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RELEASE_20180319_T100136Fresno County Sheriff - Coroner's Office Policy Manual Copyright Lexipol, LLC 2018/03/19, 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 2018/03/19, 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 2018/03/19, 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 2018/03/19, 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 2018/03/19, 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 ............ 7 100 - Law Enforcement Authority .................. 8 101 - Chief Executive Officer ................... 11 102 - Oath of Office ..................... 12 103 - Policy Manual ..................... 13 Chapter 2 - Organization and Administration ............. 16 201 - Standing Order ..................... 17 202 - Emergency Management Plan ................ 18 205 - Administrative Communications ................ 19 Chapter 3 - General Operations .................. 20 300 - Use of Force ...................... 21 306 - Firearms ....................... 29 307 - Vehicle Pursuits ..................... 40 308 - Deputy Response to Calls .................. 53 309 - Canines ....................... 56 310 - Domestic Violence .................... 65 314 - Discriminatory Harassment ................. 72 320 - Standards of Conduct ................... 77 325 - Subpoenas and Court Appearances .............. 84 335 - Limited English Proficiency Services .............. 87 338 - Chaplains ....................... 94 340 - Child and Dependent Adult Safety ............... 100 343 - Off-Duty Law Enforcement Actions .............. 104 344 - Gun Violence Restraining Orders ............... 106 Chapter 4 - Patrol Operations .................. 109 402 - Patrol Briefing Training .................. 110 404 - Special Weapons and Tactics (SWAT) Unit ............ 111 407 - Hostage and Barricade Incidents ............... 122 422 - Patrol Watch Commanders ................. 127 424 - Portable Audio/Video Recorders ............... 128 434 - Medical Aid and Response ................. 133 Chapter 5 - Traffic Operations .................. 139 Fresno County Sheriff - Coroner's Office Policy Manual Copyright Lexipol, LLC 2018/03/19, All Rights Reserved. Published with permission by Fresno County Sheriff - Coroner's Office Table of Contents - 6 504 - Traffic Citations ..................... 140 Chapter 6 - Investigation Operations ................ 141 600 - Investigation and Prosecution ................ 142 603 - Informants ...................... 147 Chapter 7 - Equipment .................... 152 704 - Cash Handling, Security and Management ............ 153 Chapter 10 - Personnel .................... 155 1001 - Evaluation of Employees ................. 156 1004 - Anti-Retaliation .................... 159 1011 - Seat Belts ...................... 163 1030 - Member Speech, Expression and Social Networking ........ 165 Attachments ........................ 166 Time Card Computation Chart.pdf ................. 167 Lexipol 314 - Policy Acknowledgement.pdf .............. 168 Fresno County Sheriff - Coroner's Office Policy Manual Copyright Lexipol, LLC 2018/03/19, All Rights Reserved. Published with permission by Fresno County Sheriff - Coroner's Office Law Enforcement Role and Authority - 7 Chapter 1 - Law Enforcement Role and Authority Policy 100 Fresno County Sheriff - Coroner's Office Policy Manual Copyright Lexipol, LLC 2018/03/19, All Rights Reserved. Published with permission by Fresno County Sheriff - Coroner's Office Law Enforcement Authority - 8 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 2018/03/19, All Rights Reserved. Published with permission by Fresno County Sheriff - Coroner's Office Law Enforcement Authority - 9 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 2018/03/19, All Rights Reserved. Published with permission by Fresno County Sheriff - Coroner's Office Law Enforcement Authority - 10 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 2018/03/19, All Rights Reserved. Published with permission by Fresno County Sheriff - Coroner's Office Chief Executive Officer - 11 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 102 Fresno County Sheriff - Coroner's Office Policy Manual Copyright Lexipol, LLC 2018/03/19, All Rights Reserved. Published with permission by Fresno County Sheriff - Coroner's Office Oath of Office - 12 Oath of Office 102.1 PURPOSE AND SCOPE The purpose of this policy is to ensure that oaths, when appropriate, are administered to office members. 102.2 OATH OF OFFICE All office members, when appropriate, shall take and subscribe to the oaths or affirmations applicable to their positions. All sworn members shall be required to affirm the oath of office expressing commitment and intent to respect constitutional rights in discharging the duties of a law enforcement officer (Cal. Const. Art. 20, § 3; Government Code § 3102). The oath shall be as follows: “I, (employee name), do solemnly swear (or affirm) that I will support and defend the Constitution of the United States and the Constitution of the State of California against all enemies, foreign and domestic; that I will bear true faith and allegiance to the Constitution of the United States and the Constitution of the State of California; that I take this obligation freely, without any mental reservation or purpose of evasion; and that I will well and faithfully discharge the duties of my position with the Fresno County Sheriff - Coroner's Office upon which I am about to enter. So help me God." 102.3 POLICY It is the policy of the Fresno County Sheriff - Coroner's Office that, when appropriate, office members affirm the oath of their office as an expression of commitment to the constitutional rights of those served by the Office and the dedication of its members to their duties. 102.4 MAINTENANCE OF RECORDS The oath of office shall be filed as prescribed by law (Government Code § 3105). Policy 103 Fresno County Sheriff - Coroner's Office Policy Manual Copyright Lexipol, LLC 2018/03/19, All Rights Reserved. Published with permission by Fresno County Sheriff - Coroner's Office Policy Manual - 13 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 2018/03/19, All Rights Reserved. Published with permission by Fresno County Sheriff - Coroner's Office Policy Manual - 14 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 2018/03/19, All Rights Reserved. Published with permission by Fresno County Sheriff - Coroner's Office Policy Manual - 15 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 2018/03/19, All Rights Reserved. Published with permission by Fresno County Sheriff - Coroner's Office Organization and Administration - 16 Chapter 2 - Organization and Administration Policy 201 Fresno County Sheriff - Coroner's Office Policy Manual Copyright Lexipol, LLC 2018/03/19, All Rights Reserved. Published with permission by Fresno County Sheriff - Coroner's Office Standing Order - 17 Standing Order 201.1 PURPOSE AND SCOPE Standing Orders establish an interdepartmental communication that may be used by the Sheriff to make immediate changes to policy and procedure consistent with the current Memorandum of Understanding and as permitted by Government Code § 3500 et seq. Standing Orders will immediately modify or change and supersede sections of this manual to which they pertain. 201.1.1 STANDING ORDER PROTOCOL Standing Orders will be incorporated into the manual as required upon approval of Staff. Standing Orders will modify existing policies or create a new policy as appropriate and will be rescinded upon incorporation into the manual. All existing Standing Orders have now been incorporated in the updated Policy Manual as of the below revision date. Any Standing Orders issued after publication of the manual shall be numbered consecutively starting with the last two digits of the year, followed by the number 01. For example, 12-01 signifies the first Standing Order for the year 2012. 201.2 RESPONSIBILITIES 201.2.1 STAFF The staff shall review and approve revisions of the Policy Manual, which will incorporate changes originally made by a Standing Order. 201.2.2 SHERIFF The Sheriff or designee shall issue all Standing Orders. 201.3 ACCEPTANCE OF STANDING ORDERS All employees are required to read and obtain any necessary clarification of all Standing Orders. Policy 202 Fresno County Sheriff - Coroner's Office Policy Manual Copyright Lexipol, LLC 2018/03/19, All Rights Reserved. Published with permission by Fresno County Sheriff - Coroner's Office Emergency Management Plan - 18 Emergency Management Plan 202.1 PURPOSE AND SCOPE The County has prepared an Emergency Management Plan for use by all employees in the event of a major disaster or other emergency event. The plan provides for a strategic response by all employees and assigns specific responsibilities in the event that the plan is activated (Government Code § 8610). 202.2 ACTIVATING THE EMERGENCY PLAN The Emergency Management Plan can be activated on the order of the official designated by local ordinance. 202.2.1 RECALL OF PERSONNEL In the event that the Emergency Management Plan is activated, all employees of the Fresno County Sheriff - Coroner's Office are subject to immediate recall. Employees may also be subject to recall during extraordinary circumstances as deemed necessary by the Sheriff or the authorized designee. Failure to promptly respond to an order to report for duty may result in discipline. 202.3 LOCATION OF THE PLAN The Emergency Management Plan is available in the Watch Commander's office. All supervisors should familiarize themselves with the Emergency Management Plan. Supervisors should ensure that personnel are familiar with the roles they play when the plan is implemented. 202.4 UPDATING OF MANUALS The Sheriff or designee shall review the Emergency Management Plan Manual at least once every two years to ensure that the manual conforms to any revisions made by the National Incident Management System (NIMS) and the Standardized Emergency Management System (SEMS) and should appropriately address any needed revisions. Policy 205 Fresno County Sheriff - Coroner's Office Policy Manual Copyright Lexipol, LLC 2018/03/19, All Rights Reserved. Published with permission by Fresno County Sheriff - Coroner's Office Administrative Communications - 19 Administrative Communications 205.1 PURPOSE AND SCOPE Administrative communications of this office are governed by the following policies. 205.2 ADMINISTRATIVE ORDER Administrative Orders may be issued periodically by the Sheriff to announce and document all promotions, transfers, hiring of new personnel, separations, personnel and group commendations, or other changes in status. 205.3 CORRESPONDENCE In order to ensure that the letterhead and name of the Office are not misused, all external correspondence shall be on Office letterhead. All Office letterhead shall bear the signature element of the Sheriff. Personnel should use Office letterhead only for official business and with approval of their supervisor. 205.4 SURVEYS All surveys made in the name of the Office shall be authorized by the Sheriff, Undersheriff or their designee. Fresno County Sheriff - Coroner's Office Policy Manual Copyright Lexipol, LLC 2018/03/19, All Rights Reserved. Published with permission by Fresno County Sheriff - Coroner's Office General Operations - 20 Chapter 3 - General Operations Policy 300 Fresno County Sheriff - Coroner's Office Policy Manual Copyright Lexipol, LLC 2018/03/19, All Rights Reserved. Published with permission by Fresno County Sheriff - Coroner's Office Use of Force - 21 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/correctional 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 2018/03/19, All Rights Reserved. Published with permission by Fresno County Sheriff - Coroner's Office Use of Force - 22 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 2018/03/19, All Rights Reserved. Published with permission by Fresno County Sheriff - Coroner's Office Use of Force - 23 (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. Fresno County Sheriff - Coroner's Office Policy Manual Use of Force Copyright Lexipol, LLC 2018/03/19, All Rights Reserved. Published with permission by Fresno County Sheriff - Coroner's Office Use of Force - 24 (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: 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. Fresno County Sheriff - Coroner's Office Policy Manual Use of Force Copyright Lexipol, LLC 2018/03/19, All Rights Reserved. Published with permission by Fresno County Sheriff - Coroner's Office Use of Force - 25 300.4 DEADLY FORCE APPLICATIONS Use of deadly force is justified in the following circumstances: (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. Fresno County Sheriff - Coroner's Office Policy Manual Use of Force Copyright Lexipol, LLC 2018/03/19, All Rights Reserved. Published with permission by Fresno County Sheriff - Coroner's Office Use of Force - 26 300.5.1 NOTIFICATION TO SUPERVISORS Supervisory notification shall be made as soon as practicable following the application of force in any of the following circumstances: (a)The application caused a visible injury. (b)The application would lead a reasonable 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). Fresno County Sheriff - Coroner's Office Policy Manual Use of Force Copyright Lexipol, LLC 2018/03/19, All Rights Reserved. Published with permission by Fresno County Sheriff - Coroner's Office Use of Force - 27 Persons who exhibit extreme agitation, violent irrational behavior accompanied by profuse sweating, extraordinary strength beyond their physical characteristics and imperviousness to pain (sometimes called “excited delirium”), or who require a protracted physical encounter with multiple 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. Fresno County Sheriff - Coroner's Office Policy Manual Use of Force Copyright Lexipol, LLC 2018/03/19, All Rights Reserved. Published with permission by Fresno County Sheriff - Coroner's Office Use of Force - 28 In the event that a supervisor is unable to respond to the scene of an incident involving the reported application of force, the supervisor is still expected to complete as many of the above items as circumstances permit. 300.7.1 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 2018/03/19, All Rights Reserved. Published with permission by Fresno County Sheriff - Coroner's Office Firearms - 29 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 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 2018/03/19, All Rights Reserved. Published with permission by Fresno County Sheriff - Coroner's Office Firearms - 30 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 authorized secondary handgun shall be carried in a holster that is from a major manufacture, and is of good quality that is specifically designed for that handgun. (d)The handgun shall be carried concealed at all times and in such a manner as to prevent unintentional cocking, discharge or loss of physical control. (e)The handgun and accompanying holster shall be inspected and approved by an Office Armorer or Training Unit Range Staff prior to being carried and thereafter shall be subject to inspection whenever it is deemed necessary. (f)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. (g)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. Office personnel will be required to demonstrate, to the satisfaction of the Training Unit Range Staff, the ability to draw from the holster, prepare to fire the handgun, and secure the handgun. (h)Members shall provide written notice of the make, model, color, serial number and caliber of a secondary handgun to an Officer Armorer, who will maintain a list of the information. (i)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: Fresno County Sheriff - Coroner's Office Policy Manual Firearms Copyright Lexipol, LLC 2018/03/19, All Rights Reserved. Published with permission by Fresno County Sheriff - Coroner's Office Firearms - 31 (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. (b)The handgun may be carried with or without a holster as determined by the specific activity. 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 Office Armorer 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. Fresno County Sheriff - Coroner's Office Policy Manual Firearms Copyright Lexipol, LLC 2018/03/19, All Rights Reserved. Published with permission by Fresno County Sheriff - Coroner's Office Firearms - 32 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. 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 Office 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. Fresno County Sheriff - Coroner's Office Policy Manual Firearms Copyright Lexipol, LLC 2018/03/19, All Rights Reserved. Published with permission by Fresno County Sheriff - Coroner's Office Firearms - 33 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. 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 Office 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. Fresno County Sheriff - Coroner's Office Policy Manual Firearms Copyright Lexipol, LLC 2018/03/19, All Rights Reserved. Published with permission by Fresno County Sheriff - Coroner's Office Firearms - 34 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: (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. Fresno County Sheriff - Coroner's Office Policy Manual Firearms Copyright Lexipol, LLC 2018/03/19, All Rights Reserved. Published with permission by Fresno County Sheriff - Coroner's Office Firearms - 35 306.5.2 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). 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: Fresno County Sheriff - Coroner's Office Policy Manual Firearms Copyright Lexipol, LLC 2018/03/19, All Rights Reserved. Published with permission by Fresno County Sheriff - Coroner's Office Firearms - 36 (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 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)). Fresno County Sheriff - Coroner's Office Policy Manual Firearms Copyright Lexipol, LLC 2018/03/19, All Rights Reserved. Published with permission by Fresno County Sheriff - Coroner's Office Firearms - 37 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. 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): Fresno County Sheriff - Coroner's Office Policy Manual Firearms Copyright Lexipol, LLC 2018/03/19, All Rights Reserved. Published with permission by Fresno County Sheriff - Coroner's Office Firearms - 38 (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 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. Fresno County Sheriff - Coroner's Office Policy Manual Firearms Copyright Lexipol, LLC 2018/03/19, All Rights Reserved. Published with permission by Fresno County Sheriff - Coroner's Office Firearms - 39 (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, 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 2018/03/19, All Rights Reserved. Published with permission by Fresno County Sheriff - Coroner's Office Vehicle Pursuits - 40 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 2018/03/19, All Rights Reserved. Published with permission by Fresno County Sheriff - Coroner's Office Vehicle Pursuits - 41 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. Fresno County Sheriff - Coroner's Office Policy Manual Vehicle Pursuits Copyright Lexipol, LLC 2018/03/19, All Rights Reserved. Published with permission by Fresno County Sheriff - Coroner's Office Vehicle Pursuits - 42 (j)Other persons in or on the pursued vehicle (e.g., passengers, co-offenders and hostages). (k)Availability of other resources such as helicopter assistance. (l)The 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. Fresno County Sheriff - Coroner's Office Policy Manual Vehicle Pursuits Copyright Lexipol, LLC 2018/03/19, All Rights Reserved. Published with permission by Fresno County Sheriff - Coroner's Office Vehicle Pursuits - 43 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: (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. Fresno County Sheriff - Coroner's Office Policy Manual Vehicle Pursuits Copyright Lexipol, LLC 2018/03/19, All Rights Reserved. Published with permission by Fresno County Sheriff - Coroner's Office Vehicle Pursuits - 44 (e)Description of the fleeing vehicle and license number, if known. (f)Number of known occupants. (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. Fresno County Sheriff - Coroner's Office Policy Manual Vehicle Pursuits Copyright Lexipol, LLC 2018/03/19, All Rights Reserved. Published with permission by Fresno County Sheriff - Coroner's Office Vehicle Pursuits - 45 2.Maintaining visual contact with the pursued vehicle by paralleling it on the correct side of the roadway. 3.Requesting other units to observe exits available to the suspects. (d)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. Fresno County Sheriff - Coroner's Office Policy Manual Vehicle Pursuits Copyright Lexipol, LLC 2018/03/19, All Rights Reserved. Published with permission by Fresno County Sheriff - Coroner's Office Vehicle Pursuits - 46 307.4 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. 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 Fresno County Sheriff - Coroner's Office Policy Manual Vehicle Pursuits Copyright Lexipol, LLC 2018/03/19, All Rights Reserved. Published with permission by Fresno County Sheriff - Coroner's Office Vehicle Pursuits - 47 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: (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. Fresno County Sheriff - Coroner's Office Policy Manual Vehicle Pursuits Copyright Lexipol, LLC 2018/03/19, All Rights Reserved. Published with permission by Fresno County Sheriff - Coroner's Office Vehicle Pursuits - 48 307.6.2 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. 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. Fresno County Sheriff - Coroner's Office Policy Manual Vehicle Pursuits Copyright Lexipol, LLC 2018/03/19, All Rights Reserved. Published with permission by Fresno County Sheriff - Coroner's Office Vehicle Pursuits - 49 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 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 Fresno County Sheriff - Coroner's Office Policy Manual Vehicle Pursuits Copyright Lexipol, LLC 2018/03/19, All Rights Reserved. Published with permission by Fresno County Sheriff - Coroner's Office Vehicle Pursuits - 50 process before ramming another vehicle. When ramming is used as a means to stop a fleeing vehicle, one or more of the following factors should be present: 1.The suspect is an actual or suspected felon who reasonably appears to represent a serious threat to the public if not apprehended. 2.The suspect is driving with willful or wanton disregard for the safety of other persons or is driving in a reckless and life-endangering manner. 3.If there does not reasonably appear to be a present or immediately foreseeable serious threat to the public, the use of ramming is not authorized. (d)As with all intervention techniques, pursuing 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. Fresno County Sheriff - Coroner's Office Policy Manual Vehicle Pursuits Copyright Lexipol, LLC 2018/03/19, All Rights Reserved. Published with permission by Fresno County Sheriff - Coroner's Office Vehicle Pursuits - 51 307.8 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 § 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. Fresno County Sheriff - Coroner's Office Policy Manual Vehicle Pursuits Copyright Lexipol, LLC 2018/03/19, All Rights Reserved. Published with permission by Fresno County Sheriff - Coroner's Office Vehicle Pursuits - 52 307.9 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 308 Fresno County Sheriff - Coroner's Office Policy Manual Copyright Lexipol, LLC 2018/03/19, All Rights Reserved. Published with permission by Fresno County Sheriff - Coroner's Office Deputy Response to Calls - 53 Deputy Response to Calls 308.1 PURPOSE AND SCOPE This policy provides for the safe and appropriate response to emergency and non-emergency situations whether dispatched or self-initiated. 308.2 RESPONSE TO CALLS Deputies dispatched "Code-3" shall consider the call an emergency response and proceed immediately. Deputies responding Code-3 shall continuously operate emergency lighting equipment, including at minimum a steady forward facing red light, and shall sound the siren as reasonably necessary pursuant to Vehicle Code § 21055. Responding with emergency light(s) and siren does not relieve the deputy of the duty to continue to drive with due regard for the safety of all persons. The use of any other warning equipment without a red light and siren does not provide any exemption from the Vehicle Code. Deputies should only respond Code-3 when so dispatched or when circumstances reasonably indicate an emergency response is required. Deputies not authorized to respond Code-3 shall observe all traffic laws and proceed without the use of emergency lights and siren. 308.3 REQUESTING EMERGENCY ASSISTANCE Requests for emergency assistance should be limited to those situations where the involved personnel reasonably believe that there is an immediate threat to the safety of deputies, or assistance is needed to prevent imminent serious harm to a person. In any event, where a situation has stabilized and emergency response is not required, the requesting deputy shall immediately notify the Communications Center. If circumstances permit, the requesting deputy should give the following information: •The unit number •The location •The number of units required 308.4 INITIATING CODE 3 RESPONSE If a deputy believes a Code-3 response to any call is appropriate, the deputy shall immediately notify the Communications Center. The field supervisor or Watch Commander will make a determination as to the appropriate number of deputies driving Code-3. 308.5 RESPONSIBILITIES OF RESPONDING DEPUTIES Deputies shall exercise sound judgment and care with due regard for life and property when responding to an emergency call. Deputies shall reduce speed at all street intersections to such a degree that they shall have complete control of the vehicle. Fresno County Sheriff - Coroner's Office Policy Manual Deputy Response to Calls Copyright Lexipol, LLC 2018/03/19, All Rights Reserved. Published with permission by Fresno County Sheriff - Coroner's Office Deputy Response to Calls - 54 The decision to continue a Code-3 response is at the discretion of the deputy. If, in the deputy's judgment, the roadway conditions or traffic congestion does not permit such a response without unreasonable risk, the deputy may elect to respond to the call without the use of red lights and siren at the legal speed limit. In such an event, the deputy should immediately notify the Communications Center. A deputy shall also discontinue the Code-3 response when directed by a supervisor. Upon receiving authorization or determining a Code-3 response is appropriate, a deputy should, when appropriate, give the location from which he/she is responding. 308.6 COMMUNICATIONS RESPONSIBILITIES A dispatcher shall assign a Code-3 response when a deputy requests emergency assistance or available information reasonably indicates that the public is threatened with serious injury or death and immediate law enforcement response is needed. In all other circumstances, the dispatcher shall obtain authorization from the field supervisor or Watch Commander prior to assigning units Code-3. The dispatcher shall: (a)Attempt to assign the closest available unit to the location requiring assistance (b)Immediately notify the Watch Commander (c)Confirm the location from which the unit is responding (d)Notify and coordinate allied emergency services (e.g., fire and ambulance) (e)Continue to obtain and broadcast information as necessary concerning the response and monitor the situation until it is stabilized or terminated (f)Control all radio communications during the emergency and coordinate assistance under the direction of the field supervisor or Watch Commander. 308.7 SUPERVISORY RESPONSIBILITIES Upon being notified that a Code-3 response has been initiated, the field supervisor or Watch Commander shall verify the following: (a)The proper response has been initiated (b)No more than those units reasonably necessary under the circumstances are involved in the response (c)Affected outside jurisdictions are being notified as practical The field supervisor shall monitor the response until it has been stabilized or terminated and assert control by directing units into or out of the response if necessary. If, in the supervisor's judgment, the circumstances require additional units to be assigned a Code-3 response, the supervisor may do so. It is the supervisor's responsibility to terminate a Code-3 response that, in his/her judgment is inappropriate due to the circumstances. Fresno County Sheriff - Coroner's Office Policy Manual Deputy Response to Calls Copyright Lexipol, LLC 2018/03/19, All Rights Reserved. Published with permission by Fresno County Sheriff - Coroner's Office Deputy Response to Calls - 55 When evaluating whether a Code-3 response is appropriate, the field supervisor or Watch Commander should consider the following: •The type of call •The necessity of a timely response •Traffic and roadway conditions •The location of the responding units 308.8 FAILURE OF EMERGENCY EQUIPMENT If the emergency equipment on the vehicle should fail to operate, the deputy must terminate the Code-3 response and respond accordingly. In all cases, the deputy shall notify the field supervisor, Watch Commander or the Communications Center of the equipment failure so that another unit may be assigned to the emergency response. Policy 309 Fresno County Sheriff - Coroner's Office Policy Manual Copyright Lexipol, LLC 2018/03/19, All Rights Reserved. Published with permission by Fresno County Sheriff - Coroner's Office Canines - 56 Canines 309.1 PURPOSE AND SCOPE This policy establishes guidelines for the use of canines to augment law enforcement services to the community including, but not limited to locating individuals and contraband and apprehending criminal offenders. 