reserved. Published with permission by Fresno County Sheriff - Coroner's Office Vehicle Pursuits - 40 The field supervisor of the deputy 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 pursuit in order to ensure that the pursuit is conducted within established office 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 FSO units when a pursuit enters another jurisdiction. (j)Preparing post-pursuit critique and analysis of the pursuit for training purposes when necessary. (k)Ensure all reports are completed with copies forwarded, for review, to the Watch Commander who had responsibility during the time of the pursuit. 307.4.1 WATCH COMMANDER RESPONSIBILITY Upon becoming aware that a pursuit has been initiated, the Watch Commander should monitor and continually assess the situation and ensure the pursuit is conducted within the guidelines and requirements of this policy. The Watch Commander has the final responsibility for the coordination, control and termination of a vehicle pursuit and shall be in overall command. The Watch Commander shall review all pertinent reports for content and forward to the Bureau Commander as appropriate. 307.5 COMMUNICATIONS If the pursuit is confined within the County limits, radio communications will be conducted on the primary channel unless instructed otherwise by a supervisor or communications dispatcher. If the pursuit leaves the jurisdiction of this office or such is imminent, involved units should, whenever available, switch radio communications to an emergency channel most accessible by participating agencies and units. 307.5.1 COMMUNICATION CENTER RESPONSIBILITIES Upon notification that a pursuit has been initiated, the Communications Center will: Fresno County Sheriff - Coroner's Office Policy Manual Vehicle Pursuits Copyright Lexipol, LLC 2017/07/11, All Rights Reserved. Published with permission by Fresno County Sheriff - Coroner's Office Vehicle Pursuits - 41 (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. (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. 307.5.2 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. 307.6 INTER-JURISDICTIONAL CONSIDERATIONS When a pursuit enters another agency's jurisdiction, the primary deputy 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 deputy 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. 307.6.1 ASSUMPTION OF PURSUIT BY ANOTHER AGENCY Units originally involved will discontinue the pursuit when another agency has assumed the pursuit and the Fresno County Sheriff - Coroner's Office determines their involvement is no longer needed. Upon discontinuing the pursuit, the primary unit may proceed upon request, with or at the direction of a supervisor, to the termination point to assist in the investigation. The role and responsibilities of deputies at the termination of a pursuit initiated by this office shall be coordinated with appropriate consideration of the units from the agency assuming the pursuit. 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 CHP units, a request for CHP assistance will mean that they may assume responsibilities for the pursuit. For the same reasons, when a pursuit leaves the freeway and a request for assistance is made to this office, the CHP may relinquish control. 307.6.2 PURSUITS EXTENDING INTO THIS JURISDICTION The agency that initiates a pursuit shall be responsible for conducting the pursuit. Units from this office 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 office may join the pursuit until sufficient units from the initiating agency join the pursuit. Fresno County Sheriff - Coroner's Office Policy Manual Vehicle Pursuits Copyright Lexipol, LLC 2017/07/11, All Rights Reserved. Published with permission by Fresno County Sheriff - Coroner's Office Vehicle Pursuits - 42 When a request is made for this office 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 (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 deputies 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 deputies of this office will terminate at the County limits provided that the pursuing officers have sufficient assistance from other sources. Ongoing participation from this office may continue only until sufficient assistance is present. In the event that a pursuit from another agency terminates within this jurisdiction, deputies 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. 307.7 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 sheriff unit into contact with the pursued vehicle to mechanically disable or forcibly position it such that further flight is not possible or practicable. 307.7.1 WHEN USE IS AUTHORIZED Use of pursuit intervention tactics should be employed only after approval of a supervisor. In deciding whether to use intervention tactics, deputies/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 deputies 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 deputy at the time of the decision. Only those deputies trained in the use of PIT will be authorized to use this procedure. It is imperative that deputies act within the bounds of legality, good judgment, training and accepted practices. 307.7.2 USE OF FIREARMS The use of firearms to disable a pursued vehicle is not generally an effective tactic and involves all the dangers associated with discharging firearms. Deputies should not utilize firearms during Fresno County Sheriff - Coroner's Office Policy Manual Vehicle Pursuits Copyright Lexipol, LLC 2017/07/11, All Rights Reserved. Published with permission by Fresno County Sheriff - Coroner's Office Vehicle Pursuits - 43 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 deputy from using a firearm to stop a suspect from using a vehicle as a deadly weapon. 307.7.3 INTERVENTION STANDARDS Any pursuit intervention tactic, depending upon the conditions and circumstances under which it is used, may present dangers to the deputies, 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. Deputies 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 deputies 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 deputies 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, deputies, or other members of the public. 2.All other reasonable intervention techniques have failed or reasonably appear ineffective. 3.Employing the blocking maneuver does not unreasonably increase the risk to officer safety. 4.The target vehicle is stopped or traveling at a low speed. 5.At no time should civilian vehicles be used to deploy this technique. (b)Only those deputies trained in the use of 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 deputies, the public and occupants of the pursued vehicle. (c)Ramming a fleeing vehicle should be done only after other reasonable tactical means at the deputy'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 deputies 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. Fresno County Sheriff - Coroner's Office Policy Manual Vehicle Pursuits Copyright Lexipol, LLC 2017/07/11, All Rights Reserved. Published with permission by Fresno County Sheriff - Coroner's Office Vehicle Pursuits - 44 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 deputies 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 deputies, 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. Deputies should carefully consider the limitations of such devices as well as the potential risks to deputies, 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, deputies and supervisors should weigh the potential consequences against the need to immediately stop the vehicle. (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, deputies or other members of the public. 307.7.4 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. Deputies 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 deputy should coordinate efforts to apprehend the suspects following the pursuit. Deputies should consider safety of the public and the involved deputies when formulating plans to contain and capture the suspects. 307.8 REPORTING REQUIREMENTS The following reports should be completed upon conclusion of all pursuits: (a)The primary deputy 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 § Fresno County Sheriff - Coroner's Office Policy Manual Vehicle Pursuits Copyright Lexipol, LLC 2017/07/11, All Rights Reserved. Published with permission by Fresno County Sheriff - Coroner's Office Vehicle Pursuits - 45 14602.1). The primary deputy 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 Watch Commander should promptly complete an entry into the Watch Commander's Log, briefly summarizing the pursuit. This log should minimally contain the following information: 1.Date and time of pursuit 2.Length of pursuit 3.Involved units and deputies 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 8.Medical treatment 9.Name of supervisor at scene 307.8.1 REGULAR AND PERIODIC PURSUIT TRAINING In addition to initial and supplementary Police Officer Standard Training (POST) training on pursuits required by Penal Code § 13519.8, all sworn members of this office will participate no less than annually in regular and periodic office 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 deputies and others (Vehicle Code § 17004.7(d)). 