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RELEASE_20190610_T073508Fresno County Sheriff's Office Policy Manual Copyright Lexipol, LLC 2019/06/10, All Rights Reserved. Published with permission by Fresno County Sheriff'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's Office Policy Manual Copyright Lexipol, LLC 2019/06/10, All Rights Reserved. Published with permission by Fresno County Sheriff'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's Office Policy Manual Copyright Lexipol, LLC 2019/06/10, All Rights Reserved. Published with permission by Fresno County Sheriff'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's Office Policy Manual Copyright Lexipol, LLC 2019/06/10, All Rights Reserved. Published with permission by Fresno County Sheriff'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's Office Policy Manual Copyright Lexipol, LLC 2019/06/10, All Rights Reserved. Published with permission by Fresno County Sheriff'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 ............ 9 100 - Law Enforcement Authority ................. 10 101 - Chief Executive Officer ................... 13 102 - Oath of Office ..................... 14 103 - Policy Manual ..................... 15 Chapter 2 - Organization and Administration ............. 18 200 - Organizational Structure and Responsibility ............ 19 201 - Standing Order ..................... 22 202 - Emergency Management Plan ................ 23 203 - Training Policy ..................... 24 204 - Electronic Mail ..................... 26 205 - Administrative Communications ................ 28 206 - Patrol Staffing Levels ................... 29 208 - Retiree Concealed Firearms ................. 30 209 - Issued Standing Orders .................. 35 Chapter 3 - General Operations .................. 36 300 - Use of Force ...................... 37 301 - Use of Force Review Boards ................. 45 302 - Handcuffing and Restraints ................. 47 303 - Control Devices and Techniques ............... 51 305 - Officer-Involved Shootings and Deaths .............. 56 306 - Firearms ....................... 65 307 - Vehicle Pursuits ..................... 76 308 - Deputy Response to Calls .................. 89 309 - Canines ....................... 92 310 - Domestic Violence .................... 101 314 - Discriminatory Harassment ................. 108 315 - Child Abuse ...................... 113 316 - Missing Persons .................... 120 317 - Public Alerts ...................... 126 318 - Victim and Witness Assistance ................ 131 320 - Standards of Conduct ................... 134 323 - Report Preparation ................... 141 324 - News Media Relations .................. 146 Fresno County Sheriff's Office Policy Manual Copyright Lexipol, LLC 2019/06/10, All Rights Reserved. Published with permission by Fresno County Sheriff's Office Table of Contents - 6 325 - Subpoenas and Court Appearances .............. 149 326 - Reserve Deputies .................... 152 329 - Major Incident Notification ................. 156 330 - Death Investigation ................... 158 331 - Identity Theft ..................... 161 332 - Communications with Persons with Disabilities ........... 162 333 - Private Person's Arrests .................. 170 334 - Anti-Reproductive Rights Crimes Reporting ............ 172 335 - Limited English Proficiency Services .............. 174 336 - Mandatory Employer Notification ............... 181 337 - Biological Samples ................... 183 338 - Chaplains ...................... 184 339 - Public Safety Video Surveillance System ............ 190 340 - Child and Dependent Adult Safety ............... 194 341 - Service Animals .................... 198 343 - Off-Duty Law Enforcement Actions .............. 201 344 - Gun Violence Restraining Orders ............... 203 345 - Native American Graves Protection and Repatriation ......... 206 Chapter 4 - Patrol Operations .................. 208 400 - Patrol Function ..................... 209 402 - Patrol Briefing Training .................. 211 403 - Crime and Disaster Scene Integrity .............. 212 404 - Special Weapons and Tactics (SWAT) Unit ............ 214 405 - Ride-Along Policy .................... 225 406 - Hazardous Material Response ................ 228 407 - Hostage and Barricade Incidents ............... 230 408 - Response to Bomb Calls .................. 235 412 - Foreign Diplomatic and Consular Representatives .......... 240 413 - Rapid Response and Deployment ............... 244 417 - Aircraft Accidents .................... 247 418 - Field Training Program .................. 251 419 - Obtaining Air Support ................... 255 422 - Patrol Watch Commanders ................. 256 424 - Portable Audio/Video Recorders ............... 257 425 - Public Recording of Law Enforcement Activity ........... 262 428 - Foot Pursuits ..................... 265 429 - Automated License Plate Readers (ALPRs) ............ 270 430 - Homeless Persons .................... 273 432 - Civil Disputes ..................... 276 433 - Suspicious Activity Reporting ................ 279 434 - Medical Aid and Response ................. 281 Chapter 5 - Traffic Operations .................. 286 501 - Traffic Collision Reporting ................. 287 502 - Vehicle Towing and Release ................ 289 503 - Vehicle Impound Hearings ................. 293 Fresno County Sheriff's Office Policy Manual Copyright Lexipol, LLC 2019/06/10, All Rights Reserved. Published with permission by Fresno County Sheriff's Office Table of Contents - 7 504 - Traffic Citations ..................... 295 505 - Disabled Vehicles .................... 296 506 - 72-Hour Parking Violations ................. 297 Chapter 6 - Investigation Operations ................ 298 600 - Investigation and Prosecution ................ 299 602 - Asset Forfeiture .................... 304 603 - Informants ...................... 310 Chapter 7 - Equipment .................... 315 700 - Office Owned and Personal Property .............. 316 702 - Vehicle Maintenance ................... 318 704 - Cash Handling, Security and Management ............ 320 706 - Rifle Optics ...................... 322 Chapter 8 - Support Services .................. 324 801 - Communication Operations ................. 325 802 - Property and Evidence .................. 331 803 - Records Unit ..................... 339 805 - Records Maintenance and Release .............. 341 806 - Protected Information ................... 348 807 - Computers and Digital Evidence ............... 351 Chapter 10 - Personnel .................... 354 1001 - Evaluation of Employees ................. 355 1002 - Promotional and Transfer Policy ............... 358 1003 - Grievance Procedure .................. 360 1004 - Anti-Retaliation .................... 362 1009 - Smoking and Tobacco Use ................ 366 1011 - Seat Belts ...................... 367 1012 - Body Armor ..................... 369 1017 - Meal Periods and Breaks ................. 371 1018 - Lactation Break Policy .................. 372 1019 - Payroll Record Procedures ................. 374 1022 - Occupational Disease and Work-Related Injury Reporting ....... 375 1026 - Nepotism and Conflicting Relationships ............. 377 1027 - Office Badges ..................... 379 1030 - Member Speech, Expression and Social Networking ........ 381 1031 - Illness and Injury Prevention ................ 382 1033 - Assigned, Mandatory & Voluntary Overtime Procedures - Unit 1 ..... 387 Attachments ........................ 395 Standing Order 19-01.pdf .................... 396 PSD-RM 201 -- Employee Hazard Report.pdf ............. 397 Time Card Computation Chart.pdf ................. 398 Lexipol 314 - Policy Acknowledgement.pdf .............. 399 Safety Inspection Report.pdf ................... 400 Fresno County Sheriff's Office Policy Manual Copyright Lexipol, LLC 2019/06/10, All Rights Reserved. Published with permission by Fresno County Sheriff's Office Table of Contents - 8 Standing Order 19-01 - SITF Firearms.pdf .............. 401 BCIA8371.pdf ....................... 402 Fresno County Sheriff's Office Policy Manual Copyright Lexipol, LLC 2019/06/10, All Rights Reserved. Published with permission by Fresno County Sheriff's Office Law Enforcement Role and Authority - 9 Chapter 1 - Law Enforcement Role and Authority Policy 100 Fresno County Sheriff's Office Policy Manual Copyright Lexipol, LLC 2019/06/10, All Rights Reserved. Published with permission by Fresno County Sheriff's Office Law Enforcement Authority - 10 Law Enforcement Authority 100.1 PURPOSE AND SCOPE The purpose of this policy is to affirm the authority of the members of the Fresno County Sheriff'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'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'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's Office Policy Manual Law Enforcement Authority Copyright Lexipol, LLC 2019/06/10, All Rights Reserved. Published with permission by Fresno County Sheriff's Office Law Enforcement Authority - 11 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'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'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'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's Office Policy Manual Law Enforcement Authority Copyright Lexipol, LLC 2019/06/10, All Rights Reserved. Published with permission by Fresno County Sheriff's Office Law Enforcement Authority - 12 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's Office Policy Manual Copyright Lexipol, LLC 2019/06/10, All Rights Reserved. Published with permission by Fresno County Sheriff's Office Chief Executive Officer - 13 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's Office Policy Manual Copyright Lexipol, LLC 2019/06/10, All Rights Reserved. Published with permission by Fresno County Sheriff's Office Oath of Office - 14 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'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's Office Policy Manual Copyright Lexipol, LLC 2019/06/10, All Rights Reserved. Published with permission by Fresno County Sheriff's Office Policy Manual - 15 Policy Manual 103.1 PURPOSE AND SCOPE The manual of the Fresno County Sheriff'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'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'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's Office Policy Manual Policy Manual Copyright Lexipol, LLC 2019/06/10, All Rights Reserved. Published with permission by Fresno County Sheriff's Office Policy Manual - 16 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'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's Office Policy Manual. May - Indicates a permissive, discretionary or conditional action. Member - Any person employed or appointed by the Fresno County Sheriff'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'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's Office Policy Manual Policy Manual Copyright Lexipol, LLC 2019/06/10, All Rights Reserved. Published with permission by Fresno County Sheriff's Office Policy Manual - 17 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's Office Policy Manual Copyright Lexipol, LLC 2019/06/10, All Rights Reserved. Published with permission by Fresno County Sheriff's Office Organization and Administration - 18 Chapter 2 - Organization and Administration Policy 200 Fresno County Sheriff's Office Policy Manual Copyright Lexipol, LLC 2019/06/10, All Rights Reserved. Published with permission by Fresno County Sheriff's Office Organizational Structure and Responsibility - 19 Organizational Structure and Responsibility 200.1 PURPOSE AND SCOPE The organizational structure of this office is designed to create an efficient means to accomplish our mission and goals and to provide for the best possible service to the public. 200.2 BUREAUS The Sheriff is responsible for administering and managing the Fresno County Sheriff-Coroner's Office. There are seven bureaus in the Fresno County Sheriff-Coroner's Office: •Administrative Services Bureau •Patrol Bureau •Operational Support Bureau •Jail Operations Bureau •Jail Medical and Services Bureau •Detective Bureau •Jail Administration and Programs Bureau The department organizational chart can be located on Star 2.0. 200.2.1 ADMINISTRATIVE SERVICES BUREAU The Administrative Services Bureau is commanded by an Administrative Director, whose primary responsibility is to provide general management direction and control for the Administrative Services Bureau. The Administrative Services Bureau consists of the Coroner's Unit, Fiscal Services and Information Technology. 200.2.2 PATROL BUREAU The Patrol Bureau is commanded by a Captain, whose primary responsibility is to provide general management direction and control for the Patrol Bureau. The Patrol Bureau consists of Uniformed Patrol, Area Detectives, Ag Detectives, Boating Unit, Community Service Officers and Patrol Watch Commanders. 200.2.3 DETECTIVE BUREAU The Detective Bureau is commanded by a Captain, whose primary responsibility is to provide general management direction and control for the Detective Bureau. The Detective Bureau consists of the various units that fall under Person Crimes and the Special InvestigationsTask Force. Multi-Agency Gang Enforcement Consortium (MAGEC), Air Support Unit, Crime Scene Unit and Property and Evidence Unit also fall under this bureau. Fresno County Sheriff's Office Policy Manual Organizational Structure and Responsibility Copyright Lexipol, LLC 2019/06/10, All Rights Reserved. Published with permission by Fresno County Sheriff's Office Organizational Structure and Responsibility - 20 200.2.4 JAIL OPERATIONS BUREAU The Jail Operations Bureau is commanded by a Captain, whose primary responsibility is to provide general management direction and control for the Jail Operations Bureau. The Jail Operations Bureau consists of the Jail Watch Commanders and Custody Operations, which include Operation Support, Population Management, Booking and Records, Mail Unit, and Jail Lobbies. 200.2.5 JAIL ADMINISTRATION AND PROGRAMS BUREAU The Jail Services and Programs Bureau is commanded by the Inmate Service Director, whose primary responsibility is to provide general management direction and control for the Jail Administration and Programs Bureau. The Jail Administration and Programs Bureau consists of Administration, which includes ADA/Medical, Information Technology, Jail Identification and Construction, and Offender Programs, which include the Offender Programs Unit and the TJC Unit. 200.2.6 OPERATIONAL SUPPORT BUREAU The Operational Support Bureau is commanded by a Captain, whose primary responsibility is to provide general management direction and control for the Operational Support Bureau. The Operational Support Bureau consists of Communications, Human Resource Unit, Backgrounds, Records, Civil Unit, Crime Lab, Records, Court Liaison Office and Training Unit. 200.2.7 JAIL MEDICAL AND SERVICES BUREAU The Jail Medical and Services Bureau is commanded by a Captain, whose primary responsibility is to provide general management direction and control for the Jail Medical and Services Bureau. The Jail Medical and Services Bureau consists of Compliance and Medical, which includes Remedial Compliance and Jail Transportation, Services, which include PREA, Facility Services, Inmate Supplies Coordinator and Fire/Life/Safety, and Court Services, which include the Court Services Unit and Fugitive/Warrants Transportation Unit. 200.3 COMMAND PROTOCOL 200.3.1 SUCCESSION OF COMMAND The Sheriff exercises command over all personnel in the Office. During planned absences the Sheriff will designate a Bureau Commander to serve as the acting Sheriff. Except when designated as above, the order of command authority in the absence or unavailability of the Sheriff is as follows: (a)Undersheriff (b)Assistant Sheriff (c)Bureau Commander (d)Administrative Services Director (e)Watch Commander Fresno County Sheriff's Office Policy Manual Organizational Structure and Responsibility Copyright Lexipol, LLC 2019/06/10, All Rights Reserved. Published with permission by Fresno County Sheriff's Office Organizational Structure and Responsibility - 21 200.3.2 UNITY OF COMMAND The principles of unity of command ensure efficient supervision and control within the Office. Generally, each employee shall be accountable to one supervisor at any time for a given assignment or responsibility. Except where specifically delegated authority may exist by policy or special assignment (e.g., K-9, SWAT), any supervisor may temporarily direct any subordinate if an operational necessity exists. 200.3.3 ORDERS Members shall respond to and make a good faith and reasonable effort to comply with the lawful order of superior officers and other proper authority. Policy 201 Fresno County Sheriff's Office Policy Manual Copyright Lexipol, LLC 2019/06/10, All Rights Reserved. Published with permission by Fresno County Sheriff's Office Standing Order - 22 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's Office Policy Manual Copyright Lexipol, LLC 2019/06/10, All Rights Reserved. Published with permission by Fresno County Sheriff's Office Emergency Management Plan - 23 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'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 203 Fresno County Sheriff's Office Policy Manual Copyright Lexipol, LLC 2019/06/10, All Rights Reserved. Published with permission by Fresno County Sheriff's Office Training Policy - 24 Training Policy 203.1 PURPOSE AND SCOPE It is the policy of this office to administer a training program that will provide for the professional growth and continued development of its personnel. By doing so, the Office will ensure its personnel possess the knowledge and skills necessary to provide a professional level of service that meets the needs of the community. 203.2 PHILOSOPHY The Office seeks to provide ongoing training and encourages all personnel to participate in advanced training and formal education on a continual basis. Training is provided within the confines of funding, requirements of a given assignment, staffing levels, and legal mandates. Whenever possible, the Office will use courses certified by the California Commission on Peace Officer Standards and Training (POST) and Board of State and Community Corrections (BSCC). 203.3 OBJECTIVES The objectives of the Training Program are to: (a)Enhance the level of law enforcement service to the public (b)Increase the technical expertise and overall effectiveness of our personnel (c)Provide for continued professional development of office personnel 203.4 TRAINING PLAN A training plan will be developed and maintained by the Training Unit Commander. It is the responsibility of the Training Unit Commander to maintain, review, and update the training plan on an annual basis. 203.5 TRAINING NEEDS ASSESSMENT The Training Unit will conduct an annual training-needs assessment of the Office. The needs assessment will be reviewed by Training Unit Commander.. Upon approval by the staff, the needs assessment will form the basis for the training plan for the fiscal year. Members of the Training Unit will serve to assist with identifying training needs of for this Office. The Training Unit should review certain incidents to determine whether training would likely improve future outcomes or reduce or prevent the recurrence of the undesirable issues related to the incident. Specific incidents the Training Unit should review include, but are not limited to: (a) Any incident involving the death or serious injury of an employee. (b) Incidents involving a high risk of death, serious injury or civil liability. Fresno County Sheriff's Office Policy Manual Training Policy Copyright Lexipol, LLC 2019/06/10, All Rights Reserved. Published with permission by Fresno County Sheriff's Office Training Policy - 25 (c) Incidents identified by a supervisor as appropriate to review to identify possible training needs. Members of the Training Unit should convene on a regular basis as determined by the Training Unit Commander to review the identified incidents. The Training Unit shall determine by consensus whether a training need exists and then submit written recommendations of its findings to the Training Unit Commander. The recommendation should not identify specific facts of any incidents, such as identities of employees involved or the date, time and location of the incident, but should focus on the type of training being recommended. The Training Unit Commander will consider the recommendations of the Training Unit and determine what training should be addressed, taking into consideration the mission of the Office and available resources. 203.6 TRAINING PROCEDURES (a)All employees assigned to attend training shall attend as scheduled unless previously excused by their immediate supervisor. Excused absences from mandatory training should be limited to the following: 1.Court appearances 2.Sick leave 3.Limitations preventing the employee’s participation. 4.Emergency situations (b)When an employee is unable to attend mandatory training, that employee shall: 1.Notify the Training Unit Sergeant as soon as possible but no later than one hour prior to the start of training. 2.Document his/her absence in a memorandum or email to the Training Unit Sergeant. 3.Make arrangements through his/her supervisor and the Training Unit Sergeant to attend the required training on an alternate date. (c)Employees participating in training should dress appropriately and in a professional manner. Unless otherwise approved, employees should not wear shorts, sandals/ open toe shoes, tank tops or other garment deemed unprofessional or offensive by training staff. Policy 204 Fresno County Sheriff's Office Policy Manual Copyright Lexipol, LLC 2019/06/10, All Rights Reserved. Published with permission by Fresno County Sheriff's Office Electronic Mail - 26 Electronic Mail 204.1 PURPOSE AND SCOPE The purpose of this policy is to establish guidelines for the proper use and application of the office's electronic mail (email) system by employees of this office. Email is a communication tool available to employees to enhance efficiency in the performance of job duties and is to be used in accordance with generally accepted business practices and current law (e.g., California Public Records Act). Messages transmitted over the email system must only be those that involve official business activities or contain information essential to employees for the accomplishment of business-related tasks and/or communication directly related to the business, administration, or practices of the Office. 204.2 EMAIL RIGHT OF PRIVACY All email messages, including any attachments, that are transmitted over office networks are considered office records and therefore are office property. The Office reserves the right to access, audit or disclose, for any lawful reason, any message including any attachment that is transmitted over its email system or that is stored on any office system. The email system is not a confidential system since all communications transmitted on, to or from the system are the property of the Office. Therefore, the email system is not appropriate for confidential communications, including, but not limited to, communications with an employee's personal attorney or physician. If a communication must be private, an alternative method to communicate the message should be used instead of email. Employees using the office's email system shall have no expectation of privacy concerning communications utilizing the system. Employees should not use personal accounts to exchange email or other information that is related to the official business of the Office. 204.3 PROHIBITED USE OF EMAIL Sending derogatory, defamatory, obscene, disrespectful, sexually suggestive and harassing or any other inappropriate messages on the email system is prohibited and may result in discipline. Email messages addressed to the entire office are only to be used for official business related items that are of particular interest to all users and must be approved by the Sheriff or a member of the command staff. Personal advertisements are not acceptable. It is a violation of this policy to transmit a message under another user’s name. Users are strongly encouraged to log off the network when their computer is unattended. This added security measure would minimize the misuse of an individual’s email, name and/or password by others. Fresno County Sheriff's Office Policy Manual Electronic Mail Copyright Lexipol, LLC 2019/06/10, All Rights Reserved. Published with permission by Fresno County Sheriff's Office Electronic Mail - 27 204.4 EMAIL RECORD MANAGEMENT Email may, depending upon the individual content, be a public record under the California Public Records Act and must be managed in accordance with the established records retention schedule and in compliance with state law. The Records Unit Commander shall ensure that email messages are retained and recoverable as outlined in the pending Records Maintenance and Release Policy. Policy 205 Fresno County Sheriff's Office Policy Manual Copyright Lexipol, LLC 2019/06/10, All Rights Reserved. Published with permission by Fresno County Sheriff's Office Administrative Communications - 28 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. Policy 206 Fresno County Sheriff's Office Policy Manual Copyright Lexipol, LLC 2019/06/10, All Rights Reserved. Published with permission by Fresno County Sheriff's Office Patrol Staffing Levels - 29 Patrol Staffing Levels 206.1 PURPOSE AND SCOPE The purpose of this policy is to ensure that proper supervision is available for all shifts. The Office intends to balance the employee's needs against the need to have flexibility and discretion in using personnel to meet operational needs. While balance is desirable, the paramount concern is the need to meet operational requirements of the Office. 206.2 PREFERRED STAFFING LEVELS Preferred staffing levels should result in the scheduling of at least three field supervisors on-duty whenever possible. Watch Commanders will ensure that at least one field supervisor is responsible for each area during each watch, in addition to the Watch Commander. 206.2.1 SUPERVISION DEPLOYMENTS In order to accommodate training and other unforeseen circumstances, a Sheriff's Deputy IV may be used as a field supervisor in place of a field sergeant. With prior authorization from the Patrol Bureau Commander, a sergeant may act as the Watch Commander for a limited period of time. Policy 208 Fresno County Sheriff's Office Policy Manual Copyright Lexipol, LLC 2019/06/10, All Rights Reserved. Published with permission by Fresno County Sheriff's Office Retiree Concealed Firearms - 30 Retiree Concealed Firearms 208.1 PURPOSE AND SCOPE The purpose of this policy is to provide guidelines for the issuance, denial, suspension or revocation of Fresno County Sheriff's Office identification cards under the Law Enforcement Officers’ Safety Act (LEOSA) and California law (18 USC § 926C; Penal Code § 25455). 208.2 POLICY It is the policy of the Fresno County Sheriff's Office to provide identification cards to qualified former or retired deputies as provided in this policy. 208.3 LEOSA The Sheriff may issue an identification card for LEOSA purposes to any qualified former deputy of this office who (18 USC § 926C(c)): (a)Separated from service in good standing from this office as a deputy. (b)Before such separation, had regular employment as a law enforcement officer for an aggregate of 10 years or more or, if employed as a law enforcement officer for less than 10 years, separated from service after completing any applicable probationary period due to a service-connected disability as determined by this office. (c)Has not been disqualified for reasons related to mental health. (d)Has not entered into an agreement with this office where the deputy acknowledges that he/she is not qualified to receive a firearm qualification certificate for reasons related to mental health. (e)Is not prohibited by federal law from receiving or possessing a firearm. 208.3.1 LEOSA IDENTIFICATION CARD FORMAT The LEOSA identification card should contain a photograph of the former deputy and identify him/ her as having been employed as a deputy. If the Fresno County Sheriff's Office qualifies the former deputy, the LEOSA identification card or separate certification should indicate the date the former deputy was tested or otherwise found by the Office to meet the active duty standards for qualification to carry a firearm. 208.3.2 AUTHORIZATION Any qualified former law enforcement officer, including a former deputy of this office, may carry a concealed firearm under 18 USC § 926C when he/she is: (a)In possession of photographic identification that identifies him/her as having been employed as a law enforcement officer, and one of the following: 1.An indication from the person’s former law enforcement agency that he/she has, within the past year, been tested or otherwise found by the law enforcement Fresno County Sheriff's Office Policy Manual Retiree Concealed Firearms Copyright Lexipol, LLC 2019/06/10, All Rights Reserved. Published with permission by Fresno County Sheriff's Office Retiree Concealed Firearms - 31 agency to meet agency-established active duty standards for qualification in firearms training to carry a firearm of the same type as the concealed firearm. 2.A certification, issued by either the state in which the person resides or by a certified firearms instructor who is qualified to conduct a firearms qualification test for active duty law enforcement officers within that state, indicating that the person has, within the past year, been tested or otherwise found to meet the standards established by the state or, if not applicable, the standards of any agency in that state. (b)Not under the influence of alcohol or another intoxicating or hallucinatory drug or substance. (c)Not prohibited by federal law from receiving a firearm. (d)Not in a location prohibited by California law or by a private person or entity on his/her property if such prohibition is permitted by California law. 208.4 CALIFORNIA IDENTIFICATION CARD ISSUANCE Any full-time sworn deputy of this office who was authorized to, and did, carry a concealed firearm during the course and scope of his/her employment shall be issued an identification card with a Carrying Concealed Weapon endorsement, "CCW Approved," upon honorable retirement (Penal Code § 25455). (a)For the purpose of this policy, honorably retired includes all peace officers who have qualified for, and accepted, a service or disability retirement. It shall not include any deputy who retires in lieu of termination. (b)No CCW Approved endorsement shall be issued to any deputy retiring because of a psychological disability (Penal Code § 26305). 208.4.1 CALIFORNIA IDENTIFICATION CARD FORMAT The identification card issued to any qualified and honorably retired deputy shall be 2 inches by 3 inches, and minimally contain (Penal Code § 25460): (a)A photograph of the retiree. (b)The retiree’s name and date of birth. (c)The date of retirement. (d)The name and address of this office. (e)A stamped CCW Approved endorsement along with the date by which the endorsement must be renewed (not more than one year). If a CCW endorsement has been denied or revoked, the identification card shall be stamped “No CCW Privilege.” 208.4.2 QUALIFIED RETIREES FROM INCORPORATED JURISDICTION The Fresno County Sheriff's Office shall provide an identification card with a CCW Approved endorsement to honorably retired peace officers from any jurisdiction that this office now serves under the following conditions (Penal Code § 25905): Fresno County Sheriff's Office Policy Manual Retiree Concealed Firearms Copyright Lexipol, LLC 2019/06/10, All Rights Reserved. Published with permission by Fresno County Sheriff's Office Retiree Concealed Firearms - 32 (a)The retiree's previous agency is no longer providing law enforcement services or the relevant government body is dissolved. (b)This office is in possession of the retiree’s complete personnel record or can verify the retiree’s honorably retired status. (c)The retiree is in compliance with all of the requirements of this office for the issuance of a CCW Approved endorsement. 208.4.3 QUALIFIED RETIRED RESERVES Qualified retired reserve officers who meet the office requirements shall be provided an identification card with a CCW Approved endorsement (Penal Code § 26300). 208.5 FORMER DEPUTY RESPONSIBILITIES A former deputy with a card issued under this policy shall immediately notify the Watch Commander of his/her arrest or conviction in any jurisdiction, or that he/she is the subject of a court order, in accordance with the Reporting of Employee Convictions policy. 208.5.1 RESPONSIBILITIES UNDER LEOSA In order to obtain or retain a LEOSA identification card, the former deputy shall: (a)Sign a waiver of liability of the Office for all acts taken related to carrying a concealed firearm, acknowledging both his/her personal responsibility as a private person for all acts taken when carrying a concealed firearm as permitted by LEOSA and also that these acts were not taken as an employee or former employee of the Office. (b)Remain subject to all applicable office policies and federal, state and local laws. (c)Demonstrate good judgment and character commensurate with carrying a loaded and concealed firearm. (d)Successfully pass an annual criminal history background check indicating that he/she is not prohibited by law from receiving or possessing a firearm. 208.5.2 MAINTAINING A CALIFORNIA IDENTIFICATION CARD CCW ENDORSEMENT In order to maintain a CCW Approved endorsement on an identification card issued under California law, the retired deputy shall (Penal Code § 26305): (a)Qualify annually with the authorized firearm at a course approved by this office at the retired deputy’s expense. (b)Remain subject to all applicable office policies and federal, state and local laws. (c)Not engage in conduct that compromises public safety. (d)Only be authorized to carry a concealed firearm inspected and approved by the Office. 208.6 DENIAL, SUSPENSION OR REVOCATION OF A LEOSA IDENTIFICATION CARD A LEOSA identification card may be denied or revoked upon a showing of good cause as determined by the Office. In the event that an identification card is denied, suspended or revoked, the former deputy may request a review by the Sheriff. The decision of the Sheriff is final. Fresno County Sheriff's Office Policy Manual Retiree Concealed Firearms Copyright Lexipol, LLC 2019/06/10, All Rights Reserved. Published with permission by Fresno County Sheriff's Office Retiree Concealed Firearms - 33 208.7 DENIAL, SUSPENSION OR REVOCATION OF A CALIFORNIA CCW ENDORSEMENT CARD A CCW endorsement under Penal Code § 25470 for any deputy retired from this office may be denied or revoked only upon a showing of good cause. The CCW endorsement may be immediately and temporarily revoked by the Watch Commander when the conduct of a retired peace officer compromises public safety. (a)In the event that a CCW endorsement is initially denied, the retired deputy shall have 15 days from the date of denial to request a formal hearing. The failure to submit a timely written request for a hearing shall be deemed a waiver of such right. The hearing, absent written agreement between the parties, shall be held no later than 120 days after the request is received. (b)Prior to revocation of any CCW endorsement, the Office shall provide the affected retiree with written notice of a hearing by either personal service or first class mail, postage prepaid, return receipt requested to the retiree’s last known address (Penal Code § 26315). 1.The retiree shall have 15 days from the date of service to file a written request for a hearing. 2.The hearing, absent written agreement between the parties, shall be held no later than 120 days after the request is received (Penal Code § 26315). 3.The failure to submit a timely written request for a hearing shall be deemed a waiver of such right. (c)A hearing for the denial or revocation of any CCW endorsement shall be conducted before a hearing board composed of three members, one selected by the Office, one selected by the retiree or his/her employee organization and one selected jointly (Penal Code § 26320). 1.The decision of such hearing board shall be binding on the Office and the retiree. 2.Any retiree who waives the right to a hearing or whose CCW endorsement has been revoked at a hearing shall immediately surrender his/her identification card. The Office will then reissue a new identification card which shall be stamped “No CCW Privilege.” (d)Members who have reason to suspect the conduct of a retiree has compromised public safety shall notify the Watch Commander as soon as practicable. The Watch Commander should promptly take appropriate steps to look into the matter and, if warranted, contact the retiree in person and advise him/her of the temporary suspension and hearing information listed below. 1.Notification of the temporary suspension should also be promptly mailed to the retiree via first class mail, postage prepaid, return receipt requested (Penal Code § 26312). 2.The Watch Commander should document the investigation, the actions taken and, if applicable, any notification made to the retiree. The memo should be forwarded to the Sheriff. Fresno County Sheriff's Office Policy Manual Retiree Concealed Firearms Copyright Lexipol, LLC 2019/06/10, All Rights Reserved. Published with permission by Fresno County Sheriff's Office Retiree Concealed Firearms - 34 3.The personal and written notification should be as follows: (a)The retiree’s CCW endorsement is immediately and temporarily suspended. (b)The retiree has 15 days to request a hearing to determine whether the temporary suspension should become permanent revocation. (c)The retiree will forfeit his/her right to a hearing and the CCW endorsement will be permanently revoked if the retiree fails to respond to the notice of hearing within the 15-day period. 4.In the event that personal contact with the retiree cannot be reasonably achieved in a timely manner, the Watch Commander should attempt to make the above notice of temporary suspension through another law enforcement officer. For example, if a retiree was arrested or detained by a distant agency, the Watch Commander may request that a law enforcement officer from that agency act as the agent of the Office to deliver the written notification. 208.8 FIREARM QUALIFICATIONS The Rangemaster may provide former deputies from this office an opportunity to qualify or show proficiency with the registered firearm. Additionally, former deputies who do not reside within the county may go to an approved firearms range and demonstrate proficiency with the registered firearm. Written evidence of the qualification or proficiency with the weapons used will be provided to the Sheriff - Coroner's Office and will contain the date of the qualification. The Human Resources Unit will maintain a record of the qualifications and weapons used. Policy 209 Fresno County Sheriff's Office Policy Manual Copyright Lexipol, LLC 2019/06/10, All Rights Reserved. Published with permission by Fresno County Sheriff's Office Issued Standing Orders - 35 Issued Standing Orders 209.1 STANDING ORDERS The following standing orders have been approved by the Office: 1.Standing Order 19-01- SITF firearms.pdf As particular standing orders are incorporated into policy, they will be removed from this section. Fresno County Sheriff's Office Policy Manual Copyright Lexipol, LLC 2019/06/10, All Rights Reserved. Published with permission by Fresno County Sheriff's Office General Operations - 36 Chapter 3 - General Operations Policy 300 Fresno County Sheriff's Office Policy Manual Copyright Lexipol, LLC 2019/06/10, All Rights Reserved. Published with permission by Fresno County Sheriff's Office Use of Force - 37 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/correctional officers with the authority to use reasonable force and to protect the public welfare requires monitoring, evaluation and a careful balancing of all interests. 300.2.1 DUTY TO INTERCEDE Any 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's Office Policy Manual Use of Force Copyright Lexipol, LLC 2019/06/10, All Rights Reserved. Published with permission by Fresno County Sheriff's Office Use of Force - 38 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/correctional officer has used reasonable force, a number of factors should be taken into consideration, as time and circumstances permit. These factors include, but are not limited to: (a)Immediacy and severity of the threat to deputies/correctional officers or others. (b)The conduct of the individual being confronted, as reasonably perceived by the deputy/ correctional officer at the time. (c)Deputy/Correctional Officer/subject factors (age, size, relative strength, skill level, injuries sustained, level of exhaustion or fatigue, the number of deputies/correctional officers 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's Office Policy Manual Use of Force Copyright Lexipol, LLC 2019/06/10, All Rights Reserved. Published with permission by Fresno County Sheriff's Office Use of Force - 39 (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/correctional officer. (k)Potential for injury to deputies/correctional officer, suspects and others. (l)Whether the person appears to be resisting, attempting to evade arrest by flight or is attacking the deputy/correctional officer. (m)The risk and reasonably foreseeable consequences of escape. (n)The apparent need for immediate control of the subject or a prompt resolution of the situation. (o)Whether the conduct of the individual being confronted no longer reasonably appears to pose an imminent threat to the deputy/correctional officer 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's Office Policy Manual Use of Force Copyright Lexipol, LLC 2019/06/10, All Rights Reserved. Published with permission by Fresno County Sheriff's Office Use of Force - 40 (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's Office for this specific purpose. Fresno County Sheriff's Office Policy Manual Use of Force Copyright Lexipol, LLC 2019/06/10, All Rights Reserved. Published with permission by Fresno County Sheriff's Office Use of Force - 41 300.4 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 Officers 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's Office Policy Manual Use of Force Copyright Lexipol, LLC 2019/06/10, All Rights Reserved. Published with permission by Fresno County Sheriff's Office Use of Force - 42 300.5.1 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/correctional officer to conclude that the individual may have experienced more than momentary discomfort. (c)The individual subjected to the force complained of injury or continuing pain. (d)The individual indicates intent to pursue litigation. (e)Any application of a TASER device or control device. (f)Any application of a restraint device other than handcuffs, shackles or belly chains. (g)The individual subjected to the force was rendered unconscious. (h)An individual was struck or kicked. (i)An individual alleges any of the above has occurred. 300.5.2 REPORTING TO CALIFORNIA DEPARTMENT OF JUSTICE 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's Office Policy Manual Use of Force Copyright Lexipol, LLC 2019/06/10, All Rights Reserved. Published with permission by Fresno County Sheriff's Office Use of Force - 43 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 an interview with the subject upon whom force was applied. The content of the interview should not be summarized or included in any related criminal report. (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. (e)Review and approve all related reports. (f)Determine if there is any indication that the subject may pursue civil litigation. If there is an indication of potential civil litigation, the supervisor should make a notification of a potential claim through the appropriate channels. (g)Evaluate the circumstances surrounding the incident and initiate an administrative investigation if there is a question of: violation of law by department personnel, policy non-compliance, an identifiable training issue or if for any reason further investigation may be appropriate. In the event that a supervisor is unable to respond to the scene of an incident involving the reported application of force, the supervisor is still expected to complete as many of the above items as circumstances permit. 300.7.1 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. Fresno County Sheriff's Office Policy Manual Use of Force Copyright Lexipol, LLC 2019/06/10, All Rights Reserved. Published with permission by Fresno County Sheriff's Office Use of Force - 44 300.8 TRAINING Deputies/Correctional Officers will receive periodic training on this policy and demonstrate their knowledge and understanding. Policy 301 Fresno County Sheriff's Office Policy Manual Copyright Lexipol, LLC 2019/06/10, All Rights Reserved. Published with permission by Fresno County Sheriff's Office Use of Force Review Boards - 45 Use of Force Review Boards 301.1 PURPOSE AND SCOPE This policy establishes a process for the Fresno County Sheriff's Office to review the professionalism of its members. This review process shall be subsequent to any investigation that may be conducted. 301.2 POLICY The Fresno County Sheriff's Office will objectively evaluate the use of force and other matters related to professional standards by its members to ensure that their authority is used lawfully, appropriately and is consistent with training and policy. 301.3 REMOVAL FROM LINE DUTY ASSIGNMENT Generally, whenever an employee’s actions or use of force in an official capacity, or while using office equipment, results in death or very serious injury to another, that employee will be placed in a temporary administrative assignment pending an administrative review. The Sheriff may exercise discretion and choose not to place an employee in an administrative assignment in any case. 301.4 REVIEW BOARD The Professional Standards Review Board will be convened on a regular basis. The Professional Standards Review Board will review all Internal Affairs investigations of Office members, and the circumstances surrounding every discharge of a firearm, whether the member was on- or off-duty, excluding training or recreational use. The Sheriff may request the Professional Standards Review Board investigate the circumstances surrounding any complaint or use of force incident. It will be the responsibility of the Bureau Commander or supervisor of the involved employee to notify the Administrative Services Director of any incidents requiring board review. The involved employee’s Bureau Commander or supervisor will also ensure that all relevant reports, documents and materials are available for consideration and review by the board. The Professional Standards Review Board will complete a review within two months unless otherwise approved by the Sheriff. 301.4.1 COMPOSITION OF THE BOARD The Sheriff - Coroner's Office Captains, Administrative Services Director and Inmate Services Director will convene as the review board. Internal Affairs personnel shall be responsible for delivering a verbal summation of the case(s) to the board and providing necessary copies of reports when requested. Fresno County Sheriff's Office Policy Manual Use of Force Review Boards Copyright Lexipol, LLC 2019/06/10, All Rights Reserved. Published with permission by Fresno County Sheriff's Office Use of Force Review Boards - 46 301.4.2 RESPONSIBILITIES OF THE BOARD The Professional Standards Review Board is empowered to conduct an administrative review and inquiry into the circumstances of an incident. The board members may request further investigation, request reports be submitted for the board’s review and call persons to present information. The board shall make a collective recommendation(s), in writing, to the Sheriff regarding their findings, recommendations for discipline, training and/or other action deemed appropriate. The Sheriff will determine whether the board should delay its review until after completion of any criminal investigation, review by any prosecutorial body, filing of criminal charges the decision not to file criminal charges, or any other action. The board should be provided all relevant available material from these proceedings for its consideration. The review shall be based upon those facts which were reasonably believed or known by the deputy at the time of the incident, applying any legal requirements, office policies, procedures and approved training to those facts. Facts later discovered but unknown to the deputy at the time shall neither justify nor call into question a deputy’s decision to act in the manner he/she did. Any questioning of the involved employee conducted by the board will be in accordance with the office's disciplinary procedures, the Personnel Complaints Policy, the current collective bargaining agreement and any applicable state or federal law. The board shall make one of the following recommended findings: •Sustained •Not Sustained •Unfounded •Exonerated The board may recommend additional investigations or reviews, such as disciplinary investigations, training reviews to consider whether training should be developed or revised, and policy reviews, as may be appropriate. The board will submit the written recommendation to the Undersheriff. The Sheriff shall review the recommendation, make a final determination as to whether the employee’s actions were within policy and procedure and will determine whether any additional actions, investigations or reviews are appropriate. The Sheriff’s final findings will be forwarded to the involved employee’s Bureau Commander, via the chain of command, for review and appropriate action. If the Sheriff concludes that discipline should be considered, a disciplinary process will be initiated. At the conclusion of any additional reviews, copies of all relevant reports and information will be filed with Internal Affairs or with Human Resources. Policy 302 Fresno County Sheriff's Office Policy Manual Copyright Lexipol, LLC 2019/06/10, All Rights Reserved. Published with permission by Fresno County Sheriff's Office Handcuffing and Restraints - 47 Handcuffing and Restraints 302.1 PURPOSE AND SCOPE This policy provides guidelines for the use of handcuffs and other restraints during detentions and arrests. For correctional officers, also refer to Jail Division Use of Restraints Policy (D-230). 302.2 POLICY The Fresno County Sheriff's Office authorizes the use of restraint devices in accordance with this policy, the Use of Force Policy and office training. Restraint devices shall not be used to punish, to display authority or as a show of force. 302.3 USE OF RESTRAINTS Only members who have successfully completed Fresno County Sheriff's Office-approved training on the use of restraint devices described in this policy are authorized to use these devices. When deciding whether to use any restraint, members should carefully balance officer safety concerns with factors that include, but are not limited to: •The circumstances or crime leading to the arrest. •The demeanor and behavior of the arrested person. •The age and health of the person. •Whether the person is known to be pregnant. •Whether the person has a hearing or speaking disability. In such cases, consideration should be given, safety permitting, to handcuffing to the front in order to allow the person to sign or write notes. •Whether the person has any other apparent disability. 302.3.1 RESTRAINT OF DETAINEES Situations may arise where it may be reasonable to restrain an individual who may, after brief investigation, be released without arrest. Unless arrested, the use of restraints on detainees should continue only for as long as is reasonably necessary to assure the safety of members and others. When deciding whether to remove restraints from a detainee, members should continuously weigh the safety interests at hand against the continuing intrusion upon the detainee. 302.3.2 RESTRAINT OF PREGNANT PERSONS Persons who are known to be pregnant should be restrained in the least restrictive manner that is effective for officer safety. Generally, these individuals shall not be restrained by the use of leg irons, waist chains or handcuffs behind the body except in extreme circumstances. Fresno County Sheriff's Office Policy Manual Handcuffing and Restraints Copyright Lexipol, LLC 2019/06/10, All Rights Reserved. Published with permission by Fresno County Sheriff's Office Handcuffing and Restraints - 48 No person who is in labor, delivery or recovery after delivery shall be handcuffed or restrained except in extraordinary circumstances and only when a supervisor makes an individualized determination that such restraints are necessary for the safety of the arrestee, members or others (Penal Code § 3407; Penal Code § 6030). 302.3.3 RESTRAINT OF JUVENILES A juvenile under 14 years of age should not be restrained unless he/she is suspected of a dangerous felony or when the member has a reasonable suspicion that the juvenile may resist, attempt escape, injure him/herself, injure the member or damage property. 302.3.4 NOTIFICATIONS Whenever a member transports a person with the use of restraints other than handcuffs or leg irons, the member shall inform the jail staff upon arrival at the jail that restraints were used. This notification should include information regarding any other circumstances the member reasonably believes would be potential safety concerns or medical risks to the subject (e.g., prolonged struggle, extreme agitation, impaired respiration) that may have occurred prior to, or during transportation to the jail. 302.4 APPLICATION OF HANDCUFFS OR PLASTIC CUFFS Handcuffs, including temporary nylon or plastic cuffs, may be used only to restrain a person’s hands to ensure officer safety. Although recommended for most arrest situations, handcuffing is discretionary and not an absolute requirement of the Office. Members should consider handcuffing any person they reasonably believe warrants that degree of restraint. However, members should not conclude that in order to avoid risk every person should be handcuffed, regardless of the circumstances. In most situations handcuffs should be applied with the hands behind the person’s back. When feasible, handcuffs should be double-locked to prevent tightening, which may cause undue discomfort or injury to the hands or wrists. In situations where one pair of handcuffs does not appear sufficient to restrain the individual or may cause unreasonable discomfort due to the person’s size, members should consider alternatives, such as using an additional set of handcuffs or multiple plastic cuffs. Handcuffs should be removed as soon as it is reasonable or after the person has been searched and is safely confined within a detention facility. 302.5 APPLICATION OF SPIT HOODS/MASKS Spit hoods/masks are temporary protective devices designed to prevent the wearer from biting and/or transferring or transmitting fluids (saliva and mucous) to others. Spit hoods may be placed upon persons in custody when the member reasonably believes the person will bite or spit, either on a person or in an inappropriate place. They are generally used during application of a physical restraint, while the person is restrained, or during or after transport. Fresno County Sheriff's Office Policy Manual Handcuffing and Restraints Copyright Lexipol, LLC 2019/06/10, All Rights Reserved. Published with permission by Fresno County Sheriff's Office Handcuffing and Restraints - 49 Members utilizing spit hoods should ensure that the spit hood is fastened properly to allow for adequate ventilation and that the restrained person can breathe normally. Members should provide assistance during the movement of restrained individuals due to the potential for impaired or distorted vision on the part of the individual. Members should avoid commingling individuals wearing spit hoods with other detainees. Spit hoods should not be used in situations where the restrained person is bleeding profusely from the area around the mouth or nose, or if there are indications that the person has a medical condition, such as difficulty breathing or vomiting. In such cases, prompt medical care should be obtained. If the person vomits while wearing a spit hood, the spit hood should be promptly removed and discarded. Persons who have been sprayed with oleoresin capsicum (OC) spray should be thoroughly flushed with water, including hair, head and clothing prior to application of a spit hood. Those who have been placed in a spit hood should be continually monitored and shall not be left unattended until the spit hood is removed. Spit hoods shall be discarded after each use. 302.6 APPLICATION OF AUXILIARY RESTRAINT DEVICES Auxiliary restraint devices include transport belts, waist or belly chains, transportation chains, leg irons and other similar devices. Auxiliary restraint devices are intended for use during long-term restraint or transportation. They provide additional security and safety without impeding breathing, while permitting adequate movement, comfort and mobility. Only office-authorized devices may be used. Any person in auxiliary restraints should be monitored as reasonably appears necessary. 302.7 APPLICATION OF LEG RESTRAINT DEVICES Leg restraints may be used to restrain the legs of a violent or potentially violent person when it is reasonable to do so during the course of detention, arrest or transportation. Only restraint devices approved by the Office shall be used. In determining whether to use the leg restraint, members should consider: (a)Whether the member or others could be exposed to injury due to the assaultive or resistant behavior of a suspect. (b)Whether it is reasonably necessary to protect the suspect from his/her own actions (e.g., hitting his/her head against the interior of the patrol unit, running away from the arresting member while handcuffed, kicking at objects or members). (c)Whether it is reasonably necessary to avoid damage to property (e.g., kicking at windows of the patrol unit). 302.7.1 GUIDELINES FOR USE OF LEG RESTRAINTS When applying leg restraints the following guidelines should be followed: (a)If practicable, members should notify a supervisor of the intent to apply the leg restraint device. In all cases, a supervisor shall be notified as soon as practicable after the application of the leg restraint device. Fresno County Sheriff's Office Policy Manual Handcuffing and Restraints Copyright Lexipol, LLC 2019/06/10, All Rights Reserved. Published with permission by Fresno County Sheriff's Office Handcuffing and Restraints - 50 (b)Once applied, absent a medical or other emergency, restraints should remain in place until the member arrives at the jail or other facility or the person no longer reasonably appears to pose a threat. (c)Once secured, the person should be placed in a seated or upright position, secured with a seat belt, and shall not be placed on his/her stomach for an extended period, as this could reduce the person’s ability to breathe. (d)The restrained person should be continually monitored by a member while in the leg restraint. The member should ensure that the person does not roll onto and remain on his/her stomach. (e)The member should look for signs of labored breathing and take appropriate steps to relieve and minimize any obvious factors contributing to this condition. (f)When transported by ambulance/paramedic unit, the restrained person should be accompanied by a member when requested by medical personnel. The transporting member should describe to medical personnel any unusual behaviors or other circumstances the member reasonably believes would be potential safety or medical risks to the subject (e.g., prolonged struggle, extreme agitation, impaired respiration). 302.8 REQUIRED DOCUMENTATION If an individual is arrested, the use of restraints other than handcuffs or leg irons shall be documented in the related report. The member should include, as appropriate: (a)The amount of time the suspect was restrained. (b)How the suspect was transported and the position of the suspect. (c)Observations of the suspect’s behavior and any signs of physiological problems. (d)Any known or suspected drug use or other medical problems. Policy 303 Fresno County Sheriff's Office Policy Manual Copyright Lexipol, LLC 2019/06/10, All Rights Reserved. Published with permission by Fresno County Sheriff's Office Control Devices and Techniques - 51 Control Devices and Techniques 303.1 PURPOSE AND SCOPE This policy provides guidelines for the use and maintenance of control devices that are described in this policy. 303.2 POLICY In order to control subjects who are violent or who demonstrate the intent to be violent, the Fresno County Sheriff's Office authorizes members to use control devices in accordance with the guidelines in this policy and the Use of Force Policy. 303.3 ISSUING, CARRYING AND USING CONTROL DEVICES Control devices described in this policy may be carried and used by members of this office only if the device has been issued by the Office or approved by the Sheriff or the authorized designee. Only members who have successfully completed office-approved training in the use of any control device are authorized to carry and use the device. Control devices may be used when a decision has been made to control, restrain or arrest a subject who is violent or who demonstrates the intent to be violent, and the use of the device appears reasonable under the circumstances. When reasonable, a verbal warning and opportunity to comply should precede the use of these devices. When using control devices, members should carefully consider potential impact areas in order to minimize injuries and unintentional targets. 303.4 RESPONSIBILITIES 303.4.1 UNIT COMMANDER RESPONSIBILITIES The Unit Commander may authorize the use of a control device by selected personnel or members of specialized units who have successfully completed the required training. 303.4.2 TRAINING UNIT RESPONSIBILITIES The Training Unit shall control the inventory and issuance of all control devices and shall ensure that all damaged, inoperative, outdated or expended control devices or munitions are properly disposed of, repaired or replaced. Every control device will be periodically inspected by a Training Unit member or the designated instructor for a particular control device. The inspection shall be documented. 303.4.3 USER RESPONSIBILITIES All normal maintenance, charging or cleaning shall remain the responsibility of personnel using the various devices. Fresno County Sheriff's Office Policy Manual Control Devices and Techniques Copyright Lexipol, LLC 2019/06/10, All Rights Reserved. Published with permission by Fresno County Sheriff's Office Control Devices and Techniques - 52 Any damaged, inoperative, outdated or expended control devices or munitions shall be returned to the Training Unit for disposition. When appropriate, a damage to County property report shall be prepared and forwarded through the chain of command explaining the cause of damage. This report may be requested by a supervisor. 303.5 BATON GUIDELINES The need to immediately control a suspect must be weighed against the risk of causing serious injury. The head, neck, throat, spine, heart, kidneys and groin should not be intentionally targeted except when the member reasonably believes the suspect poses an imminent threat of serious bodily injury or death to the deputy or others. When carrying a baton, uniformed personnel shall carry the baton in its authorized holder. Plainclothes and non-field personnel may carry the baton as authorized and in accordance with the needs of their assignment or at the direction of their supervisor. 303.6 TEAR GAS GUIDELINES Tear gas may be used for crowd control, crowd dispersal or against barricaded suspects based on the circumstances. Only the Incident Commander or SWAT/CNT Team Commander may authorize the delivery and use of tear gas, and only after evaluating all conditions known at the time and determining that such force reasonably appears justified and necessary. When practicable, fire personnel should be alerted or summoned to the scene prior to the deployment of tear gas to control any fires and to assist in providing medical aid or gas evacuation if needed. 303.7 OLEORESIN CAPSICUM (OC) GUIDELINES As with other control devices, oleoresin capsicum (OC) spray and pepper projectiles may be considered for use to bring under control an individual or groups of individuals who are engaging in, or are about to engage in violent behavior. Pepper projectiles and OC spray should not, however, be used against individuals or groups who merely fail to disperse or do not reasonably appear to present a risk to the safety of officers or the public. 303.7.1 OC SPRAY Uniformed personnel carrying OC spray shall carry the device in its approved holster. Plainclothes and non-field personnel may carry OC spray as authorized, in accordance with the needs of their assignment or at the direction of their supervisor. 303.7.2 PEPPER PROJECTILE SYSTEMS Pepper projectiles are plastic spheres that are filled with a derivative of OC powder. Because the compressed gas launcher delivers the projectiles with enough force to burst the projectiles on impact and release the OC powder, the potential exists for the projectiles to inflict injury if they strike the head, neck, spine or groin. Therefore, personnel using a pepper projectile system should not intentionally target those areas, except when the member reasonably believes the suspect poses an imminent threat of serious bodily injury or death to the member or others. Fresno County Sheriff's Office Policy Manual Control Devices and Techniques Copyright Lexipol, LLC 2019/06/10, All Rights Reserved. Published with permission by Fresno County Sheriff's Office Control Devices and Techniques - 53 Members encountering a situation that warrants the use of a pepper projectile system shall notify a supervisor as soon as practicable. When necessary, a supervisor may respond to pepper projectile system incidents where the suspect has been hit or exposed to the chemical agent. The supervisor shall ensure that all notifications and reports are completed as required by the Use of Force Policy. Unintentional discharges shall be promptly reported to a supervisor and documented on the appropriate report form. Only non-incident use of a pepper projectile system, such as training and product demonstrations, is exempt from the reporting requirement. 303.7.3 TREATMENT FOR OC SPRAY EXPOSURE Persons who have been sprayed with or otherwise affected by the use of OC should be promptly provided with clean water to cleanse the affected areas. Those persons who complain of further severe effects shall be examined by appropriate medical personnel. 303.8 POST-APPLICATION NOTICE Whenever tear gas or OC has been introduced into a residence, building interior, vehicle or other enclosed area, members should provide the owners or available occupants with notice of the possible presence of residue that could result in irritation or injury if the area is not properly cleaned. Such notice should include advisement that cleanup will be at the owner’s expense. Information regarding the method of notice and the individuals notified should be included in related reports. 303.9 KINETIC ENERGY PROJECTILE GUIDELINES This office is committed to reducing the potential for violent confrontations. Kinetic energy projectiles, when used properly, are less likely to result in death or serious physical injury and can be used in an attempt to de-escalate a potentially deadly situation. 303.9.1 DEPLOYMENT AND USE Only office-approved kinetic energy munitions shall be carried and deployed. Approved munitions may be used to compel an individual to cease his/her actions when such munitions present a reasonable option. Members are not required or compelled to use approved munitions in lieu of other reasonable tactics if the involved deputy determines that deployment of these munitions cannot be done safely. The safety of hostages, innocent persons and deputies takes priority over the safety of subjects engaged in criminal or suicidal behavior. Circumstances appropriate for deployment include, but are not limited to, situations in which: (a)The suspect is armed with a weapon and the tactical circumstances allow for the safe application of approved munitions. (b)The suspect has made credible threats to harm him/herself or others. (c)The suspect is engaged in riotous behavior or is throwing rocks, bottles or other dangerous projectiles at people and/or deputies. Fresno County Sheriff's Office Policy Manual Control Devices and Techniques Copyright Lexipol, LLC 2019/06/10, All Rights Reserved. Published with permission by Fresno County Sheriff's Office Control Devices and Techniques - 54 (d)There is probable cause to believe that the suspect has already committed a crime of violence and is refusing to comply with lawful orders. (e)Cell extractions. 303.9.2 DEPLOYMENT CONSIDERATIONS Before discharging projectiles, the member should consider such factors as: (a)Distance and angle to target. (b)Type of munitions employed. (c)Type and thickness of subject’s clothing. (d)The subject’s proximity to others. (e)The location of the subject. (f)Whether the subject’s actions dictate the need for an immediate response and the use of control devices appears appropriate. A verbal warning of the intended use of the device should precede its application, unless it would otherwise endanger the safety of members or when it is not practicable due to the circumstances. The purpose of the warning is to give the individual a reasonable opportunity to voluntarily comply and to warn other members and individuals that the device is being deployed. Whether or not a verbal warning was given preceding the use of the device should be documented in related reports. Members should keep in mind the manufacturer’s recommendations and their training regarding effective distances and target areas. However, members are not restricted solely to use according to manufacturer recommendations. Each situation must be evaluated on the totality of circumstances at the time of deployment. The need to immediately incapacitate the subject must be weighed against the risk of causing serious injury or death. The head and neck should not be intentionally targeted, except when the member reasonably believes the suspect poses an imminent threat of serious bodily injury or death to the member or others. 