309.2 POLICY It is the policy of the Fresno County Sheriff - Coroner's Office that teams of handlers and canines meet and maintain the appropriate proficiency to effectively and reasonably carry out legitimate law enforcement objectives. 309.3 ASSIGNMENT Canine teams should be assigned to assist and supplement the Patrol Bureau to function primarily in assist or cover assignments. However, they may be assigned by the field supervisor or Watch Commander to other functions, such as routine calls for service, based on the current operational needs. Canine teams should generally not be assigned to handle routine matters that will take them out of service for extended periods of time and then only with the approval of the field supervisor or Watch Commander. 309.4 CANINE COORDINATOR The Canine Unit supervisor shall be appointed by and directly responsible to the Patrol Bureau Commander or the authorized designee. The responsibilities of the coordinator include, but are not limited to: (a)Reviewing all canine use reports to ensure compliance with policy and to identify training issues and other needs of the program. (b)Maintaining a liaison with the vendor kennel. (c)Maintaining a liaison with command staff and functional supervisors. (d)Maintaining a liaison with other agency canine coordinators. (e)Maintaining accurate records to document canine activities. (f)Recommending and overseeing the procurement of equipment and services for the teams of handlers and canines. (g)Scheduling all canine-related activities. (h)Ensuring the canine teams are scheduled for regular training to maximize their capabilities. Fresno County Sheriff - Coroner's Office Policy Manual Canines Copyright Lexipol, LLC 2018/03/19, All Rights Reserved. Published with permission by Fresno County Sheriff - Coroner's Office Canines - 57 309.5 REQUESTS FOR CANINE TEAMS Patrol Bureau members are encouraged to request the use of a canine. Requests for a canine team from office units outside of the Patrol Bureau should be reviewed by the field supervisor or Watch Commander. 309.5.1 OUTSIDE AGENCY REQUEST All requests for canine assistance from outside agencies must be approved by the Watch Commander and are subject to the following: (a)Canine teams shall not be used for any assignment that is not consistent with this policy. (b)The canine handler shall have the authority to decline a request for any specific assignment that he/she deems unsuitable. (c)It shall be the responsibility of the canine handler to coordinate operations with agency personnel in order to minimize the risk of unintended injury. (d)It shall be the responsibility of the canine handler to complete all necessary reports or as directed. 309.5.2 PUBLIC DEMONSTRATIONS All public requests for a canine team shall be reviewed and, if appropriate, approved by the Canine Unit Supervisor or Canine Unit Commander prior to making any resource commitment. The canine coordinator is responsible for obtaining resources and coordinating involvement in the demonstration to include proper safety protocols. 309.6 APPREHENSION GUIDELINES A canine may be used to locate and apprehend a suspect if the canine handler reasonably believes that the individual has either committed, is committing or threatening to commit any serious offense and if any of the following conditions exist: (a)There is a reasonable belief the suspect poses an imminent threat of violence or serious harm to the public, any deputy or the handler. (b)The suspect is physically resisting or threatening to resist arrest and the use of a canine reasonably appears to be necessary to overcome such resistance. (c)The suspect is believed to be concealed in an area where entry by other than the canine would pose a threat to the safety of deputies or the public. It is recognized that situations may arise that do not fall within the provisions set forth in this policy. Such events require consideration of the totality of the circumstances and the use of an objective reasonableness standard applied to the decision to use a canine Absent a reasonable belief that a suspect has committed, is committing or is threatening to commit a serious offense, mere flight from a pursuing deputy, without any of the above conditions, shall not serve as the basis for the use of a canine to apprehend a suspect. Fresno County Sheriff - Coroner's Office Policy Manual Canines Copyright Lexipol, LLC 2018/03/19, All Rights Reserved. Published with permission by Fresno County Sheriff - Coroner's Office Canines - 58 Use of a canine to locate and apprehend a suspect wanted for a lesser criminal offense than those identified above requires approval from the field supervisor or Watch Commander. Absent a change in circumstances that present an imminent threat to deputies, the canine or the public, such canine use should be conducted on-leash or under conditions that minimize the likelihood the canine will bite or otherwise injure the individual. In all applications, once the suspect has been located and no longer reasonably appears to present a threat or risk of escape, the handler should secure the canine as soon as it becomes reasonably practicable. If the canine has apprehended the suspect with a secure bite and the suspect is compliant, the handler should promptly command the canine to release the suspect. 309.6.1 PREPARATION FOR DEPLOYMENT Prior to the use of a canine to search for or apprehend any suspect, the canine handler and/or the supervisor on-scene should carefully consider all pertinent information reasonably available at the time. The information should include, but is not limited to: (a)The nature and seriousness of the suspected offense. (b)Whether violence or weapons were used or are anticipated. (c)The degree of resistance or threatened resistance, if any, the suspect has shown. (d)The suspect’s known or perceived age. (e)The potential for injury to deputies or the public caused by the suspect if the canine is not utilized. (f)Any potential danger to the public and/or other deputies at the scene if the canine is released. (g)The potential for the suspect to escape or flee if the canine is not utilized. As circumstances permit, the canine handler should make every reasonable effort to communicate and coordinate with other involved members to minimize the risk of unintended injury. It is the canine handler’s responsibility to evaluate each situation and determine whether the use of a canine is appropriate and reasonable. The canine handler shall have the authority to decline the use of the canine whenever he/she deems deployment is unsuitable. A supervisor who is sufficiently apprised of the situation may prohibit deploying the canine. Unless otherwise directed by a supervisor, assisting members should take direction from the handler in order to minimize interference with the canine. 309.6.2 WARNINGS AND ANNOUNCEMENTS Unless it would increase the risk of injury or escape, a clearly audible warning announcing that a canine will be used if the suspect does not surrender should be made prior to releasing a canine. The handler should allow a reasonable time for a suspect to surrender and should quiet the canine momentarily to listen for any verbal response to the warning. If feasible, other members should Fresno County Sheriff - Coroner's Office Policy Manual Canines Copyright Lexipol, LLC 2018/03/19, All Rights Reserved. Published with permission by Fresno County Sheriff - Coroner's Office Canines - 59 be in a location opposite the warning to verify that the announcement could be heard. If available, warnings given in other languages should be used as necessary. If a warning is not to be given, the canine handler, when practicable, should first advise the supervisor of his/her decision before releasing the canine. In the event of an apprehension, the handler shall document in any related report how the warning was given and, if none was given, the reasons why. 309.6.3 REPORTING DEPLOYMENTS, BITES AND INJURIES Whenever a canine deployment results in a bite or causes injury to an intended suspect, a supervisor should be promptly notified and the injuries documented in a report. The injured person shall be promptly treated by emergency medical services personnel and, if appropriate, transported to an appropriate medical facility for further treatment. The deployment and injuries shall also be included in any related incident, crime report or arrest report. Any unintended bite or injury caused by a canine, whether on- or off-duty, shall be promptly reported to the Canine Unit Supervisor, field supervisor, Watch Commander and Canine Unit Commander. Unintended bites or injuries caused by a canine shall be documented. If an individual alleges an injury, either visible or not visible, a supervisor shall be notified and both the individual’s injured and uninjured areas shall be photographed as soon as practicable after first tending to the immediate needs of the injured party. Photographs shall be retained as evidence in accordance with current office evidence procedures. The photographs shall be retained until the criminal proceeding is completed and the time for any related civil proceeding has expired. Canines used by law enforcement agencies are generally exempt from impoundment and reporting requirements. However, the canine shall be made available for examination at any reasonable time if requested by the local health department. The canine handler shall also notify the local health department if the canine exhibits any abnormal behavior after a bite (Health and Safety Code § 121685). 309.7 NON-APPREHENSION GUIDELINES Properly trained canines may be used to track or search for non-criminals (e.g., lost children, individuals who may be disoriented or in need of medical attention). The canine handler is responsible for determining the canine’s suitability for such assignments based on the conditions and the particular abilities of the canine. When the canine is deployed in a search or other non- apprehension operation, the following guidelines apply. (a)Absent a change in circumstances that present an immediate threat to deputies, the canine or the public, such applications should be conducted on-leash or under conditions that minimize the likelihood the canine will bite or otherwise injure the individual, if located. (b)Unless otherwise directed by a supervisor, assisting members should take direction from the handler in order to minimize interference with the canine. Fresno County Sheriff - Coroner's Office Policy Manual Canines Copyright Lexipol, LLC 2018/03/19, All Rights Reserved. Published with permission by Fresno County Sheriff - Coroner's Office Canines - 60 (c)Throughout the deployment the handler should periodically give verbal assurances that the canine will not bite or hurt the individual and encourage the individual to make him/herself known. (d)Once the individual has been located, the handler should place the canine in a down- stay or otherwise secure it as soon as reasonably practicable. 309.7.1 ARTICLE DETECTION A canine trained to find objects or property related to a person or crime may be used to locate or identify articles. A canine search should be conducted in a manner that minimizes the likelihood of unintended bites or injuries. 309.7.2 NARCOTICS DETECTION A canine trained in narcotics detection may be used in accordance with current law and under certain circumstances, including: (a)The search of vehicles, buildings, bags and other articles. (b)Assisting in the search for narcotics during a search warrant service. (c)Obtaining a search warrant by using the narcotics-detection trained canine in support of probable cause. A narcotics-detection trained canine will not be used to search a person for narcotics unless the canine is trained to passively indicate the presence of narcotics. 309.7.3 BOMB/EXPLOSIVE DETECTION Because of the high risk of danger to the public and deputies when a bomb or other explosive device is suspected, the use of a canine team trained in explosive detection should not be considered. When available, an explosive-detection canine team may be used in accordance with current law and under certain circumstances, including: (a)Assisting in the search of a building, structure, area, vehicle or article where an actual or suspected explosive device has been reported or located. (b)Assisting with searches at transportation facilities and vehicles (e.g., buses, airplanes, trains). (c)Preventive searches at special events, VIP visits, official buildings and other restricted areas. Searches of individuals should remain minimally intrusive and shall be strictly limited to the purpose of detecting explosives. (d)Assisting in the search of scenes where an explosion has occurred and an explosive device or secondary explosive device is suspected. At no time will an explosive-detection trained canine be used to render a suspected device safe or clear. 309.8 HANDLER SELECTION The minimum qualifications for the assignment of canine handler include: (a)A deputy who is currently off probation. Fresno County Sheriff - Coroner's Office Policy Manual Canines Copyright Lexipol, LLC 2018/03/19, All Rights Reserved. Published with permission by Fresno County Sheriff - Coroner's Office Canines - 61 (b)Residing in an adequately fenced, single-family residence (minimum 5-foot high fence with locking gates). (c)Agreeing to be assigned to the position for a minimum of three years. 309.9 HANDLER RESPONSIBILITIES The canine handler shall ultimately be responsible for the health and welfare of the canine and shall ensure that the canine receives proper nutrition, grooming, training, medical care, affection and living conditions. The canine handler will be responsible for the following: (a)Except as required during appropriate deployment, the handler shall not expose the canine to any foreseeable and unreasonable risk of harm. (b)The handler shall maintain all office equipment under his/her control in a clean and serviceable condition. (c)When a handler is off-duty for an extended number of days, the assigned canine vehicle should be stored at the Fresno County Sheriff - Coroner's Office facility. (d)Handlers shall permit the Canine Unit Supervisor to conduct spontaneous on-site inspections of affected areas of their homes as well as their canine vehicles to verify that conditions and equipment conform to this policy. (e)Any changes in the living status of the handler that may affect the lodging or environment of the canine shall be reported to the Canine Unit supervisor as soon as possible. (f)When off-duty, the canine shall be in a kennel provided by the County at the home of the handler. When a canine is kenneled at the handler’s home, the kennel gate shall be secured with a lock. When off-duty, the canine may be let out of the kennel while under the direct control of the handler. (g)The canine should be permitted to socialize in the home with the handler’s family for short periods of time and under the direct supervision of the handler. (h)Under no circumstances will the canine be lodged at another location unless approved by the Canine Unit Supervisor or Watch Commander. (i)When off-duty, the handler shall not involve the canine in any law enforcement activity or official conduct unless approved in advance by the Canine Unit supervisor or Canine Unit Commander. (j)Whenever a canine handler is off-duty for an extended number of days, it may be necessary to temporarily relocate the canine. In those situations, the handler shall give reasonable notice to the Canine Unit Supervisor so that appropriate arrangements can be made. 309.9.1 CANINE IN PUBLIC AREAS The canine should be kept on a leash when in areas that allow access to the public. Exceptions to this rule would include specific law enforcement operations for which the canine is trained. Fresno County Sheriff - Coroner's Office Policy Manual Canines Copyright Lexipol, LLC 2018/03/19, All Rights Reserved. Published with permission by Fresno County Sheriff - Coroner's Office Canines - 62 (a)A canine shall not be left unattended in any area to which the public may have access. (b)When the canine vehicle is left unattended, all windows and doors shall be secured in such a manner as to prevent unauthorized access to the dog. The handler shall also ensure that the unattended vehicle remains inhabitable for the canine. 309.10 HANDLER COMPENSATION The canine handler shall be available for call-out under conditions specified by the canine coordinator. The canine handler shall be compensated for time spent in the care, feeding, grooming and other needs of the canine in accordance with the Fair Labor Standards Act (FLSA), and according to the terms of the collective bargaining agreement (29 USC § 207). 309.11 CANINE INJURY AND MEDICAL CARE In the event that a canine is injured, or there is an indication that the canine is not in good physical condition, the injury or condition will be reported to the Canine Unit Supervisor or Canine Unit Commander as soon as practicable and appropriately documented. All medical attention shall be rendered by the designated canine veterinarian, except during an emergency where treatment should be obtained from the nearest available veterinarian. 309.12 TRAINING Before assignment in the field, each canine team shall be trained and certified to meet current POST guidelines or other recognized and approved certification standards. Cross-trained canine teams or those canine teams trained exclusively for the detection of narcotics and/or explosives also shall be trained and certified by the California Narcotic Canine Association (CNCA) or other recognized and approved certification standards established for their particular skills. The Canine Unit Supervisor shall be responsible for scheduling periodic training for Office members, as needed, in order to familiarize them with how to conduct themselves in the presence of Office canines. All canine training should be conducted while on-duty unless otherwise approved by the Canine Unit Supervisor or Canine Unit Commander. 309.12.1 CONTINUED TRAINING Each canine team shall thereafter be recertified to a current POST, CNCA or other recognized and approved certification standards on an annual basis. Additional training considerations are as follows: (a)Canine teams should receive training as defined in the current contract with the Fresno County Sheriff - Coroner's Office canine training provider. (b)Canine handlers are encouraged to engage in additional training with approval of the Canine Unit supervisor. Fresno County Sheriff - Coroner's Office Policy Manual Canines Copyright Lexipol, LLC 2018/03/19, All Rights Reserved. Published with permission by Fresno County Sheriff - Coroner's Office Canines - 63 (c)To ensure that all training is consistent, no handler, trainer or outside vendor is authorized to train to a standard that is not reviewed and approved by this office. 309.12.2 FAILURE TO SUCCESSFULLY COMPLETE TRAINING Any canine team failing to graduate or obtain certification shall not be deployed in the field for tasks the team is not certified to perform until graduation or certification is achieved. When reasonably practicable, pending successful certification, the canine handler shall be temporarily reassigned to regular patrol duties. 309.12.3 TRAINING RECORDS All canine training records shall be maintained in the canine handler's and the canine's training file. 309.12.4 TRAINING AIDS Training aids are required to effectively train and maintain the skills of canines. Deputies possessing, using or transporting controlled substances or explosives for canine training purposes must comply with federal and state requirements regarding the same. Alternatively, the Fresno County Sheriff - Coroner's Office may work with outside trainers with the applicable licenses or permits. 309.12.5 CONTROLLED SUBSTANCE TRAINING AIDS Deputies acting in the performance of their official duties may possess or transfer controlled substances for the purpose of narcotics-detection canine training in compliance with state and federal laws (Health & Safety Code § 11367.5; 21 USC § 823(f)). The Sheriff or the authorized designee may authorize a member to seek a court order to allow controlled substances seized by the Fresno County Sheriff - Coroner's Office to be possessed by the member or a narcotics-detection canine trainer who is working under the direction of this office for training purposes, provided the controlled substances are no longer needed as criminal evidence. As an alternative, the Sheriff or the authorized designee may request narcotics training aids from the Drug Enforcement Administration (DEA). These procedures are not required if the canine handler uses commercially available synthetic substances that are not controlled narcotics. 309.12.6 CONTROLLED SUBSTANCE PROCEDURES Due to the responsibilities and liabilities involved with possessing readily usable amounts of controlled substances and the ever-present danger of the canine’s accidental ingestion of these controlled substances, the following procedures shall be strictly followed: (a)All controlled substance training samples shall be weighed and tested prior to dispensing to the individual canine handler or trainer. (b)The weight and test results shall be recorded and maintained by this office. Fresno County Sheriff - Coroner's Office Policy Manual Canines Copyright Lexipol, LLC 2018/03/19, All Rights Reserved. Published with permission by Fresno County Sheriff - Coroner's Office Canines - 64 (c)Any person possessing controlled substance training samples pursuant to court order or DEA registration shall maintain custody and control of the controlled substances and shall keep records regarding any loss of, or damage to, those controlled substances. (d)All controlled substance training samples will be inspected, weighed and tested quarterly. The results of the quarterly testing shall be recorded and maintained by the Narcotic Unit Commander with a copy forwarded to the dispensing agency. (e)All controlled substance training samples will be stored in locked, airtight and watertight cases at all times, except during training. The locked cases shall be secured in the handler’s assigned vehicle during transport and stored in an appropriate locked container. There are no exceptions to this procedure. (f)The Narcotic Unit Commander shall periodically inspect every controlled substance training sample for damage or tampering and take any appropriate action. (g)Any unusable controlled substance training samples shall be returned to the Property and Evidence Unit or to the dispensing agency. (h)All controlled substance training samples shall be returned to the dispensing agency upon the conclusion of the training or upon demand by the dispensing agency. 309.12.7 EXPLOSIVE TRAINING AIDS Deputies may possess, transport, store or use explosives or destructive devices in compliance with state and federal laws (Penal Code § 18800; 18 USC § 842; 27 CFR 555.41). Explosive training aids designed specifically for canine teams should be used whenever feasible. Due to the safety concerns in the handling and transportation of explosives, inert or non-hazardous training aids should be employed whenever feasible. The use of explosives or destructive devices for training aids by canine teams is subject to the following: (a)All explosive training aids, when not in use, shall be properly stored in a secure facility appropriate for the type of materials. (b)An inventory ledger shall be maintained to document the type and quantity of explosive training aids that are stored. (c)The Explosive Ordnance Device (EOD) Unit Commander shall be responsible to verify the explosive training aids on hand against the inventory ledger annually. (d)Only members approved by the EOD Unit Commander shall have access to the explosive training aids storage facility. (e)A primary and secondary custodian will be designated to minimize the possibility of loss of explosive training aids during and after the training. Generally, the handler will be designated as the primary custodian while the trainer or authorized second person on-scene will be designated as the secondary custodian. (f)Any lost or damaged explosive training aids shall be promptly reported to the canine coordinator, who will determine if any further action will be necessary. Any loss of explosives will be reported to the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF). Policy 310 Fresno County Sheriff - Coroner's Office Policy Manual Copyright Lexipol, LLC 2018/03/19, All Rights Reserved. Published with permission by Fresno County Sheriff - Coroner's Office Domestic Violence - 65 Domestic Violence 310.1 PURPOSE AND SCOPE The purpose of this policy is to provide the guidelines necessary to deter, prevent and reduce domestic violence through vigorous enforcement and to address domestic violence as a serious crime against society. The policy specifically addresses the commitment of this office to take enforcement action when appropriate, to provide assistance to victims and to guide deputies in the investigation of domestic violence. 310.1.1 DEFINITIONS Definitions related to this policy include: Court order - All forms of orders related to domestic violence, that have been issued by a court of this state or another, whether civil or criminal, regardless of whether service has been made. 310.2 POLICY The Fresno County Sheriff - Coroner's Office’s response to incidents of domestic violence and violations of related court orders shall stress enforcement of the law to protect the victim and shall communicate the philosophy that domestic violence is criminal behavior. It is also the policy of this office to facilitate victims’ and offenders’ access to appropriate civil remedies and community resources whenever feasible. 310.3 OFFICER SAFETY The investigation of domestic violence cases often places deputies in emotionally charged and sometimes highly dangerous environments. No provision of this policy is intended to supersede the responsibility of all deputies to exercise due caution and reasonable care in providing for the safety of any deputies and parties involved. 310.4 INVESTIGATIONS The following guidelines should be followed by deputies when investigating domestic violence cases: (a)Calls of reported, threatened, imminent or ongoing domestic violence and the violation of any court order are of extreme importance and should be considered among the highest response priorities. This includes incomplete 9-1-1 calls. (b)When practicable, deputies should obtain and document statements from the victim, the suspect and any witnesses, including children, in or around the household or location of occurrence. (c)Deputies should list the full name and date of birth (and school if available) of each child who was present in the household at the time of the offense. The names of other children who may not have been in the house at that particular time should also be obtained for follow-up. Fresno County Sheriff - Coroner's Office Policy Manual Domestic Violence Copyright Lexipol, LLC 2018/03/19, All Rights Reserved. Published with permission by Fresno County Sheriff - Coroner's Office Domestic Violence - 66 (d)When practicable and legally permitted, video or audio record all significant statements and observations. (e)All reported injuries should be photographed, regardless of severity, even if not visible, while taking care to preserve the victim’s personal privacy. Where practicable, photographs should be taken by a person of the same sex. Victims whose injuries are not visible at the time of the incident should be asked to contact the Detective Bureau in the event that the injuries later become visible. (f)Deputies should request that the victim complete and sign an authorization for release of medical records related to the incident when applicable. (g)If the suspect is no longer at the scene, deputies should make reasonable efforts to locate the suspect to further the investigation, provide the suspect with an opportunity to make a statement and make an arrest or seek an arrest warrant if appropriate. (h)Seize any firearms or other dangerous weapons in the home, if appropriate and legally permitted, for safekeeping or as evidence. If the domestic violence involved threats of bodily harm, any firearm discovered in plain view or pursuant to consent or other lawful search must be taken into temporary custody (Penal Code § 18250). (i)When completing an incident or arrest report for violation of a court order, deputies should include specific information that establishes that the offender has been served, including the date the offender was served, the name of the agency that served the order and the provision of the order that the subject is alleged to have violated. When reasonably available, the arresting deputy should attach a copy of the order to the incident or arrest report. (j)Deputies should take appropriate enforcement action when there is probable cause to believe an offense has occurred. Factors that should not be used as sole justification for declining to take enforcement action include: 1.Marital status of suspect and victim. 2.Whether the suspect lives on the premises with the victim. 3.Claims by the suspect that the victim provoked or perpetuated the violence. 4.The potential financial or child custody consequences of arrest. 5.The physical or emotional state of either party. 6.Use of drugs or alcohol by either party. 7.Denial that the abuse occurred where evidence indicates otherwise. 8.A request by the victim not to arrest the suspect. 9.Location of the incident (public/private). 10.Speculation that the complainant may not follow through with the prosecution. Fresno County Sheriff - Coroner's Office Policy Manual Domestic Violence Copyright Lexipol, LLC 2018/03/19, All Rights Reserved. Published with permission by Fresno County Sheriff - Coroner's Office Domestic Violence - 67 11.The racial, cultural, social, professional position or sexual orientation of the victim or suspect. 