307.8.2 POLICY REVIEW Each sworn member of this office shall certify in writing that they have received, read and understand this policy initially and upon any amendments. The POST attestation form, or an equivalent form, may be used to document the compliance and should be retained in the member’s training file. 307.9 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 314 Fresno County Sheriff - Coroner's Office Policy Manual Copyright Lexipol, LLC 2017/07/11, All Rights Reserved. Published with permission by Fresno County Sheriff - Coroner's Office Discriminatory Harassment - 46 Discriminatory Harassment 314.1 PURPOSE AND SCOPE The purpose of this policy is to prevent office 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. 314.2 POLICY The Fresno County Sheriff - Coroner's Office 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. The Office will not tolerate discrimination against a member in hiring, promotion, discharge, compensation, fringe benefits and other privileges of employment. The Office 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 Office 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. 314.3 DEFINITIONS Definitions related to this policy include: 314.3.1 DISCRIMINATION The Office prohibits all forms of discrimination, including any employment-related action by a member that adversely affects an applicant or member and is based on race, color, religion, sex, age, national origin or ancestry, genetic information, disability, military service, sexual orientation 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 office equipment and/or systems to transmit or receive offensive material, statements or pictures. Such conduct is contrary to office policy and to a work environment that is free of discrimination. 314.3.2 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 Fresno County Sheriff - Coroner's Office Policy Manual Discriminatory Harassment Copyright Lexipol, LLC 2017/07/11, All Rights Reserved. Published with permission by Fresno County Sheriff - Coroner's Office Discriminatory Harassment - 47 discrimination, participated in an investigation or opposed a discriminatory practice. Retaliation will not be tolerated. 314.3.3 SEXUAL HARASSMENT The Office 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. 314.3.4 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 County or office rules or regulations, or any other appropriate work-related communication between supervisor and member. 314.4 RESPONSIBILITIES This policy applies to all office personnel. All members shall follow the intent of these guidelines in a manner that reflects office policy, professional law enforcement standards and the best interest of the Office 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 Sheriff, the County Personnel Manager or the County Administrative Officer. 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. Fresno County Sheriff - Coroner's Office Policy Manual Discriminatory Harassment Copyright Lexipol, LLC 2017/07/11, All Rights Reserved. Published with permission by Fresno County Sheriff - Coroner's Office Discriminatory Harassment - 48 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. 314.4.1 QUESTIONS OR CLARIFICATION Members with questions regarding what constitutes discrimination, sexual harassment or retaliation are encouraged to contact a supervisor, a manager, the Sheriff, the County Personnel Manager, the County Administrative Officer or the California Department of Fair Employment and Housing for further information, direction or clarification. 314.4.2 SUPERVISOR RESPONSIBILITIES Supervisors and managers shall: (a)Continually monitoring the work environment and strive 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 their 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 Sheriff or Human Resources Commander in writing of the circumstances surrounding any reported allegations or observed acts of discrimination, harassment or retaliation no later than the next business day. 314.4.3 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 our Office 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. Fresno County Sheriff - Coroner's Office Policy Manual Discriminatory Harassment Copyright Lexipol, LLC 2017/07/11, All Rights Reserved. Published with permission by Fresno County Sheriff - Coroner's Office Discriminatory Harassment - 49 314.5 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 Office that all complaints of discrimination, retaliation or harassment shall be fully documented and promptly and thoroughly investigated. 314.5.1 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. 314.5.2 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 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 Sheriff, Human Resources Commander or the County Administrative Officer. 314.5.3 ALTERNATIVE COMPLAINT PROCESS No provision of this policy shall be construed to prevent any member from seeking legal redress outside the Office. 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. 314.6 DOCUMENTATION OF COMPLAINTS All complaints or allegations shall be thoroughly documented on forms and in a manner designated by the Sheriff. The outcome of all reports shall be: Fresno County Sheriff - Coroner's Office Policy Manual Discriminatory Harassment Copyright Lexipol, LLC 2017/07/11, All Rights Reserved. Published with permission by Fresno County Sheriff - Coroner's Office Discriminatory Harassment - 50 •Approved by the Sheriff, the County Administrative Officer or the County Personnel Manager, depending on the ranks of the involved parties. •Maintained in accordance with the office's established records retention schedule. 314.6.1 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. 314.7 TRAINING All new members shall be provided with a copy of this policy as part of their orientation. The policy shall be reviewed with each new member. The member shall certify by signing the prescribed form that he/she has been advised of this policy, is aware of and understands its contents and agrees to abide by its provisions during his/her term with the Office. 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. 314.7.1 SUPERVISOR TRAINING All supervisors shall receive specific training and education regarding sexual harassment and prevention of abusive conduct within six months of assuming a supervisory position. Refresher training shall be provided every two years thereafter (Government Code § 12950.1; 2 CCR 11023). 314.7.2 TRAINING RECORDS The Training Manager shall be responsible for maintaining records of all discriminatory harassment training provided to members. Records shall be retained in accordance with established records retention schedules and for a minimum of two years (2 CCR 11023). Fresno County Sheriff - Coroner's Office Policy Manual Copyright Lexipol, LLC 2017/07/11, All Rights Reserved. Published with permission by Fresno County Sheriff - Coroner's Office Patrol Operations - 51 Chapter 4 - Patrol Operations Policy 404 Fresno County Sheriff - Coroner's Office Policy Manual Copyright Lexipol, LLC 2017/07/11, All Rights Reserved. Published with permission by Fresno County Sheriff - Coroner's Office Special Weapons and Tactics (SWAT) Unit - 52 Special Weapons and Tactics (SWAT) Unit 404.1 PURPOSE AND SCOPE The Special Weapons and Tactics (SWAT) Unit is comprised of two specialized teams: the Crisis Negotiation Team (CNT) and the Special Weapons and Tactics (SWAT) Team. The unit has been established to provide specialized support in handling critical field operations where intense negotiations and/or special tactical deployment methods beyond the capacity of field officers appear to be necessary. This policy is written to comply with the guidelines established in the Attorney General’s Commission on Special Weapons and Tactics Report (September 2002) and the POST 2005 SWAT Operational Guidelines and Standardized Training Recommendations (Penal Code § 13514.1). 404.1.1 OPERATIONAL AND ADMINISTRATIVE POLICY The Policy Manual sections pertaining to SWAT are divided into Administrative and Operational Policy and Procedures. Since situations that necessitate the need for such a law enforcement response vary greatly from incident to incident and such events often demand on-the-scene evaluation, the Operational Policy outlined in this manual section serves as a guideline to office personnel allowing for appropriate on scene decision making as required. The Administrative Procedures, however, are more restrictive and few exceptions should be taken. 404.1.2 SWAT TEAM DEFINED A SWAT team is a designated unit of personnel that is specifically trained and equipped to work as a coordinated team to resolve critical incidents that are so hazardous, complex, or unusual that they may exceed the capabilities of first responders or investigative units including, but not limited to, hostage taking, barricaded suspects, snipers, terrorist acts and other high-risk incidents. As a matter of office policy, such a unit may also be used to serve high-risk warrants, both search and arrest, where public and officer safety issues warrant the use of such a unit. 404.2 LEVELS OF CAPABILITY/TRAINING The Fresno County Sheriff - Coroner's Office has, and will maintain, a Level II SWAT Team rating. 