303.9.3 SAFETY PROCEDURES Shotguns specifically designated for use with kinetic energy projectiles will be specially marked in a manner that makes them readily identifiable as such. Members will inspect the shotgun and projectiles at the beginning of each shift to ensure that the shotgun is fully loaded, in proper working order and the projectiles are of the approved type and appear to be free from defects. When it is not deployed, the shotgun will be properly and securely stored in the vehicle. When deploying the kinetic energy projectile shotgun, the member shall visually inspect the kinetic energy projectiles to ensure that conventional ammunition is not being loaded into the shotgun. Fresno County Sheriff's Office Policy Manual Control Devices and Techniques Copyright Lexipol, LLC 2019/06/10, All Rights Reserved. Published with permission by Fresno County Sheriff's Office Control Devices and Techniques - 55 303.10 TRAINING FOR CONTROL DEVICES The Training Unit shall ensure that all personnel who are authorized to carry a control device have been properly trained and certified to carry the specific control device and are retrained or recertified as necessary. (a)Proficiency training shall be monitored and documented by a certified, control-device weapons or tactics instructor. (b)All training and proficiency for control devices will be documented in the member’s training file. (c)Members who fail to demonstrate proficiency with the control device or knowledge of this agency’s Use of Force Policy will be provided remedial training. If a member cannot demonstrate proficiency with a control device or knowledge of this agency’s Use of Force Policy after remedial training, the member will be restricted from carrying the control device. 303.11 REPORTING USE OF CONTROL DEVICES AND TECHNIQUES Any application of a control device or technique listed in this policy shall be documented in the related report and reported pursuant to the Use of Force Policy. Policy 305 Fresno County Sheriff's Office Policy Manual Copyright Lexipol, LLC 2019/06/10, All Rights Reserved. Published with permission by Fresno County Sheriff's Office Officer-Involved Shootings and Deaths - 56 Officer-Involved Shootings and Deaths 305.1 PURPOSE AND SCOPE The purpose of this policy is to establish policy and procedures for the investigation of an incident in which a person is injured or dies as the result of an officer-involved shooting or dies as a result of other action from a member of this office. In other incidents not covered by this policy, the Sheriff may decide that the investigation will follow the process provided in this policy. 305.2 POLICY The policy of the Fresno County Sheriff's Office is to ensure that officer-involved shootings and deaths are investigated in a thorough, fair and impartial manner. 305.3 TYPES OF INVESTIGATIONS Officer-involved shootings and deaths involve several separate investigations. The investigations may include: •A criminal investigation of the OIS. •An administrative investigation as to policy compliance by involved member. •A civil investigation to determine potential liability. 305.4 CONTROL OF INVESTIGATIONS Investigators from surrounding agencies may be assigned to work on the criminal investigation of officer-involved shootings and deaths. This may include at least one investigator from the agency that employs the involved member. Jurisdiction is determined by the location of the shooting or death and the agency employing the involved member. The following scenarios outline the jurisdictional responsibilities for investigating officer-involved shootings and deaths. 305.4.1 CRIMINAL INVESTIGATION OF SUSPECT ACTIONS The investigation of any possible criminal conduct by the suspect is controlled by the agency in whose jurisdiction the suspect’s crime occurred. For example, the Fresno County Sheriff's Office would control the investigation if the suspect’s crime occurred in Fresno County. If multiple crimes have been committed in multiple jurisdictions, identification of the agency that will control the investigation may be reached in the same way as with any other crime. The investigation may be conducted by the agency in control of the criminal investigation of the involved member, at the discretion of the Sheriff and with concurrence from the other agency. Fresno County Sheriff's Office Policy Manual Officer-Involved Shootings and Deaths Copyright Lexipol, LLC 2019/06/10, All Rights Reserved. Published with permission by Fresno County Sheriff's Office Officer-Involved Shootings and Deaths - 57 305.4.2 CRIMINAL INVESTIGATION OF OFFICER ACTIONS When a member from this office is involved, the criminal investigation will be handled according to the Criminal Investigation section of this policy. Requests made of this office to investigate a shooting or death involving an outside agency’s officer shall be referred to the Sheriff or the authorized designee for approval. 305.4.3 ADMINISTRATIVE AND CIVIL INVESTIGATION Regardless of where the incident occurs, the administrative and civil investigation of each involved member is controlled by the respective employing agency. 305.5 INVESTIGATION PROCESS The following procedures are guidelines used in the investigation of an officer-involved shooting or death. 305.5.1 UNINVOLVED DEPUTY RESPONSIBILITIES Upon arrival at the scene of an officer-involved shooting, the first uninvolved member of this office will be the Incident Commander (IC) and will assume the responsibilities of a supervisor until properly relieved. This member should, as appropriate: (a)Secure the scene and identify and eliminate hazards for all those involved. (b)Take reasonable steps to obtain emergency medical attention for injured individuals. (c)Request additional resources from the Office or other agencies. (d)Coordinate a perimeter or pursuit of suspects. (e)Check for injured persons and evacuate as needed. (f)Brief the supervisor upon arrival. 305.5.2 SUPERVISOR RESPONSIBILITIES Upon arrival at the scene, the first uninvolved FSO supervisor should ensure completion of the duties as outlined above, plus: (a)The supervisor may administratively order any office member to immediately provide public safety information necessary to secure the scene, identify injured parties and pursue suspects. 1.The initial on-scene supervisor should not attempt to order any involved officer to provide any information other than public safety information. 2.Public safety information shall be limited to such things as outstanding suspect information, number and direction of any shots fired, perimeter of the incident scene, identity of known or potential witnesses and any other pertinent information. (b)Provide all available information to the Watch Commander and the Communications Center. If feasible, sensitive information should be communicated over secure networks. Fresno County Sheriff's Office Policy Manual Officer-Involved Shootings and Deaths Copyright Lexipol, LLC 2019/06/10, All Rights Reserved. Published with permission by Fresno County Sheriff's Office Officer-Involved Shootings and Deaths - 58 (c)Take command of and secure the incident scene with additional FSO members until properly relieved by another supervisor or other assigned personnel or investigator. (d)As soon as practicable, involved members should be removed out of the interior crime scene and if possible, assign an uninvolved member to stay with the involved member. After the arrival of detectives, the supervisor should ensure that involved members are transported (separately, if feasible) to a suitable location for further direction. 1.Each involved office member should be given an administrative order not to discuss the incident with other involved members or FSO members pending further direction from a supervisor. 2.When an involved member’s weapon is taken or left at the scene for other than officer-safety reasons (e.g., evidence), ensure that he/she is provided with a comparable replacement weapon or transported by other deputies. 305.5.3 WATCH COMMANDER RESPONSIBILITIES Upon learning of an officer-involved shooting or death, the Watch Commander shall be responsible for coordinating all aspects of the incident until he/she is relieved by another Lieutenant, the Sheriff or a Bureau Commander. All outside inquiries about the incident shall be directed to the Watch Commander or on scene Incident Commander. 305.5.4 NOTIFICATIONS The following person(s) shall be notified as soon as practicable: •Sheriff, Undersheriff and Assistant Sheriffs •Detective Bureau Commander •Homicide Unit/District Attorney's Officer Involved Shooting team •Unit Commander of member •Outside agency investigator (if appropriate) •Internal Affairs Unit Commander •Human Resources Unit Commander •Peer Support Program Coordinator •Chaplain •Coroner (if necessary) •Involved officer's agency representative •Public Information Officer 305.5.5 INVOLVED MEMBERS The following shall be considered for the involved member: (a)Any request for legal or union representation will be accommodated. Fresno County Sheriff's Office Policy Manual Officer-Involved Shootings and Deaths Copyright Lexipol, LLC 2019/06/10, All Rights Reserved. Published with permission by Fresno County Sheriff's Office Officer-Involved Shootings and Deaths - 59 (a)Involved office members shall not be permitted to meet collectively or in a group with an attorney or any representative prior to providing a formal interview or report. (b)Requests from involved non-office members should be referred to their employing agency. (b)Discussions with licensed attorneys will be considered privileged as attorney-client communications. (c)Discussions with agency representatives/employee groups will be privileged only as to the discussion of non-criminal information (Government Code § 3303(i)). (d)A licensed psychotherapist shall be provided by the Office to each involved office member. A licensed psychotherpist may also be provided to any other affected office members, upon request. (a)Interviews with a licensed psychotherapist will be considered privileged. (b)An interview or session with a licensed psychotherapist may take place prior to the member providing a formal interview or report. However, involved members shall not be permitted to consult or meet collectively or in a group with a licensed psychotherapist prior to providing a formal interview or report. (c)A separate fitness-for-duty exam may also be required (see the Fitness for Duty Policy). (e)Although the Office will honor the sensitivity of communications with peer counselors, there is no legal privilege to such communications. Peer counselors are cautioned against discussing the facts of any incident with an involved or witness officer. Care should be taken to preserve the integrity of any physical evidence present on the involved member's equipment or clothing, such as blood or fingerprints, until investigators or crime scene unit personnel can properly retrieve it. Each involved office member shall be given reasonable paid administrative leave following an officer-involved shooting or death. It shall be the responsibility of the Unit Commander to make schedule adjustments to accommodate such leave. 305.6 CRIMINAL INVESTIGATION Fresno County Sheriff-Coroner's Office is ultimately responsible for the investigation into all officer- involved shootings that occur in our jurisdiction. The Fresno County District Attorney's Office will be notified of all officer-involved shootings and may assign personnel to monitor and assist in the investigation. Once the officer-involved shooting investigation is completed, all reports shall be forwarded to the District Attorney's Office for review to determine whether the shooting was legal and justified. Jurisdiction for the criminal investigation will be determined by the location of the shooting and the agency employing the involved deputy(ies)/officer(s): Fresno County Sheriff's Office Policy Manual Officer-Involved Shootings and Deaths Copyright Lexipol, LLC 2019/06/10, All Rights Reserved. Published with permission by Fresno County Sheriff's Office Officer-Involved Shootings and Deaths - 60 (a)Allied agency officer within this jurisdiction - The Fresno County Sheriff-Coroner's Office is responsible for conducting the criminal investigation whenever an officer from an allied agency is involved in an OIS within the County of Fresno. (b)Fresno County Sheriff-Coroner's Office member in another jurisdiction - The agency where the OIS occurred has the criminal jurisdiction and is responsible for conducting the criminal investigation of the incident. That agency may relinquish their authority to conduct a criminal investigation to another agency upon mutual agreement. A Fresno County Sheriff-Coroner's Office homicide detective will be assigned to monitor the allied agency investigation if they choose to keep the investigation. Once public safety issues have been addressed, criminal investigators should be given the opportunity to obtain a voluntary statement from involved officers and to complete their interviews. The following shall be considered for the involved officer: (a)FSO supervisors and Internal Affairs Unit personnel should not participate directly in any voluntary interview of office members. This will not prohibit such personnel from monitoring interviews or providing the criminal investigators with topics for inquiry. (b)If requested, any involved member will be afforded the opportunity to consult individually with a representative of his/her choosing or an attorney prior to speaking with criminal investigators (Government Code § 3303(i)). However, in order to maintain the integrity of each involved member’s statement, involved members shall not consult or meet with a representative or an attorney collectively or in groups prior to being interviewed. (c)If any involved member is physically, emotionally or otherwise not in a position to provide a voluntary statement when interviewed by criminal investigators, consideration should be given to allowing a reasonable period for the member to schedule an alternate time for the interview. (d)Any voluntary statement provided by an involved member will be made available for inclusion in any related investigation, including administrative investigations. 305.6.1 REPORTS BY INVOLVED OFFICE MEMBERS In the event that suspects remain outstanding or subject to prosecution for related offenses, this office shall retain the authority to require involved office members to provide sufficient information for related criminal reports to facilitate the apprehension and prosecution of those individuals (Government Code § 3304(a)). While the involved office member may write the report, it is generally recommended that such reports be completed by assigned investigators, who should interview all involved members as victims/witnesses. Since the purpose of these reports will be to facilitate criminal prosecution, statements of involved members should focus on evidence to establish the elements of criminal activities by suspects. Care should be taken not to duplicate information provided by involved members in other reports. Fresno County Sheriff's Office Policy Manual Officer-Involved Shootings and Deaths Copyright Lexipol, LLC 2019/06/10, All Rights Reserved. Published with permission by Fresno County Sheriff's Office Officer-Involved Shootings and Deaths - 61 Nothing in this section shall be construed to deprive an involved office member of the right to consult with legal counsel prior to completing any such criminal report. Reports related to the prosecution of criminal suspects will be processed according to normal procedures but should also be included for reference in the investigation of the officer-involved shooting or death. 305.6.2 WITNESS IDENTIFICATION AND INTERVIEWS Because potential witnesses to an officer-involved shooting or death may become unavailable or the integrity of their statements compromised with the passage of time, a supervisor should take reasonable steps to promptly coordinate with criminal investigators to utilize available personnel for the following: (a)Identification of all persons present at the scene and in the immediate area. 1.When feasible, a recorded statement should be obtained from those persons who claim not to have witnessed the incident but who were present at the time it occurred. 2.Any potential witness who is unwilling or unable to remain available for a formal interview should not be detained absent reasonable suspicion to detain or probable cause to arrest. Without detaining the individual for the sole purpose of identification, members should attempt to identify the witness prior to his/her departure. (b)Witnesses who are willing to provide a formal interview should be asked to meet at a suitable location where criminal investigators may obtain a recorded statement. Such witnesses, if willing, may be transported by a member of the Office. 1.A written, verbal or recorded statement of consent should be obtained prior to transporting a witness. When the witness is a minor, consent should be obtained from the parent or guardian, if available, prior to transportation. (c)Promptly contacting the suspect’s known family and associates to obtain any available and untainted background information about the suspect’s activities and state of mind prior to the incident. 305.6.2 INVESTIGATIVE PERSONNEL Once notified of an officer-involved shooting or death, it shall be the responsibility of the designated Detective Unit supervisor to assign appropriate investigative personnel to handle the investigation of related crimes. Office investigators will be assigned to work with investigators from the District Attorney's Office and may be assigned to separately handle the investigation of any related crimes not being investigated by the District Attorney's Office. All related office reports, except administrative and/or privileged reports, will be forwarded to the designated Detective Unit supervisor for approval. Privileged reports shall be maintained exclusively by members who are authorized such access. Administrative reports will be forwarded to the appropriate Bureau Commander. Fresno County Sheriff's Office Policy Manual Officer-Involved Shootings and Deaths Copyright Lexipol, LLC 2019/06/10, All Rights Reserved. Published with permission by Fresno County Sheriff's Office Officer-Involved Shootings and Deaths - 62 305.7 ADMINISTRATIVE INVESTIGATION In addition to all other investigations associated with an officer-involved shooting or death, this office will conduct an internal administrative investigation of office members to determine conformance with office policy. The investigation will be conducted under the supervision of the Internal Affairs Unit and will be considered a confidential personnel file. Interviews of members shall be subject to office policies and applicable laws (see the Personnel Complaints Policy). (a)Any member involved in a shooting or death may be requested or administratively compelled to provide a blood sample for alcohol/drug screening. Absent consent from the member, such compelled samples and the results of any such testing shall not be disclosed to any criminal investigative agency. (b)If any member has voluntarily elected to provide a statement to criminal investigators, the assigned administrative investigator should review that statement before proceeding with any further interview of that involved member. 1.If a further interview of the member is deemed necessary to determine policy compliance, care should be taken to limit the inquiry to new areas with minimal, if any, duplication of questions addressed in the voluntary statement. The involved member shall be provided with a copy of his/her prior statement before proceeding with any subsequent interviews. (c)In the event that an involved member has elected to not provide criminal investigators with a voluntary statement, the assigned administrative investigator shall conduct an administrative interview to determine all relevant information. 1.Although this interview should not be unreasonably delayed, care should be taken to ensure that the member’s physical and psychological needs have been addressed before commencing the interview. 2.If requested, the member shall have the opportunity to select an uninvolved representative to be present during the interview. However, in order to maintain the integrity of each individual member's statement, involved members shall not consult or meet with a representative or attorney collectively or in groups prior to being interviewed. 3.Administrative interviews should be recorded by the investigator. The member may also record the interview. 4.The member shall be informed of the nature of the investigation. If the member refuses to answer questions, he/she should be given his/her Lybarger rights and ordered to provide full and truthful answers to all questions. The member shall be informed that the interview will be for administrative purposes only and that the statement cannot be used criminally. 5.The Internal Affairs Unit shall compile all relevant information and reports necessary for the Office to determine compliance with applicable policies. 6.Regardless of whether the use of force is an issue in the case, the completed administrative investigation shall be submitted to the Professional Standards Fresno County Sheriff's Office Policy Manual Officer-Involved Shootings and Deaths Copyright Lexipol, LLC 2019/06/10, All Rights Reserved. Published with permission by Fresno County Sheriff's Office Officer-Involved Shootings and Deaths - 63 Review Board, which will restrict its findings as to whether there was compliance with the Use of Force Policy. 7.Any other indications of potential policy violations shall be determined in accordance with standard disciplinary procedures. 305.8 CIVIL LIABILITY RESPONSE A member of this office may be assigned to work exclusively under the direction of the legal counsel for the Office to assist in the preparation of materials deemed necessary in anticipation of potential civil litigation. All materials generated in this capacity shall be considered attorney work product and may not be used for any other purpose. The civil liability response is not intended to interfere with any other investigation but shall be given reasonable access to all other investigations. When an OIS involves an officer from an allied agency, the officer's employing agency will be responsible for any civil liability investigation. 305.9 AUDIO AND VIDEO RECORDINGS Any member involved in a shooting or death may be permitted to review available Mobile Audio/ Video (MAV), body-worn video, or other video or audio recordings prior to providing a recorded statement or completing reports. Upon request, non-law enforcement witnesses who are able to verify their presence and their ability to contemporaneously perceive events at the scene of an incident may also be permitted to review available MAV, body-worn video, or other video or audio recordings with approval of assigned investigators or a supervisor. Any MAV, body-worn and other known video or audio recordings of an incident should not be publicly released during an ongoing investigation without consulting the prosecuting attorney or County Counsel’s Office, as appropriate. 305.10 DEBRIEFING Following an officer-involved shooting or death, the Fresno County Sheriff's Office should conduct both a critical incident/stress debriefing and a tactical debriefing. 305.10.1 CRITICAL INCIDENT/STRESS DEBRIEFING A critical incident/stress debriefing should occur as soon as practicable. This debriefing should not be conducted until all involved members have provided formal statements to criminal investigators. The Human Resources Unit Commander is responsible for organizing the debriefing. Notes and recorded statements should not be taken because the sole purpose of the debriefing is to help mitigate the stress-related effects of a traumatic event. The debriefing is not part of any investigative process. Care should be taken not to release or repeat any communication made during a debriefing unless otherwise authorized by policy, law or a valid court order. Fresno County Sheriff's Office Policy Manual Officer-Involved Shootings and Deaths Copyright Lexipol, LLC 2019/06/10, All Rights Reserved. Published with permission by Fresno County Sheriff's Office Officer-Involved Shootings and Deaths - 64 Attendance at the debriefing shall only include those members of the Office directly involved in the incident, which can include support personnel (e.g., dispatchers, other non-sworn personnel). Family or other support personnel may attend with the concurrence of those involved in the incident. The debriefing shall be closed to the public and should be closed to all other members of the Office, including supervisory and Internal Affairs Unit personnel. 305.10.2 TACTICAL DEBRIEFING A tactical debriefing should take place to identify any training or areas of policy that need improvement. The Training Unit Manager should identify the appropriate participants. This debriefing should not be conducted until all involved members have provided recorded or formal statements to criminal and/or administrative investigators. 305.11 MEDIA RELATIONS All media contacts shall be handled by the Incident Commander, PIO, Watch Commander or the Sheriff through coordinated communication. The identities of involved members shall not be released absent their consent or as required by law. No involved member shall be subjected to contact from the media and no involved member shall make any comments to the media unless authorized by the Sheriff or designee. Members receiving inquiries regarding OIS incidents in other agency jurisdictions shall refrain from public comment and will direct those inquiries to the agency having jurisdiction and primary responsibility of the investigation. 305.12 REPORTING If the death of an individual occurs in the Fresno County Sheriff's Office jurisdiction and qualifies to be reported to the state as a justifiable homicide or an in-custody death, the Records Unit Commander will ensure that the Records Unit personnel will be provided with enough information to meet the reporting requirements (Penal Code § 196; Penal Code § 13022; Government Code § 12525). Policy 306 Fresno County Sheriff's Office Policy Manual Copyright Lexipol, LLC 2019/06/10, All Rights Reserved. Published with permission by Fresno County Sheriff's Office Firearms - 65 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'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's Office Policy Manual Firearms Copyright Lexipol, LLC 2019/06/10, All Rights Reserved. Published with permission by Fresno County Sheriff's Office Firearms - 66 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's Office Policy Manual Firearms Copyright Lexipol, LLC 2019/06/10, All Rights Reserved. Published with permission by Fresno County Sheriff's Office Firearms - 67 (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'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's Office Policy Manual Firearms Copyright Lexipol, LLC 2019/06/10, All Rights Reserved. Published with permission by Fresno County Sheriff's Office Firearms - 68 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's Office Policy Manual Firearms Copyright Lexipol, LLC 2019/06/10, All Rights Reserved. Published with permission by Fresno County Sheriff's Office Firearms - 69 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's Office Policy Manual Firearms Copyright Lexipol, LLC 2019/06/10, All Rights Reserved. Published with permission by Fresno County Sheriff's Office Firearms - 70 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's Office Policy Manual Firearms Copyright Lexipol, LLC 2019/06/10, All Rights Reserved. Published with permission by Fresno County Sheriff's Office Firearms - 71 306.5.2 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's Office Policy Manual Firearms Copyright Lexipol, LLC 2019/06/10, All Rights Reserved. Published with permission by Fresno County Sheriff's Office Firearms - 72 (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's Office Policy Manual Firearms Copyright Lexipol, LLC 2019/06/10, All Rights Reserved. Published with permission by Fresno County Sheriff's Office Firearms - 73 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's Office Policy Manual Firearms Copyright Lexipol, LLC 2019/06/10, All Rights Reserved. Published with permission by Fresno County Sheriff's Office Firearms - 74 (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'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'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'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's Office identification card whenever carrying such firearm. (b)The deputy is not the subject of any current disciplinary action. Fresno County Sheriff's Office Policy Manual Firearms Copyright Lexipol, LLC 2019/06/10, All Rights Reserved. Published with permission by Fresno County Sheriff's Office Firearms - 75 (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's Office Policy Manual Copyright Lexipol, LLC 2019/06/10, All Rights Reserved. Published with permission by Fresno County Sheriff's Office Vehicle Pursuits - 76 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's Office Policy Manual Vehicle Pursuits Copyright Lexipol, LLC 2019/06/10, All Rights Reserved. Published with permission by Fresno County Sheriff's Office Vehicle Pursuits - 77 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's Office Policy Manual Vehicle Pursuits Copyright Lexipol, LLC 2019/06/10, All Rights Reserved. Published with permission by Fresno County Sheriff's Office Vehicle Pursuits - 78 (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's Office Policy Manual Vehicle Pursuits Copyright Lexipol, LLC 2019/06/10, All Rights Reserved. Published with permission by Fresno County Sheriff's Office Vehicle Pursuits - 79 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's Office Policy Manual Vehicle Pursuits Copyright Lexipol, LLC 2019/06/10, All Rights Reserved. Published with permission by Fresno County Sheriff's Office Vehicle Pursuits - 80 (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's Office Policy Manual Vehicle Pursuits Copyright Lexipol, LLC 2019/06/10, All Rights Reserved. Published with permission by Fresno County Sheriff's Office Vehicle Pursuits - 81 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's Office Policy Manual Vehicle Pursuits Copyright Lexipol, LLC 2019/06/10, All Rights Reserved. Published with permission by Fresno County Sheriff's Office Vehicle Pursuits - 82 307.4 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's Office Policy Manual Vehicle Pursuits Copyright Lexipol, LLC 2019/06/10, All Rights Reserved. Published with permission by Fresno County Sheriff's Office Vehicle Pursuits - 83 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'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's Office Policy Manual Vehicle Pursuits Copyright Lexipol, LLC 2019/06/10, All Rights Reserved. Published with permission by Fresno County Sheriff's Office Vehicle Pursuits - 84 307.6.2 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's Office Policy Manual Vehicle Pursuits Copyright Lexipol, LLC 2019/06/10, All Rights Reserved. Published with permission by Fresno County Sheriff's Office Vehicle Pursuits - 85 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's Office Policy Manual Vehicle Pursuits Copyright Lexipol, LLC 2019/06/10, All Rights Reserved. Published with permission by Fresno County Sheriff's Office Vehicle Pursuits - 86 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's Office Policy Manual Vehicle Pursuits Copyright Lexipol, LLC 2019/06/10, All Rights Reserved. Published with permission by Fresno County Sheriff's Office Vehicle Pursuits - 87 307.8 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's Office Policy Manual Vehicle Pursuits Copyright Lexipol, LLC 2019/06/10, All Rights Reserved. Published with permission by Fresno County Sheriff's Office Vehicle Pursuits - 88 307.9 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's Office Policy Manual Copyright Lexipol, LLC 2019/06/10, All Rights Reserved. Published with permission by Fresno County Sheriff's Office Deputy Response to Calls - 89 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's Office Policy Manual Deputy Response to Calls Copyright Lexipol, LLC 2019/06/10, All Rights Reserved. Published with permission by Fresno County Sheriff's Office Deputy Response to Calls - 90 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's Office Policy Manual Deputy Response to Calls Copyright Lexipol, LLC 2019/06/10, All Rights Reserved. Published with permission by Fresno County Sheriff's Office Deputy Response to Calls - 91 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's Office Policy Manual Copyright Lexipol, LLC 2019/06/10, All Rights Reserved. Published with permission by Fresno County Sheriff's Office Canines - 92 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'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's Office Policy Manual Canines Copyright Lexipol, LLC 2019/06/10, All Rights Reserved. Published with permission by Fresno County Sheriff's Office Canines - 93 309.5 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's Office Policy Manual Canines Copyright Lexipol, LLC 2019/06/10, All Rights Reserved. Published with permission by Fresno County Sheriff's Office Canines - 94 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's Office Policy Manual Canines Copyright Lexipol, LLC 2019/06/10, All Rights Reserved. Published with permission by Fresno County Sheriff's Office Canines - 95 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's Office Policy Manual Canines Copyright Lexipol, LLC 2019/06/10, All Rights Reserved. Published with permission by Fresno County Sheriff's Office Canines - 96 (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's Office Policy Manual Canines Copyright Lexipol, LLC 2019/06/10, All Rights Reserved. Published with permission by Fresno County Sheriff's Office Canines - 97 (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'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's Office Policy Manual Canines Copyright Lexipol, LLC 2019/06/10, All Rights Reserved. Published with permission by Fresno County Sheriff's Office Canines - 98 (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'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's Office Policy Manual Canines Copyright Lexipol, LLC 2019/06/10, All Rights Reserved. Published with permission by Fresno County Sheriff's Office Canines - 99 (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'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'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. (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. Fresno County Sheriff's Office Policy Manual Canines Copyright Lexipol, LLC 2019/06/10, All Rights Reserved. Published with permission by Fresno County Sheriff's Office Canines - 100 (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's Office Policy Manual Copyright Lexipol, LLC 2019/06/10, All Rights Reserved. Published with permission by Fresno County Sheriff's Office Domestic Violence - 101 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'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's Office Policy Manual Domestic Violence Copyright Lexipol, LLC 2019/06/10, All Rights Reserved. Published with permission by Fresno County Sheriff's Office Domestic Violence - 102 (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's Office Policy Manual Domestic Violence Copyright Lexipol, LLC 2019/06/10, All Rights Reserved. Published with permission by Fresno County Sheriff's Office Domestic Violence - 103 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's Office Policy Manual Domestic Violence Copyright Lexipol, LLC 2019/06/10, All Rights Reserved. Published with permission by Fresno County Sheriff's Office Domestic Violence - 104 310.6 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's Office Policy Manual Domestic Violence Copyright Lexipol, LLC 2019/06/10, All Rights Reserved. Published with permission by Fresno County Sheriff's Office Domestic Violence - 105 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's Office Policy Manual Domestic Violence Copyright Lexipol, LLC 2019/06/10, All Rights Reserved. Published with permission by Fresno County Sheriff's Office Domestic Violence - 106 § 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's Office Policy Manual Domestic Violence Copyright Lexipol, LLC 2019/06/10, All Rights Reserved. Published with permission by Fresno County Sheriff's Office Domestic Violence - 107 310.9.5 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's Office Policy Manual Copyright Lexipol, LLC 2019/06/10, All Rights Reserved. Published with permission by Fresno County Sheriff's Office Discriminatory Harassment - 108 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'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 (Government Code § 12940(k); 2 CCR 11023). 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 the actual or perceived race, ethnicity, national origin, religion, sex, sexual orientation, gender identity or expression, age, disability, pregnancy, genetic information, veteran status, marital status and other classifications protected by law. Discriminatory harassment, including sexual harassment, is verbal or physical conduct that demeans or shows hostility or aversion toward an individual based upon that individual’s protected class. It has the effect of interfering with an individual’s work performance or creating a hostile or abusive work environment. Conduct that may, under certain circumstances, constitute discriminatory harassment, can include making derogatory comments, crude and offensive statements or remarks; making slurs or off-color jokes, stereotyping; engaging in threatening acts; making indecent gestures, pictures, cartoons, posters or material; making inappropriate physical contact; or using written material or 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. Fresno County Sheriff's Office Policy Manual Discriminatory Harassment Copyright Lexipol, LLC 2019/06/10, All Rights Reserved. Published with permission by Fresno County Sheriff's Office Discriminatory Harassment - 109 314.3.2 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 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. Fresno County Sheriff's Office Policy Manual Discriminatory Harassment Copyright Lexipol, LLC 2019/06/10, All Rights Reserved. Published with permission by Fresno County Sheriff's Office Discriminatory Harassment - 110 Any member who believes, in good faith, that he/she has been discriminated against, harassed or subjected to retaliation, or who has observed harassment or discrimination, is encouraged to promptly report such conduct in accordance with the procedures set forth in this policy. Supervisors and managers receiving information regarding alleged violations of this policy shall determine if there is any basis for the allegation and shall proceed with resolution as stated below. 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 The responsibilities of each supervisor and manager shall include, but are not limited to: (a)Continually monitoring the work environment and striving to ensure that it is free from all types of unlawful discrimination, including harassment or retaliation. (b)Taking prompt, appropriate action within their work units to avoid and minimize the incidence of any form of discrimination, harassment or retaliation. (c)Ensuring that his/her subordinates understand their responsibilities under this policy. (d)Ensuring that members who make complaints or who oppose any unlawful employment practices are protected from retaliation and that such matters are kept confidential to the extent possible. (e)Making a timely determination regarding the substance of any allegation based upon all available facts. (f)Notifying the Sheriff or Human Resource 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 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's Office Policy Manual Discriminatory Harassment Copyright Lexipol, LLC 2019/06/10, All Rights Reserved. Published with permission by Fresno County Sheriff's Office Discriminatory Harassment - 111 314.5 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's Office Policy Manual Discriminatory Harassment Copyright Lexipol, LLC 2019/06/10, All Rights Reserved. Published with permission by Fresno County Sheriff's Office Discriminatory Harassment - 112 •Approved by the Sheriff, the County Administrative Officer or the 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 of the disposition of the investigation. 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. All members shall receive annual training on the requirements of this policy. By acknowledging this policy, each member understands its contents and agrees 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, prevention of abusive conduct and harassment based on gender identity, gender expression and sexual orientation within six months of assuming a supervisory position. Refresher training shall be provided every two years thereafter (Government Code § 12950.1; 2 CCR 11024). 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 11024). 314.8 WORKING CONDITIONS The Operations Support Bureau Commander or the authorized designee should be responsible for reviewing facility design and working conditions for discriminatory practices. This person should collaborate with other County employees who are similarly tasked (2 CCR 11034). 314.9 REQUIRED POSTERS The Office shall display the required posters regarding discrimination, harassment and transgender rights in a prominent and accessible location for members (Government Code § 12950). Policy 315 Fresno County Sheriff's Office Policy Manual Copyright Lexipol, LLC 2019/06/10, All Rights Reserved. Published with permission by Fresno County Sheriff's Office Child Abuse - 113 Child Abuse 315.1 PURPOSE AND SCOPE The purpose of this policy is to provide guidelines for the investigation of suspected child abuse. This policy also addresses when Fresno County Sheriff's Office members are required to notify the county Child Protective Services (CPS) of suspected child abuse. 315.1.1 DEFINITIONS Definitions related to this policy include: Child - Unless otherwise specified by a cited statute, a child is any person under the age of 18 years. Child abuse - Any offense or attempted offense involving violence or neglect with a child victim when committed by a person responsible for the child’s care or any other act that would mandate notification to a social service agency or law enforcement (Penal Code § 11165.9; Penal Code § 11166). 315.2 POLICY The Fresno County Sheriff's Office will investigate all reported incidents of alleged criminal child abuse and ensure CPS is notified as required by law. 315.3 MANDATORY NOTIFICATION Child Protective Services (CPS) shall be notified when (Penal Code § 11166): (a)There is a known or suspected instance of child abuse or neglect reported, which is alleged to have occurred as a result of the action of a person responsible for the child's welfare, or (b)A person responsible for the child's welfare fails to adequately protect the child from abuse when the person knew or reasonably should have known that the child was in danger of abuse. The District Attorney’s office shall be notified in all instances of known or suspected child abuse or neglect reported to this office. Reports only involving neglect by a person, who has the care or custody of a child, to provide adequate food, clothing, shelter, medical care or supervision where no physical injury to the child has occurred should not be reported to the District Attorney (Penal Code § 11166). When the abuse or neglect occurs at a licensed facility or is alleged to have resulted from the actions of a person who is required to have a state license (e.g., foster homes, group homes, day care), notification shall also be made to the California Department of Social Services or other applicable licensing authority (Penal Code 11166.1; Penal Code 11166.2). For purposes of notification, the abuse or neglect includes physical injury or death inflicted by other than accidental means upon a child by another person; sexual abuse (Penal Code § 11165.1); neglect (Penal Code § 11165.2); the willful harming or injuring of a child or the endangering of the Fresno County Sheriff's Office Policy Manual Child Abuse Copyright Lexipol, LLC 2019/06/10, All Rights Reserved. Published with permission by Fresno County Sheriff's Office Child Abuse - 114 person or health of a child (Penal Code § 11165.3); and unlawful corporal punishment or injury (Penal Code § 11165.4). Child abuse or neglect does not include a mutual affray between minors, nor does it include an injury caused by the reasonable and necessary force used by a peace officer acting within the course and scope of his/her employment as a peace officer. 315.3.1 NOTIFICATION PROCEDURE Notification should occur as follows (Penal Code § 11166): (a)Notification shall be made immediately, or as soon as practicable, by telephone, fax or electronic transmission. (b)If a verbal report is received by telephone, a written follow-up report should be forwarded within 36 hours of receiving the information concerning the incident. 315.4 QUALIFIED INVESTIGATORS Qualified investigators should be available for child abuse investigations. These investigators should: (a)Conduct interviews in child appropriate interview facilities. (b)Be familiar with forensic interview techniques specific to child abuse investigations. (c)Present all cases of alleged child abuse to the prosecutor for review. (d)Coordinate with other enforcement agencies, social service agencies and school administrators as needed. (e)Provide referrals to therapy services, victim advocates, guardians and support for the child and family as appropriate. (f)Participate in or coordinate with multidisciplinary investigative teams as applicable (Welfare and Institutions Code § 18961.7). 315.5 INVESTIGATIONS AND REPORTING In all reported or suspected cases of child abuse, a report will be written. Deputies should consider writing a report even if the allegations appear unfounded or unsubstantiated. Investigations and reports related to suspected cases of child abuse should address, as applicable: (a)The overall basis for the contact. This should be done by the investigating deputy in all circumstances where a suspected child abuse victim was contacted. (b)The exigent circumstances that existed if deputies interviewed the child victim without the presence of a parent or guardian. (c)Any relevant statements the child may have made and to whom he/she made the statements. (d)If a child was taken into protective custody, the reasons and the name and title of the person making the decision. Fresno County Sheriff's Office Policy Manual Child Abuse Copyright Lexipol, LLC 2019/06/10, All Rights Reserved. Published with permission by Fresno County Sheriff's Office Child Abuse - 115 (e)Documentation of any visible injuries or any injuries identified by the child. This should include photographs of such injuries, if practicable. (f)Whether the child victim was transported for medical treatment or a medical examination. (g)Whether the victim identified a household member as the alleged perpetrator, and a list of the names of any other children, including date of birth and relationship to each other, who may reside in the residence. (h)Identification of any prior related reports or allegations of child abuse, including other jurisdictions, as reasonably known. (i)Previous addresses of the victim and suspect. (j)Other potential witnesses who have not yet been interviewed, such as relatives or others close to the victim’s environment. All cases of the unexplained death of a child should be investigated as thoroughly as if it had been a case of suspected child abuse (e.g., a sudden or unexplained death of an infant). 315.5.1 EXTRA JURISDICTIONAL REPORTS If a report of known or suspected child abuse or neglect that is alleged to have occurred outside this jurisdiction is received, office members shall ensure that the caller is immediately transferred to the agency with proper jurisdiction for the investigation of the case. If the caller cannot be successfully transferred to the appropriate agency, a report shall be taken and immediately referred by telephone, fax or electronic transfer to the agency with proper jurisdiction (Penal Code 11165.9). 315.6 PROTECTIVE CUSTODY When taking any child into protective custody, the deputy will contact CPS. Prior to taking a child into protective custody, the deputy should take reasonable steps to deliver the child to another qualified parent or legal guardian, unless it reasonably appears that the release would endanger the child or result in abduction. If this is not a reasonable option, the deputy shall ensure that the child is delivered to CPS. Whenever practicable, the deputy should inform a supervisor of the circumstances prior to taking a child into protective custody. If prior notification is not practicable, deputies should contact a supervisor promptly after taking a child into protective custody. Children may only be removed from a parent or guardian in the following situations when a court order cannot reasonably be obtained in a timely manner (Welfare and Institutions Code § 305): (a)The deputy reasonably believes the child is a person described in Welfare and Institutions Code § 300, or a commercially exploited child under Penal Code §647 and Penal Code § 653.22, and further has good cause to believe that any of the following conditions exist: 1.The child has an immediate need for medical care. Fresno County Sheriff's Office Policy Manual Child Abuse Copyright Lexipol, LLC 2019/06/10, All Rights Reserved. Published with permission by Fresno County Sheriff's Office Child Abuse - 116 2.The child is in immediate danger of physical or sexual abuse. 3.The physical environment or the fact that the child is left unattended poses an immediate threat to the child’s health or safety. In the case of a child left unattended, the deputy shall first attempt to locate and determine if a responsible parent or guardian is available and capable of assuming custody before taking the child into protective custody. (b)The deputy reasonably believes the child requires protective custody under the provisions of Penal Code § 279.6, in one of the following circumstances: 1.It reasonably appears to the deputy that a person is likely to conceal the child, flee the jurisdiction with the child or, by flight or concealment, evade the authority of the court. 2.There is no lawful custodian available to take custody of the child. 3.There are conflicting custody orders or conflicting claims to custody and the parties cannot agree which party should take custody of the child. 4.The child is an abducted child. (c)The child is in the company of, or under the control of, a person arrested for Penal Code § 278 or Penal Code § 278.5. A child taken into protective custody shall be delivered to CPS unless otherwise directed by court order. 315.6.1 CALIFORNIA SAFELY SURRENDERED BABY LAW An individual having lawful custody of an infant less than 72 hours old is not guilty of abandonment if the individual voluntarily surrenders physical custody of the infant to personnel on-duty at a safe- surrender site, such as a hospital or fire department (Penal Code § 271.5). The law requires the surrender site to notify CPS. 315.6.2 NEWBORNS TESTING POSITIVE FOR DRUGS Under certain circumstances, deputies can be prohibited from taking a newborn who is the subject of a proposed adoption into protective custody, even when the newborn has tested positive for illegal drugs or the birth mother tested positive for illegal drugs. Deputies shall instead follow the provisions of Welfare and Institutions Code § 305.6 to ensure that the newborn is placed with the adoptive parents when it is appropriate. 315.7 INTERVIEWS 315.7.1 PRELIMINARY INTERVIEWS Absent extenuating circumstances or impracticality, deputies should record the preliminary interview with suspected child abuse victims. Deputies should avoid multiple interviews with a child victim and should attempt to gather only the information necessary to begin an investigation. Fresno County Sheriff's Office Policy Manual Child Abuse Copyright Lexipol, LLC 2019/06/10, All Rights Reserved. Published with permission by Fresno County Sheriff's Office Child Abuse - 117 315.7.2 DETAINING SUSPECTED CHILD ABUSE VICTIMS FOR AN INTERVIEW A deputy should not detain a child involuntarily who is suspected of being a victim of child abuse solely for the purpose of an interview or physical exam without the consent of a parent or guardian unless one of the following applies: (a)Exigent circumstances exist, such as: 1.A reasonable belief that medical issues of the child need to be addressed immediately. 2.A reasonable belief that the child is or will be in danger of harm if the interview or physical exam is not immediately completed. 3.The alleged offender is the custodial parent or guardian and there is reason to believe the child may be in continued danger. (b)A court order or warrant has been issued. 315.7.3 INTERVIEWS AT A SCHOOL Any student at school who is a suspected victim of child abuse shall be afforded the option of being interviewed in private or selecting any qualified available adult member of the school staff to be present. The purpose of the staff member’s presence is to provide comfort and support. The staff member shall not participate in the interview. The selection of a staff member should be such that it does not burden the school with costs or hardship (Penal Code § 11174.3). 315.8 MEDICAL EXAMINATIONS If the child has been the victim of abuse that requires a medical examination, the investigating deputy should obtain consent for such examination from the appropriate parent, guardian or agency having legal custody of the child. The deputy should also arrange for the child’s transportation to the appropriate medical facility. In cases where the alleged offender is the custodial parent or guardian and is refusing consent for the medical examination, deputies should notify a supervisor before proceeding. If exigent circumstances do not exist or if state law does not provide for deputies to take the child for a medical examination, the notified supervisor should consider obtaining a court order for such an examination. 315.9 DRUG-ENDANGERED CHILDREN A coordinated response by law enforcement and social services agencies is appropriate to meet the immediate and longer-term medical and safety needs of children exposed to the manufacturing, trafficking or use of narcotics. 315.9.1 SUPERVISOR RESPONSIBILITIES The Abuse Unit supervisor should: (a)Work with professionals from the appropriate agencies, including CPS, other law enforcement agencies, medical service providers and local prosecutors to develop Fresno County Sheriff's Office Policy Manual Child Abuse Copyright Lexipol, LLC 2019/06/10, All Rights Reserved. Published with permission by Fresno County Sheriff's Office Child Abuse - 118 community specific procedures for responding to situations where there are children endangered by exposure to methamphetamine labs or the manufacture and trafficking of other drugs. (b)Activate any available interagency response when a deputy notifies the Abuse Unit supervisor that the deputy has responded to a drug lab or other narcotics crime scene where a child is present or where evidence indicates that a child lives there. 315.9.2 DEPUTY RESPONSIBILITIES Deputies responding to a drug lab or other narcotics crime scene where a child is present or where there is evidence that a child lives should: (a)Document the environmental, medical, social and other conditions of the child using photography as appropriate and the checklist or form developed for this purpose. (b)Notify the Abuse Unit supervisor so an interagency response can begin. 315.10 STATE MANDATES AND OTHER RELEVANT LAWS California requires or permits the following: 315.10.1 RELEASE OF REPORTS Information related to incidents of child abuse or suspected child abuse shall be confidential and may only be disclosed pursuant to state law and the Records Maintenance and Release Policy (Penal Code 841.5; Penal Code § 11167.5). 315.10.2 REQUESTS FOR REMOVAL FROM THE CHILD ABUSE CENTRAL INDEX (CACI) Any person whose name has been forwarded to the California Department of Justice (DOJ) for placement in California’s CACI, as a result of an investigation, may request that his/her name be removed from the CACI list. Requests shall not qualify for consideration if there is an active case, ongoing investigation or pending prosecution that precipitated the entry to CACI (Penal Code § 11169). All requests for removal shall be submitted in writing by the requesting person and promptly routed to the CACI hearing officer. 315.10.3 CACI HEARING OFFICER The Aubse Unit supervisor will normally serve as the hearing officer but must not be actively connected with the case that resulted in the person’s name being submitted to CACI. Upon receiving a qualified request for removal, the hearing officer shall promptly schedule a hearing to take place during normal business hours and provide written notification of the time and place of the hearing to the requesting party. 315.10.4 CACI HEARING PROCEDURES The hearing is an informal process where the person requesting removal from the CACI list will be permitted to present relevant evidence (e.g., certified copy of an acquittal, factual finding of innocence) as to why his/her name should be removed. The person requesting the hearing may record the hearing at his/her own expense. Fresno County Sheriff's Office Policy Manual Child Abuse Copyright Lexipol, LLC 2019/06/10, All Rights Reserved. Published with permission by Fresno County Sheriff's Office Child Abuse - 119 Formal rules of evidence will not apply and the hearing officer may consider, in addition to evidence submitted by the person requesting the hearing, any relevant information including, but not limited to, the following: (a)Case reports including any supplemental reports (b)Statements by investigators (c)Statements from representatives of the District Attorney’s Office (d)Statements by representatives of a child protective agency who may be familiar with the case After considering all information presented, the hearing officer shall make a determination as to whether the requesting party’s name should be removed from the CACI list. Such determination shall be based on a finding that the allegations in the investigation are not substantiated (Penal Code § 11169). If, after considering the evidence, the hearing officer finds that the allegations are not substantiated, he/she shall cause a request to be completed and forwarded to the DOJ that the person’s name be removed from the CACI list. A copy of the hearing results and the request for removal will be attached to the case reports. The findings of the hearing officer shall be considered final and binding. 315.10.5 CHILD DEATH REVIEW TEAM This office should cooperate with any interagency child death review team investigation (Penal Code § 11174.32). 315.11 TRAINING The Office should provide training on best practices in child abuse investigations to members tasked with investigating these cases. The training should include: (a)Participating in multidisciplinary investigations, as appropriate. (b)Conducting forensic interviews. (c)Availability of therapy services for children and families. (d)Availability of specialized forensic medical exams. (e)Cultural competence (including interpretive services) related to child abuse investigations. (f)Availability of victim advocate or guardian. Policy 316 Fresno County Sheriff's Office Policy Manual Copyright Lexipol, LLC 2019/06/10, All Rights Reserved. Published with permission by Fresno County Sheriff's Office Missing Persons - 120 Missing Persons 316.1 PURPOSE AND SCOPE This policy provides guidance for handling missing person investigations. 316.1.1 DEFINITIONS At risk - Includes, but is not limited to (Penal Code § 14215): •A victim of a crime or foul play. •A person missing and in need of medical attention. •A missing person with no pattern of running away or disappearing. •A missing person who may be the victim of parental abduction. •A mentally impaired missing person, including cognitively impaired or developmentally disabled. Missing person - Any person who is reported missing to law enforcement when the person’s location is unknown. This includes a child who has been taken, detained, concealed, enticed away or kept by a parent in violation of the law (Penal Code § 277 et seq.). It also includes any child who is missing voluntarily, involuntarily or under circumstances that do not conform to his/her ordinary habits or behavior, and who may be in need of assistance (Penal Code § 14215). Missing person networks - Databases or computer networks available to law enforcement and that are suitable for information related to missing persons investigations. These include the National Crime Information Center (NCIC), the California Law Enforcement Telecommunications System (CLETS), Missing Person System (MPS) and the Unidentified Persons System (UPS). 316.2 POLICY The Fresno County Sheriff's Office does not consider any report of a missing person to be routine and assumes that the missing person is in need of immediate assistance until an investigation reveals otherwise. The Fresno County Sheriff's Office gives missing person cases priority over property-related cases and will not require any time frame to pass before beginning a missing person investigation (Penal Code § 14211). 316.3 REQUIRED FORMS AND BIOLOGICAL SAMPLE COLLECTION KITS The Sex Crimes supervisor should ensure the forms and kits are developed and available in accordance with this policy, state law, federal law and the California Peace Officer Standards and Training (POST) Missing Persons Investigations guidelines, including: •Office report form for use in missing person cases •Missing person investigation checklist that provides investigation guidelines and resources that could be helpful in the early hours of a missing person investigation (Penal Code § 13519.07) Fresno County Sheriff's Office Policy Manual Missing Persons Copyright Lexipol, LLC 2019/06/10, All Rights Reserved. Published with permission by Fresno County Sheriff's Office Missing Persons - 121 •Medical records release form from the California Department of Justice •California DOJ missing person forms as appropriate 316.4 ACCEPTANCE OF REPORTS Any member encountering a person who wishes to report a missing person or runaway shall render assistance without delay (Penal Code § 14211). This can be accomplished by accepting the report via telephone or in-person and initiating the investigation. Those members who do not take such reports or who are unable to render immediate assistance shall promptly dispatch or alert a member who can take the report. A report shall be accepted in all cases and regardless of where the person was last seen, where the person resides or any other question of jurisdiction (Penal Code § 14211). 316.5 INITIAL INVESTIGATION Deputies or other members conducting the initial investigation of a missing person should take the following investigative actions, as applicable: (a)Respond to a dispatched call for service as soon as practicable. (b)Interview the reporting party and any witnesses to determine whether the person qualifies as a missing person and, if so, whether the person may be at risk. (c)Notify a supervisor immediately if there is evidence that a missing person is either at risk or may qualify for a public alert, or both (see the Public Alerts Policy). (d)Broadcast a "Be on the Look-Out" (BOLO) bulletin if the person is under 21 years of age or there is evidence that the missing person is at risk. The BOLO should be broadcast as soon as practicable but in no event more than one hour after determining the missing person is under 21 years of age or may be at risk (Penal Code § 14211). (e)Ensure that entries are made into the appropriate missing person networks as follows: 1.Immediately, when the missing person is at risk. 2.In all other cases, as soon as practicable, but not later than two hours from the time of the initial report. (f)Complete the appropriate report forms accurately and completely and initiate a search as applicable under the facts. (g)Collect and/or review: 1.A photograph and a fingerprint card of the missing person, if available. 2.Any documents that may assist in the investigation, such as court orders regarding custody. 3.Any other evidence that may assist in the investigation, including personal electronic devices (e.g., cell phones, computers). Fresno County Sheriff's Office Policy Manual Missing Persons Copyright Lexipol, LLC 2019/06/10, All Rights Reserved. Published with permission by Fresno County Sheriff's Office Missing Persons - 122 (h)When circumstances permit and if appropriate, attempt to determine the missing person’s location through his/her telecommunications carrier. (i)Contact the appropriate agency if the report relates to a previously made missing person report and another agency is actively investigating that report. When this is not practical, the information should be documented in an appropriate report for transmission to the appropriate agency. If the information relates to an at-risk missing person, the member should notify a supervisor and proceed with reasonable steps to locate the missing person. 316.6 REPORT PROCEDURES AND ROUTING Employees should complete all missing person reports and forms promptly and advise the appropriate supervisor as soon as a missing person report is ready for review. 316.6.1 SUPERVISOR RESPONSIBILITIES The responsibilities of the supervisor shall include, but are not limited to: (a)Reviewing and verifying missing person reports upon receipt. 1.The reports should be promptly sent to the Records Unit. (b)Ensuring resources are deployed as appropriate. (c)Initiating a command post as needed. (d)Ensuring applicable notifications and public alerts are made and documented. (e)Ensuring that records have been entered into the appropriate missing persons networks. (f)Taking reasonable steps to identify and address any jurisdictional issues to ensure cooperation among agencies. If the case falls within the jurisdiction of another agency, the supervisor should facilitate transfer of the case to the agency of jurisdiction. 316.6.2 RECORDS UNIT RESPONSIBILITIES The receiving member shall: (a)As soon as reasonable under the circumstances, notify and forward a copy of the report to the law enforcement agency having jurisdiction over the missing person’s residence in cases where the missing person is a resident of another jurisdiction (Penal Code § 14211). (b)Notify the law enforcement agency in whose jurisdiction the missing person was last seen (Penal Code § 14211). (c)Notify the law enforcement agency having jurisdiction over the missing person’s intended or possible destination, if known. (d)Forward a copy of the report to the Detective Bureau. Fresno County Sheriff's Office Policy Manual Missing Persons Copyright Lexipol, LLC 2019/06/10, All Rights Reserved. Published with permission by Fresno County Sheriff's Office Missing Persons - 123 (e)Coordinate with the NCIC Terminal Contractor for California to have the missing person record in the NCIC computer networks updated with additional information obtained from missing person investigations (42 USC § 5780). 316.7 DETECTIVE BUREAU FOLLOW-UP In addition to completing or continuing any actions listed above, the investigator assigned to a missing person investigation: (a)Shall ensure that the missing person’s school is notified within 10 days if the missing person is a juvenile. 1.The notice shall be in writing and should also include a photograph (Education Code § 49068.6). 2.The investigator should meet with school officials regarding the notice as appropriate to stress the importance of including the notice in the child’s student file, along with contact information if the school receives a call requesting the transfer of the missing child’s files to another school. (b)Should recontact the reporting person and/or other witnesses within 30 days of the initial report and within 30 days thereafter to determine if any additional information has become available via the reporting party. (c)Should consider contacting other agencies involved in the case to determine if any additional information is available. (d)Shall verify and update CLETS, NCIC and any other applicable missing person networks within 30 days of the original entry into the networks and every 30 days thereafter until the missing person is located (42 USC § 5780). (e)Should continue to make reasonable efforts to locate the missing person and document these efforts at least every 30 days. (f)Shall maintain a close liaison with state and local child welfare systems and the National Center for Missing and Exploited Children® (NCMEC) if the missing person is under the age of 21 and shall promptly notify NCMEC when the person is missing from a foster care family home or childcare institution (42 USC § 5780). (g)Should make appropriate inquiry with the Coroner. (h)Should obtain and forward medical and dental records, photos, X-rays and biological samples pursuant to Penal Code § 14212 and Penal Code § 14250. (i)Shall attempt to obtain the most recent photograph for persons under 18 years of age if it has not previously been obtained and forward the photograph to California DOJ (Penal Code § 14210) and enter the photograph into applicable missing person networks (42 USC § 5780). Fresno County Sheriff's Office Policy Manual Missing Persons Copyright Lexipol, LLC 2019/06/10, All Rights Reserved. Published with permission by Fresno County Sheriff's Office Missing Persons - 124 (j)Should consider making appropriate entries and searches in the National Missing and Unidentified Persons System (NamUs). (k)In the case of an at-risk missing person or a person who has been missing for an extended time, should consult with a supervisor regarding seeking federal assistance from the FBI and the U.S. Marshals Service (28 USC § 586). 316.8 WHEN A MISSING PERSON IS FOUND When any person reported missing is found, the responding Deputy shall document the location of the missing person in the appropriate report, notify the relatives and/or reporting party, as appropriate, and other involved agencies and refer the case for additional investigation if warranted. The Records Unit Commander shall ensure that, upon receipt of information that a missing person has been located, the following occurs (Penal Code § 14213): (a)Notification is made to California DOJ. (b)The missing person’s school is notified. (c)Entries are made in the applicable missing person networks. (d)Immediately notify the Attorney General’s Office. (e)Notification shall be made to any other law enforcement agency that took the initial report or participated in the investigation within 24 hours. 316.8.1 UNIDENTIFIED PERSONS Office members investigating a case of an unidentified person who is deceased or a living person who cannot assist in identifying him/herself should: (a)Obtain a complete description of the person. (b)Enter the unidentified person’s description into the NCIC Unidentified Person File. (c)Use available resources, such as those related to missing persons, to identify the person. 