310.4.1 IF A SUSPECT IS ARRESTED If a suspect is arrested, deputies should: (a)Advise the victim that there is no guarantee the suspect will remain in custody. (b)Provide the victim with VINE document, which includes victim registration information. (c)Advise the victim whether any type of court order will be in effect when the suspect is released from jail. 310.4.2 IF NO ARREST IS MADE If no arrest is made, the deputy should: (a)Advise the parties of any options, including but not limited to: 1.Voluntary separation of the parties. 2.Appropriate resource referrals (e.g., counselors, friends, relatives, shelter homes, victim witness unit). (b)Document the resolution in a report. 310.5 VICTIM ASSISTANCE Victims may be traumatized or confused. Deputies should: (a)Recognize that a victim’s behavior and actions may be affected. (b)Provide the victim with the office’s domestic violence information handout including the VINE information sheet, Marsy's Law informational pamphlet, hate crimes brochure (if applicable) and a SO-337 Form even if the incident may not rise to the level of a crime. (c)Alert the victim to any available victim advocates, shelters and community resources. (d)Stand by for a reasonable amount of time when an involved person requests law enforcement assistance while removing essential items of personal property. (e)Seek medical assistance as soon as practicable for the victim if he/she has sustained injury or complains of pain. (f)Ask the victim whether he/she has a safe place to stay. Assist in arranging to transport the victim to an alternate shelter if the victim expresses a concern for his/her safety or if the deputy determines that a need exists. (g)Make reasonable efforts to ensure that children or dependent adults who are under the supervision of the suspect or victim are being properly cared for. (h)Seek or assist the victim in obtaining an emergency order if appropriate. Fresno County Sheriff - Coroner's Office Policy Manual Domestic Violence Copyright Lexipol, LLC 2018/03/19, All Rights Reserved. Published with permission by Fresno County Sheriff - Coroner's Office Domestic Violence - 68 310.6 DISPATCH ASSISTANCE All calls of domestic violence, including incomplete 9-1-1 calls, should be dispatched as soon as practicable. Dispatchers are not required to verify the validity of a court order before responding to a request for assistance. Deputies should request that dispatchers check whether any of the involved persons are subject to the terms of a court order. 310.7 FOREIGN COURT ORDERS Various types of orders may be issued in domestic violence cases. Any foreign court order properly issued by a court of another state, Indian tribe or territory shall be enforced by deputies as if it were the order of a court in this state. An order should be considered properly issued when it reasonably appears that the issuing court has jurisdiction over the parties and reasonable notice and opportunity to respond was given to the party against whom the order was issued (18 USC § 2265). An otherwise valid out-of-state court order shall be enforced, regardless of whether the order has been properly registered with this state. 310.8 VERIFICATION OF COURT ORDERS Determining the validity of a court order, particularly an order from another jurisdiction, can be challenging. Therefore, in determining whether there is probable cause to make an arrest for a violation of any court order, deputies should carefully review the actual order when available, and, where appropriate and practicable: (a)Ask the subject of the order about his/her notice or receipt of the order, his/her knowledge of its terms and efforts to respond to the order. (b)Check available records or databases that may show the status or conditions of the order. (c)Contact the issuing court to verify the validity of the order. (d)Contact a law enforcement official from the jurisdiction where the order was issued to verify information. Deputies should document in an appropriate report their efforts to verify the validity of an order, regardless of whether an arrest is made. Deputies should contact a supervisor for clarification when needed. 310.9 LEGAL MANDATES AND RELEVANT LAWS California law provides for the following: 310.9.1 STANDARDS FOR ARRESTS Deputies investigating a domestic violence report should consider the following: (a)An arrest should be made when there is probable cause to believe that a felony or misdemeanor domestic violence offense has been committed (Penal Code § 13701). Fresno County Sheriff - Coroner's Office Policy Manual Domestic Violence Copyright Lexipol, LLC 2018/03/19, All Rights Reserved. Published with permission by Fresno County Sheriff - Coroner's Office Domestic Violence - 69 Any decision to not arrest an adult when there is reasonable cause to do so requires supervisor approval. 1.Deputies are only authorized to make an arrest without a warrant for a misdemeanor domestic violence offense if the deputy makes the arrest as soon as probable cause arises (Penal Code § 836). (b)A deputy responding to a domestic violence call who cannot make an arrest will advise the victim of his/her right to make a private person’s arrest. The advisement should be made out of the presence of the suspect and shall include advising the victim how to safely execute the arrest. Deputies shall not dissuade victims from making a lawful private person’s arrest. Deputies should refer to the provisions in the Private Persons Arrests Policy for options regarding the disposition of private person’s arrests (Penal Code § 836(b)). (c)Deputies shall not cite and release a person for the following offenses (Penal Code § 853.6(a)(3)) without a supervisor's approval: 1.Penal Code § 243(e)(1) (battery against spouse, cohabitant) 2.Penal Code § 273.5 (corporal injury on spouse, cohabitant, fiancé/fiancée, person of a previous dating or engagement relationship, mother/father of the offender’s child) 3.Penal Code § 273.6 (violation of protective order) if violence or threats of violence have occurred or the suspect has gone to the workplace or residence of the protected party 4.Penal Code § 646.9 (stalking) 5.Other serious or violent felonies specified in Penal Code § 1270.1 (d)In responding to domestic violence incidents, including mutual protective order violations, deputies should generally be reluctant to make dual arrests. Deputies shall make reasonable efforts to identify the dominant aggressor in any incident. The dominant aggressor is the person who has been determined to be the most significant, rather than the first, aggressor (Penal Code § 13701). In identifying the dominant aggressor, a deputy shall consider: 1.The intent of the law to protect victims of domestic violence from continuing abuse. 2.The threats creating fear of physical injury. 3.The history of domestic violence between the persons involved. 4.Whether either person acted in self-defense. (e)An arrest shall be made when there is probable cause to believe that a violation of a domestic violence court order has been committed (Penal Code § 13701; Penal Code Fresno County Sheriff - Coroner's Office Policy Manual Domestic Violence Copyright Lexipol, LLC 2018/03/19, All Rights Reserved. Published with permission by Fresno County Sheriff - Coroner's Office Domestic Violence - 70 § 836), regardless of whether the offense was committed in the deputy’s presence. After arrest, the deputy shall confirm that a copy of the order has been registered, unless the victim provides a copy (Penal Code § 836). 310.9.2 COURT ORDERS (a)A deputy who obtains an emergency protective order from the court shall serve it on the restrained person if the person can be reasonably located, and shall provide the person protected or the person’s parent/guardian with a copy of the order. The deputy shall file a copy with the Records Unit to be forwarded to the court as soon as practicable. The Records Unit shall enter the order into the computer database system for protective and restraining orders maintained by the Office of Justice (Family Code § 6271; Penal Code § 646.91). (b)At the request of the petitioner, a deputy at the scene of a reported domestic violence incident shall serve a court order on a restrained person (Family Code § 6383; Penal Code § 13710). (c)Any deputy serving a protective order that indicates that the respondent possesses weapons or ammunition shall request that the firearm/ammunition be immediately surrendered (Family Code § 6389(c)(2)). (d)During the service of a protective order any firearm discovered in plain view or pursuant to consent or other lawful search shall be taken into temporary custody (Penal Code § 18250). 310.9.3 PUBLIC ACCESS TO POLICY A copy of this domestic violence policy will be provided to members of the public upon request (Penal Code § 13701). 310.9.4 REPORTS AND RECORDS (a)A written report shall be completed on all incidents of domestic violence. All such reports should be documented on the appropriate form, which includes information and notations specific to domestic violence incidents as required by Penal Code § 13730. (b)Reporting deputies should provide the victim with the case number of the report. The case number may be placed in the space provided on the domestic violence victim information handout provided to the victim. If the case number is not immediately available, an explanation should be given regarding how the victim can obtain the information at a later time. (c)Deputies who seize any firearm or other deadly weapon in a domestic violence incident shall issue the individual possessing such weapon a receipt and notice of where the weapon may be recovered, along with any applicable time limit for recovery (Penal Code § 18250; Penal Code § 33800; Family Code § 6389(c)(2)). Fresno County Sheriff - Coroner's Office Policy Manual Domestic Violence Copyright Lexipol, LLC 2018/03/19, All Rights Reserved. Published with permission by Fresno County Sheriff - Coroner's Office Domestic Violence - 71 310.9.5 RECORD-KEEPING AND DATA COLLECTION This office shall maintain records of court orders related to domestic violence and the service status of each (Penal Code § 13710), as well as records on the number of domestic violence related calls reported to the Office, including whether weapons were used in the incident (Penal Code § 13730). This information is to be reported to the Attorney General monthly. It shall be the responsibility of the Records Unit Commander to maintain and report this information as required. 310.9.6 DECLARATION IN SUPPORT OF BAIL INCREASE Any deputy who makes a warrantless arrest for a felony or misdemeanor violation of a domestic violence restraining order shall evaluate the totality of the circumstances to determine whether reasonable cause exists to seek an increased bail amount. If there is reasonable cause to believe that the scheduled bail amount is insufficient to assure the arrestee’s appearance or to protect the victim or family member of a victim, the deputy shall prepare a declaration in support of increased bail (Penal Code § 1269c). Policy 314 Fresno County Sheriff - Coroner's Office Policy Manual Copyright Lexipol, LLC 2018/03/19, All Rights Reserved. Published with permission by Fresno County Sheriff - Coroner's Office Discriminatory Harassment - 72 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 2018/03/19, All Rights Reserved. Published with permission by Fresno County Sheriff - Coroner's Office Discriminatory Harassment - 73 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 2018/03/19, All Rights Reserved. Published with permission by Fresno County Sheriff - Coroner's Office Discriminatory Harassment - 74 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 2018/03/19, All Rights Reserved. Published with permission by Fresno County Sheriff - Coroner's Office Discriminatory Harassment - 75 314.5 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 2018/03/19, All Rights Reserved. Published with permission by Fresno County Sheriff - Coroner's Office Discriminatory Harassment - 76 •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). Policy 320 Fresno County Sheriff - Coroner's Office Policy Manual Copyright Lexipol, LLC 2018/03/19, All Rights Reserved. Published with permission by Fresno County Sheriff - Coroner's Office Standards of Conduct - 77 Standards of Conduct 320.1 PURPOSE AND SCOPE This policy establishes standards of conduct that are consistent with the Mission, Vision and Values of the Fresno County Sheriff - Coroner's Office and are expected of all office members. The standards contained in this policy are not intended to be an exhaustive list of requirements and prohibitions but they do identify many of the important matters concerning conduct. In addition to the provisions of this policy, members are subject to all other provisions contained in this manual, as well as any additional guidance on conduct that may be disseminated by this office or a member’s supervisors. 320.2 POLICY The continued employment or appointment of every member of the Fresno County Sheriff - Coroner's Office shall be based on conduct that reasonably conforms to the guidelines set forth herein. Failure to meet the guidelines set forth in this policy, whether on- or off-duty, may be cause for disciplinary action. 320.3 DIRECTIVES AND ORDERS Members shall comply with lawful directives and orders from any agency supervisor or person in a position of authority, absent a reasonable and bona fide justification. 320.3.1 UNLAWFUL OR CONFLICTING ORDERS Supervisors shall not knowingly issue orders or directives that, if carried out, would result in a violation of any law, agency policy or county rule. Supervisors should not issue orders that conflict with any previous order without making reasonable clarification that the new order is intended to countermand the earlier order. No member is required to obey any order that appears to be in direct conflict with any federal law, state law or local ordinance. Following a known unlawful order is not a defense and does not relieve the member from criminal or civil prosecution or administrative discipline. If the legality of an order is in doubt, the affected member shall ask the issuing supervisor to clarify the order or shall confer with a higher authority. The responsibility for refusal to obey rests with the member, who shall subsequently be required to justify the refusal. Unless it would jeopardize the safety of any individual, members who are presented with a lawful order that is in conflict with a previous lawful order, agency policy, county rule or other directive shall respectfully inform the issuing supervisor of the conflict. The issuing supervisor is responsible for either resolving the conflict or clarifying that the lawful order is intended to countermand the previous lawful order or directive, in which case the member is obliged to comply. Members who are compelled to follow a conflicting lawful order after having given the issuing supervisor the opportunity to correct the conflict, will not be held accountable for disobedience of the lawful order or directive that was initially issued. Fresno County Sheriff - Coroner's Office Policy Manual Standards of Conduct Copyright Lexipol, LLC 2018/03/19, All Rights Reserved. Published with permission by Fresno County Sheriff - Coroner's Office Standards of Conduct - 78 The person countermanding the original order shall notify, in writing, the person issuing the original order, indicating the action taken and the reason. 320.3.2 SUPERVISOR RESPONSIBILITIES Supervisors and managers are required to follow all policies and procedures and may be subject to discipline for: (a)Failure to be reasonably aware of the performance of their subordinates or to provide appropriate guidance and control. (b)Failure to promptly and fully report any known misconduct of a member to his/her immediate supervisor or to document such misconduct appropriately or as required by policy. (c)Directing a subordinate to violate a policy or directive, acquiesce to such a violation, or are indifferent to any such violation by a subordinate. (d)The unequal or disparate exercise of authority on the part of a supervisor toward any member for malicious or other improper purpose. 320.4 GENERAL STANDARDS Members shall conduct themselves, whether on- or off-duty, in accordance with the United States and California Constitutions and all applicable laws, ordinances and rules enacted or established pursuant to legal authority. Members shall familiarize themselves with policies and procedures and are responsible for compliance with each. Members should seek clarification and guidance from supervisors in the event of any perceived ambiguity or uncertainty. Discipline may be initiated for any good cause. This policy is not intended to cover every possible type of misconduct. 320.5 CAUSES FOR DISCIPLINE The following are illustrative of causes for disciplinary action. This list is not intended to cover every possible type of misconduct and does not preclude the recommendation of disciplinary action for violation of other rules, standards, ethics and specific action or inaction that is detrimental to efficient office service: 320.5.1 LAWS, RULES AND ORDERS (a)Violation of, or ordering or instructing a subordinate to violate any policy, procedure, rule, order, directive, requirement or failure to follow instructions contained in agency or County manuals. (b)Disobedience of any legal directive or order issued by any agency member of a higher rank. (c)Violation of federal, state, local or administrative laws, rules or regulations. Fresno County Sheriff - Coroner's Office Policy Manual Standards of Conduct Copyright Lexipol, LLC 2018/03/19, All Rights Reserved. Published with permission by Fresno County Sheriff - Coroner's Office Standards of Conduct - 79 320.5.2 ETHICS (a)Using or disclosing one’s status as a member of the Fresno County Sheriff - Coroner's Office in any way that could reasonably be perceived as an attempt to gain influence or authority for non-agency business or personal gain. (b)The wrongful or unlawful exercise of authority on the part of any member for malicious purpose, personal gain, willful deceit or any other improper purpose. (c)The receipt or acceptance of a reward, fee or gift from any person for service incident to the performance of the member's duties (lawful subpoena fees and authorized work permits excepted). (d)Acceptance of fees, gifts or money contrary to the rules of this agency and/or laws of the state. (e)Offer or acceptance of a bribe or gratuity. (f)Misappropriation or misuse of public funds, property, personnel or services. (g)Any other failure to abide by the standards of ethical conduct. 320.5.3 DISCRIMINATION, OPPRESSION OR FAVORITISM Discriminating against, oppressing or providing favoritism to any person because of age, race, color, creed, religion, sex, sexual orientation, gender identity or expression, national origin, ancestry, marital status, physical or mental disability, medical condition or other classification protected by law, or intentionally denying or impeding another in the exercise or enjoyment of any right, privilege, power or immunity, knowing the conduct is unlawful. Legitimate work-related communications between a supervisor and an employee does not constitute discrimination or harassment. 320.5.4 RELATIONSHIPS (a)Unwelcome solicitation of a personal or sexual relationship while on-duty or through the use of one’s official capacity. (b)Engaging in on-duty sexual activity including, but not limited to, sexual intercourse, excessive displays of public affection or other sexual contact. (c)Establishing or maintaining an inappropriate personal or financial relationship, as a result of an investigation, with a known victim, witness, suspect, informant or defendant while a case is being investigated or prosecuted, or as a direct result of any official contact. (d)Associating with or joining a criminal gang, organized crime and/or criminal syndicate when the member knows or reasonably should know of the criminal nature of the organization. This includes any organization involved in a definable criminal activity or enterprise, except as specifically directed and authorized by this office. (e)Associating on a personal, rather than official basis with persons who demonstrate recurring involvement in serious violations of state or federal laws after the member knows, or reasonably should know of such criminal activities, except as specifically directed and authorized by this office. Fresno County Sheriff - Coroner's Office Policy Manual Standards of Conduct Copyright Lexipol, LLC 2018/03/19, All Rights Reserved. Published with permission by Fresno County Sheriff - Coroner's Office Standards of Conduct - 80 320.5.5 ATTENDANCE (a)Leaving the job during duty hours without reasonable excuse and proper permission. (b)Unexcused or unauthorized absence or tardiness. (c)Excessive absenteeism or abuse of leave privileges. (d)Failure to report to work or to place of assignment at time specified and fully prepared to perform duties without reasonable excuse. 320.5.6 UNAUTHORIZED ACCESS, DISCLOSURE OR USE (a)Accessing, viewing or distributing, or allowing anyone else to access, view or distribute any record, file or report, whether hard copy or electronic file format, except in accordance with agency policy and with a legitimate law enforcement or business purpose or as otherwise permissible by law. 1.Members of this office shall not disclose the name, address or image of any victim of human trafficking except as authorized by law (Penal Code § 293). (b)Disclosing to any unauthorized person any active investigation information. (c)The use of any information, photograph, video or other recording obtained or accessed as a result of employment or appointment to this agency for personal or financial gain or without the express authorization of the Sheriff or the authorized designee. (d)Loaning, selling, allowing unauthorized use, giving away or appropriating any Fresno County Sheriff - Coroner's Office badge, uniform, identification card or agency property for personal use, personal gain or any other improper or unauthorized use or purpose. (e)Using agency resources in association with any portion of an independent civil action. These resources include, but are not limited to, personnel, vehicles, equipment and non-subpoenaed records. 320.5.7 EFFICIENCY (a)Neglect of duty. (b)Unsatisfactory work performance including, but not limited to, failure, incompetence, inefficiency or delay in performing and/or carrying out proper orders, work assignments or the instructions of supervisors without a reasonable and bona fide excuse. (c)Concealing, attempting to conceal, removing or destroying defective or incompetent work. (d)Unauthorized sleeping during on-duty time or assignments. (e)Failure to notify the Office within 24 hours of any change in residence address, contact telephone numbers or marital status. 320.5.8 PERFORMANCE (a)Failure to disclose or misrepresenting material facts, or making any false or misleading statement on any application, examination form, or other official document, report or form, or during the course of any work-related investigation. Fresno County Sheriff - Coroner's Office Policy Manual Standards of Conduct Copyright Lexipol, LLC 2018/03/19, All Rights Reserved. Published with permission by Fresno County Sheriff - Coroner's Office Standards of Conduct - 81 (b)The falsification of any work-related records, making misleading entries or statements with the intent to deceive or the willful and unauthorized removal, alteration, destruction and/or mutilation of any office record, public record, book, paper or electronic media. (c)Failure to participate in, or giving false or misleading statements, or misrepresenting or omitting material information to a supervisor or other person in a position of authority, in connection with any investigation or in the reporting of any agency--related business. (d)Being untruthful or knowingly making false, misleading or malicious statements that are reasonably calculated to harm the reputation, authority or official standing of this agency or any of its members. (e)Disparaging remarks or conduct concerning duly constituted authority to the extent that such conduct disrupts the efficiency of this agency or subverts the good order, efficiency and discipline of this agency or that would tend to discredit any of its members. (f)Unlawful gambling or unlawful betting at any time or any place. Legal gambling or betting under any of the following conditions: 1.While on agency premises. 2.At any work site, while on-duty or while in uniform, or while using any agency equipment or system. 3.Gambling activity undertaken as part of a member's official duties and with the express knowledge and permission of a direct supervisor is exempt from this prohibition. (g)Improper political activity including: 1.Unauthorized attendance while on-duty at official legislative or political sessions. 2.Solicitations, speeches or distribution of campaign literature for or against any political candidate or position while on--duty or, on agency property, except as expressly authorized by County policy, any relevant memorandum of understanding, or the Sheriff. (h)Engaging in political activities during assigned working hours except as expressly authorized by County policy, any relevant memorandum of understanding with this agency, or the Sheriff. (i)Any act on- or off-duty that brings discredit to this agency. 320.5.9 CONDUCT (a)Failure of any member to promptly and fully report activities on his/her part or the part of any other member where such activities resulted in contact with any other law enforcement agency or that may result in criminal prosecution or discipline under this policy. (b)Unreasonable and unwarranted force to a person encountered or a person under arrest. Fresno County Sheriff - Coroner's Office Policy Manual Standards of Conduct Copyright Lexipol, LLC 2018/03/19, All Rights Reserved. Published with permission by Fresno County Sheriff - Coroner's Office Standards of Conduct - 82 (c)Exceeding lawful peace officer powers by unreasonable, unlawful or excessive conduct. (d)Unauthorized or unlawful fighting, threatening or attempting to inflict unlawful bodily harm on another. (e)Engaging in horseplay that reasonably could result in injury or property damage. (f)Discourteous, disrespectful or discriminatory treatment of any member of the public or any member of this office or the County. (g)Use of obscene, indecent, profane or derogatory language while on-duty or in uniform. (h)Criminal, dishonest, or disgraceful conduct, whether on- or off-duty, that adversely affects the member’s relationship with this agency. (i)Unauthorized possession of, loss of, or damage to agency property or the property of others, or endangering it through carelessness or maliciousness. (j)Attempted or actual theft of agency property; misappropriation or misuse of public funds, property, personnel or the services or property of others; unauthorized removal or possession of agency property or the property of another person. (k)Activity that is incompatible with a member’s conditions of employment or appointment as established by law or that violates a provision of any relevant memorandum of understanding or contract to include fraud in securing the appointment or hire. (l)Initiating any civil action for recovery of any damages or injuries incurred in the course and scope of employment or appointment without first notifying the Sheriff of such action. (m)Any other on- or off-duty conduct which any member knows or reasonably should know is unbecoming a member of this agency, is contrary to good order, efficiency or morale, or tends to reflect unfavorably upon this agency or its members. 320.5.10 SAFETY (a)Failure to observe or violating agency safety standards or safe working practices. (b)Failure to maintain current licenses or certifications required for the assignment or position (e.g., driver license, first aid). (c)Failure to maintain physical condition sufficient to adequately and safely perform their assigned duties. (d)Unsafe firearm or other dangerous weapon handling to include loading or unloading firearms in an unsafe manner, either on- or off- duty. (e)Carrying, while on-duty, any firearm or other lethal weapon that is not authorized by the member’s appointing authority. (f)Unsafe or improper driving habits or actions in the course of employment or appointment. (g)Any personal action contributing to a preventable traffic collision. Fresno County Sheriff - Coroner's Office Policy Manual Standards of Conduct Copyright Lexipol, LLC 2018/03/19, All Rights Reserved. Published with permission by Fresno County Sheriff - Coroner's Office Standards of Conduct - 83 (h)Concealing or knowingly failing to report any on-the-job or work-related accident or injury as soon as practicable but within 24 hours. 320.5.11 INTOXICANTS (a)Reporting for work or being at work while intoxicated or when the member’s ability to perform assigned duties is impaired due to the use of alcohol, medication or drugs, whether legal, prescribed or illegal. The odor of an alcoholic beverage on the breath shall be presumptive evidence of being unfit for duty. (b)Possession or use of alcohol at any work site or while on-duty, except as authorized in the performance of an official assignment. A member who is authorized to consume alcohol is not permitted to do so to such a degree that it may impair on-duty performance. (c)Unauthorized possession, use of, or attempting to bring a controlled substance, illegal drug or non-prescribed medication to any work site. Policy 325 Fresno County Sheriff - Coroner's Office Policy Manual Copyright Lexipol, LLC 2018/03/19, All Rights Reserved. Published with permission by Fresno County Sheriff - Coroner's Office Subpoenas and Court Appearances - 84 Subpoenas and Court Appearances 325.1 PURPOSE AND SCOPE This policy establishes the guidelines for office members who must appear in court. It will allow the Fresno County Sheriff - Coroner's Office to cover any related work absences and keep the Office informed about relevant legal matters. 