404.2.1 LEVEL I A level I SWAT team is a basic team capable of providing containment and intervention with critical incidents that exceed the training and resources available to line-level deputies. This does not include ad hoc teams of officers that are formed around a specific mission, detail or incident (e.g. active shooter response). Generally 5% of the basic team’s on-duty time should be devoted to training. 404.2.2 LEVEL II A level II, Intermediate level SWAT team is capable of providing containment and intervention. Additionally, these teams possess tactical capabilities above the Level I teams. These teams may or may not work together on a daily basis, but are intended to respond to incidents as a team. At Fresno County Sheriff - Coroner's Office Policy Manual Special Weapons and Tactics (SWAT) Unit Copyright Lexipol, LLC 2017/07/11, All Rights Reserved. Published with permission by Fresno County Sheriff - Coroner's Office Special Weapons and Tactics (SWAT) Unit - 53 least 5% of their on-duty time should be devoted to training with supplemental training for tactical capabilities above the Level I team. 404.2.3 LEVEL III A Level III, Advanced level SWAT team is a SWAT team whose personnel function as a full- time unit. Generally 25% of their on-duty time is devoted to training. Level III teams operate in accordance with contemporary best practices. Such units possess both skills and equipment to utilize tactics beyond the capabilities of Level I and Level II teams. 404.3 POLICY It shall be the policy of this office to maintain a SWAT team and to provide the equipment, personnel, and training necessary to maintain a SWAT team. The SWAT team should develop sufficient resources to perform three basic operational functions: (a)Command and Control (b)Containment (c)Entry/Apprehension/Rescue It is understood it is difficult to categorize specific capabilities for critical incidents. Training needs may vary based on the experience level of the team personnel, team administrators and potential incident commanders. Nothing in this policy shall prohibit individual teams from responding to a situation that exceeds their training levels due to the exigency of the circumstances. The preservation of innocent human life is paramount. 404.3.1 POLICY CONSIDERATIONS A RiskAssessment Matrix Form should be completed to determine the type and extent of SWAT missions and operations appropriate to this office. The assessment should consider the team’s capabilities and limitations and should be reviewed annually by the SWAT Commander or his/ her designee. 404.3.2 ORGANIZATIONAL PROCEDURES This office shall develop a separate written set of organizational procedures which should address, at minimum, the following: (a)Locally identified specific missions the team is capable of performing. (b)Team organization and function. (c)Personnel selection and retention criteria. (d)Training and required competencies. (e)Procedures for activation and deployment. (f)Command and control issues, including a clearly defined command structure. (g)Multi-agency response. Fresno County Sheriff - Coroner's Office Policy Manual Special Weapons and Tactics (SWAT) Unit Copyright Lexipol, LLC 2017/07/11, All Rights Reserved. Published with permission by Fresno County Sheriff - Coroner's Office Special Weapons and Tactics (SWAT) Unit - 54 (h)Out-of-jurisdiction response. (i)Specialized functions and supporting resources. 404.3.3 OPERATIONAL PROCEDURES This office shall develop a separate written set of operational procedures in accordance with the determination of their level of capability, using sound risk reduction practices. The operational procedures should be patterned after the National Tactical Officers Association Suggested SWAT Best Practices. Because such procedures are specific to SWAT members and will outline tactical and officer safety issues, they are not included within this policy. The operational procedures should include, at minimum, the following: (a)Designated personnel responsible for developing an operational or tactical plan prior to, and/or during SWAT operations (time permitting). 1.All SWAT team members should have an understanding of operational planning. 2.SWAT team training should consider planning for both spontaneous and planned events. 3.SWAT teams should incorporate medical emergency contingency planning as part of the SWAT operational plan. (b)Plans for mission briefings conducted prior to an operation, unless circumstances require immediate deployment. 1.When possible, briefings should include the specialized units and supporting resources. (c)Protocols for a sustained operation should be developed which may include relief, rotation of personnel and augmentation of resources. (d)A generic checklist to be worked through prior to initiating a tactical action as a means of conducting a threat assessment to determine the appropriate response and resources necessary, including the use of SWAT. (e)The appropriate role for a trained negotiator. (f)A standard method of determining whether or not a warrant should be regarded as high-risk. (g)A method for deciding how best to serve a high-risk warrant with all reasonably foreseeable alternatives being reviewed in accordance with risk/benefit criteria prior to selecting the method of response. (h)Post incident scene management including: 1.Documentation of the incident. 2.Transition to investigations and/or other units. 3.Debriefing after every deployment of the SWAT team. Fresno County Sheriff - Coroner's Office Policy Manual Special Weapons and Tactics (SWAT) Unit Copyright Lexipol, LLC 2017/07/11, All Rights Reserved. Published with permission by Fresno County Sheriff - Coroner's Office Special Weapons and Tactics (SWAT) Unit - 55 (a)After-action team debriefing provides evaluation and analysis of critical incidents and affords the opportunity for individual and team assessments, helps to identify training needs, and reinforces sound risk management practices. (b)Such debriefing should be conducted as soon as practicable at the conclusion of the event. (c)In order to maintain candor and a meaningful exchange, debriefing will generally not be recorded. (d)When appropriate, debriefing should include specialized units and resources. (i)Sound risk management analysis. (j)Standardization of equipment deployed. 404.4 TRAINING NEEDS ASSESSMENT The SWAT Commander shall conduct an annual SWAT Training needs assessment to ensure that training is conducted within team capabilities, office policy and the training guidelines as established by POST (11 C.C.R. § 1084). 404.4.1 INITIAL TRAINING SWAT team operators and SWAT supervisors/team leaders should not be deployed until successful completion of the POST-certified Basic SWAT Course or its equivalent. Untrained deputies may be used in a support or training capacity. Additional training will be coordinated by the team supervisor. (a)To avoid unnecessary or redundant training, previous training completed by members may be considered equivalent when the hours and content (topics) meet or exceed office requirements or POST standardized training recommendations. 404.4.2 UPDATED TRAINING Appropriate team training for the specialized SWAT functions and other supporting resources should be completed prior to full deployment of the team. SWAT team operators and SWAT supervisors/team leaders should complete update or refresher training as certified by POST, or its equivalent, every 24 months. 404.4.3 SUPERVISION AND MANAGEMENT TRAINING Command and executive personnel are encouraged to attend training for managing the SWAT function at the organizational level to ensure personnel who provide active oversight at the scene of SWAT operations understand the purpose and capabilities of the teams. Command personnel who may assume incident command responsibilities should attend SWAT or Critical Incident Commander course or its equivalent. SWAT command personnel should attend a POST-certified SWAT commander or tactical commander course, or its equivalent. Fresno County Sheriff - Coroner's Office Policy Manual Special Weapons and Tactics (SWAT) Unit Copyright Lexipol, LLC 2017/07/11, All Rights Reserved. Published with permission by Fresno County Sheriff - Coroner's Office Special Weapons and Tactics (SWAT) Unit - 56 404.4.4 SWAT ONGOING TRAINING Training shall be coordinated by the SWAT Commander. The SWAT Commander may conduct monthly training exercises that include a review and critique of personnel and their performance in the exercise in addition to specialized training. Training shall consist of the following: (a)Each SWAT member shall perform a physical fitness test once each year. A minimum qualifying score must be attained by each team member. (b)Any SWAT team member failing to attain the minimum physical fitness qualification score will be notified of the requirement to retest and attain a qualifying score. Within 30 days of the previous physical fitness test date, the member required to qualify shall report to a team supervisor and complete the entire physical fitness test. Failure to qualify after a second attempt may result in dismissal from the team. (c)Those members who are on vacation, ill, or are on light duty status with a doctor’s note of approval on the test date, shall be responsible for reporting to a team supervisor and taking the test within 30 days of their return to regular duty. Any member, who fails to arrange for and perform the physical fitness test within the 30-day period, shall be considered as having failed to attain a qualifying score for that test period. (d)Quarterly, each SWAT team member shall perform the mandatory SWAT handgun qualification course. The qualification course shall consist of the SWAT Basic Drill for the handgun. Failure to qualify will require that officer to seek remedial training from a team range master approved by the SWAT Commander. Team members who fail to qualify must retest within 30 days. Failure to qualify within 30 days with or without remedial training may result in dismissal from the team. (e)Each SWAT team member shall complete the quarterly SWAT qualification course for any specialty weapon issued to, or used by, the team member during SWAT operations. Failure to qualify will require the team member to seek remedial training from a Rangemaster who has been approved by the SWAT Commander. Team members who fail to qualify on their specialty weapon may not utilize the specialty weapon on SWAT operations until qualified. Team members who fail to qualify must retest within 30 days. Failure to qualify with specialty weapons within 30 days may result in the team member being removed from the team or permanently disqualified from use of that particular specialty weapon. 