316.9 CASE CLOSURE The Sex Crimes supervisor may authorize the closure of a missing person case after considering the following: (a)Closure is appropriate when the missing person is confirmed returned or evidence has matched an unidentified person or body. (b)If the missing person is a resident of the unincorporated area of Fresno County or this office is the lead agency, the case should be kept under active investigation for as long as the person may still be alive. Exhaustion of leads in the investigation should not be a reason for closing a case. Fresno County Sheriff's Office Policy Manual Missing Persons Copyright Lexipol, LLC 2019/06/10, All Rights Reserved. Published with permission by Fresno County Sheriff's Office Missing Persons - 125 (c)If this office is not the lead agency, the case can be made inactive if all investigative leads have been exhausted, the lead agency has been notified and entries are made in the applicable missing person networks as appropriate. (d)A missing person case should not be closed or reclassified because the person would have reached a certain age or adulthood or because the person is now the subject of a criminal or civil warrant. 316.10 TRAINING Subject to available resources, the Training Unit Commander should ensure that members of this office whose duties include missing person investigations and reports receive regular training that includes: (a)The initial investigation: 1.Assessments and interviews 2.Confirming missing status and custody status of minors 3.Evaluating the need for a heightened response 4.Identifying the zone of safety based on chronological age and developmental stage (b)Briefing of office members at the scene. (c)Identifying NCIC Missing Person File categories (e.g., disability, endangered, involuntary, juvenile and catastrophe). (d)Verifying the accuracy of all descriptive information. (e)Initiating a neighborhood investigation. (f)Investigating any relevant recent family dynamics. (g)Addressing conflicting information. (h)Key investigative and coordination steps. (i)Managing a missing person case. (j)Additional resources and specialized services. (k)Update procedures for case information and descriptions. (l)Preserving scenes. (m)Internet and technology issues (e.g., Internet use, cell phone use). (n)Media relations. Policy 317 Fresno County Sheriff's Office Policy Manual Copyright Lexipol, LLC 2019/06/10, All Rights Reserved. Published with permission by Fresno County Sheriff's Office Public Alerts - 126 Public Alerts 317.1 PURPOSE AND SCOPE The purpose of this policy is to provide guidelines for alerting the public to important information and soliciting public aid when appropriate. 317.2 POLICY Public alerts may be employed using the Emergency Alert System (EAS), local radio, television, social media and press organizations and other groups to notify the public of incidents, or enlist the aid of the public, when the exchange of information may enhance the safety of the community. Various types of alerts may be available based upon each situation and the alert system’s individual criteria. 317.3 RESPONSIBILITIES 317.3.1 EMPLOYEE RESPONSIBILITIES Employees of the Fresno County Sheriff's Office should notify their supervisor or Watch Commander as soon as practicable upon learning of a situation where public notification, a warning or enlisting the help of the media and public could assist in locating a missing person, apprehending a dangerous person or gathering information. 317.3.2 SUPERVISOR RESPONSIBILITIES A supervisor apprised of the need for a public alert is responsible to make the appropriate notifications to the Watch Commander based upon the circumstances of each situation. The Watch Commander shall promptly notify the appropriate Bureau Commander, the Public Information Officer and, when necessary, the Sheriff, via the chain of command, when any public alert is generated. The supervisor in charge of the investigation to which the alert relates is responsible for the following: (a)Updating alerts (b)Canceling alerts (c)Ensuring all appropriate reports are completed (d)Preparing an after-action evaluation of the investigation to be forwarded to the Bureau Commander 317.4 AMBER ALERTS The AMBER Alert™ Program is a voluntary partnership between law enforcement agencies, broadcasters, transportation agencies and the wireless industry, to activate urgent bulletins in child abduction cases. Fresno County Sheriff's Office Policy Manual Public Alerts Copyright Lexipol, LLC 2019/06/10, All Rights Reserved. Published with permission by Fresno County Sheriff's Office Public Alerts - 127 317.4.1 CRITERIA FOR AMBER ALERT The following conditions must be met before activating an AMBER Alert (Government Code § 8594(a)): (a)A child has been abducted or taken by anyone, including but not limited to a custodial parent or guardian. (b)The victim is 17 years of age or younger, or has a proven mental or physical disability. (c)The victim is in imminent danger of serious injury or death. (d)There is information available that, if provided to the public, could assist in the child’s safe recovery. 317.4.2 PROCEDURE FOR AMBER ALERT The supervisor in charge will ensure the following: (a)An initial press release is prepared that includes all available information that might aid in locating the child: 1.The child’s identity, age and description 2.Photograph if available 3.The suspect’s identity, age and description, if known 4.Pertinent vehicle description 5.Detail regarding location of incident, direction of travel, potential destinations, if known 6.Name and telephone number of the Public Information Officer or other authorized individual to handle media liaison 7.A telephone number for the public to call with leads or information (b)The local California Highway Patrol communications center should be contacted to initiate a multi-regional or statewide EAS broadcast, following any policies and procedures developed by CHP (Government Code § 8594). (c)The press release information is forwarded to the Sheriff - Coroner’s Office Communications Center so that general broadcasts can be made to local law enforcement agencies. (d)Information regarding the missing person shall be entered into the California Law Enforcement Telecommunication System (CLETS). (e)Information regarding the missing person shall be entered into the California Department of Justice Missing and Unidentified Persons System (MUPS)/National Crime Information Center (NCIC). (f)The following resources should be considered as circumstances dictate: Fresno County Sheriff's Office Policy Manual Public Alerts Copyright Lexipol, LLC 2019/06/10, All Rights Reserved. Published with permission by Fresno County Sheriff's Office Public Alerts - 128 1.The local FBI office 2.National Center for Missing and Exploited Children (NCMEC) 317.5 BLUE ALERTS Blue Alerts may be issued when a deputy is killed, injured or assaulted and the suspect may pose a threat to the public or other law enforcement personnel. 317.5.1 CRITERIA FOR BLUE ALERTS All of the following conditions must be met before activating a Blue Alert (Government Code § 8594.5): (a)A law enforcement officer has been killed, suffered serious bodily injury or has been assaulted with a deadly weapon, and the suspect has fled the scene of the offense. (b)The investigating law enforcement agency has determined that the suspect poses an imminent threat to the public or other law enforcement personnel. (c)A detailed description of the suspect’s vehicle or license plate is available for broadcast. (d)Public dissemination of available information may help avert further harm or accelerate apprehension of the suspect. 317.5.2 PROCEDURE FOR BLUE ALERT The supervisor in charge should ensure the following: (a)An initial press release is prepared that includes all available information that might aid in locating the suspect: 1.The license number and/or any other available description or photograph of the vehicle 2.Photograph, description and/or identification of the suspect 3.The suspect’s identity, age and description, if known 4.Detail regarding location of incident, direction of travel, potential destinations, if known 5.Name and telephone number of the Public Information Officer or other authorized individual to handle media liaison 6.A telephone number for the public to call with leads or information (b)The local California Highway Patrol communications center is contacted to initiate a multi-regional or statewide EAS broadcast. Fresno County Sheriff's Office Policy Manual Public Alerts Copyright Lexipol, LLC 2019/06/10, All Rights Reserved. Published with permission by Fresno County Sheriff's Office Public Alerts - 129 (c)The information in the press release is forwarded to the Sheriff - Coroner’s Office Communications Center so that general broadcasts can be made to local law enforcement agencies. (d)The following resources should be considered as circumstances dictate: 1.Entry into the California Law Enforcement Telecommunication System (CLETS) 2.The FBI local office 317.6 SILVER ALERTS Silver Alerts® is an emergency notification system for people who are 65 years of age or older, developmentally disabled or cognitively impaired and have been reported missing (Government Code § 8594.10). 317.6.1 CRITERIA FOR SILVER ALERTS All of the following conditions must be met before activating a Silver Alert (Government Code § 8594.10): (a)The missing person is 65 years of age or older, developmentally disabled or cognitively impaired. (b)The office has utilized all available local resources. (c)The investigating deputy or supervisor has determined that the person is missing under unexplained or suspicious circumstances. (d)The investigating deputy or supervisor believes that the person is in danger because of age, health, mental or physical disability, environment or weather conditions, that the person is in the company of a potentially dangerous person, or that there are other factors indicating that the person may be in peril. (e)There is information available that, if disseminated to the public, could assist in the safe recovery of the missing person. 317.6.2 PROCEDURE FOR SILVER ALERT Requests for a Silver Alert shall be made through the California Highway Patrol (Government Code § 8594.10). 317.7 MUTUAL AID The experiences of other law enforcement jurisdictions that have implemented similar plans indicate an AMBER Alert or Blue Alert will generate a high volume of telephone calls to the handling agency. The Department Operations Center (DOC) facilities and staff can be made available in the event of a high call volume. Fresno County Sheriff's Office Policy Manual Public Alerts Copyright Lexipol, LLC 2019/06/10, All Rights Reserved. Published with permission by Fresno County Sheriff's Office Public Alerts - 130 If the Watch Commander or available supervisor elects to use the services of the DOC, the following will apply: (a)Notify the Sheriff - Coroner’s Office Watch Commander of the incident and the request for assistance. He/she will provide you with a telephone number for the public to call. (b)In the press release, direct the public to the telephone number provided by the Sheriff - Coroner’s Office Watch Commander. (c)The Public Information Officer will continue to handle all press releases and media inquiries. Any press inquiries received by the Sheriff - Coroner’s Office will be referred back to the PIO. The Fresno County Sheriff's Office should assign a minimum of two members to respond to the DOC to screen and relay information and any clues received from incoming calls. As circumstances dictate, more staff resources from the handling law enforcement agency may be necessary to assist the staff at the Communications Center. 317.8 YELLOW ALERTS Yellow Alerts are notifications related to hit-and-run incidents resulting in death or injury (Vehicle Code § 20001; Government Code § 8594.15). 317.8.1 CRITERIA FOR YELLOW ALERTS All of the following conditions must be met before requesting the activation of a Yellow Alert (Government Code § 8594.15): (a)A person has been killed or has suffered serious bodily injury due to a hit-and-run. (b)It is likely the suspect may be seen on a state highway. (c)There is additional information concerning the suspect’s vehicle, including, but not limited to any of the following: 1.The suspect or the suspect’s vehicle can be particularly described (e.g., a complete or partial license plate number) 2.Unique vehicle characteristics (e.g., make, model and color of suspect’s vehicle) 3.The identity of the suspect (d)Public assistance can mitigate danger to the public or quicken the apprehension of the suspect. 317.8.2 PROCEDURE FOR YELLOW ALERT Requests for a Yellow Alert shall be made through the California Highway Patrol (Government Code § 8594.15). Policy 318 Fresno County Sheriff's Office Policy Manual Copyright Lexipol, LLC 2019/06/10, All Rights Reserved. Published with permission by Fresno County Sheriff's Office Victim and Witness Assistance - 131 Victim and Witness Assistance 318.1 PURPOSE AND SCOPE The purpose of this policy is to ensure that crime victims and witnesses receive appropriate assistance, that they are provided with information from government and private resources, and that the agency meets all related legal mandates. 318.2 POLICY The Fresno County Sheriff's Office is committed to providing guidance and assistance to the victims and witnesses of crime. The members of the Fresno County Sheriff's Office will show compassion and understanding for victims and witnesses and will make reasonable efforts to provide the support and information identified in this policy. 318.3 CRIME VICTIM LIAISON The Sheriffshall appoint a member of the Office to serve as the crime victim liaison (2 CCR 649.36). The crime victim liaison will be the point of contact for individuals requiring further assistance or information from the Fresno County Sheriff's Office regarding benefits from crime victim resources. This person shall also be responsible for maintaining compliance with all legal mandates related to crime victims and/or witnesses. 318.3.1 CRIME VICTIM LIAISON DUTIES The crime victim liaison is specifically tasked with the following: (a)Developing and implementing written procedures for notifying and providing forms for filing with the California Victim Compensation Board (CalVCB) to crime victims, their dependents or family (Government Code § 13962; 2 CCR 649.35; 2 CCR 649.36). (b)Responding to inquiries concerning the procedures for filing a claim with CalVCB (2 CCR 649.36). (c)Providing copies of crime reports requested by CalVCB or victim witness assistance centers. Disclosure of reports must comply with the Records Maintenance and Release Policy. (d)Developing in consultation with sexual assault experts a sexual assault victim card explaining the rights of victims under California law (Penal Code § 680.2). 1.Ensuring that sufficient copies of the rights of sexual assault victim card are provided to each provider of medical evidentiary examinations or physical examinations arising out of sexual assault in the Fresno County Sheriff's Office jurisdiction (Penal Code § 680.2). 318.4 CRIME VICTIMS Deputies should provide all victims with the applicable victim information handouts. Deputies should never guarantee a victim’s safety from future harm but may make practical safety suggestions to victims who express fear of future harm or retaliation. Deputies should never Fresno County Sheriff's Office Policy Manual Victim and Witness Assistance Copyright Lexipol, LLC 2019/06/10, All Rights Reserved. Published with permission by Fresno County Sheriff's Office Victim and Witness Assistance - 132 guarantee that a person qualifies as a victim for the purpose of compensation or restitution but may direct him/her to the proper written office material or available victim resources. 318.4.1 VICTIMS OF HUMAN TRAFFICKING Deputies investigating or receiving a report involving a victim of human trafficking shall inform the victim, or the victim’s parent or guardian if the victim is a minor, that upon the request of the victim the names and images of the victim and his/her immediate family members may be withheld from becoming a matter of public record until the conclusion of the investigation or prosecution (Penal Code § 293). 318.5 VICTIM INFORMATION The Detective Bureau Commander shall ensure that victim information handouts are available and current. These should include as appropriate: (a)Shelters and other community resources for victims of domestic violence. (b)Community resources for victims of sexual assault. (c)Assurance that sexual assault victims will not incur out-of-pocket expenses for forensic medical exams, and information about evidence collection, storage and preservation in sexual assault cases (42 USC § 3796gg-4; 42 USC § 10603f; Penal Code § 13823.95(a)). (d)An explanation that victims of sexual assault who seek a medical evidentiary examination shall not be required to participate or agree to participate in the criminal justice system, either prior to the examination or at any other time (Penal Code § 13823.95(b)). (e)An advisement that a person who was arrested may be released on bond or some other form of release and that the victim should not rely upon an arrest as a guarantee of safety. (f)A clear explanation of relevant court orders and how they can be obtained. (g)Information regarding available compensation for qualifying victims of crime (Government Code § 13962). (h)VINE® information (Victim Information and Notification Everyday), including the telephone number and whether this free service is available to allow victims to check on an offender’s custody status and to register for automatic notification when a person is released from jail. (i)Notice regarding U Visa and T Visa application processes. (j)Resources available for victims of identity theft. (k)A place for the deputy’s name, badge number and any applicable case or incident number. (l)The "Victims of Domestic Violence" card containing the names, phone numbers or local county hotlines of local shelters for battered women and rape victim counseling centers within the county and their 24-hour counseling service telephone numbers (Penal Code § 264.2). Fresno County Sheriff's Office Policy Manual Victim and Witness Assistance Copyright Lexipol, LLC 2019/06/10, All Rights Reserved. Published with permission by Fresno County Sheriff's Office Victim and Witness Assistance - 133 (m)The rights of sexual assault victims card with the required information as provided in Penal Code § 680.2. (n)Any additional information required by state law (Penal Code § 13701; Penal Code § 679.02; Penal Code § 679.04; Penal Code § 679.05; Penal Code § 679.026). 318.6 WITNESSES Deputies should never guarantee a witness’ safety from future harm or that his/her identity will always remain confidential. Deputies may make practical safety suggestions to witnesses who express fear of future harm or retaliation. Deputies should investigate allegations of witness intimidation and take enforcement action when lawful and reasonable. Policy 320 Fresno County Sheriff's Office Policy Manual Copyright Lexipol, LLC 2019/06/10, All Rights Reserved. Published with permission by Fresno County Sheriff's Office Standards of Conduct - 134 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'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'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's Office Policy Manual Standards of Conduct Copyright Lexipol, LLC 2019/06/10, All Rights Reserved. Published with permission by Fresno County Sheriff's Office Standards of Conduct - 135 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's Office Policy Manual Standards of Conduct Copyright Lexipol, LLC 2019/06/10, All Rights Reserved. Published with permission by Fresno County Sheriff's Office Standards of Conduct - 136 320.5.2 ETHICS (a)Using or disclosing one’s status as a member of the Fresno County Sheriff'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's Office Policy Manual Standards of Conduct Copyright Lexipol, LLC 2019/06/10, All Rights Reserved. Published with permission by Fresno County Sheriff's Office Standards of Conduct - 137 320.5.5 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'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's Office Policy Manual Standards of Conduct Copyright Lexipol, LLC 2019/06/10, All Rights Reserved. Published with permission by Fresno County Sheriff's Office Standards of Conduct - 138 (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's Office Policy Manual Standards of Conduct Copyright Lexipol, LLC 2019/06/10, All Rights Reserved. Published with permission by Fresno County Sheriff's Office Standards of Conduct - 139 (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's Office Policy Manual Standards of Conduct Copyright Lexipol, LLC 2019/06/10, All Rights Reserved. Published with permission by Fresno County Sheriff's Office Standards of Conduct - 140 (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 323 Fresno County Sheriff's Office Policy Manual Copyright Lexipol, LLC 2019/06/10, All Rights Reserved. Published with permission by Fresno County Sheriff's Office Report Preparation - 141 Report Preparation 323.1 PURPOSE AND SCOPE Report preparation may be part of a member's job. The purpose of reports is to document sufficient information to refresh the member’s memory and to provide sufficient information for follow-up investigation, successful prosecution and necessary documentation. Report writing is the subject of substantial formalized training and on-the-job training. 323.1.1 REPORT PREPARATION Members should ensure that reports are sufficiently detailed for their purpose and free from errors prior to submission. It is the responsibility of the assigned member to complete and submit all reports taken during the shift before going off-duty unless permission to hold the report has been approved by a supervisor. Generally, reports requiring prompt follow-up action on active leads, or arrest reports where the suspect remains in custody should not be held. Handwritten reports must be prepared legibly. If the report is not legible, the submitting member will be required by the reviewing supervisor to promptly make corrections and resubmit the report. Members who dictate reports shall use appropriate grammar, as content is not the responsibility of the typist. Members who generate reports on computers are subject to all requirements of this policy. All reports shall accurately reflect the identity of the persons involved, all pertinent information seen, heard or assimilated by any other manner, and any actions taken. Members shall not suppress, conceal or distort the facts of any reported incident, nor shall any member make a false report orally or in writing. Generally, the reporting member’s opinions should not be included in reports unless specifically identified as such. 323.2 REQUIRED REPORTING Written reports are required in all of the following situations on the appropriate agency approved form unless otherwise approved by a supervisor. 323.2.1 CRIMINAL ACTIVITY When a member responds to a call for service, or as a result of self-initiated activity becomes aware of any activity where a crime has occurred, the member shall document the incident regardless of whether a victim desires prosecution. Activities to be documented in a written report includes: (a)All arrests (b)All felony crimes (c)Non-Felony incidents involving threats or stalking behavior (d)Situations covered by separate policies, including: 1.Use of Force Policy Fresno County Sheriff's Office Policy Manual Report Preparation Copyright Lexipol, LLC 2019/06/10, All Rights Reserved. Published with permission by Fresno County Sheriff's Office Report Preparation - 142 2.Domestic Violence Policy 3.Child Abuse Policy 4.Adult Abuse Policy 5.Hate Crimes Policy 6.Suspicious Activity Reporting Policy 7.All misdemeanor crimes where the victim desires a report 323.2.2 NON-CRIMINAL ACTIVITY The following incidents shall be documented using the appropriate approved report: (a)Any use of force against any person by a member of this agency (see the Use of Force Policy) (b)Any firearm discharge (see the Firearms Policy) (c)Anytime a person is reported missing, regardless of jurisdiction (see the Missing Persons Policy) (d)Any found property or found evidence (e)Any traffic collisions above the minimum reporting level (see Traffic Collision Reporting Policy) (f)Suspicious incidents that may indicate a potential for crimes against children or that a child’s safety is in jeopardy (g)All protective custody detentions (h)Suspicious incidents that may place the public or others at risk (i)Whenever the employee believes the circumstances should be documented or at the direction of a supervisor 323.2.3 DEATH CASES Death investigations require specific investigation methods depending on circumstances and should be handled in accordance with the Death Investigations Policy. The handling deputy should notify and apprise a supervisor of the circumstances surrounding the incident to determine how to proceed. The following cases shall be appropriately investigated and documented using the approved report: (a)Sudden or accidental deaths (b)Suicides (c)Homicide or suspected homicide Fresno County Sheriff's Office Policy Manual Report Preparation Copyright Lexipol, LLC 2019/06/10, All Rights Reserved. Published with permission by Fresno County Sheriff's Office Report Preparation - 143 (d)Unattended deaths (No physician or qualified hospice care in the 20 days preceding death) (e)Found dead bodies or body parts (f)In-custody deaths 323.2.4 INJURY OR DAMAGE BY OFFICE PERSONNEL Reports shall be taken if an injury occurs that is a result of an act of an agency member. Additionally, reports shall be taken involving damage to agency property or agency equipment. 323.2.5 MISCELLANEOUS INJURIES Any injury that is reported to this agency shall require a report when: (a)The injury is a result of drug overdose (b)Attempted suicide (c)The injury is major/serious, whereas death could result (d)The circumstances surrounding the incident are suspicious in nature and it is desirable to record the event The above reporting requirements are not intended to be all-inclusive. A supervisor may direct an employee to document any incident he/she deems necessary. 323.2.6 MANDATORY REPORTING OF JUVENILE GUNSHOT INJURIES A report shall be taken when any incident in which a child 18 years or younger suffered an unintentional or self-inflicted gunshot wound. The Records Unit shall notify the California Department of Public Health (CDPH) of the incident, on a form provided by the state. Forms may be obtained from the CDPH website (Penal Code § 23685). 323.3 GENERAL POLICY OF EXPEDITIOUS REPORTING In general, all members and supervisors shall act with promptness and efficiency in the preparation, processing and reviewing of all reports. An incomplete report, unorganized reports or reports delayed without supervisory approval are not acceptable. Reports shall be processed according to established priorities or according to special priority necessary under exceptional circumstances. 323.3.1 GENERAL POLICY OF HANDWRITTEN REPORTS Some incidents and report forms lend themselves to block print rather than typing. In general, the narrative portion of those reports where an arrest is made or when there is a long narrative should be typed or dictated. Supervisors may require, with the foregoing general policy in mind, block printing or typing of reports of any nature for office consistency. Fresno County Sheriff's Office Policy Manual Report Preparation Copyright Lexipol, LLC 2019/06/10, All Rights Reserved. Published with permission by Fresno County Sheriff's Office Report Preparation - 144 323.3.2 GENERAL USE OF OTHER HANDWRITTEN FORMS County, state and federal agency forms may be block printed as appropriate. In general, the form itself may make the requirement for typing apparent. 323.4 REPORT CORRECTIONS Supervisors shall review reports for content and accuracy. If a correction is necessary, the reviewing supervisor should document reasons for rejection within the report writing system. The original report and the correction will be returned to the reporting member for correction as soon as practical. It shall be the responsibility of the originating member to ensure that any report returned for correction is processed in a timely manner. 323.5 REPORT CHANGES OR ALTERATIONS Reports that have been approved by a supervisor and submitted to the Records Unit for approval and distribution shall not be modified or altered except by way of a supplemental report (unless changes need to be made to conform to current law). Reviewed reports that have not yet been submitted to the Records Unit may be corrected or modified by the authoring member only with the knowledge and authorization of the reviewing supervisor. 323.6 CANCELLATION OF REPORT NUMBERS Once a case number has been issued, the case number shall not be cancelled. If the case number was issued in error or if there are circumstances where it is determined that a case number is no longer needed, a supervisor shall be notified. The member shall make a notation in the narrative section of the report. The notation shall have the name of the supervisor who was notified of the error and/or who authorized that a case number was no longer needed for the incident. The notation shall further explain why a formal report is not required for the case number (i.e. case number issued in error). The notation does not need to follow the general report writing format. Even if the case number was issued in error or if a supervisor determines that a case number is no longer needed for an incident, the report shall still be submitted through the normal report approval process. 323.7 SUBMISSION OF REPORTS Before going off-duty, members shall complete and submit all in-custody reports (including follow ups). A supervisor shall ensure the report(s) is/are approved prior to the member logging off from their shift. Other reports may be completed and submitted on the next consecutive work day. Members are encouraged to manage their time so as to complete all reports on the day reported, including F.I. cards. If a report cannot be completed on the same day the member shall complete the face page of the report, which includes the type of crime (e.g., PC 459 – Residential), which will be saved to the report writing server. Fresno County Sheriff's Office Policy Manual Report Preparation Copyright Lexipol, LLC 2019/06/10, All Rights Reserved. Published with permission by Fresno County Sheriff's Office Report Preparation - 145 Members going on days off shall turn in and have a supervisor approve all reports. Report writing will be allowed in their beat or the substation. Any exception must be approved by a supervisor (Sergeant or Lieutenant). Report writing on overtime is limited to in-custody reports and any report prior to going on RDO’s. Members who have been authorized to work beyond the end of their watch for the purposes of report writing are to remain logged onto the computer. The member shall put themselves on traffic for “report writing” or “follow-up” with the location, and the case number(s). Upon completion of the report writing the member will input via the computer/dispatch that they are 10-98, complete, and then log off. Exception to any of the above must be approved by the on duty Sergeant or Watch Commander. 323.8 ELECTRONIC SIGNATURES The Fresno County Sheriff's Office has established an electronic signature procedure for use by all members of the Agency. The Administrative Services Director shall be responsible for maintaining the electronic signature system and ensuring that each employee creates a unique, confidential password for his/her electronic signature. •Members may only use their electronic signature for official reports or other official communications. •Each member shall be responsible for the security and use of his/her electronic signature and password and shall promptly notify a supervisor if the electronic signature has or may have been compromised or misused. Policy 324 Fresno County Sheriff's Office Policy Manual Copyright Lexipol, LLC 2019/06/10, All Rights Reserved. Published with permission by Fresno County Sheriff's Office News Media Relations - 146 News Media Relations 324.1 PURPOSE AND SCOPE This policy provides guidelines for media releases and media access to scenes of disasters, criminal investigations, emergencies and other law enforcement activities. 324.2 RESPONSIBILITIES The ultimate authority and responsibility for the release of information to the media shall remain with the Sheriff. However, in situations not warranting immediate notice to the Sheriff and in situations where the Sheriff has given prior approval, the Public Information Officer, Bureau Commanders and Watch Commanders may prepare and release information to the media in accordance with this policy and the applicable law. 324.2.1 MEDIA REQUEST Any media request for information or access to a law enforcement situation shall be referred to the designated office media representative, or if unavailable, to the first available supervisor. Prior to releasing any information to the media, employees shall consider the following: (a)At no time shall any employee of this office make any comment or release any official information to the media without prior approval from a supervisor or the designated office media representative. (b)In situations involving multiple law enforcement agencies, every reasonable effort should be made to coordinate media releases with the authorized representative of each involved agency prior to the release of any information by this office. (c)Under no circumstance should any member of this office make any comments to the media regarding any law enforcement incident not involving this office without prior approval of the Sheriff. 324.3 MEDIA ACCESS Authorized members of the media shall be provided access to scenes of disasters, criminal investigations, emergencies and other law enforcement activities subject to the following conditions (Penal Code § 409.5(d)): (a)The media representative shall produce valid press credentials that shall be prominently displayed at all times while in areas otherwise closed to the public. (b)Media representatives may be prevented from interfering with emergency operations and criminal investigations. 1.Reasonable effort should be made to provide a staging area for the media that is near the incident and that will not interfere with emergency or criminal investigation operations. All information released to the media should be Fresno County Sheriff's Office Policy Manual News Media Relations Copyright Lexipol, LLC 2019/06/10, All Rights Reserved. Published with permission by Fresno County Sheriff's Office News Media Relations - 147 coordinated through the office Public Information Officer or other designated spokesperson. 2.Whenever the presence of media or other aircraft pose a threat to public or officer safety or significantly hampers incident operations, the field supervisor should consider requesting a Temporary Flight Restriction (TFR). All requests for a TFR should be routed through the Watch Commander. The TFR request should include specific information regarding the perimeter and altitude necessary for the incident and should be requested through the appropriate control tower. If the control tower is not known, the Federal Aviation Administration should be contacted (14 CFR 91.137). (c)No member of this office who is under investigation shall be subjected to media visits or interviews without the consent of the involved employee (Government Code § 3303(e)). (d)Media interviews with individuals who are in custody should not be permitted without the approval of the Sheriff and the written consent of the person in custody. A tactical operation should be handled in the same manner as a crime scene, except the news media may be permitted within the outer perimeter of the scene, subject to any restrictions as determined by the supervisor in charge. Office members shall not jeopardize a tactical operation in order to accommodate the news media. All comments to the media shall be coordinated through a supervisor or the Public Information Officer. 324.3.1 PROVIDING ADVANCE INFORMATION To protect the safety and rights of members and other persons, advance information about planned actions by law enforcement personnel, such as movement of persons in custody or the execution of an arrest or search warrant, should not be disclosed to the news media, nor should media representatives be invited to be present at such actions except with the prior approval of the Sheriff. Any exceptions to the above should only be considered for the furtherance of legitimate law enforcement purposes. Prior to approving any exception the Sheriff will consider, at minimum, whether the release of information or presence of the media would unreasonably endanger any individual, prejudice the rights of any person or is otherwise prohibited by law. 324.4 SCOPE OF INFORMATION SUBJECT TO RELEASE The Office may maintain a daily information log of significant law enforcement activities that can be made available, upon request, to media representatives through the Watch Commander. This log will generally contain the following information: (a)The date, time, location, case number, type of crime, extent of injury or loss, and names of individuals (except confidential informants) involved in crimes occurring within this jurisdiction unless the release of such information would endanger the Fresno County Sheriff's Office Policy Manual News Media Relations Copyright Lexipol, LLC 2019/06/10, All Rights Reserved. Published with permission by Fresno County Sheriff's Office News Media Relations - 148 safety of any individual or jeopardize the successful completion of any ongoing investigation (b)The date, time, location, case number, name, age and charges for each person arrested by this office unless the release of such information would endanger the safety of any individual or jeopardize the successful completion of any ongoing investigation (c)The time and location of other significant law enforcement activities or requests for service with a brief summary of the incident subject to the restrictions of this policy and applicable law At no time shall identifying information pertaining to a juvenile arrestee (13 years of age and under), victim or witness be publicly released without prior approval of a competent court. The identity of a minor 14 years of age or older shall not be publicly disclosed unless the minor has been arrested for a serious felony and the release of such information has been approved by the Bureau Commander (Welfare and Institutions Code § 827.5). Identifying information concerning deceased individuals shall not be released to the media until notification of next of kin or otherwise cleared through the Coroner's Unit. Any requests for copies of related reports or additional information not contained in this log shall be referred to the Operations Support Bureau Captain. Such requests will generally be processed in accordance with the provisions of the Public Records Act (Government Code § 6250, et seq.). 324.4.1 RESTRICTED INFORMATION It shall be the responsibility of the authorized employee dealing with media requests to ensure that restricted information is not inappropriately released to the media by this office. When in doubt, authorized and available legal counsel should be obtained. Policy 325 Fresno County Sheriff's Office Policy Manual Copyright Lexipol, LLC 2019/06/10, All Rights Reserved. Published with permission by Fresno County Sheriff's Office Subpoenas and Court Appearances - 149 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's Office to cover any related work absences and keep the Office informed about relevant legal matters. 325.2 POLICY Fresno County Sheriff'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's Office Policy Manual Subpoenas and Court Appearances Copyright Lexipol, LLC 2019/06/10, All Rights Reserved. Published with permission by Fresno County Sheriff's Office Subpoenas and Court Appearances - 150 (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'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'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's Office Policy Manual Subpoenas and Court Appearances Copyright Lexipol, LLC 2019/06/10, All Rights Reserved. Published with permission by Fresno County Sheriff's Office Subpoenas and Court Appearances - 151 (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 326 Fresno County Sheriff's Office Policy Manual Copyright Lexipol, LLC 2019/06/10, All Rights Reserved. Published with permission by Fresno County Sheriff's Office Reserve Deputies - 152 Reserve Deputies 326.1 PURPOSE AND SCOPE The Fresno County Sheriff's Office Uniform Field Reserve Unit (UFR) and the 108 Reserve Unit were established to supplement and assist regular sworn sheriff deputies in their duties. This unit provides professional, sworn volunteer reserve deputies who can augment regular staffing levels. 326.2 SELECTION AND APPOINTMENT OF SHERIFF RESERVE DEPUTIES The Fresno County Sheriff's Office shall endeavor to recruit and appoint to the Reserve Unit only those applicants who meet the high ethical, moral and professional standards set forth by this office. 326.2.1 PROCEDURE All applicants shall be required to meet and pass the same pre-employment procedures as regular sheriff deputies before appointment. Before appointment to the Sheriff - Coroner's Reserve Unit, an applicant must have completed, or be in the process of completing, a POST approved basic academy, extended basic academy or modular academy. 326.2.2 APPOINTMENT Applicants who are selected for appointment to the Sheriff Reserve Unit shall, on the recommendation of the Sheriff, be sworn in by the Sheriff and take a loyalty oath to observe and obey all of the laws of the land and to carry out their duties to the best of their ability. 326.2.3 COMPENSATION FOR SHERIFF RESERVE DEPUTIES Compensation for reserve deputies is provided as follows: All reserve deputy appointees are issued all necessary safety equipment. All equipment issued to the reserve deputy shall be returned to the Office upon termination or resignation. Uniform allowance may be provided to a Uniformed Field Reserve member if: (a)The Sheriff-Coroner’s Office has funding for that purpose and elects to participate. (b)The reserve deputy has contributed a minimum of 200 hours of the volunteer time in the preceding year and has completed all mandated CPT required credit/hours. All UFR deputies not in compliance with these requirements will not be eligible for the annual uniform allowance if available. 108 Reserve deputies may be compensated for certain assignments with prior authorization. 108 Reserve deputies do not qualify for uniform allowance. Fresno County Sheriff's Office Policy Manual Reserve Deputies Copyright Lexipol, LLC 2019/06/10, All Rights Reserved. Published with permission by Fresno County Sheriff's Office Reserve Deputies - 153 326.2.4 EMPLOYEES WORKING AS RESERVE DEPUTIES Qualified employees of this office, when authorized, may also serve as reserve deputies. However, the Office must not utilize the services of a reserve or volunteer in such a way that it would violate employment laws or labor agreements (e.g., a detention deputy working as a reserve deputy for reduced or no pay). Therefore, the Reserve Coordinator should consult the Department of Human Resources prior to an employee serving in a reserve or volunteer capacity (29 CFR 553.30). Members of this agency with peace officer powers may not concurrently hold peace officer powers for another agency. 326.3 DUTIES OF RESERVE DEPUTIES Reserve deputies assist regular deputies in the enforcement of laws and in maintaining peace and order within the community. Assignments of reserve deputies will usually be to augment the Patrol Bureau. Reserve deputies may be assigned to other areas within the Office as needed. Uniform Field Reserve deputies are required to work a minimum of 200 hours annually. 108 Reserves shall meet the Fresno State University Criminology 108 program requirements. 326.3.1 POLICY COMPLIANCE Sheriff reserve deputies shall be required to adhere to all Sheriff-Coroner's Office policies and procedures. A copy of the policies and procedures will be made available to each reserve deputy upon appointment and he/she shall become thoroughly familiar with these policies. Whenever a rule, regulation, or guideline in this manual refers to a sworn regular full-time deputy, it shall also apply to a sworn reserve deputy unless by its nature it is inapplicable. 326.3.2 RESERVE DEPUTY ASSIGNMENTS All reserve deputies will be assigned to duties by the Reserve Coordinator or his/her designee. 326.3.3 RESERVE COORDINATOR The Sheriff shall delegate the responsibility for administering the Reserve Deputy Program to a Reserve Coordinator or designee. The Reserve Coordinator shall have the responsibility of, but not be limited to: (a)Assignment of reserve personnel (b)Conducting reserve meetings (c)Establishing and maintaining a reserve call-out roster (d)Monitoring individual reserve deputy performance (e)Monitoring overall Reserve Program 326.4 FIELD TRAINING Level II reserve deputies shall work under the direct supervision of a qualified peace officer. Qualified Level II reserve deputies may be assigned, without immediate supervision, to limited duties that are authorized for Level III reserve deputies such as, traffic control, security at parades Fresno County Sheriff's Office Policy Manual Reserve Deputies Copyright Lexipol, LLC 2019/06/10, All Rights Reserved. Published with permission by Fresno County Sheriff's Office Reserve Deputies - 154 and sporting events, report taking, evidence transportation, parking enforcement, and other duties that are not likely to result in physical arrests (Penal Code § 832.6). 326.4.1 TRAINING OFFICERS Deputies of this office, who demonstrate a desire and ability to train reserve deputies, may train the reserves subject to the field supervisor's approval. 326.5 SUPERVISION OF RESERVE DEPUTIES Reserve deputies who have attained the status of Level II shall be under the immediate supervision of a regular sworn deputy (Penal Code 832.6). The immediate supervision requirement shall also continue for reserve deputies who have attained Level I status unless special authorization is received from the Reserve Coordinator with the approval of the Bureau Commander. 326.5.1 SPECIAL AUTHORIZATION REQUIREMENTS Reserve deputies certified as Level I may, with prior authorization of the Reserve Coordinator and on approval of the Bureau Commander, be relieved of the "immediate supervision" requirement. Level I reserve deputies may function under the authority of Penal Code § 832.6(a)(1) only for the duration of the assignment or purpose for which the authorization was granted. In the absence of the Reserve Coordinator and the Bureau Commander, the Watch Commander may assign a certified Level I reserve deputy to function under the authority of Penal Code § 832.6(a)(1) for specific purposes and duration. 326.5.2 RESERVE DEPUTY MEETINGS All reserve deputy meetings will be scheduled and conducted by the Reserve Coordinator. All reserve deputies are required to attend scheduled meetings. Any absences must be satisfactorily explained to the Reserve Coordinator. 326.5.3 IDENTIFICATION OF RESERVE DEPUTIES All reserve deputies will be issued a uniform badge and a Office identification card. The uniform badge shall be the same as that worn by a regular full-time deputy with the exception that “Reserve” will be indicated on the badge. The identification card will be the standard identification card with the exception that "Reserve" will be indicated on the card. 326.5.4 UNIFORM Reserve deputies shall conform to all uniform regulation and appearance standards of this office. 326.5.5 INVESTIGATIONS AND COMPLAINTS If a reserve deputy has a complaint made against him/her or becomes involved in an internal investigation, that complaint or internal investigation may be returned to the Bureau, at the discretion of the Undersheriff. Reserve deputies are considered at-will employees. Government Code § 3300 et seq. applies to reserve deputies with the exception that the right to hearing is limited to the opportunity to clear their name. Fresno County Sheriff's Office Policy Manual Reserve Deputies Copyright Lexipol, LLC 2019/06/10, All Rights Reserved. Published with permission by Fresno County Sheriff's Office Reserve Deputies - 155 Any disciplinary action that may have to be administered to a reserve deputy shall be accomplished as outlined in the Policy Manual. 326.5.6 RESERVE DEPUTY EVALUATIONS While in PTO training, Level I reserves will be continuously evaluated using standardized daily and weekly observation reports. The reserve will be considered a trainee until all of the training phases have been completed. 326.6 FIREARMS REQUIREMENTS Penal Code § 830.6(a)(1) designates a reserve deputy as having peace officer powers during his/ her assigned tour of duty, provided the reserve deputy qualifies or falls within the provisions of Penal Code § 832.6. 326.6.1 CARRYING WEAPON ON DUTY Penal Code § 830.6(a)(1) permits qualified reserve deputies to carry a loaded firearm while on- duty. 326.6.2 CONCEALED FIREARMS PROHIBITED No reserve deputy will be permitted to carry a concealed firearm while in an off-duty capacity, except those reserve deputies who possess a valid CCW permit. An instance may arise where a reserve deputy is assigned to a plainclothes detail for his/her assigned tour of duty. Under these circumstances, the reserve deputy may be permitted to carry a weapon more suited to the assignment with the knowledge and approval of the supervisor in charge of the detail. Before being allowed to carry any optional firearm during an assigned tour of duty, the reserve deputy shall have demonstrated his/her proficiency with said weapon. 326.6.3 RESERVE DEPUTY FIREARM TRAINING All reserve deputies are required to maintain proficiency with firearms used in the course of their assignments. Reserve deputies shall comply with all areas of the firearms training section of the Policy Manual, with the following exceptions: (a)All reserve deputies are required to qualify quarterly. (b)Reserve deputies may practice more often at the Sheriff-Coroner's Office approved range with the approval of the Reserve Coordinator. (c)Should a reserve deputy fail to qualify as required by policy, that reserve deputy will not be allowed to carry a firearm until he/she has reestablished his/her proficiency. 326.7 EMERGENCY CALL-OUT FOR RESERVE PERSONNEL The Reserve Coordinator shall develop a plan outlining an emergency call-out procedure for reserve personnel. Policy 329 Fresno County Sheriff's Office Policy Manual Copyright Lexipol, LLC 2019/06/10, All Rights Reserved. Published with permission by Fresno County Sheriff's Office Major Incident Notification - 156 Major Incident Notification 329.1 PURPOSE AND SCOPE The purpose of this policy is to provide guidance to members of this office in determining when, how and to whom notification of major incidents should be made. 329.2 POLICY The Fresno County Sheriff's Office recognizes that certain incidents should be brought to the attention of supervisors or other specified personnel of this office to facilitate the coordination of activities and ensure that inquiries from the media and the public may be properly addressed. 329.3 MINIMUM CRITERIA FOR NOTIFICATION Most situations where the media show a strong interest are also of interest to the Sheriff and the affected Bureau Commander. The following list of incident types is provided as a guide for notification and is not intended to be all inclusive: •Homicides •Traffic accidents with fatalities •Officer-involved shooting - on- or off-duty (see Officer-Involved Shootings and Deaths Policy for special notifications) •Significant injury or death to employee - on- or off-duty •Death of a prominent Fresno County official •Arrest of an office employee or prominent Fresno County official •Aircraft crash with major damage and/or injury or death •In-custody deaths 329.4 WATCH COMMANDER RESPONSIBILITY The Watch Commander is responsible for making the appropriate notifications. The Watch Commander shall make reasonable attempts to obtain as much information on the incident as possible before notification. The Watch Commander shall attempt to make the notifications as soon as practicable. Notification should be made by calling the primary telephone number first and then by any other available contact numbers. 329.4.1 STAFF NOTIFICATION In the event an incident occurs described in the Major Incident Notification Policy, the Sheriff shall be notified via the chain of command along with the affected Bureau Commander and Unit Commander if that bureau is affected. The use of Everbridge is an acceptable method to notify several members at once of a particular incident; therefore, there may be times when a supervisor is notified of the incident at the same time as other members. Fresno County Sheriff's Office Policy Manual Major Incident Notification Copyright Lexipol, LLC 2019/06/10, All Rights Reserved. Published with permission by Fresno County Sheriff's Office Major Incident Notification - 157 329.4.2 DETECTIVE NOTIFICATION If the incident requires that a detective respond from home, the immediate supervisor of the appropriate unit shall be contacted who will then contact the appropriate detective. If Everbridge is used for a particular incident, there may be times when the immediate supervisor is contacted at the same time as the detective. 329.4.3 PUBLIC INFORMATION OFFICER (PIO) The Public Information Officer shall be called after appropriate command staff members have been notified and it appears the media may have a significant interest in the incident. Policy 330 Fresno County Sheriff's Office Policy Manual Copyright Lexipol, LLC 2019/06/10, All Rights Reserved. Published with permission by Fresno County Sheriff's Office Death Investigation - 158 Death Investigation 330.1 PURPOSE AND SCOPE The investigations of cases involving death include those ranging from natural cause to homicide. Some causes of death may not be readily apparent and some cases differ substantially from what they appeared to be initially. The thoroughness of death investigations cannot be emphasized enough. 330.2 INVESTIGATION CONSIDERATIONS Death investigation cases require certain actions be taken. Emergency Medical Services shall be called in all suspected death cases unless the death is obvious (e.g., decapitated, decomposed). A supervisor shall be notified in all death investigations. 330.2.1 CORONER REQUEST Government Code § 27491 and Health & Safety Code § 102850 direct the Coroner to inquire into and determine the circumstances, manner and cause of certain deaths. The Coroner shall be called in any of the following cases: (a)Unattended deaths (No physician in attendance or during the continued absence of the attending physician. Also, includes all deaths outside hospitals and nursing care facilities). (b)Deaths where the deceased has not been attended by either a physician or a registered nurse, who is a member of a hospice care interdisciplinary team, as defined by Health and Safety Code § 1746 in the 20 days prior to death. (c)Physician unable to state the cause of death. Unwillingness does not apply. Includes all sudden, unexpected and unusual deaths and fetal deaths when the underlying cause is unknown. (d)Known or suspected homicide. (e)Known or suspected suicide. (f)Involving any criminal action or suspicion of a criminal act. Includes child and dependent adult negligence and abuse. (g)Related to or following known or suspected self-induced or criminal abortion. (h)Associated with a known or alleged rape or crime against nature. (i)Following an accident or injury (primary or contributory). Deaths known or suspected as resulting (in whole or in part) from or related to accident or injury, either old or recent. (j)Drowning, fire, hanging, gunshot, stabbing, cutting, starvation, exposure, alcoholism, drug addiction, strangulation or aspiration. (k)Accidental poisoning (food, chemical, drug, therapeutic agents). Fresno County Sheriff's Office Policy Manual Death Investigation Copyright Lexipol, LLC 2019/06/10, All Rights Reserved. Published with permission by Fresno County Sheriff's Office Death Investigation - 159 (l)Occupational diseases or occupational hazards. (m)Known or suspected contagious disease and constituting a public hazard. (n)All deaths in operating rooms and all deaths where a patient has not fully recovered from an anesthetic, whether in surgery, recovery room or elsewhere. (o)In prison or while under sentence. Includes all in-custody and sheriff involved deaths. (p)All deaths of unidentified persons. (q)All deaths of state hospital patients. (r)Suspected Sudden Infant Death Syndrome (SIDS) deaths. (s)All deaths where the patient is comatose throughout the period of the physician’s attendance. Includes patients admitted to hospitals unresponsive and expire without regaining consciousness. The body shall not be disturbed or moved from the position or place of death without permission of the coroner. Do not disturb the death scene, ligatures or weapons. Valuables, notes or weapons shall not be removed or disturbed prior to arrival of the coroner or without the permission of the coroner (Government Code § 27491). 330.2.2 SEARCHING DEAD BODIES The Coroner or Deputy Coroner is generally the only person permitted to search a body known to be dead from any of the circumstances set forth in Government Code § 27491. The only exception is that a deputy is permitted to search the body of a person killed in a traffic collision for the limited purpose of locating an anatomical donor card (Government Code § 27491.3). If such a donor card is located, the Coroner or a designee shall be promptly notified. Should exigent circumstances indicate to a deputy that any search of a known dead body is warranted prior to the arrival of the Coroner or a designee; the investigating deputy shall first obtain verbal consent from the Coroner or a designee (Government Code § 27491.2). Whenever possible, a witness, preferably a relative to the deceased or a member of the household, should be requested to remain at the scene with the deputy pending the arrival of the Coroner or a designee. The decedent should not be left with person(s) not a legal next of kin or legal representative (attorney). The name and address of this person shall be included in the narrative of the death report. Whenever personal effects are removed from the body of the deceased by the Coroner or a designee, photographs shall be taken and a receipt shall be obtained. This receipt shall be attached to the death report. 330.2.3 DEATH NOTIFICATION When practical, and if not handled by the Coroner’s Office or the Detective Bureau, notification to the next-of-kin of the deceased person may be made, in person, by the deputy assigned to the incident. If the next-of-kin lives in another jurisdiction, a law enforcement official from that jurisdiction may be requested to make the personal notification. If the relatives live outside this Fresno County Sheriff's Office Policy Manual Death Investigation Copyright Lexipol, LLC 2019/06/10, All Rights Reserved. Published with permission by Fresno County Sheriff's Office Death Investigation - 160 county, the Coroner may be requested to make the notification. The Coroner needs to know if notification has been made. Assigned detectives may need to talk to the next-of-kin. 330.2.4 UNIDENTIFIED DEAD BODIES If the identity of a dead body cannot be established after the Coroner arrives, the Coroner’s office will issue a “John Doe" or "Jane Doe” number for the report. 330.2.5 DEATH INVESTIGATION REPORTING All incidents involving a death shall be documented in a report by responding deputies in the Patrol Bureau. Any death occurring in the jail will require coordination between jail staff, field deputies and the detective unit(s) as some staff may be interviewed in lieu of a report being written (no duplication of efforts). Any required reporting form to the state shall be filled out or facilitated by the on-duty Watch Commander (Jail and/or Patrol). 330.2.6 SUSPECTED HOMICIDE If the initially assigned deputy suspects that the death involves a homicide or other suspicious circumstances, the Watch Commander or field supervisor shall be notified to determine the possible need for a detective to respond to the scene for further immediate investigation. 330.2.7 EMPLOYMENT RELATED DEATHS OR INJURIES Any member of this agency who responds to and determines that a death, serious illness, or serious injury has occurred as a result of an accident at or in connection with the victim's employment shall ensure that the nearest office of Cal-OSHA is notified by telephone immediately or as soon as practicable with all pertinent information (8 CCR 342(b)). Policy 331 Fresno County Sheriff's Office Policy Manual Copyright Lexipol, LLC 2019/06/10, All Rights Reserved. Published with permission by Fresno County Sheriff's Office Identity Theft - 161 Identity Theft 331.1 PURPOSE AND SCOPE Identity theft is a growing trend that frequently involves related crimes in multiple jurisdictions. This policy is intended to provide guidelines for the reporting and investigation of such crimes. 331.2 REPORTING (a)In an effort to maintain uniformity in reporting, deputies presented with the crime of identity theft (Penal Code § 530.6) shall initiate a report for victims residing within the jurisdiction of this office when the crime occurred. For incidents of identity theft occurring outside this jurisdiction, deputies should observe the following: 1.For any victim not residing within this jurisdiction, the deputy may either take a courtesy report to be forwarded to the victim’s residence agency or the victim should be encouraged to promptly report the identity theft to the law enforcement agency where he or she resides. (b)While the crime of identity theft should be reported to the law enforcement agency where the victim resides, deputies of this office should investigate and report crimes occurring within this jurisdiction which have resulted from the original identity theft (e.g., the identity theft occurred elsewhere, but the credit card fraud occurred and is reported in this jurisdiction). (c)Deputies should include all known incidents of fraudulent activity (e.g., credit card number applied for in victim’s name when the victim has never made such an application). (d)Deputies should also cross-reference all known reports made by the victim (e.g., U.S. Secret Service, credit reporting bureaus, U.S. Postal Service and DMV) with all known report numbers. (e)The reporting deputy should inform victims of identity theft that the California Identity Theft Registry is available to help those who are wrongly linked to crimes. The registry can be checked by law enforcement and other authorized persons to investigate whether a criminal history or want was created in the victim's name (Penal Code § 530.7). Information regarding the California Identity Theft Registry can be obtained by calling toll free (888) 880-0240. (f)Following supervisory review and office processing, the initial report should be forwarded to the appropriate detective for follow up investigation, coordination with other agencies and prosecution as circumstances dictate. Policy 332 Fresno County Sheriff's Office Policy Manual Copyright Lexipol, LLC 2019/06/10, All Rights Reserved. Published with permission by Fresno County Sheriff's Office Communications with Persons with Disabilities - 162 Communications with Persons with Disabilities 332.1 PURPOSE AND SCOPE This policy provides guidance to members when communicating with individuals with disabilities, including those who are deaf or hard of hearing, have impaired speech or vision, or are blind. 332.1.1 DEFINITIONS Definitions related to this policy include: Auxiliary aids - Tools used to communicate with people who have a disability or impairment. They include, but are not limited to, the use of gestures or visual aids to supplement oral communication; a notepad and pen or pencil to exchange written notes; a computer or typewriter; an assistive listening system or device to amplify sound; a teletypewriter (TTY) or videophones (video relay service or VRS); taped text; qualified readers; or a qualified interpreter. Disability or impairment - A physical or mental impairment that substantially limits a major life activity, including hearing or seeing, regardless of whether the disabled person uses assistive or adaptive devices or auxiliary aids. Individuals who wear ordinary eyeglasses or contact lenses are not considered to have a disability (42 USC § 12102). Qualified interpreter - A person who is able to interpret effectively, accurately and impartially, both receptively and expressively, using any necessary specialized vocabulary. Qualified interpreters include oral interpreters, translators, sign language interpreters and intermediary interpreters. 332.2 POLICY It is the policy of the Fresno County Sheriff's Office to reasonably ensure that people with disabilities, including victims, witnesses, suspects and arrestees have equal access to law enforcement services, programs and activities. Members must make efforts to communicate effectively with individuals with disabilities. The Office will not discriminate against or deny any individual access to services, rights or programs based upon disabilities. 332.3 AMERICANS WITH DISABILITIES (ADA) COORDINATOR The Sheriff shall delegate certain responsibilities to an ADA Coordinator (28 CFR 35.107). The ADA Coordinator shall be appointed by, and directly responsible, to the Patrol Bureau Commander or the authorized designee. The responsibilities of the ADA Coordinator shall include, but not be limited to: (a)Working with the County ADA coordinator regarding the Fresno County Sheriff's Office’s efforts to ensure equal access to services, programs and activities. (b)Developing reports, new procedures, or recommending modifications to this policy. Fresno County Sheriff's Office Policy Manual Communications with Persons with Disabilities Copyright Lexipol, LLC 2019/06/10, All Rights Reserved. Published with permission by Fresno County Sheriff's Office Communications with Persons with Disabilities - 163 (c)Acting as a liaison with local disability advocacy groups or other disability groups regarding access to office services, programs and activities. (d)Ensuring that a list of qualified interpreter services is maintained and available to each Watch Commander and Communications Supervisor. The list should include information regarding the following: 1.Contact information 2.Availability (e)Developing procedures that will enable members to access auxiliary aids or services, including qualified interpreters, and ensure the procedures are available to all members. (f)Ensuring signage is posted in appropriate areas, indicating that auxiliary aids are available free of charge to people with disabilities. (g)Ensuring appropriate processes are in place to provide for the prompt and equitable resolution of complaints and inquiries regarding discrimination in access to office services, programs and activities. If members need to contact the ADA Coordinator and they are unaware of who it is, they should contact Human Resources. 332.4 FACTORS TO CONSIDER Because the nature of any law enforcement contact may vary substantially from one situation to the next, members of this office should consider all information reasonably available to them when determining how to communicate with an individual with a disability. Members should carefully balance all known factors in an effort to reasonably ensure people who are disabled have equal access to services, programs and activities. These factors may include, but are not limited to: (a)Members should not always assume that effective communication is being achieved. The fact that an individual appears to be nodding in agreement does not always mean he/she completely understands the message. When there is any doubt, members should ask the individual to communicate back or otherwise demonstrate their understanding. (b)The nature of the disability (e.g., deafness or blindness vs. hard of hearing or low vision). (c)The nature of the law enforcement contact (e.g., emergency vs. non-emergency, custodial vs. consensual contact). (d)The availability of auxiliary aids. The fact that a particular aid is not available does not eliminate the obligation to reasonably ensure access. However, in an emergency, availability may factor into the type of aid used. Fresno County Sheriff's Office Policy Manual Communications with Persons with Disabilities Copyright Lexipol, LLC 2019/06/10, All Rights Reserved. Published with permission by Fresno County Sheriff's Office Communications with Persons with Disabilities - 164 332.5 INITIAL AND IMMEDIATE CONSIDERATIONS Recognizing that various law enforcement encounters may be potentially volatile and/or emotionally charged, members should remain alert to the possibility of communication problems. Members should exercise special care in the use of all gestures, and verbal and written communication to minimize initial confusion and misunderstanding when dealing with any individual with known or suspected disabilities. In a non-emergency situation, when a member knows or suspects an individual requires assistance to effectively communicate, the member shall identify the individual’s choice of auxiliary aid or service. The individual’s preferred communication method must be honored unless another effective method of communication exists under the circumstances (28 CFR 35.160). Factors to consider when determining whether an alternative method is effective include: (a)The methods of communication usually used by the individual. (b)The nature, length and complexity of the communication involved. (c)The context of the communication. In emergency situations involving an imminent threat to the safety or welfare of any person, members may use whatever auxiliary aids and services that reasonably appear effective under the circumstances. This may include, for example, exchanging written notes or using the services of a person who knows sign language but is not a qualified interpreter, even if the person who is deaf or hard of hearing would prefer a qualified sign language interpreter or another appropriate auxiliary aid or service. Once the emergency has ended, the continued method of communication should be reconsidered. The member should inquire as to the individual's preference and give primary consideration to that preference. If an individual who is deaf, hard of hearing or has impaired speech must be handcuffed while in the custody of the Fresno County Sheriff's Office, consideration should be given, safety permitting, to placing the handcuffs in the front of the body to facilitate communication using sign language or writing. 