325.2 POLICY Fresno County Sheriff - Coroner's Office members will respond appropriately to all subpoenas and any other court-ordered appearances. 325.3 SUBPOENAS Only office members authorized to receive a subpoena on behalf of this office or any of its members may do so. This may be accomplished by personal service to the deputy or by delivery of two copies of the subpoena to the deputy's supervisor or the Office Court Liason Officer(Government Code § 68097.1; Penal Code § 1328(c)). The party that issues a civil subpoena to a deputy to testify as a witness must tender the statutory fee of $275 with the subpoena for each day that an appearance is required before service is accepted of the subpoena (Government Code § 68097.2). An immediate supervisor or the Office Court Liason Officer may refuse to accept service for a criminal subpoena if (Penal Code § 1328(d)(e)): (a)He/she knows that he/she will be unable to deliver a copy of the subpoena to the named deputy within sufficient time for the named deputy to comply with the subpoena. (b)It is less than five working days prior to the date listed for an appearance and he/she is not reasonably certain that service can be completed. If, after initially accepting service of a criminal subpoena, a supervisor or the Office Court Liason Officer determines that he/she is unable to deliver a copy of the subpoena to the named deputy within sufficient time for the named deputy to comply with the subpoena, the supervisor or Office Court Liason Officer shall notify the server or the attorney named on the subpoena of such not less than 48 hours prior to the date listed for the appearance (Penal Code § 1328(f)). 325.3.1 SPECIAL NOTIFICATION REQUIREMENTS Any member who is subpoenaed to testify, agrees to testify or provides information on behalf of or at the request of any party other than the County Attorney or the prosecutor shall notify his/her immediate supervisor without delay regarding: (a)Any civil case where the County or one of its members, as a result of his/her official capacity, is a party. (b)Any civil case where any other city, county, state or federal unit of government or a member of any such unit of government, as a result of his/her official capacity, is a party. Fresno County Sheriff - Coroner's Office Policy Manual Subpoenas and Court Appearances Copyright Lexipol, LLC 2018/03/19, All Rights Reserved. Published with permission by Fresno County Sheriff - Coroner's Office Subpoenas and Court Appearances - 85 (c)Any criminal proceeding where the member is called to testify or provide information on behalf of the defense. (d)Any civil action stemming from the member’s on-duty activity or because of his/her association with the Fresno County Sheriff - Coroner's Office. (e)Any personnel or disciplinary matter when called to testify or to provide information by a government entity other than the Fresno County Sheriff - Coroner's Office. The supervisor will then notify the Sheriff and the appropriate prosecuting attorney as may be indicated by the case. The Sheriff should determine if additional legal support is necessary. 325.3.2 CIVIL SUBPOENA The Office will compensate members who appear in their official capacities on civil matters arising out of their official duties, as directed by the current memorandum of understanding or collective bargaining agreement. The Office should seek reimbursement for the member’s compensation through the civil attorney of record who subpoenaed the member. 325.3.3 OFF-DUTY RELATED SUBPOENAS Members receiving valid subpoenas for off-duty actions not related to their employment or appointment may not be compensated for their appearance. Arrangements for time off shall be coordinated through their immediate supervisors. 325.4 FAILURE TO APPEAR Any member who fails to comply with the terms of any properly served subpoena or court-ordered appearance may be subject to discipline. This includes properly served orders to appear that were issued by a state administrative agency. 325.5 STANDBY To facilitate standby agreements, members are required to provide and maintain current information on their addresses and contact telephone numbers with the Office. If a member on standby changes his/her location during the day and is unavailable for contact by the telephone numbers on file with the Office, the member shall notify the Office Court Liason Officer of how he/she can be reached. Members are required to remain on standby until released by the court or the party that issued the subpoena. 325.6 COURTROOM PROTOCOL When appearing in court, members shall: (a)Be punctual and prepared to proceed immediately with the case for which they are scheduled to appear. (b)Dress in the office uniform or business attire. Fresno County Sheriff - Coroner's Office Policy Manual Subpoenas and Court Appearances Copyright Lexipol, LLC 2018/03/19, All Rights Reserved. Published with permission by Fresno County Sheriff - Coroner's Office Subpoenas and Court Appearances - 86 (c)Observe all rules of the court in which they are appearing and remain alert to changes in the assigned courtroom where their matter is to be heard. 325.6.1 TESTIMONY Before the date of testifying, the subpoenaed member shall obtain a copy of relevant reports and become familiar with the content in order to be prepared for court. 325.7 OVERTIME APPEARANCES When a member appears in court on his/her off-duty time, he/she will be compensated in accordance with the current memorandum of understanding or collective bargaining agreement. Policy 335 Fresno County Sheriff - Coroner's Office Policy Manual Copyright Lexipol, LLC 2018/03/19, All Rights Reserved. Published with permission by Fresno County Sheriff - Coroner's Office Limited English Proficiency Services - 87 Limited English Proficiency Services 335.1 PURPOSE AND SCOPE This policy provides guidance to members when communicating with individuals with limited English proficiency (LEP) (42 USC § 2000d). 335.1.1 DEFINITIONS Definitions related to this policy include: Authorized interpreter - A person who has been screened and authorized by the Office to act as an interpreter and/or translator for others. Interpret or interpretation - The act of listening to a communication in one language (source language) and orally converting it to another language (target language), while retaining the same meaning. Limited English proficient (LEP) - Any individual whose primary language is not English and who has a limited ability to read, write, speak or understand English. These individuals may be competent in certain types of communication (e.g., speaking or understanding) but still be LEP for other purposes (e.g., reading or writing). Similarly, LEP designations are context-specific; an individual may possess sufficient English language skills to function in one setting but these skills may be insufficient in other situations. Qualified bilingual member - A member of the Fresno County Sheriff - Coroner's Office, designated by the Office, who has the ability to communicate fluently, directly and accurately in both English and another language. Bilingual members may be fluent enough to communicate in a non-English language but may not be sufficiently fluent to interpret or translate from one language into another. Translate or translation - The replacement of written text from one language (source language) into an equivalent written text (target language). 335.2 POLICY It is the policy of the Fresno County Sheriff - Coroner's Office to reasonably ensure that LEP individuals have meaningful access to law enforcement services, programs and activities, while not imposing undue burdens on its members. The Office will not discriminate against or deny any individual access to services, rights or programs based upon national origin or any other protected interest or right. 335.3 LEP COORDINATOR The Sheriff shall delegate certain responsibilities to an LEP Coordinator. The LEP Coordinator shall be appointed by, and directly responsible to, the Human Resources Unit Commander or the authorized designee. The responsibilities of the LEP Coordinator include, but are not limited to: Fresno County Sheriff - Coroner's Office Policy Manual Limited English Proficiency Services Copyright Lexipol, LLC 2018/03/19, All Rights Reserved. Published with permission by Fresno County Sheriff - Coroner's Office Limited English Proficiency Services - 88 (a)Coordinating and implementing all aspects of the Fresno County Sheriff - Coroner's Office’s LEP services to LEP individuals. (b)Developing procedures that will enable members to access LEP services, including telephonic interpreters, and ensuring the procedures are available to all members. (c)Ensuring that a list of all qualified bilingual members and authorized interpreter services is maintained and available to each Watch Commander and Communications Supervisor. The list should include information regarding the following: 1.Languages spoken 2.Contact information 3.Availability (d)Ensuring signage stating that interpreters are available free of charge to LEP individuals is posted in appropriate areas and in the most commonly spoken languages. (e)Reviewing existing and newly developed documents to determine which are vital documents and should be translated, and into which languages the documents should be translated. (f)Annually assessing demographic data and other resources, including contracted language services utilization data and community-based organizations, to determine if there are additional documents or languages that are appropriate for translation. (g)Periodically reviewing efforts of the Office in providing meaningful access to LEP individuals, and, as appropriate, developing reports, new procedures or recommending modifications to this policy. (h)Receiving and responding to complaints regarding Office LEP services. (i)Ensuring appropriate processes are in place to provide for the prompt and equitable resolution of complaints and inquiries regarding discrimination in access to Office services, programs and activities. 335.4 FOUR-FACTOR ANALYSIS Since there are many different languages that members could encounter, the Office will utilize the four-factor analysis outlined in the U.S. Department of Justice (DOJ) Guidance to Federal Financial Assistance Recipients, available at the DOJ website, to determine which measures will provide meaningful access to its services and programs. It is recognized that law enforcement contacts and circumstances will vary considerably. This analysis, therefore, must remain flexible and will require an ongoing balance of four factors, which are: (a)The number or proportion of LEP individuals eligible to be served or likely to be encountered by Office members, or who may benefit from programs or services within the jurisdiction of the Office or a particular geographic area. Fresno County Sheriff - Coroner's Office Policy Manual Limited English Proficiency Services Copyright Lexipol, LLC 2018/03/19, All Rights Reserved. Published with permission by Fresno County Sheriff - Coroner's Office Limited English Proficiency Services - 89 (b)The frequency with which LEP individuals are likely to come in contact with Office members, programs or services. (c)The nature and importance of the contact, program, information or service provided. (d)The cost of providing LEP assistance and the resources available. 335.5 TYPES OF LEP ASSISTANCE AVAILABLE Fresno County Sheriff - Coroner's Office members should never refuse service to an LEP individual who is requesting assistance, nor should they require an LEP individual to furnish an interpreter as a condition for receiving assistance. The Office will make every reasonable effort to provide meaningful and timely assistance to LEP individuals through a variety of services. The Office will utilize all reasonably available tools, such as language identification cards, when attempting to determine an LEP individual's primary language. LEP individuals may choose to accept Office-provided LEP services at no cost or they may choose to provide their own. Office-provided LEP services may include, but are not limited to, the assistance methods described in this policy. 335.6 WRITTEN FORMS AND GUIDELINES Vital documents or those that are frequently used should be translated into languages most likely to be encountered. The LEP Coordinator will arrange to make these translated documents available to members and other appropriate individuals, as necessary. 335.7 AUDIO RECORDINGS The Office may develop audio recordings of important or frequently requested information in a language most likely to be understood by those LEP individuals who are representative of the community being served. 335.8 QUALIFIED BILINGUAL MEMBERS Bilingual members may be qualified to provide LEP services when they have demonstrated through established Office procedures a sufficient level of skill and competence to fluently communicate in both English and a non-English language. Members utilized for LEP services must demonstrate knowledge of the functions of an interpreter/translator and the ethical issues involved when acting as a language conduit. Additionally, bilingual members must be able to communicate technical and law enforcement terminology, and be sufficiently proficient in the non-English language to perform complicated tasks, such as conducting interrogations, taking statements, collecting evidence or conveying rights or responsibilities. When a qualified bilingual member from this Office is not available, personnel from other County Offices, who have been identified by the County as having the requisite skills and competence, may be requested. Fresno County Sheriff - Coroner's Office Policy Manual Limited English Proficiency Services Copyright Lexipol, LLC 2018/03/19, All Rights Reserved. Published with permission by Fresno County Sheriff - Coroner's Office Limited English Proficiency Services - 90 335.9 AUTHORIZED INTERPRETERS Any person designated by the Office to act as an authorized interpreter and/or translator must have demonstrated competence in both English and the involved non-English language, must have an understanding of the functions of an interpreter that allows for correct and effective translation, and should not be a person with an interest in the Office case or investigation involving the LEP individual. A person providing interpretation or translation services may be required to establish the accuracy and trustworthiness of the interpretation or translation in a court proceeding. Authorized interpreters must pass a screening process established by the LEP Coordinator which demonstrates that their skills and abilities include: (a)The competence and ability to communicate information accurately in both English and in the target language. (b)Knowledge, in both languages, of any specialized terms or concepts peculiar to this Office and of any particularized vocabulary or phraseology used by the LEP individual. (c)The ability to understand and adhere to the interpreter role without deviating into other roles, such as counselor or legal adviser. (d)Knowledge of the ethical issues involved when acting as a language conduit. 335.9.1 SOURCES OF AUTHORIZED INTERPRETERS The Office may contract with authorized interpreters who are available over the telephone. Members may use these services within established procedures. Other sources may include: •Qualified bilingual members of this Office or personnel from other County Offices. •Individuals employed exclusively to perform interpretation services. •Contracted in-person interpreters, such as state or federal court interpreters, among others. •Interpreters from other agencies who have been qualified as interpreters by this Office, and with whom the Office has a resource-sharing or other arrangement that they will interpret according to Office guidelines. 335.9.2 COMMUNITY VOLUNTEERS AND OTHER SOURCES OF LANGUAGE ASSISTANCE Language assistance may be available from community volunteers who have demonstrated competence in either monolingual (direct) communication and/or in interpretation or translation (as noted in above), and have been approved by the Office to communicate with LEP individuals. Where qualified bilingual members or other authorized interpreters are unavailable to assist, approved community volunteers who have demonstrated competence may be called upon when appropriate. However, Office members must carefully consider the nature of the contact and the Fresno County Sheriff - Coroner's Office Policy Manual Limited English Proficiency Services Copyright Lexipol, LLC 2018/03/19, All Rights Reserved. Published with permission by Fresno County Sheriff - Coroner's Office Limited English Proficiency Services - 91 relationship between the LEP individual and the volunteer to ensure that the volunteer can provide neutral and unbiased assistance. While family or friends of an LEP individual may offer to assist with communication or interpretation, members should carefully consider the circumstances before relying on such individuals. For example, children should not be relied upon except in exigent or very informal and non-confrontational situations. 335.10 CONTACT AND REPORTING While all law enforcement contacts, services and individual rights are important, this Office will utilize the four-factor analysis to prioritize service to LEP individuals so that such services may be targeted where they are most needed, according to the nature and importance of the particular law enforcement activity involved. Whenever any member of this Office is required to complete a report or other documentation, and interpretation services are provided to any involved LEP individual, such services should be noted in the related report. Members should document the type of interpretation services utilized and whether the individual elected to use services provided by the Office or some other identified source. 335.11 RECEIVING AND RESPONDING TO REQUESTS FOR ASSISTANCE The Fresno County Sheriff - Coroner's Office will take reasonable steps and will work with the Fresno County Personnel Services to develop in-house language capacity by hiring or appointing qualified members proficient in languages representative of the community being served. 335.11.1 EMERGENCY CALLS TO 9-1-1 Office members will make every reasonable effort to promptly accommodate LEP individuals utilizing 9-1-1 lines. When a 9-1-1 call-taker receives a call and determines that the caller is an LEP individual, the call-taker shall quickly determine whether sufficient information can be obtained to initiate an appropriate emergency response. If language assistance is still needed, the language is known and a qualified bilingual member is available in the Communications Center, the call shall immediately be handled by the qualified bilingual member. If a qualified bilingual member is not available or the call-taker is unable to identify the caller’s language, the call-taker will contact the contracted telephone interpretation service and establish a three-way call between the call-taker, the LEP individual and the interpreter. Dispatchers will make every reasonable effort to dispatch a qualified bilingual member to the assignment, if available and appropriate. While 9-1-1 calls shall receive top priority, reasonable efforts should also be made to accommodate LEP individuals seeking routine access to services and information by utilizing the resources listed in this policy. Fresno County Sheriff - Coroner's Office Policy Manual Limited English Proficiency Services Copyright Lexipol, LLC 2018/03/19, All Rights Reserved. Published with permission by Fresno County Sheriff - Coroner's Office Limited English Proficiency Services - 92 335.12 FIELD ENFORCEMENT Field enforcement will generally include such contacts as traffic stops, pedestrian stops, serving warrants and restraining orders, crowd/traffic control and other routine field contacts that may involve LEP individuals. The scope and nature of these activities and contacts will inevitably vary. Members and/or supervisors must assess each situation to determine the need and availability of language assistance to all involved LEP individuals and utilize the methods outlined in this policy to provide such assistance. Although not every situation can be addressed in this policy, it is important that members are able to effectively communicate the reason for a contact, the need for information and the meaning or consequences of any enforcement action. For example, it would be meaningless to request consent to search if the deputy is unable to effectively communicate with an LEP individual. If available, deputies should obtain the assistance of a qualified bilingual member or an authorized interpreter before placing an LEP individual under arrest. 335.13 INVESTIGATIVE FIELD INTERVIEWS In any situation where an interview may reveal information that could be used as the basis for arrest or prosecution of an LEP individual and a qualified bilingual member is unavailable or lacks the skills to directly communicate with the LEP individual, an authorized interpreter should be used. This includes interviews conducted during an investigation with victims, witnesses and suspects. In such situations, audio recordings of the interviews should be made when reasonably possible. Identification and contact information for the interpreter (e.g., name, address) should be documented so that the person can be subpoenaed for trial if necessary. If an authorized interpreter is needed, deputies should consider calling for an authorized interpreter in the following order: •An authorized Office member or allied agency interpreter •An authorized telephone interpreter •Any other authorized interpreter Any Miranda warnings shall be provided to suspects in their primary language by an authorized interpreter or, if the suspect is literate, by providing a translated Miranda warning card. The use of an LEP individual’s bilingual friends, family members, children, neighbors or bystanders may be used only when a qualified bilingual member or authorized interpreter is unavailable and there is an immediate need to interview an LEP individual. 335.14 CUSTODIAL INTERROGATIONS Miscommunication during custodial interrogations may have a substantial impact on the evidence presented in a criminal prosecution. Only qualified bilingual members or, if none is available or appropriate, authorized interpreters shall be used during custodial interrogations. Miranda Fresno County Sheriff - Coroner's Office Policy Manual Limited English Proficiency Services Copyright Lexipol, LLC 2018/03/19, All Rights Reserved. Published with permission by Fresno County Sheriff - Coroner's Office Limited English Proficiency Services - 93 warnings shall be provided to suspects in their primary language by the qualified bilingual member or an authorized interpreter. In order to ensure that translations during custodial interrogations are accurately documented and are admissible as evidence, interrogations should be recorded whenever reasonably possible. See guidance on recording custodial interrogations in the Investigation and Prosecution Policy. 335.15 BOOKINGS When gathering information during the booking process, members should remain alert to the impediments that language barriers can create. In the interest of the arrestee’s health and welfare, the safety and security of the facility, and to protect individual rights, it is important that accurate medical screening and booking information be obtained. Members should seek the assistance of a qualified bilingual member whenever there is concern that accurate information cannot be obtained or that booking instructions may not be properly understood by an LEP individual. 335.16 COMPLAINTS The Office shall ensure that LEP individuals who wish to file a complaint regarding members of this Office are able to do so. The Office may provide an authorized interpreter or translated forms, as appropriate. Complaints will be referred to the LEP Coordinator. Investigations into such complaints shall be handled in accordance with the Personnel Complaints Policy. Authorized interpreters used for any interview with an LEP individual during an investigation should not be members of this Office. Any notice required to be sent to an LEP individual as a complaining party pursuant to the Personnel Complaints Policy should be translated or otherwise communicated in a language- accessible manner. 335.17 COMMUNITY OUTREACH Community outreach programs and other such services offered by this Office are important to the ultimate success of more traditional law enforcement duties. This Office will continue to work with community groups, local businesses and neighborhoods to provide equal access to such programs and services. Policy 338 Fresno County Sheriff - Coroner's Office Policy Manual Copyright Lexipol, LLC 2018/03/19, All Rights Reserved. Published with permission by Fresno County Sheriff - Coroner's Office Chaplains - 94 Chaplains 338.1 PURPOSE AND SCOPE This policy establishes the guidelines for Fresno County Sheriff - Coroner's Office chaplains to provide counseling and/or emotional support to members of the Office, their families and members of the community. 338.2 POLICY The Fresno County Sheriff - Coroner's Office shall ensure that office chaplains are properly appointed, trained and supervised to carry out their responsibilities without financial compensation. 338.3 ELIGIBILITY Requirements for participation as a chaplain for the Office may include, but are not limited to: (a)Being above reproach, temperate, prudent, respectable, hospitable, able to teach, be free from addiction to alcohol or other drugs, and excessive debt. (b)Managing their households, families and personal affairs well. (c)Having a good reputation in the community. (d)Successful completion of a background investigation. 1.Same as professional staff (e.g., dispatcher). (e)Possession of a valid driver license. (f)Complete the Basic Chaplaincy Course or, with prior approval, complete the POST Chaplaincy Course. The Sheriff may apply exceptions for eligibility based on organizational needs and the qualifications of the individual. 338.4 RECRUITMENT, SELECTION AND APPOINTMENT The Fresno County Sheriff - Coroner's Office shall endeavor to recruit and appoint only those applicants who meet the high ethical, moral and professional standards set forth by this office. All applicants shall be required to meet and pass the same pre-employment procedures before appointment. 338.4.1 SELECTION AND APPOINTMENT Chaplain candidates shall successfully complete the following process prior to appointment as a chaplain: (a)Submit the appropriate written application. (b)Include a recommendation from employers or volunteer programs. (c)Interview with the senior chaplain and/or the chaplain Commander or designee. Fresno County Sheriff - Coroner's Office Policy Manual Chaplains Copyright Lexipol, LLC 2018/03/19, All Rights Reserved. Published with permission by Fresno County Sheriff - Coroner's Office Chaplains - 95 (d)Successfully complete the background investigation. Chaplains are volunteers and serve at the discretion of the Sheriff. Chaplains shall have no property interest in continued appointment. However, if a chaplain is removed for alleged misconduct, the chaplain will be afforded an opportunity solely to clear his/her name through a liberty interest hearing, which shall be limited to a single appearance before the Sheriff or the authorized designee. 338.5 IDENTIFICATION AND UNIFORMS As representatives of the Office, chaplains are responsible for presenting a professional image to the community. Chaplains shall dress appropriately for the conditions and performance of their duties. Uniforms/shirts and necessary safety equipment are approved by the Sheriff. Identification symbols worn by chaplains shall be different and distinct from those worn by deputies through the inclusion of "Chaplain" on the uniform and not reflect any religious affiliation. Chaplains will be issued Fresno County Sheriff - Coroner's Office identification cards, which must be carried at all times while on-duty. The identification cards will be the standard Fresno County Sheriff - Coroner's Office identification cards, with the exception that “Chaplain” will be indicated on the cards. Chaplains shall be required to return any issued office property at the termination of service. Chaplains shall conform to all uniform regulations and appearance standards of this office. 338.6 SENIOR CHAPLAIN The Sheriff shall delegate certain responsibilities to a senior chaplain. The senior chaplain shall be appointed by and directly responsible to a Bureau Commander and/or the authorized designee. The senior chaplain shall serve as the liaison between the chaplains and the Sheriff. The function of the senior chaplain is to provide a central coordinating point for effective chaplain management within the Office, and to direct and assist efforts to jointly provide more productive chaplain services. Under the general direction of the Sheriff or the authorized designee, chaplains shall report to the senior chaplain and/or chaplain Commander (or Watch Commander in the absence of the senior chaplain). The chaplain Commander may appoint a lead chaplain designee to assist in the coordination of chaplains and their activities. The responsibilities of the coordinator or the authorized designee include, but are not limited to: (a)Recruiting, selecting and training qualified chaplains. (b)Conducting chaplain meetings. (c)Establishing and maintaining a chaplain callout roster. (d)Maintaining records for each chaplain. (e)Tracking and evaluating the contribution of chaplains. (f)Maintaining a record of chaplain schedules and work hours. Fresno County Sheriff - Coroner's Office Policy Manual Chaplains Copyright Lexipol, LLC 2018/03/19, All Rights Reserved. Published with permission by Fresno County Sheriff - Coroner's Office Chaplains - 96 (g)Completing and disseminating, as appropriate, all necessary paperwork and information. (h)Planning periodic recognition events. (i)Maintaining liaison with other agency chaplain coordinators. An evaluation of the overall use of chaplains will be conducted on an annual basis by the coordinator. 