404.4.5 TRAINING SAFETY Use of a designated safety officer shall be considered for all tactical training. 404.4.6 SCENARIO BASED TRAINING SWAT teams should participate in scenario-based training that simulates the tactical operational environment. Such training is an established method of improving performance during an actual deployment. Fresno County Sheriff - Coroner's Office Policy Manual Special Weapons and Tactics (SWAT) Unit Copyright Lexipol, LLC 2017/07/11, All Rights Reserved. Published with permission by Fresno County Sheriff - Coroner's Office Special Weapons and Tactics (SWAT) Unit - 57 404.4.7 TRAINING DOCUMENTATION Individual and team training shall be documented and records maintained by the SWAT Unit Commander or designee. A separate agency SWAT training file shall be maintained with documentation and records of all team training. 404.5 UNIFORMS, EQUIPMENT, AND FIREARMS 404.5.1 UNIFORMS SWAT teams from this agency should wear uniforms that clearly identify team members as law enforcement officers. It is recognized that certain tactical conditions may require covert movement. Attire may be selected appropriate to the specific mission. 404.5.2 EQUIPMENT SWAT teams from this agency should be adequately equipped to meet the specific mission(s) identified by the agency. 404.5.3 FIREARMS Weapons and equipment used by SWAT, the specialized units, and the supporting resources should be agency-issued or approved. Any modifications, additions, or attachments of SWAT specialty weapons shall be preapproved by the SWAT Unit Commander,the SWAT Bureau Commander, and the Divisional Commander. 404.5.4 OPERATIONAL READINESS INSPECTIONS The SWAT Commander shall appoint a SWAT supervisor to perform operational readiness inspections of all unit equipment at least annually. The result of the inspection will be forwarded to the SWAT Commander in writing. The inspection will include personal equipment issued to members of the unit and operational equipment maintained in the SWAT truck. 404.6 MANAGEMENT/SUPERVISION OF SWAT The Commander of the SWAT Team shall be selected by the Sheriff upon recommendation of staff. 404.6.1 PRIMARY UNIT MANAGER Under the direction of the Sheriff, through the SWAT Team Bureau Commander, the SWAT Team shall be managed by a lieutenant. 404.6.2 TEAM SUPERVISORS The Crisis Negotiation Team and SWAT Team will be supervised by sergeants. The team supervisors shall be approved by the Sheriff upon specific recommendation by staff and the SWAT Commander. The following represent the supervisor responsibilities for the SWAT Team. Fresno County Sheriff - Coroner's Office Policy Manual Special Weapons and Tactics (SWAT) Unit Copyright Lexipol, LLC 2017/07/11, All Rights Reserved. Published with permission by Fresno County Sheriff - Coroner's Office Special Weapons and Tactics (SWAT) Unit - 58 (a)The Crisis Negotiation Team supervisor's primary responsibility is to supervise the operations of the Crisis Negotiation Team which will include deployment, training, first line participation, and other duties as directed by the SWAT Commander. (b)The Special Weapons and Tactics Team supervisor's primary responsibility is to supervise the operations of the SWAT Team, which will include deployment, training, first line participation, and other duties as directed by the SWAT Commander. 404.7 CRISIS NEGOTIATION TEAM ADMINISTRATIVE PROCEDURES The Crisis Negotiation Team has been established to provide skilled verbal communicators who may be utilized to attempt to de-escalate and effect surrender in critical situations where suspects have taken hostages, barricaded themselves, or have suicidal tendencies, or other situations where deemed appropriate. The following procedures serve as directives for the administrative operation of the Crisis Negotiation Team. 404.7.1 SELECTION OF PERSONNEL Interested sworn personnel, who are off probation, shall submit a memo of interest request to their appropriate Bureau Commander. A copy will be forwarded to the SWAT Commander. Qualified applicants will then be invited to an oral interview. The oral board will consist of the SWAT Team Commander and two team supervisors. Interested personnel shall be evaluated by the following criteria: (a)Recognized competence and ability as evidenced by performance. (b)Demonstrated good judgment and understanding of critical role of negotiator and negotiation process. (c)Effective communication skills to ensure success as a negotiator. (d)Special skills, training, or appropriate education as it pertains to the assignment. (e)Commitment to the unit, realizing that the assignment may necessitate unusual working hours, conditions, and training obligations. The oral board shall submit a list of successful applicants to the SWAT Team Bureau Commander for final selection. 404.7.2 TRAINING OF NEGOTIATORS Those deputies selected as members of the Negotiation Team should attend the Basic Negotiators Course as approved by the Commission on Peace Officer Standards and Training (POST) prior to primary use in an actual crisis situation. Untrained deputies may be used in a support or training capacity. Additional training will be coordinated by the team supervisor. A minimum of one training day per quarter will be required to provide the opportunity for role playing and situational training necessary to maintain proper skills. This will be coordinated by the team supervisor. Fresno County Sheriff - Coroner's Office Policy Manual Special Weapons and Tactics (SWAT) Unit Copyright Lexipol, LLC 2017/07/11, All Rights Reserved. Published with permission by Fresno County Sheriff - Coroner's Office Special Weapons and Tactics (SWAT) Unit - 59 Continual evaluation of a team member's performance and efficiency as it relates to the positive operation of the unit shall be conducted by the team supervisor. Performance and efficiency levels, established by the team supervisor, will be met and maintained by all team members. Any member of the Negotiation Team who performs or functions at a level less than satisfactory shall be subject to dismissal from the unit. 404.8 SWAT TEAM ADMINISTRATIVE PROCEDURES The Special Weapons and Tactics (SWAT) Team was established to provide a skilled and trained team which may be deployed during events requiring specialized tactics in such situations as cases where suspects have taken hostages and/or barricaded themselves as well as prolonged or predictable situations in which persons armed or suspected of being armed pose a danger to themselves or others. The following procedures serve as directives for the administrative operation of the Special Weapons and Tactics Team. 404.8.1 SELECTION OF PERSONNEL Interested sworn personnel who are off probation shall submit a memo of interest request to their appropriate Bureau Commander, a copy of which will be forwarded to the SWAT Team Bureau Commander. Those qualifying applicants will then be invited to participate in the testing process. The order of the tests will be given at the discretion of the SWAT Commander. The testing process will consist of an oral board, physical agility, basic issued firearms qualification, and team evaluation. (a)Oral board: The oral board will consist of personnel selected by the SWAT Commander. Applicants will be evaluated by the following criteria: 1.Recognized competence and ability as evidenced by performance; 2.Demonstrated good judgment and understanding of critical role of SWAT member; 3.Special skills, training, or appropriate education as it pertains to this assignment; and, 4.Commitment to the unit, realizing that the additional assignment may necessitate unusual working hours, conditions, and training obligations. (b)Physical agility: The physical agility test is designed to determine the physical capabilities of the applicant as it relates to performance of SWAT-related duties. The test and scoring procedure will be established by the SWAT Team Bureau Commander. A minimum qualifying score shall be attained by the applicant to be considered for the position. (c)Issued firearms qualification: Candidates will be invited to shoot the basic firearms qualification courses. A minimum qualifying score must be attained to qualify. (d)Team evaluation: Current team members will evaluate each candidate on his or her field tactical skills, teamwork, ability to work under stress, communication skills, judgment, and any special skills that could benefit the team. Fresno County Sheriff - Coroner's Office Policy Manual Special Weapons and Tactics (SWAT) Unit Copyright Lexipol, LLC 2017/07/11, All Rights Reserved. Published with permission by Fresno County Sheriff - Coroner's Office Special Weapons and Tactics (SWAT) Unit - 60 (e)A list of successful applicants shall be submitted to the SWAT Team Bureau Commander, for final selection. 