332.6 TYPES OF ASSISTANCE AVAILABLE Fresno County Sheriff's Office members shall never refuse to assist an individual with disabilities who is requesting assistance. The Office will not charge anyone to receive auxiliary aids, nor shall they require anyone to furnish their own auxiliary aid or service as a condition for receiving assistance. The Office will make every reasonable effort to provide equal access and timely assistance to individuals who are disabled through a variety of services. A person who is disabled may choose to accept office-provided auxiliary aids or services or they may choose to provide their own. Fresno County Sheriff's Office Policy Manual Communications with Persons with Disabilities Copyright Lexipol, LLC 2019/06/10, All Rights Reserved. Published with permission by Fresno County Sheriff's Office Communications with Persons with Disabilities - 165 Office-provided auxiliary aids or services may include, but are not limited to, the assistance methods described in this policy. 332.7 AUDIO RECORDINGS AND ENLARGED PRINT The Office may develop audio recordings to assist people who are blind or have a visual impairment with accessing important information. If such a recording is not available, members may read aloud from the appropriate form, for example a personnel complaint form, or provide forms with enlarged print. 332.8 QUALIFIED INTERPRETERS A qualified interpreter may be needed in lengthy or complex transactions (e.g., interviewing a victim, witness, suspect or arrestee), if the individual to be interviewed normally relies on sign language or speechreading (lip-reading) to understand what others are saying. The qualified interpreter should not be a person with an interest in the case or investigation involving the disabled individual. A person providing interpretation services may be required to establish the accuracy and trustworthiness of the interpretation in a court proceeding. Qualified interpreters should be: (a)Available within a reasonable amount of time but in no event longer than one hour if requested. (b)Willing to effectively provide interpretation services related to law enforcement matters. (c)Familiar with the use of VRS and/or video remote interpreting services. (d)Certified in either American Sign Language (ASL) or Signed English (SE) and/or is able to effectively communicate in the preferred language. (e)Able to understand and adhere to the interpreter role without deviating into other roles, such as counselor or legal adviser. (f)Knowledgeable of the ethical issues involved when providing interpreter services. Members should use office-approved procedures to request a qualified interpreter at the earliest reasonable opportunity, and generally not more than 15 minutes after a request for an interpreter has been made or it is reasonably apparent that an interpreter is needed. No individual who is disabled shall be required to provide his/her own interpreter (28 CFR 35.160). 332.9 TTY AND RELAY SERVICES In situations where an individual without a disability would have access to a telephone (e.g., booking or attorney contacts), members must also provide those who are deaf, hard of hearing or have impaired speech the opportunity to place calls using an available TTY (also known as a telecommunications device for deaf people, or TDD). Members shall provide additional time, as needed, for effective communication due to the slower nature of TTY and TDD communications. Fresno County Sheriff's Office Policy Manual Communications with Persons with Disabilities Copyright Lexipol, LLC 2019/06/10, All Rights Reserved. Published with permission by Fresno County Sheriff's Office Communications with Persons with Disabilities - 166 The Office will accept all TTY or TDD calls placed by those who are deaf or hard of hearing and received via a telecommunications relay service (28 CFR 35.162). Note that relay services translate verbatim, so the conversation must be conducted as if speaking directly to the caller. 332.10 COMMUNITY VOLUNTEERS Interpreter services may be available from community volunteers who have demonstrated competence in communication services, such as ASL or SE, and have been approved by the Office to provide interpreter services. Where qualified interpreters are unavailable to assist, approved community volunteers who have demonstrated competence may be called upon when appropriate. However, office members must carefully consider the nature of the contact and the relationship between the individual with the disability and the volunteer to ensure that the volunteer can provide neutral and unbiased assistance. 332.11 FAMILY AND FRIENDS While family or friends may offer to assist with interpretation, members should carefully consider the circumstances before relying on such individuals. The nature of the contact and relationship between the individual with the disability and the person offering services must be carefully considered (e.g., victim/suspect). In most cases, qualified interpreters, if available, should be used instead of family or friends. Children shall not be relied upon except in emergency or critical situations when there is no qualified interpreter reasonably available. Adults may be relied upon when (28 CFR 35.160): (a)There is an emergency or critical situation and there is no qualified interpreter reasonably available. (b)The person with the disability requests that the adult interpret or facilitate communication and the adult agrees to provide such assistance, and reliance on that adult for such assistance is reasonable under the circumstances. 332.12 REPORTING Whenever any member of this office is required to complete a report or other documentation, and communication assistance has been provided, such services should be noted in the related report. Members should document the type of communication services utilized and whether the individual elected to use services provided by the Office or some other identified source. If the individual’s express preference is not honored, the member must document why another method of communication was used. Fresno County Sheriff's Office Policy Manual Communications with Persons with Disabilities Copyright Lexipol, LLC 2019/06/10, All Rights Reserved. Published with permission by Fresno County Sheriff's Office Communications with Persons with Disabilities - 167 All written communications exchanged in a criminal case shall be attached to the report or placed into evidence. 332.13 FIELD ENFORCEMENT Field enforcement will generally include such contacts as traffic stops, pedestrian stops, serving warrants and restraining orders, crowd/traffic control and other routine field contacts that may involve individuals with disabilities. The scope and nature of these activities and contacts will inevitably vary. The Office recognizes that it would be virtually impossible to provide immediate access to complete communication services to every member of this office. Members and/or supervisors must assess each situation and consider the length, complexity and importance of the communication, as well as the individual’s preferred method of communication, when determining the type of resources to use and whether a qualified interpreter is needed. Although not every situation can be addressed in this policy, it is important that members are able to effectively communicate the reason for a contact, the need for information and the meaning or consequences of any enforcement action. For example, it would be meaningless to verbally request consent to search if the deputy is unable to effectively communicate with an individual who is deaf or hard of hearing and requires communications assistance. If available, deputies should obtain the assistance of a qualified interpreter before placing an individual with a disability under arrest. Individuals who are arrested and are assisted by service animals should be permitted to make arrangements for the care of such animals prior to transport. 332.13.1 FIELD RESOURCES Examples of methods that may be sufficient for transactions, such as checking a license or giving directions to a location or for urgent situations such as responding to a violent crime in progress, may, depending on the circumstances, include such simple things as: (a)Hand gestures or visual aids with an individual who is deaf, hard of hearing or has impaired speech. (b)Exchange of written notes or communications. (c)Verbal communication with an individual who can speechread by facing the individual and speaking slowly and clearly. (d)Use of computer, word processing, personal communication device or similar device to exchange texts or notes. (e)Slowly and clearly speaking or reading simple terms to individuals who have a visual or mental impairment. Members should be aware that these techniques may not provide effective communication as required by law and this policy depending on the circumstances. Fresno County Sheriff's Office Policy Manual Communications with Persons with Disabilities Copyright Lexipol, LLC 2019/06/10, All Rights Reserved. Published with permission by Fresno County Sheriff's Office Communications with Persons with Disabilities - 168 332.14 CUSTODIAL INTERROGATIONS In an effort to ensure that the rights of individuals who are deaf, hard of hearing or have speech impairment are protected during a custodial interrogation, this office will provide interpreter services before beginning an interrogation, unless exigent circumstances exist or the individual has made a clear indication that he/she understands the process and desires to proceed without an interpreter. The use of a video remote interpreting service should be considered, where appropriate, if a live interpreter is not available. Miranda warnings shall be provided to suspects who are deaf or hard of hearing by a qualified interpreter or by providing a written Miranda warning card. In order to ensure that communications during custodial investigations are accurately documented and are admissible as evidence, interrogations should be recorded whenever reasonably possible. See guidance on recording custodial interrogations in the Investigation and Prosecution Policy. 332.15 ARREST AND BOOKINGS If an individual with speech or hearing disabilities is arrested, the arresting deputy shall use office- approved procedures to provide a qualified interpreter at the place of arrest or booking as soon as reasonably practicable, unless the individual indicates that he/she prefers a different auxiliary aid or service or the deputy reasonably determines another effective method of communication exists under the circumstances. When gathering information during the booking process, members should remain alert to the impediments that often exist when communicating with those who are deaf, hard of hearing, who have impaired speech or vision, are blind, or have other disabilities. In the interest of the arrestee’s health and welfare, the safety and security of the facility and to protect individual rights, it is important that accurate medical screening and booking information be obtained. If necessary, members should seek the assistance of a qualified interpreter whenever there is concern that accurate information cannot be obtained or that booking instructions may not be properly understood by the individual. Individuals who require and possess personally owned communication aids (e.g., hearing aids, cochlear processors) should be permitted to retain them while in custody. 332.16 COMPLAINTS The Office shall ensure that individuals with disabilities who wish to file a complaint regarding members of this office are able to do so. The Office may provide a qualified interpreter or forms in enlarged print, as appropriate. Complaints will be referred to the office ADA Coordinator. Investigations into such complaints shall be handled in accordance with the Personnel Complaints Policy. Qualified interpreters used during the investigation of a complaint should not be members of this office. Fresno County Sheriff's Office Policy Manual Communications with Persons with Disabilities Copyright Lexipol, LLC 2019/06/10, All Rights Reserved. Published with permission by Fresno County Sheriff's Office Communications with Persons with Disabilities - 169 332.17 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. 332.18 TRAINING To ensure that all members who may have contact with individuals who are disabled are properly trained, the Office will provide periodic training that should include: (a)Awareness and understanding of this policy and related procedures, related forms and available resources. (b)Procedures for accessing qualified interpreters and other available resources. (c)Working with in-person and telephone interpreters and related equipment. The Training Manager shall be responsible for ensuring new members receive training related to interacting with individuals who have disabilities, including individuals who are deaf, hard of hearing, who have impaired speech or vision, or are blind. Those who may have contact with such individuals should receive refresher training at least once every two years thereafter. The Training Manager shall maintain records of all training provided, and will retain a copy in each member’s training file in accordance with established records retention schedules. 332.18.1 CALL-TAKER TRAINING Emergency call-takers shall be trained in the use of TTY equipment protocols for communicating with individuals who are deaf, hard of hearing or who have speech impairments. Such training and information should include: (a)The requirements of the ADA and Section 504 of the Rehabilitation Act for telephone emergency service providers. (b)ASL syntax and accepted abbreviations. (c)Practical instruction on identifying and processing TTY or TDD calls, including the importance of recognizing silent TTY or TDD calls, using proper syntax, abbreviations and protocol when responding to TTY or TDD calls. (d)Hands-on experience in TTY and TDD communications, including identification of TTY or TDD tones. Training should be mandatory for all the Communications Center members who may have contact with individuals from the public who are deaf, hard of hearing or have impaired speech. Refresher training should occur every six months. Policy 333 Fresno County Sheriff's Office Policy Manual Copyright Lexipol, LLC 2019/06/10, All Rights Reserved. Published with permission by Fresno County Sheriff's Office Private Person's Arrests - 170 Private Person's Arrests 333.1 PURPOSE AND SCOPE The purpose of this policy is to provide guidance for the handling of private person’s arrests made pursuant to Penal Code § 837. 333.2 ADVISING PRIVATE PERSONS OF THE ARREST PROCESS Penal Code § 836(b) expressly mandates that all deputies shall advise victims of domestic violence of the right to make a private person’s arrest, including advice on how to safely execute such an arrest. In all other situations, deputies should use sound discretion in determining whether or not to advise an individual of the arrest process. (a)When advising any individual regarding the right to make a private person’s arrest, deputies should refrain from encouraging or dissuading any individual from making such an arrest and should instead limit advice to the legal requirements for such an arrest as listed below. (b)Private individuals should be discouraged from using force to effect a private person’s arrest, and absent immediate threat to their own safety or the safety of others, private individuals should be encouraged to refer matters to law enforcement officials for further investigation or arrest. 333.3 ARRESTS BY PRIVATE PERSONS Penal Code § 837 provides that a private person may arrest another: (a)For a public offense committed or attempted in his or her presence; (b)When the person arrested has committed a felony, although not in his or her presence; (c)When a felony has been in fact committed, and he or she has reasonable cause for believing the person arrested has committed it. Unlike peace officers, private persons may not make an arrest on suspicion that a felony has been committed - the felony must in fact have taken place. 333.4 DEPUTY RESPONSIBILITIES Any deputy presented with a private person wishing to make an arrest must determine whether or not there is reasonable cause to believe that such an arrest would be lawful (Penal Code § 847). (a)Should any deputy determine that there is no reasonable cause to believe that a private person’s arrest is lawful, the deputy should take no action to further detain or restrain the individual beyond that which reasonably appears necessary to investigate the matter, determine the lawfulness of the arrest and protect the public safety. Fresno County Sheriff's Office Policy Manual Private Person's Arrests Copyright Lexipol, LLC 2019/06/10, All Rights Reserved. Published with permission by Fresno County Sheriff's Office Private Person's Arrests - 171 1.Any deputy who determines that a private person's arrest appears to be unlawful should promptly release the arrested individual pursuant to Penal Code § 849(b) (1). The deputy must include the basis of such a determination in a related report. 2.Absent reasonable cause to support a private person’s arrest or other lawful grounds to support an independent arrest by the deputy, the deputy should advise the parties that no arrest will be made and that the circumstances will be documented. (b)Whenever a deputy determines that there is reasonable cause to believe that a private person’s arrest is lawful, the deputy may exercise any of the following options: 1.Take the individual into physical custody for booking 2.Release the individual pursuant to a Notice to Appear 3.Release the individual pursuant to Penal Code § 849 333.5 REPORTING REQUIREMENTS In all circumstances in which a private person is claiming to have made an arrest, the individual should complete and sign a Fresno County Law Enforcement Arrest Report (Form J2) under penalty of perjury. In addition to the Fresno County Law Enforcement Arrest Report (and any other related documents such as citations, booking forms, etc.), deputies shall complete a narrative report regarding the circumstances and disposition of the incident. Policy 334 Fresno County Sheriff's Office Policy Manual Copyright Lexipol, LLC 2019/06/10, All Rights Reserved. Published with permission by Fresno County Sheriff's Office Anti-Reproductive Rights Crimes Reporting - 172 Anti-Reproductive Rights Crimes Reporting 334.1 PURPOSE AND SCOPE This policy shall establish a procedure for the mandated reporting of Anti-Reproductive Rights Crimes (ARRC) to the Attorney General pursuant to the Reproductive Rights Law Enforcement Act (Penal Code § 13775 et seq.). 334.2 DEFINITIONS Penal Code § 423.2 provides that the following acts shall be considered Anti-Reproductive Rights Crimes (ARRC) when committed by any person, except a parent or guardian acting towards his or her minor child or ward: (a)By force, threat of force, or physical obstruction that is a crime of violence, intentionally injures, intimidates, interferes with, or attempts to injure, intimidate, or interfere with any person or entity because that person or entity is a reproductive health services client, provider, or assistant, or in order to intimidate any person or entity, or any class of persons or entities, from becoming or remaining a reproductive health services client, provider, or assistant (b)By non-violent physical obstruction, intentionally injures, intimidates, or interferes with, or attempts to injure, intimidate, or interfere with, any person or entity because that person or entity is a reproductive health services client, provider, or assistant, or in order to intimidate any person or entity, or any class of persons or entities, from becoming or remaining a reproductive health services client, provider or assistant (c)Intentionally damages or destroys the property of a person, entity, or facility, or attempts to do so, because the person, entity, or facility is a reproductive health services client, provider, assistant, or facility 334.3 REPORTING REQUIREMENTS TO THE ATTORNEY GENERAL (a)Upon the receipt of the report of an ARRC, it shall be the responsibility of the supervisor of the detective unit that is assigned such a report to also complete an ARRC Data Collection Worksheet ( See attachment: BCIA8371 form.pdf ) in accordance with the instructions contained on such forms. (b)The ARRC Data Collection Worksheet shall be processed with all related reports and forwarded to the Detective Unit Commander. (c)By the tenth day of each month, it shall be the responsibility of the Detective Unit Commanders to ensure that a Summary Worksheet (BCIA 8370) is submitted to the Department of Justice Criminal Justice Statistics Center. Fresno County Sheriff's Office Policy Manual Anti-Reproductive Rights Crimes Reporting Copyright Lexipol, LLC 2019/06/10, All Rights Reserved. Published with permission by Fresno County Sheriff's Office Anti-Reproductive Rights Crimes Reporting - 173 1.In the event that no ARRC(s) were reported during the previous month, a Summary Worksheet shall be submitted to Department of Justice with an indication that no such crimes were reported. 2.Any ARRC(s) reported in the Summary Worksheet shall be accompanied by a copy of the related Data Collection Worksheet(s). Policy 335 Fresno County Sheriff's Office Policy Manual Copyright Lexipol, LLC 2019/06/10, All Rights Reserved. Published with permission by Fresno County Sheriff's Office Limited English Proficiency Services - 174 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'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'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's Office Policy Manual Limited English Proficiency Services Copyright Lexipol, LLC 2019/06/10, All Rights Reserved. Published with permission by Fresno County Sheriff's Office Limited English Proficiency Services - 175 (a)Coordinating and implementing all aspects of the Fresno County Sheriff'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's Office Policy Manual Limited English Proficiency Services Copyright Lexipol, LLC 2019/06/10, All Rights Reserved. Published with permission by Fresno County Sheriff's Office Limited English Proficiency Services - 176 (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'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's Office Policy Manual Limited English Proficiency Services Copyright Lexipol, LLC 2019/06/10, All Rights Reserved. Published with permission by Fresno County Sheriff's Office Limited English Proficiency Services - 177 335.9 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's Office Policy Manual Limited English Proficiency Services Copyright Lexipol, LLC 2019/06/10, All Rights Reserved. Published with permission by Fresno County Sheriff's Office Limited English Proficiency Services - 178 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'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's Office Policy Manual Limited English Proficiency Services Copyright Lexipol, LLC 2019/06/10, All Rights Reserved. Published with permission by Fresno County Sheriff's Office Limited English Proficiency Services - 179 335.12 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's Office Policy Manual Limited English Proficiency Services Copyright Lexipol, LLC 2019/06/10, All Rights Reserved. Published with permission by Fresno County Sheriff's Office Limited English Proficiency Services - 180 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 336 Fresno County Sheriff's Office Policy Manual Copyright Lexipol, LLC 2019/06/10, All Rights Reserved. Published with permission by Fresno County Sheriff's Office Mandatory Employer Notification - 181 Mandatory Employer Notification 336.1 PURPOSE AND SCOPE The purpose of this policy is to describe the requirements and procedures to follow when a public or private school employee (teacher and non-teacher) or a person employed in a community care facility has been arrested under certain circumstances. 336.2 POLICY The Fresno County Sheriff's Office will meet the reporting requirements of California law to minimize the risks to children and others. 336.3 MANDATORY SCHOOL EMPLOYEE ARREST REPORTING In the event a school employee is arrested for any offense enumerated below, the Sheriff or his/ her designee is required to report the arrest as follows. 336.3.1 ARREST OF PUBLIC SCHOOL TEACHER In the event a public school teacher is arrested for any controlled substance offense enumerated in Health and Safety Code § 11590 or Health and Safety Code § 11364, in so far as that section relates to Health and Safety Code § 11054(d)(12), or for any of the offenses enumerated in Penal Code § 290, Penal Code § 261(a) or Education Code § 44010, the Sheriff or his/her designee is mandated to immediately notify by telephone the superintendent of the school district employing the teacher and to immediately give written notice of the arrest to the Commission on Teacher Credentialing and to the superintendent of schools in the county where the person is employed (Health and Safety Code § 11591; Penal Code § 291). 336.3.2 ARREST OF PUBLIC SCHOOL NON-TEACHER EMPLOYEE In the event a public school non-teacher employee is arrested for any controlled substance offense enumerated in Health and Safety Code § 11590 or Health and Safety Code § 11364, in so far as that section relates to Health and Safety Code § 11054(d)(12), or for any of the offenses enumerated in Penal Code § 290, Penal Code § 261(a) or Education Code § 44010, the Sheriff or his/her designee is mandated to immediately notify by telephone the superintendent of the school district employing the non-teacher and to immediately give written notice of the arrest to the governing board of the school district employing the person (Health and Safety Code § 11591; Penal Code § 291). 336.3.3 ARREST OF PRIVATE SCHOOL TEACHER In the event a private school teacher is arrested for any controlled substance offense enumerated in Health and Safety Code § 11590 or Health and Safety Code § 11364, in so far as that section relates to Health and Safety Code § 11054(d)(12), or for any of the offenses enumerated in Penal Code § 290 or Education Code § 44010, the Sheriff or his/her designee is mandated to immediately notify by telephone the private school authority employing the teacher and to immediately give Fresno County Sheriff's Office Policy Manual Mandatory Employer Notification Copyright Lexipol, LLC 2019/06/10, All Rights Reserved. Published with permission by Fresno County Sheriff's Office Mandatory Employer Notification - 182 written notice of the arrest to the private school authority employing the teacher (Health and Safety Code § 11591; Penal Code § 291.1). 336.3.4 ARREST OF COMMUNITY COLLEGE INSTRUCTOR In the event a teacher or instructor employed in a community college district school is arrested for any controlled substance offense enumerated in Health and Safety Code § 11590 or Health and Safety § 11364, in so far as that section relates to Health and Safety Code § 11054(d)(9), or for any of the offenses enumerated in Penal Code § 290 or in Penal Code § 261(a)(1), the Sheriff or the authorized designee is mandated to immediately notify by telephone the superintendent of the community college district employing the person, and shall immediately give written notice of the arrest to the California Community Colleges Chancellor’s Office (Health and Safety Code § 11591.5; Penal Code § 291.5). 336.4 ARREST OF PERSONS EMPLOYED IN COMMUNITY CARE FACILITIES In the event an employee of a community treatment facility, a day treatment facility, a group home, a short-term residential therapeutic program or a foster family agency is arrested for child abuse (as defined in Penal Code § 11165.6) and the employee is free to return to work where children are present, the investigating member shall notify the licensee of the charge of abuse (Health and Safety Code § 1522.2). Policy 337 Fresno County Sheriff's Office Policy Manual Copyright Lexipol, LLC 2019/06/10, All Rights Reserved. Published with permission by Fresno County Sheriff's Office Biological Samples - 183 Biological Samples 337.1 POLICY Refer to the Jail Policy Manual for direction on collecting biological samples related to the collection of DNA from those individuals required to provide such samples under the DNA Fingerprint, Unsolved Crime and Innocence Protection Act, and the State of California DNA Data Bank Program. Policy 338 Fresno County Sheriff's Office Policy Manual Copyright Lexipol, LLC 2019/06/10, All Rights Reserved. Published with permission by Fresno County Sheriff's Office Chaplains - 184 Chaplains 338.1 PURPOSE AND SCOPE This policy establishes the guidelines for Fresno County Sheriff'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'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'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. (d)Successfully complete the background investigation. Fresno County Sheriff's Office Policy Manual Chaplains Copyright Lexipol, LLC 2019/06/10, All Rights Reserved. Published with permission by Fresno County Sheriff's Office Chaplains - 185 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's Office identification cards, which must be carried at all times while on-duty. The identification cards will be the standard Fresno County Sheriff'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. (g)Completing and disseminating, as appropriate, all necessary paperwork and information. Fresno County Sheriff's Office Policy Manual Chaplains Copyright Lexipol, LLC 2019/06/10, All Rights Reserved. Published with permission by Fresno County Sheriff's Office Chaplains - 186 (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'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'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'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. (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 Fresno County Sheriff's Office Policy Manual Chaplains Copyright Lexipol, LLC 2019/06/10, All Rights Reserved. Published with permission by Fresno County Sheriff's Office Chaplains - 187 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'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. (b)Providing an additional link between the community, other chaplain coordinators and the Office. (c)Providing liaison with various civic, business and religious organizations. Fresno County Sheriff's Office Policy Manual Chaplains Copyright Lexipol, LLC 2019/06/10, All Rights Reserved. Published with permission by Fresno County Sheriff's Office Chaplains - 188 (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'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'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 •Responding to crisis situations •The law enforcement family Fresno County Sheriff's Office Policy Manual Chaplains Copyright Lexipol, LLC 2019/06/10, All Rights Reserved. Published with permission by Fresno County Sheriff's Office Chaplains - 189 •Substance abuse •Suicide •Member injury or death •Sensitivity and diversity Policy 339 Fresno County Sheriff's Office Policy Manual Copyright Lexipol, LLC 2019/06/10, All Rights Reserved. Published with permission by Fresno County Sheriff's Office Public Safety Video Surveillance System - 190 Public Safety Video Surveillance System 339.1 PURPOSE AND SCOPE This policy provides guidance for the placement and monitoring of office public safety video surveillance, as well as the storage and release of the captured images. This policy only applies to overt, marked public safety video surveillance systems operated by the Office. It does not apply to mobile audio/video systems, covert audio/video systems or any other image-capturing devices used by the Office. 339.2 POLICY The Fresno County Sheriff's Office operates a public safety video surveillance system to complement its anti-crime strategy, to effectively allocate and deploy personnel, and to enhance public safety and security in public areas. Cameras may be placed in strategic locations throughout the County to detect and deter crime, to help safeguard against potential threats to the public, to help manage emergency response situations during natural and man-made disasters and to assist County officials in providing services to the community. Video surveillance in public areas will be conducted in a legal and ethical manner while recognizing and protecting constitutional standards of privacy. 339.3 OPERATIONAL GUIDELINES Only office-approved video surveillance equipment shall be utilized. Members authorized to monitor video surveillance equipment should only monitor public areas and public activities where no reasonable expectation of privacy exists. The Sheriff or the authorized designee shall approve all proposed locations for the use of video surveillance technology and should consult with and be guided by legal counsel as necessary in making such determinations. 339.3.1 PLACEMENT AND MONITORING Camera placement will be guided by the underlying purpose or strategy associated with the overall video surveillance plan. As appropriate, the Sheriff should confer with other affected County divisions and designated community groups when evaluating camera placement. Environmental factors, including lighting, location of buildings, presence of vegetation or other obstructions, should also be evaluated when determining placement. The cameras shall only record video images and not sound. Recorded images may be used for a variety of purposes, including criminal investigations and monitoring of activity around high- value or high-threat areas. The public video surveillance system may be useful for the following purposes: (a)To prevent, deter and identify criminal activity. (b)To target identified areas of gang and narcotics complaints or activity. (c)To respond to critical incidents. Fresno County Sheriff's Office Policy Manual Public Safety Video Surveillance System Copyright Lexipol, LLC 2019/06/10, All Rights Reserved. Published with permission by Fresno County Sheriff's Office Public Safety Video Surveillance System - 191 (d)To assist in identifying, apprehending and prosecuting offenders. (e)To document deputy and offender conduct during interactions to safeguard the rights of the public and deputies (f)To augment resources in a cost-effective manner. (g)To monitor pedestrian and vehicle traffic activity. Images from each camera should be recorded in a manner consistent with the underlying purpose of the particular camera. Images should be transmitted to monitors installed in the Watch Commander’s office and the Communications Center. When activity warranting further investigation is reported or detected at any camera location, the available information should be provided to responding deputies in a timely manner. The Watch Commander or trained the Communications Center personnel are authorized to adjust the cameras to more effectively view a particular area for any legitimate public safety purpose. The Sheriff may authorize video feeds from the public safety video surveillance system to be forwarded to a specified location for monitoring by other than sheriff personnel, such as allied government agencies, road or traffic crews, or fire or emergency operations personnel. Unauthorized recording, viewing, reproduction, dissemination or retention is prohibited. 339.3.2 INTEGRATION WITH OTHER TECHNOLOGY The Office may elect to integrate its public safety video surveillance system with other technology to enhance available information. Systems such as gunshot detection, incident mapping, crime analysis, license plate recognition, facial recognition and other video-based analytical systems may be considered based upon availability and the nature of office strategy. The Office should evaluate the availability and propriety of networking or otherwise collaborating with appropriate private sector entities and should evaluate whether the use of certain camera systems, such as pan-tilt-zoom systems and video enhancement or other analytical technology, requires additional safeguards. 339.4 VIDEO SUPERVISION Supervisors should monitor video surveillance access and usage to ensure members are within office policy and applicable laws. Supervisors should ensure such use and access is appropriately documented. 339.4.1 PROHIBITED ACTIVITY Public safety video surveillance systems will not intentionally be used to invade the privacy of individuals or observe areas where a reasonable expectation of privacy exists. Public video surveillance equipment shall not be used in an unequal or discriminatory manner and shall not target protected individual characteristics including, but not limited to race, ethnicity, national origin, religion, disability, gender or sexual orientation. Fresno County Sheriff's Office Policy Manual Public Safety Video Surveillance System Copyright Lexipol, LLC 2019/06/10, All Rights Reserved. Published with permission by Fresno County Sheriff's Office Public Safety Video Surveillance System - 192 Video surveillance equipment shall not be used to harass, intimidate or discriminate against any individual or group. 339.5 STORAGE AND RETENTION OF MEDIA All downloaded media shall be stored in a secure area with access restricted to authorized persons. A recording needed as evidence shall be copied to a suitable medium and booked into evidence in accordance with established evidence procedures. All actions taken with respect to retention of media shall be appropriately documented. The type of video surveillance technology employed and the manner in which recordings are used and stored will affect retention periods. The recordings should be stored and retained in accordance with the established records retention schedule and for a minimum of one year. Prior to destruction, written consent shall be obtained from County Counsel and/or any counsel representing the County and/or Sheriff.. If recordings are evidence in any claim filed or any pending litigation, they shall be preserved until pending litigation is resolved (Government Code § 34090.6). Any recordings needed as evidence in a criminal or civil proceeding shall be copied to a suitable medium and booked into evidence in accordance with current evidence procedures. 339.5.1 EVIDENTIARY INTEGRITY All downloaded and retained media shall be treated in the same manner as other evidence. Media shall be accessed, maintained, stored and retrieved in a manner that ensures its integrity as evidence, including strict adherence to chain of custody requirements. Electronic trails, including encryption, digital masking of innocent or uninvolved individuals to preserve anonymity, authenticity certificates and date and time stamping, shall be used as appropriate to preserve individual rights and to ensure the authenticity and maintenance of a secure evidentiary chain of custody. 339.6 RELEASE OF VIDEO IMAGES All recorded video images gathered by the public safety video surveillance equipment are for the official use of the Fresno County Sheriff's Office. Requests for recorded video images from the public or the media shall be processed in the same manner as requests for office public records. Requests for recorded images from other law enforcement agencies shall be referred to the Watch Commander for release in accordance with a specific and legitimate law enforcement purpose. Recorded video images that are the subject of a court order or subpoena shall be processed in accordance with the established office subpoena process. 339.7 TRAINING All office members authorized to operate or access public video surveillance systems shall receive appropriate training. Training should include guidance on the use of cameras, interaction Fresno County Sheriff's Office Policy Manual Public Safety Video Surveillance System Copyright Lexipol, LLC 2019/06/10, All Rights Reserved. Published with permission by Fresno County Sheriff's Office Public Safety Video Surveillance System - 193 with dispatch and patrol operations and a review regarding relevant policies and procedures, including this policy. Training should also address state and federal law related to the use of video surveillance equipment and privacy. Policy 340 Fresno County Sheriff's Office Policy Manual Copyright Lexipol, LLC 2019/06/10, All Rights Reserved. Published with permission by Fresno County Sheriff's Office Child and Dependent Adult Safety - 194 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'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's Office Policy Manual Child and Dependent Adult Safety Copyright Lexipol, LLC 2019/06/10, All Rights Reserved. Published with permission by Fresno County Sheriff's Office Child and Dependent Adult Safety - 195 340.3.1 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's Office Policy Manual Child and Dependent Adult Safety Copyright Lexipol, LLC 2019/06/10, All Rights Reserved. Published with permission by Fresno County Sheriff's Office Child and Dependent Adult Safety - 196 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's Office Policy Manual Child and Dependent Adult Safety Copyright Lexipol, LLC 2019/06/10, All Rights Reserved. Published with permission by Fresno County Sheriff's Office Child and Dependent Adult Safety - 197 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 341 Fresno County Sheriff's Office Policy Manual Copyright Lexipol, LLC 2019/06/10, All Rights Reserved. Published with permission by Fresno County Sheriff's Office Service Animals - 198 Service Animals 341.1 PURPOSE AND SCOPE The purpose of this policy is to provide the guidelines necessary to ensure the rights of individuals who use service animals to assist with disabilities are protected in accordance with Title II of the Americans with Disabilities Act of 1990 (ADA). 341.1.1 DEFINITIONS Definitions related to this policy include: Service animal - A dog that is trained to do work or perform tasks for the benefit of an individual with a disability, including a physical, sensory, psychiatric, intellectual or other mental disability. The work or tasks performed by a service animal must be directly related to the individual's disability (28 CFR 35.104; Health and Safety Code § 113903). Service animal also includes a miniature horse if the horse is trained to do work or perform tasks for people with disabilities, provided the horse is housebroken, is under the handler’s control, the facility can accommodate the horse’s type, size and weight, and the horse’s presence will not compromise legitimate safety requirements necessary for safe operation of the facility (28 CFR 35.136(i)). 341.2 POLICY It is the policy of the Fresno County Sheriff's Office to provide services and access to persons with service animals in the same manner as those without service animals. Office members shall protect the rights of persons assisted by service animals in accordance with state and federal law. 341.3 IDENTIFICATION AND USE OF SERVICE ANIMALS Some service animals may be readily identifiable. However, many do not have a distinctive symbol, harness or collar. Service animals may be used in a number of ways to provide assistance, including, but not limited to: •Guiding people who are blind or have low vision. •Alerting people who are deaf or hard of hearing. •Retrieving or picking up items, opening doors or flipping switches for people who have limited use of their hands, arms or legs. •Pulling wheelchairs. •Providing physical support and assisting with stability and balance. •Doing work or performing tasks for persons with traumatic brain injury, intellectual disabilities or psychiatric disabilities, such as reminding a person with depression to take medication. Fresno County Sheriff's Office Policy Manual Service Animals Copyright Lexipol, LLC 2019/06/10, All Rights Reserved. Published with permission by Fresno County Sheriff's Office Service Animals - 199 •Alerting a person with anxiety to the onset of panic attacks, providing tactile stimulation to calm a person with post-traumatic stress disorder, assisting people with schizophrenia to distinguish between hallucinations and reality, and helping people with traumatic brain injury to locate misplaced items or follow daily routines. 341.4 MEMBER RESPONSIBILITIES Service animals that are assisting individuals with disabilities are permitted in all public facilities and areas where the general public is allowed. Office members are expected to treat individuals with service animals with the same courtesy and respect that the Fresno County Sheriff's Office affords to all members of the public (28 CFR 35.136). 341.4.1 INQUIRY If it is apparent or if a member is aware that an animal is a service animal, the individual generally should not be asked any questions as to the status of the animal. If it is unclear whether an animal meets the definition of a service animal, the member should ask the individual only the following questions (28 CFR 35.136(f)): •Is the animal required because of a disability? •What task or service has the service animal been trained to perform? If the individual explains that the animal is required because of a disability and has been trained to work or perform at least one task, the animal meets the definition of a service animal and no further questions as to the animal’s status should be asked. The individual should not be questioned about his/her disability nor should the person be asked to provide any license, certification or identification card for the service animal or be asked to have the service animal demonstrate a task. 341.4.2 CONTACT Service animals are not pets. Office members should not interfere with the important work performed by a service animal by talking to, petting or otherwise initiating contact with a service animal. 341.4.3 REMOVAL If a service animal is not housebroken or exhibits vicious behavior, poses a direct threat to the health of others, or unreasonably disrupts or interferes with normal business operations, a deputy may direct the handler to remove the animal from the premises. Barking alone is not a threat nor does a direct threat exist if the person takes prompt, effective action to control the service animal (28 CFR 35.136(b)). Each incident must be considered individually and past incidents alone are not cause for excluding a service animal. Removal of a service animal may not be used as a reason to refuse service to an individual with disabilities. Members of this office are expected to provide all services as are reasonably available to an individual with a disability, with or without a service animal. Fresno County Sheriff's Office Policy Manual Service Animals Copyright Lexipol, LLC 2019/06/10, All Rights Reserved. Published with permission by Fresno County Sheriff's Office Service Animals - 200 341.4.4 COMPLAINTS When handling calls of a complaint regarding a service animal, members of this office should remain neutral and should be prepared to explain the ADA requirements concerning service animals to the concerned parties. Businesses are required to allow service animals to accompany their handlers into the same areas that other customers or members of the public are allowed (28 CFR 36.302). Absent a violation of law independent of the ADA, deputies should take no enforcement action beyond keeping the peace. Individuals who believe they have been discriminated against as a result of a disability should be referred to the Civil Rights Division of the U.S. Department of Justice (DOJ). Policy 343 Fresno County Sheriff's Office Policy Manual Copyright Lexipol, LLC 2019/06/10, All Rights Reserved. Published with permission by Fresno County Sheriff's Office Off-Duty Law Enforcement Actions - 201 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'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's Office Policy Manual Off-Duty Law Enforcement Actions Copyright Lexipol, LLC 2019/06/10, All Rights Reserved. Published with permission by Fresno County Sheriff's Office Off-Duty Law Enforcement Actions - 202 (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'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's Office Policy Manual Copyright Lexipol, LLC 2019/06/10, All Rights Reserved. Published with permission by Fresno County Sheriff's Office Gun Violence Restraining Orders - 203 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'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's Office Policy Manual Gun Violence Restraining Orders Copyright Lexipol, LLC 2019/06/10, All Rights Reserved. Published with permission by Fresno County Sheriff's Office Gun Violence Restraining Orders - 204 (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's Office Policy Manual Gun Violence Restraining Orders Copyright Lexipol, LLC 2019/06/10, All Rights Reserved. Published with permission by Fresno County Sheriff's Office Gun Violence Restraining Orders - 205 344.6 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. Policy 345 Fresno County Sheriff's Office Policy Manual Copyright Lexipol, LLC 2019/06/10, All Rights Reserved. Published with permission by Fresno County Sheriff's Office Native American Graves Protection and Repatriation - 206 Native American Graves Protection and Repatriation 345.1 PURPOSE AND SCOPE This policy is intended ensure the protection and security of ancient or historic grave sites, including notification of personnel responsible for cultural items, in compliance with the Native American Graves Protection and Repatriation Act (NAGPRA) (25 USC § 3001 et seq.). 345.1.1 DEFINITIONS Definitions related to this policy include (43 CFR 10.2): Funerary objects and associated funerary objects - Objects that, as part of the death rite or ceremony of a culture, are reasonably believed to have been placed intentionally at the time of death or later with or near individual human remains, or that were made exclusively for burial purposes or to contain human remains. Native American human remains - The physical remains of the body of a person of Native American ancestry. Objects of cultural patrimony - Objects having ongoing historical, traditional or cultural importance that is central to the Native American group or culture itself and therefore cannot be appropriated or conveyed by any individual, including members of the Native American group or Native Hawaiian organization. Such objects must have been considered inalienable by the Native American group at the time the object was separated from the group. Sacred objects - Specific ceremonial objects needed by traditional Native American religious leaders for the practice of traditional Native American religions. 345.2 POLICY It is the policy of the Fresno County Sheriff's Office that the protection of Native American human remains, funerary objects, associated funerary objects, sacred objects or objects of cultural patrimony is the responsibility of all members. Such protection includes minimizing destruction, contamination, inadvertent disruption or complicated custody transfer processes. 345.3 COMPLIANCE WITH THE NATIVE AMERICAN GRAVES PROTECTION AND REPATRIATION ACT Upon discovery or arrival upon a scene where it reasonably appears that a Native American grave, human remains, funerary objects, associated funerary objects, sacred objects or objects of cultural patrimony are exposed or otherwise unsecured, members shall secure the site in the same manner as a crime scene. All activity at the scene other than scene preservation activity must cease (43 CFR 10.4). No photography or video recording may be permitted by the media or any group or individual who may wish to exhibit the remains. Fresno County Sheriff's Office Policy Manual Native American Graves Protection and Repatriation Copyright Lexipol, LLC 2019/06/10, All Rights Reserved. Published with permission by Fresno County Sheriff's Office Native American Graves Protection and Repatriation - 207 Without delay, the appropriate agency or group shall be notified to respond and take control of the scene. These include the following (43 CFR 10.4): •Federal land - Appropriate agency at the U.S. Department of the Interior or U.S. Department of Agriculture •State land/Private land - Coroner, when appropriate (Health and Safety Code § 7050.5) •Tribal land - Responsible Indian tribal official 345.4 EVIDENCE AND PROPERTY If the location has been investigated as a possible homicide scene prior to identification as a NAGPRA site, investigators shall work with other appropriate agencies and individuals to ensure the proper transfer and repatriation of any material collected. Members shall ensure that any remains or artifacts located at the site are expediently processed (43 CFR 10.6). Fresno County Sheriff's Office Policy Manual Copyright Lexipol, LLC 2019/06/10, All Rights Reserved. Published with permission by Fresno County Sheriff's Office Patrol Operations - 208 Chapter 4 - Patrol Operations Policy 400 Fresno County Sheriff's Office Policy Manual Copyright Lexipol, LLC 2019/06/10, All Rights Reserved. Published with permission by Fresno County Sheriff's Office Patrol Function - 209 Patrol Function 400.1 PURPOSE AND SCOPE The purpose of this policy is to define the patrol function and address intraorganizational cooperation and information sharing. 400.2 INFORMATION SHARING To the extent feasible, all information relevant to the mission of the Office should be shared among all bureaus and specialized units on a timely basis. Members should be provided with opportunities on a regular basis to share information during the daily briefings and to attend briefings of other bureaus or specialized units. Additionally, information should be shared with outside agencies and the public in conformance with office policies and applicable laws. Members are encouraged to share information with other units and bureaus. 400.3 CROWDS, EVENTS AND GATHERINGS Deputies may encounter gatherings of people, including but not limited to, civil demonstrations, civic, social and business events, public displays, parades and sporting events. Deputies should monitor such events as time permits in an effort to keep the peace and protect the safety and rights of those present. A patrol supervisor should be notified when it becomes reasonably foreseeable that such an event may require increased monitoring, contact or intervention. Deputies responding to an event or gathering that warrants law enforcement involvement should carefully balance the speech and association rights of those present with applicable public safety concerns before taking enforcement action. Generally, deputies should consider seeking compliance through advisements and warnings for minor violations and should reserve greater enforcement options for more serious violations or when voluntary compliance with the law is not achieved. Deputies are encouraged to contact organizers or responsible persons to seek voluntary compliance that may address relevant public safety/order concerns. Deputies should consider enforcement of applicable state and local laws, such as Penal Code 602.1 (obstructing or intimidating business operators), when the activity blocks the entrance or egress of a facility or location and when voluntary compliance with the law is not achieved. 400.4 POLICY The Fresno County Sheriff's Office provides patrol services 24 hours a day, seven days a week and will prioritize responses to requests for emergency services using available resources to enhance the safety of the public and office members. Fresno County Sheriff's Office Policy Manual Patrol Function Copyright Lexipol, LLC 2019/06/10, All Rights Reserved. Published with permission by Fresno County Sheriff's Office Patrol Function - 210 400.5 FUNCTION Patrol will generally be conducted by uniformed deputies in clearly marked law enforcement vehicles in assigned jurisdictional areas of Fresno. The function of patrol is to respond to calls for assistance and reports of criminal activity, act as a deterrent to crime, enforce state and local laws, identify community needs, provide support and assistance to the community and respond to emergencies. Patrol services include, but are not limited to: (a)Responding to emergency calls for service. (b)Apprehending criminal offenders. (c)Providing mutual aid and assistance to other agencies for emergency and law enforcement-related activities. (d)Preventing criminal acts, traffic violations and collisions, maintaining public order and discovering hazardous situations or conditions. (e)Responding to reports of criminal and non-criminal acts. (f)Responding to routine calls for service, such as public assistance, first-aid or public safety. (g)Carrying out crime prevention activities such as residential inspections, business inspections and community presentations. (h)Carrying out community oriented policing and problem-solving activities including the application of resources to improve or resolve specific problems or situations and contacting or assisting members of the public in a positive way. (i)Directing and controlling traffic. Policy 402 Fresno County Sheriff's Office Policy Manual Copyright Lexipol, LLC 2019/06/10, All Rights Reserved. Published with permission by Fresno County Sheriff's Office Patrol Briefing Training - 211 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 403 Fresno County Sheriff's Office Policy Manual Copyright Lexipol, LLC 2019/06/10, All Rights Reserved. Published with permission by Fresno County Sheriff's Office Crime and Disaster Scene Integrity - 212 Crime and Disaster Scene Integrity 403.1 PURPOSE AND SCOPE The purpose of this policy is to provide guidance in handling a major crime or disaster. 403.2 POLICY It is the policy of the Fresno County Sheriff's Office to secure crime or disaster scenes so that evidence is preserved, and to identify and mitigate the dangers associated with a major crime or disaster scene for the safety of the community and those required to enter or work near the scene. 403.3 SCENE RESPONSIBILITY The first member at the scene of a crime or major incident is generally responsible for the immediate safety of the public and preservation of the scene. Members shall also consider officer safety and the safety of those persons entering or exiting the area, including those rendering medical aid to any injured parties. Once a member has assumed or been assigned to maintain the integrity and security of the crime or disaster scene, the member shall maintain the crime or disaster scene until he/she is properly relieved by a supervisor or other designated person. 403.4 FIRST RESPONDER CONSIDERATIONS The following list generally describes the first responder’s function at a crime or disaster scene. This list is not intended to be all-inclusive, is not necessarily in order and may be altered according to the demands of each situation: (a)Broadcast emergency information, including requests for additional assistance and resources. (b)Provide for the general safety of those within the immediate area by mitigating, reducing or eliminating threats or dangers. (c)Locate or identify suspects and determine whether dangerous suspects are still within the area. (d)Provide first aid to injured parties if it can be done safely. (e)Evacuate the location safely as required or appropriate. (f)Secure the inner perimeter. (g)Protect items of apparent evidentiary value. (h)Secure an outer perimeter. (i)Identify potential witnesses. (j)Start a chronological log noting critical times and personnel allowed access. Fresno County Sheriff's Office Policy Manual Crime and Disaster Scene Integrity Copyright Lexipol, LLC 2019/06/10, All Rights Reserved. Published with permission by Fresno County Sheriff's Office Crime and Disaster Scene Integrity - 213 403.5 SEARCHES Members arriving at crime or disaster scenes are often faced with the immediate need to search for and render aid to victims, and to determine if suspects are present and continue to pose a threat. Once members are satisfied that no additional suspects are present and/or there are no injured persons to be treated, those exigent circumstances will likely no longer exist. Members should thereafter secure the scene and conduct no further search until additional or alternate authority for the search is obtained, such as consent or a search warrant. 403.5.1 CONSENT When possible, deputies should seek written consent to search from authorized individuals. However, in the case of serious crimes or major investigations, it may be prudent to also obtain a search warrant. Consent as an additional authorization may be sought, even in cases where a search warrant has been granted. 403.6 EXECUTION OF HEALTH ORDERS Any sworn member of this office is authorized to enforce all orders of the local health officer that have been issued for the purpose of preventing the spread of any contagious, infectious or communicable disease (Health and Safety Code § 120155). Policy 404 Fresno County Sheriff's Office Policy Manual Copyright Lexipol, LLC 2019/06/10, All Rights Reserved. Published with permission by Fresno County Sheriff's Office Special Weapons and Tactics (SWAT) Unit - 214 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's Office Policy Manual Special Weapons and Tactics (SWAT) Unit Copyright Lexipol, LLC 2019/06/10, All Rights Reserved. Published with permission by Fresno County Sheriff's Office Special Weapons and Tactics (SWAT) Unit - 215 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's Office Policy Manual Special Weapons and Tactics (SWAT) Unit Copyright Lexipol, LLC 2019/06/10, All Rights Reserved. Published with permission by Fresno County Sheriff's Office Special Weapons and Tactics (SWAT) Unit - 216 (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's Office Policy Manual Special Weapons and Tactics (SWAT) Unit Copyright Lexipol, LLC 2019/06/10, All Rights Reserved. Published with permission by Fresno County Sheriff's Office Special Weapons and Tactics (SWAT) Unit - 217 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's Office Policy Manual Special Weapons and Tactics (SWAT) Unit Copyright Lexipol, LLC 2019/06/10, All Rights Reserved. Published with permission by Fresno County Sheriff's Office Special Weapons and Tactics (SWAT) Unit - 218 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's Office Policy Manual Special Weapons and Tactics (SWAT) Unit Copyright Lexipol, LLC 2019/06/10, All Rights Reserved. Published with permission by Fresno County Sheriff's Office Special Weapons and Tactics (SWAT) Unit - 219 404.4.6 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's Office Policy Manual Special Weapons and Tactics (SWAT) Unit Copyright Lexipol, LLC 2019/06/10, All Rights Reserved. Published with permission by Fresno County Sheriff's Office Special Weapons and Tactics (SWAT) Unit - 220 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's Office Policy Manual Special Weapons and Tactics (SWAT) Unit Copyright Lexipol, LLC 2019/06/10, All Rights Reserved. Published with permission by Fresno County Sheriff's Office Special Weapons and Tactics (SWAT) Unit - 221 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's Office Policy Manual Special Weapons and Tactics (SWAT) Unit Copyright Lexipol, LLC 2019/06/10, All Rights Reserved. Published with permission by Fresno County Sheriff's Office Special Weapons and Tactics (SWAT) Unit - 222 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's Office Policy Manual Special Weapons and Tactics (SWAT) Unit Copyright Lexipol, LLC 2019/06/10, All Rights Reserved. Published with permission by Fresno County Sheriff's Office Special Weapons and Tactics (SWAT) Unit - 223 404.9.3 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'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's Office SWAT team shall operate under the policies, procedures and command of the Fresno County Sheriff'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's Office Policy Manual Special Weapons and Tactics (SWAT) Unit Copyright Lexipol, LLC 2019/06/10, All Rights Reserved. Published with permission by Fresno County Sheriff's Office Special Weapons and Tactics (SWAT) Unit - 224 (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 405 Fresno County Sheriff's Office Policy Manual Copyright Lexipol, LLC 2019/06/10, All Rights Reserved. Published with permission by Fresno County Sheriff's Office Ride-Along Policy - 225 Ride-Along Policy 405.1 PURPOSE AND SCOPE The Ride-Along Program provides an opportunity for citizens to experience the law enforcement function first hand. This policy provides the requirements, approval process, and hours of operation for the Ride-Along Program. 405.1.1 ELIGIBILITY The Fresno County Sheriff's Office Ride-Along Program is offered to any interested individual. Every attempt will be made to accommodate interested persons however any applicant may be disqualified without cause. The following factors may be considered in disqualifying an applicant and are not limited to: •Being under 16 years of age •Prior criminal history •Pending criminal action •Pending lawsuit against the Office •Denial by any supervisor 405.1.2 AVAILABILITY The Ride-Along Program is available on most days of the week, with certain exceptions. Exceptions to this schedule may be made as approved by the Sheriff, Bureau Commander, Watch Commander, Area Commander or Shift Supervisor. 405.2 PROCEDURE TO REQUEST A RIDE-ALONG Generally, ride-along requests will be scheduled by the Unit Commander or designee. The participant will complete a ride-along waiver form. Information requested will include a valid ID or California driver’s license, address, and telephone number. If the participant is under 18 years of age, a parent/guardian must be present to complete the Ride-Along Form. The Unit Commander or designee will schedule a date, based on availability. If approved, a copy will be forwarded to the respective Unit Commander. If the ride-along is denied after the request has been made, a representative of the Office will contact the applicant and advise him/her of the denial. 405.2.1 PROGRAM REQUIREMENTS Once approved, civilian ride-alongs will be allowed to ride no more than once every six months. An exception would apply to the following: Cadets, Explorers, Chaplains, Reserves, sheriff applicants, and all others with approval of the Watch Commander or Unit Commander. Normally, no more than one ride-along will be allowed in the deputy's vehicle at a given time. Ride-along requirements for sheriff cadets are covered in the Sheriff Cadets Policy. Fresno County Sheriff's Office Policy Manual Ride-Along Policy Copyright Lexipol, LLC 2019/06/10, All Rights Reserved. Published with permission by Fresno County Sheriff's Office Ride-Along Policy - 226 405.2.2 SUITABLE ATTIRE Any person approved to be a ride-along is required to be suitably dressed in collared shirt, blouse or jacket, pants and shoes. Sandals, T-shirts, tank tops, shorts and ripped or torn blue jeans are not permitted. Hats and ball caps will not be worn in the sheriff vehicle. The Unit Commander or field supervisor may refuse a ride-along to anyone not properly dressed. 405.2.3 PEACE OFFICER RIDE-ALONGS Off-duty members of this office or any other law enforcement agency will not be permitted to ride-along with on-duty deputies without the expressed consent of the Watch Commander or Unit Commander. In the event that such a ride-along is permitted, the off-duty employee shall not be considered on-duty and shall not represent themselves as a peace officer or participate in any law enforcement activity except as emergency circumstances may require. 405.2.4 RIDE-ALONG CRIMINAL HISTORY CHECK All ride-along applicants are subject to a criminal history check. The criminal history check may include a local records check and a Department of Justice Automated Criminal History System check through CLETS prior to their approval as a ride-along with a law enforcement officer (provided that the ride-along is not an employee of the Fresno County Sheriff's Office) (CLETS Policies, Practices and Procedures Manual § 1.6.1.F.2.). 405.3 DEPUTY’S RESPONSIBILITY The deputy shall advise the dispatcher that a ride-along is present in the vehicle before going into service. Deputies shall consider the safety of the ride-along at all times. Deputies should use sound discretion when encountering a potentially dangerous situation, and if feasible, let the participant out of the vehicle in a well-lighted place of safety. The dispatcher will be advised of the situation and as soon as practical have another sheriff unit respond to pick up the participant at that location. The ride-along may be continued or terminated at this time. The Unit Commander or designee is responsible for maintaining and scheduling ride-alongs. Upon completion of the ride-along, the form shall be returned to the Unit Commander with any comments which may be offered by the deputy. 405.4 CONTROL OF RIDE-ALONG The assigned employee shall maintain control over the ride-along at all times and instruct him/her in the conditions that necessarily limit their participation. These instructions should include: (a)The ride-along will follow the directions of any deputy (b)The ride-along will not become involved in any investigation, handling of evidence, discussions with victims or suspects, or handling any sheriff equipment (c)The ride-along may terminate the ride at any time and the deputy may return the observer to their home or to the station if the ride-along interferes with the performance of the deputy’s duties Fresno County Sheriff's Office Policy Manual Ride-Along Policy Copyright Lexipol, LLC 2019/06/10, All Rights Reserved. Published with permission by Fresno County Sheriff's Office Ride-Along Policy - 227 (d)Ride-alongs may be allowed to continue riding during the transportation and booking process provided this does not jeopardize their safety (e)Deputies will not allow any ride-alongs to be present in any residences or situations that would jeopardize their safety or cause undue stress or embarrassment to a victim or any other citizen (f)Under no circumstance shall a civilian ride-along be permitted to enter a private residence with a deputy without the expressed consent of the resident or other authorized person Policy 406 Fresno County Sheriff's Office Policy Manual Copyright Lexipol, LLC 2019/06/10, All Rights Reserved. Published with permission by Fresno County Sheriff's Office Hazardous Material Response - 228 Hazardous Material Response 406.1 PURPOSE AND SCOPE Hazardous materials present a potential harm to employees resulting from their exposure. To comply with Title 8, California Code of Regulations, § 5194, the following is to be the policy of this office. 406.1.1 HAZARDOUS MATERIAL DEFINED A hazardous material is a substance which by its nature, containment and reactivity, has the capability of inflicting harm during exposure; characterized as being toxic, corrosive, flammable, reactive, an irritant or strong sensitizer and thereby posing a threat to health when improperly managed. 