338.7 DUTIES AND RESPONSIBILITIES Chaplains assist the Office, its members and the community, as needed. Assignments of chaplains will be approved by the Sheriff or designee. Chaplains should be placed only in assignments or programs that are consistent with their knowledge, skills, abilities and the needs of the Office. All chaplains will be assigned to duties by the chaplain coordinator or the authorized designee. Chaplains may not proselytize or attempt to recruit members of the Office or the public into a religious affiliation while representing themselves as chaplains with this office. If there is any question as to the receiving person’s intent, chaplains should verify that the person is desirous of spiritual counseling or guidance before engaging in such discussion. Chaplains may not accept gratuities for any service or any subsequent actions or follow-up contacts that were provided while functioning as a chaplain for the Fresno County Sheriff - Coroner's Office. 338.7.1 COMPLIANCE Chaplains are volunteer members of this office, and except as otherwise specified within this policy, are required to comply with the Volunteer Program Policy and other applicable policies. 338.7.2 OPERATIONAL GUIDELINES (a)Chaplains will be scheduled to be on-call for a period of seven consecutive days during each month, beginning on Monday and ending on the following Sunday. (b)Generally, each chaplain will serve with Fresno County Sheriff - Coroner's Office personnel a minimum of eight hours per month. (c)At the end of each watch the chaplain will complete a chaplain shift report and submit it to the Sheriff or the authorized designee. (d)Chaplains shall be permitted to ride with deputies during any shift and observe Fresno County Sheriff - Coroner's Office operations, provided the shift supervisor or Watch Commander has been notified and has approved the activity. (e)Chaplains will be permitted to work in the Jail Division facilities upon background approval. (f)Chaplains shall not be evaluators of members of the Office. (g)In responding to incidents, a chaplain shall never function as a deputy or correctional officer. Fresno County Sheriff - Coroner's Office Policy Manual Chaplains Copyright Lexipol, LLC 2018/03/19, All Rights Reserved. Published with permission by Fresno County Sheriff - Coroner's Office Chaplains - 97 (h)When responding to in-progress calls for service (Field Services Division or Jail Division), chaplains may be required to stand-by in a secure area until the situation has been deemed safe and secure (including access to possible crime scenes/individuals involved in crimes/incidents). (i)Chaplains shall serve only within the jurisdiction of the Fresno County Sheriff - Coroner's Office unless otherwise authorized by the Sheriff or the authorized designee. 338.7.3 ASSISTING OFFICE MEMBERS The responsibilities of a chaplain related to office members may include, but are not limited to: (a)Assisting in making notification to families of members who have been seriously injured or killed and, after notification, responding to the hospital or home of the member. (b)Visiting sick or injured members in the hospital or at home. (c)Attending and participating, when requested, in funerals of active or retired members. (d)Serving as a resource for members when dealing with the public in incidents, such as accidental deaths, suicides, suicidal subjects, serious accidents, drug and alcohol abuse and other such situations that may arise. (e)Providing counseling and support for office members and their families. (f)Being alert to the needs of office members and their families. 338.7.4 ASSISTING THE OFFICE The responsibilities of a chaplain related to this office may include, but are not limited to: (a)Assisting office members in the diffusion of a conflict or incident, when requested. (b)Responding to natural and accidental deaths, suicides and attempted suicides, family disturbances and any other incident that in the judgment of the shift supervisor or Watch Commander aids in accomplishing the mission of the Office. (c)Responding to all major disasters, such as natural disasters, bombings and similar critical incidents. (d)Being on-call and, if possible, on-duty during major demonstrations or any public function that requires the presence of a large number of office members. (e)Attending office and academy graduations, ceremonies and social events and offering invocations and benedictions, as requested. (f)Participating in in-service training classes. (g)Willingness to train others to enhance the effectiveness of the Office. 338.7.5 ASSISTING THE COMMUNITY The duties of a chaplain related to the community may include, but are not limited to: (a)Fostering familiarity with the role of law enforcement in the community. Fresno County Sheriff - Coroner's Office Policy Manual Chaplains Copyright Lexipol, LLC 2018/03/19, All Rights Reserved. Published with permission by Fresno County Sheriff - Coroner's Office Chaplains - 98 (b)Providing an additional link between the community, other chaplain coordinators and the Office. (c)Providing liaison with various civic, business and religious organizations. (d)Promptly facilitating requests for representatives or leaders of various denominations. (e)Assisting the community in any other function as needed or requested. (f)Making referrals in cases where specialized attention is needed or in cases that are beyond the chaplain's ability to assist. 338.7.6 CHAPLAIN MEETINGS All chaplains are required to attend scheduled meetings. Any absences must be satisfactorily explained to the senior chaplain. Any absences beyond two months during any consecutive calendar year shall include a memo from the chaplain to the Bureau Commander, via the chain of command, explaining the multiple absences. Unexcused absences may be cause for removal from the chaplain program/unit. 338.8 PRIVILEGED COMMUNICATIONS No person who provides chaplain services to members of the Office may work or volunteer for the Fresno County Sheriff - Coroner's Office in any capacity other than that of chaplain unless otherwise authorized by the Sheriff. Office chaplains shall be familiar with state evidentiary laws and rules pertaining to the limits of the clergy-penitent, psychotherapist-patient and other potentially applicable privileges and shall inform members when it appears reasonably likely that the member is discussing matters that are not subject to privileged communications. In such cases, the chaplain should consider referring the member to a non-office counseling resource. This privileged communications training shall be documented in their personnel/training file. No chaplain shall provide counsel to or receive confidential communications from any Fresno County Sheriff - Coroner's Office member concerning an incident personally witnessed by the chaplain or concerning an incident involving the chaplain. 338.9 TRAINING The Office will establish a minimum number of training hours and standards for office chaplains. The training, as approved by the Training Manager, may include: •Stress management •Death notifications •Symptoms of post-traumatic stress •Burnout for members of law enforcement and chaplains •Legal liability and confidentiality (reference the Privileged Communications section of this policy) •Ethics Fresno County Sheriff - Coroner's Office Policy Manual Chaplains Copyright Lexipol, LLC 2018/03/19, All Rights Reserved. Published with permission by Fresno County Sheriff - Coroner's Office Chaplains - 99 •Responding to crisis situations •The law enforcement family •Substance abuse •Suicide •Member injury or death •Sensitivity and diversity Policy 340 Fresno County Sheriff - Coroner's Office Policy Manual Copyright Lexipol, LLC 2018/03/19, All Rights Reserved. Published with permission by Fresno County Sheriff - Coroner's Office Child and Dependent Adult Safety - 100 Child and Dependent Adult Safety 340.1 PURPOSE AND SCOPE This policy provides guidelines to ensure that children and dependent adults are not left without appropriate care in the event their caregiver or guardian is arrested or otherwise prevented from providing care due to actions taken by members of this office (Penal Code § 833.2(a)). This policy does not address the actions to be taken during the course of a child abuse or dependent adult investigation. These are covered in the Child Abuse and Adult Abuse policies. 340.2 POLICY It is the policy of this office to mitigate, to the extent reasonably possible, the stressful experience individuals may have when their parent or caregiver is arrested. The Fresno County Sheriff - Coroner's Office will endeavor to create a strong, cooperative relationship with local, state and community-based social services to ensure an effective, collaborative response that addresses the needs of those affected. 340.3 PROCEDURES DURING AN ARREST When encountering an arrest or prolonged detention situation, deputies should make reasonable attempts to determine if the arrestee is responsible for children or dependent adults. In some cases this may be obvious, such as when children or dependent adults are present. However, deputies should inquire if the arrestee has caregiver responsibilities for any children or dependent adults who are without appropriate supervision. The following steps should be taken (Penal Code § 13517.7(b)(1)): (a)Inquire about and confirm the location of any children or dependent adults. (b)Look for evidence of children and dependent adults. Deputies should be mindful that some arrestees may conceal the fact that they have a dependent for fear the individual may be taken from them. (c)Consider inquiring of witnesses, neighbors, friends and relatives of the arrestee as to whether the person is responsible for a child or dependent adult. Whenever reasonably possible, deputies should take reasonable steps to accomplish the arrest of a parent, guardian or caregiver out of the presence of his/her child or dependent adult. Removing children or dependent adults from the scene in advance of the arrest will generally ensure the best outcome for the individual. Whenever it is safe to do so, deputies should allow the parent or caregiver to assure children or dependent adults that they will be provided care. If this is not safe or if the demeanor of the parent or caregiver suggests this conversation would be non-productive, the deputy at the scene should explain the reason for the arrest in age-appropriate language and offer reassurance to the child or dependent adult that he/she will receive appropriate care. Fresno County Sheriff - Coroner's Office Policy Manual Child and Dependent Adult Safety Copyright Lexipol, LLC 2018/03/19, All Rights Reserved. Published with permission by Fresno County Sheriff - Coroner's Office Child and Dependent Adult Safety - 101 340.3.1 AFTER AN ARREST Whenever an arrest is made, the deputy should take all reasonable steps to ensure the safety of the arrestee’s disclosed or discovered children or dependent adults. Deputies should allow the arrestee reasonable time to arrange for care of children and dependent adults. Temporary placement with family or friends may be appropriate. However, any decision should give priority to a care solution that is in the best interest of the child or dependent adult. In such cases the following guidelines should be followed: (a)Allow the person reasonable time to arrange for the care of children and dependent adults with a responsible party, as appropriate. 1.Deputies should consider allowing the person to use his/her cell phone to facilitate arrangements through access to contact phone numbers, and to lessen the likelihood of call screening by the recipients due to calls from unknown sources. (b)Unless there is evidence to the contrary (e.g., signs of abuse, drug use, unsafe environment), deputies should respect the parent or caregiver’s judgment regarding arrangements for care. It is generally best if the child or dependent adult remains with relatives or family friends that he/she knows and trusts because familiarity with surroundings and consideration for comfort, emotional state and safety are important. 1.Except when a court order exists limiting contact, the deputy should attempt to locate and place children or dependent adults with the non-arrested parent, guardian or caregiver. (c)Provide for the immediate supervision of children or dependent adults until an appropriate caregiver arrives. (d)Notify Child Protective Services or Adult Protective Services, if appropriate. (e)Notify the field supervisor or Watch Commander of the disposition of children or dependent adults. If children or dependent adults are at school or another known location outside the household at the time of arrest, the arresting deputy should attempt to contact the school or other known location and inform the principal or appropriate responsible adult of the caregiver’s arrest and of the arrangements being made for the care of the arrestee’s dependent. The result of such actions should be documented in the associated report. 340.3.2 DURING THE BOOKING PROCESS During the booking process the arrestee shall be allowed to make additional telephone calls to relatives or other responsible individuals as is reasonably necessary to arrange for the care of any child or dependent adult. These telephone calls should be given as soon as practicable and are in addition to any other telephone calls allowed by law (Penal Code § 851.5(c)). Fresno County Sheriff - Coroner's Office Policy Manual Child and Dependent Adult Safety Copyright Lexipol, LLC 2018/03/19, All Rights Reserved. Published with permission by Fresno County Sheriff - Coroner's Office Child and Dependent Adult Safety - 102 If an arrestee is unable to resolve the care of any child or dependent adult through this process, a supervisor should be contacted to determine the appropriate steps to arrange for care. These steps may include additional telephone calls or contacting a local, county or state services agency. 340.3.3 REPORTING (a)For all arrests where children are present or living in the household, the reporting member will document the following information: 1.Name 2.Sex 3.Age 4.Special needs (e.g., medical, mental health) 5.How, where and with whom or which agency the child was placed 6.Identities and contact information for other potential caregivers 7.Notifications made to other adults (e.g., schools, relatives) (b)For all arrests where dependent adults are present or living in the household, the reporting member will document the following information: 1.Name 2.Sex 3.Age 4.Whether he/she reasonably appears able to care for him/herself 5.Disposition or placement information if he/she is unable to care for him/herself 340.3.4 SUPPORT AND COUNSELING REFERRAL If, in the judgment of the handling deputies, the child or dependent adult would benefit from additional assistance, such as counseling services, contact with a victim advocate or a crisis telephone number, the appropriate referral information may be provided. 340.4 DEPENDENT WELFARE SERVICES Whenever an arrestee is unwilling or incapable of arranging for the appropriate care of any child or dependent adult, the handling deputy should contact the appropriate welfare service or other office-approved social service to determine whether protective custody is appropriate (Welfare and Institutions Code § 305). Only when other reasonable options are exhausted should a child or dependent adult be transported to the sheriff facility, transported in a marked patrol car or taken into formal protective custody. Fresno County Sheriff - Coroner's Office Policy Manual Child and Dependent Adult Safety Copyright Lexipol, LLC 2018/03/19, All Rights Reserved. Published with permission by Fresno County Sheriff - Coroner's Office Child and Dependent Adult Safety - 103 Under no circumstances should a child or dependent adult be left unattended or without appropriate care. 340.5 TRAINING The Training Manager is responsible to ensure that all personnel of this office who may be involved in arrests affecting children or dependent adults receive approved POST-approved training on effective safety measures when a parent, guardian or caregiver is arrested (Penal Code § 13517.7). Policy 343 Fresno County Sheriff - Coroner's Office Policy Manual Copyright Lexipol, LLC 2018/03/19, All Rights Reserved. Published with permission by Fresno County Sheriff - Coroner's Office Off-Duty Law Enforcement Actions - 104 Off-Duty Law Enforcement Actions 343.1 PURPOSE AND SCOPE The decision to become involved in a law enforcement action when off-duty can place a deputy as well as others at great risk and must be done with careful consideration. This policy is intended to provide guidelines for deputies of the Fresno County Sheriff - Coroner's Office with respect to taking law enforcement action while off-duty. 343.2 POLICY Initiating law enforcement action while off-duty is generally discouraged. Deputies should not attempt to initiate enforcement action when witnessing minor crimes, such as suspected intoxicated drivers, reckless driving or minor property crimes. Such incidents should be promptly reported to the appropriate law enforcement agency. Deputies are not expected to place themselves in unreasonable peril. However, any sworn member of this office who becomes aware of an incident or circumstance that he/she reasonably believes poses an imminent threat of serious bodily injury or death, or significant property damage may take reasonable action to minimize the threat. When public safety or the prevention of major property damage requires immediate action, deputies should first consider reporting and monitoring the activity and only take direct action as a last resort. 343.3 FIREARMS Deputies of this office may carry firearms while off-duty in accordance with federal regulations and office policy. All firearms and ammunition must meet guidelines as described in the office Firearms Policy. When carrying firearms while off-duty deputies shall also carry their office-issued badge and identification. Deputies should refrain from carrying firearms when the consumption of alcohol is likely or when the need to carry a firearm is outweighed by safety considerations. Firearms shall not be carried by any deputy who has consumed an amount of an alcoholic beverage or taken any drugs or medications or any combination thereof that would tend to adversely affect the deputy’s senses or judgment. 343.4 DECISION TO INTERVENE There is no legal requirement for off-duty deputies to take law enforcement action. However, should deputies decide to intervene, they must evaluate whether the action is necessary or desirable, and should take into consideration the following: (a)The tactical disadvantage of being alone and the fact there may be multiple or hidden suspects. (b)The inability to communicate with responding units. Fresno County Sheriff - Coroner's Office Policy Manual Off-Duty Law Enforcement Actions Copyright Lexipol, LLC 2018/03/19, All Rights Reserved. Published with permission by Fresno County Sheriff - Coroner's Office Off-Duty Law Enforcement Actions - 105 (c)The lack of equipment, such as handcuffs, OC or baton. (d)The lack of cover. (e)The potential for increased risk to bystanders if the off-duty deputy were to intervene. (f)Unfamiliarity with the surroundings. (g)The potential for the off-duty deputy to be misidentified by other peace officers or members of the public. Deputies should consider waiting for on-duty uniformed law enforcement to arrive, and gather as much accurate intelligence as possible instead of immediately intervening. 343.4.1 INTERVENTION PROCEDURE If involvement is reasonably necessary the deputy should attempt to call or have someone else call 9-1-1 to request immediate assistance. The dispatcher should be informed that an off-duty deputy is on-scene and should be provided a description of the deputy if possible. Whenever practicable, the deputy should loudly and repeatedly identify him/herself as an Fresno County Sheriff - Coroner's Office deputy until acknowledged. Official identification should also be displayed. 343.4.2 INCIDENTS OF PERSONAL INTEREST Deputies should refrain from handling incidents of personal interest, (e.g., family or neighbor disputes) and should remain neutral. In such circumstances deputies should call the responsible agency to handle the matter. 343.4.3 NON-SWORN RESPONSIBILITIES Non-sworn personnel should not become involved in any law enforcement actions while off-duty except to notify the local law enforcement authority and remain at the scene, if safe and practicable. 343.4.4 OTHER CONSIDERATIONS When encountering a non-uniformed deputy in public, uniformed deputies should wait for acknowledgement by the non-uniformed deputy in case he/she needs to maintain an undercover capacity. 343.5 REPORTING Any off-duty deputy who engages in any law enforcement activity, regardless of jurisdiction, shall notify the Watch Commander as soon as practicable. The Watch Commander shall determine whether a report should be filed by the employee. Deputies should cooperate fully with the agency having jurisdiction in providing statements or reports as requested or as appropriate. Policy 344 Fresno County Sheriff - Coroner's Office Policy Manual Copyright Lexipol, LLC 2018/03/19, All Rights Reserved. Published with permission by Fresno County Sheriff - Coroner's Office Gun Violence Restraining Orders - 106 Gun Violence Restraining Orders 344.1 PURPOSE AND SCOPE The purpose of this policy is to provide guidelines for petitioning and serving gun violence restraining orders and accounting for the firearms obtained pursuant to those orders. 344.1.1 DEFINITIONS Definitions related to this policy include: Gun violence restraining order - Civil restraining order prohibiting a named person from controlling, owning, purchasing, possessing, receiving or otherwise having custody of any firearms or ammunition (Penal Code § 18100). 344.2 POLICY It is the policy of the Fresno County Sheriff - Coroner's Office to petition and serve gun violence restraining orders in compliance with state law and to properly account for firearms and ammunition obtained by the Office pursuant to such orders. 344.3 GUN VIOLENCE RESTRAINING ORDERS A deputy who reasonably believes a person is a present danger to him/herself or another person by controlling, owning, purchasing, possessing, receiving or otherwise having custody of a firearm may request permission from his/her supervisor to petition the court for a gun violence restraining order. Deputies petitioning the court should use the forms established by the Judicial Council (Penal Code § 18105). The petition should describe the number, types and locations of any firearms and ammunition that the deputy believes to be possessed or controlled by the person (Penal Code § 18107). The petition should also describe why less-restrictive alternatives are ineffective or inadequate for the circumstances (Penal Code § 18125; Penal Code § 18150; Penal Code § 18175). If it is not practical under the circumstances to submit a written petition, a deputy may orally request an order using the procedures for obtaining an oral search warrant and preparing the order using the appropriate Judicial Council form (Penal Code § 18140; Penal Code § 18145). 344.4 SERVICE OF GUN VIOLENCE RESTRAINING ORDERS A deputy serving any gun violence restraining order shall: (a)Request that any firearms or ammunition be immediately surrendered and issue a receipt for the surrendered items (Penal Code § 18120). (b)Take into temporary custody any firearm or other deadly weapon discovered in plain view or pursuant to consent or other lawful search (Penal Code § 18250). (c)Inform the restrained person of any scheduled hearing regarding the order (Penal Code § 18160). Fresno County Sheriff - Coroner's Office Policy Manual Gun Violence Restraining Orders Copyright Lexipol, LLC 2018/03/19, All Rights Reserved. Published with permission by Fresno County Sheriff - Coroner's Office Gun Violence Restraining Orders - 107 (d)Transmit the original proof of service form to the issuing court as soon as practicable but within one business day (Penal Code § 18115). (e)As soon as practicable, but by the end of his/her shift, submit proof of service to the Records Unit Commander for prompt entry into the California Restraining and Protective Order System (Penal Code § 18115). The deputy should also inform the restrained person that he/she is required, within 24 hours, to surrender to a law enforcement agency any other firearms and ammunition he/she owns or that are in his/her custody or control or sell them to a firearms dealer. This notification should be documented. All firearms and ammunition collected shall be handled and booked in accordance with the Property and Evidence Policy. 344.4.1 SERVICE OF ORAL GUN VIOLENCE RESTRAINING ORDERS If a gun violence restraining order is obtained orally, the deputy shall (Penal Code § 18140): (a)Serve the order on the restrained person in the manner outlined above, if the restrained person can reasonably be located. (b)File a copy of the order with the court as soon as practicable after issuance. (c)Ensure the order is provided to the Records Unit for entry into the computer database system for protective and restraining orders maintained by the Department of Justice. 344.5 SEARCH WARRANTS If a person who has been served with a gun violence restraining order refuses to surrender any firearm or ammunition, the deputy should consider whether to seek a search warrant. If a search warrant is to be obtained, the preparation and service of the search warrant shall be done in accordance with the Warrant Service Policy. Additionally, (Penal Code § 1542.5): (a)The deputy serving the warrant shall take custody of any firearm or ammunition that is controlled, possessed or owned by the person who is the subject of the gun violence restraining order, including any discovered pursuant to the warrant, a consensual search or other lawful search. (b)If the location being searched is jointly occupied and the firearm or ammunition is owned by a person other than the restrained person, the firearm or ammunition should not be seized if the following conditions are met: 1.The firearm or ammunition can be stored in a manner that does not allow the restrained person to have control or access. 2.There is no evidence that the owner unlawfully possesses the firearm or ammunition. (c)If a locked gun safe belonging to someone other than the subject of a gun violence restraining order is discovered, the deputy shall not search the contents of the safe unless the owner consents or there is a valid search warrant for the safe. Fresno County Sheriff - Coroner's Office Policy Manual Gun Violence Restraining Orders Copyright Lexipol, LLC 2018/03/19, All Rights Reserved. Published with permission by Fresno County Sheriff - Coroner's Office Gun Violence Restraining Orders - 108 344.6 RECORDS UNIT COMMANDER RESPONSIBILITIES The Records Unit Commander is responsible for ensuring: (a)Proof of service of any gun violence restraining order served by a deputy or received from the clerk of the court is entered in the computer database system for protective and restraining orders maintained by the Department of Justice within one business day of service if served by a deputy, or within one business day of receipt of proof of service if served by a person other than a law enforcement officer (Penal Code § 18115). (b)Oral orders are entered into the California Restraining and Protective Order System (Penal Code § 18140). (c)Copies of receipts of surrendered firearms or ammunition issued by other agencies for gun violence restraining orders issued by the Office are properly maintained (Penal Code § 18120). 344.7 COURT-ORDERED FIREARMS AND AMMUNITION SURRENDERS Authorized members shall accept firearms and ammunition from any individual who is the subject of a gun violence restraining order. The member receiving any firearm or ammunition shall: (a)Record the individual’s name, address and telephone number. (b)Record the serial number of the firearm. (c)Prepare an incident report and property report. (d)Provide a property receipt to the individual who surrendered the firearms and ammunition. (e)Package and submit the firearms and ammunition in accordance with the Property and Evidence Policy. 344.8 RELEASE OF FIREARMS AND AMMUNITION Firearms and ammunition that were taken into temporary custody or surrendered pursuant to a gun violence restraining order shall be returned to the restrained person upon the expiration of the order and in accordance with Penal Code § 18120 and the Property and Evidence Policy. Fresno County Sheriff - Coroner's Office Policy Manual Copyright Lexipol, LLC 2018/03/19, All Rights Reserved. Published with permission by Fresno County Sheriff - Coroner's Office Patrol Operations - 109 Chapter 4 - Patrol Operations Policy 402 Fresno County Sheriff - Coroner's Office Policy Manual Copyright Lexipol, LLC 2018/03/19, All Rights Reserved. Published with permission by Fresno County Sheriff - Coroner's Office Patrol Briefing Training - 110 Patrol Briefing Training 402.1 PURPOSE AND SCOPE Briefing training is generally conducted at the beginning of the deputy’s assigned shift. Briefing provides an opportunity for important exchange between employees and supervisors. A supervisor generally will conduct Briefing; however deputies may conduct Briefing for training purposes with supervisor approval. Briefing should accomplish, at a minimum, the following basic tasks: (a)Briefing deputies with information regarding daily patrol activity, with particular attention given to unusual situations and changes in the status of wanted persons, stolen vehicles, and major investigations (b)Notifying deputies of changes in schedules and assignments (c)Notifying deputies of new Standing Orders or changes in Standing Orders (d)Reviewing recent incidents for training purposes (e)Providing training on a variety of subjects (f)Roll call training bulletins (g)Reviewing crime data 402.2 PREPARATION OF MATERIALS The supervisor conducting Briefing is responsible for preparation of the materials necessary for a constructive briefing. Supervisors may delegate this responsibility to a subordinate deputy in his or her absence or for training purposes. 