404.8.2 TEAM EVALUATION Continual evaluation of a team member’s performance and efficiency as it relates to the positive operation of the unit shall be conducted by the SWAT Team Commander. The performance and efficiency level, as established by the team supervisor, will be met and maintained by all SWAT Team members. Any member of the SWAT Team who performs or functions at a level less than satisfactory shall be subject to dismissal from the team. 404.9 OPERATIONAL GUIDELINES FOR SWAT The following procedures serve as guidelines for the operational deployment of the SWAT Team. Generally, the Special Weapons and Tactics Team and the Crisis Negotiation Team will be activated together. It is recognized, however, that a tactical team may be used in a situation not requiring the physical presence of the Crisis Negotiation Team such as warrant service operations. This shall be at the discretion of the SWAT Team Bureau Commander. 404.9.1 ON-SCENE DETERMINATION The supervisor in charge on the scene of a particular event will assess whether the SWAT Team is to respond to the scene. Upon final determination by the Watch Commander, he/she will notify the SWAT Commander. 404.9.2 APPROPRIATE SITUATIONS FOR USE OF SWAT TEAM The following are examples of incidents which may result in the activation of the SWAT Team: (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. (e)Any situation that could enhance the ability to preserve life, maintain social order, and ensure the protection of property. 404.9.3 OUTSIDE AGENCY REQUESTS Requests by field personnel for assistance from outside agency SWAT Teams must be approved by the Watch Commander. Deployment of the Fresno County Sheriff - Coroner's Office SWAT Team in response to requests by other agencies must be authorized by a Bureau Commander. 404.9.4 MULTI-JURISDICTIONAL SWAT OPERATIONS The SWAT team, including relevant specialized units and supporting resources, should develop protocols, agreements, MOU’s, or working relationships to support multi-jurisdictional or regional responses. Fresno County Sheriff - Coroner's Office Policy Manual Special Weapons and Tactics (SWAT) Unit Copyright Lexipol, LLC 2017/07/11, All Rights Reserved. Published with permission by Fresno County Sheriff - Coroner's Office Special Weapons and Tactics (SWAT) Unit - 61 (a)If it is anticipated that multi-jurisdictional SWAT operations will regularly be conducted; SWAT multi-agency and multi-disciplinary joint training exercises are encouraged. (b)Members of the Fresno County Sheriff - Coroner's Office SWAT team shall operate under the policies, procedures and command of the Fresno County Sheriff - Coroner's Office when working in a multi-agency situation. 404.9.5 MOBILIZATION OF SWAT The On-Scene supervisor shall make a request to the Watch Commander for the SWAT Team. The Watch Commander shall then notify the SWAT Commander. If unavailable, a team supervisor shall be notified. A current mobilization list shall be maintained in the Watch Commander's office by the SWAT Commander. The Watch Commander will then notify the Patrol Bureau Commander as soon as practical. The Watch Commander should advise the SWAT Commander with as much of the following information which is available at the time: (a)The number of suspects, known weapons and resources. (b)If the suspect is in control of hostages. (c)If the suspect is barricaded. (d)The type of crime involved. (e)If the suspect has threatened or attempted suicide. (f)The location of the command post and a safe approach to it. (g)The extent of any perimeter and the number of deputies involved. (h)Any other important facts critical to the immediate situation and whether the suspect has refused an order to surrender. The SWAT Commander or supervisor shall then call selected deputies to respond. 404.9.6 FIELD UNIT RESPONSIBILITIES While waiting for the SWAT Team, field personnel should, if safe, practical and sufficient resources exist: (a)Establish an inner and outer perimeter. (b)Establish a command post outside of the inner perimeter. (c)Establish an arrest/response team. The team actions may include: 1.Securing any subject or suspect who may surrender. 2.Taking action to mitigate a deadly threat or behavior. (d)Evacuate any injured persons or citizens in the zone of danger. Fresno County Sheriff - Coroner's Office Policy Manual Special Weapons and Tactics (SWAT) Unit Copyright Lexipol, LLC 2017/07/11, All Rights Reserved. Published with permission by Fresno County Sheriff - Coroner's Office Special Weapons and Tactics (SWAT) Unit - 62 (e)Attempt to establish preliminary communication with the suspect. Once SWAT has arrived, all negotiations should generally be halted to allow the negotiators and SWAT time to set up. (f)Be prepared to brief the SWAT Commander on the situation. (g)Plan for, and stage, anticipated resources. 404.9.7 ON-SCENE COMMAND RESPONSIBILITIES The Incident Commander shall brief the SWAT Commander or team supervisors about the situation. Once the Incident Commander authorizes deployment, the SWAT Commander or 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 support for the SWAT Team. The Incident Commander and the SWAT Commander (or his/her designee) shall maintain communications at all times. 404.9.8 COMMUNICATION WITH SWAT PERSONNEL All of those persons who are non-SWAT Team personnel should refrain from any non-emergency contact or interference with any member of the team during active operations. Operations require the utmost in concentration by involved personnel and, as a result, no one should interrupt or communicate with SWAT Team personnel directly. All non-emergency communications shall be channeled through the SWAT Team Sergeant or his or her designee. Policy 424 Fresno County Sheriff - Coroner's Office Policy Manual Copyright Lexipol, LLC 2017/07/11, All Rights Reserved. Published with permission by Fresno County Sheriff - Coroner's Office Portable Audio/Video Recorders - 63 Portable Audio/Video Recorders 424.1 PURPOSE AND SCOPE This policy provides guidelines for the use of portable audio/video recording devices by members of this office while in the performance of their duties. Portable audio/video recording devices include all recording systems whether body-worn, hand held or integrated into portable equipment. This policy does not apply to mobile audio/video recordings, interviews or interrogations conducted at any Fresno County Sheriff - Coroner's Office facility, authorized undercover operations, wiretaps or eavesdropping (concealed listening devices). 424.2 POLICY The Fresno County Sheriff - Coroner's Office may provide members with access to portable recorders, either audio or video or both, for use during the performance of their duties. The use of recorders is intended to enhance the mission of the Office by accurately capturing contacts between members of the Office and the public. 424.3 MEMBER PRIVACY EXPECTATION All recordings made by members on any office-issued device at any time, and any recording made while acting in an official capacity for this office, regardless of ownership of the device it was made on, shall remain the property of the Office. Members shall have no expectation of privacy or ownership interest in the content of these recordings. 424.4 MEMBER RESPONSIBILITIES Any member may carry an approved portable recorder at any time the member believes that such a device may be useful. Unless conducting a lawful recording in an authorized undercover capacity, non-uniformed members should wear the recorder in a conspicuous manner when in use or otherwise notify persons that they are being recorded, whenever reasonably practicable. When using a portable recorder, the assigned member shall record his/her name, FSO identification number and the current date and time at the beginning and the end of the shift or other period of use, regardless of whether any activity was recorded. This procedure is not required when the recording device and related software captures the user’s unique identification and the date and time of each recording. Members shall document the existence of a recording in any report or other official record of the contact, including any instance where the recorder malfunctioned or the member deactivated the recording. Members shall include the reason for deactivation. 