406.2 HAZARDOUS MATERIAL RESPONSE Employees may encounter situations involving suspected hazardous materials, such as at the scene of a traffic accident, chemical spill or fire. When employees come into contact with a suspected hazardous material, certain steps should be taken to protect themselves and citizens. The following steps should be considered at any scene involving suspected hazardous materials: (a)Attempt to identify the type of hazardous substance. (Identification can be determined by placard, driver’s manifest or statements from the person transporting). (b)Attempt to stay upstream, uphill, and upwind from the scene. (c)Notify the Fire Department. (d)Provide first-aid for injured parties if it can be done safely and without contamination. (e)Begin evacuation of the immediate area and surrounding areas, depending on the substance. Voluntary evacuation should be considered; however, depending on the substance, mandatory evacuation may be necessary. (f)Notify the local health authority. Such notification is mandatory when a spilled or released item is a pesticide (Health and Safety Code § 105215). (g)Notify the Department of Toxic Substances Control. This is mandatory when a deputy comes in contact with, or is aware of, the presence of a suspected hazardous substance at a site where an illegal controlled substance is or was manufactured (Health and Safety § 25354.5). 406.3 REPORTING EXPOSURE(S) Office personnel who believe that they have been exposed to a hazardous material shall immediately report the exposure to a supervisor. Each exposure shall be documented by the employee in an employee memorandum that shall be forwarded via chain of command to the Fresno County Sheriff's Office Policy Manual Hazardous Material Response Copyright Lexipol, LLC 2019/06/10, All Rights Reserved. Published with permission by Fresno County Sheriff's Office Hazardous Material Response - 229 Commanding Officer. Should the affected employee be unable to document the exposure for any reason, it shall be the responsibility of the notified supervisor to complete the memorandum. Injury or illness caused or believed to be caused from exposure to hazardous materials shall be reported the same as any other on-duty injury or illness in addition to a crime report or incident report. 406.3.1 SUPERVISOR RESPONSIBILITY When a supervisor has been informed that an employee has been exposed to a hazardous material, he/she shall ensure that immediate medical treatment is obtained and appropriate action is taken to lessen the exposure. Policy 407 Fresno County Sheriff's Office Policy Manual Copyright Lexipol, LLC 2019/06/10, All Rights Reserved. Published with permission by Fresno County Sheriff's Office Hostage and Barricade Incidents - 230 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'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's Office Policy Manual Hostage and Barricade Incidents Copyright Lexipol, LLC 2019/06/10, All Rights Reserved. Published with permission by Fresno County Sheriff's Office Hostage and Barricade Incidents - 231 (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's Office Policy Manual Hostage and Barricade Incidents Copyright Lexipol, LLC 2019/06/10, All Rights Reserved. Published with permission by Fresno County Sheriff's Office Hostage and Barricade Incidents - 232 (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's Office Policy Manual Hostage and Barricade Incidents Copyright Lexipol, LLC 2019/06/10, All Rights Reserved. Published with permission by Fresno County Sheriff's Office Hostage and Barricade Incidents - 233 (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's Office Policy Manual Hostage and Barricade Incidents Copyright Lexipol, LLC 2019/06/10, All Rights Reserved. Published with permission by Fresno County Sheriff's Office Hostage and Barricade Incidents - 234 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 408 Fresno County Sheriff's Office Policy Manual Copyright Lexipol, LLC 2019/06/10, All Rights Reserved. Published with permission by Fresno County Sheriff's Office Response to Bomb Calls - 235 Response to Bomb Calls 408.1 PURPOSE AND SCOPE The purpose of this policy is to provide guidelines to assist members of the Fresno County Sheriff's Office in their initial response to incidents involving explosives, explosive devices, explosion/ bombing incidents or threats of such incidents. Under no circumstances should these guidelines be interpreted as compromising the safety of first responders or the public. When confronted with an incident involving explosives, safety should always be the primary consideration. 408.2 POLICY It is the policy of the Fresno County Sheriff's Office to place a higher priority on the safety of persons and the public over damage or destruction to public or private property. 408.3 RECEIPT OF BOMB THREAT Office members receiving a bomb threat should obtain as much information from the individual as reasonably possible, including the type, placement and alleged detonation time of the device. If the bomb threat is received on a recorded line, reasonable steps should be taken to ensure that the recording is preserved in accordance with established office evidence procedures. The member receiving the bomb threat should ensure that the immediate supervisor or Watch Commander is immediately advised and informed of the details. This will enable the immediate supervisor or Watch Commander to ensure that the appropriate personnel are dispatched, and, as appropriate, the threatened location is given an advance warning. 408.4 GOVERNMENT FACILITY OR PROPERTY A bomb threat targeting a government facility may require a different response based on the government agency. 408.5 PRIVATE FACILITY OR PROPERTY When a member of this office receives notification of a bomb threat at a location in the County of Fresno, the member receiving the notification should obtain as much information as reasonably possible from the notifying individual, including: (a)The location of the facility. (b)The nature of the threat. (c)Whether the type and detonation time of the device is known. (d)Whether the facility is occupied and, if so, the number of occupants currently on-scene. (e)Whether the individual is requesting sheriff assistance at the facility. (f)Whether there are any internal facility procedures regarding bomb threats in place, such as: Fresno County Sheriff's Office Policy Manual Response to Bomb Calls Copyright Lexipol, LLC 2019/06/10, All Rights Reserved. Published with permission by Fresno County Sheriff's Office Response to Bomb Calls - 236 1.No evacuation of personnel and no search for a device. 2.Search for a device without evacuation of personnel. 3.Evacuation of personnel without a search for a device. 4.Evacuation of personnel and a search for a device. The member receiving the bomb threat information should ensure that the immediate supervisor or Watch Commander is immediately notified so that he/she can communicate with the person in charge of the threatened facility. 408.5.1 ASSISTANCE The Watch Commander should be notified when sheriff assistance is requested. The Watch Commander will make the decision whether the Office will render assistance and at what level. Information and circumstances that indicate a reasonably apparent, imminent threat to the safety of either the facility or the public may require a more active approach, including sheriff control over the facility. Should the Watch Commander determine that the Office will assist or control such an incident, he/she will determine: (a)The appropriate level of assistance. (b)The plan for assistance. (c)Whether to evacuate and/or search the facility. (d)Whether to involve facility staff in the search or evacuation of the building. 1.The person in charge of the facility should be made aware of the possibility of damage to the facility as a result of a search. 2.The safety of all participants is the paramount concern. (e)The need for additional resources, including: 1.Notification and response, or standby notice, for fire and emergency medical services. Even though a facility does not request sheriff assistance to clear the interior of a building, based upon the circumstances and known threat, deputies may be sent to the scene to evacuate other areas that could be affected by the type of threat, or for traffic and pedestrian control. 408.5.2 EVACUATION The decision to evacuate the area and/or premises shall remain with the person in charge of the premises. Deputies may render assistance to the person in charge of the premises in accomplishing this goal. 408.5.3 SEARCH OF PREMISES The responsibility for the search of the premises or target area rests with the person in charge of the premises. Deputies may render assistance to the person in charge of the premises to Fresno County Sheriff's Office Policy Manual Response to Bomb Calls Copyright Lexipol, LLC 2019/06/10, All Rights Reserved. Published with permission by Fresno County Sheriff's Office Response to Bomb Calls - 237 accomplish this goal, however, the decision to return to work after the search has been completed rests with the person in charge of the premises. 408.5.4 SEARCH OF VEHICLES With the exception of vehicle exteriors, which can be searched by Explosive Detection Canine teams, the detailed searches of vehicles shall only be conducted by Explosive Ordnance Disposal technicians. 408.6 FOUND DEVICE Should a bomb, explosive device, or suspicious package be located, the deputy may order the area and/or premises to be evacuated. When handling an incident involving a suspected explosive device, the following guidelines, while not all inclusive, should be followed: (a)No known or suspected explosive item should be considered safe regardless of its size or apparent packaging. The request shall be made for Explosive Ordnance Disposal assistance through the Watch Commander. (b)The device shall not be touched or moved except by, or at the direction of, an Explosive Ordnance Disposal technician. (c)Personnel should not transmit on any equipment that is capable of producing radio frequency energy within the immediate area around the suspected device. This includes the following: 1.Two-way radios 2.Cell phones 3.Other personal communication devices (d)Isolate the scene and deny entry to unauthorized personnel. (e)The largest perimeter reasonably possible should initially be established around the device based upon available personnel and the anticipated danger zone. (f)A safe access route should be provided for support personnel and equipment. (g)Search the area for secondary devices as appropriate and based upon available resources. (h)Consider evacuation of buildings and personnel near the device or inside the danger zone and the safest exit route. (i)Promptly relay available information to the Watch Commander including: 1.The time of discovery. 2.The exact location of the device. 3.A full description of the device (e.g., size, shape, markings, construction). 4.The anticipated danger zone and perimeter. 5.The areas to be evacuated or cleared. Fresno County Sheriff's Office Policy Manual Response to Bomb Calls Copyright Lexipol, LLC 2019/06/10, All Rights Reserved. Published with permission by Fresno County Sheriff's Office Response to Bomb Calls - 238 408.7 EXPLOSION/BOMBING INCIDENTS When an explosion has occurred, there are multitudes of considerations which may confront the responding deputies. As in other catastrophic events, a rapid response may help to minimize injury to victims, minimize contamination of the scene by gathering crowds, or minimize any additional damage from fires or unstable structures. The Watch Commander shall ensure the following: (a)Secure the area involved as rapidly as possible with no unauthorized persons permitted to enter the scene until cleared by Explosive Ordnance Disposal technicians. This is due to the possibility of secondary hazards, to include secondary or additional bombs, explosives or improvised explosive devices. (b)Notify the Explosive Ordnance Disposal Commander or designee, who shall initiate and coordinate the response of proper and adequate personnel and resources. Nothing in this section shall prohibit members of this office, EMS or fire agencies from rendering aid to injured persons. 408.7.1 CONSIDERATIONS Deputies responding to explosions, whether accidental or a criminal act, should consider the following actions: (a)Assess the scope of the incident, including the number of victims and extent of injuries. (b)Request additional personnel and resources, as appropriate. (c)Assist with first aid. (d)Identify and take appropriate precautions to mitigate scene hazards, such as collapsed structures, bloodborne pathogens and hazardous materials. (e)Assist with the safe evacuation of victims, if possible. (f)Establish an inner perimeter to include entry points and evacuation routes. Search for additional or secondary devices. (g)Preserve evidence. (h)Establish an outer perimeter and evacuate if necessary. (i)Identify witnesses. 408.7.2 NOTIFICATIONS When an explosion has occurred, the following people should be notified as appropriate: •Fire personnel •EOD •Additional office personnel, such as investigators and forensic services •Field supervisor •Watch Commander Fresno County Sheriff's Office Policy Manual Response to Bomb Calls Copyright Lexipol, LLC 2019/06/10, All Rights Reserved. Published with permission by Fresno County Sheriff's Office Response to Bomb Calls - 239 •Other law enforcement agencies, including local, state or federal agencies, such as the FBI and the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) •Other government agencies, as appropriate 408.7.3 CROWD CONTROL Only authorized members with a legitimate need should be permitted access to the scene. Spectators and other unauthorized individuals should be restricted to a safe distance as is reasonably practicable given the available resources and personnel. 408.7.4 PRESERVATION OF EVIDENCE As in any other crime scene, steps should immediately be taken to preserve the scene. The Incident Commander should assign deputies to protect the crime scene area, which could extend over a long distance. Consideration should be given to the fact that evidence may be imbedded in nearby structures or hanging in trees and bushes. 408.8 BOOKING EVIDENCE The following evidence/property shall be turned over to EOD personnel and not be booked into the Fresno County Sheriff-Coroner's Office Property and Evidence Room lockers or facilities: •Fireworks •Previously exploded devices, packages or containers •Ammunition over.50 caliber •Deactivated hand or rifle grenades, smoke or tear gas, CS gas or OC gas containers or dispensers •Military ordnance delivery systems or launchers Policy 412 Fresno County Sheriff's Office Policy Manual Copyright Lexipol, LLC 2019/06/10, All Rights Reserved. Published with permission by Fresno County Sheriff's Office Foreign Diplomatic and Consular Representatives - 240 Foreign Diplomatic and Consular Representatives 412.1 PURPOSE AND SCOPE This policy provides guidelines to ensure that members of the Fresno County Sheriff's Office extend appropriate privileges and immunities to foreign diplomatic and consular representatives in accordance with international law. 412.2 POLICY The Fresno County Sheriff's Office respects international laws related to the special privileges and immunities afforded foreign diplomatic and consular representatives assigned to the United States. All foreign diplomatic and consular representatives shall be treated with respect and courtesy, regardless of any privileges or immunities afforded them. 412.3 CLAIMS OF IMMUNITY If a member comes into contact with a person where law enforcement action may be warranted and the person claims diplomatic or consular privileges and immunities, the member should, without delay: (a)Notify a supervisor. (b)Advise the person that his/her claim will be investigated and he/she may be released in accordance with the law upon confirmation of the person’s status. (c)Request the person’s identification card, either issued by the U.S. Department of State (DOS), Office of the Chief of Protocol, or in the case of persons accredited to the United Nations, by the U.S. Mission to the United Nations. These are the only reliable documents for purposes of determining privileges and immunities. (d)Contact the DOS Diplomatic Security Command Center at 571-345-3146 or toll free at 866-217-2089, or at another current telephone number and inform the center of the circumstances. (e)Verify the immunity status with DOS and follow any instructions regarding further detention, arrest, prosecution and/or release, as indicated by the DOS representative. This may require immediate release, even if a crime has been committed. (f)Forward all contact information to the Vice Intelligence Unit. Identity or immunity status should not be presumed from the type of license plates displayed on a vehicle. If there is a question as to the status or the legitimate possession of a Diplomat or Consul license plate, a query should be run via the National Law Enforcement Telecommunications System (NLETS), designating “US” as the state. Fresno County Sheriff's Office Policy Manual Foreign Diplomatic and Consular Representatives Copyright Lexipol, LLC 2019/06/10, All Rights Reserved. Published with permission by Fresno County Sheriff's Office Foreign Diplomatic and Consular Representatives - 241 412.4 ENFORCEMENT If the DOS is not immediately available for consultation regarding law enforcement action, members shall be aware of the following: (a)Generally, all persons with diplomatic and consular privileges and immunities may be issued a citation or notice to appear. However, the person may not be compelled to sign the citation. (b)All persons, even those with a valid privilege or immunity, may be reasonably restrained in exigent circumstances for purposes of self-defense, public safety or the prevention of serious criminal acts. (c)An impaired foreign diplomatic or consular representative may be prevented from driving a vehicle, even if the person may not be arrested due to privileges and immunities. 1.Investigations, including the request for field sobriety tests, chemical tests and any other tests regarding impaired driving may proceed but they shall not be compelled. (d)The following persons may not be detained or arrested, and any property or vehicle owned by these persons may not be searched or seized: 1.Diplomatic-level staff of missions to international organizations and recognized family members 2.Diplomatic agents and recognized family members 3.Members of administrative and technical staff of a diplomatic mission and recognized family members 4.Career consular officers, unless the person is the subject of a felony warrant (e)The following persons may generally be detained and arrested: 1.International organization staff; however, some senior officers are entitled to the same treatment as diplomatic agents. 2.Support staff of missions to international organizations 3.Diplomatic service staff and consular employees; however, special bilateral agreements may exclude employees of certain foreign countries. 4.Honorary consular officers 5.Whenever a deputy arrests and incarcerates, or detains for investigation for over two hours, a person with diplomatic and consular privileges and immunities, the deputy shall promptly advise the person that he/she is entitled to have his/her government notified of the arrest or detention (Penal Code § 834c). If the individual wants his/her government notified, the deputy shall begin the notification process. Fresno County Sheriff's Office Policy Manual Foreign Diplomatic and Consular Representatives Copyright Lexipol, LLC 2019/06/10, All Rights Reserved. Published with permission by Fresno County Sheriff's Office Foreign Diplomatic and Consular Representatives - 242 412.5 DOCUMENTATION All contacts with persons who have claimed privileges and immunities afforded foreign diplomatic and consular representatives should be thoroughly documented and the related reports forwarded to DOS. 412.6 DIPLOMATIC IMMUNITY TABLE Reference table on diplomatic immunity: Category Arrested or Detained Enter Residence Subject to Ordinary Procedures Issued Traffic Citation Subpoenaed as Witness Prosecuted Recognized Family Members Diplomatic Agent No (note (b)) No Yes No No Same as sponsor (full immunity & inviolability) Member of Admin and Tech Staff No (note (b)) No Yes No No Same as sponsor (full immunity & inviolability) Service Staff Yes (note (a)) Yes Yes Yes No for official acts. Yes otherwise (note (a)) No immunity or inviolability (note (a)) Career Consul Officer Yes if for a felony and pursuant to a warrant (note (a)) Yes (note (d)) Yes No for official acts Testimony may not be compelled in any case No for official acts. Yes otherwise (note (a)) No immunity or inviolability Honorable Consul Officer Yes Yes Yes No for official acts Yes otherwise. No for official acts Yes otherwise No immunity or inviolability Consulate Employees Yes (note (a)) Yes Yes No for official acts Yes otherwise. No for official acts. Yes otherwise (note (a)) No immunity or inviolability (note (a)) Int’l Org Staff (note (b)) Yes (note (c)) Yes (note (c)) Yes Yes (note (c)) No for official acts. Yes otherwise (note (c)) No immunity or inviolability Fresno County Sheriff's Office Policy Manual Foreign Diplomatic and Consular Representatives Copyright Lexipol, LLC 2019/06/10, All Rights Reserved. Published with permission by Fresno County Sheriff's Office Foreign Diplomatic and Consular Representatives - 243 Diplomatic- Level Staff of Missions to Int’l Org No (note (b)) No Yes No No Same as sponsor (full immunity & inviolability) Support Staff of Missions to Int’l Orgs Yes Yes Yes Yes No for official acts Yes otherwise No immunity or inviolability Notes for diplomatic immunity table: (a)This table presents general rules. The employees of certain foreign countries may enjoy higher levels of privileges and immunities on the basis of special bilateral agreements. (b)Reasonable constraints, however, may be applied in emergency circumstances involving self-defense, public safety, or in the prevention of serious criminal acts. (c)A small number of senior officers are entitled to be treated identically to diplomatic agents. (d)Note that consul residences are sometimes located within the official consular premises. In such cases, only the official office space is protected from police entry. Policy 413 Fresno County Sheriff's Office Policy Manual Copyright Lexipol, LLC 2019/06/10, All Rights Reserved. Published with permission by Fresno County Sheriff's Office Rapid Response and Deployment - 244 Rapid Response and Deployment 413.1 PURPOSE AND SCOPE Violence that is committed in schools, workplaces and other locations by individuals or a group of individuals who are determined to target and kill persons and to create mass casualties presents a difficult situation for law enforcement. The purpose of this policy is to identify guidelines and factors that will assist responding deputies in situations that call for rapid response and deployment. 413.2 POLICY The Fresno County Sheriff's Office will endeavor to plan for rapid response to crisis situations, and to coordinate response planning with other emergency services as well as with those that are responsible for operating sites that may be the target of a critical incident. Nothing in this policy shall preclude the use of reasonable force, deadly or otherwise, by members of the Office in protecting themselves or others from death or serious injury. 413.3 FIRST RESPONSE If there is a reasonable belief that acts or threats by a suspect are placing lives in imminent danger, first responding deputies should consider reasonable options to reduce, prevent or eliminate the threat. Deputies must decide, often under a multitude of difficult and rapidly evolving circumstances, whether to advance on the suspect, take other actions to deal with the threat or wait for additional resources. If a suspect is actively engaged in the infliction of serious bodily harm or other life-threatening activity toward others, deputies should take immediate action, if reasonably possible, while requesting additional assistance. Deputies should remain aware of the possibility that an incident may be part of a coordinated multi- location attack that may require some capacity to respond to other incidents at other locations. When deciding on a course of action deputies should consider: (a)Whether to advance on or engage a suspect who is still a possible or perceived threat to others. Any advance or engagement should be based on information known or received at the time. (b)Whether to wait for additional resources or personnel. This does not preclude an individual deputy from taking immediate action. (c)Whether individuals who are under imminent threat can be moved or evacuated with reasonable safety. (d)Whether the suspect can be contained or denied access to victims. (e)Whether the deputies have the ability to effectively communicate with other personnel or resources. Fresno County Sheriff's Office Policy Manual Rapid Response and Deployment Copyright Lexipol, LLC 2019/06/10, All Rights Reserved. Published with permission by Fresno County Sheriff's Office Rapid Response and Deployment - 245 (f)Whether planned tactics can be effectively deployed. (g)The availability of rifles, shotguns, shields, breaching tools, control devices and any other appropriate tools, and whether the deployment of these tools will provide a tactical advantage. In a case of a barricaded suspect with no hostages and no immediate threat to others, deputies should consider summoning and waiting for additional assistance (special tactics and/or hostage negotiation team response). 413.4 CONSIDERATIONS When dealing with a crisis situation members should: (a)Assess the immediate situation and take reasonable steps to maintain operative control of the incident. (b)Obtain, explore and analyze sources of intelligence and known information regarding the circumstances, location and suspect involved in the incident. (c)Attempt to attain a tactical advantage over the suspect by reducing, preventing or eliminating any known or perceived threat. (d)Attempt, if feasible and based upon the suspect’s actions and danger to others, a negotiated surrender of the suspect and release of the hostages. 413.5 PLANNING The Patrol Bureau Commander should coordinate critical incident planning. Planning efforts should consider: (a)Identification of likely critical incident target sites, such as schools, shopping centers, entertainment and sporting event venues. (b)Availability of building plans and venue schematics of likely critical incident target sites. (c)Communications interoperability with other law enforcement and emergency service agencies. (d)Training opportunities in critical incident target sites, including joint training with site occupants. (e)Evacuation routes in critical incident target sites. (f)Patrol first-response training. (g)Response coordination and resources of emergency medical and fire services. (h)Equipment needs. (i)Mutual aid agreements with other agencies. (j)Coordination with private security providers in critical incident target sites. Fresno County Sheriff's Office Policy Manual Rapid Response and Deployment Copyright Lexipol, LLC 2019/06/10, All Rights Reserved. Published with permission by Fresno County Sheriff's Office Rapid Response and Deployment - 246 413.6 TRAINING The Training Manager should include rapid response to critical incidents in the training plan. This training should address: (a)Orientation to likely critical incident target sites, such as schools, shopping centers, entertainment and sporting event venues. (b)Communications interoperability with other law enforcement and emergency service agencies. (c)Patrol first-response training, including patrol rifle, shotgun, breaching tool and control device training. 1.This should include the POST terrorism incident training required for deputies assigned to field duties (Penal Code § 13519.12). (d)First aid, including gunshot trauma. (e)Reality-based scenario training (e.g., active shooter, disgruntled violent worker). Policy 417 Fresno County Sheriff's Office Policy Manual Copyright Lexipol, LLC 2019/06/10, All Rights Reserved. Published with permission by Fresno County Sheriff's Office Aircraft Accidents - 247 Aircraft Accidents 417.1 PURPOSE AND SCOPE The purpose of this policy is to provide office members with guidelines for handling aircraft accidents. This policy does not supersede, and is supplementary to, applicable portions of the Crime and Disaster Scene Integrity, Emergency Management Plan and Hazardous Material Response policies. 417.1.1 DEFINITIONS Definitions related to this policy include: Aircraft - Any fixed wing aircraft, rotorcraft, balloon, blimp/dirigible or glider that is capable of carrying a person or any unmanned aerial vehicle other than those intended for non-commercial recreational use. 417.2 POLICY It is the policy of the Fresno County Sheriff's Office to provide an appropriate emergency response to aircraft accidents. This includes emergency medical care and scene management. 417.3 ARRIVAL AT SCENE Deputies or other authorized members tasked with initial scene management should establish an inner and outer perimeter to: (a)Protect persons and property. (b)Prevent any disturbance or further damage to the wreckage or debris, except to preserve life or rescue the injured. (c)Preserve ground scars and marks made by the aircraft. (d)Manage the admission and access of public safety and medical personnel to the extent necessary to preserve life or to stabilize hazardous materials. (e)Maintain a record of persons who enter the accident site. (f)Consider implementation of an Incident Command System (ICS). 417.4 INJURIES AND CASUALTIES Members should address emergency medical issues and provide care as a first priority. Those tasked with the supervision of the scene should coordinate with the National Transportation Safety Board (NTSB) before the removal of bodies. If that is not possible, the scene supervisor should ensure documentation of what was disturbed, including switch/control positions and instrument/gauge readings. Fresno County Sheriff's Office Policy Manual Aircraft Accidents Copyright Lexipol, LLC 2019/06/10, All Rights Reserved. Published with permission by Fresno County Sheriff's Office Aircraft Accidents - 248 417.5 NOTIFICATIONS When an aircraft accident is reported to this office, the responding supervisor shall ensure notification is or has been made to NTSB, the Federal Aviation Administration (FAA), and when applicable, the appropriate branch of the military. Supervisors shall ensure other notifications are made once an aircraft accident has been reported. The notifications will vary depending on the type of accident, extent of injuries or damage, and the type of aircraft involved. When an aircraft accident has occurred, it is generally necessary to notify the following: (a)Fire department (b)Appropriate airport tower (c)Emergency medical services (EMS) 417.6 CONTROLLING ACCESS AND SCENE AUTHORITY Prior to NTSB arrival, scene access should be limited to authorized personnel from the: (a)FAA. (b)Fire department, EMS or other assisting law enforcement agencies. (c)Coroner. (d)Air Carrier/Operators investigative teams with NTSB approval. (e)Appropriate branch of the military, when applicable. (f)Other emergency services agencies (e.g., hazardous materials teams, biohazard decontamination teams, fuel recovery specialists, explosive ordnance disposal specialists). The NTSB has primary responsibility for investigating accidents involving civil aircraft. In the case of a military aircraft accident, the appropriate branch of the military will have primary investigation responsibility. After the NTSB or military representative arrives on-scene, the efforts of this office will shift to a support role for those agencies. If NTSB or a military representative determines that an aircraft or accident does not qualify under its jurisdiction, the on-scene office supervisor should ensure the accident is still appropriately investigated and documented. 417.7 DANGEROUS MATERIALS Members should be aware of potentially dangerous materials that might be present. These may include, but are not limited to: (a)Fuel, chemicals, explosives, biological or radioactive materials and bombs or other ordnance. (b)Pressure vessels, compressed gas bottles, accumulators and tires. Fresno County Sheriff's Office Policy Manual Aircraft Accidents Copyright Lexipol, LLC 2019/06/10, All Rights Reserved. Published with permission by Fresno County Sheriff's Office Aircraft Accidents - 249 (c)Fluids, batteries, flares and igniters. (d)Evacuation chutes, ballistic parachute systems and composite materials. 417.8 DOCUMENTATION All aircraft accidents occurring within the County of Fresno shall be documented. At a minimum the documentation should include the date, time and location of the incident; any witness statements, if taken; the names of FSO members deployed to assist; other County resources that were utilized; and cross reference information to other investigating agencies. Suspected criminal activity should be documented on the appropriate crime report. 417.8.1 WRECKAGE When reasonably safe, members should: (a)Obtain the aircraft registration number (N number) and note the type of aircraft. (b)Attempt to ascertain the number of casualties. (c)Obtain photographs or video of the overall wreckage, including the cockpit and damage, starting at the initial point of impact, if possible, and any ground scars or marks made by the aircraft. 1.Military aircraft may contain classified equipment and therefore shall not be photographed unless authorized by a military commanding officer (18 USC § 795). (d)Secure, if requested by the lead authority, any electronic data or video recorders from the aircraft that became dislodged or cell phones or other recording devices that are part of the wreckage. (e)Acquire copies of any recordings from security cameras that may have captured the incident. 417.8.2 WITNESSES Members tasked with contacting witnesses should obtain: (a)The location of the witness at the time of his/her observation relative to the accident site. (b)A detailed description of what was observed or heard. (c)Any photographs or recordings of the accident witnesses may be willing to voluntarily surrender. (d)The names of all persons reporting the accident, even if not yet interviewed. (e)Any audio recordings of reports to 9-1-1 regarding the accident and dispatch records. 417.9 MEDIA RELATIONS The Public Information Officer (PIO) should coordinate a response to the media, including access issues, road closures, detours and any safety information that is pertinent to the surrounding community. Any release of information regarding details of the accident itself should Fresno County Sheriff's Office Policy Manual Aircraft Accidents Copyright Lexipol, LLC 2019/06/10, All Rights Reserved. Published with permission by Fresno County Sheriff's Office Aircraft Accidents - 250 be coordinated with the NTSB or other authority who may have assumed responsibility for the investigation. Depending on the type of aircraft, the airline or the military may be responsible for family notifications and the release of victims’ names. The PIO should coordinate with other involved entities before the release of information. Policy 418 Fresno County Sheriff's Office Policy Manual Copyright Lexipol, LLC 2019/06/10, All Rights Reserved. Published with permission by Fresno County Sheriff's Office Field Training Program - 251 Field Training Program 418.1 PURPOSE AND SCOPE The Field Training Program is intended to provide a standardized program to facilitate the deputy’s transition from the academic setting to the actual performance of general law enforcement duties of the Fresno County Sheriff's Office. It is the policy of this office to assign all new sheriff deputies to a structured Field Training Program that is designed to prepare the new deputy to perform in a patrol assignment, and possessing all skills needed to operate in a safe, productive and professional manner. 418.2 FIELD TRAINING OFFICER - SELECTION AND TRAINING The Field Training Officer (FTO) is an experienced deputy trained in the art of supervising, training and evaluating entry level and lateral sheriff deputies in the application of their previously acquired knowledge and skills. 418.2.1 SELECTION PROCESS FTOs will be selected based on the following requirements: (a)Desire to be a FTO (b)Minimum of one year of patrol experience (c)Be a deputy level III or IV (d)Demonstrated ability as a positive role model (e)Possess a POST Basic certificate (f)Have a performance history review to include a current, satisfactory or better, performance evaluation (g)Optional: Participate and pass an internal assessment center selection process 418.2.2 TRAINING A deputy selected as a Field Training Officer shall successfully complete a POST certified (40- hour) Field Training Officer’s Course prior to being assigned as a FTO. All FTOs must complete a 24-hour Patrol Training Officer update course every three years while assigned to the position of FTO (11 CCR 1004). All FTOs must meet any training mandate regarding crisis intervention behavioral health training pursuant to Penal Code § 13515.28. 418.3 FIELD TRAINING OFFICER PROGRAM SUPERVISOR The FTO Program supervisor should be selected from the rank of sergeant or above by the Patrol Bureau Commander or a designee and should possess, or be eligible to receive, a POST Supervisory Certificate. Fresno County Sheriff's Office Policy Manual Field Training Program Copyright Lexipol, LLC 2019/06/10, All Rights Reserved. Published with permission by Fresno County Sheriff's Office Field Training Program - 252 418.3.1 FTO SUPERVISOR SELECTION PROCESS The FTO Supervisor will be selected based on the following requirements: (a) Desire to be a FTO Supervisor (b) Be off probation (c) Have a current, satisfactory or better, performance evaluation (d) Willing to attend and successfully complete required training courses Prior completion of the POST FTO Supervisor Course and Supervisor Administrative Course are desired, but not required to be selected as the FTO Supervisor. 418.3.2 FTO SUPERVISOR RESPONSIBILITIES The responsibilities of the FTO Program supervisor include the following: (a) Assignment of trainees to FTOs (b) Conduct FTO meetings (c) Maintain and ensure FTO/trainee performance evaluations are completed (d) Maintain, update and issue the Field Training Manual to each trainee (e) Monitor individual FTO performance (f) Monitor overall FTO Program (g) Maintain liaison with FTO coordinators of other agencies (h) Keep FTO Commander updated on trainee(s) performance and/or anything of significance (i) Develop ongoing training for FTOs The FTO Program supervisor will be required to successfully complete a POST approved Field Training Administrator’s Course within one year of appointment to this position (11 CCR § 1004(c)). 418.4 TRAINEE DEFINED Any entry level or lateral Deputy II newly appointed to the Fresno County Sheriff's Office who has successfully completed a POST approved Basic Academy. 418.5 REQUIRED TRAINING Entry level deputies shall be required to successfully complete the Field Training Program, consisting of a minimum of 16 weeks. The training period for a lateral deputy may be modified depending on the trainee’s demonstrated performance and level of experience, but shall consist of a minimum of 10 weeks. Fresno County Sheriff's Office Policy Manual Field Training Program Copyright Lexipol, LLC 2019/06/10, All Rights Reserved. Published with permission by Fresno County Sheriff's Office Field Training Program - 253 To the extent practicable, entry level and lateral deputies should be assigned to a variety of Field Training Officers, shifts and geographical areas during their Field Training Program. 418.5.1 FIELD TRAINING MANUAL Each new deputy will be issued a Field Training Manual at the beginning of his/her Primary Training Phase. This manual is an outline of the subject matter and/or skills necessary to properly function as a deputy with the Fresno County Sheriff's Office. The deputy shall become knowledgeable of the subject matter as outlined. He/she shall also become proficient with those skills as set forth in the manual. The Field Training Manual, along with the Field Training Program, will specifically cover those policies, procedures, rules and regulations adopted by the Fresno County Sheriff's Office. 418.6 EVALUATIONS Evaluations are an important component of the training process and shall be completed as outlined below. 418.6.1 FIELD TRAINING OFFICER The FTO will be responsible for the following: (a)Complete and submit a written evaluation on the performance of his/her assigned trainee to the FTO Coordinator on a daily basis. (b)Review the Daily Observation Report (DOR) with the trainee each day. (c)Complete a detailed end-of-phase performance evaluation on his/her assigned trainee at the end of each phase of training. (d)Sign off all completed topics contained in the Field Training Syllabus, noting the method(s) of learning and evaluating the performance of his/her assigned trainee. (e)Participate in bi-weekly FTO meetings to exchange information regarding the trainees progress. 418.6.2 IMMEDIATE SUPERVISOR The immediate supervisor shall review and approve the DORs and forward them to the Field Training Commander. 418.6.3 FIELD TRAINING COMMANDER The Field Training Commander will review and approve the Daily Observation Reports submitted by the FTO through his/her immediate supervisor. 418.6.4 TRAINEE At the completion of the Field Training Program, the trainee shall submit a confidential performance evaluation on each of their FTOs and on the Field Training Program. Fresno County Sheriff's Office Policy Manual Field Training Program Copyright Lexipol, LLC 2019/06/10, All Rights Reserved. Published with permission by Fresno County Sheriff's Office Field Training Program - 254 418.7 DOCUMENTATION All documentation of the Field Training Program will be retained in the deputy’s training files and will include the following: (a)Daily Observation Reports (b)End of phase evaluations (c)An Attestation from the Field Training Commander certifying that the trainee has successfully completed the required number of hours of field training Policy 419 Fresno County Sheriff's Office Policy Manual Copyright Lexipol, LLC 2019/06/10, All Rights Reserved. Published with permission by Fresno County Sheriff's Office Obtaining Air Support - 255 Obtaining Air Support 419.1 PURPOSE AND SCOPE The use of a law enforcement helicopter or fixed wing aircraft can be invaluable in certain situations. This policy specifies potential situations where the use of an aircraft may be requested and the responsibilities for making a request. 419.2 REQUEST FOR AIRCRAFT ASSISTANCE If a supervisor or deputy in charge of an incident determines that the use of an aircraft would be beneficial, a request to obtain aircraft assistance may be made. 419.2.1 REQUEST FOR ASSISTANCE FROM ANOTHER AGENCY After the request for an aircraft from another agency has been made, the Watch Commander, or his/her designee, will call the closest agency having aircraft support available. The Watch Commander on duty, or his/her designee, will apprise that agency of the specific details of the incident prompting the request. 419.2.2 CIRCUMSTANCES UNDER WHICH AID MAY BE REQUESTED Law enforcement aircraft may be requested under any of the following conditions: (a)When the aircraft is activated under existing mutual aid agreements (b)Whenever the safety of law enforcement personnel is in jeopardy and the presence of the aircraft may reduce such hazard (c)When the use of the aircraft will aid in the capture of a fleeing suspect (d)When an aircraft is needed to locate a person who has strayed or is lost and whose continued absence constitutes a serious health or safety hazard (e)Vehicle pursuits (f)Suspicious vehicles (g)Any other incident where an aircraft would be helpful to the deputy While it is recognized that the availability of aircraft support will generally provide valuable assistance to ground personnel, the presence of an aircraft will rarely replace the need for deputies on the ground. Policy 422 Fresno County Sheriff's Office Policy Manual Copyright Lexipol, LLC 2019/06/10, All Rights Reserved. Published with permission by Fresno County Sheriff's Office Patrol Watch Commanders - 256 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's Office Policy Manual Copyright Lexipol, LLC 2019/06/10, All Rights Reserved. Published with permission by Fresno County Sheriff's Office Portable Audio/Video Recorders - 257 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's Office facility, authorized undercover operations, wiretaps or eavesdropping (concealed listening devices). 424.2 POLICY The Fresno County Sheriff'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's Office Policy Manual Portable Audio/Video Recorders Copyright Lexipol, LLC 2019/06/10, All Rights Reserved. Published with permission by Fresno County Sheriff's Office Portable Audio/Video Recorders - 258 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's Office Policy Manual Portable Audio/Video Recorders Copyright Lexipol, LLC 2019/06/10, All Rights Reserved. Published with permission by Fresno County Sheriff's Office Portable Audio/Video Recorders - 259 424.5.3 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's Office Policy Manual Portable Audio/Video Recorders Copyright Lexipol, LLC 2019/06/10, All Rights Reserved. Published with permission by Fresno County Sheriff's Office Portable Audio/Video Recorders - 260 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's Office Policy Manual Portable Audio/Video Recorders Copyright Lexipol, LLC 2019/06/10, All Rights Reserved. Published with permission by Fresno County Sheriff's Office Portable Audio/Video Recorders - 261 (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'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 425 Fresno County Sheriff's Office Policy Manual Copyright Lexipol, LLC 2019/06/10, All Rights Reserved. Published with permission by Fresno County Sheriff's Office Public Recording of Law Enforcement Activity - 262 Public Recording of Law Enforcement Activity 425.1 PURPOSE AND SCOPE This policy provides guidelines for handling situations in which members of the public photograph or audio/video record law enforcement actions and other public activities that involve members of this office. In addition, this policy provides guidelines for situations where the recordings may be evidence. 425.2 POLICY The Fresno County Sheriff's Office recognizes the right of persons to lawfully record members of this office who are performing their official duties. Members of this office will not prohibit or intentionally interfere with such lawful recordings. Any recordings that are deemed to be evidence of a crime or relevant to an investigation will only be collected or seized lawfully. Deputies should exercise restraint and should not resort to highly discretionary arrests for offenses such as interference, failure to comply or disorderly conduct as a means of preventing someone from exercising the right to record members performing their official duties. 425.3 RECORDING LAW ENFORCEMENT ACTIVITY Members of the public who wish to record law enforcement activities are limited only in certain aspects. (a)Recordings may be made from any public place or any private property where the individual has the legal right to be present (Penal Code § 69; Penal Code § 148). (b)Beyond the act of photographing or recording, individuals may not interfere with the law enforcement activity. Examples of interference include, but are not limited to: 1.Tampering with a witness or suspect. 2.Inciting others to violate the law. 3.Being so close to the activity as to present a clear safety hazard to the deputies. 4.Being so close to the activity as to interfere with a deputy’s effective communication with a suspect or witness. (c)The individual may not present an undue safety risk to the deputies, him/herself or others. 425.4 DEPUTY RESPONSE Deputies should promptly request that a supervisor respond to the scene whenever it appears that anyone recording activities may be interfering with an investigation or it is believed that the recording may be evidence. If practicable, deputies should wait for the supervisor to arrive before taking enforcement action or seizing any cameras or recording media. Whenever practicable, deputies or supervisors should give clear and concise warnings to individuals who are conducting themselves in a manner that would cause their recording or Fresno County Sheriff's Office Policy Manual Public Recording of Law Enforcement Activity Copyright Lexipol, LLC 2019/06/10, All Rights Reserved. Published with permission by Fresno County Sheriff's Office Public Recording of Law Enforcement Activity - 263 behavior to be unlawful. Accompanying the warnings should be clear directions on what an individual can do to be compliant; directions should be specific enough to allow compliance. For example, rather than directing an individual to clear the area, a deputy could advise the person that he/she may continue observing and recording from the sidewalk across the street. If an arrest or other significant enforcement activity is taken as the result of a recording that interferes with law enforcement activity, deputies shall document in a report the nature and extent of the interference or other unlawful behavior and the warnings that were issued. 425.5 SUPERVISOR RESPONSIBILITIES A supervisor should respond to the scene when requested or any time the circumstances indicate a likelihood of interference or other unlawful behavior. The supervisor should review the situation with the deputy and: (a)Request any additional assistance as needed to ensure a safe environment. (b)Take a lead role in communicating with individuals who are observing or recording regarding any appropriate limitations on their location or behavior. When practical, the encounter should be recorded. (c)When practicable, allow adequate time for individuals to respond to requests for a change of location or behavior. (d)Ensure that any enforcement, seizure or other actions are consistent with this policy and constitutional and state law. (e)Explain alternatives for individuals who wish to express concern about the conduct of Office members, such as how and where to file a complaint. 425.6 SEIZING RECORDINGS AS EVIDENCE Deputies should not seize recording devices or media unless (42 USC § 2000aa): (a)There is probable cause to believe the person recording has committed or is committing a crime to which the recording relates, and the recording is reasonably necessary for prosecution of the person. 1.Absent exigency or consent, a warrant should be sought before seizing or viewing such recordings. Reasonable steps may be taken to prevent erasure of the recording. (b)There is reason to believe that the immediate seizure of such recordings is necessary to prevent serious bodily injury or death of any person. (c)The person consents. 1.To ensure that the consent is voluntary, the request should not be made in a threatening or coercive manner. 2.If the original recording is provided, a copy of the recording should be provided to the recording party, if practicable. The recording party should be permitted to be present while the copy is being made, if feasible. Another way to obtain Fresno County Sheriff's Office Policy Manual Public Recording of Law Enforcement Activity Copyright Lexipol, LLC 2019/06/10, All Rights Reserved. Published with permission by Fresno County Sheriff's Office Public Recording of Law Enforcement Activity - 264 the evidence is to transmit a copy of the recording from a device to a office- owned device. Recording devices and media that are seized will be submitted within the guidelines of the pending Property and Evidence Policy. Policy 428 Fresno County Sheriff's Office Policy Manual Copyright Lexipol, LLC 2019/06/10, All Rights Reserved. Published with permission by Fresno County Sheriff's Office Foot Pursuits - 265 Foot Pursuits 428.1 PURPOSE AND SCOPE This policy provides guidelines to assist deputies in making the decision to initiate or continue the pursuit of suspects on foot. 428.1.1 POLICY It is the policy of this office when deciding to initiate or continue a foot pursuit that deputies must continuously balance the objective of apprehending the suspect with the risk and potential for injury to office personnel, the public or the suspect. Deputies are expected to act reasonably, based on the totality of the circumstances. Absent exigent circumstances, the safety of office personnel and the public should be the primary consideration when determining whether a foot pursuit should be initiated or continued. Deputies must be mindful that immediate apprehension of a suspect is rarely more important than the safety of the public and office personnel. 428.2 DECISION TO PURSUE The safety of office members and the public should be the primary consideration when determining whether a foot pursuit should be initiated or continued. Deputies must be mindful that immediate apprehension of a suspect is rarely more important than the safety of the public and office members. Deputies may be justified in initiating a foot pursuit of any individual the deputy reasonably believes is about to engage in, is engaging in or has engaged in criminal activity. The decision to initiate or continue such a foot pursuit, however, must be continuously re-evaluated in light of the circumstances presented at the time. Mere flight by a person who is not suspected of criminal activity shall not serve as justification for engaging in an extended foot pursuit without the development of reasonable suspicion regarding the individual’s involvement in criminal activity or being wanted by law enforcement. Deciding to initiate or continue a foot pursuit is a decision that a deputy must make quickly and under unpredictable and dynamic circumstances. It is recognized that foot pursuits may place office members and the public at significant risk. Therefore, no deputy or supervisor shall be criticized or disciplined for deciding not to engage in a foot pursuit because of the perceived risk involved. If circumstances permit, surveillance and containment are generally the safest tactics for apprehending fleeing persons. In deciding whether to initiate or continue a foot pursuit, a deputy should continuously consider reasonable alternatives to a foot pursuit based upon the circumstances and resources available, such as: (a)Containment of the area. Fresno County Sheriff's Office Policy Manual Foot Pursuits Copyright Lexipol, LLC 2019/06/10, All Rights Reserved. Published with permission by Fresno County Sheriff's Office Foot Pursuits - 266 (b)Saturation of the area with law enforcement personnel, including assistance from other agencies. (c)A canine search. (d)Thermal imaging or other sensing technology. (e)Air support. (f)Apprehension at another time when the identity of the suspect is known or there is information available that would likely allow for later apprehension, and the need to immediately apprehend the suspect does not reasonably appear to outweigh the risk of continuing the foot pursuit. 428.3 GENERAL GUIDELINES When reasonably practicable, deputies should consider alternatives to engaging in or continuing a foot pursuit when: (a)Directed by a supervisor to terminate the foot pursuit; such an order shall be considered mandatory (b)The deputy is acting alone. (c)Two or more deputies become separated, lose visual contact with one another, or obstacles separate them to the degree that they cannot immediately assist each other should a confrontation take place. In such circumstances, it is generally recommended that a single deputy keep the suspect in sight from a safe distance and coordinate the containment effort. (d)The deputy is unsure of his/her location and direction of travel. (e)The deputy is pursuing multiple suspects and it is not reasonable to believe that the deputy would be able to control the suspect should a confrontation occur. (f)The physical condition of the deputy renders him/her incapable of controlling the suspect if apprehended. (g)The deputy loses radio contact with the dispatcher or with assisting or backup deputies. (h)The suspect enters a building, structure, confined space, isolated area or dense or difficult terrain, and there are insufficient deputies to provide backup and containment. The primary deputy should consider discontinuing the foot pursuit and coordinating containment pending the arrival of sufficient resources. (i)The deputy becomes aware of unanticipated or unforeseen circumstances that unreasonably increase the risk to deputies or the public. (j)The deputy reasonably believes that the danger to the pursuing deputies or public outweighs the objective of immediate apprehension. Fresno County Sheriff's Office Policy Manual Foot Pursuits Copyright Lexipol, LLC 2019/06/10, All Rights Reserved. Published with permission by Fresno County Sheriff's Office Foot Pursuits - 267 (k)The deputy loses possession of his/her firearm or other essential equipment. (l)The deputy or a third party is injured during the pursuit, requiring immediate assistance, and there are no other emergency personnel available to render assistance. (m)The suspect’s location is no longer definitely known. (n)The identity of the suspect is established or other information exists that will allow for the suspect’s apprehension at a later time, and it reasonably appears that there is no immediate threat to office members or the public if the suspect is not immediately apprehended. (o)The deputy’s ability to safely continue the pursuit is impaired by inclement weather, darkness or other environmental conditions. 428.4 RESPONSIBILITIES IN FOOT PURSUITS 428.4.1 INITIATING DEPUTY RESPONSIBILITIES Unless relieved by another deputy or a supervisor, the initiating deputy shall be responsible for coordinating the progress of the pursuit. When acting alone and when practicable, the initiating deputy should not attempt to overtake and confront the suspect but should attempt to keep the suspect in sight until sufficient deputies are present to safely apprehend the suspect. Early communication of available information from the involved deputies is essential so that adequate resources can be coordinated and deployed to bring a foot pursuit to a safe conclusion. Deputies initiating a foot pursuit should, at a minimum, broadcast the following information as soon as it becomes practicable and available: (a)Location and direction of travel (b)Call sign identifier (c)Reason for the foot pursuit, such as the crime classification (d)Number of suspects and description, to include name if known (e)Whether the suspect is known or believed to be armed with a dangerous weapon Deputies should be mindful that radio transmissions made while running may be difficult to understand and may need to be repeated. Absent extenuating circumstances, any deputy unable to promptly and effectively broadcast this information should terminate the foot pursuit. If the foot pursuit is discontinued for any reason, immediate efforts for containment should be established and alternatives considered based upon the circumstances and available resources. When a foot pursuit terminates, the deputy will notify the dispatcher of his/her location and the status of the pursuit termination (e.g., suspect in custody, lost sight of suspect), and will direct Fresno County Sheriff's Office Policy Manual Foot Pursuits Copyright Lexipol, LLC 2019/06/10, All Rights Reserved. Published with permission by Fresno County Sheriff's Office Foot Pursuits - 268 further actions as reasonably appear necessary, to include requesting medical aid as needed for deputies, suspects or members of the public. 428.4.2 ASSISTING DEPUTY RESPONSIBILITIES Whenever any deputy announces that he/she is engaged in a foot pursuit, all other deputies should minimize non-essential radio traffic to permit the involved deputies maximum access to the radio frequency. 428.4.3 SUPERVISOR RESPONSIBILITIES Upon becoming aware of a foot pursuit, the supervisor shall make every reasonable effort to ascertain sufficient information to direct responding resources and to take command, control and coordination of the foot pursuit. The supervisor should respond to the area whenever possible; the supervisor does not, however, need not be physically present to exercise control over the foot pursuit. The supervisor shall continuously assess the situation in order to ensure the foot pursuit is conducted within established office guidelines. The supervisor shall terminate the foot pursuit when the danger to pursuing deputies or the public appears to unreasonably outweigh the objective of immediate apprehension of the suspect. Upon apprehension of the suspect, the supervisor should promptly proceed, if feasible, to the termination point to direct the post-foot pursuit activity. 428.4.4 THE COMMUNICATIONS CENTER RESPONSIBILITIES Upon notification or becoming aware that a foot pursuit is in progress, the dispatcher is responsible for: (a)Clearing the radio channel of non-emergency traffic. (b)Coordinating pursuit communications of the involved deputies. (c)Broadcasting pursuit updates as well as other pertinent information as necessary. (d)Ensuring that a field supervisor is notified of the foot pursuit. (e)Notifying and coordinating with other involved or affected agencies as practicable. (f)Notifying the Watch Commander as soon as practicable. 428.5 REPORTING REQUIREMENTS The initiating deputy shall complete appropriate crime/arrest reports documenting, at minimum: (a)Date and time of the foot pursuit. (b)Initial reason and circumstances surrounding the foot pursuit. (c)Course and approximate distance of the foot pursuit. (d)Alleged offenses. (e)Involved vehicles and deputies. (f)Whether a suspect was apprehended as well as the means and methods used. Fresno County Sheriff's Office Policy Manual Foot Pursuits Copyright Lexipol, LLC 2019/06/10, All Rights Reserved. Published with permission by Fresno County Sheriff's Office Foot Pursuits - 269 1.Any use of force shall be reported and documented in compliance with the Use of Force Policy. (g)Arrestee information, if applicable. (h)Any injuries and/or medical treatment. (i)Any property or equipment damage. Assisting deputies taking an active role in the apprehension of the suspect shall complete supplemental reports as necessary or as directed. The supervisor reviewing the report will make a preliminary determination that the pursuit appears to be in compliance with this policy or that additional review and/or follow-up is warranted. In any case in which a suspect is not apprehended and there is insufficient information to support further investigation, a supervisor may authorize that the initiating deputy need not complete a formal report. 428.6 POLICY It is the policy of this office that deputies, when deciding to initiate or continue a foot pursuit, continuously balance the objective of apprehending the suspect with the risk and potential for injury to office members, the public or the suspect. Deputies are expected to act reasonably, based on the totality of the circumstances. Policy 429 Fresno County Sheriff's Office Policy Manual Copyright Lexipol, LLC 2019/06/10, All Rights Reserved. Published with permission by Fresno County Sheriff's Office Automated License Plate Readers (ALPRs) - 270 Automated License Plate Readers (ALPRs) 429.1 PURPOSE AND SCOPE The purpose of this policy is to provide guidance for the capture, storage and use of Automated License Plate Reader (ALPR) technology data and images obtained through the use of technology. All data and images gathered by the ALPR are for the official use of the Office. The data and images may contain confidential information, as such, it is not open to public review as we recognize the privacy rights of the public. 429.2 ADMINISTRATION The ALPR technology converts data associated with vehicle license plates for official law enforcement purposes and includes: stolen vehicles, wanted felony vehicles, vehicles with lost or stolen plates, missing persons, Amber Alerts, Silver Alerts, or other lawful reasons identifying stolen or wanted vehicles, homeland security, electronic surveillance, suspect interdiction and stolen property recovery. Installation and maintenance of ALPR equipment shall be managed by the individual Unit Commanders, in cooperation with the Office Fleet Manager/Lieutenant. (a)ALPR equipment shall not be installed in Office equipment without the prior approval/ coordination of Fleet Services. (b)Installation of LPR equipment must conform to Fleet standards for any unit. (c)The Information Technology Unit, in cooperation with the Bureau staff, may be consulted for any necessary mobile/platform services. This ensures the appropriate actions for repair or disposal of equipment with existing policy. 429.2.1 ALPR ADMINISTRATOR The Operations and Support Bureau shall be responsible for setting/updating guidelines and procedures that comply with the requirements of Civil Code § 1798.90.5 et seq. This includes, but is not limited to (Civil Code § 1798.90.51; Civil Code § 1798.90.53): (a)Procedures for system operators to maintain records of access in compliance with Civil Code § 1798.90.52. (b)The title and name of the current designee in overseeing the ALPR operation for each Bureau. (c)The data is not stored on a local computer/hardware. Any data extracted from the servicer (cloud-based) can be retained and viewed if the data is determined to be of evidentiary value in an ongoing criminal investigation. If no evidentiary value exists, the data should be purged within 60 days. Fresno County Sheriff's Office Policy Manual Automated License Plate Readers (ALPRs) Copyright Lexipol, LLC 2019/06/10, All Rights Reserved. Published with permission by Fresno County Sheriff's Office Automated License Plate Readers (ALPRs) - 271 429.3 OPERATIONS Use of an ALPR is restricted for law enforcement purposes or as permitted by law (Civil Code § 1798.90.55). Office members shall not use, or allow others to use, the equipment or database records for any unauthorized purpose (Civil Code § 1798.90.51; Civil Code § 1798.90.53). (a)No member of this office shall operate ALPR equipment or access ALPR data without first completing office-approved training. (b)If practicable, the Office/Task Force member should verify an ALPR response through the California Law Enforcement Telecommunications System (CLETS) before taking enforcement action that is based solely on an ALPR alert. 429.4 DATA COLLECTION AND RETENTION All data and images gathered by an ALPR are for the official use of the Fresno County Sheriff's Office should be stored for a minimum of one year (Government Code § 34090.6), and in accordance with an established records retention schedule. Any Office-owned ALPR data should be purged unless it has become, or it is reasonable to believe it will become, evidence in a criminal or civil action or is subject to a discovery request or other lawful action to produce records. Retention periods for ALPR data collected by commercial providers and/or other law enforcement agencies and made available to this office are set by those providers. 429.5 ACCOUNTABILITY All data will be closely safeguarded and protected by both procedural and technological means. The Sheriff’s Office will observe the following safeguards regarding access to and use of stored data (Civil Code § 1798.90.51; Civil Code § 1798.90.53): (a)All ALPR data downloaded to the mobile workstation and in storage shall be accessible only through a login/password-protected system capable of documenting all access of information by name, date and time (Civil Code § 1798.90.52). (b)Members approved to access ALPR data under these guidelines are permitted to access the data for legitimate law enforcement purposes only, such as when the data relate to a specific criminal investigation or office-related civil or administrative action. 1.All ALPR data downloaded to the mobile workstation and in storage shall be accessible only through a login/password-protected system capable of documenting all access of information by name, date and time (Civil Code § 1798.90.52). (c)ALPR system audits should be conducted on a quarterly basis. (d)The Custodian of Records through the Operation Support Bureau ensures this policy is conspicuously posted on the office's website. 429.6 RELEASING ALPR DATA The ALPR data may be shared only with other law enforcement or prosecutorial agencies for official law enforcement purposes or as otherwise permitted by law (Civil Code § 1798.90.55). The Fresno County Sheriff's Office Policy Manual Automated License Plate Readers (ALPRs) Copyright Lexipol, LLC 2019/06/10, All Rights Reserved. Published with permission by Fresno County Sheriff's Office Automated License Plate Readers (ALPRs) - 272 agency making a request for the ALPR data shall provide the name of the person requesting the data and the intended purpose of obtaining the information. The name of the agency, the name of the person requesting the data and the intended purpose of obtaining the information shall be entered into the free text area of the ALPR system when running a scan report. 429.7 TRAINING Every Commander should ensure that members falling under their command receive office- approved training for those authorized to use or access the ALPR system (Civil Code § 1798.90.51; Civil Code § 1798.90.53). Policy 430 Fresno County Sheriff's Office Policy Manual Copyright Lexipol, LLC 2019/06/10, All Rights Reserved. Published with permission by Fresno County Sheriff's Office Homeless Persons - 273 Homeless Persons 430.1 PURPOSE AND SCOPE The purpose of this policy is to ensure that personnel understand the needs and rights of the homeless and to establish procedures to guide deputies during all contacts with the homeless, whether consensual or for enforcement purposes. The Fresno County Sheriff's Office recognizes that members of the homeless community are often in need of special protection and services. The Fresno County Sheriff's Office will address these needs in balance with the overall mission of this office. Therefore, deputies will consider the following when serving the homeless community. 430.1.1 POLICY It is the policy of the Fresno County Sheriff's Office to provide law enforcement services to all members of the community, while protecting the rights, dignity and private property of the homeless. Homelessness is not a crime and members of this office will not use homelessness solely as a basis for detention or law enforcement action. 430.2 HOMELESS COMMUNITY LIAISON The Sheriff's Civil Sergeant will act as the Homeless Liaison. The responsibilities of the Homeless Liaison include the following: (a)Maintain and make available to all office employees a list of assistance programs and other resources that are available to the homeless. (b)Meet with social services and representatives of other organizations that render assistance to the homeless. (c)Maintain a list of the areas within and near this jurisdiction that are used as frequent homeless encampments. (d)Remain abreast of laws dealing with the removal and/or destruction of the personal property of the homeless. This will include: 1.Proper posting of notices of trespass and clean-up operations. 