402.3 RETENTION OF BRIEFING TRAINING RECORDS Briefing training materials and a curriculum or summary shall be forwarded to the Training Unit for inclusion in training records, as appropriate. Policy 404 Fresno County Sheriff - Coroner's Office Policy Manual Copyright Lexipol, LLC 2018/03/19, All Rights Reserved. Published with permission by Fresno County Sheriff - Coroner's Office Special Weapons and Tactics (SWAT) Unit - 111 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 2018/03/19, All Rights Reserved. Published with permission by Fresno County Sheriff - Coroner's Office Special Weapons and Tactics (SWAT) Unit - 112 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 2018/03/19, All Rights Reserved. Published with permission by Fresno County Sheriff - Coroner's Office Special Weapons and Tactics (SWAT) Unit - 113 (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. Fresno County Sheriff - Coroner's Office Policy Manual Special Weapons and Tactics (SWAT) Unit Copyright Lexipol, LLC 2018/03/19, All Rights Reserved. Published with permission by Fresno County Sheriff - Coroner's Office Special Weapons and Tactics (SWAT) Unit - 114 3.Debriefing after every deployment of the SWAT team. (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. Fresno County Sheriff - Coroner's Office Policy Manual Special Weapons and Tactics (SWAT) Unit Copyright Lexipol, LLC 2018/03/19, All Rights Reserved. Published with permission by Fresno County Sheriff - Coroner's Office Special Weapons and Tactics (SWAT) Unit - 115 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. 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. Fresno County Sheriff - Coroner's Office Policy Manual Special Weapons and Tactics (SWAT) Unit Copyright Lexipol, LLC 2018/03/19, All Rights Reserved. Published with permission by Fresno County Sheriff - Coroner's Office Special Weapons and Tactics (SWAT) Unit - 116 404.4.6 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. 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. Fresno County Sheriff - Coroner's Office Policy Manual Special Weapons and Tactics (SWAT) Unit Copyright Lexipol, LLC 2018/03/19, All Rights Reserved. Published with permission by Fresno County Sheriff - Coroner's Office Special Weapons and Tactics (SWAT) Unit - 117 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. (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 Fresno County Sheriff - Coroner's Office Policy Manual Special Weapons and Tactics (SWAT) Unit Copyright Lexipol, LLC 2018/03/19, All Rights Reserved. Published with permission by Fresno County Sheriff - Coroner's Office Special Weapons and Tactics (SWAT) Unit - 118 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. 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 Fresno County Sheriff - Coroner's Office Policy Manual Special Weapons and Tactics (SWAT) Unit Copyright Lexipol, LLC 2018/03/19, All Rights Reserved. Published with permission by Fresno County Sheriff - Coroner's Office Special Weapons and Tactics (SWAT) Unit - 119 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. (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. Fresno County Sheriff - Coroner's Office Policy Manual Special Weapons and Tactics (SWAT) Unit Copyright Lexipol, LLC 2018/03/19, All Rights Reserved. Published with permission by Fresno County Sheriff - Coroner's Office Special Weapons and Tactics (SWAT) Unit - 120 404.9.3 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. (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: Fresno County Sheriff - Coroner's Office Policy Manual Special Weapons and Tactics (SWAT) Unit Copyright Lexipol, LLC 2018/03/19, All Rights Reserved. Published with permission by Fresno County Sheriff - Coroner's Office Special Weapons and Tactics (SWAT) Unit - 121 (a)Establish an inner and outer perimeter. (b)Establish a command post outside of the inner perimeter. (c)Establish an arrest/response team. The team actions may include: 1.Securing any subject or suspect who may surrender. 2.Taking action to mitigate a deadly threat or behavior. (d)Evacuate any injured persons or citizens in the zone of danger. (e)Attempt to establish preliminary communication with the suspect. Once 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 407 Fresno County Sheriff - Coroner's Office Policy Manual Copyright Lexipol, LLC 2018/03/19, All Rights Reserved. Published with permission by Fresno County Sheriff - Coroner's Office Hostage and Barricade Incidents - 122 Hostage and Barricade Incidents 407.1 PURPOSE AND SCOPE The purpose of this policy is to provide guidelines for situations where deputies have legal cause to contact, detain or arrest a person, and the person refuses to submit to the lawful requests of the deputies by remaining in a structure or vehicle and/or by taking a hostage. The scope of this policy is not intended to address all variables that deputies encounter during their initial response or when a hostage or barricade situation has developed. This policy does not require or purport to recommend specific strategies or tactics for resolution as each incident is a dynamic and rapidly evolving event. 407.1.1 DEFINITIONS Definitions related to this policy include: Barricade situation - An incident where a person maintains a position of cover or concealment and ignores or resists law enforcement personnel, and it is reasonable to believe the subject is armed with a dangerous or deadly weapon. Hostage situation - An incident where it is reasonable to believe a person is unlawfully held by a hostage-taker as security so that specified terms or conditions will be met. 407.2 POLICY It is the policy of the Fresno County Sheriff - Coroner's Office to address hostage and barricade situations with due regard for the preservation of life and balancing the risk of injury, while obtaining the safe release of hostages, apprehending offenders and securing available evidence. 407.3 COMMUNICATION When circumstances permit, initial responding deputies should try to establish and maintain lines of communication with a barricaded person or hostage-taker. Deputies should attempt to identify any additional subjects, inquire about victims and injuries, seek the release of hostages, gather intelligence information, identify time-sensitive demands or conditions and obtain the suspect’s surrender. When available, office-authorized negotiators should respond to the scene as soon as practicable and assume communication responsibilities. Negotiators are permitted to exercise flexibility in each situation based upon their training, the circumstances presented, suspect actions or demands and the available resources. 407.3.1 EMERGENCY COMMUNICATIONS Only a deputy who has been designated by the District Attorney or Attorney General may use or authorize the use of an electronic amplifying or recording device to eavesdrop on or record, or both, oral communication in response to an emergency situation involving a hostage or the barricading of a location, and only when (Penal Code § 633.8(b)): Fresno County Sheriff - Coroner's Office Policy Manual Hostage and Barricade Incidents Copyright Lexipol, LLC 2018/03/19, All Rights Reserved. Published with permission by Fresno County Sheriff - Coroner's Office Hostage and Barricade Incidents - 123 (a)The deputy reasonably determines an emergency situation exists that involves the immediate danger of death or serious physical injury to any person within the meaning of 18 USC § 2518(7)(a)(i), (b)The deputy reasonably determines that the emergency situation requires that eavesdropping on oral communication occur immediately, and (c)There are grounds upon which an order could be obtained pursuant to 18 USC § 2516(2). (d)An application for an order approving the eavesdropping and complying with the requirements of Section 629.50 is made within 48 hours of the beginning of the eavesdropping. (e)The contents of any oral communications overheard are recorded on tape or other comparable device. 407.4 FIRST RESPONDER CONSIDERATIONS First responding deputies should promptly and carefully evaluate all available information to determine whether an incident involves, or may later develop into, a hostage or barricade situation. The first responding deputy should immediately request a supervisor’s response as soon as it is determined that a hostage or barricade situation exists. The first responding deputy shall assume the duties of the supervisor until relieved by a supervisor or a more qualified responder. The deputy shall continually evaluate the situation, including the level of risk to deputies, to the persons involved and to bystanders, and the resources currently available. The handling deputy should brief the arriving supervisor of the incident, including information about suspects and victims, the extent of any injuries, additional resources or equipment that may be needed, and current perimeters and evacuation areas. 407.4.1 BARRICADE SITUATION Unless circumstances require otherwise, deputies handling a barricade situation should attempt to avoid a forceful confrontation in favor of stabilizing the incident by establishing and maintaining lines of communication while awaiting the arrival of specialized personnel and trained negotiators. During the interim the following options, while not all-inclusive or in any particular order, should be considered: (a)Ensure injured persons are evacuated from the immediate threat area if it is reasonably safe to do so. Request medical assistance. (b)Assign personnel to a contact team to control the subject should he/she attempt to exit the building, structure or vehicle, and attack, use deadly force, attempt to escape or surrender prior to additional resources arriving. (c)Request additional personnel, resources and equipment as needed (e.g., canine team, air support). Fresno County Sheriff - Coroner's Office Policy Manual Hostage and Barricade Incidents Copyright Lexipol, LLC 2018/03/19, All Rights Reserved. Published with permission by Fresno County Sheriff - Coroner's Office Hostage and Barricade Incidents - 124 (d)Provide responding emergency personnel with a safe arrival route to the location. (e)Evacuate non-injured persons in the immediate threat area if it is reasonably safe to do so. (f)Attempt or obtain a line of communication and gather as much information on the subject as possible, including weapons, other involved parties, additional hazards or injuries. (g)Establish an inner and outer perimeter as circumstances require and resources permit to prevent unauthorized access. (h)Evacuate bystanders, residents and businesses within the inner and then outer perimeter as appropriate. Check for injuries, the presence of other involved subjects, witnesses, evidence or additional information. (i)Determine the need for and notify the appropriate persons within and outside the Office, such as command officers and the Public Information Officer. (j)If necessary and available, establish a tactical or exclusive radio frequency for the incident. (k)Establish a command post. 407.4.2 HOSTAGE SITUATION Deputies presented with a hostage situation should attempt to avoid a forceful confrontation in favor of controlling the incident in anticipation of the arrival of specialized personnel and trained hostage negotiators. However, it is understood that hostage situations are dynamic and can require that deputies react quickly to developing or changing threats. The following options while not all-inclusive or in any particular order, should be considered: (a)Ensure injured persons are evacuated from the immediate threat area if it is reasonably safe to do so. Request medical assistance. (b)Assign personnel to a contact team to control the subject should he/she attempt to exit the building, structure or vehicle, and attack, use deadly force, attempt to escape or surrender prior to additional resources arriving. (c)Establish a rapid response team in the event it becomes necessary to rapidly enter a building, structure or vehicle, such as when the suspect is using deadly force against any hostages (see the Rapid Response and Deployment Policy). (d)Assist hostages or potential hostages to escape if it is reasonably safe to do so. Hostages should be kept separated if practicable pending further interview. (e)Request additional personnel, resources and equipment as needed (e.g., canine team, air support). (f)Provide responding emergency personnel with a safe arrival route to the location. Fresno County Sheriff - Coroner's Office Policy Manual Hostage and Barricade Incidents Copyright Lexipol, LLC 2018/03/19, All Rights Reserved. Published with permission by Fresno County Sheriff - Coroner's Office Hostage and Barricade Incidents - 125 (g)Evacuate non-injured persons in the immediate threat area if it is reasonably safe to do so. (h)Coordinate pursuit or surveillance vehicles and control of travel routes. (i)Attempt or obtain a line of communication and gather as much information about the suspect as possible, including any weapons, victims and their injuries, additional hazards, other involved parties and any other relevant intelligence information. (j)Establish an inner and outer perimeter as resources and circumstances permit to prevent unauthorized access. (k)Evacuate bystanders, residents and businesses within the inner and then outer perimeter as appropriate. Check for injuries, the presence of other involved subjects, witnesses, evidence or additional information. (l)Determine the need for and notify the appropriate persons within and outside the Office, such as command officers and the Public Information Officer. (m)If necessary and available, establish a tactical or exclusive radio frequency for the incident. 407.5 SUPERVISOR RESPONSIBILITIES Upon being notified that a hostage or barricade situation exists, the supervisor should immediately respond to the scene, assess the risk level of the situation, establish a proper chain of command and assume the role of Incident Commander until properly relieved. This includes requesting a SWAT response if appropriate and apprising the SWAT Commander of the circumstances. In addition, the following options should be considered: (a)Ensure injured persons are evacuated and treated by medical personnel. (b)Ensure the completion of necessary first responder responsibilities or assignments. (c)Request crisis negotiators, specialized units, additional personnel, resources or equipment as appropriate. (d)Establish a command post location as resources and circumstances permit. (e)Designate assistants who can help with intelligence information and documentation of the incident. (f)If it is practicable to do so, arrange for video documentation of the operation. (g)Consider contacting utility and communication providers to restrict such services (e.g., restricting electric power, gas, telephone service). 1.When considering restricting communication services, a supervisor should make the determination that there is reason to believe an emergency situation exists involving immediate danger of death or great bodily harm and that an interruption to communication services is necessary to protect public safety. The supervisor must ensure the Office obtains a court order, in accordance with Public Utilities Fresno County Sheriff - Coroner's Office Policy Manual Hostage and Barricade Incidents Copyright Lexipol, LLC 2018/03/19, All Rights Reserved. Published with permission by Fresno County Sheriff - Coroner's Office Hostage and Barricade Incidents - 126 Code section 7908, prior to requesting the interruption. In the case of an extreme emergency when there is insufficient time to obtain an order prior to the request, application for the order must be submitted within six hours after initiating the interruption (Public Utilities Code § 7908). (h)Ensure adequate law enforcement coverage for the remainder of the County during the incident. The supervisor should direct non-essential personnel away from the scene unless they have been summoned by the supervisor or the Communications Center. (i)Identify a media staging area outside the outer perimeter and have the office Public Information Officer or a designated temporary media representative provide media access in accordance with the News Media Relations Policy. (j)Identify the need for mutual aid and the transition or relief of personnel for incidents of extended duration. (k)Debrief personnel and review documentation as appropriate. 407.6 SWAT TEAM RESPONSIBILITIES The Incident Commander will decide, with input from the SWAT Commander, whether to deploy SWAT during a hostage or barricade situation. Once the Incident Commander authorizes deployment, the SWAT Commander or the authorized designee will be responsible for the tactical portion of the operation. The Incident Commander shall continue supervision of the command post operation, outer perimeter security and evacuation, media access and support for SWAT. The Incident Commander and the SWAT Commander or the authorized designee shall maintain communications at all times. 407.7 REPORTING Unless otherwise relieved by a supervisor or Incident Commander, the handling deputy at the scene is responsible for completion and/or coordination of incident reports. Policy 422 Fresno County Sheriff - Coroner's Office Policy Manual Copyright Lexipol, LLC 2018/03/19, All Rights Reserved. Published with permission by Fresno County Sheriff - Coroner's Office Patrol Watch Commanders - 127 Patrol Watch Commanders 422.1 PURPOSE AND SCOPE Each patrol shift must be directed by supervisors who are capable of making decisions and communicating in a manner consistent with office policies, procedures, practices, functions and objectives. To accomplish this goal, a Lieutenant heads each watch. Policy 424 Fresno County Sheriff - Coroner's Office Policy Manual Copyright Lexipol, LLC 2018/03/19, All Rights Reserved. Published with permission by Fresno County Sheriff - Coroner's Office Portable Audio/Video Recorders - 128 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 2018/03/19, All Rights Reserved. Published with permission by Fresno County Sheriff - Coroner's Office Portable Audio/Video Recorders - 129 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. Fresno County Sheriff - Coroner's Office Policy Manual Portable Audio/Video Recorders Copyright Lexipol, LLC 2018/03/19, All Rights Reserved. Published with permission by Fresno County Sheriff - Coroner's Office Portable Audio/Video Recorders - 130 424.5.3 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 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. Fresno County Sheriff - Coroner's Office Policy Manual Portable Audio/Video Recorders Copyright Lexipol, LLC 2018/03/19, All Rights Reserved. Published with permission by Fresno County Sheriff - Coroner's Office Portable Audio/Video Recorders - 131 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. 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. Fresno County Sheriff - Coroner's Office Policy Manual Portable Audio/Video Recorders Copyright Lexipol, LLC 2018/03/19, All Rights Reserved. Published with permission by Fresno County Sheriff - Coroner's Office Portable Audio/Video Recorders - 132 (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. 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. Policy 434 Fresno County Sheriff - Coroner's Office Policy Manual Copyright Lexipol, LLC 2018/03/19, All Rights Reserved. Published with permission by Fresno County Sheriff - Coroner's Office Medical Aid and Response - 133 Medical Aid and Response 434.1 PURPOSE AND SCOPE This policy recognizes that members often encounter persons who appear to be in need of medical aid and establishes a law enforcement response to such situations. 434.2 POLICY It is the policy of the Fresno County Sheriff - Coroner's Office that all deputies and other designated members be trained to provide emergency medical aid and to facilitate an emergency medical response. 434.3 FIRST RESPONDING MEMBER RESPONSIBILITIES Whenever practicable, members should take appropriate steps to provide medical aid (e.g., first aid and CPR) ) in accordance with their training and current certification levels. This should be done for those in need of immediate care and only when the member can safely do so. Prior to initiating medical aid, the member should contact the Communications Center and request response by emergency medical services (EMS) as the member deems appropriate. Members should follow universal precautions when providing medical aid, such as wearing gloves and avoiding contact with bodily fluids, consistent with the Communicable Diseases Policy. Members should use a barrier or bag device to perform rescue breathing. When requesting EMS, the member should provide the Communications Center with information for relay to EMS personnel in order to enable an appropriate response, including: (a)The location where EMS is needed. (b)The nature of the incident. (c)Any known scene hazards. (d)Information on the person in need of EMS, such as: 1.Signs and symptoms as observed by the member. 2.Changes in apparent condition. 3.Number of patients, sex and age, if known. 4.Whether the person is conscious, breathing and alert, or is believed to have consumed drugs or alcohol. 5.Whether the person is showing signs or symptoms of excited delirium or other agitated chaotic behavior. Members should stabilize the scene whenever practicable while awaiting the arrival of EMS. Members should not direct EMS personnel whether to transport the person for treatment. Fresno County Sheriff - Coroner's Office Policy Manual Medical Aid and Response Copyright Lexipol, LLC 2018/03/19, All Rights Reserved. Published with permission by Fresno County Sheriff - Coroner's Office Medical Aid and Response - 134 434.4 TRANSPORTING ILL AND INJURED PERSONS Except in extraordinary cases where alternatives are not reasonably available, members should not transport persons who are unconscious, who have serious injuries or who may be seriously ill. EMS personnel should be called to handle patient transportation. Members should search any person who is in custody before releasing that person to EMS for transport. Members should accompany any person in custody during transport in an ambulance when requested by EMS personnel, when it reasonably appears necessary to provide security, when it is necessary for investigative purposes or when so directed by a supervisor. Members should not provide emergency escort for medical transport or civilian vehicles. 434.5 PERSONS REFUSING EMS CARE If a person who is not in custody refuses EMS care or refuses to be transported to a medical facility, a deputy shall not force that person to receive care or be transported. However, members may assist EMS personnel when EMS personnel determine the person lacks mental capacity to understand the consequences of refusing medical care or to make an informed decision and the lack of immediate medical attention may result in serious bodily injury or the death of the person. In cases where mental illness may be a factor, the deputy should consider proceeding with a 72- hour treatment and evaluation commitment (WIC 5150 commitment) process. If a deputy believes that a person who is in custody requires EMS care and the person refuses, he/ she should encourage the prisoner to receive medical treatment. The deputy may also consider contacting a family member to help persuade the person to agree to treatment or who may be able to authorize treatment for the person. If the person still refuses, the deputy will require the person to be transported to the nearest medical facility. In such cases, the deputy should consult with a supervisor prior to the transport. Members shall not sign refusal-for-treatment forms or forms accepting financial responsibility for treatment. 434.5.1 SICK OR INJURED ARRESTEE If an arrestee appears ill or injured, or claims illness or injury, he/she should be medically cleared prior to booking. If the deputy has reason to believe the arrestee is feigning injury or illness, the deputy should contact a supervisor, who will determine whether medical clearance will be obtained prior to booking. If the jail or detention facility refuses to accept custody of an arrestee based on medical screening, the arrestee has a reported medical condition and is released per PC849(b), or released by citation; the deputy should notify a supervisor and the incident shall be documented in an incident report. Fresno County Sheriff - Coroner's Office Policy Manual Medical Aid and Response Copyright Lexipol, LLC 2018/03/19, All Rights Reserved. Published with permission by Fresno County Sheriff - Coroner's Office Medical Aid and Response - 135 Arrestees who appear to have a serious medical issue should be transported by ambulance. Deputies shall not transport an arrestee to a hospital without a supervisor’s approval. 434.6 MEDICAL ATTENTION RELATED TO USE OF FORCE Specific guidelines for medical attention for injuries sustained from a use of force may be found in the Use of Force, Handcuffing and Restraints, Control Devices and Techniques, Conducted Energy Device, and Jail policies. 434.7 AIR AMBULANCE Generally, when on-scene, EMS personnel will be responsible for determining whether an air ambulance response should be requested. An air ambulance may be appropriate when there are victims with life-threatening injuries or who require specialized treatment (e.g., gunshot wounds, burns, obstetrical cases), and distance or other known delays will affect the EMS response. One office member at the scene may be designated as the air ambulance communications contact. Headlights, spotlights and flashlights should not be aimed upward at the air ambulance. Members should direct vehicle and pedestrian traffic away from the landing zone. Members should follow these cautions when near an air ambulance: •Never approach the aircraft until signaled by the flight crew. •Always approach the aircraft from the front. •Avoid the aircraft’s tail rotor area. •Wear eye protection during landing and take-off. •Do not carry or hold items, such as IV bags, above the head. •Ensure that no one smokes near the aircraft. 434.8 ADMINISTRATION OF EPINEPHRINE AUTO-INJECTORS The Patrol Bureau Commander may authorize the acquisition of epinephrine auto-injectors for use by office members as provided by Health and Safety Code § 1797.197a. The Training Manager shall create and maintain an operations plan for the storage, maintenance, use and disposal of epinephrine auto-injectors as required by Health and Safety Code § 1797.197a(f). Trained members who possess valid certification may administer an epinephrine auto-injector for suspected anaphylaxis (Health and Safety Code § 1797.197a(b); 22 CCR 100019). 434.8.1 EPINEPHRINE USER RESPONSIBILITIES Members should handle, store and administer epinephrine auto-injectors consistent with their training and the Office operations plan. Members should check the auto-injectors at the beginning of their shift to ensure the medication is not expired. Any expired medication should be removed from service in accordance with the Office Operations Plan. Fresno County Sheriff - Coroner's Office Policy Manual Medical Aid and Response Copyright Lexipol, LLC 2018/03/19, All Rights Reserved. Published with permission by Fresno County Sheriff - Coroner's Office Medical Aid and Response - 136 Any member who administers an epinephrine auto-injector medication should contact the Communications Center as soon as possible and request response by EMS (Health and Safety Code § 1797.197a(b)). 434.8.2 EPINEPHRINE AUTO-INJECTOR REPORTING Any member who administers an epinephrine auto-injector should detail its use in an appropriate report. The Training Manager should ensure that the Records Unit Commander is provided enough information for required reporting to the EMS Authority within 30 days after each use (Health and Safety Code § 1797.197a(f)). Records regarding the acquisition and disposition of epinephrine auto-injectors shall be maintained pursuant to the Office established records retention schedule but no less than three years (Business and Professions Code § 4119.4(d)). 434.8.3 EPINEPHRINE AUTO-INJECTOR TRAINING The Training Manager should ensure that members authorized to administer epinephrine auto- injectors are provided with initial and refresher training that meets the requirements of Health and Safety Code § 1797.197a(c) and 22 CCR 100019. 434.9 ADMINISTRATION OF OPIOID MEDICATION Members may administer opioid overdose medication in accordance with protocol specified by the licensed health care provider who prescribed the overdose medication for use by members of this Office (Civil Code § 1714.22). A member approved in the administration of naloxone shall maintain current certification in cardiopulmonary resuscitation (CPR), which shall be at Basic Life Support level and consistent with the American Heart Association. 434.10 OPIOID OVERDOSE MEDICATION USER RESPONSIBILITIES Members who are qualified to administer opioid overdose medication, such as naloxone, should handle, store and administer the medication consistent with their training. Members should check the medication and associated administration equipment at the beginning of their shift to ensure they are serviceable and not expired. Any expired medication or unserviceable administration equipment should be removed from service and given to the Training Unit Manager, designee, or Watch Commander (after hours). Any member who administers an opioid overdose medication should notify their supervisor, contact the Communications Center as soon as possible, and request a response by EMS. Fresno County Sheriff - Coroner's Office Policy Manual Medical Aid and Response Copyright Lexipol, LLC 2018/03/19, All Rights Reserved. Published with permission by Fresno County Sheriff - Coroner's Office Medical Aid and Response - 137 434.11 OPIOID OVERDOSE MEDICATION REPORTING Any member administering opioid overdose medication should document the detail of its use in an appropriate report. The Training Unit Manager will ensure that the Fresno County Department of Public Health is provided enough information to meet applicable state reporting requirements. 