424.4.1 SUPERVISOR RESPONSIBILITIES Supervisors should take custody of a portable audio/video recording device as soon as practicable when the device may have captured an incident involving the use of force, an officer-involved Fresno County Sheriff - Coroner's Office Policy Manual Portable Audio/Video Recorders Copyright Lexipol, LLC 2017/07/11, All Rights Reserved. Published with permission by Fresno County Sheriff - Coroner's Office Portable Audio/Video Recorders - 64 shooting or death or other serious incident, and ensure the data is downloaded (Penal Code § 832.18). 424.5 ACTIVATION OF THE PORTABLE RECORDER This policy is not intended to describe every possible situation in which the portable recorder should be used, although there are many situations where its use is appropriate. Members should activate the recorder any time the member believes it would be appropriate or valuable to record an incident. The portable recorder should be activated in any of the following situations: (a)All enforcement and investigative contacts including stops and field interview (FI) situations (b)Traffic stops including, but not limited to, traffic violations, stranded motorist assistance and all crime interdiction stops (c)Self-initiated activity in which a member would normally notify the Communications Center (d)Any other contact that becomes adversarial after the initial contact in a situation that would not otherwise require recording Members should remain sensitive to the dignity of all individuals being recorded and exercise sound discretion to respect privacy by discontinuing recording whenever it reasonably appears to the member that such privacy may outweigh any legitimate law enforcement interest in recording. Requests by members of the public to stop recording should be considered using this same criterion. Recording should resume when privacy is no longer at issue unless the circumstances no longer fit the criteria for recording. At no time is a member expected to jeopardize his/her safety in order to activate a portable recorder or change the recording media. However, the recorder should be activated in situations described above as soon as reasonably practicable. 424.5.1 SURREPTITIOUS USE OF THE PORTABLE RECORDER Members of the Office may surreptitiously record any conversation during the course of a criminal investigation in which the member reasonably believes that such a recording will be lawful and beneficial to the investigation (Penal Code § 633). Members shall not surreptitiously record another office member without a court order unless lawfully authorized by the Sheriff or the authorized designee. 424.5.2 EXPLOSIVE DEVICE Many portable recorders, including body-worn cameras and audio/video transmitters, emit radio waves that could trigger an explosive device. Therefore, these devices should not be used where an explosive device may be present. 424.5.3 CESSATION OF RECORDING Once activated, the portable recorder should remain on continuously until the member reasonably believes that his/her direct participation in the incident is complete or the situation no longer fits Fresno County Sheriff - Coroner's Office Policy Manual Portable Audio/Video Recorders Copyright Lexipol, LLC 2017/07/11, All Rights Reserved. Published with permission by Fresno County Sheriff - Coroner's Office Portable Audio/Video Recorders - 65 the criteria for activation. Recording may be stopped during significant periods of inactivity such as report writing or other breaks from direct participation in the incident. Members shall cease audio recording whenever necessary to ensure conversations are not recorded between a person in custody and the person’s attorney, religious advisor or physician, unless there is explicit consent from all parties to the conversation (Penal Code § 636). 424.6 PROHIBITED USE OF PORTABLE RECORDERS Members are prohibited from using portable recorders and recording media for personal use and are prohibited from making personal copies of recordings created while on-duty or while acting in their official capacity. Members are also prohibited from retaining recordings of activities or information obtained while on-duty, whether the recording was created with office-issued or personally owned recorders. Members shall not duplicate or distribute such recordings, except for authorized legitimate office business purposes. All such recordings shall be retained by the Office. Members are prohibited from using personally owned recording devices while on-duty without the express consent of their immediate supervisor. Any member who uses a personally owned recorder for office-related activities shall comply with the provisions of this policy, including retention and release requirements, and should notify the on-duty supervisor of such use as soon as reasonably practicable. Recordings shall not be used by any member for the purpose of embarrassment, harassment or ridicule. 424.7 IDENTIFICATION AND PRESERVATION OF RECORDINGS To assist with identifying and preserving data and recordings, members should download, tag or mark these in accordance with procedure and document the existence of the recording in any related case report. A member should transfer, tag or mark recordings when the member reasonably believes: (a)The recording contains evidence relevant to potential criminal, civil or administrative matters. (b)A complainant, victim or witness has requested non-disclosure. (c)A complainant, victim or witness has not requested non-disclosure but the disclosure of the recording may endanger the person. (d)Disclosure may be an unreasonable violation of someone’s privacy. (e)Medical or mental health information is contained. (f)Disclosure may compromise an undercover officer or confidential informant. Any time a member reasonably believes a recorded contact may be beneficial in a non-criminal matter (e.g., a hostile contact), the member should promptly notify a supervisor of the existence of the recording. Fresno County Sheriff - Coroner's Office Policy Manual Portable Audio/Video Recorders Copyright Lexipol, LLC 2017/07/11, All Rights Reserved. Published with permission by Fresno County Sheriff - Coroner's Office Portable Audio/Video Recorders - 66 424.8 REVIEW OF RECORDED MEDIA FILES When preparing written reports, members should review their recordings as a resource (see the Officer-Involved Shootings and Deaths Policy for guidance in those cases). However, members shall not retain personal copies of recordings. Members should not use the fact that a recording was made as a reason to write a less detailed report. Supervisors are authorized to review relevant recordings any time they are investigating alleged misconduct or reports of meritorious conduct or whenever such recordings would be beneficial in reviewing the member’s performance. Recorded files may also be reviewed: (a)Upon approval by a supervisor, by any member of the Office who is participating in an official investigation, such as a personnel complaint, administrative investigation or criminal investigation. (b)Pursuant to lawful process or by court personnel who are otherwise authorized to review evidence in a related case. (c)By media personnel with permission of the Sheriff or the authorized designee. (d)In compliance with a public records request, if permitted, and in accordance with the Records Maintenance and Release Policy. All recordings should be reviewed by the appropriate Bureau Commander or authorized designee prior to public release (see the Records Maintenance and Release Policy). Recordings that unreasonably violate a person’s privacy or sense of dignity should not be publicly released unless disclosure is required by law or order of the court. 424.9 COORDINATOR The Sheriff or the authorized designee shall appoint a member of the Office to coordinate the use and maintenance of portable audio/video recording devices and the storage of recordings, including (Penal Code § 832.18): (a)Establishing a system for downloading, storing and security of recordings. (b)Designating persons responsible for downloading recorded data. (c)Establishing a maintenance system to ensure availability of operable portable audio/video recording devices. (d)Establishing a system for tagging and categorizing data according to the type of incident captured. (e)Establishing a system to prevent tampering, deleting and copying recordings and ensure chain of custody integrity. (f)Working with counsel to ensure an appropriate retention schedule is being applied to recordings and associated documentation. (g)Maintaining logs of access and deletions of recordings. Fresno County Sheriff - Coroner's Office Policy Manual Portable Audio/Video Recorders Copyright Lexipol, LLC 2017/07/11, All Rights Reserved. Published with permission by Fresno County Sheriff - Coroner's Office Portable Audio/Video Recorders - 67 424.10 RETENTION OF RECORDINGS Recordings of the following should be retained for a minimum of two years (Penal Code § 832.18): (a)Incident involving use of force by a deputy (b)Officer-involved shootings (c)Incidents that lead to the detention or arrest of an individual (d)Recordings relevant to a formal or informal complaint against a deputy or the Fresno County Sheriff - Coroner's Office Recordings containing evidence that may be relevant to a criminal prosecution should be retained for any additional period required by law for other evidence relevant to a criminal prosecution (Penal Code § 832.18). All other recordings should be retained for a period consistent with the requirements of the organization’s records retention schedule but in no event for a period less than 180 days. Records or logs of access and deletion of recordings should be retained permanently (Penal Code § 832.18). 