2.Proper retention of property after clean-up, to include procedures for owners to reclaim their property in accordance with the Property and Evidence Policy and other established procedures. (e)Be present during any clean-up operation conducted by this office involving the removal of personal property of the homeless to ensure that the rights of the homeless are not violated. (f)Develop training to assist deputies in understanding current legal and social issues relating to the homeless. Fresno County Sheriff's Office Policy Manual Homeless Persons Copyright Lexipol, LLC 2019/06/10, All Rights Reserved. Published with permission by Fresno County Sheriff's Office Homeless Persons - 274 430.3 FIELD CONTACTS Deputies are encouraged to contact the homeless for purposes of rendering aid, support and for community-oriented policing purposes. Nothing in this policy is meant to dissuade a deputy from taking reasonable enforcement action when facts support a reasonable suspicion of criminal activity. However, when encountering a homeless person who has committed a non-violent misdemeanor and continued freedom is not likely to result in a continuation of the offense or a breach of the peace, deputies are encouraged to consider long-term solutions to problems that may relate to the homeless, such as shelter referrals and counseling in lieu of physical arrest. Deputies should provide homeless persons with resource and assistance information whenever it is reasonably apparent that such services may be appropriate. 430.3.1 OTHER CONSIDERATIONS Homeless members of the community will receive the same level and quality of service provided to other members of the community. The fact that a victim or witness is homeless can, however, require special considerations for a successful investigation and prosecution. Deputies should consider the following when handling investigations involving homeless victims, witnesses or suspects: (a)Document alternate contact information. This may include obtaining addresses and phone numbers of relatives and friends. (b)Document places the homeless person may frequent. (c)Provide homeless victims with victim/witness resources when appropriate. (d)Obtain statements from all available witnesses in the event that a homeless victim is unavailable for a court appearance. (e)Consider whether the person may be a dependent adult or elder, and if so, proceed in accordance with the Adult Abuse Policy. 430.4 PERSONAL PROPERTY The personal property of homeless persons must not be treated differently than the property of other members of the public. Deputies should use reasonable care when handling, collecting and retaining the personal property of homeless persons and should not arbitrarily destroy or discard the personal property of a homeless person. All property will be discarded in accordance with the Property and Evidence Policy. When a homeless person is arrested or otherwise removed from a public place, deputies should make reasonable accommodations to permit the person to lawfully secure his/her personal property. Otherwise, the personal property should be collected for safekeeping. If the arrestee has more personal property than can reasonably be collected and transported by the deputy, a supervisor should be consulted. The property should be photographed and measures should be taken to remove or secure the property. It will be the supervisor’s responsibility to coordinate the removal and safekeeping of the property. Fresno County Sheriff's Office Policy Manual Homeless Persons Copyright Lexipol, LLC 2019/06/10, All Rights Reserved. Published with permission by Fresno County Sheriff's Office Homeless Persons - 275 Deputies should not conduct or assist in clean-up operations of belongings that reasonably appear to be the property of homeless persons without the prior authorization of a supervisor or the office Homeless Liaison. When practicable, requests by the public for clean-up of a homeless encampment should be referred to the Homeless Liaison. Deputies who encounter unattended encampments, bedding or other personal property in public areas that reasonably appears to belong to a homeless person should not remove or destroy such property and should inform the office Homeless Liaison if such property appears to involve a trespass, blight to the community or is the subject of a complaint. It will be the responsibility of the Homeless Liaison to address the matter in a timely fashion. 430.5 MENTAL ILLNESS AND MENTAL IMPAIRMENT Some homeless persons may suffer from a mental illness or a mental impairment. Deputies shall not detain a homeless person under a mental illness commitment unless facts and circumstances warrant such a detention (see the pending Crisis Intervention Incidents Policy). When a mental illness hold is not warranted, the contacting deputy should provide the homeless person with contact information for mental health assistance as appropriate. In these circumstances, deputies may provide transportation to a mental health specialist if requested by the person and approved by a supervisor. 430.6 ECOLOGICAL ISSUES Sometimes homeless encampments can impact the ecology and natural resources of the community and may involve criminal offenses beyond mere littering. Deputies are encouraged to notify other appropriate agencies or departments when a significant impact to the environment has or is likely to occur. Significant impacts to the environment may warrant a crime report, investigation, supporting photographs and supervisor notification. Policy 432 Fresno County Sheriff's Office Policy Manual Copyright Lexipol, LLC 2019/06/10, All Rights Reserved. Published with permission by Fresno County Sheriff's Office Civil Disputes - 276 Civil Disputes 432.1 PURPOSE AND SCOPE This policy provides members of the Fresno County Sheriff's Office with guidance for addressing conflicts between persons when no criminal investigation or enforcement action is warranted (e.g., civil matters), with the goal of minimizing any potential for violence or criminal acts. The Domestic Violence Policy will address specific legal mandates related to domestic violence court orders. References in this policy to “court orders” apply to any order of a court that does not require arrest or enforcement by the terms of the order or by California law. 432.2 POLICY The Fresno County Sheriff's Office recognizes that a law enforcement presence at a civil dispute can play an important role in the peace and safety of the community. Subject to available resources, members of this office will assist at the scene of civil disputes with the primary goal of safeguarding persons and property, preventing criminal activity and maintaining the peace. When handling civil disputes, members will remain impartial, maintain a calm presence, give consideration to all sides and refrain from giving legal or inappropriate advice. 432.3 GENERAL CONSIDERATIONS When appropriate, members handling a civil dispute should encourage the involved parties to seek the assistance of resolution services or take the matter to the civil courts. Members must not become personally involved in disputes and shall at all times remain impartial. While not intended to be an exhaustive list, members should give considerations to the following when handling civil disputes: (a)Civil disputes tend to be confrontational and members should be alert that they can escalate to violence very quickly. De-escalation techniques should be used when appropriate. (b)Members should not dismiss alleged or observed criminal violations as a civil matter and should initiate the appropriate investigation and report when criminal activity is apparent. (c)Members shall not provide legal advice, however, when appropriate, members should inform the parties when they are at risk of violating criminal laws. (d)Members are reminded that they shall not enter a residence or other non-public location without legal authority including valid consent. (e)Members should not take an unreasonable amount of time assisting in these matters and generally should contact a supervisor if it appears that peacekeeping efforts longer than 30 minutes are warranted. Fresno County Sheriff's Office Policy Manual Civil Disputes Copyright Lexipol, LLC 2019/06/10, All Rights Reserved. Published with permission by Fresno County Sheriff's Office Civil Disputes - 277 432.4 COURT ORDERS Disputes involving court orders can be complex. Where no mandate exists for a deputy to make an arrest for a violation of a court order, the matter should be addressed by documenting any apparent court order violation in a report. If there appears to be a more immediate need for enforcement action, the investigating deputy may consult a supervisor prior to making any arrest. If a person appears to be violating the terms of a court order but is disputing the validity of the order or its applicability, the investigating deputy should document the following: (a)The person’s knowledge of the court order or whether proof of service exists. (b)Any specific reason or rationale the involved person offers for not complying with the terms of the order. A copy of the court order should be attached to the report when available. Any case involving a court order violation that resulted in a deputy writing a crime report should be filed with the District Attorney's Office. However, there are incidents where some court order violations are more civil in nature and serve more as a form of documentation for the complaining party for future court proceedings. These types of incidents, though a technical violation of a court order, may not be filed with the District Attorney's Office at the direction of the unit supervisor. 432.4.1 STANDBY REQUESTS Deputy responding to a call for standby assistance to retrieve property should meet the person requesting assistance at a neutral location to discuss the process. The person should be advised that items that are disputed will not be allowed to be removed. The member may advise the person to seek private legal advice as to the distribution of disputed property. Members should accompany the person to the location of the property. Members should ask if the other party will allow removal of the property or whether the other party would remove the property. If the other party is uncooperative, the person requesting standby assistance should be instructed to seek private legal advice and obtain a court order to obtain the items. Deputies should not order the other party to allow entry or the removal of any items. If there is a restraining or similar order against the person requesting standby assistance, that person should be asked to leave the scene or they may be subject to arrest for violation of the order. If the other party is not present at the location, the member will not allow entry into the location or the removal of property from the location. 432.5 VEHICLES AND PERSONAL PROPERTY Deputies may be faced with disputes regarding possession or ownership of vehicles or other personal property. Deputies may review documents provided by parties or available databases (e.g., vehicle registration), but should be aware that legal possession of vehicles or personal property can be complex. Generally, deputies should not take any enforcement action unless a crime is apparent. The people and the vehicle or personal property involved should be identified and the incident documented. Fresno County Sheriff's Office Policy Manual Civil Disputes Copyright Lexipol, LLC 2019/06/10, All Rights Reserved. Published with permission by Fresno County Sheriff's Office Civil Disputes - 278 432.6 REAL PROPERTY Disputes over possession or occupancy of real property (e.g., land, homes, apartments) should generally be handled through a person seeking a court order. Policy 433 Fresno County Sheriff's Office Policy Manual Copyright Lexipol, LLC 2019/06/10, All Rights Reserved. Published with permission by Fresno County Sheriff's Office Suspicious Activity Reporting - 279 Suspicious Activity Reporting 433.1 PURPOSE AND SCOPE This policy provides guidelines for reporting and investigating suspicious and criminal activity. 433.1.1 DEFINITIONS Definitions related to this policy include: Involved party - An individual who has been observed engaging in suspicious activity, as defined in this policy, when no definitive criminal activity can be identified, thus precluding the person’s identification as a suspect. Suspicious activity - Any reported or observed activity that a member reasonably believes may have a nexus to any criminal act or attempted criminal act, or to foreign or domestic terrorism. Race, ethnicity, national origin or religious affiliation should not be considered as factors that create suspicion (although these factors may be used as specific suspect descriptions). Examples of suspicious activity may include, but are not limited to: •Suspected pre-operational surveillance or intelligence gathering (e.g., photographing security features, asking questions about sensitive security-related subjects). •Tests of security measures and response to incidents (e.g., “dry run,” creating false alarms, attempts to enter secure areas without authorization). •Suspicious purchases (e.g., purchasing large quantities of otherwise legal items, such as fertilizer, that could be used to create an explosive or other dangerous device). •An individual in possession of such things as a hoax explosive or dispersal device, sensitive materials (e.g., passwords, access codes, classified government information), or coded or ciphered literature or correspondence. 433.2 POLICY The Fresno County Sheriff's Office recognizes the need to protect the public from criminal conduct and acts of terrorism and shall lawfully collect, maintain and disseminate information regarding suspicious activities, while safeguarding civil liberties and privacy protections. 433.3 RESPONSIBILITIES The Detective Bureau Commander or authorized designees will manage follow-up investigations related to suspicious activities. Authorized designees should include supervisors who are responsible for office participation in criminal intelligence systems as outlined in the Criminal Organizations Policy. The responsibilities of the Detective Bureau Commander or designee include, but are not limited to: (a)Remaining familiar with those databases available to the Office that would facilitate the purpose of this policy. Fresno County Sheriff's Office Policy Manual Suspicious Activity Reporting Copyright Lexipol, LLC 2019/06/10, All Rights Reserved. Published with permission by Fresno County Sheriff's Office Suspicious Activity Reporting - 280 (b)Maintaining adequate training in the area of intelligence gathering to ensure no information is being maintained that would violate the law or civil rights of any individual. (c)Ensuring a process is available that would allow members to report relevant information. The process should be designed to promote efficient and quick reporting, and should not be cumbersome, duplicative or complicated. (d)Ensuring that members are made aware of the purpose and value of documenting information regarding suspicious activity, as well as the databases and other information resources that are available to the Office. (e)Ensuring that suspicious activity information is appropriately disseminated to members in accordance with their job responsibilities. (f)Coordinating investigative follow-up, if appropriate. (g)Coordinating with any appropriate agency or fusion center. (h)Ensuring that, as resources are available, the Office conducts outreach that is designed to encourage members of the community to report suspicious activity and that outlines what they should look for and how they should report it (e.g., website, public service announcements). 433.4 REPORTING AND INVESTIGATION Any office member receiving information regarding suspicious activity should take any necessary immediate and appropriate action and contact the shift supervisor or Watch commander for consultation. Any non-sworn member who receives such information should ensure that it is passed on to a deputy in a timely manner. When directed by a supervisor, the member should prepare an incident report and include information about involved parties and the circumstances of the incident. If, during any investigation, a deputy becomes aware of suspicious activity that is unrelated to the current investigation, the information should be documented separately in an incident report and not included in the original incident report. The report number of the original incident should be included in the incident report as a cross reference. 433.5 HANDLING INFORMATION The authoring member will forward copies of suspicious activity incident reports, in a timely manner, to the Vice Intelligence Unit supervisor or authorized designee. Policy 434 Fresno County Sheriff's Office Policy Manual Copyright Lexipol, LLC 2019/06/10, All Rights Reserved. Published with permission by Fresno County Sheriff's Office Medical Aid and Response - 281 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'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) and use of an automated external defibrillator (AED) in accordance with their training and current certification levels. This should be done for those in need of immediate care and only when the member can safely do so. Prior to initiating medical aid, the member should contact the Communications Center and request response by emergency medical services (EMS) as the member deems appropriate. Members should follow universal precautions when providing medical aid, such as wearing gloves and avoiding contact with bodily fluids, consistent with the Communicable Diseases Policy. Members should use a barrier or bag device to perform rescue breathing. When requesting EMS, the member should provide the Communications Center with information for relay to EMS personnel in order to enable an appropriate response, including: (a)The location where EMS is needed. (b)The nature of the incident. (c)Any known scene hazards. (d)Information on the person in need of EMS, such as: 1.Signs and symptoms as observed by the member. 2.Changes in apparent condition. 3.Number of patients, sex and age, if known. 4.Whether the person is conscious, breathing and alert, or is believed to have consumed drugs or alcohol. 5.Whether the person is showing signs or symptoms of excited delirium or other agitated chaotic behavior. Members should stabilize the scene whenever practicable while awaiting the arrival of EMS. Members should not direct EMS personnel whether to transport the person for treatment. Fresno County Sheriff's Office Policy Manual Medical Aid and Response Copyright Lexipol, LLC 2019/06/10, All Rights Reserved. Published with permission by Fresno County Sheriff's Office Medical Aid and Response - 282 434.4 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's Office Policy Manual Medical Aid and Response Copyright Lexipol, LLC 2019/06/10, All Rights Reserved. Published with permission by Fresno County Sheriff's Office Medical Aid and Response - 283 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 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. 434.9 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). Fresno County Sheriff's Office Policy Manual Medical Aid and Response Copyright Lexipol, LLC 2019/06/10, All Rights Reserved. Published with permission by Fresno County Sheriff's Office Medical Aid and Response - 284 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. 434.10 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. 434.11 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). 434.12 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's Office Policy Manual Medical Aid and Response Copyright Lexipol, LLC 2019/06/10, All Rights Reserved. Published with permission by Fresno County Sheriff's Office Medical Aid and Response - 285 434.13 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. 434.13.1 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. 434.13.2 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). 434.13.3 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's Office Policy Manual Copyright Lexipol, LLC 2019/06/10, All Rights Reserved. Published with permission by Fresno County Sheriff's Office Traffic Operations - 286 Chapter 5 - Traffic Operations Policy 501 Fresno County Sheriff's Office Policy Manual Copyright Lexipol, LLC 2019/06/10, All Rights Reserved. Published with permission by Fresno County Sheriff's Office Traffic Collision Reporting - 287 Traffic Collision Reporting 501.1 PURPOSE AND SCOPE The Fresno County Sheriff's Office prepares traffic collision reports in compliance with the California Highway Patrol Collision Investigation Manual (CIM) and as a public service makes traffic collision reports available to the community with some exceptions. 501.2 RESPONSIBILITY The Area Commander will be responsible for distribution of the Collision Investigation Manual. The Area Commander will receive all changes in the state manual and ensure conformity with this policy. 501.3 TRAFFIC COLLISION REPORTING All traffic collision reports taken by members of this office shall be entered into the Records Management System. The Area Commander will be responsible for monthly and quarterly reports on traffic collision statistics to be forwarded to the Patrol Bureau Commander, or other persons as required. 501.4 REPORTING SITUATIONS 501.4.1 TRAFFIC COLLISIONS INVOLVING COUNTY VEHICLES Traffic collision investigation reports shall be taken by the agency of jurisdiction when a county- owned vehicle is involved in a traffic collision upon a roadway or highway wherein any damage or injury results. A general information report may be taken in lieu of a traffic collision report (CHP 555 form) at the direction of a supervisor when the collision occurs on private property or does not involve another vehicle. Whenever there is damage to a County vehicle, a Vehicle Damage Report shall be completed and forwarded to the appropriate Bureau Commander. Photographs of the collision scene and vehicle damage shall be taken by the traffic investigator or any supervisor. 501.4.2 TRAFFIC COLLISIONS WITH SHERIFF'S OFFICE EMPLOYEES When an employee of this office, either on-duty or off-duty, is involved in a traffic collision within the jurisdiction of the Fresno County Sheriff's Office resulting in a serious injury or fatality, the Area Commander or the Watch Commander, shall notify the California Highway Patrol or agency of jurisdiction for assistance. The term serious injury is defined as any injury that may result in a fatality. 501.4.3 TRAFFIC COLLISIONS WITH OTHER COUNTY EMPLOYEES OR OFFICIALS The Area Commander or on-duty Watch Commander shall request assistance from the California Highway Patrol for the investigation of any traffic collision involving any County official or employee where a serious injury or fatality has occurred. Fresno County Sheriff's Office Policy Manual Traffic Collision Reporting Copyright Lexipol, LLC 2019/06/10, All Rights Reserved. Published with permission by Fresno County Sheriff's Office Traffic Collision Reporting - 288 501.4.4 TRAFFIC COLLISIONS ON PRIVATE PROPERTY - CIVILIANS In compliance with the Collision Investigation Manual, traffic collision reports shall not be taken for traffic collisions occurring on private property unless there is a death or injury to any person involved, a hit-and-run violation, or Vehicle Code violation. An Incident Report may be taken at the discretion of any supervisor. 501.4.5 TRAFFIC COLLISIONS ON ROADWAYS OR HIGHWAYS Traffic collision reports shall be taken when they occur on a roadway or highway within the jurisdiction of a contract agency under any of the following circumstances: (a)When there is a death or injury to any persons involved in the collision (b)When there is an identifiable violation of the Vehicle Code (c)When a report is requested by any involved driver Policy 502 Fresno County Sheriff's Office Policy Manual Copyright Lexipol, LLC 2019/06/10, All Rights Reserved. Published with permission by Fresno County Sheriff's Office Vehicle Towing and Release - 289 Vehicle Towing and Release 502.1 PURPOSE AND SCOPE This policy provides the procedures for towing a vehicle by or at the direction of the Fresno County Sheriff's Office. Nothing in this policy shall require the Office to tow a vehicle. 502.2 STORAGE AND IMPOUNDS When circumstances permit, for example when towing a vehicle for parking or registration violations, the member should, prior to having the vehicle towed, make a good faith effort to notify the owner of the vehicle that it is subject to removal. This may be accomplished by personal contact, telephone or by leaving a notice attached to the vehicle at least 24 hours prior to removal. If a vehicle presents a hazard, such as being abandoned on the roadway, it may be towed immediately. The responsibilities of those members towing, storing or impounding a vehicle are listed below. 502.2.1 VEHICLE STORAGE REPORT Office members requesting towing, storage or impound of a vehicle shall complete CHP Form 180 and accurately record the mileage and a description of property within the vehicle (Vehicle Code § 22850). A copy of the storage report should to be given to the tow truck operator and the original shall be submitted to the Records Unit as soon as practicable after the vehicle is stored. 502.2.2 REMOVAL FROM TRAFFIC COLLISION SCENES When a vehicle has been involved in a traffic collision and must be removed from the scene, the member shall have the driver select a towing company, if possible, and shall relay the request for the specified towing company to the dispatcher. When there is no preferred company requested, a company will be selected from the rotational list of towing companies in the Communications Center. If the owner is incapacitated, or for any reason it is necessary for the Office to assume responsibility for a vehicle involved in a collision, the member shall request the dispatcher to call a company from the rotational list of towing companies. The member will then store the vehicle using a CHP Form 180. 502.2.3 STORAGE AT ARREST SCENES Whenever a person in charge or in control of a vehicle is arrested, it is the policy of this office to provide reasonable safekeeping by storing the arrestee’s vehicle subject to the exceptions described below. The vehicle, however, shall be stored whenever it is needed for the furtherance of the investigation or prosecution of the case, or when the community caretaker doctrine would reasonably suggest that the vehicle should be stored (e.g., traffic hazard, high crime area). The following are examples of situations where consideration should be given to leaving a vehicle at the scene in lieu of storing, provided the vehicle can be lawfully parked and left in a reasonably secured and safe condition: Fresno County Sheriff's Office Policy Manual Vehicle Towing and Release Copyright Lexipol, LLC 2019/06/10, All Rights Reserved. Published with permission by Fresno County Sheriff's Office Vehicle Towing and Release - 290 •Traffic related warrant arrest. •Situations where the vehicle was not used to further the offense for which the driver was arrested. •Whenever the licensed owner of the vehicle is present, willing, and able to take control of any vehicle not involved in criminal activity. •Whenever the vehicle otherwise does not need to be stored and the owner requests that it be left at the scene. In such cases the owner shall be informed that the Office will not be responsible for theft or damages. 502.2.4 IMPOUNDMENT AT SOBRIETY CHECKPOINTS Whenever a driver is stopped at a sobriety checkpoint and the only violation is that the operator is driving without a valid driver’s license, the deputy shall make a reasonable attempt to identify the registered owner of the vehicle (Vehicle Code § 2814.2). The deputy shall release the vehicle to the registered owner if the person is a licensed driver, or to another licensed driver authorized by the registered owner, provided the vehicle is claimed prior to the conclusion of the checkpoint operation. If the vehicle is released at the checkpoint, the deputy shall list on his/her copy of the notice to appear the name and driver’s license number of the person to whom the vehicle is released. When a vehicle cannot be released at the checkpoint, it shall be towed (Vehicle Code § 22651(p)). When a vehicle is removed at the checkpoint, it shall be released during the normal business hours of the storage facility to the registered owner or his/her agent upon presentation of a valid driver’s license and current vehicle registration. 502.2.5 DRIVING A NON-COUNTY VEHICLE Vehicles which have been towed by or at the direction of the Office should not be driven by sheriff personnel unless it is necessary to move a vehicle a short distance to eliminate a hazard, prevent the obstruction of a fire hydrant or to comply with posted signs. 502.2.6 DISPATCHER’S RESPONSIBILITIES Upon receiving a request for towing, the dispatcher shall promptly telephone the specified authorized towing service. The member shall be advised when the request has been made and the towing service has been dispatched. When there is no preferred company requested, the dispatcher shall call the next firm in rotation from the list of approved towing companies and shall make appropriate entries on that form to ensure the following firm is called on the next request. 502.2.7 RECORDS UNIT RESPONSIBILITY Records personnel shall promptly enter pertinent data from the completed storage form (CHP Form 180) into the Stolen Vehicle System (Vehicle Code § 22651.5(b); Vehicle Code § 22851.3(b); Vehicle Code § 22854.5). Fresno County Sheriff's Office Policy Manual Vehicle Towing and Release Copyright Lexipol, LLC 2019/06/10, All Rights Reserved. Published with permission by Fresno County Sheriff's Office Vehicle Towing and Release - 291 Approved storage forms shall be promptly routed to the Records Unit so that they are immediately available for release or review should inquiries be made. Within 48 hours, excluding weekends and holidays, of the storage of any such vehicle it shall be the responsibility of the Records Unit to determine the names and addresses of any individuals having an interest in the vehicle through DMV or CLETS computers. Notice shall be sent to all such individuals by first-class mail (Vehicle Code § 22851.3(d); Vehicle Code § 22852(a); Vehicle Code § 14602.6(a)(2)). The notice shall include the following (Vehicle Code § 22852(b)): (a)The name, address, and telephone number of this Office. (b)The location of the place of storage and description of the vehicle, which shall include, if available, the name or make, the manufacturer, the license plate number, and the mileage. (c)The authority and purpose for the removal of the vehicle. (d)A statement that, in order to receive their post-storage hearing, the owners, or their agents, shall request the hearing in person, writing, or by telephone within 10 days of the date appearing on the notice. 502.3 TOWING SERVICES The County of Fresno periodically selects firms to act as official tow services and awards contracts to those firms. The firms will be used in the following situations: (a)When it is necessary to safeguard a vehicle due to the inability of the owner or operator to take the required action. (b)When a vehicle is being held as evidence in connection with an investigation. (c)When it is otherwise necessary to store a motor vehicle. This would include situations involving the recovery of stolen or abandoned vehicles, and the removal from the streets of vehicles obstructing traffic in violation of state or local regulations. 502.4 VEHICLE INVENTORY All property in a stored or impounded vehicle shall be inventoried and listed on the vehicle storage form. This includes the trunk and any compartments or containers, even if closed and/or locked. Members conducting inventory searches should be as thorough and accurate as practical in preparing an itemized inventory. These inventory procedures are for the purpose of protecting an owner's property while in sheriff custody, to provide for the safety of deputies, and to protect the Office against fraudulent claims of lost, stolen, or damaged property. 502.5 SECURITY OF VEHICLES AND PROPERTY Unless it would cause an unreasonable delay in the completion of a vehicle impound/storage or create an issue of officer safety, deputies should make reasonable accommodations to permit Fresno County Sheriff's Office Policy Manual Vehicle Towing and Release Copyright Lexipol, LLC 2019/06/10, All Rights Reserved. Published with permission by Fresno County Sheriff's Office Vehicle Towing and Release - 292 a driver/owner to retrieve small items of value or personal need (e.g., cash, jewelry, cell phone, prescriptions) which are not considered evidence or contraband. If a search of a vehicle leaves the vehicle or any property contained therein vulnerable to unauthorized entry, theft or damage, personnel conducting the search shall take such steps as are reasonably necessary to secure and/or preserve the vehicle or property from such hazards. 502.6 RELEASE OF VEHICLE The Office will maintain a listed, 24-hour telephone number to provide information regarding impoundment of vehicles and the right of the registered owner to request a storage hearing. Releases for towed vehicles will be made available during regular, non-emergency business hours (Vehicle Code § 14602.6). (a)Vehicles removed pursuant to Vehicle Code § 22850 shall be released after proof of current registration is provided by the owner or the person in control of the vehicle and after all applicable fees are paid (Vehicle Code § 22850.3; Vehicle Code § 22850.5). (b)Vehicles removed that require payment of parking fines or proof of valid driver’s license shall only be released upon presentation of proof of compliance, proof of payment, completion of affidavit and payment of applicable fees related to the removal (Vehicle Code § 22651 et seq., Vehicle Code § 22652 et seq., Vehicle Code § 22850.3; Vehicle Code § 22850.5). (c)A vehicle removed pursuant to Vehicle Code § 14602.6(a) shall be released to the registered owner or his/her agent with proof of current registration, proof of a valid driver’s license and applicable fees paid prior to the end of the 30-day impoundment period under any of the following circumstances: 1.The vehicle was stolen. 2.If the driver reinstates his/her driver's license or acquires a license and provides proof of proper insurance. 3.Any other circumstance as set forth in Vehicle Code § 14602.6. 4.When there is no remaining community caretaking need to continue impound of the vehicle or the continued impound would not otherwise comply with the Fourth Amendment. Personnel whose duties include releasing towed vehicles should consult the Vehicle Code under which the vehicle was towed or impounded for any specific requirements prior to release. Employees who suspect that a vehicle was impounded in error should promptly advise a supervisor. Supervisors should approve, when appropriate, the release of the vehicle without requiring the registered owner or his/her agent to request a hearing, as described in the Vehicle Impound Hearings Policy. Policy 503 Fresno County Sheriff's Office Policy Manual Copyright Lexipol, LLC 2019/06/10, All Rights Reserved. Published with permission by Fresno County Sheriff's Office Vehicle Impound Hearings - 293 Vehicle Impound Hearings 503.1 PURPOSE AND SCOPE This policy establishes a procedure for the requirement to provide vehicle storage or impound hearings pursuant to Vehicle Code § 22852. 503.2 STORED OR IMPOUND HEARING When a vehicle is stored or impounded by any member of the Fresno County Sheriff's Office, a hearing will be conducted upon the request of the registered or legal owner of the vehicle or his/ her agent (Vehicle Code § 22650(a); Vehicle Code § 22852(a)). The hearing shall be conducted within 48 hours of the request, excluding weekends and holidays. The hearing officer must be a person other than the person who directed the storage or impound of the vehicle (Vehicle Code § 22852(c)). 503.2.1 HEARING PROCEDURES The vehicle storage hearing is an informal process to evaluate the validity of an order to store or impound a vehicle. The employee who caused the storage or removal of the vehicle does not need to be present for this hearing. All requests for a hearing on a stored or impounded vehicle shall be submitted in person, in writing or by telephone within 10 days of the date appearing on the notice (Vehicle Code § 22852(b)). The Area Commander will generally serve as the hearing officer. The person requesting the hearing may record the hearing at his/her own expense. The failure of either the registered or legal owner or interested person or his/her agent to request a hearing in a timely manner or to attend a scheduled hearing shall be considered a waiver of and satisfaction of the post-storage hearing requirement (Vehicle Code § 22851.3(e)(2); Vehicle Code § 22852(d)). Any relevant evidence may be submitted and reviewed by the hearing officer to determine if reasonable grounds have been established for the storage or impound of the vehicle. The initial burden of proof established by a preponderance of the evidence that the storage/impound was based on probable cause rests with the Office. After consideration of all information, the hearing officer shall determine the validity of the storage or impound of the vehicle in question and then render a decision. The hearing officer shall also consider any mitigating circumstances attendant to the storage that reasonably would warrant the release of the vehicle or a modification or reduction of the period the vehicle is impounded (Vehicle Code §14602.6(b); Vehicle Code § 14602.8(b)). Aside from those mitigating circumstances enumerated in the Vehicle Code, the registered owner's lack of actual knowledge that the driver to whom the vehicle was loaned was not validly licensed may constitute a mitigating circumstance under Vehicle Code § 14602.6(b) or 14602.8(b), warranting release of the vehicle. This mitigating circumstance exception is not limited to situations Fresno County Sheriff's Office Policy Manual Vehicle Impound Hearings Copyright Lexipol, LLC 2019/06/10, All Rights Reserved. Published with permission by Fresno County Sheriff's Office Vehicle Impound Hearings - 294 where the owner made a reasonable inquiry as to the licensed status of the driver before lending the vehicle. The legislative intent and this office’s policy is to prevent unlicensed driving pursuant to Vehicle Code §14602.6. If this purpose is not furthered by the continued impoundment of a vehicle, release is most often appropriate. (a)If a decision is made that reasonable grounds for storage or impound have been established, the hearing officer shall advise the inquiring party of the decision and that the inquiring party may pursue further civil remedies if desired. 1.If mitigating circumstances are found to be relevant, the hearing officer shall make reasonable adjustments to the impound and/or storage period. (b)If a decision is made that reasonable grounds for storage or impound have not been established or sufficient mitigating circumstances exist, the vehicle in storage shall be released immediately. Towing and storage fees will be paid at the office’s expense (Vehicle Code § 22852(e)). (c)If a decision is made that reasonable grounds for storage have not been established or sufficient mitigating circumstances exist, and the vehicle has been released with fees having been paid, the receipt for such fees will be forwarded with a letter to the appropriate Bureau Commander. The hearing officer will recommend to the appropriate Bureau Commander that the fees paid by the registered or legal owner of the vehicle in question or their agent be reimbursed by the Office. Policy 504 Fresno County Sheriff's Office Policy Manual Copyright Lexipol, LLC 2019/06/10, All Rights Reserved. Published with permission by Fresno County Sheriff's Office Traffic Citations - 295 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. Policy 505 Fresno County Sheriff's Office Policy Manual Copyright Lexipol, LLC 2019/06/10, All Rights Reserved. Published with permission by Fresno County Sheriff's Office Disabled Vehicles - 296 Disabled Vehicles 505.1 PURPOSE AND SCOPE The purpose of this policy is to develop and adopt a written policy to provide assistance to motorists in disabled vehicles within their primary jurisdiction. 505.2 DEPUTY RESPONSIBILITY When an on-duty deputy observes a disabled vehicle on the roadway, the deputy should make a reasonable effort to provide assistance. If that deputy is assigned to a call of higher priority, the dispatcher should notify the California Highway Patrol or agency of jurisdiction of the location of the disabled vehicle and the need for assistance. 505.3 EXTENT OF ASSISTANCE In most cases, a disabled motorist will require assistance. After arrangements for assistance are made, continued involvement by office personnel will be contingent on the time of day, the location, the availability of office resources, and the vulnerability of the disabled motorist. 505.3.1 MECHANICAL REPAIRS Office personnel should not make mechanical repairs to a disabled vehicle. The use of push bumpers to relocate vehicles to a position of safety is not considered a mechanical repair. 505.3.2 RELOCATION OF DISABLED VEHICLES The relocation of disabled vehicles by members of this office by pushing or pulling a vehicle should only occur when the conditions reasonably indicate that immediate movement is necessary to reduce a hazard presented by the disabled vehicle. 505.3.3 RELOCATION OF DISABLED MOTORIST The relocation of a disabled motorist should only occur with the person’s consent and should be suggested when conditions reasonably indicate that immediate movement is necessary to mitigate a potential hazard. The office member may stay with the disabled motorist or transport him/her to a safe area to await pickup. Policy 506 Fresno County Sheriff's Office Policy Manual Copyright Lexipol, LLC 2019/06/10, All Rights Reserved. Published with permission by Fresno County Sheriff's Office 72-Hour Parking Violations - 297 72-Hour Parking Violations 506.1 PURPOSE AND SCOPE This policy provides procedures for the marking, recording, and storage of vehicles parked in violation of the Fresno County Ordinance regulating 72-hour parking violations and abandoned vehicles under the authority of Vehicle Code § 22669. 506.2 MARKING VEHICLES Vehicles suspected of being in violation of the County of Fresno 72-Hour Parking Ordinance shall be marked and noted on the Fresno County Sheriff's Office Marked Vehicle Card. A case number is only required at the time the vehicle is stored. A vehicle tag should be placed on the vehicle in a conspicuous location. The investigating employee should make a good faith effort to notify the owner of any vehicle subject to towing prior to having the vehicle removed. If a marked vehicle has been moved during a 72-hour investigation period, the vehicle shall not be towed from the scene. If the vehicle was moved and still in violation of the ordinance, a new vehicle tag will need to be issued. Parking citations for the 72-hour parking ordinance shall not be issued when the vehicle is stored for the 72-hour parking violation. 506.2.1 VEHICLE STORAGE Any vehicle in violation, which a member decides to store, shall be stored by the authorized towing service and a vehicle storage report shall be completed by the member authorizing the storage of the vehicle. The storage report form (CHP 180) shall be routed to the Records Unit. Immediately following the storage of the vehicle, the member shall contact the Records Unit by phone and provide the necessary information. It shall be the responsibility of the Records Unit to immediately notify the Stolen Vehicle System (SVS) of the Department of Justice in Sacramento ( Vehicle Code § 22851.3(b)). Notification may also be made to the National Law Enforcement Telecommunications System (NLETS)(Vehicle Code § 22854.5). Within 48 hours of the storage of any such vehicle, excluding weekends and holidays, it shall be the responsibility of the Records Unit to determine the names and addresses of any individuals having an interest in the vehicle through DMV or CLETS computers. Notice to all such individuals shall be sent first-class or certified mail pursuant to Vehicle Code § 22851.3(d). Fresno County Sheriff's Office Policy Manual Copyright Lexipol, LLC 2019/06/10, All Rights Reserved. Published with permission by Fresno County Sheriff's Office Investigation Operations - 298 Chapter 6 - Investigation Operations Policy 600 Fresno County Sheriff's Office Policy Manual Copyright Lexipol, LLC 2019/06/10, All Rights Reserved. Published with permission by Fresno County Sheriff's Office Investigation and Prosecution - 299 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'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's Office Policy Manual Investigation and Prosecution Copyright Lexipol, LLC 2019/06/10, All Rights Reserved. Published with permission by Fresno County Sheriff's Office Investigation and Prosecution - 300 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's Office Policy Manual Investigation and Prosecution Copyright Lexipol, LLC 2019/06/10, All Rights Reserved. Published with permission by Fresno County Sheriff's Office Investigation and Prosecution - 301 (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's Office Policy Manual Investigation and Prosecution Copyright Lexipol, LLC 2019/06/10, All Rights Reserved. Published with permission by Fresno County Sheriff's Office Investigation and Prosecution - 302 600.6 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's Office Policy Manual Investigation and Prosecution Copyright Lexipol, LLC 2019/06/10, All Rights Reserved. Published with permission by Fresno County Sheriff's Office Investigation and Prosecution - 303 600.7.2 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 602 Fresno County Sheriff's Office Policy Manual Copyright Lexipol, LLC 2019/06/10, All Rights Reserved. Published with permission by Fresno County Sheriff's Office Asset Forfeiture - 304 Asset Forfeiture 602.1 PURPOSE AND SCOPE This policy describes the authority and procedure for the seizure, forfeiture and liquidation of property associated with designated offenses. 602.1.1 DEFINITIONS Definitions related to this policy include: Fiscal agent - The person designated by the Sheriff to be responsible for securing and maintaining seized assets and distributing any proceeds realized from any forfeiture proceedings. This includes any time the Fresno County Sheriff's Office seizes property for forfeiture or when the Fresno County Sheriff's Office is acting as the fiscal agent pursuant to a multi-agency agreement. Forfeiture - The process by which legal ownership of an asset is transferred to a government or other authority. Forfeiture reviewer - The office member assigned by the Sheriff who is responsible for reviewing all forfeiture cases and for acting as the liaison between the Office and the assigned attorney. Property subject to forfeiture - The following may be subject to forfeiture: (a)Property related to a narcotics offense, which includes (Heath and Safety Code § 11470; Health and Safety Code § 11470.1): 1.Property (not including real property or vehicles) used, or intended for use, as a container for controlled substances, materials to manufacture controlled substances, etc. 2.Interest in a vehicle (car, boat, airplane, other vehicle) used to facilitate the manufacture, possession for sale or sale of specified quantities of controlled substances. 3.Money, negotiable instruments, securities or other things of value furnished or intended to be furnished by any person in exchange for a controlled substance, proceeds traceable to an exchange, etc. 4.Real property when the owner is convicted of violating Health and Safety Code § 11366, Health and Safety Code § 11366.5 or Health and Safety Code § 11366.6 (drug houses) when the property was not used as a family residence or for other lawful purposes, or property owned by two or more persons, one of whom had no knowledge of its unlawful use. 5.The expenses of seizing, eradicating, destroying or taking remedial action with respect to any controlled substance or its precursors upon conviction for the unlawful manufacture or cultivation of any controlled substance or its precursors. Fresno County Sheriff's Office Policy Manual Asset Forfeiture Copyright Lexipol, LLC 2019/06/10, All Rights Reserved. Published with permission by Fresno County Sheriff's Office Asset Forfeiture - 305 (b)Property related to criminal profiteering (may include gang crimes), to include (Penal Code § 186.2; Penal Code § 186.3): 1.Any property interest, whether tangible or intangible, acquired through a pattern of criminal profiteering activity. 2.All proceeds acquired through a pattern of criminal profiteering activity, including all things of value that may have been received in exchange for the proceeds immediately derived from the pattern of criminal profiteering activity. Seizure - The act of law enforcement officials taking property, cash or assets that have been used in connection with or acquired by specified illegal activities. 602.2 POLICY The Fresno County Sheriff's Office recognizes that appropriately applied forfeiture laws are helpful to enforce the law, deter crime and reduce the economic incentive of crime. However, the potential for revenue should never compromise the effective investigation of criminal offenses, officer safety or any person’s due process rights. It is the policy of the Fresno County Sheriff's Office that all members, including those assigned to internal or external law enforcement task force operations, shall comply with all state and federal laws pertaining to forfeiture. 602.3 ASSET SEIZURE Property may be seized for forfeiture as provided in this policy. 602.3.1 PROPERTY SUBJECT TO SEIZURE The following may be seized upon review and approval of a supervisor and in coordination with the forfeiture reviewer: (a)Property subject to forfeiture authorized for seizure under the authority of a search warrant or court order. (b)Property subject to forfeiture not authorized for seizure under the authority of a search warrant or court order when any of the following apply (Health and Safety Code § 11471; Health and Safety Code § 11488): 1.The property subject to forfeiture is legally seized incident to an arrest. 2.There is probable cause to believe that the property was used or is intended to be used in a violation of the Uniform Controlled Substances Act and the seizing deputy can articulate a nexus between the property and the controlled substance offense that would lead to the item being property subject for forfeiture. Deputies aware of assets that may be forfeitable as a result of criminal profiteering or human trafficking should consider contacting the district attorney regarding a court order to protect the assets (Penal Code § 186.6; Penal Code § 236.6). Fresno County Sheriff's Office Policy Manual Asset Forfeiture Copyright Lexipol, LLC 2019/06/10, All Rights Reserved. Published with permission by Fresno County Sheriff's Office Asset Forfeiture - 306 Whenever practicable, a search warrant or court order for seizure prior to making a seizure is the preferred method. 602.3.2 PROPERTY NOT SUBJECT TO SEIZURE The following property should not be seized for forfeiture: (a)Cash and property that does not meet the forfeiture counsel’s current minimum forfeiture thresholds should not be seized. (b)Real property is not subject to seizure, absent exigent circumstances, without a court order (Health and Safety Code § 11471). (c)A vehicle which may be lawfully driven on the highway if there is a community property interest in the vehicle by a person other than the suspect and the vehicle is the sole vehicle available to the suspect’s immediate family (Health and Safety Code § 11470). (d)Vehicles, boats or airplanes owned by an “innocent owner,” such as a common carrier with no knowledge of the suspected offense (Health and Safety Code § 11490). (e)Any property when the associated activity involves the possession of marijuana or related paraphernalia that is permissible under the Control, Regulate and Tax Adult Use of Marijuana Act (Health and Safety Code § 11362.1). 602.4 PROCESSING SEIZED PROPERTY FOR FORFEITURE PROCEEDINGS When property or cash subject to this policy is seized, the deputy making the seizure should ensure compliance with the following: (a)Complete applicable seizure forms and present the appropriate copy to the person from whom the property is seized. If cash or property is seized from more than one person, a separate copy must be provided to each person, specifying the items seized. When property is seized and no one claims an interest in the property, the deputy must leave the copy in the place where the property was found, if it is reasonable to do so. (b)Complete and submit a report and original seizure forms within 24 hours of the seizure, if practicable. (c)Forward the original seizure forms and related reports to the forfeiture reviewer within two days of seizure. The deputy will secure seized property with the notation in the comment section of the property/ seizure form, “Seized Subject to Forfeiture.” Property seized subject to forfeiture should be secured on a separate property/seizure form. No other evidence from the case should be booked on this form. Photographs should be taken of items seized, particularly cash, jewelry and other valuable items. Deputies who suspect property may be subject to seizure but are not able to seize the property (e.g., the property is located elsewhere, the whereabouts of the property is unknown, it is real Fresno County Sheriff's Office Policy Manual Asset Forfeiture Copyright Lexipol, LLC 2019/06/10, All Rights Reserved. Published with permission by Fresno County Sheriff's Office Asset Forfeiture - 307 estate, bank accounts, non-tangible assets) should document and forward the information in the appropriate report to the forfeiture reviewer. 602.5 MAINTAINING SEIZED PROPERTY The Property and Evidence Unit Supervisor is responsible for ensuring compliance with the following: (a)All property received for forfeiture is reasonably secured and properly stored to prevent waste and preserve its condition. (b)All property received for forfeiture is checked to determine if the property has been stolen. (c)All property received for forfeiture is retained in the same manner as evidence until forfeiture is finalized or the property is returned to the claimant or the person with an ownership interest. (d)Property received for forfeiture is not used unless the forfeiture action has been completed. (e)All monies seized for forfeiture action will be counted along with an attached "tally sheet". Those monies will then be taken to the business office where they will be placed in a "litigation account" until forfeiture proceedings are completed within the department. 602.6 FORFEITURE REVIEWER The Sheriff will appoint a member as the forfeiture reviewer. Prior to assuming duties, or as soon as practicable thereafter, the forfeiture reviewer should attend a office-approved course on asset forfeiture. The responsibilities of the forfeiture reviewer include: (a)Remaining familiar with forfeiture laws, particularly Health and Safety Code § 11469 et seq. and Penal Code § 186.2 et seq. and the forfeiture policies of the forfeiture counsel. (b)Serving as the liaison between the Office and the forfeiture counsel and ensuring prompt legal review of all seizures. (c)Making reasonable efforts to obtain annual training that includes best practices in pursuing, seizing and tracking forfeitures. (d)Ensuring that property seized under state law is not referred or otherwise transferred to a federal agency seeking the property for federal forfeiture as prohibited by Health and Safety Code § 11471.2. (e)Ensuring that responsibilities, including the designation of a fiscal agent, are clearly established whenever multiple agencies are cooperating in a forfeiture case. (f)Ensuring that seizure forms are available and appropriate for office use. These should include notice forms, a receipt form and a checklist that provides relevant guidance to Fresno County Sheriff's Office Policy Manual Asset Forfeiture Copyright Lexipol, LLC 2019/06/10, All Rights Reserved. Published with permission by Fresno County Sheriff's Office Asset Forfeiture - 308 deputies. The forms should be available in languages appropriate for the region and should contain spaces for: 1.Names and contact information for all relevant persons and law enforcement officers involved. 2.Information as to how ownership or other property interests may have been determined (e.g., verbal claims of ownership, titles, public records). 3.A space for the signature of the person from whom cash or property is being seized. 4.A tear-off portion or copy, which should be given to the person from whom cash or property is being seized, that includes the legal authority for the seizure, information regarding the process to contest the seizure and a detailed description of the items seized. (g)Ensuring that members who may be involved in asset forfeiture receive training in the proper use of the seizure forms and the forfeiture process. The training should be developed in consultation with the appropriate legal counsel and may be accomplished through traditional classroom education, electronic media, Daily Training Bulletins (DTBs) or Office Standing Orders. The training should cover this policy and address any relevant statutory changes and court decisions. (h)Reviewing each asset forfeiture case to ensure that: 1.Written documentation of the seizure and the items seized is in the case file. 2.Independent legal review of the circumstances and propriety of the seizure is made in a timely manner. 3.Notice of seizure has been given in a timely manner to those who hold an interest in the seized property (Health and Safety Code § 11488.4). 4.Property is promptly released to those entitled to its return (Health and Safety Code § 11488.2). 5.All changes to forfeiture status are forwarded to any supervisor who initiates a forfeiture case. 6.Any cash received is deposited with the fiscal agent. 7.Assistance with the resolution of ownership claims and the release of property to those entitled is provided. 8.Current minimum forfeiture thresholds are communicated appropriately to deputies. 9.This policy and any related policies are periodically reviewed and updated to reflect current federal and state statutes and case law. (i)Ensuring that a written plan that enables the Sheriff to address any extended absence of the forfeiture reviewer, thereby ensuring that contact information for other law enforcement officers and attorneys who may assist in these matters is available. Fresno County Sheriff's Office Policy Manual Asset Forfeiture Copyright Lexipol, LLC 2019/06/10, All Rights Reserved. Published with permission by Fresno County Sheriff's Office Asset Forfeiture - 309 (j)Ensuring that the process of selling or adding forfeited property to the office’s regular inventory is in accordance with all applicable laws and consistent with the office’s use and disposition of similar property. (k)Keeping a manual that details the statutory grounds for forfeitures and office procedures related to asset forfeiture, including procedures for prompt notice to interest holders, the expeditious release of seized property, where appropriate, and the prompt resolution of claims of innocent ownership (Heath and Safety Code § 11469). (l)Providing copies of seized business records to the person or business from whom such records were seized, when requested (Heath and Safety Code §11471). (m)Notifying the California Franchise Tax Board when there is reasonable cause to believe that the value of seized property exceeds $5,000.00 (Health and Safety Code § 11471.5). The property may be handled by the US Marshal Service when applicable. Forfeiture proceeds should be maintained in a separate fund or account subject to appropriate accounting control, with regular reviews or audits of all deposits and expenditures. Forfeiture reporting and expenditures should be completed in the manner prescribed by the law and County financial directives (Health and Safety Code § 11495). 602.7 DISPOSITION OF FORFEITED PROPERTY Forfeited funds distributed under Health and Safety Code § 11489 et seq. shall only be used for purposes allowed by law, but in no case shall a peace officer’s employment or salary depend upon the level of seizures or forfeitures he/she achieves (Heath and Safety Code § 11469). The Office may request a court order so that certain uncontaminated science equipment is relinquished to a school or school district for science classroom education in lieu of destruction (Health and Safety Code § 11473; Health and Safety Code § 11473.5). 602.7.1 RECEIVING EQUITABLE SHARES When participating in a joint investigation with a federal agency, the Fresno County Sheriff's Office shall not receive an equitable share from the federal agency of all or a portion of the forfeiture proceeds absent either a required conviction under Health and Safety Code § 11471.2 or the flight, death or willful failure to appear of the defendant. This does not apply to forfeited cash or negotiable instruments of $40,000 or more. 602.8 CLAIM INVESTIGATIONS An investigation shall be made as to any claimant of a vehicle, boat or airplane whose right, title, interest or lien is on the record in the Department of Motor Vehicles or in an appropriate federal agency. If investigation reveals that any person, other than the registered owner, is the legal owner, and that ownership did not arise subsequent to the date and time of arrest or notification of the forfeiture proceedings or seizure of the vehicle, boat or airplane, notice shall be made to the legal owner at his/her address appearing on the records of the Department of Motor Vehicles or the appropriate federal agency (Health and Safety Code § 11488.4). Policy 603 Fresno County Sheriff's Office Policy Manual Copyright Lexipol, LLC 2019/06/10, All Rights Reserved. Published with permission by Fresno County Sheriff's Office Informants - 310 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's Office for law enforcement purposes. This also includes a person agreeing to supply information to the Fresno County Sheriff'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'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's Office Policy Manual Informants Copyright Lexipol, LLC 2019/06/10, All Rights Reserved. Published with permission by Fresno County Sheriff's Office Informants - 311 603.3.3 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'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's Office Policy Manual Informants Copyright Lexipol, LLC 2019/06/10, All Rights Reserved. Published with permission by Fresno County Sheriff's Office Informants - 312 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's Office Policy Manual Informants Copyright Lexipol, LLC 2019/06/10, All Rights Reserved. Published with permission by Fresno County Sheriff's Office Informants - 313 (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's Office Policy Manual Informants Copyright Lexipol, LLC 2019/06/10, All Rights Reserved. Published with permission by Fresno County Sheriff's Office Informants - 314 (a)Date (b)Payment amount (c)Fresno County Sheriff'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's Office Policy Manual Copyright Lexipol, LLC 2019/06/10, All Rights Reserved. Published with permission by Fresno County Sheriff's Office Equipment - 315 Chapter 7 - Equipment Policy 700 Fresno County Sheriff's Office Policy Manual Copyright Lexipol, LLC 2019/06/10, All Rights Reserved. Published with permission by Fresno County Sheriff's Office Office Owned and Personal Property - 316 Office Owned and Personal Property 700.1 PURPOSE AND SCOPE Office employees are expected to properly care for office property assigned or entrusted to them. Employees may also suffer occasional loss or damage to personal or office property while performing their assigned duty. Certain procedures are required depending on the loss and ownership of the item. 700.2 CARE OF OFFICE PROPERTY Employees shall be responsible for the safekeeping, serviceable condition, proper care, use and replacement of office property assigned or entrusted to them. An employee’s intentional or negligent abuse or misuse of office property may lead to discipline including, but not limited to the cost of repair or replacement. (a)Employees shall promptly report through their chain of command, any loss, damage to, or unserviceable condition of any office issued property or equipment assigned for their use. (b)The use of damaged or unserviceable office property should be discontinued as soon as practical and replaced with comparable Office property as soon as available and following notice to a supervisor. (c)Except when otherwise directed by competent authority or required by exigent circumstances, office property shall only be used by those to whom it was assigned. Use should be limited to official purposes and in the capacity for which it was designed. (d)Office property shall not be thrown away, sold, traded, donated, destroyed, or otherwise disposed of without proper authority. (e)In the event that any Office property becomes damaged or unserviceable, no employee shall attempt to repair the property without prior approval of a supervisor. 700.3 FILING CLAIMS FOR PERSONAL PROPERTY Claims for reimbursement for damage or loss of personal property must be made on the proper form. This form is submitted to the employee's immediate supervisor. The supervisor may require a separate written report of the loss or damage. The supervisor shall direct a Supervisor Incident Report (SIR) to the appropriate Bureau Commander, which shall include the results of his/her investigation and whether the employee followed proper procedures. The supervisor’s report shall address whether reasonable care was taken to prevent the loss or damage. Upon review by staff and a finding that no misconduct or negligence was involved, repair or replacement may be recommended by the Sheriff who will then forward the claim to Risk Management. Fresno County Sheriff's Office Policy Manual Office Owned and Personal Property Copyright Lexipol, LLC 2019/06/10, All Rights Reserved. Published with permission by Fresno County Sheriff's Office Office Owned and Personal Property - 317 The Office will not replace or repair luxurious or overly expensive items (jewelry, exotic equipment, etc.) that are not reasonably required as a part of work. 700.3.1 REPORTING REQUIREMENT A verbal report shall be made to the employee's immediate supervisor as soon as circumstances permit. A written report shall be submitted before the employee goes off duty or within the time frame directed by the supervisor to whom the verbal report is made. 700.4 LOSS OR DAMAGE OF PROPERTY OF ANOTHER Deputies and other employees intentionally or unintentionally may cause damage to the real or personal property of another while performing their duties. Any employee who damages or causes to be damaged any real or personal property of another while performing any law enforcement functions, regardless of jurisdiction, shall report it as provided below. (a)A verbal report shall be made to the employee's immediate supervisor as soon as circumstances permit. (b)A written report shall be submitted before the employee goes off duty or within the time frame directed by the supervisor to whom the verbal report is made. 700.4.1 DAMAGE BY PERSON OF ANOTHER AGENCY If employees of another jurisdiction cause damage to real or personal property belonging to the County, it shall be the responsibility of the employee present or the employee responsible for the property to make a verbal report to his/her immediate supervisor as soon as circumstances permit. The employee shall submit a written report before going off duty or as otherwise directed by the supervisor. These written reports, accompanied by the SIR, shall promptly be forwarded to the appropriate Bureau Commander. Policy 702 Fresno County Sheriff's Office Policy Manual Copyright Lexipol, LLC 2019/06/10, All Rights Reserved. Published with permission by Fresno County Sheriff's Office Vehicle Maintenance - 318 Vehicle Maintenance 702.1 PURPOSE AND SCOPE Employees are responsible for assisting in maintaining Office vehicles so that they are properly equipped, properly maintained, properly refueled and present a clean appearance. 702.2 DEFECTIVE VEHICLES When an office vehicle becomes inoperative or in need of repair that affects the safety of the vehicle, that vehicle shall be driven or transported to Sheriff's Fleet. Proper documentation shall be promptly completed by the employee who first becomes aware of the defective condition, describing the correction needed. The paperwork shall be promptly forwarded to Fleet Maintenance for repair. 702.2.1 DAMAGE OR POOR PERFORMANCE Vehicles that may have been damaged, or perform poorly shall be removed from service for inspections and repairs as soon as practicable. 702.2.2 SEVERE USE Vehicles operated under severe-use conditions, which include operations for which the vehicle is not designed or that exceed the manufacturer’s parameters, should be driven or transported to Sheriff's Fleet. Such conditions may include rough roadway or off-road driving, hard or extended braking, pursuits or prolonged high-speed operation. 702.2.3 REMOVAL OF WEAPONS All firearms, weapons and control devices shall be removed from a vehicle and properly secured prior to the vehicle being released for maintenance, service or repair. 702.3 VEHICLE EQUIPMENT Certain items shall be maintained in all office vehicles for emergency purposes and to perform routine duties. 702.3.1 PATROL VEHICLES Deputies shall inspect the patrol vehicle at the beginning of the shift and ensure that the following equipment, at a minimum, is present in the vehicle: •Emergency road flares •1 Roll Crime Scene Barricade Tape •1 First aid kit, CPR mask •1 Blanket •1 Blood-borne pathogen kit, Incl. protective gloves •1 Hazardous Materials Emergency Response Handbook Fresno County Sheriff's Office Policy Manual Vehicle Maintenance Copyright Lexipol, LLC 2019/06/10, All Rights Reserved. Published with permission by Fresno County Sheriff's Office Vehicle Maintenance - 319 702.3.2 UNMARKED VEHICLES An employee driving unmarked office vehicles shall ensure that the minimum following equipment is present in the vehicle: •Emergency road flares •1 Roll Crime Scene Barricade Tape •1 First aid kit, CPR mask •1 Blanket •1 Blood-borne pathogen kit, Incl. protective gloves •1 Hazardous Materials Emergency Response Handbook 702.4 VEHICLE REFUELING Absent emergency conditions or supervisor approval, deputies driving patrol vehicles shall not place a vehicle in service that has less than one-quarter tank of fuel. Vehicles should only be refueled at the authorized location. 