434.12 OPIOID OVERDOSE MEDICATION TRAINING The Training Unit Manager should ensure training is provided to members authorized to administer opioid overdose medication. Training should be coordinated with the Fresno County Department of Public Health (Civil Code § 1714.22) and Health and Safety Code, Division 2.5, California Code of Regulations (Title 22, Division 9, Chapter 1.5). Training shall be done as outlined in California Code of Regulations, Title 22, Division 9, Chapter 1.5. First Aid and CPR Standards and Training for Public Safety Personnel, including the optional skills administration of naloxone for suspected narcotic overdose. The Training Unit Manager or designee shall be responsible for the following: (a)Issue nasal naloxone to office members. (b)Ensuring the nasal naloxone is current and not expired. (c)Replacement of any nasal naloxone that is damaged, unusable, expired or deployed. (d)Ensuring all personnel that will be using nasal naloxone has received appropriate training. (e)Replacing the nasal naloxone and ensuring that there is an adequate supply available for use. (f)Keep record of all documented use and forward the appropriate medication administration form to the Central California Emergency Medical Services Agency (CCEMSA). 434.13 NALOXONE EQUIPMENT Members are expected to store nasal naloxone in the office issued plastic case. Members should carry the plastic case in the office issued carrying pouch unless it is impracticable to do so (i.e. member wishes to carry the nasal applicator case in a uniform shirt pocket or cargo pants pocket). Members should avoid exposing nasal naloxone to direct sunlight or inclement temperatures. Optimal storage temperature for nasal naloxone is between 59 and 86 degrees Fahrenheit (The Bureau of Justice Assistance (BJA) National Training and Technical Assistance Center (NTTAC)). Fresno County Sheriff - Coroner's Office Policy Manual Medical Aid and Response Copyright Lexipol, LLC 2018/03/19, All Rights Reserved. Published with permission by Fresno County Sheriff - Coroner's Office Medical Aid and Response - 138 434.14 AUTOMATED EXTERNAL DEFIBRILLATOR (AED) A member may use an AED only after receiving appropriate training and passing a written and skills examination (22 CCR 100020). The Operations Support Bureau Commander or designee shall ensure written procedures for the use of AEDs supplemental to this policy are established to comply with 22 CCR 100020. 434.14.1 AED REPORTING Any member using an AED will complete an incident report detailing its use. The Office shall collect and report AED data annually to the local EMS agency as required by 22 CCR 100021. 434.14.2 AED TRAINING AND MAINTENANCE The Training Manager or designee should ensure appropriate training and refresher training is provided to members authorized to use an AED. A list of authorized members and training records shall be made available for inspection by the local EMS agency upon request (22 CCR 100021; 22 CCR 100024). The Training Manager or designee is responsible for ensuring AED devices are appropriately maintained and will retain records of all maintenance in accordance with the established records retention schedule (22 CCR 100021). 434.14.3 AED USER RESPONSIBILITY Members who are issued AEDs for use in Office vehicles should check the AED at the beginning of the shift to ensure it is properly charged and functioning. Any AED that is not functioning properly will be taken out of service and given to the Training Manager or designee who is responsible for ensuring appropriate maintenance. Following use of an AED, the device shall be cleaned and/or decontaminated as required. The electrodes and/or pads will be replaced as recommended by the AED manufacturer. Any enforcement member who uses an AED should contact the Communications Center as soon as possible and request response by EMS. All correctional members using AED’s shall abide by their training regarding AED’s. The AED’s in the jail are maintained by the medical contract provider and may be utilized by any trained staff in the jail. Fresno County Sheriff - Coroner's Office Policy Manual Copyright Lexipol, LLC 2018/03/19, All Rights Reserved. Published with permission by Fresno County Sheriff - Coroner's Office Traffic Operations - 139 Chapter 5 - Traffic Operations Policy 504 Fresno County Sheriff - Coroner's Office Policy Manual Copyright Lexipol, LLC 2018/03/19, All Rights Reserved. Published with permission by Fresno County Sheriff - Coroner's Office Traffic Citations - 140 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 2018/03/19, All Rights Reserved. Published with permission by Fresno County Sheriff - Coroner's Office Investigation Operations - 141 Chapter 6 - Investigation Operations Policy 600 Fresno County Sheriff - Coroner's Office Policy Manual Copyright Lexipol, LLC 2018/03/19, All Rights Reserved. Published with permission by Fresno County Sheriff - Coroner's Office Investigation and Prosecution - 142 Investigation and Prosecution 600.1 PURPOSE AND SCOPE The purpose of this policy is to set guidelines and requirements pertaining to the handling and disposition of criminal investigations. 600.2 POLICY It is the policy of the Fresno County Sheriff - Coroner's Office to investigate crimes thoroughly and with due diligence, and to evaluate and prepare criminal cases for appropriate clearance or submission to a prosecutor. 600.3 INITIAL INVESTIGATION 600.3.1 DEPUTY RESPONSIBILITIES A deputy responsible for an initial investigation shall complete no less than the following: (a)Make a preliminary determination of whether a crime has been committed by completing, at a minimum: 1.An initial statement from any witnesses or complainants. 2.A cursory examination for evidence. (b)If information indicates a crime has occurred, the deputy shall: 1.Preserve the scene and any evidence as required to complete the initial and follow-up investigation. 2.Determine if additional investigative resources (e.g., investigators or scene processing) are necessary and request assistance as required. 3.If assistance is warranted, or if the incident is not routine, notify a supervisor or the Watch Commander. 4.Make reasonable attempts to locate, identify and interview all available victims, complainants, witnesses and suspects. 5.Collect any evidence. 6.Take any appropriate law enforcement action. 7.Complete and submit the appropriate reports and documentation. (c)If the preliminary determination is that no crime occurred, determine what other action may be necessary, what other resources may be available, and advise the informant or complainant of this information. 600.3.2 NON-SWORN MEMBER RESPONSIBILITIES A non-sworn member assigned to any preliminary investigation is responsible for all investigative steps, except making any attempt to locate, contact or interview a suspect face-to-face or take Fresno County Sheriff - Coroner's Office Policy Manual Investigation and Prosecution Copyright Lexipol, LLC 2018/03/19, All Rights Reserved. Published with permission by Fresno County Sheriff - Coroner's Office Investigation and Prosecution - 143 any enforcement action. Should an initial investigation indicate that those steps are required, the assistance of a deputy shall be requested. 600.4 CUSTODIAL INTERROGATION REQUIREMENTS Suspects who are in custody and subjected to an interrogation shall be given the Miranda warning, unless an exception applies. Interview or interrogation of a juvenile shall be in accordance with the Temporary Custody of Juveniles Policy. 600.4.1 AUDIO/VIDEO RECORDINGS Any custodial interrogation of an individual who is suspected of having committed any violent felony offense should be recorded (audio or video with audio as available) in its entirety. Regardless of where the interrogation occurs, every reasonable effort should be made to secure functional recording equipment to accomplish such recordings. Consideration should also be given to recording a custodial interrogation, or any investigative interview, for any other offense when it is reasonable to believe it would be appropriate and beneficial to the investigation and is otherwise allowed by law. No recording of a custodial interrogation should be destroyed or altered without written authorization from the prosecuting attorney and the Detective Bureau supervisor. Copies of recorded interrogations or interviews may be made in the same or a different format as the original recording, provided the copies are true, accurate and complete and are made only for authorized and legitimate law enforcement purposes. Recordings should not take the place of a thorough report and investigative interviews. Written statements from suspects should continue to be obtained when applicable. 600.4.2 MANDATORY RECORDING OF ADULTS Any custodial interrogation of an adult who is suspected of having committed any murder shall be recorded in its entirety. The recording should be video with audio if reasonably feasible (Penal Code § 859.5). This recording is not mandatory when (Penal Code § 859.5): (a)Recording is not feasible because of exigent circumstances that are later documented in a report. (b)The suspect refuses to have the interrogation recorded, including a refusal any time during the interrogation, and the refusal is documented in a report. If feasible, the refusal shall be electronically recorded. (c)The custodial interrogation occurred in another state by law enforcement officers of that state, unless the interrogation was conducted with the intent to avoid the requirements of Penal Code § 859.5. (d)The interrogation occurs when no member conducting the interrogation has a reason to believe that the individual may have committed murder. Continued custodial interrogation concerning that offense shall be electronically recorded if the interrogating member develops a reason to believe the individual committed murder. Fresno County Sheriff - Coroner's Office Policy Manual Investigation and Prosecution Copyright Lexipol, LLC 2018/03/19, All Rights Reserved. Published with permission by Fresno County Sheriff - Coroner's Office Investigation and Prosecution - 144 (e)The interrogation would disclose the identity of a confidential informant or would jeopardize the safety of a deputy, the individual being interrogated or another individual. Such circumstances shall be documented in a report. (f)A recording device fails despite reasonable maintenance and the timely repair or replacement is not feasible. (g)The questions are part of a routine processing or booking, and are not an interrogation. (h)The suspect is in custody for murder and the interrogation is unrelated to a murder. However, if any information concerning a murder is mentioned during the interrogation, the remainder of the interrogation shall be recorded. The Office shall maintain an original or an exact copy of the recording until a conviction relating to the interrogation is final and all appeals are exhausted or prosecution is barred by law (Penal Code § 859.5). 600.5 DISCONTINUATION OF INVESTIGATIONS The investigation of a criminal case or efforts to seek prosecution should only be discontinued if one of the following applies: (a)All reasonable investigative efforts have been exhausted, no reasonable belief that the person who committed the crime can be identified, and the incident has been documented appropriately. (b)The perpetrator of a misdemeanor has been identified and a warning is the most appropriate disposition. 1.In these cases, the investigator shall document that the person was warned and why prosecution was not sought. 2.Warnings shall not be given for felony offenses or other offenses identified in this policy or by law that require an arrest or submission of a case to a prosecutor. (c)The case has been submitted to the appropriate prosecutor but no charges have been filed. Further investigation is not reasonable nor has the prosecutor requested further investigation. (d)The case has been submitted to the appropriate prosecutor, charges have been filed, and further investigation is not reasonable, warranted or requested, and there is no need to take the suspect into custody. (e)Suspects have been arrested, there are no other suspects, and further investigation is either not warranted or requested. (f)Investigation has proven that a crime was not committed (see the Sexual Assault Investigations Policy for special considerations in these cases). The Domestic Violence, Child Abuse Sexual Assault Investigations and Adult Abuse policies may also require an arrest or submittal of a case to a prosecutor. Fresno County Sheriff - Coroner's Office Policy Manual Investigation and Prosecution Copyright Lexipol, LLC 2018/03/19, All Rights Reserved. Published with permission by Fresno County Sheriff - Coroner's Office Investigation and Prosecution - 145 600.6 COMPUTERS AND DIGITAL EVIDENCE The collection, preservation, transportation and storage of computers, cell phones and other digital devices may require specialized handling to preserve the value of the related evidence. If it is anticipated that computers or similar equipment will be seized, deputies should request that computer forensic examiners assist with seizing computers and related evidence. If a forensic examiner is unavailable, deputies should take reasonable steps to prepare for such seizure and use the resources that are available. 600.7 INVESTIGATIVE USE OF SOCIAL MEDIA AND INTERNET SOURCES Use of social media and any other Internet source to access information for the purpose of criminal investigation shall comply with applicable laws and policies regarding privacy, civil rights and civil liberties. Information gathered via the Internet should only be accessed by members while on-duty and for purposes related to the mission of this office. If a member encounters information relevant to a criminal investigation while off-duty or while using his/her own equipment, the member should note the dates, times and locations of the information and report the discovery to his/her supervisor as soon as practicable. The member, or others who have been assigned to do so, should attempt to replicate the finding when on-duty and using office equipment. Information obtained via the Internet should not be archived or stored in any manner other than office-established record keeping systems (see the Records Maintenance and Release and the Criminal Organizations policies). 600.7.1 ACCESS RESTRICTIONS Information that can be accessed from any office computer, without the need of an account, password, email address, alias or other identifier (unrestricted websites), may be accessed and used for legitimate investigative purposes without supervisory approval. Accessing information from any Internet source that requires the use or creation of an account, password, email address, alias or other identifier, or the use of nongovernment IP addresses, requires supervisor approval prior to access. The supervisor will review the justification for accessing the information and consult with legal counsel as necessary to identify any policy or legal restrictions. Any such access and the supervisor approval shall be documented in the related investigative report. Accessing information that requires the use of a third party’s account or online identifier requires supervisor approval and the consent of the third party. The consent must be voluntary and shall be documented in the related investigative report. Information gathered from any Internet source should be evaluated for its validity, authenticity, accuracy and reliability. Corroborative evidence should be sought and documented in the related investigative report. Any information collected in furtherance of an investigation through an Internet source should be documented in the related report. Documentation should include the source of information and the dates and times that the information was gathered. Fresno County Sheriff - Coroner's Office Policy Manual Investigation and Prosecution Copyright Lexipol, LLC 2018/03/19, All Rights Reserved. Published with permission by Fresno County Sheriff - Coroner's Office Investigation and Prosecution - 146 600.7.2 INTERCEPTING ELECTRONIC COMMUNICATION Intercepting social media communications in real time may be subject to federal and state wiretap laws. Deputies should seek legal counsel before any such interception. 600.8 MODIFICATION OF CHARGES FILED Members are not authorized to recommend to the prosecutor or to any other official of the court that charges on a pending case be amended or dismissed without the authorization of a Bureau Commander or the Sheriff. Any authorized request to modify the charges or to recommend dismissal of charges shall be made to the prosecutor. Policy 603 Fresno County Sheriff - Coroner's Office Policy Manual Copyright Lexipol, LLC 2018/03/19, All Rights Reserved. Published with permission by Fresno County Sheriff - Coroner's Office Informants - 147 Informants 603.1 PURPOSE AND SCOPE The purpose of this policy is to provide guidelines for the use of informants. 603.1.1 DEFINITIONS Definitions related to this policy include: Informant - A person who covertly interacts with other individuals or suspects at the direction of, request of, or by agreement with the Fresno County Sheriff - Coroner's Office for law enforcement purposes. This also includes a person agreeing to supply information to the Fresno County Sheriff - Coroner's Office for a benefit (e.g., a quid pro quo in the form of a reduced criminal penalty, money). 603.2 POLICY The Fresno County Sheriff - Coroner's Office recognizes the value of informants to law enforcement efforts and will strive to protect the integrity of the informant process. It is the policy of this office that all funds related to informant payments will be routinely audited and that payments to informants will be made according to the criteria outlined in this policy. 603.3 USE OF INFORMANTS 603.3.1 INITIAL APPROVAL Before using an individual as an informant, a deputy must receive approval from his/her supervisor. The deputy shall compile sufficient information through a background investigation and experience with the informant in order to determine the suitability of the individual, including age, maturity and risk of physical harm, as well as any indicators of his/her reliability and credibility. Members of this office should not guarantee absolute safety or confidentiality to an informant. 603.3.2 JUVENILE INFORMANTS The use of informants under the age of 13 is prohibited. Except for the enforcement of laws related to the commercial sale of alcohol or tobacco products the use of any juvenile 13 years of age or older as an informant is only permitted when authorized by court order (Penal Code § 701.5). In all cases, a juvenile 13 years of age or older may only be used as an informant with the written consent of each of the following: (a)The juvenile’s parents or legal guardians (b)The juvenile’s attorney, if any (c)The court in which the juvenile’s case is being handled, if applicable (d)The Sheriff or the authorized designee Fresno County Sheriff - Coroner's Office Policy Manual Informants Copyright Lexipol, LLC 2018/03/19, All Rights Reserved. Published with permission by Fresno County Sheriff - Coroner's Office Informants - 148 603.3.3 INFORMANT AGREEMENTS All informants are required to sign and abide by the provisions of the designated office informant agreement. The deputy using the informant shall discuss each of the provisions of the agreement with the informant. Details of the agreement are to be approved in writing by a supervisor before being finalized with the informant. 603.4 INFORMANT INTEGRITY To maintain the integrity of the informant process, the following must be adhered to: (a)The identity of an informant acting in a confidential capacity shall not be withheld from the Sheriff, Bureau Commander, Unit Commander or their authorized designees. 1.Identities of informants acting in a confidential capacity shall otherwise be kept confidential. (b)Criminal activity by informants shall not be condoned. (c)Informants shall be told they are not acting as sheriff deputies, employees or agents of the Fresno County Sheriff - Coroner's Office, and that they shall not represent themselves as such. (d)The relationship between office members and informants shall always be ethical and professional. 1.Members shall not become intimately involved with an informant. 2.Social contact shall be avoided unless it is necessary to conduct an official investigation, and only with prior approval of the Unit supervisor. 3.Members shall neither solicit nor accept gratuities or engage in any private business transaction with an informant. (e)Deputies shall not meet with informants unless accompanied by at least one additional deputy or with prior approval of the Unit supervisor. (f)When contacting informants for the purpose of making payments, deputies shall have another deputy present. (g)In all instances when office funds are paid to informants, a voucher shall be completed in advance, itemizing the expenses. (h)Since the decision rests with the appropriate prosecutor, deputies shall not promise that the informant will receive any form of leniency or immunity from criminal prosecution. 603.4.1 UNSUITABLE INFORMANTS The suitability of any informant should be considered before engaging him/her in any way in a covert or other investigative process. Members who become aware that an informant may be unsuitable will notify the supervisor, who will initiate a review to determine suitability. Until a determination has been made by a supervisor, the informant should not be used by any member. The supervisor shall determine whether the informant should be used by the Office and, if so, what Fresno County Sheriff - Coroner's Office Policy Manual Informants Copyright Lexipol, LLC 2018/03/19, All Rights Reserved. Published with permission by Fresno County Sheriff - Coroner's Office Informants - 149 conditions will be placed on his/her participation or any information the informant provides. The supervisor shall document the decision and conditions in file notes and mark the file “unsuitable” when appropriate. Considerations for determining whether an informant is unsuitable include, but are not limited to, the following: (a)The informant has provided untruthful or unreliable information in the past. (b)The informant behaves in a way that may endanger the safety of a deputy. (c)The informant reveals to suspects the identity of a deputy or the existence of an investigation. (d)The informant appears to be using his/her affiliation with this office to further criminal objectives. (e)The informant creates officer-safety issues by providing information to multiple law enforcement agencies simultaneously, without prior notification and approval of each agency. (f)The informant engages in any other behavior that could jeopardize the safety of deputies or the integrity of a criminal investigation. (g)The informant commits criminal acts subsequent to entering into an informant agreement. 603.5 INFORMANT FILES Informant files shall be utilized as a source of background information about the informant, to enable review and evaluation of information provided by the informant, and to minimize incidents that could be used to question the integrity of office members or the reliability of the informant. Informant files shall be maintained in a secure area within the appropriate unit. The Unit Commander or the authorized designee shall be responsible for maintaining informant files. Access to the informant files shall be restricted to the Sheriff, Bureau Commander, Unit Commander or their authorized designees. The Bureau Commander should arrange for an audit using a representative sample of randomly selected informant files on a periodic basis, but no less than one time per year. If the Unit Commander or supervisor is replaced, the files will be audited before the new supervisor takes over management of the files. The purpose of the audit is to ensure compliance with file content and updating provisions of this policy. The audit should be conducted by a supervisor who does not have normal access to the informant files. 603.5.1 FILE SYSTEM PROCEDURE A separate file shall be maintained on each informant and shall be coded with an assigned informant control number. An informant history that includes the following information shall be prepared for each file: (a)Name and aliases Fresno County Sheriff - Coroner's Office Policy Manual Informants Copyright Lexipol, LLC 2018/03/19, All Rights Reserved. Published with permission by Fresno County Sheriff - Coroner's Office Informants - 150 (b)Date of birth (c)Physical description: sex, race, height, weight, hair color, eye color, scars, tattoos or other distinguishing features (d)Photograph (e)Current home address and telephone numbers (f)Current employers, positions, addresses and telephone numbers (g)Vehicles owned and registration information (h)Places frequented (i)Briefs of information provided by the informant and his/her subsequent reliability 1.If an informant is determined to be unsuitable, the informant's file is to be marked "unsuitable" and notations included detailing the issues that caused this classification. (j)Name of the deputy initiating use of the informant (k)Signed informant agreement (l)Update on active or inactive status of informant 603.6 INFORMANT PAYMENTS No informant will be told in advance or given an exact amount or percentage for his/her service. The amount of funds to be paid to any informant will be evaluated against the following criteria: •The extent of the informant's personal involvement in the case •The significance, value or effect on crime •The value of assets seized •The quantity of the drugs or other contraband seized •The informant’s previous criminal activity •The level of risk taken by the informant The Unit supervisor will discuss the above factors with the Bureau Commander and recommend the type and level of payment subject to approval by the Sheriff. 603.6.1 PAYMENT PROCESS Approved payments to an informant should be in cash using the following process: (a)Payments will be paid in cash from a unit buy/expense fund. 1.The Unit supervisor shall sign the voucher for cash payouts from the buy/ expense fund. (b)To complete the payment process for any amount, the deputy delivering the payment shall complete a voucher form. 1.The voucher form shall include the following: Fresno County Sheriff - Coroner's Office Policy Manual Informants Copyright Lexipol, LLC 2018/03/19, All Rights Reserved. Published with permission by Fresno County Sheriff - Coroner's Office Informants - 151 (a)Date (b)Payment amount (c)Fresno County Sheriff - Coroner's Office case number (d)A statement that the informant is receiving funds in payment for information voluntarily rendered. 2.The voucher form shall be signed by the informant. 3.The voucher form will be kept in the informant's file. 603.6.2 REPORTING OF PAYMENTS Each informant receiving a cash payment shall be advised of his/her responsibility to report the cash to the Internal Revenue Service (IRS) as income. If funds distributed exceed $600 in any reporting year, the informant should be provided IRS Form 1099 (26 CFR 1.6041-1). If such documentation or reporting may reveal the identity of the informant and by doing so jeopardize any investigation, the safety of deputies or the safety of the informant (26 CFR 1.6041-3), then IRS Form 1099 should not be issued. In such cases, the informant shall be provided a letter identifying the amount he/she must report on a tax return as “other income” and shall be required to provide a signed acknowledgement of receipt of the letter. The completed acknowledgement form and a copy of the letter shall be retained in the informant’s file. 603.6.3 AUDIT OF PAYMENTS The Bureau Commander or the authorized designee shall be responsible for compliance with any audit requirements associated with grant provisions and applicable state and federal law. At least once every six months, the Sheriff or the authorized designee should conduct an audit of all informant funds for the purpose of accountability and security of the funds. The funds and related documents (e.g., buy/expense fund records, cash transfer forms, invoices, receipts and logs) will assist with the audit process. Fresno County Sheriff - Coroner's Office Policy Manual Copyright Lexipol, LLC 2018/03/19, All Rights Reserved. Published with permission by Fresno County Sheriff - Coroner's Office Equipment - 152 Chapter 7 - Equipment Policy 704 Fresno County Sheriff - Coroner's Office Policy Manual Copyright Lexipol, LLC 2018/03/19, All Rights Reserved. Published with permission by Fresno County Sheriff - Coroner's Office Cash Handling, Security and Management - 153 Cash Handling, Security and Management 704.1 PURPOSE AND SCOPE This policy provides guidelines to ensure office members handle cash appropriately in the performance of their duties. This policy does not address cash-handling issues specific to the Property and Evidence and Informants policies. 704.2 POLICY It is the policy of the Fresno County Sheriff - Coroner's Office to properly handle and document cash transactions and to maintain accurate records of cash transactions in order to protect the integrity of office operations and ensure the public trust. 704.3 PETTY CASH FUNDS The Sheriff shall designate a person as the fund manager responsible for maintaining and managing the petty cash fund. Each petty cash fund requires the creation and maintenance of an accurate and current transaction ledger and the filing of invoices, receipts, cash transfer forms and expense reports by the fund manager. 