424.10.1 RELEASE OF AUDIO/VIDEO RECORDINGS Requests for the release of audio/video recordings shall be processed in accordance with the Records Maintenance and Release Policy. Fresno County Sheriff - Coroner's Office Policy Manual Copyright Lexipol, LLC 2017/07/11, All Rights Reserved. Published with permission by Fresno County Sheriff - Coroner's Office Traffic Operations - 68 Chapter 5 - Traffic Operations Policy 504 Fresno County Sheriff - Coroner's Office Policy Manual Copyright Lexipol, LLC 2017/07/11, All Rights Reserved. Published with permission by Fresno County Sheriff - Coroner's Office Traffic Citations - 69 Traffic Citations 504.1 PURPOSE AND SCOPE This policy outlines the responsibility for traffic citations, the procedure for dismissal, correction, and voiding of traffic citations. 504.2 RESPONSIBILITIES The Patrol Bureau Commander or designee shall be responsible for the development and design of all Office traffic citations in compliance with state law and the Judicial Council. 504.3 DISMISSAL OF TRAFFIC CITATIONS Employees of this office do not have the authority to dismiss a citation once it has been issued. Only the court has the authority to dismiss a citation that has been issued (Vehicle Code § 40500(d)). Should a deputy determine during a court proceeding that a traffic citation should be dismissed in the interest of justice or where prosecution is deemed inappropriate the deputy may request the court to dismiss the citation. 504.4 VOIDING TRAFFIC CITATIONS Voiding a traffic citation may occur when a traffic citation has not been completed or where it is completed, but not issued. 504.5 CORRECTION OF TRAFFIC CITATIONS When a traffic citation is issued and in need of correction, the deputy issuing the citation shall submit the citation and a Citation Correction Form. The original copy of the Citation Correction Form and a photocopy of the citation will be mailed to the recipient. A photocopy of the Citation Correction Form will be sent to the court having jurisdiction. 504.6 DISPOSITION OF TRAFFIC CITATIONS The court and file copies of all traffic citations issued by members of this office shall be forwarded to the designated supervisor for review. The citation copies shall then be filed with the Records Unit. 504.7 NOTICE OF PARKING VIOLATION APPEAL PROCEDURE Disposition of notice of parking violation appeals is conducted by the Fresno County Parking Coordinator or authorized designee. 504.8 JUVENILE CITATIONS Completion of traffic citation forms for juveniles may vary slightly from the procedure for adults. The juvenile’s age, place of residency, and the type of offense should be considered before issuing the juvenile a citation. Fresno County Sheriff - Coroner's Office Policy Manual Copyright Lexipol, LLC 2017/07/11, All Rights Reserved. Published with permission by Fresno County Sheriff - Coroner's Office Personnel - 70 Chapter 10 - Personnel Policy 1030 Fresno County Sheriff - Coroner's Office Policy Manual Copyright Lexipol, LLC 2017/07/11, All Rights Reserved. Published with permission by Fresno County Sheriff - Coroner's Office Member Speech, Expression and Social Networking - 71 Member Speech, Expression and Social Networking 1030.1 PURPOSE AND SCOPE This policy is intended to address issues associated with member use of social networking sites and to provide guidelines for the regulation and balancing of employee speech and expression with the needs of the Office. Nothing in this policy is intended to prohibit or infringe upon any communication, speech or expression that is protected or privileged under law. This includes speech and expression protected under state or federal constitutions as well as labor or other applicable laws. For example, this policy does not limit an employee from speaking as a private citizen, including acting as an authorized member of a recognized bargaining unit or labor organization, about matters of public concern, such as misconduct or corruption. Employees are encouraged to consult with their supervisor regarding any questions arising from the application or potential application of this policy. 1030.1.1 APPLICABILITY This policy applies to all forms of communication including, but not limited to, film, video, print media, public or private speech, use of all Internet services, including the World Wide Web, e- mail, file transfer, remote computer access, news services, social networking, social media, instant messaging, blogs, forums, video and other file-sharing sites. 1030.2 POLICY Public employees occupy a trusted position in the community, and thus, their statements have the potential to contravene the policies and performance of this office. Due to the nature of the work and influence associated with the law enforcement profession, it is necessary that members of this office be subject to certain reasonable limitations on their speech and expression. To achieve its mission and efficiently provide service to the public, the Fresno County Sheriff - Coroner's Office will carefully balance the individual member’s rights against the office’s needs and interests when exercising a reasonable degree of control over its member’ speech and expression. 1030.3 SAFETY Members should consider carefully the implications of their speech or any other form of expression when using the Internet. Speech and expression that may negatively affect the safety of the Fresno County Sheriff - Coroner's Office members, such as posting personal information in a public forum, can result in compromising a member’s home address or family ties. Members should therefore not disseminate or post any information on any forum or medium that could reasonably be anticipated to compromise the safety of any member, a member's family or associates. Examples of the type of information that could reasonably be expected to compromise safety include: •Disclosing a photograph and name or address of a member who is working undercover. Fresno County Sheriff - Coroner's Office Policy Manual Member Speech, Expression and Social Networking Copyright Lexipol, LLC 2017/07/11, All Rights Reserved. Published with permission by Fresno County Sheriff - Coroner's Office Member Speech, Expression and Social Networking - 72 •Disclosing the address of a fellow member. •Otherwise disclosing where another member can be located off-duty. 1030.4 PROHIBITED SPEECH, EXPRESSION AND CONDUCT To meet the office's safety, performance and public-trust needs, the following are prohibited unless the speech is otherwise protected (for example, an employee speaking as a private citizen, including acting as an authorized member of a recognized bargaining unit or labor organization, on a matter of public concern): (a)Speech or expression made pursuant to an official duty that tends to compromise or damage the mission, function, reputation or professionalism of the Fresno County Sheriff - Coroner's Office or its members. (b)Speech or expression that, while not made pursuant to an official duty, is significantly linked to, or related to, the Fresno County Sheriff - Coroner's Office and tends to compromise or damage the mission, function, reputation or professionalism of the Fresno County Sheriff - Coroner's Office or its members. Examples may include: 1.Statements that indicate disregard for the law or the state constitution or U.S. Constitution. 2.Expression that demonstrates support for criminal activity. 3.Participating in sexually explicit photographs or videos for compensation or distribution. (c)Speech or expression that could reasonably be foreseen as having a negative impact on the credibility of the member as a witness. For example, posting statements or expressions to a website that glorify or endorse dishonesty, unlawful discrimination or illegal behavior. (d)Speech or expression of any form that could reasonably be foreseen as having a negative impact on the safety of the members of the Office . For example, a statement on a blog that provides specific details as to how and when prisoner transportations are made could reasonably be foreseen as potentially jeopardizing members by informing criminals of details that could facilitate an escape or attempted escape. (e)Speech or expression that is contrary to the canons of the Law Enforcement Code of Ethics and Mission and Values as adopted by the Fresno County Sheriff - Coroner's Office. (f)Use or disclosure, through whatever means, of any information, photograph, video or other recording obtained or accessible as a result of employment with the Office for financial or personal gain, or any disclosure of such materials without the express authorization of the Sheriff or the authorized designee. (g)Accessing websites for non-authorized purposes, or use of any personal communication device, game device or media device, whether personally or office-owned, for personal purposes while on-duty. Fresno County Sheriff - Coroner's Office Policy Manual Member Speech, Expression and Social Networking Copyright Lexipol, LLC 2017/07/11, All Rights Reserved. Published with permission by Fresno County Sheriff - Coroner's Office Member Speech, Expression and Social Networking - 73 (h)Portraits, photographs, and video recordings taken during agency-sanctioned official ceremonies, such as swearing-in, promotion, or award ceremonies, Honor Guard ceremonies, etc., may be posted on personal social networking sites, providing that the photographs and/or recordings do not disgrace or disparage employees, the agency, or the profession in any manner. Members must take reasonable and prompt action to remove any content, including content posted by others, that is in violation of this policy from any web page or website maintained by the employee (e.g., social or personal website). 