702.5 WASHING OF VEHICLES All units shall be kept clean, weather conditions permitting, and should be washed as necessary to enhance their appearance. Employees using a vehicle shall remove any trash or debris at the end of their shift. Confidential material should be placed in a designated receptacle provided for the shredding of this matter. 702.6 NON-SWORN EMPLOYEE USE Non-sworn employees using marked vehicles shall ensure all weapons are removed from vehicles before going into service. Non-sworn employees should also prominently display the “out of service” placards or lightbar covers at all times. Non-sworn employees shall not operate the emergency lights or siren of any vehicle unless expressly authorized by a supervisor. Policy 704 Fresno County Sheriff's Office Policy Manual Copyright Lexipol, LLC 2019/06/10, All Rights Reserved. Published with permission by Fresno County Sheriff's Office Cash Handling, Security and Management - 320 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'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's Office Policy Manual Cash Handling, Security and Management Copyright Lexipol, LLC 2019/06/10, All Rights Reserved. Published with permission by Fresno County Sheriff's Office Cash Handling, Security and Management - 321 704.6 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. Policy 706 Fresno County Sheriff's Office Policy Manual Copyright Lexipol, LLC 2019/06/10, All Rights Reserved. Published with permission by Fresno County Sheriff's Office Rifle Optics - 322 Rifle Optics 706.1 PURPOSE AND SCOPE The Fresno County Sheriff-Coroner's Office recognizes and understands the need to allow its members to purchase and utilize red dot type optics (hereinafter referred to as rifle optics) on department issued rifles as a means of increasing accuracy and efficiency during rifle deployments. 706.2 APPROVAL FOR RIFLE OPTICS In an effort to reduce the need to re-evaluate the numerous rifle optics introduced to the market annually, a set of specifications has been established. If the rifle optic meets these specifications and is approved and installed by a range master, the rifle may be deployed with that optic. 706.2.1 APPROVED MANUFACTURERS The rifle optic should be from a major manufacturer. The Fresno County Sheriff-Coroner's Office recognizes that there are numerous manufacturers of rifle optics, but not all rifle optics are comparable in quality. Only high quality, dependable rifle optics should be utilized by our deputies. Poorly constructed rifle optics will not be permitted. 706.2.2 SPECIFICATIONS FOR RIFLE OPTICS The following specifications for rifle optics are as follows: (a)Must not have magnification (b)Exterior housing must be black in color (c)Maximum of 4 MOA for a red dot (d)Must have user operated brightness control (e)May have other approved reticles such as a chevron or halo with bullet drop compensation (f)Must be waterproof, shockproof and extreme weather capable (g)Must be installed on upper receiver (h)Must not extend beyond upper receiver (i)Must not interfere with rear sight (j)Any battery replacement, repair or replacement are the employee's responsibility 706.2.3 SPECIFICATIONS FOR OPTIC MOUNT The following specifications for an optic mount are as follows: (a)Must be the rifle optic manufacturer's mount or a high quality aftermarket mount (b)The mount must position the rifle optic at absolute co-witness (c)The mount may be constructed from aluminum but the mount must have a steel bolt and/or steel quick detach (QD) clamp to secure the rifle optic to the weapon Fresno County Sheriff's Office Policy Manual Rifle Optics Copyright Lexipol, LLC 2019/06/10, All Rights Reserved. Published with permission by Fresno County Sheriff's Office Rifle Optics - 323 706.3 INSTALLATION Prior to the installation of an optic on any rifle, range staff will confirm that the rifle mount in the vehicle has been retrofitted and is compatible with the optic mounted rifle. The optic will be inspected by Training Unit staff prior to installation on the rifle. The installation of the optic on the rifle will also be done by Range staff. If there are any discrepancies regarding the approval of an optic, the Training Unit chain of command will be contacted to try and settle the discrepancy. If there is no resolution, the final decision will be made by the Operations Support Captain. 706.4 QUALIFYING Deputies who have rifle optics mounted on their weapons will shoot the standard qualification course during each quarter. The course will be shot utilizing their iron sights for half of the course and the rifle optic for the other half of the course. A passing score for each portion of the qualification must be obtained. If an optic is removed from the rifle for any reason and reattached, the deputy will have to re- qualify with the rifle prior to deploying with the rifle optic. 706.5 MAINTENANCE Manufacturers of rifle optics all make claims of extended battery life for their products, however deputies should replace the batteries in the rifle optics annually to ensure the rifle optic remains operable. Battery replacement, repairs or replacement of the optic will be the sole responsibility of the deputy. 706.6 INSPECTION AND STORAGE Rifle optics shall be inspected at the beginning of the shift by the employee. The employee shall ensure that the rifle optic is in good working condition at all times. Rifles with installed optics must be secured in a locking mechanism in your assigned vehicle. Fresno County Sheriff's Office Policy Manual Copyright Lexipol, LLC 2019/06/10, All Rights Reserved. Published with permission by Fresno County Sheriff's Office Support Services - 324 Chapter 8 - Support Services Policy 801 Fresno County Sheriff's Office Policy Manual Copyright Lexipol, LLC 2019/06/10, All Rights Reserved. Published with permission by Fresno County Sheriff's Office Communication Operations - 325 Communication Operations 801.1 PURPOSE AND SCOPE This policy establishes guidelines for the basic functions of the Communications Center. It addresses the immediate information needs of the Office in the course of its normal daily activities and during emergencies. 801.1.1 FCC COMPLIANCE Fresno County Sheriff's Office radio operations shall be conducted in accordance with Federal Communications Commission (FCC) procedures and guidelines. 801.2 POLICY It is the policy of the Fresno County Sheriff's Office to provide 24-hour telephone service to the public for information and for routine or emergency assistance. The Office provides two-way radio capability providing continuous communication between the Communications Center and office members in the field. 801.3 THE COMMUNICATIONS CENTER SECURITY The communications function is vital and central to all emergency service operations. The safety and security of the Communications Center, its members and its equipment must be a high priority. Special security procedures should be established in a separate procedure manual for the Communications Center. Access to the Communications Center shall be limited to the Communications Center members, the Watch Commander, command staff and office members with a specific business-related purpose. 801.4 RESPONSIBILITIES 801.4.1 COMMUNICATIONS SUPERVISOR The Sheriff shall appoint and delegate certain responsibilities to a Communications Supervisor. The Communications Supervisor is directly responsible to the Patrol Bureau Commander or the authorized designee. The responsibilities of the Communications Supervisor include, but are not limited to: (a)Overseeing the efficient and effective operation of the Communications Center in coordination with other supervisors. (b)Scheduling and maintaining dispatcher time records. (c)Supervising, training and evaluating dispatchers. (d)Ensuring the radio and telephone recording system, CAD program and databases are operational. Fresno County Sheriff's Office Policy Manual Communication Operations Copyright Lexipol, LLC 2019/06/10, All Rights Reserved. Published with permission by Fresno County Sheriff's Office Communication Operations - 326 (a)Recordings shall be maintained in accordance with the established records retention schedule and as required by law. (e)Processing requests for copies of the Communications Center information for release. (f)Maintaining the Communications Center database systems. (g)Maintaining and updating the Communications Center procedures manual. 1.Procedures for specific types of crime reports may be necessary. For example, specific questions and instructions may be necessary when talking with a victim of a sexual assault to ensure that his/her health and safety needs are met, as well as steps that he/she may take to preserve evidence. 2.Ensuring dispatcher compliance with established policies and procedures. (h)Handling internal and external inquiries regarding services provided and accepting personnel complaints in accordance with the Personnel Complaints Policy. (i)Maintaining a current contact list of County personnel to be notified in the event of a utility service emergency. (j)Coordinating the response to and notifying the Watch Commander of emergency activity, including, but not limited to: (a)Vehicle pursuits (b)Foot pursuits (c)Assignment of emergency response 801.4.2 ADDITIONAL PROCEDURES The Communications Supervisor should establish procedures for: (a)Recording all telephone and radio communications and playback issues. (b)Storage and retention of recordings. (c)Security of audio recordings (e.g., passwords, limited access, authorized reviewers, preservation of recordings past normal retention standards). (d)Availability of current information for dispatchers (e.g., Watch Commander contact, rosters, member tracking methods, member contact, maps, emergency providers, tactical dispatch plans). (e)Assignment of field members and safety check intervals. (f)Procurement of external services (e.g., fire suppression, ambulances, aircraft, tow trucks, taxis). (g)Protection of essential equipment (e.g., surge protectors, gaseous fire suppression systems, uninterruptible power systems, generators). (h)Handling misdirected, silent and hang-up calls. (i)Handling private security alarms, if applicable. (j)Radio interoperability issues. Fresno County Sheriff's Office Policy Manual Communication Operations Copyright Lexipol, LLC 2019/06/10, All Rights Reserved. Published with permission by Fresno County Sheriff's Office Communication Operations - 327 801.4.3 DISPATCHERS Dispatchers report to the Communications Supervisor. The responsibilities of the dispatcher include, but are not limited to: (a)Receiving and handling all incoming and transmitted communications, including: (a)Emergency 9-1-1 lines. (b)Business telephone lines. (c)Telecommunications Device for the Deaf (TDD)/Text Telephone (TTY) equipment. (d)Radio communications with office members in the field and support resources (e.g., fire department, emergency medical services (EMS), allied agency law enforcement units). (e)Other electronic sources of information (e.g., text messages, digital photographs, video). (b)Documenting the field activities of office members and support resources (e.g., fire department, EMS, allied agency law enforcement units). (c)Inquiry and entry of information through the Communications Center, office and other law enforcement database systems (CLETS, DMV, NCIC). (d)Monitoring office video surveillance systems. (e)Maintaining the current status of members in the field, their locations and the nature of calls for service. (f)Notifying the field supervisor of emergency activity, including, but not limited to: 1.Vehicle pursuits. 2.Foot pursuits. 3.Assignment of emergency response. 801.5 CALL HANDLING This office provides members of the public with access to the 9-1-1 system for a single emergency telephone number. When a call for services is received, the dispatcher will reasonably and quickly attempt to determine whether the call is an emergency or non-emergency, and shall quickly ascertain the call type, location and priority by asking four key questions: •Where? •What? •When? •Who? Fresno County Sheriff's Office Policy Manual Communication Operations Copyright Lexipol, LLC 2019/06/10, All Rights Reserved. Published with permission by Fresno County Sheriff's Office Communication Operations - 328 If the dispatcher determines that the caller has a hearing and/or speech impairment or disability, he/she shall immediately initiate a connection with the individual via available TDD/TTY equipment or Telephone Relay Service (TRS), as mandated by the Americans with Disabilities Act (ADA). If the dispatcher determines that the caller is a limited English proficiency (LEP) individual, the dispatcher should quickly determine whether sufficient information can be obtained to initiate an appropriate response. If no authorized interpreter is available or the dispatcher is unable to identify the caller’s language, the dispatcher will contact the contracted telephonic interpretation service and establish a three- party call connecting the dispatcher, the LEP individual and the interpreter. Dispatchers should be courteous, patient and respectful when dealing with the public. 801.5.1 EMERGENCY CALLS A call is considered an emergency when there is an immediate or potential threat to life or serious property damage, and the timely arrival of public safety assistance is of the utmost importance. A person reporting an emergency should not be placed on hold until the dispatcher has obtained all necessary information to ensure the safety of the responding office members and affected individuals. Emergency calls should be dispatched immediately. The Watch Commander shall be notified of pending emergency calls for service when office members are unavailable for dispatch. 801.5.2 NON-EMERGENCY CALLS A call is considered a non-emergency call when there is no immediate or potential threat to life or property. A person reporting a non-emergency may be placed on hold, if necessary, to allow the dispatcher to handle a higher priority or emergency call. The reporting person should be advised if there will be a delay in the dispatcher returning to the telephone line or when there will be a delay in the response for service. 801.6 RADIO COMMUNICATIONS The sheriff radio system is for official use only, to be used by dispatchers to communicate with office members in the field. All transmissions shall be professional and made in a calm, businesslike manner, using proper language and correct procedures. Such transmissions shall include, but are not limited to: (a)Members acknowledging the dispatcher with their radio identification call signs and current location. (b)Dispatchers acknowledging and responding promptly to all radio transmissions. (c)Members keeping the dispatcher advised of their status and location. (d)Member and dispatcher acknowledgements shall be concise and without further comment unless additional information is needed. Fresno County Sheriff's Office Policy Manual Communication Operations Copyright Lexipol, LLC 2019/06/10, All Rights Reserved. Published with permission by Fresno County Sheriff's Office Communication Operations - 329 The Communications Supervisor shall be notified of radio procedure violations or other causes for complaint. All complaints and violations will be investigated and reported to the complainant’s supervisor and processed through the chain of command. 801.6.1 FEDERAL COMMUNICATIONS COMMISSION COMPLIANCE Fresno County Sheriff's Office radio operations shall be conducted in accordance with Federal Communications Commission (FCC) procedures and requirements. 801.6.2 RADIO IDENTIFICATION Radio call signs are assigned to office members based on factors such as duty assignment, uniformed patrol assignment and/or member identification number. Dispatchers shall identify themselves on the radio with the appropriate station name or number, and identify the office member by his/her call sign. Members should use their call signs when initiating communication with the dispatcher. The use of the call sign allows for a brief pause so that the dispatcher can acknowledge the appropriate office member. Members initiating communication with other law enforcement or support agencies shall use their entire radio call sign, which includes the office station name or number. 801.7 DOCUMENTATION It shall be the responsibility of the Communications Center to document all relevant information on calls for service or self-initiated activity. Dispatchers shall attempt to elicit, document and relay as much information as possible to enhance the safety of the member and assist in anticipating conditions that may be encountered at the scene. Desirable information would include, at a minimum: •Incident control number. •Date and time of request. •Name and address of the reporting person, if possible. •Type of incident reported. •Involvement of weapons, drugs and/or alcohol. •Location of incident reported. •Identification of members assigned as primary and backup. •Time of dispatch. •Time of the responding member’s arrival. •Time of member’s return to service. •Disposition or status of reported incident. Fresno County Sheriff's Office Policy Manual Communication Operations Copyright Lexipol, LLC 2019/06/10, All Rights Reserved. Published with permission by Fresno County Sheriff's Office Communication Operations - 330 801.8 CONFIDENTIALITY Information that becomes available through the Communications Center may be confidential or sensitive in nature. All members of the Communications Center shall treat information that becomes known to them as confidential and release that information in accordance with the Protected Information Policy. Automated data, such as Department of Motor Vehicle records, warrants, criminal history information, records of internal sheriff files or medical information, shall only be made available to authorized law enforcement personnel. Prior to transmitting confidential information via the radio, an admonishment shall be made that confidential information is about to be broadcast. 801.9 TRAINING AND CERTIFICATION Dispatchers shall receive training consistent with minimum standards established by POST (Penal Code § 13510). Policy 802 Fresno County Sheriff's Office Policy Manual Copyright Lexipol, LLC 2019/06/10, All Rights Reserved. Published with permission by Fresno County Sheriff's Office Property and Evidence - 331 Property and Evidence 802.1 PURPOSE AND SCOPE This_policy provides for the proper collection, storage, and security of evidence and other property. Additionally, this policy provides for the protection of the chain of evidence and those persons authorized to remove and/or destroy property. 802.2 DEFINITIONS Property - Includes all items of evidence, items taken for safekeeping and found property. Evidence - Includes items taken or recovered in the course of an investigation that may be used in the prosecution of a case. This includes photographs and latent fingerprints. Safekeeping - Includes the following types of property: •Property obtained by the Office for safekeeping such as a firearm •Personal property of an arrestee not taken as evidence •Property taken for safekeeping under authority of a law (e.g., Welfare and Institutions Code § 5150 (mentally ill persons)) Found property - Includes property found by an employee or citizen that has no apparent evidentiary value and where the owner cannot be readily identified or contacted. 802.3 PROPERTY HANDLING Any_employee who first comes into possession of any property shall retain such property in his/ her possession until it is properly tagged and placed in the designated property locker or storage room along with the property form. Care shall be taken to maintain the chain of custody for all evidence. Where ownership can be established as to found property with no apparent evidentiary value, such property may be released to the owner without the need for booking. The property form must be completed to document the release of property not booked and the owner shall sign the form acknowledging receipt of the items. 802.3.1 PROPERTY BOOKING PROCEDURE All property must be booked prior to the employee going off-duty unless otherwise approved by a supervisor. Employees booking property shall observe the following guidelines: (a)Complete the property form describing each item of property separately, listing all serial numbers, owner’s name, finder's name, and other identifying information or markings. (b)Complete an evidence/property tag and attach it to each package or envelope in which the property is stored. (c)When the property is too large to be placed in a locker, the item may be retained in the supply room. Fresno County Sheriff's Office Policy Manual Property and Evidence Copyright Lexipol, LLC 2019/06/10, All Rights Reserved. Published with permission by Fresno County Sheriff's Office Property and Evidence - 332 802.3.2 NARCOTICS AND DANGEROUS DRUGS All_narcotics and dangerous drugs shall be booked separatel from other property using a separate property record. Paraphernalia as defined by Health and Safety Code § 11364 shall also be booked separately. The deputy seizing the narcotics and dangerous drugs shall place them in the designated locker. 802.3.3 EXPLOSIVES Deputies who encounter a suspected explosive device shall promptly notify their immediate supervisor or the Watch Commander. The bomb squad will be called to handle explosive-related incidents and will be responsible for the handling, storage, sampling and disposal of all suspected explosives. Explosives will not be retained in the sheriff facility. Only fireworks that are considered stable and safe and road flares or similar signaling devices may be booked into property. All such items shall be stored in proper containers and in an area designated for the storage of flammable materials. 802.3.4 EXCEPTIONAL HANDLING Certain property items require a separate process. The following items shall be processed in the described manner: (a)Bodily fluids such as blood or semen stains shall be air dried prior to booking. (b)All bicycles and bicycle frames require a property record. Property tags will be securely attached to each bicycle or bicycle frame. The property may be released directly to the Identification Technician, or placed in the bicycle storage area until a Identification Technician can log the property. (c)All cash shall be counted in the presence of a second person and the envelope initialed by the verifier. The Watch Commander shall be contacted for cash in excess of $10,000 for special handling procedures. County property, unless connected to a known criminal case, should be released directly to the appropriate County department. No formal booking is required. In cases where no responsible person can be located, the property should be booked for safekeeping in the normal manner. 802.4 PACKAGING OF PROPERTY Certain items require special consideration and shall be booked separately as follows: (a)Narcotics and dangerous drugs (b)Firearms (ensure they are unloaded and booked separately from ammunition) (c)Property with more than one known owner (d)Property that is booked with various definitions (evidence, safekeeping, found, etc.) (e)Paraphernalia as described in Health and Safety Code § 11364 (f)Fireworks (g)Contraband Fresno County Sheriff's Office Policy Manual Property and Evidence Copyright Lexipol, LLC 2019/06/10, All Rights Reserved. Published with permission by Fresno County Sheriff's Office Property and Evidence - 333 802.4.1 PACKAGING CONTAINER Members shall package all property, except narcotics and dangerous drugs in a suitable container available for its size. Knife boxes should be used to package knives, and syringe tubes should be used to package syringes and needles. A property tag shall be securely attached to the outside of all items or group of items packaged together. 802.4.2 PACKAGING NARCOTICS The member seizing narcotics and dangerous drugs shall retain such property in his/her possession until it is properly weighed, packaged, tagged, and placed in the designated narcotics locker, accompanied by the property record. Narcotics and dangerous drugs shall be packaged in an envelope of appropriate size available in the report room. The booking member shall initial the sealed envelope and the initials covered with cellophane tape. Narcotics and dangerous drugs shall not be packaged with other property. A completed property tag shall be attached to the outside of the container. The chain of evidence shall be recorded on the back of this tag. 802.5 RECORDING OF PROPERTY The Identification Technician receiving custody of evidence or property shall record where the property will be stored in the property database. A property number shall be obtained for each item or group of items. This number shall be recorded on the property tag and the property database. Any changes in the location of property held by the Fresno County Sheriff's Office shall be noted in the property database. 802.6 PROPERTY CONTROL Each time the Identification Technician receives property or releases property to another person, he/she shall enter this information on the property control card. Deputies desiring property for court shall contact the Identification Technician at least one business day prior to the court day. 802.6.1 RESPONSIBILITY OF OTHER PERSONNEL Every time property is released, an appropriate entry on the evidence package shall be completed to maintain the chain of evidence. Request for analysis for items other than narcotics or drugs shall be completed on the appropriate forms and submitted to the appropriate personnel. This request may be filled out any time after booking of the property or evidence. 802.6.2 TRANSFER OF EVIDENCE TO CRIME LABORATORY The transporting member will check the evidence out of property, indicating the date and time on the property control card and the request for laboratory analysis. Fresno County Sheriff's Office Policy Manual Property and Evidence Copyright Lexipol, LLC 2019/06/10, All Rights Reserved. Published with permission by Fresno County Sheriff's Office Property and Evidence - 334 The member releasing the evidence must complete the required information on the property control card and the evidence. 802.6.3 STATUS OF PROPERTY Each person receiving property will make the appropriate entry to document the chain of evidence. Temporary release of property to deputies for investigative purposes, or for court, shall be noted in the property database, stating the date, time and to whom released. The Identification Technician shall obtain the signature of the person to whom property is released, and the reason for release. Any employee receiving property shall be responsible for such property until it is properly returned to property or properly released to another authorized person or entity. The return of the property should be recorded on the property control card, indicating date, time, and the person who returned the property. 802.6.4 AUTHORITY TO RELEASE PROPERTY The detective unit assigned the case shall authorize the disposition or release of all evidence and property related to that case. 802.6.5 RELEASE OF PROPERTY All reasonable attempts shall be made to identify the rightful owner of found property or evidence not needed for an investigation. Release of property shall be made upon receipt of an authorized release form, listing the name and address of the person to whom the property is to be released. The release authorization shall be signed by the authorizing supervisor or detective and must conform to the items listed on the property form or must specify the specific item(s) to be released. Release of all property shall be documented on the property form. With the exception of firearms and other property specifically regulated by statute, found property shall be held for a minimum of 90 days and property held for safekeeping shall be held for a minimum of 60 days. During such period, property personnel shall attempt to contact the rightful owner by telephone and/or mail when sufficient identifying information is available. Property not held for any other purpose and not claimed within the required holding period (or receipt, if notification is not feasible) may be auctioned to the highest bidder at a properly published public auction. If such property is not sold at auction or otherwise lawfully claimed, it may thereafter be destroyed (Civil Code § 2080.6). The final disposition of all such property shall be fully documented in related reports. A Identification Technician shall release the property upon proper identification being presented by the owner for which an authorized release has been received. A signature of the person receiving the property shall be recorded on the original property form. After release of all property entered on the property control card, the card shall be forwarded to the Records Unit for filing with the case. Fresno County Sheriff's Office Policy Manual Property and Evidence Copyright Lexipol, LLC 2019/06/10, All Rights Reserved. Published with permission by Fresno County Sheriff's Office Property and Evidence - 335 If some items of property have not been released the property card will remain with the Property and Evidence Unit. Upon release, the proper entry shall be documented in the Property Log. Under no circumstances shall any firearm be returned to any individual unless and until such person presents valid identification and written notification from the California Department of Justice that conforms to the provisions of Penal Code § 33865. The case agent or their supervisor should also make reasonable efforts to determine whether the person is the subject of any court order preventing the person from possessing a firearm and if so, the firearm should not be released to the person while the order is in effect. The Office is not required to retain any firearm or other deadly weapon longer than 180 days after notice has been provided to the owner that such firearm or other deadly weapon is available for return. At the expiration of such period, the firearm or other deadly weapon may be processed for disposal in accordance with applicable law (Penal Code § 33875). 802.6.6 DISPUTED CLAIMS TO PROPERTY Occasionally more than one party may claim an interest in property being held by the Office, and the legal rights of the parties cannot be clearly established. Such property shall not be released until one party has obtained a valid court order or other undisputed right to the involved property. All parties should be advised that their claims are civil and in extreme situations, legal counsel for the Office may wish to file an interpleader to resolve the disputed claim (Code of Civil Procedure § 386(b)). 802.6.7 CONTROL OF NARCOTICS AND DANGEROUS DRUGS Upon receipt of destruction authorization, the Detective Bureau will be responsible for the storage, control and destruction of all narcotics and dangerous drugs coming into the custody of this office, including paraphernalia as described in Health and Safety Code § 11364. 802.6.8 RELEASE OF FIREARM IN DOMESTIC VIOLENCE MATTERS Within five days of the expiration of a restraining order issued in a domestic violence matter that required the relinquishment of a firearm, the Identification Technician shall return the weapon to the owner if the requirements of Penal Code § 33850 and Penal Code § 33855 are met unless the firearm is determined to be stolen, evidence in a criminal investigation or the individual is otherwise prohibited from possessing a firearm (Family Code § 6389(g); Penal Code § 33855). 802.6.9 RELEASE OF FIREARMS AND WEAPONS IN MENTAL ILLNESS MATTERS Firearms and other deadly weapons confiscated from an individual detained for an evaluation by a mental health professional or subject to the provisions of Welfare and Institutions Code § 8100 or Welfare and Institutions Code § 8103 shall be released or disposed of as follows: (a)If a petition for a hearing regarding the return of the weapon has been initiated pursuant to Welfare and Institutions Code § 8102(c), the weapon shall be released or disposed of as provided by an order of the court. If the court orders a firearm returned, the firearm shall not be returned unless and until the person presents valid identification and Fresno County Sheriff's Office Policy Manual Property and Evidence Copyright Lexipol, LLC 2019/06/10, All Rights Reserved. Published with permission by Fresno County Sheriff's Office Property and Evidence - 336 written notification from the California Department of Justice (DOJ) which conforms to the provisions of Penal Code § 33865. (b)If no petition has been initiated pursuant to Welfare and Institutions Code § 8102(c) and the weapon is not retained as evidence, the Office shall make the weapon available for return. No firearm will be returned unless and until the person presents valid identification and written notification from the California DOJ which conforms to the provisions of Penal Code § 33865. (c)Unless the person contacts the Office to facilitate the sale or transfer of the firearm to a licensed dealer pursuant to Penal Code § 33870, firearms not returned should be sold, transferred, destroyed or retained as provided in Welfare and Institutions Code § 8102. 802.6.10 RELEASE OF FIREARMS IN GUN VIOLENCE RESTRAINING ORDER MATTERS Firearms and ammunition that were taken into temporary custody or surrendered pursuant to a gun violence restraining order shall be returned to the restrained person upon the expiration of the order and in accordance with the requirements of Penal Code § 33850 et seq. (Penal Code § 18120). If the restrained person who owns the firearms or ammunition does not wish to have the firearm or ammunition returned, he/she is entitled to sell or transfer title to a licensed dealer, provided that the firearms or ammunition are legal to own or possess and the restrained person has right to title of the firearms or ammunition (Penal Code § 18120). If a person other than the restrained person claims title to the firearms or ammunition surrendered pursuant to Penal Code § 18120 and the Fresno County Sheriff's Office determines him/her to be the lawful owner, the firearms or ammunition shall be returned in accordance with the requirements of Penal Code § 33850 et seq. (Penal Code § 18120). Firearms and ammunition that are not claimed are subject to the requirements of Penal Code § 34000. 802.7 DISPOSITION OF PROPERTY All property not held for evidence in a pending criminal investigation or proceeding, and held for six months or longer where the owner has not been located or fails to claim the property, may be disposed of in compliance with existing laws upon receipt of proper authorization for disposal. The Identification Technician shall request a disposition or status on all property which has been held in excess of 120 days, and for which no disposition has been received from a supervisor or detective. 802.7.1 EXCEPTIONAL DISPOSITIONS The following types of property shall be destroyed or disposed of in the manner, and at the time prescribed by law, unless a different disposition is ordered by a court of competent jurisdiction: •Weapons declared by law to be nuisances (Penal Code § 29300; Penal Code § 18010; Penal Code § 32750) Fresno County Sheriff's Office Policy Manual Property and Evidence Copyright Lexipol, LLC 2019/06/10, All Rights Reserved. Published with permission by Fresno County Sheriff's Office Property and Evidence - 337 •Animals, birds, and related equipment that have been ordered forfeited by the court (Penal Code § 599a) •Counterfeiting equipment (Penal Code § 480) •Gaming devices (Penal Code § 335a) •Obscene matter ordered to be destroyed by the court (Penal Code § 312) •Altered vehicles or component parts (Vehicle Code § 10751) •Narcotics (Health and Safety Code § 11474 et seq.) •Unclaimed, stolen or embezzled property (Penal Code § 1411) •Destructive devices (Penal Code § 19000) •Sexual assault evidence (Penal Code § 680(e)) 802.7.2 UNCLAIMED MONEY If found or seized money is no longer required as evidence and remains unclaimed after three years, the Office shall cause a notice to be published each week for a period of two consecutive weeks in a local newspaper of general circulation (Government Code § 50050). Such notice shall state the amount of money, the fund in which it is held and that the money will become the property of the agency on a designated date not less than 45 days and not more than 60 days after the first publication (Government Code § 50051). Any individual item with a value of less than $15.00, or any amount if the depositor/owner's name is unknown, which remains unclaimed for a year or by order of the court, may be transferred to the general fund without the necessity of public notice (Government Code § 50055). If the money remains unclaimed as of the date designated in the published notice, the money will become the property of this office to fund official law enforcement operations. Money representing restitution collected on behalf of victims shall either be deposited into the Restitution Fund or used for purposes of victim services. 802.7.3 RETENTION OF BIOLOGICAL EVIDENCE The Property and Evidence Unit Supervisor shall ensure that no biological evidence held by the Office is destroyed without adequate notification to the following persons, when applicable: (a)The defendant (b)The defendant’s attorney (c)The appropriate prosecutor and Attorney General (d)Any sexual assault victim (e)The Detective Bureau Bureau supervisor Biological evidence shall be retained for either a minimum period that has been established by law (Penal Code § 1417.9) or that has been established by the Property and Evidence Unit Supervisor, or until the expiration of any imposed sentence that is related to the evidence, whichever time Fresno County Sheriff's Office Policy Manual Property and Evidence Copyright Lexipol, LLC 2019/06/10, All Rights Reserved. Published with permission by Fresno County Sheriff's Office Property and Evidence - 338 period is greater. Following the retention period, notifications should be made by certified mail and should inform the recipient that the evidence will be destroyed after a date specified in the notice unless a motion seeking an order to retain the sample is filed and served on the Office within 180 days of the date of the notification. A record of all certified mail receipts shall be retained in the appropriate file. Any objection to, or motion regarding, the destruction of the biological evidence should be retained in the appropriate file and a copy forwarded to the Detective Bureau Bureau supervisor. Biological evidence related to a homicide shall be retained indefinitely and may only be destroyed with the written approval of the Sheriff and the head of the applicable prosecutor’s office. Biological evidence or other crime scene evidence from an unsolved sexual assault should not be disposed of prior to expiration of the statute of limitations and shall be retained as required in Penal Code § 680. Even after expiration of an applicable statute of limitations, the Detective Bureau Bureau supervisor should be consulted and the sexual assault victim shall be notified at least 60 days prior to the disposal (Penal Code § 680). Reasons for not analyzing biological evidence shall be documented in writing (Penal Code § 680.3). 802.8 INSPECTIONS OF THE EVIDENCE ROOM (a)On a monthly basis, the supervisor of the evidence custodian shall make an inspection of the evidence storage facilities and practices to ensure adherence to appropriate policies and procedures. (b)Unannounced inspections of evidence storage areas shall be conducted annually as directed by the Sheriff. (c)An annual audit of evidence held by the Office shall be conducted by a Bureau Commander (as appointed by the Sheriff) not routinely or directly connected with evidence control. (d)Whenever a change is made in personnel who have access to the evidence room, an inventory of all evidence/property shall be made by an individual not associated to the property room or function to ensure that records are correct and all evidence property is accounted for. Policy 803 Fresno County Sheriff's Office Policy Manual Copyright Lexipol, LLC 2019/06/10, All Rights Reserved. Published with permission by Fresno County Sheriff's Office Records Unit - 339 Records Unit 803.1 PURPOSE AND SCOPE This policy establishes the guidelines for the operational functions of the Fresno County Sheriff's Office Records Unit. The policy addresses office file access and internal requests for case reports. 803.1.1 NUMERICAL FILING SYSTEM Reports are numbered commencing with the last two digits of the current year followed by a sequential number beginning with 00001 starting at midnight on the first day of January of each year. As an example, case number YY-00001 would be the first new case beginning January 1 of a new year. 803.2 POLICY It is the policy of the Fresno County Sheriff's Office to maintain office records securely, professionally and efficiently. 803.3 DETERMINATION OF FACTUAL INNOCENCE In any case where a person has been arrested by deputies of the Fresno County Sheriff's Office and no accusatory pleading has been filed, the person arrested may petition the Office to destroy the related arrest records. Petitions should be forwarded to the Records Unit Commander. The Records Unit Commander or designee should promptly contact the prosecuting attorney and request a written opinion as to whether the petitioner is factually innocent of the charges (Penal Code § 851.8). Factual innocence means the accused person did not commit the crime. Upon receipt of a written opinion from the prosecuting attorney affirming factual innocence, the Records Unit Commander should forward the petition to the Detective Bureau Commander and County Counsel for review. After such review and consultation with County Counsel, the Detective Bureau Commander shall decide whether a finding of factual innocence is appropriate. Upon determination that a finding of factual innocence is appropriate, the Records Unit Commander shall ensure that the arrest record and petition are sealed for later destruction and the required notifications are made to the California Department of Justice and other law enforcement agencies (Penal Code § 851.8). The Records Supervisor should respond to a petition with the Office’s decision within 45 days of receipt. Responses should include only the decision of the Office, not an explanation of the analysis leading to the decision. 803.4 ARREST WITHOUT FILING OF ACCUSATORY PLEADING The Patrol Bureau Commander should ensure a process is in place for when an individual is arrested and released and no accusatory pleading is filed so that the following occurs (Penal Code § 849.5; Penal Code § 851.6): (a)The individual is issued a certificate describing the action as a detention. Fresno County Sheriff's Office Policy Manual Records Unit Copyright Lexipol, LLC 2019/06/10, All Rights Reserved. Published with permission by Fresno County Sheriff's Office Records Unit - 340 (b)All references to an arrest are deleted from the arrest records of the Office and the record reflects only a detention. (c)The California DOJ is notified. 803.5 FILE ACCESS AND SECURITY The security of files in the Records Unit must be a high priority and shall be maintained as mandated by state or federal law. All case reports including, but not limited to, initial, supplemental, follow-up, evidence and any other reports related to a sheriff office case, including criminal history records and publicly accessible logs, shall be maintained in a secure area within the Records Unit, accessible only by authorized members of the Records Unit. Access to case reports or files when Records Unit staff is not available may be obtained through the Watch Commander. The Records Unit will also maintain a secure file for case reports deemed by the Sheriff as sensitive or otherwise requiring extraordinary access restrictions. 803.6 CONFIDENTIALITY Records Unit staff has access to information that may be confidential or sensitive in nature. Records Unit staff shall not access, view or distribute, or allow anyone else to access, view or distribute any record, file or report, whether in hard copy or electronic file format, or any other confidential, protected or sensitive information except in accordance with the pending Records Maintenance and Release and Protected Information policies and the Records Unit procedure manual. Policy 805 Fresno County Sheriff's Office Policy Manual Copyright Lexipol, LLC 2019/06/10, All Rights Reserved. Published with permission by Fresno County Sheriff's Office Records Maintenance and Release - 341 Records Maintenance and Release 805.1 PURPOSE AND SCOPE This policy provides guidance on the maintenance and release of office records. Protected information is separately covered in the Protected Information Policy. 805.2 POLICY The Fresno County Sheriff's Office is committed to providing public access to records in a manner that is consistent with the California Public Records Act (Government Code § 6250 et seq.). 805.3 CUSTODIAN OF RECORDS RESPONSIBILITIES The_Sheriff shall designate a Custodian of Records. The responsibilities of the Custodian of Records include, but are not limited to: (a)Managing the records management system for the Office, including the retention, archiving, release and destruction of office public records. (b)Maintaining and updating the office records retention schedule including: 1.Identifying the minimum length of time the Office must keep records. 2.Identifying the office bureau responsible for the original record. (c)Establishing rules regarding the inspection and copying of office public records as reasonably necessary for the protection of such records. (d)Identifying records or portions of records that are confidential under state or federal law and not open for inspection or copying. (e)Establishing rules regarding the processing of subpoenas for the production of records. (f)Ensuring a current schedule of fees for public records as allowed by law is available (Government Code § 6253). (g)Determining how the office's website may be used to post public records in accordance with Government Code § 6253. (h)Ensuring that public records posted on the Office website meet the requirements of Government Code § 6253.10 including, but not limited to, posting in an open format where a record may be retrieved, downloaded, indexed and searched by a commonly used Internet search application. (i)Ensuring that a list and description, when applicable, of enterprise systems (as defined by Government Code § 6270.5) is publicly available upon request and posted in a prominent location on the Office’s website. 805.4 PROCESSING REQUESTS FOR PUBLIC RECORDS Any office member who receives a request for any record shall route the request to the Custodian of Records or the authorized designee. Fresno County Sheriff's Office Policy Manual Records Maintenance and Release Copyright Lexipol, LLC 2019/06/10, All Rights Reserved. Published with permission by Fresno County Sheriff's Office Records Maintenance and Release - 342 805.4.1 REQUESTS FOR RECORDS Any member of the public, including the media and elected officials, may access unrestricted records of this office, during regular business hours by submitting a written and signed request that reasonably describes each record sought and paying any associated fees (Government Code § 6253). The processing of requests for any record is subject to the following (Government Code § 6253): (a)The Office is not required to create records that do not exist. (b)Victims of an incident or their authorized representative shall not be required to show proof of legal presence in the United States to obtain office records or information. If identification is required, a current driver’s license or identification card issued by any state in the United States, a current passport issued by the United States or a foreign government with which the United States has a diplomatic relationship or current Matricula Consular card is acceptable (Government Code § 6254.30). (c)Either the requested record or the reason for non-disclosure will be provided promptly, but no later than 10 days from the date of request, unless unusual circumstances preclude doing so. If more time is needed, an extension of up to 14 additional days may be authorized by the Custodian of Records or the authorized designee. If an extension is authorized, the Office shall provide the requester written notice that includes the reason for the extension and the anticipated date of the response. 1.When the request does not reasonably describe the records sought, the Custodian of Records shall assist the requester in making the request focused and effective in a way to identify the records or information that would be responsive to the request including providing assistance for overcoming any practical basis for denying access to the records or information. The Custodian of Records shall also assist in describing the information technology and physical location in which the record exists (Government Code § 6253.1). 2.If the record requested is available on the office website, the requester may be directed to the location on the website where the record is posted. If the requester is unable to access or reproduce the record, a copy of the record shall be promptly provided. (d)Upon request, a record shall be provided in an electronic format utilized by the Office. Records shall not be provided only in electronic format unless specifically requested (Government Code § 6253.9). (e)When a record contains material with release restrictions and material that is not subject to release restrictions, the restricted material shall be redacted and the unrestricted material released. 1.A copy of the redacted release should be maintained in the case file for proof of what was actually released and as a place to document the reasons for the redactions. If the record is audio or video, a copy of the redacted audio/video release should be maintained in the office-approved media storage system and a notation should be made in the case file to document the release and the reasons for the redacted portions. Fresno County Sheriff's Office Policy Manual Records Maintenance and Release Copyright Lexipol, LLC 2019/06/10, All Rights Reserved. Published with permission by Fresno County Sheriff's Office Records Maintenance and Release - 343 (f)If a record request is denied in whole or part, the requester shall be provided a written response that includes the statutory exemption for withholding the record or facts that the public interest served by nondisclosure outweighs the interest served by disclosure (Government Code § 6255). The written response shall also include the names, titles or positions of each person responsible for the denial. 805.5 RELEASE RESTRICTIONS Examples of release restrictions include: (a)Personal identifying information, including an individual’s photograph; Social Security and driver identification numbers; name, address and telephone number; and medical or disability information that is contained in any driver license record, motor vehicle record or any office record, including traffic collision reports, are restricted except as authorized by the Office, and only when such use or disclosure is permitted or required by law to carry out a legitimate law enforcement purpose (18 USC § 2721; 18 USC § 2722). (b)Social Security numbers (Government Code § 6254.29). (c)Personnel records, medical records and similar records which would involve an unwarranted invasion of personal privacy (Government Code § 6254; Penal Code § 832.7; Penal Code § 832.8; Evidence Code § 1043 et seq.). 1.Peace officer personnel records are deemed confidential and shall not be made public or otherwise released to unauthorized individuals or entities absent a valid court order. 2.The identity of any deputy subject to any criminal or administrative investigation shall not be released without the consent of the involved deputy, prior approval of the Sheriff or as required by law. (d)Victim information that may be protected by statutes, including victims of certain crimes who have requested that their identifying information be kept confidential, victims who are minors and victims of certain offenses (e.g., sex crimes or human trafficking, Penal Code § 293). Addresses and telephone numbers of a victim or a witness to any arrested person or to any person who may be a defendant in a criminal action shall not be disclosed, unless it is required by law (Government Code § 6254; Penal Code § 841.5). 1.Victims of certain offenses (e.g., domestic violence, sexual assault, stalking, human trafficking, adult abuse) or their representative shall be provided, upon request and without charge, one copy of all incident report face sheets, one copy of all incident reports, or both, pursuant to the requirements and time frames of Family Code § 6228. 2.Victims of sexual assault, upon written request, shall be provided a free copy of the initial crime report regardless of whether the report has been closed. Personal identifying information may be redacted (Penal Code § 680.2(b). (e)Video or audio recordings created during the commission or investigation of the crime of rape, incest, sexual assault, domestic violence or child abuse that depicts the Fresno County Sheriff's Office Policy Manual Records Maintenance and Release Copyright Lexipol, LLC 2019/06/10, All Rights Reserved. Published with permission by Fresno County Sheriff's Office Records Maintenance and Release - 344 face, intimate body part or voice of a victim of the incident except as provided by Government Code § 6254.4.5. (f)Information involving confidential informants, intelligence information, information that would endanger the safety of any person involved or information that would endanger the successful completion of the investigation or a related investigation. This includes analysis and conclusions of investigating deputies (Evidence Code § 1041; Government Code § 6254). 1.Absent a statutory exemption to the contrary or other lawful reason to deem information from reports confidential, information from unrestricted agency reports shall be made public as outlined in Government Code § 6254(f). (g)Local criminal history information including, but not limited to, arrest history and disposition, and fingerprints shall only be subject to release to those agencies and individuals set forth in Penal Code § 13300. 1.All requests from criminal defendants and their authorized representatives (including attorneys) shall be referred to the District Attorney, County Attorney or the courts pursuant to Penal Code § 1054.5. (h)Certain types of reports involving, but not limited to, child abuse and molestation (Penal Code § 11167.5), elder and dependent abuse (Welfare and Institutions Code § 15633) and juveniles (Welfare and Institutions Code § 827). (i)Sealed autopsy and private medical information concerning a murdered child with the exceptions that allow dissemination of those reports to law enforcement agents, prosecutors, defendants or civil litigants under state and federal discovery laws (Code of Civil Procedure §130). (j)Information contained in applications for licenses to carry firearms or other files that indicates when or where the applicant is vulnerable or which contains medical or psychological information (Government Code § 6254). (k)Traffic collision reports (and related supplemental reports) shall be considered confidential and subject to release only to the California Highway Patrol, Department of Motor Vehicles (DMV), other law enforcement agencies and those individuals and their authorized representatives set forth in Vehicle Code § 20012. (l)Any record created exclusively in anticipation of potential litigation involving this office (Government Code § 6254). (m)Any memorandum from legal counsel until the pending litigation has been adjudicated or otherwise settled (Government Code § 6254.25). (n)Records relating to the security of the office’s electronic technology systems (Government Code § 6254.19). (o)Any other record not addressed in this policy shall not be subject to release where such record is exempt or prohibited from disclosure pursuant to state or federal law, including, but not limited to, provisions of the Evidence Code relating to privilege (Government Code § 6254). Fresno County Sheriff's Office Policy Manual Records Maintenance and Release Copyright Lexipol, LLC 2019/06/10, All Rights Reserved. Published with permission by Fresno County Sheriff's Office Records Maintenance and Release - 345 (p)Information connected with juvenile court proceedings or the detention or custody of a juvenile. Federal officials may be required to obtain a court order to obtain certain juvenile information (Welfare and Institutions Code § 827.9; Welfare and Institutions Code § 831). 805.6 SUBPOENAS AND DISCOVERY REQUESTS Any member who receives a subpoena duces tecum or discovery request for records should promptly contact a supervisor and the Custodian of Records for review and processing. While a subpoena duces tecum may ultimately be subject to compliance, it is not an order from the court that will automatically require the release of the requested information. Generally, discovery requests and subpoenas from criminal defendants and their authorized representatives (including attorneys) should be referred to the District Attorney, County Attorney or the courts. All questions regarding compliance with any subpoena duces tecum or discovery request should be promptly referred to legal counsel for the Office so that a timely response can be prepared. 805.7 RELEASED RECORDS TO BE MARKED Each page of any written record released pursuant to this policy should be stamped in a colored ink or otherwise marked to indicate the office name and to whom the record was released. Each audio/video recording released should include the office name and to whom the record was released. 805.8 SEALED RECORD ORDERS Sealed record orders received by the Office shall be reviewed for appropriate action by the Custodian of Records. The Custodian of Records shall seal such records as ordered by the court. Records may include, but are not limited to, a record of arrest, investigation, detention or conviction. Once the record is sealed, members shall respond to any inquiry as though the record did not exist (Penal Code § 851.8; Welfare and Institutions Code § 781). When an arrest record is sealed pursuant to Penal Code § 851.87, Penal Code § 851.90, Penal Code § 951.91, Penal Code § 1000.4 or Penal Code § 1001.9, the Records Unit Commander shall ensure that the required notations on local summary criminal history information and police investigative reports are made. Sealed records may be disclosed or used as authorized by Penal Code § 851.92. 805.9 SECURITY BREACHES The Records Unit Commander shall ensure notice is given anytime there is a reasonable belief an unauthorized person has acquired either unencrypted personal identifying information or encrypted personal information along with the encryption key or security credential stored in any Office information system (Civil Code § 1798.29). Fresno County Sheriff's Office Policy Manual Records Maintenance and Release Copyright Lexipol, LLC 2019/06/10, All Rights Reserved. Published with permission by Fresno County Sheriff's Office Records Maintenance and Release - 346 Notice shall be given as soon as reasonably practicable to all individuals whose information may have been acquired. The notification may be delayed if the Office determines that notification will impede a criminal investigation or any measures necessary to determine the scope of the breach and restore the reasonable integrity of the data system. For the purposes of this requirement, personal identifying information includes an individual’s first name or first initial and last name in combination with any one or more of the following: •Social Security number •Driver license number or California identification card number •Account number or credit or debit card number, in combination with any required security code, access code or password that would permit access to an individual’s financial account •Medical information •Health insurance information •A username or email address, in combination with a password or security question and answer that permits access to an online account •Information or data collected by Automated License Plate Reader (ALPR) technology 805.9.1 FORM OF NOTICE (a)The notice shall be written in plain language, be consistent with the format provided in Civil Code § 1798.29 and include, to the extent possible, the following: 1.The date of the notice. 2.Name and contact information for the Fresno County Sheriff's Office. 3.A list of the types of personal information that were or are reasonably believed to have been acquired. 4.The estimated date or date range within which the security breach occurred. 5.Whether the notification was delayed as a result of a law enforcement investigation. 6.A general description of the security breach. 7.The toll-free telephone numbers and addresses of the major credit reporting agencies, if the breach exposed a Social Security number or a driver license or California identification card number. (b)The notice may also include information about what the Fresno County Sheriff's Office has done to protect individuals whose information has been breached and may include information on steps that the person whose information has been breached may take to protect him/herself (Civil Code § 1798.29). (c)When a breach involves an online account, and only a username or email address in combination with either a password or security question and answer that would permit Fresno County Sheriff's Office Policy Manual Records Maintenance and Release Copyright Lexipol, LLC 2019/06/10, All Rights Reserved. Published with permission by Fresno County Sheriff's Office Records Maintenance and Release - 347 access to an online account, and no other personal information has been breached (Civil Code § 1798.29): 1.Notification may be provided electronically or in another form directing the person to promptly change either his/her password or security question and answer, as applicable, or to take other appropriate steps to protect the online account with the Office in addition to any other online accounts for which the person uses the same username or email address and password or security question and answer. 2.When the breach involves an email address that was furnished by the Fresno County Sheriff's Office, notification of the breach should not be sent to that email address but should instead be made by another appropriate medium as prescribed by Civil Code § 1798.29. 805.9.2 MANNER OF NOTICE (a)Notice may be provided by one of the following methods (Civil Code § 1798.29): 1.Written notice. 2.Electronic notice if the notice provided is consistent with the provisions regarding electronic records and signatures set forth in 15 USC § 7001. 3.Substitute notice if the cost of providing notice would exceed $250,000, the number of individuals exceeds 500,000 or the Office does not have sufficient contact information. Substitute notice shall consist of all of the following: (a)Email notice when the Office has an email address for the subject person. (b)Conspicuous posting of the notice on the office’s webpage for a minimum of 30 days. 4.Notification to major statewide media and the California Information Security Office within the California Department of Technology. (b)If a single breach requires the Office to notify more than 500 California residents, the Office shall electronically submit a sample copy of the notification, excluding any personally identifiable information, to the Attorney General. Policy 806 Fresno County Sheriff's Office Policy Manual Copyright Lexipol, LLC 2019/06/10, All Rights Reserved. Published with permission by Fresno County Sheriff's Office Protected Information - 348 Protected Information 806.1 PURPOSE AND SCOPE The purpose of this policy is to provide guidelines for the access, transmission, release and security of protected information by members of the Fresno County Sheriff's Office. This policy addresses the protected information that is used in the day-to-day operation of the Office and not the public records information covered in the Records Maintenance and Release Policy. 806.1.1 DEFINITIONS Definitions related to this policy include: Protected information - Any information or data that is collected, stored or accessed by members of the Fresno County Sheriff's Office and is subject to any access or release restrictions imposed by law, regulation, order or use agreement. This includes all information contained in federal, state or local law enforcement databases that is not accessible to the public. 806.2 POLICY Members of the Fresno County Sheriff's Office will adhere to all applicable laws, orders, regulations, use agreements and training related to the access, use, dissemination and release of protected information. 806.3 RESPONSIBILITIES The Sheriff shall select a member of the Office to coordinate the use of protected information. The responsibilities of this position include, but are not limited to: (a)Ensuring member compliance with this policy and with requirements applicable to protected information, including requirements for the National Crime Information Center (NCIC) system, National Law Enforcement Telecommunications System (NLETS), Department of Motor Vehicle (DMV) records and California Law Enforcement Telecommunications System (CLETS). (b)Developing, disseminating and maintaining procedures that adopt or comply with the U.S. Department of Justice’s current Criminal Justice Information Services (CJIS) Security Policy. (c)Developing, disseminating and maintaining any other procedures necessary to comply with any other requirements for the access, use, dissemination, release and security of protected information. (d)Developing procedures to ensure training and certification requirements are met. (e)Resolving specific questions that arise regarding authorized recipients of protected information. (f)Ensuring security practices and procedures are in place to comply with requirements applicable to protected information. Fresno County Sheriff's Office Policy Manual Protected Information Copyright Lexipol, LLC 2019/06/10, All Rights Reserved. Published with permission by Fresno County Sheriff's Office Protected Information - 349 806.4 ACCESS TO PROTECTED INFORMATION Protected information shall not be accessed in violation of any law, order, regulation, user agreement, Fresno County Sheriff's Office policy or training. Only those members who have completed applicable training and met any applicable requirements, such as a background check, may access protected information, and only when the member has a legitimate work-related reason for such access. Unauthorized access, including access for other than a legitimate work-related purpose, is prohibited and may subject a member to administrative action pursuant to the Personnel Complaints Policy and/or criminal prosecution. 806.4.1 PENALTIES FOR MISUSE OF RECORDS It is a misdemeanor to furnish, buy, receive or possess Department of Justice criminal history information without authorization by law (Penal Code § 11143). Authorized persons or agencies violating state regulations regarding the security of Criminal Offender Record Information (CORI) maintained by the California Department of Justice may lose direct access to CORI (11 CCR 702). 806.5 RELEASE OR DISSEMINATION OF PROTECTED INFORMATION Protected information may be released only to authorized recipients who have both a right to know and a need to know. A member who is asked to release protected information that should not be released should refer the requesting person to a supervisor or to the Records Unit Commander for information regarding a formal request. Unless otherwise ordered or when an investigation would be jeopardized, protected information maintained by the Office may generally be shared with authorized persons from other law enforcement agencies who are assisting in the investigation or conducting a related investigation. Any such information should be released through the Records Unit to ensure proper documentation of the release (see the Records Maintenance and Release Policy). Protected information, such as Criminal Justice Information (CJI), which includes Criminal History Record Information (CHRI), should generally not be transmitted by radio, cellular telephone or any other type of wireless transmission to members in the field or in vehicles through any computer or electronic device, except in cases where there is an immediate need for the information to further an investigation or where circumstances reasonably indicate that the immediate safety of deputies, other office members or the public is at risk. Nothing in this policy is intended to prohibit broadcasting warrant information. 806.5.1 REVIEW OF CRIMINAL OFFENDER RECORD Individuals requesting to review their own California criminal history information shall be referred to the Department of Justice (Penal Code § 11121). Fresno County Sheriff's Office Policy Manual Protected Information Copyright Lexipol, LLC 2019/06/10, All Rights Reserved. Published with permission by Fresno County Sheriff's Office Protected Information - 350 Individuals shall be allowed to review their arrest or conviction record on file with the Office after complying with all legal requirements regarding authority and procedures in Penal Code § 11120 through Penal Code § 11127 (Penal Code § 13321). 806.6 SECURITY OF PROTECTED INFORMATION The Sheriff will select a member of the Office to oversee the security of protected information. The responsibilities of this position include, but are not limited to: (a)Developing and maintaining security practices, procedures and training. (b)Ensuring federal and state compliance with the CJIS Security Policy and the requirements of any state or local criminal history records systems. (c)Establishing procedures to provide for the preparation, prevention, detection, analysis and containment of security incidents including computer attacks. (d)Tracking, documenting and reporting all breach of security incidents to the Sheriff and appropriate authorities. 806.6.1 MEMBER RESPONSIBILITIES Members accessing or receiving protected information shall ensure the information is not accessed or received by persons who are not authorized to access or receive it. This includes leaving protected information, such as documents or computer databases, accessible to others when it is reasonably foreseeable that unauthorized access may occur (e.g., on an unattended table or desk; in or on an unattended vehicle; in an unlocked desk drawer or file cabinet; on an unattended computer terminal). 806.7 TRAINING All members authorized to access or release protected information shall complete a training program that complies with any protected information system requirements and identifies authorized access and use of protected information, as well as its proper handling and dissemination. 