704.4 PETTY CASH TRANSACTIONS The fund manager shall document all transactions on the ledger and any other appropriate forms. Each person participating in the transaction shall sign or otherwise validate the ledger, attesting to the accuracy of the entry. Transactions should include the filing of an appropriate receipt, invoice or cash transfer form. Transactions that are not documented by a receipt, invoice or cash transfer form require an expense report. 704.5 PETTY CASH AUDITS The fund manager shall perform an audit no less than once every six months. This audit requires that the fund manager and at least one command staff member, selected by the Sheriff, review the transaction ledger and verify the accuracy of the accounting. The fund manager and the participating member shall sign or otherwise validate the ledger attesting to the accuracy of all documentation and fund accounting. A discrepancy in the audit requires documentation by those performing the audit and an immediate reporting of the discrepancy to the Sheriff. Transference of fund management to another member shall require a separate petty cash audit and involve a command staff member. A separate audit of each petty cash fund should be completed on a random date, approximately once each year by the Sheriff or the County. Fresno County Sheriff - Coroner's Office Policy Manual Cash Handling, Security and Management Copyright Lexipol, LLC 2018/03/19, All Rights Reserved. Published with permission by Fresno County Sheriff - Coroner's Office Cash Handling, Security and Management - 154 704.6 ROUTINE CASH HANDLING Those who handle cash as part of their property or Narcotics/Vice Unit supervisor duties shall discharge those duties in accordance with the Property and Evidence and Informants policies. Members who routinely accept payment for office services shall discharge those duties in accordance with the procedures established for those tasks. 704.7 OTHER CASH HANDLING Members of the Office who, within the course of their duties, are in possession of cash that is not their property or that is outside their defined cash-handling responsibilities shall, as soon as practicable, verify the amount, summon another member to verify their accounting, and process the cash for safekeeping or as evidence or found property, in accordance with the Property and Evidence Policy. Cash in excess of $1,000 requires immediate notification of a supervisor, special handling, verification and accounting by the supervisor. Each member involved in this process shall complete an appropriate report or record entry. Fresno County Sheriff - Coroner's Office Policy Manual Copyright Lexipol, LLC 2018/03/19, All Rights Reserved. Published with permission by Fresno County Sheriff - Coroner's Office Personnel - 155 Chapter 10 - Personnel Policy 1001 Fresno County Sheriff - Coroner's Office Policy Manual Copyright Lexipol, LLC 2018/03/19, All Rights Reserved. Published with permission by Fresno County Sheriff - Coroner's Office Evaluation of Employees - 156 Evaluation of Employees 1001.1 PURPOSE AND SCOPE The office's employee performance evaluation system is designed to record work performance for both the Office and the employee, providing recognition for good work and developing a guide for improvement. 1001.2 POLICY The Fresno County Sheriff - Coroner's Office utilizes a performance evaluation report to measure performance and to use as a factor in making personnel decisions that relate to merit increases, promotion, reassignment, discipline, demotion and termination. The evaluation report is intended to serve as a guide for work planning and review by the supervisor and employee. It gives supervisors a way to create an objective history of work performance based on job standards. The Office evaluates employees in a non-discriminatory manner based upon job-related factors specific to the employee’s position, without regard to sex, race, color, national origin, religion, age, disability or other protected classes. 1001.3 EVALUATION PROCESS Evaluation reports will cover a specific period of time and should be based on documented performance during that period. Evaluation reports will be completed by each employee’s immediate supervisor. Other supervisors directly familiar with the employee’s performance during the rating period should be consulted by the immediate supervisor for their input. All sworn and non-sworn supervisory personnel shall attend an approved supervisory course that includes training on the completion of performance evaluations within one year of the supervisory appointment. Each supervisor should discuss the tasks of the position, standards of performance expected and the evaluation criteria with each employee at the beginning of the rating period. Supervisors should document this discussion in the prescribed manner. Assessment of an employee’s job performance is an ongoing process. Continued coaching and feedback provides supervisors and employees with opportunities to correct performance issues as they arise. Non-probationary employees demonstrating substandard performance shall be notified of such performance as soon as possible in order to have an opportunity to remediate the issues. Such notification should occur at the earliest opportunity. Employees who disagree with their evaluation and who desire to provide a formal response or a rebuttal may do so in writing in the prescribed format and time period (Fresno County Personnel Rule 13). Fresno County Sheriff - Coroner's Office Policy Manual Evaluation of Employees Copyright Lexipol, LLC 2018/03/19, All Rights Reserved. Published with permission by Fresno County Sheriff - Coroner's Office Evaluation of Employees - 157 1001.4 FULL TIME PROBATIONARY PERSONNEL All full-time personnel are on probation for 12 months before being eligible for certification as permanent employees. An evaluation is completed monthly for all full-time non-sworn personnel during the probationary period. 1001.5 FULL-TIME PERMANENT STATUS PERSONNEL Permanent employees are subject to three types of performance evaluations: An Employee Performance Evaluation shall be completed once each year by the employee's immediate supervisor on the anniversary of the employee’s date of hire except for employees who have been promoted in which case an Employee Performance Evaluation shall be completed on the anniversary of the employee’s date of last promotion. If an employee is transferred from one assignment to another in the middle of an evaluation period and less than six months have transpired since the transfer, then an evaluation shall be completed by the current supervisor with input from the previous supervisor. An evaluation may be completed any time the rater and the rater's supervisor feel one is necessary due to employee performance that is deemed less than standard. Generally, the special evaluation will be the tool used to demonstrate those areas of performance deemed less than standard when follow-up action is planned (performance improvement plan, remedial training, retraining, etc.). The evaluation form and the attached documentation shall be submitted as one package. 1001.5.1 RATINGS When completing the Employee Performance Evaluation, the rater will place a check mark in the column that best describes the employee's performance. The definition of each rating category is as follows: Exceeds Satisfactory- The employee is consistently exceeding office standards required for the position. Satisfactory - The employee is consistently meeting the standards required for the position. Improvement Needed - The employee is not fully meeting office standards required for the position. Unsatisfactory - The employee is failing to meet office standards for the position. Space for written comments is provided at the end of the evaluation in the rater comments section. This section allows the rater to document the employee's strengths, weaknesses, and suggestions for improvement. Any rating under any job dimension marked improvement needed, unsatisfactory or exceeds satisfactory shall be substantiated in the rater comments section. 1001.6 EVALUATION INTERVIEW When the supervisor has completed the preliminary evaluation, arrangements shall be made for a private discussion of the evaluation with the employee. The supervisor should discuss the results of the just completed rating period and clarify any questions the employee may Fresno County Sheriff - Coroner's Office Policy Manual Evaluation of Employees Copyright Lexipol, LLC 2018/03/19, All Rights Reserved. Published with permission by Fresno County Sheriff - Coroner's Office Evaluation of Employees - 158 have. If the employee has valid and reasonable protests of any of the ratings, the supervisor may make appropriate changes to the evaluation. Areas needing improvement and goals for reaching the expected level of performance should be identified and discussed. The supervisor should also provide relevant counseling regarding advancement, specialty positions and training opportunities. The supervisor and employee will sign and date the evaluation. Permanent employees may also write comments in the Employee Comments section of the performance evaluation report. 1001.6.1 DISCRIMINATORY HARASSMENT FORM At the time of each employee’s annual evaluation, the reviewing supervisor shall require the employee to read the County and Office harassment and discrimination policies. Following such policy review, the supervisor shall provide the employee a form to be completed and returned by the employee certifying that the employee has read and understands the harassment and discrimination policies. 1001.7 EVALUATION REVIEW After the supervisor finishes the discussion with the employee, the signed performance evaluation is forwarded to the rater's supervisor (Bureau Commander). The Bureau Commander shall review the evaluation for fairness, impartiality, uniformity, and consistency. The Bureau Commander shall evaluate the supervisor on the quality of ratings given. 1001.8 EVALUATION DISTRIBUTION The original performance evaluation shall be maintained in the employee's personnel file in the office of the Sheriff for the tenure of the employee's employment. A copy will be given to the employee. Policy 1004 Fresno County Sheriff - Coroner's Office Policy Manual Copyright Lexipol, LLC 2018/03/19, All Rights Reserved. Published with permission by Fresno County Sheriff - Coroner's Office Anti-Retaliation - 159 Anti-Retaliation 1004.1 PURPOSE AND SCOPE This policy prohibits retaliation against members who identify workplace issues, such as fraud, waste, abuse of authority, gross mismanagement or any inappropriate conduct or practices, including violations that may pose a threat to the health, safety or well-being of members. This policy does not prohibit actions taken for nondiscriminatory or non-retaliatory reasons, such as discipline for cause. These guidelines are intended to supplement and not limit members’ access to other applicable remedies. Nothing in this policy shall diminish the rights or remedies of a member pursuant to any applicable federal law, provision of the U.S. Constitution, law, ordinance or memorandum of understanding. 1004.2 POLICY The Fresno County Sheriff - Coroner's Office has a zero tolerance for retaliation and is committed to taking reasonable steps to protect from retaliation members who, in good faith, engage in permitted behavior or who report or participate in the reporting or investigation of workplace issues. All complaints of retaliation will be taken seriously and will be promptly and appropriately investigated. 1004.3 RETALIATION PROHIBITED No member may retaliate against any person for engaging in lawful or otherwise permitted behavior; for opposing a practice believed to be unlawful, unethical, discriminatory or retaliatory; for reporting or making a complaint under this policy; or for participating in any investigation related to a complaint under this or any other policy. Retaliation includes any adverse action or conduct, including but not limited to: •Refusing to hire or denying a promotion. •Extending the probationary period. •Unjustified reassignment of duties or change of work schedule. •Real or implied threats or other forms of intimidation to dissuade the reporting of wrongdoing or filing of a complaint, or as a consequence of having reported or participated in protected activity. •Taking unwarranted disciplinary action. •Spreading rumors about the person filing the complaint or about the alleged wrongdoing. •Shunning or unreasonably avoiding a person because he/she has engaged in protected activity. Fresno County Sheriff - Coroner's Office Policy Manual Anti-Retaliation Copyright Lexipol, LLC 2018/03/19, All Rights Reserved. Published with permission by Fresno County Sheriff - Coroner's Office Anti-Retaliation - 160 1004.4 COMPLAINTS OF RETALIATION Any member who feels he/she has been retaliated against in violation of this policy should promptly report the matter to any supervisor, command staff member, Sheriff or the County Personnel Manager. Members shall act in good faith, not engage in unwarranted reporting of trivial or minor deviations or transgressions, and make reasonable efforts to verify facts before making any complaint in order to avoid baseless allegations. Members shall not report or state an intention to report information or an allegation knowing it to be false, with willful or reckless disregard for the truth or falsity of the information or otherwise act in bad faith. Investigations are generally more effective when the identity of the reporting member is known, thereby allowing investigators to obtain additional information from the reporting member. However, complaints may be made anonymously. All reasonable efforts shall be made to protect the reporting member’s identity. However, confidential information may be disclosed to the extent required by law or to the degree necessary to conduct an adequate investigation and make a determination regarding a complaint. In some situations, the investigative process may not be complete unless the source of the information and a statement by the member is part of the investigative process. 1004.5 SUPERVISOR RESPONSIBILITIES Supervisors are expected to remain familiar with this policy and ensure that members under their command are aware of its provisions. The responsibilities of supervisors include, but are not limited to: (a)Ensuring complaints of retaliation are investigated as provided in the Personnel Complaints Policy. (b)Receiving all complaints in a fair and impartial manner. (c)Documenting the complaint and any steps taken to resolve the problem. (d)Acknowledging receipt of the complaint, notifying the Sheriff via the chain of command and explaining to the member how the complaint will be handled. (e)Taking appropriate and reasonable steps to mitigate any further violations of this policy. (f)Monitoring the work environment to ensure that any member making a complaint is not subjected to further retaliation. (g)Periodic follow-up with the complainant to ensure that retaliation is not continuing. (h)Not interfering with or denying the right of a member to make any complaint. (i)Taking reasonable steps to accommodate requests for assignment or schedule changes made by a member who may be the target of retaliation if it would likely mitigate the potential for further violations of this policy. Fresno County Sheriff - Coroner's Office Policy Manual Anti-Retaliation Copyright Lexipol, LLC 2018/03/19, All Rights Reserved. Published with permission by Fresno County Sheriff - Coroner's Office Anti-Retaliation - 161 1004.6 COMMAND STAFF RESPONSIBILITIES The Sheriff should communicate to all supervisors the prohibition against retaliation. Command staff shall treat all complaints as serious matters and shall ensure that prompt actions take place, including but not limited to: (a)Communicating to all members the prohibition against retaliation. (b)The timely review of complaint investigations. (c)Remediation of any inappropriate conduct or condition and instituting measures to eliminate or minimize the likelihood of recurrence. (d)The timely communication of the outcome to the complainant. 1004.7 WHISTLE-BLOWING California law protects members who (Labor Code § 1102.5; Government Code § 53296 et seq.): (a)Report a violation of a state or federal statute or regulation to a government or law enforcement agency, including the member’s supervisor or any other member with the authority to investigate the reported violation. (b)Provide information or testify before a public body if the member has reasonable cause to believe a violation of law occurred. (c)Refuse to participate in an activity that would result in a violation of a state or federal statute or regulation. (d)File a complaint with a local agency about gross mismanagement or a significant waste of funds, abuse of authority or a substantial and specific danger to public health or safety. Members shall exhaust all available administrative remedies prior to filing a formal complaint. (e)Are family members who have engaged in any protected acts described above. Members are encouraged to report any legal violations through the chain of command (Labor Code § 1102.5). Members who believe they have been the subject of retaliation for engaging in such protected behaviors should promptly report it to a supervisor. Supervisors should refer the complaint to the Internal Affairs Unit for investigation pursuant to the Personnel Complaints Policy. 1004.7.1 DISPLAY OF WHISTLE-BLOWER LAWS The Office shall display a notice to members regarding their rights and responsibilities under the whistle-blower laws, including the whistle-blower hotline maintained by the Office of the Attorney General (Labor Code § 1102.8). Fresno County Sheriff - Coroner's Office Policy Manual Anti-Retaliation Copyright Lexipol, LLC 2018/03/19, All Rights Reserved. Published with permission by Fresno County Sheriff - Coroner's Office Anti-Retaliation - 162 1004.8 RECORDS RETENTION AND RELEASE The Internal Affairs Commander or designee shall ensure that documentation of investigations is maintained in accordance with the established records retention schedules. 1004.9 TRAINING The policy should be reviewed with each new member. All members should receive periodic refresher training on the requirements of this policy. Policy 1011 Fresno County Sheriff - Coroner's Office Policy Manual Copyright Lexipol, LLC 2018/03/19, All Rights Reserved. Published with permission by Fresno County Sheriff - Coroner's Office Seat Belts - 163 Seat Belts 1011.1 PURPOSE AND SCOPE This policy establishes guidelines for the use of seat belts and child restraints. This policy will apply to all members operating or riding in office vehicles (Vehicle Code § 27315.5). 1011.1.1 DEFINITIONS Definitions related to this policy include: Child restraint system - An infant or child passenger restraint system that meets Federal Motor Vehicle Safety Standards (FMVSS) and Regulations set forth in 49 CFR 571.213. 1011.2 WEARING OF SAFETY RESTRAINTS All members shall wear properly adjusted safety restraints when operating or riding in a seat equipped with restraints, in any vehicle owned, leased or rented by this office while on- or off-duty, or in any privately owned vehicle while on-duty. The member driving such a vehicle shall ensure that all other occupants, including non-members, are also properly restrained. Exceptions to the requirement to wear safety restraints may be made only in exceptional situations where, due to unusual circumstances, wearing a seat belt would endanger the member or the public. Members must be prepared to justify any deviation from this requirement. 1011.3 TRANSPORTING SUSPECTS, PRISONERS OR ARRESTEES Suspects, prisoners and arrestees should be in a seated position and secured in the rear seat of any office vehicle with a prisoner restraint system or, when a prisoner restraint system is not available, by seat belts provided by the vehicle manufacturer. The prisoner restraint system is not intended to be a substitute for handcuffs or other appendage restraints. Prisoners in leg restraints shall be transported in accordance with the Handcuffing and Restraints Policy. 1011.4 INOPERABLE SEAT BELTS Office vehicles shall not be operated when the seat belt in the driver's position is inoperable. Persons shall not be transported in a seat in which the seat belt is inoperable. Office vehicle seat belts shall not be modified, removed, deactivated or altered in any way, except by the vehicle maintenance and repair staff, who shall do so only with the express authorization of the Sheriff. Members who discover an inoperable restraint system shall report the defect to Fleet Services. Prompt action will be taken to replace or repair the system. 1011.5 POLICY It is the policy of the Fresno County Sheriff - Coroner's Office that members use safety and child restraint systems to reduce the possibility of death or injury in a motor vehicle collision. Fresno County Sheriff - Coroner's Office Policy Manual Seat Belts Copyright Lexipol, LLC 2018/03/19, All Rights Reserved. Published with permission by Fresno County Sheriff - Coroner's Office Seat Belts - 164 1011.6 TRANSPORTING CHILDREN Children under the age of 8 shall be transported in compliance with California’s child restraint system requirements (Vehicle Code § 27360; Vehicle Code § 27363). Rear seat passengers in a cage-equipped vehicle may have reduced clearance, which requires careful seating and positioning of seat belts. Due to this reduced clearance, and if permitted by law, children and any child restraint system may be secured in the front seat of such vehicles provided this positioning meets federal safety standards and the vehicle and child restraint system manufacturer’s design and use recommendations. In the event that a child is transported in the front seat of a vehicle, the seat should be pushed back as far as possible and the passenger- side airbag should be deactivated. If this is not possible, members should arrange alternate transportation when feasible. A child shall not be transported in a rear-facing child restraint system in the front seat in a vehicle that is equipped with an active frontal passenger airbag (Vehicle Code § 27363). 1011.7 VEHICLES MANUFACTURED WITHOUT SEAT BELTS Vehicles manufactured and certified for use without seat belts or other restraint systems are subject to the manufacturer’s operator requirements for safe use. 1011.8 VEHICLE AIRBAGS In all vehicles equipped with airbag restraint systems, the system will not be tampered with or deactivated, except when transporting children as written elsewhere in this policy. All equipment installed in vehicles equipped with airbags will be installed as per the vehicle manufacturer specifications to avoid the danger of interfering with the effective deployment of the airbag device. Policy 1030 Fresno County Sheriff - Coroner's Office Policy Manual Copyright Lexipol, LLC 2018/03/19, All Rights Reserved. Published with permission by Fresno County Sheriff - Coroner's Office Member Speech, Expression and Social Networking - 165 Member Speech, Expression and Social Networking 1030.1 PURPOSE AND SCOPE THIS POLICY HAS BEEN REMOVED FROM THIS MANUAL FOR FURTHER EDITING AND APPLICATION. 1030.1.1 APPLICABILITY 1030.2 POLICY 1030.3 SAFETY 1030.4 PROHIBITED SPEECH, EXPRESSION AND CONDUCT 1030.4.1 UNAUTHORIZED ENDORSEMENTS AND ADVERTISEMENTS 1030.5 PRIVACY EXPECTATION 1030.6 CONSIDERATIONS 1030.7 TRAINING Fresno County Sheriff's Office Policy Manual Policy Manual Copyright Lexipol, LLC 2018/03/19, All Rights Reserved. Published with permission by Fresno County Sheriff - Coroner's Office Attachments - 166 Attachments Attachment Fresno County Sheriff's Office Policy Manual Policy Manual Copyright Lexipol, LLC 2018/03/19, All Rights Reserved. Published with permission by Fresno County Sheriff - Coroner's Office Time Card Computation Chart.pdf - 167 Time Card Computation Chart.pdf Attachment Fresno County Sheriff's Office Policy Manual Policy Manual Copyright Lexipol, LLC 2018/03/19, All Rights Reserved. Published with permission by Fresno County Sheriff - Coroner's Office Lexipol 314 - Policy Acknowledgement.pdf - 168 Lexipol 314 - Policy Acknowledgement.pdf Fresno County Sheriff's Office Policy Manual Policy Manual Copyright Lexipol, LLC 2018/03/19, All Rights Reserved. Published with permission by Fresno County Sheriff - Coroner's Office Index - 169 INDEX A ACKNOWLEDGEMENTS Policy manual............ 15 Policy revisions........... 15 ADMINISTRATIVE INVESTIGATIONS Recorded media files......... 131 ADMINISTRATIVE LEAVE Firearms.............. 31 ADMINISTRATIVE ORDER ....... 19 ADULT ABUSE Investigations............ 144 AIRCRAFT Ambulance............. 135 Flying while armed.......... 37 ALCOHOL Firearms.............. 35 ALCOHOL, INTOXICANTS ....... 83 AMMUNITION ............ 31 Gun violence restraining order surrenders. 108 ANIMALS Canines............... 56 Dangerous ........... 36, 36 Euthanize.............. 36 Injured............... 36 APPOINTMENTS Canine coordinator.......... 56 Chaplain coordinator......... 95 Coordinator - portable audio/video recorders 131 Petty cash fund manager....... 153 ARRESTS Authority.............. 9 Seat belts............. 163 Sick or injured person........ 134 Use of force............. 22 AUDIO/VIDEO RECORDING Body-worn cameras......... 128 Custodial interrogation........ 143 AUDITS Informant files........... 149 Informant funds........... 151 Petty cash............. 153 AUTHORITY .............. 8 Canine handler .......... 57, 58 Policy manual............ 13 AUTHORITY, ETHICS ......... 79 B BADGES, PATCHES AND IDENTIFICATION Firearms.............. 31 BARRICADED INCIDENTS ....... 122 BODY ARMOR Suspects.............. 29 BODY-WORN CAMERAS ....... 128 BOMBS Canine detection........... 60 Chaplains.............. 97 Explosive training aids......... 64 Portable audio/video recorders..... 129 C CANINES ............... 56 CASH Audit............... 151 Informants............. 150 CASH HANDLING, SECURITY AND MANAGEMENT ........... 153 CHAPLAINS ............. 94 CHIEF EXECUTIVE .......... 11 CHILDREN Firearms.............. 35 Transporting............ 164 CIVIL Subpoenas.............. 85 CIVILIAN/NON-SWORN ........ 13 CODE-3 ............... 53 COMMAND STAFF Policy review............ 15 COMMUNICABLE DISEASES First responders........... 133 COMMUNICATIONS CENTER Vehicle pursuits........... 47 COMPUTERS Digital evidence........... 145 CONDUCT .............. 77 Standards of conduct......... 81 CONFIDENTIALITY Chaplains.............. 98 Informants............. 147 Surreptitious recording........ 129 CORRESPONDENCE .......... 19 COURT APPEARANCES ........ 84 COURT ORDERS Canine controlled substance....... 63 Gun violence restraining order surrenders. 108 Juvenile informants......... 147 Fresno County Sheriff - Coroner's Office Policy Manual Copyright Lexipol, LLC 2018/03/19, All Rights Reserved. Published with permission by Fresno County Sheriff - Coroner's Office - 170 Subpoenas.............. 84 Surreptitious recording........ 129 CRISIS NEGOTIATION TEAM ..... 111 CRISIS RESPONSE UNIT ........ 111 CUSTODIAL INTERROGATIONS .... 143 D DEATH Chaplains.............. 97 DEFINITIONS ............. 13 DISASTER PLAN ........... 18 DISCIPLINE .............. 78 DISCLAIMER ............. 13 DISCRIMINATION, CONDUCT ...... 79 DISCRIMINATORY HARASSMENT .... 72 DOMESTIC VIOLENCE ......... 65 DRIVING, SAFETY SAFETY, CONDUCT FIREARMS, CONDUCT ......... 82 DUTY TO INTERCEDE ......... 21 E EMERGENCY MANAGEMENT PLAN ... 18 EPINEPHRINE AUTO-INJECTORS .... 135 EVALUATION ............ 156 EVIDENCE Digital............... 145 F FIREARMS .............. 29 Gun violence restraining orders..... 106 G GANGS, EMPLOYEE AFFILIATION ... 79 GRIEVANCES Supervisor authority.......... 13 GUN VIOLENCE RESTRAINING ORDERS 106 H HOSTAGES ............. 122 I INFORMANTS ............ 147 INVESTIGATION AND PROSECUTION . 142 J JURISDICTION Authority.............. 9 JURISDICTIONS Vehicle pursuits........... 47 L LAW ENFORCEMENT AUTHORITY .... 8 LIMITED ENGLISH PROFICIENCY .... 87 M MANUALS .............. 18 MEDICAL Canine bites............. 59 For canines............. 62 Releases.............. 135 MUTUAL AID Interstate peace officer powers...... 9 N NOTIFICATIONS Cash............... 154 O OATH OF OFFICE ........... 12 OFFICER SAFETY Canine deployment.......... 57 Informants............. 148 OREGON Authority.............. 8 OVERTIME Court................ 86 P PERSONNEL COMPLAINTS Portable audio/video review...... 131 POLICY MANUAL ........... 13 PRIVACY EXPECTATIONS Fresno County Sheriff - Coroner's Office Policy Manual Copyright Lexipol, LLC 2018/03/19, All Rights Reserved. Published with permission by Fresno County Sheriff - Coroner's Office - 171 Audio/video recordings........ 128 PROTECTED INFORMATION, UNAUTHORIZED RELEASE BADGES, PATCHES AND IDENTIFICATION, CONDUCT CONFIDENTIALITY, CONDUCT ..... 80 PURSUIT INTERVENTION ....... 48 PURSUIT UNITS ............ 43 R RECORDS BUREAU Gun violence restraining orders..... 108 RECORDS RELEASE Audio/video recordings........ 132 RECORDS RETENTION Audio/video recordings........ 132 Epinephrine auto-injectors....... 136 Oath of office............ 12 RESPONSE TO CALLS ......... 53 REVIEWS Policy manual............ 15 Portable audio/video......... 131 ROLL CALL TRAINING ........ 110 S SAFETY Shotguns.............. 29 SEARCHES Gun violence restraining orders..... 107 SEAT BELTS ............. 163 STANDARDS OF CONDUCT ....... 77 STANDING ORDER .......... 17 SUBPOENAS ............. 84 SUBPOENAS AND COURT APPEARANCES 84 T TRAINING Canine............... 62 Chaplains.............. 98 Discriminatory harassment....... 76 Epinephrine auto-injector....... 136 Firearms.............. 35 TRAINING SWAT............... 114 U UNIFORMS Chaplains.............. 95 Courtroom attire........... 85 USE OF FORCE ............ 21 V VEHICLE PURSUITS .......... 40 W WARNINGS Canine............... 58 Shots................ 37 WATCH COMMANDERS ........ 127