1030.4.1 UNAUTHORIZED ENDORSEMENTS AND ADVERTISEMENTS While members are not restricted from engaging in the following activities as private citizens or as authorized members of a recognized bargaining unit or labor organization, members may not represent the Fresno County Sheriff - Coroner's Office or identify themselves in any way that could be reasonably perceived as representing the Fresno County Sheriff - Coroner's Office in order to do any of the following, unless specifically authorized by the Sheriff (Government Code § 3206; Government Code § 3302): (a)Endorse, support, oppose or contradict any political campaign or initiative. (b)Endorse, support, oppose or contradict any social issue, cause or religion. (c)Endorse, support or oppose any product, service, company or other commercial entity. (d)Appear in any commercial, social or nonprofit publication or any motion picture, film, video, public broadcast or on any website. Additionally, when it can reasonably be construed that a member, acting in his/her individual capacity or through an outside group or organization (e.g., bargaining group orlabor organization), is affiliated with this office, the member shall give a specific disclaiming statement that any such speech or expression is not representative of the Fresno County Sheriff - Coroner's Office. However, members may not use their official authority or influence to interfere with or affect the result of an election or a nomination for office. Members are also prohibited from directly or indirectly using their official authority to coerce, command or advise another member to pay, lend or contribute anything of value to a party, committee, organization, agency or person for political purposes (5 USC § 1502). Employees seeking to represent the Sheriff’s Office via social media outlets (e.g., individual or Unit web page, Facebook, Twitter, etc.) shall obtain express permission from the Sheriff or his/ her designee, prior to engaging in such activity. Where possible, the social media site shall: (a)Provide a disclaimer regarding comments and advertisements that may appear on the site. (b)Indicate that the opinions expressed by visitors to the page(s) do not reflect the opinions of the Sheriff - Coroner's Office. (c)Indicate that posted comments will be monitored and that comments containing abusive, profane or vulgar language; offensive language targeting any race, religion, or protected class of individuals; off-topic comments; and personal attacks will be removed. Fresno County Sheriff - Coroner's Office Policy Manual Member Speech, Expression and Social Networking Copyright Lexipol, LLC 2017/07/11, All Rights Reserved. Published with permission by Fresno County Sheriff - Coroner's Office Member Speech, Expression and Social Networking - 74 Members retain their right to vote as they choose, to support candidates of their choice and to express their opinions as private citizens, including as authorized members of a recognized bargaining unit or labor organization, on political subjects and candidates at all times while off-duty. 1030.5 PRIVACY EXPECTATION Members forfeit any expectation of privacy with regard to e-mails, texts or anything published or maintained through file-sharing software or any Internet site (e.g., Facebook, MySpace) that is accessed, transmitted, received or reviewed on any office technology system. The Office 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 Office. This includes the office e-mail system, computer network or any information placed into storage on any office system or device. It also includes records of all key strokes or web-browsing history made at any office computer or over any office network. The fact that access to a database, service or website requires a user name or password will not create an expectation of privacy if it is accessed through an office computer or network. However, the Office may not require an member to disclose a personal user name or password or open a personal social website, except when access is reasonably believed to be relevant to the investigation of allegations of work related misconduct (Labor Code § 980). 1030.6 CONSIDERATIONS In determining whether to grant authorization of any speech or conduct that is prohibited under this policy, the factors that the Sheriff or authorized designee should consider include: (a)Whether the speech or conduct would negatively affect the efficiency of delivering public services. (b)Whether the speech or conduct would be contrary to the good order of the Office or the efficiency or morale of its members. (c)Whether the speech or conduct would reflect unfavorably upon the Office. (d)Whether the speech or conduct would negatively affect the member’s appearance of impartiality in the performance of his/her duties. (e)Whether similar speech or conduct has been previously authorized. (f)Whether the speech or conduct may be protected and outweighs any interest of the Office. 1030.7 TRAINING Subject to available resources, the Office should provide training regarding member speech and the use of social networking to all members of the Office. Fresno County Sheriff's Office Policy Manual Policy Manual Copyright Lexipol, LLC 2017/07/11, All Rights Reserved. Published with permission by Fresno County Sheriff - Coroner's Office Attachments - 75 Attachments Attachment Fresno County Sheriff's Office Policy Manual Policy Manual Copyright Lexipol, LLC 2017/07/11, All Rights Reserved. Published with permission by Fresno County Sheriff - Coroner's Office Time Card Computation Chart.pdf - 76 Time Card Computation Chart.pdf Fresno County Sheriff's Office Policy Manual Policy Manual Copyright Lexipol, LLC 2017/07/11, All Rights Reserved. Published with permission by Fresno County Sheriff - Coroner's Office Index - 78 INDEX A ACKNOWLEDGEMENTS Policy manual............ 13 Policy revisions........... 13 ADMINISTRATIVE INVESTIGATIONS Recorded media files......... 66 ADMINISTRATIVE LEAVE Firearms.............. 25 AIRCRAFT Flying while armed.......... 31 ALCOHOL Firearms.............. 29 AMMUNITION ............ 25 ANIMALS Dangerous ........... 30, 30 Euthanize.............. 30 Injured............... 30 APPOINTMENTS Coordinator - portable audio/video recorders 66 ARRESTS Authority.............. 8 Use of force............. 16 AUDIO/VIDEO RECORDING Body-worn cameras.......... 63 AUTHORITY .............. 7 Policy manual............ 11 B BADGES, PATCHES AND IDENTIFICATION Firearms.............. 25 BODY ARMOR Suspects.............. 23 BODY-WORN CAMERAS ........ 63 BOMBS Portable audio/video recorders...... 64 C CHIEF EXECUTIVE .......... 10 CHILDREN Firearms.............. 28 CIVILIAN/NON-SWORN ........ 11 COMMAND STAFF Policy review............ 13 COMMUNICATIONS CENTER Vehicle pursuits........... 40 CONFIDENTIALITY Surreptitious recording......... 64 COURT ORDERS Surreptitious recording......... 64 CRISIS NEGOTIATION TEAM ...... 52 CRISIS RESPONSE UNIT ........ 52 D DEFINITIONS ............. 11 DISCLAIMER ............. 11 DISCLOSING INFORMATION ...... 72 DISCRIMINATORY HARASSMENT .... 46 DUTY TO INTERCEDE ......... 15 F FIREARMS .............. 23 G GRIEVANCES Supervisor authority.......... 11 I INTERNET ACTIVITY ......... 72 J JURISDICTION Authority.............. 8 JURISDICTIONS Vehicle pursuits........... 41 L LAW ENFORCEMENT AUTHORITY .... 7 M MUTUAL AID Fresno County Sheriff - Coroner's Office Policy Manual Copyright Lexipol, LLC 2017/07/11, All Rights Reserved. Published with permission by Fresno County Sheriff - Coroner's Office - 79 Interstate peace officer powers...... 8 O OREGON Authority.............. 7 P PERSONNEL COMPLAINTS Portable audio/video review....... 66 POLICY MANUAL ........... 11 POLITICAL ENDORSEMENTS ...... 73 PRIVACY EXPECTATION ........ 74 PRIVACY EXPECTATIONS Audio/video recordings........ 63 PROHIBITED SPEECH ......... 72 PURSUIT INTERVENTION ....... 42 PURSUIT UNITS ............ 37 R RECORDS RELEASE Audio/video recordings........ 67 RECORDS RETENTION Audio/video recordings........ 67 REVIEWS Policy manual............ 13 Portable audio/video.......... 66 S SAFETY Shotguns.............. 23 SOCIAL NETWORKING ........ 71 T TRAINING Discriminatory harassment....... 50 Firearms.............. 29 TRAINING SWAT............... 55 U USE OF FORCE ............ 15 V VEHICLE PURSUITS .......... 34 W WARNINGS Shots................ 31