806.8 CALIFORNIA RELIGIOUS FREEDOM ACT Members shall not release personal information from any agency database for the purpose of investigation or enforcement of any program compiling data on individuals based on religious belief, practice, affiliation, national origin or ethnicity (Government Code § 8310.3). Policy 807 Fresno County Sheriff's Office Policy Manual Copyright Lexipol, LLC 2019/06/10, All Rights Reserved. Published with permission by Fresno County Sheriff's Office Computers and Digital Evidence - 351 Computers and Digital Evidence 807.1 PURPOSE AND SCOPE This policy establishes procedures for the seizure and storage of computers, personal communications devices (PCDs) digital cameras, digital recorders and other electronic devices that are capable of storing digital information; and for the preservation and storage of digital evidence. All evidence seized and/or processed pursuant to this policy shall be done so in compliance with clearly established Fourth Amendment and search and seizure provisions. 807.2 SEIZING COMPUTERS AND RELATED EVIDENCE Computer equipment requires specialized training and handling to preserve its value as evidence. Deputies should be aware of the potential to destroy information through careless or improper handling, and utilize the most knowledgeable available resources. Unless otherwise directed by an Office computer forensic specialist, when seizing a computer and accessories the following steps should be taken: (a)Photograph each item, front and back, specifically including cable connections to other items. Look for a phone line or cable to a modem for Internet access. (b)Do not overlook the possibility of the presence of physical evidence on and around the hardware relevant to the particular investigation such as fingerprints, biological or trace evidence, and/or documents. (c)If the computer is off, do not turn it on. (d)If the computer is on, do not shut it down normally and do not click on anything or examine any files. 1.Photograph the screen, if possible, and note any programs or windows that appear to be open and running. 2.Disconnect the power cable from the back of the computer box or if a portable notebook style, disconnect any power cable from the case and remove the battery). 3.Document any devices that were plugged into the computer, such as a USB, external hardrive, cell phone(s), etc. (e)Label each item with case number, evidence sheet number, and item number. (f)Handle and transport the computer and storage media (e.g., tape, discs, memory cards, flash memory, external drives) with care so that potential evidence is not lost. (g)Lodge all computer items in the Property Room. Do not store computers where normal room temperature and humidity is not maintained. (h)At minimum, deputies should document the following in related reports: 1.Where the computer was located and whether or not it was in operation. 2.Who was using it at the time. Fresno County Sheriff's Office Policy Manual Computers and Digital Evidence Copyright Lexipol, LLC 2019/06/10, All Rights Reserved. Published with permission by Fresno County Sheriff's Office Computers and Digital Evidence - 352 3.Who claimed ownership. 4.If it can be determined, how it was being used. (i)In most cases when a computer is involved in criminal acts and is in the possession of the suspect, the computer itself and all storage devices (hard drives, tape drives, and disk drives) should be seized along with all media. Accessories (printers, monitors, mouse, scanner, keyboard, cables, software and manuals) may be seized as necessary for prosecution. 807.2.1 BUSINESS OR NETWORKED COMPUTERS If the computer belongs to a business or is part of a network, it may not be feasible to seize the entire computer. Cases involving networks require specialized handling. Deputies should contact an Office computer forensic specialist for instructions or a response to the scene. It may be possible to perform an on-site inspection, or to image the hard drive only of the involved computer. This should only be done by someone specifically trained in processing computers for evidence. 807.2.2 FORENSIC EXAMINATION OF COMPUTERS If an examination of the contents of the computer’s hard drive, or floppy disks, compact discs, or any other storage media is required, forward the following items to a computer forensic examiner: (a)Copy of report(s) involving the computer, including the Evidence/Property sheet. (b)Copy of a consent to search form signed by the computer owner or the person in possession of the computer, or a copy of a search warrant authorizing the search of the computer hard drive for evidence relating to investigation. (c)A listing of the items to search for (e.g., photographs, financial records, e-mail, documents). (d)An exact duplicate of the hard drive or disk will be made using a forensic computer and a forensic software program by someone trained in the examination of computer storage devices for evidence. 807.3 SEIZING DIGITAL STORAGE MEDIA Digital storage media including hard drives, floppy discs, CD’s, DVD’s, tapes, memory cards, or flash memory devices should be seized and stored in a manner that will protect them from damage. (a)If the media has a write-protection tab or switch, it should be activated. (b)Do not review, access or open digital files prior to submission. If the information is needed for immediate investigation request the Property and Evidence Unit or an Office computer forensic specialist to copy the contents to an appropriate form of storage media. (c)Many kinds of storage media can be erased or damaged by magnetic fields. Keep all media away from magnetic devices, electric motors, radio transmitters or other sources of magnetic fields. Fresno County Sheriff's Office Policy Manual Computers and Digital Evidence Copyright Lexipol, LLC 2019/06/10, All Rights Reserved. Published with permission by Fresno County Sheriff's Office Computers and Digital Evidence - 353 (d)Do not leave storage media where they would be subject to excessive heat such as in a parked vehicle on a hot day. (e)Use plastic cases designed to protect the media, or other protective packaging, to prevent damage. 807.4 SEIZING PCDS Personal communication devices such as cell phones, PDAs or other hand-held devices connected to any communication network must be handled with care to preserve evidence that may be on the device including messages, stored data and/or images. (a)Deputies should not attempt to access, unless exigent circumstances exist, review or search the contents of such devices prior to examination by a forensic expert. Unsent messages can be lost, data can be inadvertently deleted and incoming messages can override stored messages. (b)Do not turn the device on or off. The device should be placed in a solid metal container such as a faraday can or bag, to prevent the device from sending or receiving information from its host network. (c)When seizing the devices, attempt to obtain access codes or passwords and also seize the charging units and keep them plugged in to the chargers until they can be examined. If the batteries go dead all the data may be lost. (d)If applicable, place the device in airplane mode. 807.5 DIGITAL EVIDENCE RECORDED BY OFFICERS Deputies handling and submitting recorded and digitally stored evidence from digital cameras and audio or video recorders will comply with these procedures to ensure the integrity and admissibility of such evidence. Deputies shall follow the prescribed procedures as outlined in EZ-Evidence. Fresno County Sheriff's Office Policy Manual Copyright Lexipol, LLC 2019/06/10, All Rights Reserved. Published with permission by Fresno County Sheriff's Office Personnel - 354 Chapter 10 - Personnel Policy 1001 Fresno County Sheriff's Office Policy Manual Copyright Lexipol, LLC 2019/06/10, All Rights Reserved. Published with permission by Fresno County Sheriff's Office Evaluation of Employees - 355 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'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's Office Policy Manual Evaluation of Employees Copyright Lexipol, LLC 2019/06/10, All Rights Reserved. Published with permission by Fresno County Sheriff's Office Evaluation of Employees - 356 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's Office Policy Manual Evaluation of Employees Copyright Lexipol, LLC 2019/06/10, All Rights Reserved. Published with permission by Fresno County Sheriff's Office Evaluation of Employees - 357 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 1002 Fresno County Sheriff's Office Policy Manual Copyright Lexipol, LLC 2019/06/10, All Rights Reserved. Published with permission by Fresno County Sheriff's Office Promotional and Transfer Policy - 358 Promotional and Transfer Policy 1002.1 PURPOSE AND SCOPE The purpose of this policy is to establish required and desirable qualifications for promotion within the ranks of the Fresno County Sheriff's Office. All promotions and transfers are regulated through Fresno County Personnel Rules, the Fresno County Salary Resolution and current MOUs. 1002.1.1 GENERAL REQUIREMENTS The following conditions will be used in evaluating employees for promotion and transfer: (a)Present a professional, neat appearance. (b)Maintain a physical condition which aids in their performance. (c)Demonstrate the following traits: 1.Emotional stability and maturity 2.Stress tolerance 3.Sound judgment and decision-making 4.Personal integrity and ethical conduct 5.Leadership 6.Initiative 7.Adaptability and flexibility 8.Ability to conform to organizational goals and objectives in a positive manner. 1002.2 SWORN NON-SUPERVISORY SELECTION PROCESS Any primary or collateral assignment is considered a transfer and are not considered a promotion. 1002.2.1 DESIRABLE QUALIFICATIONS Candidates should meet the experience requirements outlined in the job-line to include, but not limited to: (a)Have a satisfactory annual evaluation on file (b)Off probation (unless waived by the Sheriff-Coroner) (c)Has shown an expressed interest in the position applied for (d)Education, training and demonstrated abilities in related areas; such as, enforcement activities, investigative techniques, report writing, public relations, etc. (e)Complete any training required by POST or law Fresno County Sheriff's Office Policy Manual Promotional and Transfer Policy Copyright Lexipol, LLC 2019/06/10, All Rights Reserved. Published with permission by Fresno County Sheriff's Office Promotional and Transfer Policy - 359 1002.3 SELECTION PROCESS Assignment to any position will ultimately be determined by the Sheriff, and may not be from those expressing original interest. The Sheriff reserves the right to make assignments to positions based on the best interests of the Unit, the Office and the public we serve. 1002.4 PROMOTIONAL SPECIFICATIONS Specifications for promotional opportunities are on file with the Fresno County Personnel Department Policy 1003 Fresno County Sheriff's Office Policy Manual Copyright Lexipol, LLC 2019/06/10, All Rights Reserved. Published with permission by Fresno County Sheriff's Office Grievance Procedure - 360 Grievance Procedure 1003.1 PURPOSE AND SCOPE It is the policy of this office that all grievances be handled quickly and fairly without discrimination against employees who file a grievance whether or not there is a basis for the grievance. Our office's philosophy is to promote a free verbal communication between employees and supervisors. 1003.1.1 GRIEVANCE DEFINED A grievance is any difference of opinion concerning terms or conditions of employment or the dispute involving the interpretation or application of any of the following documents by the person(s) affected: •The employee bargaining agreement (Memorandum of Understanding) •This Policy Manual •County rules and regulations covering personnel practices or working conditions Grievances may be brought by an individual affected employee or by a group representative. Specifically outside the category of grievance are complaints related to alleged acts of sexual, racial, ethnic or other forms of unlawful harassment, as well as complaints related to allegations of discrimination on the basis of sex, race, religion, ethnic background and other lawfully protected status or activity are subject to the complaint options set forth in the Discriminatory Harassment Policy, and personnel complaints consisting of any allegation of misconduct or improper job performance against any office employee that, if true, would constitute a violation of office policy, federal, state or local law set forth in the Personnel Complaint Policy. 1003.2 PROCEDURE The procedures and timelines for resolving an employee grievance are found in the applicable Memorandum of Understanding, Grievance Procedure documents. Except as otherwise required under a collective bargaining agreement, if an employee believes that he or she has a grievance as defined above, then that employee should observe the following procedure: (a)Attempt to resolve the issue through informal discussion with immediate supervisor no later than 14 days after the alleged problem occurred or was discovered. (b)If after a reasonable amount of time, generally seven days, the grievance cannot be settled by the immediate supervisor, the employee shall submit a standard grievance form to the Department Head with a copy to the Personnel Services Manager Labor Relations Division, no later than the end of the seventh calendar day. Fresno County Sheriff's Office Policy Manual Grievance Procedure Copyright Lexipol, LLC 2019/06/10, All Rights Reserved. Published with permission by Fresno County Sheriff's Office Grievance Procedure - 361 (c)The Department Head will give notice and hear the grievance and render a written decision within seven calendar days of receipt of the formal grievance from the employee. (d)Unresolved grievances may be submitted to Mediation by mutual written agreement between the employee’s representative and the Labor Relations Manager within five duty days of receipt of that decision. If agreed, the parties shall obtain the services of a mediator from the California State Mediation and Conciliation Services or the Federal Mediation and Conciliation Services in an effort to mediate grievance resolution before proceeding. The parties shall not divulge in any form the offers made in mediation. (e)If the employee is dissatisfied with the decision of the Department Head, the employee may, within five calendar days of receipt of that decision, request that the grievance be presented to a grievance committee for review. Such request shall be submitted to the Personnel Services Manager, Labor Relations Division. At this time, if the Personnel Services Manager is unable to resolve the grievance informally within five calendar days, steps shall be initiated to convene a grievance committee which shall meet to hear the matter at the earliest possible date. The committee shall state in writing its factual findings and reasons for its decision (County of Fresno Management Directive Chapter 200, Subject 220- Employee Grievance Procedure). 1003.3 EMPLOYEE REPRESENTATION Employees are entitled to have representation during the grievance process. The representative may be selected by the employee. 1003.4 GRIEVANCE RECORDS At the conclusion of the grievance process, all documents pertaining to the process shall be forwarded to the Human Resources Commander for inclusion into a secure file for all written grievances. A second copy of the written grievance will be maintained by the County of Fresno Labor Relations Division to monitor the grievance process. 1003.5 GRIEVANCE AUDITS The Human Resources Unit Commander should perform an annual audit of all grievances filed the previous calendar year to evaluate whether or not any policy/procedure changes or training may be appropriate to avoid future filings of grievances. The Human Resources Unit Commander shall notify the Sheriff via the chain of command. If the audit identifies any recommended changes or content that may warrant a critical revision to this policy manual, the Human Resources Unit Commander should promptly notify the Sheriff via the chain of command. Policy 1004 Fresno County Sheriff's Office Policy Manual Copyright Lexipol, LLC 2019/06/10, All Rights Reserved. Published with permission by Fresno County Sheriff's Office Anti-Retaliation - 362 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'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's Office Policy Manual Anti-Retaliation Copyright Lexipol, LLC 2019/06/10, All Rights Reserved. Published with permission by Fresno County Sheriff's Office Anti-Retaliation - 363 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's Office Policy Manual Anti-Retaliation Copyright Lexipol, LLC 2019/06/10, All Rights Reserved. Published with permission by Fresno County Sheriff's Office Anti-Retaliation - 364 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's Office Policy Manual Anti-Retaliation Copyright Lexipol, LLC 2019/06/10, All Rights Reserved. Published with permission by Fresno County Sheriff's Office Anti-Retaliation - 365 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 1009 Fresno County Sheriff's Office Policy Manual Copyright Lexipol, LLC 2019/06/10, All Rights Reserved. Published with permission by Fresno County Sheriff's Office Smoking and Tobacco Use - 366 Smoking and Tobacco Use 1009.1 PURPOSE AND SCOPE This policy establishes limitations on smoking and the use of tobacco products by members and others while on-duty or while in Fresno County Sheriff's Office facilities or vehicles. For the purposes of this policy, smoking and tobacco use includes, but is not limited to, any tobacco product, such as cigarettes, cigars, pipe tobacco, snuff, tobacco pouches and chewing tobacco, as well as any device intended to simulate smoking, such as an electronic cigarette or personal vaporizer. 1009.2 POLICY The Fresno County Sheriff's Office recognizes that tobacco use is a health risk and can be offensive to others. Smoking and tobacco use also presents an unprofessional image for the Office and its members. Therefore smoking and tobacco use is prohibited by members and visitors in all office facilities, buildings and vehicles, and as is further outlined in this policy (Government Code § 7597; Labor Code § 6404.5). 1009.3 SMOKING AND TOBACCO USE Smoking and tobacco use by members is prohibited anytime members are in public view representing the Fresno County Sheriff's Office. It shall be the responsibility of each member to ensure that no person under his/her supervision smokes or uses any tobacco product inside County facilities and vehicles. 1009.4 ADDITIONAL PROHIBITIONS No person shall use tobacco products within 20 feet of a main entrance, exit or operable window of any public building (including any office facility), or buildings on the campuses of the University of California, California State University and California community colleges, whether present for training, enforcement or any other purpose (Government Code § 7596 et seq.). 1009.4.1 NOTICE The Sheriff or the authorized designee should ensure that proper signage is posted at each entrance to the Office facility (Labor Code § 6404.5). Policy 1011 Fresno County Sheriff's Office Policy Manual Copyright Lexipol, LLC 2019/06/10, All Rights Reserved. Published with permission by Fresno County Sheriff's Office Seat Belts - 367 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'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's Office Policy Manual Seat Belts Copyright Lexipol, LLC 2019/06/10, All Rights Reserved. Published with permission by Fresno County Sheriff's Office Seat Belts - 368 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 1012 Fresno County Sheriff's Office Policy Manual Copyright Lexipol, LLC 2019/06/10, All Rights Reserved. Published with permission by Fresno County Sheriff's Office Body Armor - 369 Body Armor 1012.1 PURPOSE AND SCOPE The purpose of this policy is to provide law enforcement officers with guidelines for the proper use of body armor. 1012.2 POLICY It is the policy of the Fresno County Sheriff's Office to maximize officer safety through the use of body armor in combination with prescribed safety procedures. While body armor provides a significant level of protection, it is not a substitute for the observance of officer safety procedures. 1012.3 ISSUANCE OF BODY ARMOR The Training Unit supervisor shall ensure that body armor is issued to all deputies when the deputy begins service at the Fresno County Sheriff's Office and that, when issued, the body armor meets or exceeds the standards of the National Institute of Justice. The Training Unit supervisor shall establish a body armor replacement schedule and ensure that replacement body armor is issued pursuant to the schedule or whenever the body armor becomes worn or damaged to the point that its effectiveness or functionality has been compromised. 1012.3.1 USE OF SOFT BODY ARMOR Generally, the use of body armor is required subject to the following: (a)Deputies shall only wear agency-approved body armor. (b)Deputies shall wear body armor anytime they are in a situation where they could reasonably be expected to take enforcement action. (c)Deputies may be excused from wearing body armor when they are functioning primarily in an administrative or support capacity and could not reasonably be expected to take enforcement action. (d)Body armor shall be worn when a deputy is working in uniform or taking part in Office range training. (e)A deputy may be excused from wearing body armor when he/she is involved in undercover or plainclothes work that his/her supervisor determines could be compromised by wearing body armor, or when a supervisor determines that other circumstances make it inappropriate to mandate wearing body armor. 1012.3.2 INSPECTIONS OF BODY ARMOR Supervisors should ensure that body armor is worn and maintained in accordance with this policy through routine observation and periodic documented inspections. Annual inspections of body armor should be conducted by an authorized designee for fit, cleanliness, and signs of damage, abuse and wear. Fresno County Sheriff's Office Policy Manual Body Armor Copyright Lexipol, LLC 2019/06/10, All Rights Reserved. Published with permission by Fresno County Sheriff's Office Body Armor - 370 1012.3.3 CARE AND MAINTENANCE OF SOFT BODY ARMOR Soft body armor should never be stored for any period of time in an area where environmental conditions (e.g., temperature, light, humidity) are not reasonably controlled (e.g., normal ambient room temperature/humidity conditions), such as in automobiles or automobile trunks. Soft body armor should be cared for and cleaned pursuant to the manufacturer’s care instructions provided with the soft body armor. The instructions can be found on labels located on the external surface of each ballistic panel. The carrier should also have a label that contains care instructions. Failure to follow these instructions may damage the ballistic performance capabilities of the armor. If care instructions for the soft body armor cannot be located, contact the manufacturer to request care instructions. Soft body armor should not be exposed to any cleaning agents or methods not specifically recommended by the manufacturer, as noted on the armor panel label. Soft body armor should be replaced in accordance with the manufacturer’s recommended replacement schedule. 1012.4 TRAINING UNIT RESPONSIBILITIES The Training Unit should: (a)Monitor technological advances in the body armor industry for any appropriate changes to Office-approved body armor. (b)Assess weapons and ammunition currently in use and the suitability of approved body armor to protect against those threats. (c)Provide training that educates deputies about the safety benefits of wearing body armor. Policy 1017 Fresno County Sheriff's Office Policy Manual Copyright Lexipol, LLC 2019/06/10, All Rights Reserved. Published with permission by Fresno County Sheriff's Office Meal Periods and Breaks - 371 Meal Periods and Breaks 1017.1 PURPOSE AND SCOPE This policy regarding meals and breaks, insofar as possible shall conform to the policy governing all County members that has been established by the County Administrative Officer and any applicable MOU. 1017.1.1 MEAL PERIODS Uniform patrol members and dispatchers shall remain on duty subject to call during meal breaks. All other members are not on call during meal breaks unless directed otherwise by a supervisor. Uniformed patrol members should notifythe Communications Centerand/or enter their status and location in CAD prior to taking a meal period. Uniform patrol members shall take their breaks within the County limits (unless on assignment outside of the County) and in their assigned areas. The time spent for the meal period shall not exceed the authorized time allowed. 1017.1.2 15 MINUTE BREAKS Each member is entitled to a 15 minute break, near the midpoint, for each four-hour work period. Only one 15 minute break shall be taken during each four hours of duty. No breaks shall be taken during the first or last hour of a member’s shift unless approved by a supervisor. Members normally assigned to the sheriff-coroner's facility shall remain in the sheriff facility for their breaks. This would not prohibit them from taking a break outside the facility if on official business. Uniform patrol members will take their breaks in their assigned areas, subject to call and shall monitor their radios. When uniform patrol members take their breaks away from their vehicles, they shall do so only with the knowledge of the Communications Center. Policy 1018 Fresno County Sheriff's Office Policy Manual Copyright Lexipol, LLC 2019/06/10, All Rights Reserved. Published with permission by Fresno County Sheriff's Office Lactation Break Policy - 372 Lactation Break Policy 1018.1 PURPOSE AND SCOPE The purpose of this policy is to provide reasonable accommodations to employees desiring to express breast milk for the employee’s infant child (29 USC § 207 and Labor Code §§ 1030-1032). 1018.2 POLICY It is the policy of this office to provide, in compliance with the Fair Labor Standards Act, reasonable break time and appropriate facilities to accommodate any employee desiring to express breast milk for their nursing infant child (29 USC § 207 and Labor Code § 1030). 1018.3 LACTATION BREAK TIME A rest period should be permitted each time the employee has the need to express breast milk (29 USC § 207). In general, lactation breaks that cumulatively total 30 minutes or less during any four- hour work period or major portion of a four-hour work period would be considered reasonable. However, individual circumstances may require more or less time. Such breaks, if feasible, should be taken at the same time as the employee’s regularly scheduled rest or meal periods. While a reasonable effort will be made to provide additional time beyond authorized breaks, any such time exceeding regularly scheduled and paid break time will be unpaid (Labor Code § 1030). Employees desiring to take a lactation break shall notify the Communications Center or a supervisor prior to taking such a break. Such breaks may be reasonably delayed if they would seriously disrupt office operations (Labor Code § 1032). Once a lactation break has been approved, the break should not be interrupted except for emergency or exigent circumstances. 1018.4 PRIVATE LOCATION The Office will make reasonable efforts to accommodate employees with the use of an appropriate room or other location to express milk in private. Such room or place should be in close proximity to the employee’s work area and shall be other than a bathroom or toilet stall. The location must be shielded from view and free from intrusion from co-workers and the public (29 USC § 207 and Labor Code § 1031). Employees occupying such private areas shall either secure the door or otherwise make it clear to others that the area is occupied with a need for privacy. All other employees should avoid interrupting an employee during an authorized break, except to announce an emergency or other urgent circumstance. Authorized lactation breaks for employees assigned to the field may be taken at the nearest appropriate private area. Fresno County Sheriff's Office Policy Manual Lactation Break Policy Copyright Lexipol, LLC 2019/06/10, All Rights Reserved. Published with permission by Fresno County Sheriff's Office Lactation Break Policy - 373 1018.5 STORAGE OF EXPRESSED MILK Any employee storing expressed milk in any authorized refrigerated area within the Office shall clearly label it as such and shall remove it when the employee ends their shift. Policy 1019 Fresno County Sheriff's Office Policy Manual Copyright Lexipol, LLC 2019/06/10, All Rights Reserved. Published with permission by Fresno County Sheriff's Office Payroll Record Procedures - 374 Payroll Record Procedures 1019.1 PURPOSE AND SCOPE Payroll records are submitted to the Business Office on a bi-weekly basis for the payment of wages. 1019.1.1 RESPONSIBILITY FOR COMPLETION OF PAYROLL RECORDS Employees are responsible for the accurate and timely submission of payroll records for the payment of wages.Employees should submit their timesheets in time for their supervisors to approve by the deadlines below: (a)Supervisors should approve all employees scheduled Monday through Friday timesheets before 12:00 p.m. on payday Friday. (b)Supervisors should approve all other timesheets before 11:00 p.m. on Sunday following payday Friday. 1019.1.2 TIME REQUIREMENTS When there is a holiday, revised payroll deadlines will be emailed requesting timesheets to be submitted earlier to meet County payroll deadlines. Policy 1022 Fresno County Sheriff's Office Policy Manual Copyright Lexipol, LLC 2019/06/10, All Rights Reserved. Published with permission by Fresno County Sheriff's Office Occupational Disease and Work-Related Injury Reporting - 375 Occupational Disease and Work-Related Injury Reporting 1022.1 PURPOSE AND SCOPE The purpose of this policy is to provide guidance regarding the timely reporting of occupational diseases, psychiatric injuries and work-related injuries. 1022.1.1 DEFINITIONS Definitions related to this policy include: Occupational disease or work-related injury - An injury, disease or psychiatric injury arising out of employment (Labor Code § 3208; Labor Code § 3208.3; Labor Code § 3212 et seq.). 1022.2 POLICY The Fresno County Sheriff's Office will address occupational diseases and work-related injuries appropriately, and will comply with applicable state workers’ compensation requirements (Labor Code § 3200 et seq.). 1022.3 RESPONSIBILITIES 1022.3.1 MEMBER RESPONSIBILITIES Any member sustaining any occupational disease or work-related injury shall report such event as soon as practicable, but within 24 hours, to the Fresno County Sheriff-Coroner's Human Resources Unit, and should seek medical care when appropriate. 1022.3.2 SUPERVISOR RESPONSIBILITIES A supervisor learning of any occupational disease or work-related injury should ensure the member receives medical care as appropriate. Supervisors shall ensure that required documents regarding workers’ compensation are completed and forwarded promptly. Any related Countywide disease- or injury-reporting protocol shall also be followed. Supervisors shall determine whether the Major Incident Notification and Illness and Injury Prevention policies apply and take additional action as required. 1022.4 OTHER DISEASE OR INJURY Diseases and injuries caused or occurring on-duty shall be documented on the designated report of injury form, which shall be signed by a supervisor. A copy of the completed form shall be forwarded to the appropriate Bureau Commander through the chain of command and a copy sent to the Operations Support Bureau Commander. A determination will be made by Sheriff's Human Resourses and the Worker's Compensation Adminstrator to determine if the disease or injury qualifies for worker's compensation. Fresno County Sheriff's Office Policy Manual Occupational Disease and Work-Related Injury Reporting Copyright Lexipol, LLC 2019/06/10, All Rights Reserved. Published with permission by Fresno County Sheriff's Office Occupational Disease and Work-Related Injury Reporting - 376 1022.5 SETTLEMENT OFFERS When a member sustains an occupational disease or work-related injury that is caused by another person and is subsequently contacted by that person, his/her agent, insurance company or attorney and offered a settlement, the member shall take no action other than to submit a memo of this contact to his/her supervisor as soon as possible. 1022.5.1 NO SETTLEMENT WITHOUT PRIOR APPROVAL No less than 10 days prior to accepting and finalizing the settlement of any third-party claim arising out of or related to an occupational disease or work-related injury, the member shall provide the Sheriff with written notice of the proposed terms of such settlement. In no case shall the member accept a settlement without first providing written notice to the Sheriff. The purpose of such notice is to permit the County to determine whether the offered settlement will affect any claim the County may have regarding payment for damage to equipment or reimbursement for wages against the person who caused the disease or injury, and to protect the County's right of subrogation, while ensuring that the member's right to receive compensation is not affected. Policy 1026 Fresno County Sheriff's Office Policy Manual Copyright Lexipol, LLC 2019/06/10, All Rights Reserved. Published with permission by Fresno County Sheriff's Office Nepotism and Conflicting Relationships - 377 Nepotism and Conflicting Relationships 1026.1 PURPOSE AND SCOPE The purpose of this policy is to ensure equal opportunity and effective employment practices by avoiding actual or perceived favoritism, discrimination or actual or potential conflicts of interest by or between members of this office. These employment practices include: recruiting, testing, hiring, compensation, assignment, use of facilities, access to training opportunities, supervision, performance appraisal, discipline and workplace safety and security. 1026.1.1 DEFINITIONS Business relationship - Serving as an employee, independent contractor, compensated consultant, owner, board member, shareholder, or investor in an outside business, company, partnership, corporation, venture or other transaction, where the Office member’s annual interest, compensation, investment or obligation is greater than $250. Conflict of interest - Any actual, perceived or potential conflict of interest in which it reasonably appears that an office member’s action, inaction or decisions are or may be influenced by the member’s personal or business relationship. Nepotism - The practice of showing favoritism to relatives over others in appointment, employment, promotion or advancement by any public official in a position to influence these personnel decisions. Personal relationship - Includes marriage, cohabitation, dating or any other intimate relationship beyond mere friendship. Public official - A supervisor, officer or employee vested with authority by law, rule or regulation or to whom authority has been delegated. Relative - A member’s parent, stepparent, spouse, domestic partner, significant other, child (natural, adopted or step), sibling or grandparent. Subordinate - A member who is subject to the temporary or ongoing direct or indirect authority of a supervisor. Supervisor - A member who has temporary or ongoing direct or indirect authority over the actions, decisions, evaluation and/or performance of a subordinate member. 1026.2 RESTRICTED DUTIES AND ASSIGNMENTS The Office will not prohibit all personal or business relationships between members. However, in order to avoid nepotism or other inappropriate conflicts, the following reasonable restrictions shall apply (Government Code § 12940): (a)Members are prohibited from directly supervising, occupying a position in the line of supervision or being directly supervised by any other member who is a relative or with whom they are involved in a personal or business relationship. Fresno County Sheriff's Office Policy Manual Nepotism and Conflicting Relationships Copyright Lexipol, LLC 2019/06/10, All Rights Reserved. Published with permission by Fresno County Sheriff's Office Nepotism and Conflicting Relationships - 378 1.If circumstances require that such a supervisor/subordinate relationship exist temporarily, the supervisor shall make every reasonable effort to defer matters pertaining to the involved member to an uninvolved supervisor. 2.When personnel and circumstances permit, the Office will attempt to make every reasonable effort to avoid placing members in such supervisor/subordinate situations. The Office, however, reserves the right to transfer or reassign any member to another position within the same classification in order to avoid conflicts with any provision of this policy. (b)Members are prohibited from participating in, contributing to or recommending promotions, assignments, performance evaluations, transfers or other personnel decisions affecting a member who is a relative or with whom they are involved in a personal or business relationship. (c)Whenever possible, FTOs and other trainers will not be assigned to train relatives. FTOs and other trainers are prohibited from entering into or maintaining personal or business relationships with any member they are assigned to train until such time as the training has been successfully completed and the member is off probation. (d)To avoid actual or perceived conflicts of interest, members of this office shall refrain from developing or maintaining personal or financial relationships with victims, witnesses or other individuals during the course of or as a direct result of any official contact. (e)Except as required in the performance of official duties or, in the case of immediate relatives, members shall not develop or maintain personal or financial relationships with any individual they know or reasonably should know is under criminal investigation, is a convicted felon, parolee, fugitive or registered sex offender or who engages in serious violations of state or federal laws. 1026.2.1 MEMBER RESPONSIBILITY Prior to entering into any personal or business relationship or other circumstance which the member knows or reasonably should know could create a conflict of interest or other violation of this policy, the member shall promptly notify his/her uninvolved, next highest level of supervisor. Whenever any member is placed in circumstances that would require the member to take enforcement action or provide official information or services to any relative or individual with whom the member is involved in a personal or business relationship, the member shall promptly notify his/ her uninvolved, immediate supervisor. In the event that no uninvolved supervisor is immediately available, the member shall promptly notify dispatch to have another uninvolved member either relieve the involved member or minimally remain present to witness the action. 1026.2.2 SUPERVISOR'S RESPONSIBILITY Upon becoming aware of any circumstance that could result in or constitute an actual or potential violation of this policy, a supervisor shall take all reasonable steps to promptly mitigate or avoid such violations whenever possible. Supervisors shall also promptly notify their immediate supervisor of such actual or potential violations. Policy 1027 Fresno County Sheriff's Office Policy Manual Copyright Lexipol, LLC 2019/06/10, All Rights Reserved. Published with permission by Fresno County Sheriff's Office Office Badges - 379 Office Badges 1027.1 PURPOSE AND SCOPE The Fresno County Sheriff's Office badge and uniform patch as well as the likeness of these items and the name of the Fresno County Sheriff's Office are property of the Office and their use shall be restricted as set forth in this policy. 1027.2 POLICY The uniform badge shall be issued to office members as a symbol of authority and the use and display of office badges shall be in strict compliance with this policy. Only authorized badges issued by this office shall be displayed, carried or worn by members while on duty or otherwise acting in an official or authorized capacity. 1027.2.1 UNIFORM AND FLAT BADGE Sworn deputies, with the written approval of the Sheriff may purchase, at his/her own expense, an additional uniform badge and flat badge capable of being carried in a wallet. The use of the flat badge is subject to all the same provisions of office policy as the uniform badge. (a)Should any badge become lost, damaged, or otherwise removed from the deputy’s control, he/she shall make the proper notifications as outlined in the Office Owned and Personal Property Policy. (b)An honorably retired deputy may purchase his/her uniform badge and/or flat badge upon retirement. (c)The purchase, carrying or display of a badge is not authorized for non-sworn personnel. 1027.2.2 NON-SWORN PERSONNEL Badges and office identification cards issued to non-sworn personnel shall be clearly marked to reflect the position of the assigned member (e.g. Community Service Officer, Dispatcher). (a)Non-sworn personnel shall not display any office badge except as a part of his/her uniform and while on duty, or otherwise acting in an official and authorized capacity. (b)Non-sworn personnel shall not display any office badge or represent him/herself, on or off duty, in such a manner which would cause a reasonable person to believe that he/she is a sworn peace officer. 1027.2.3 RETIREE UNIFORM BADGE Upon honorable retirement members may purchase his/her assigned duty badge for display purposes. It is intended that the duty badge be used only as private memorabilia as other uses of the badge may be unlawful or in violation of this policy. Fresno County Sheriff's Office Policy Manual Office Badges Copyright Lexipol, LLC 2019/06/10, All Rights Reserved. Published with permission by Fresno County Sheriff's Office Office Badges - 380 1027.3 UNAUTHORIZED USE Except as required for on-duty use by current members, no badge designed for carry or display in a wallet, badge case or similar holder shall be issued to anyone other than a current member. Office badges are issued to all sworn members and non-sworn uniformed members for official use only. The office badge, shoulder patch or the likeness thereof, or the office name shall not be used for personal or private reasons including, but not limited to, letters, memoranda, and electronic communications such as electronic mail or web sites and web pages. The use of the badge, uniform patch and office name for all material (printed matter, products or other items) developed for office use shall be subject to approval by the Sheriff. Members shall not loan his/her office badge or identification card to others and shall not permit the badge or identification card to be reproduced or duplicated. 1027.4 PERMITTED USE BY EMPLOYEE GROUPS The likeness of the office badge shall not be used without the expressed authorization of the Sheriff and shall be subject to the following: (a)The employee associations may use the likeness of the office badge for merchandise and official association business provided they are used in a clear representation of the association and not the Fresno County Sheriff's Office. The following modifications shall be included: 1.The text on the upper and lower ribbons is replaced with the name of the employee association. 2.The badge number portion displays the acronym of the employee association. (b)The likeness of the office badge for endorsement of political candidates shall not be used without the expressed approval of the Sheriff. Policy 1030 Fresno County Sheriff's Office Policy Manual Copyright Lexipol, LLC 2019/06/10, All Rights Reserved. Published with permission by Fresno County Sheriff's Office Member Speech, Expression and Social Networking - 381 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 Policy 1031 Fresno County Sheriff's Office Policy Manual Copyright Lexipol, LLC 2019/06/10, All Rights Reserved. Published with permission by Fresno County Sheriff's Office Illness and Injury Prevention - 382 Illness and Injury Prevention 1031.1 PURPOSE AND SCOPE The purpose of this policy is to establish an ongoing and effective plan to reduce the incidence of illness and injury for members of the Fresno County Sheriff's Office, in accordance with the requirements of 8 CCR § 3203. This policy specifically applies to illness and injury that results in lost time or that requires medical treatment beyond first aid. Although this policy provides the essential guidelines for a plan that reduces illness and injury, it may be supplemented by procedures outside the Policy Manual. This policy does not supersede, but supplements any related Countywide safety efforts. 1031.2 POLICY The Fresno County Sheriff's Office is committed to providing a safe environment for its members and visitors and to minimizing the incidence of work-related illness and injuries. The Office will establish and maintain an Illness and Injury Prevention program and will provide tools, training and safeguards designed to reduce the potential for accidents, illness and injuries. It is the intent of the Office to comply with all laws and regulations related to occupational safety. 1031.3 ILLNESS AND INJURY PREVENTION PLAN The Human Resources Unit Commander and/or his or her designee is responsible for developing an illness and injury prevention plan that shall include: (a)Workplace safety and health training programs. (b)Regularly scheduled safety meetings. (c)Posted or distributed safety information. (d)A system for members to anonymously inform management about workplace hazards. (e)Establishment of a safety and health committee that will: 1.Meet regularly. 2.Prepare a written record of safety and health committee meetings. 3.Review the results of periodic scheduled inspections. 4.Review investigations of accidents and exposures. 5.Make suggestions to command staff for the prevention of future incidents. 6.Review investigations of alleged hazardous conditions. 7.Submit recommendations to assist in the evaluation of member safety suggestions. 8.Assess the effectiveness of efforts made by the Office to meet relevant standards. Fresno County Sheriff's Office Policy Manual Illness and Injury Prevention Copyright Lexipol, LLC 2019/06/10, All Rights Reserved. Published with permission by Fresno County Sheriff's Office Illness and Injury Prevention - 383 (f)Establishment of a process to ensure serious illnesses or injuries and death are reported as required by the Division of Occupational Safety and Health Administration (Cal/OSHA) (8 CCR § 342). 1031.4 HUMAN RESOURCES UNIT COMMANDER RESPONSIBILITIES The responsibilities of the Human Resources Unit Commander and/or his or her designee include, but are not limited to: (a)Managing and implementing a plan to reduce the incidence of member illness and injury. (b)Ensuring that a system of communication is in place that facilitates a continuous flow of safety and health information between supervisors and members. This system shall include: (a)New member orientation that includes a discussion of safety and health policies and procedures. (b)Regular member review of the illness and injury prevention plan. (c)Ensuring that all safety and health policies and procedures are clearly communicated and understood by all members. (d)Taking reasonable steps to ensure that all members comply with safety rules in order to maintain a safe work environment. This includes, but is not limited to: 1.Informing members of the illness and injury prevention guidelines. 2.Recognizing members who perform safe work practices. 3.Ensuring that the member evaluation process includes member safety performance. 4.Ensuring office compliance to meet standards regarding the following: (a)Respiratory protection (8 CCR § 5144) (b)Bloodborne pathogens (8 CCR § 5193) (c)Aerosol transmissible diseases (8 CCR § 5199) (d)Heat illness (8 CCR § 3395) (e)Emergency Action Plan (8 CCR § 3220) (f)Fire Prevention Plan (8 CCR § 3221) (e)Making available the Safety Inspection Report ( Safety Inspection Report.pdf ) to document inspections, unsafe conditions or work practices, and actions taken to correct unsafe conditions and work practices. (f)Making available the Employee Hazard Report ( Employee Hazard Report.pdf ) to document individual incidents or accidents. (g)Developing a form to document the safety and health training of each member. This form will include the member’s name or other identifier, training dates, type of training and training providers. Fresno County Sheriff's Office Policy Manual Illness and Injury Prevention Copyright Lexipol, LLC 2019/06/10, All Rights Reserved. Published with permission by Fresno County Sheriff's Office Illness and Injury Prevention - 384 (h)Conducting and documenting a regular review of the illness and injury prevention plan. 1031.5 SUPERVISOR RESPONSIBILITIES Supervisor responsibilities include, but are not limited to: (a)Ensuring member compliance with illness and injury prevention guidelines and answering questions from members about this policy. (b)Training, counseling, instructing or making informal verbal admonishments any time safety performance is deficient. Supervisors may also initiate discipline when it is reasonable and appropriate under the Standards of Conduct Policy. (c)Establishing and maintaining communication with members on health and safety issues. This is essential for an injury-free, productive workplace. (d)Completing required forms and reports relating to illness and injury prevention; such forms and reports shall be submitted to the Human Resources Unit Commander and/ or his or her designee. (e)Notifying the Human Resources Unit Commander and/or his or her designee when: 1.New substances, processes, procedures or equipment that present potential new hazards are introduced into the work environment. 2.New, previously unidentified hazards are recognized. 3.Occupational illnesses and injuries occur. 4.New and/or permanent or intermittent members are hired or reassigned to processes, operations or tasks for which a hazard evaluation has not been previously conducted. 5.Workplace conditions warrant an inspection. 1031.6 HAZARDS All members should report and/or take reasonable steps to correct unsafe or unhealthy work conditions, practices or procedures in a timely manner. Members should make their reports to a supervisor (as a general rule, their own supervisors). Supervisors should make reasonable efforts to correct unsafe or unhealthy work conditions in a timely manner, based on the severity of the hazard. These hazards should be corrected when observed or discovered, when it is reasonable to do so. When a hazard exists that cannot be immediately abated without endangering members or property, supervisors should protect or remove all exposed members from the area or item, except those necessary to correct the existing condition. Members who are necessary to correct the hazardous condition shall be provided with the necessary protection. All significant actions taken and dates they are completed shall be documented on an Employee Hazard Report ( Employee Hazard Report.pdf ). This form should be forwarded to the Human Resources Unit Commander and/or his or her designee via the chain of command. Fresno County Sheriff's Office Policy Manual Illness and Injury Prevention Copyright Lexipol, LLC 2019/06/10, All Rights Reserved. Published with permission by Fresno County Sheriff's Office Illness and Injury Prevention - 385 The Human Resources Unit Commander and/or his or her designee will take appropriate action to ensure the illness and injury prevention plan addresses potential hazards upon such notification. 1031.7 INSPECTIONS Safety inspections are crucial to a safe work environment. These inspections identify and evaluate workplace hazards and permit mitigation of those hazards. A hazard assessment checklist should be used for documentation and to ensure a thorough assessment of the work environment ( Safety Inspection Report.pdf ). The Human Resources Unit Commander and/or his or her designee shall ensure that the appropriate documentation is completed for each inspection. 1031.7.1 EQUIPMENT Members are charged with daily vehicle inspections of their assigned vehicles and of their personal protective equipment (PPE) prior to working in the field. Members shall complete the Employee Hazard Report ( Employee Hazard Report.pdf ) if an unsafe condition cannot be immediately corrected. Members should forward this form to their supervisors. 1031.8 INVESTIGATIONS Any member sustaining any work-related illness or injury, as well as any member who is involved in any accident or hazardous substance exposure while on-duty shall report such event as soon as practicable to a supervisor. Members observing or learning of a potentially hazardous condition are to promptly report the condition to their immediate supervisors. A supervisor receiving such a report should personally investigate the incident or ensure that an investigation is conducted. Investigative procedures for workplace accidents and hazardous substance exposures should include: (a)A visit to the accident scene as soon as possible. (b)An interview of the injured member and witnesses. (c)An examination of the workplace for factors associated with the accident/exposure. (d)Determination of the cause of the accident/exposure. (e)Corrective action to prevent the accident/exposure from reoccurring. (f)Documentation of the findings and corrective actions taken (g)Completion of an Employee Hazard Report ( Employee Hazard Report.pdf ). Additionally, the supervisor should proceed with the steps to report an on-duty injury, as required under the Occupational Disease and Work-Related Injury Reporting Policy, in conjunction with this investigation to avoid duplication and ensure timely reporting. Fresno County Sheriff's Office Policy Manual Illness and Injury Prevention Copyright Lexipol, LLC 2019/06/10, All Rights Reserved. Published with permission by Fresno County Sheriff's Office Illness and Injury Prevention - 386 1031.9 TRAINING The Human Resources Unit Commander and/or his or her designee should work with the Training Manager to provide all members, including supervisors, with training on general and job-specific workplace safety and health practices. Training shall be provided: (a)To supervisors to familiarize them with the safety and health hazards to which members under their immediate direction and control may be exposed. (b)To all members with respect to hazards specific to each member’s job assignment. (c)To all members given new job assignments for which training has not previously been provided. (d)Whenever new substances, processes, procedures or equipment are introduced to the workplace and represent a new hazard. (e)Whenever the Office is made aware of a new or previously unrecognized hazard. 1031.9.1 TRAINING TOPICS The Training Manager shall ensure that training includes: (a)Reporting unsafe conditions, work practices and injuries, and informing a supervisor when additional instruction is needed. (b)Use of appropriate clothing, including gloves and footwear. (c)Use of respiratory equipment. (d)Availability of toilet, hand-washing and drinking-water facilities. (e)Provisions for medical services and first aid. (f)Handling of bloodborne pathogens and other biological hazards. (g)Prevention of heat and cold stress. (h)Identification and handling of hazardous materials, including chemical hazards to which members could be exposed, and review of resources for identifying and mitigating hazards (e.g., hazard labels, Safety Data Sheets (SDS)). (i)Mitigation of physical hazards, such as heat and cold stress, noise, and ionizing and non-ionizing radiation. (j)Identification and mitigation of ergonomic hazards, including working on ladders or in a stooped posture for prolonged periods. (k)Back exercises/stretches and proper lifting techniques. (l)Avoidance of slips and falls. (m)Good housekeeping and fire prevention. (n)Other job-specific safety concerns. 1031.10 RECORDS Records and training documentation relating to illness and injury prevention will be maintained in accordance with the established records retention schedule. Policy 1033 Fresno County Sheriff's Office Policy Manual Copyright Lexipol, LLC 2019/06/10, All Rights Reserved. Published with permission by Fresno County Sheriff's Office Assigned, Mandatory & Voluntary Overtime Procedures - Unit 1 - 387 Assigned, Mandatory & Voluntary Overtime Procedures - Unit 1 1033.1 PURPOSE The purpose of this policy is to establish and maintain uniform guidelines for the scheduling of overtime. 1033.2 POLICY It is the policy of the Fresno County Sheriff-Coroner's Office that employees will work overtime only when it is reasonably necessary as determined by management. It is the policy of the Fresno County Sheriff-Coroner's Office that employees are to be paid for all overtime worked, either in cash or compensatory time. 1033.3 PROCEDURES (a)Mandatory overtime procedures: A.Mandatory patrol overtime shifts will be assigned automatically by WorkForce Telestaff or manually by a supervisor. (a)The assignment of the mandatory patrol overtime shift shall only occur between ten (10) and twenty (20) calendar days of the assigned shift. (b)Deputy Sheriffs working four 10 hours days a week shall not be assigned a mandatory patrol overtime shift on their middle day off. (c)Deputy Sheriffs working five 8 hour days a week are eligible to receive mandatory patrol overtime shifts on one of their days off. (d)Deputy Sheriffs who are assigned a mandatory patrol overtime shift on one of their regular days off (RDOs), and do not use their mandatory patrol overtime pass, shall not be assigned another mandatory patrol overtime shift within the same set of RDOs. (e)Deputy Sheriffs should not be assigned a mandatory patrol overtime shift during the RDOs that are within their scheduled vacation week(s). (a)However, since vacation weeks are from Monday-Sunday, the following could happen: A Deputy Sheriff who has Tuesday, Wednesday and Thursday as their RDOs may be assigned a mandatory patrol overtime shift the Tuesday after their vacation. (f)Deputy Sheriffs who work a collateral assignment and have regularly scheduled collateral assignment training on one of their RDOs shall not be assigned a mandatory overtime shift during the same set of RDOs for that week. Fresno County Sheriff's Office Policy Manual Assigned, Mandatory & Voluntary Overtime Procedures - Unit 1 Copyright Lexipol, LLC 2019/06/10, All Rights Reserved. Published with permission by Fresno County Sheriff's Office Assigned, Mandatory & Voluntary Overtime Procedures - Unit 1 - 388 (g)Deputy Sheriffs who are not assigned to uniformed patrol shall not be assigned a mandatory overtime shift on a holiday if that holiday falls on their regularly scheduled work day; however, if the holiday falls on one of their RDOs, they are eligible to receive a mandatory patrol overtime shift. (h)Deputy Sheriffs may be assigned mandatory patrol overtime shifts that "bookend" their normal work week. (a)For example, a Deputy Sheriff with RDOs FSS could be assigned a mandatory patrol overtime shift on a Sunday, work their regular scheduled week, and then be assigned a mandatory patrol overtime shift the next Friday. (i)Supervisors may only fill shifts that provide less than 10 days notice on a voluntary basis; however, in the event there are no volunteers, Deputy Sheriffs already working that day may be ordered to hold over until relieved or called in early to provide coverage. B.Once a Deputy Sheriff is assigned a mandatory patrol overtime shift, they have the next five (5) calendar days to pass on that shift. For clarification: if a Deputy Sheriff is assigned a mandatory patrol overtime shift on January 1st at 0200 hours, they have until January 6th at 0200 hours to use their pass. (a)Deputy Sheriffs will be notified of a mandatory patrol overtime shift via email or at login into WorkForce Telestaff. (b)Deputy Sheriffs are required to check their Sheriff Office email and log into WorkForce Telestaff at least once during each regularly scheduled work day. (c)If a Deputy Sheriff is on vacation and they have their "out of office" reply set on their Sheriff Office email, they will have five (5) calendar days after they return to work to pass on the assigned mandatory patrol overtime shift. (d)If a Deputy Sheriff is on vacation and they do not have their "out of office" reply set on their Sheriff Office email, they will then have five (5) calendar days from the date and time of the assigned mandatory patrol overtime shift to use their pass. (e)Deputy Sheriffs are provided one pass and they may choose to use it on a mandatory patrol overtime shift. Once a Deputy Sheriff passes on a mandatory patrol overtime shift, they must work a mandatory overtime shift in order to reset their pass. (f)Deputy Sheriffs who use their pass on a mandatory patrol overtime shift will not be assigned another mandatory patrol overtime shift for that same calendar day. (a)For example: if a Deputy Sheriff uses a mandatory patrol overtime pass for a watch 2 patrol shift on January 1st, they will not be assigned a watch 3 patrol mandatory overtime shift on January 1st. Fresno County Sheriff's Office Policy Manual Assigned, Mandatory & Voluntary Overtime Procedures - Unit 1 Copyright Lexipol, LLC 2019/06/10, All Rights Reserved. Published with permission by Fresno County Sheriff's Office Assigned, Mandatory & Voluntary Overtime Procedures - Unit 1 - 389 (g)Deputy Sheriffs who use their pass on a mandatory patrol overtime shift may be assigned a mandatory patrol overtime shift on a different day on the same set of RDOs. (a)For example: if a Deputy Sheriff whit RDOs of Friday, Saturday and Sunday gets assigned a mandatory patrol overtime shift for a Friday and uses their mandatory patrol overtime pass, they may be assigned a mandatory patrol overtime shift for that Sunday. (h)If a Deputy Sheriff arrives to work for a mandatory patrol overtime shift, and the supervisor determines that the Deputy Sheriff is not needed and the Deputy Sheriff chooses to not work the shift, this will reset the Deputy Sheriff's mandatory patrol overtime shift. (a)If the Deputy Sheriff chooses to work the assigned shift, the supervisor shall change the work code in WorkForce Telestaff from "MOT" to "MVOT". (i)Deputy Sheriffs who are assigned a mandatory patrol overtime shift may find another Deputy Sheriff to work the shift for them; however, the Deputy Sheriff originally assigned the shift will not have their mandatory patrol overtime pass reset. The Deputy Sheriff offering to work the shift will also not have their mandatory patrol overtime pass reset. C.Besides the mandatory patrol overtime pass Deputy Sheriffs reset after working a mandatory patrol overtime shift, Deputy Sheriffs may earn an additional mandatory patrol overtime pass under the following condition: (a)Deputy Sheriffs must work 150 voluntary patrol overtime hours (described further below) in a predetermined six (6) month period. (a)The two (2) six (6) month periods are: January 1st - June 30th and July 1st - December 31st. (b)Deputy Sheriffs could potentially earn two (2) additional mandatory patrol overtime passes in the calendar year but cannot earn the second pass until the first additional mandatory patrol overtime pass is used (no stockpiling passes). (a)For example: a Deputy Sheriff works 150 voluntary patrol hours between January 1st and June 30th and receives an additional mandatory patrol overtime pass. The same Deputy Sheriff also works 180 voluntary patrol overtime hours between July 1st and December 31st but does not earn another mandatory patrol overtime pass until the first additional mandatory patrol overtime pass is used. (c)Any earned additional mandatory patrol overtime passes may be carried over to the following six (6) month period or the following year. (d)Voluntary patrol overtime hours do not carry over into the next six-month period. Fresno County Sheriff's Office Policy Manual Assigned, Mandatory & Voluntary Overtime Procedures - Unit 1 Copyright Lexipol, LLC 2019/06/10, All Rights Reserved. Published with permission by Fresno County Sheriff's Office Assigned, Mandatory & Voluntary Overtime Procedures - Unit 1 - 390 (a)For example: a Deputy Sheriff works 75 hours of voluntary patrol overtime between January 1st and June 30th. After June 30th, the amount of voluntary patrol overtime hours as it relates to earning the additional mandatory patrol overtime pass for the next six (6) month period will reset to zero. (e)The following types of overtime worked will count as voluntary patrol overtime and count towards earning the additional mandatory patrol overtime pass: (a)Voluntary patrol overtime shifts (VOTs), overtime patrol shifts that were originally assigned as a mandatory patrol shift and then later changed to a voluntary patrol shift (MVOTs), Deputy Sheriffs who volunteer to come in early or hold over in patrol, dispatch, FTO report writing and other FTO required duties, court call out, skills training, and special details such as football games, Kearney Park functions, Christmas Tree Lane, etc. (b)Overtime associated with a Deputy Sheriff's regular assignment, such as report writing, early or late calls, Mello Roos, Records, Civil Unit, hospital shifts and any other types of overtime not previously mentioned will not count towards earning the additional mandatory patrol overtime pass. D.Deputy Sheriffs who work certain shifts may only be assigned certain mandatory patrol overtime shifts. (a)Watch 1 Deputy Sheriffs may be assigned watch 1 and/or watch 3 mandatory patrol overtime shifts. (b)Watch 2 Deputy Sheriffs may be assigned watch 2 and/or watch 3 mandatory patrol overtime shifts. (c)Watch 3 Deputy Sheriffs may be assigned watch 1, watch 2 and/or watch 3 mandatory patrol overtime shifts. (d)Watch 4 Deputy Sheriffs may be assigned watch 2 and/or watch 3 mandatory patrol overtime shifts. (e)There must be an eight (8) hour break before and/or after a Deputy Sheriff's regularly scheduled work day and the assigned mandatory patrol overtime shift, therefore, Deputy Sheriffs will be exempt from receiving certain shifts on their first and last RDO. (a)For example, a Deputy Sheriff working a watch 2 schedule will not receive a watch 3 mandatory patrol overtime shift on their third/ last RDO; however, they may receive a watch 3 mandatory patrol overtime shift on their first RDO. E.The following Deputy Sheriffs are eligible to receive mandatory overtime shifts: (a)Patrol Deputy Sheriffs (including Fig Garden, San Joaquin, school and other contracts) Fresno County Sheriff's Office Policy Manual Assigned, Mandatory & Voluntary Overtime Procedures - Unit 1 Copyright Lexipol, LLC 2019/06/10, All Rights Reserved. Published with permission by Fresno County Sheriff's Office Assigned, Mandatory & Voluntary Overtime Procedures - Unit 1 - 391 (b)Area/Property Detectives (c)Ag Task Force Detectives (d)MAGEC Tac Deputy Sheriffs (including any Deputy Sheriff assigned to another agency) (e)BEU Deputy Sheriffs (f)ACT Deputy Sheriffs (g)Operational IT Deputy Sheriffs (h)Domestic Violence Detectives (i)Sex Crime Detectives (j)Elder Abuse Detectives (k)Missing Person Detectives (l)PC290 Detectives (m)CSPP Detectives (n)ICAC Detectives (o)Internal Affairs Detectives (p)Transportation Deputy Sheriffs (q)Civil Unit Deputy Sheriffs (r)Homicide Task Force Deputy Sheriffs (s)Training Unit Deputy Sheriffs (a)During skills training, Training Unit Deputy Sheriffs will not be eligible for mandatory patrol overtime shifts and would be placed on the "do not call" list. F.The placement of any of the above aforementioned units or personnel back onto the "do not call" list shall be approved by the Patrol Bureau Captain. Individual placement of certain Deputy Sheriffs on the "do not call" list due to extended leave, on-the-job injury, reassignment to the courts, going through the FTO program, etc. may be done by the patrol or unit supervisor. G.The following Deputy Sheriffs are not eligible for mandatory overtime shifts: (a)Homicide Detectives (b)Narcotics Detectives (c)VICE Detectives (d)MAGEC Investigations Detectives (e)HEAT Detectives (f)Air Support Deputies (g)Deputy Sheriffs assigned to the Courts Fresno County Sheriff's Office Policy Manual Assigned, Mandatory & Voluntary Overtime Procedures - Unit 1 Copyright Lexipol, LLC 2019/06/10, All Rights Reserved. Published with permission by Fresno County Sheriff's Office Assigned, Mandatory & Voluntary Overtime Procedures - Unit 1 - 392 H.The placement of any other and/or future units on the "do not call" list shall be approved by the Patrol Bureau Captain. I.Deputy Sheriffs in a specialty unit or investigative assignment may not be assigned a mandatory patrol overtime shift if they require "Return to Patrol" training. 1."Return to Patrol" training is recommended for any Deputy Sheriff who has not worked a patrol shift within the last 18 months. 2.The Deputy Sheriff's Unit Commander should meet and discuss the necessity of the Deputy Sheriff's "Return to Patrol" training with the Field Training Officer (FTO) Commander. J.The mandatory patrol overtime shift picklist sorts in a descending order based upon the following priorities: (a)Total amount of voluntary patrol overtime hours (as described above in I.C.5.a.) in one calendar year (January 1st - December 31st). (b)Date of last assigned mandatory patrol overtime shift. (c)Seniority (a)For example, if Deputy Sheriff "A" worked 215 voluntary patrol overtime hours through November 1st and Deputy Sheriff "B" worked 10 voluntary patrol overtime hours and 40 mandatory patrol overtime hours through November 1st, Deputy Sheriff "B" would be higher on the mandatory patrol overtime picklist than Deputy Sheriff "A" until he/she meets and/or exceeds the total number of voluntary patrol overtime hours worked by Deputy Sheriff "A' (215 voluntary patrol overtime hours). If both Deputy Sheriffs worked 215 voluntary patrol overtime hours, the Deputy Sheriff who worked the last assigned mandatory patrol overtime shift would be at the bottom of the mandatory patrol overtime picklist. If they both worked a mandatory patrol overtime shift on the same day and worked the same number of voluntary patrol overtime hours, the Deputy Sheriff with the most seniority (entered into WorkForce Telestaff) would be at the bottom of the mandatory patrol overtime picklist. (b)VOLUNTARY OVERTIME PROCEDURES: A.WorkForce Telestaff will first fill shifts by assigning Deputy Sheriffs who are on the voluntary overtime picklist. (a)The voluntary overtime picklist is formed by a "first come - first served" basis, meaning the Deputy Sheriff at the top of the voluntary overtime picklist was the first to sign up for a voluntary overtime shift. (b)Deputy Sheriffs will be notified of a voluntary overtime shift via email or at login into WorkForce Telestaff. Fresno County Sheriff's Office Policy Manual Assigned, Mandatory & Voluntary Overtime Procedures - Unit 1 Copyright Lexipol, LLC 2019/06/10, All Rights Reserved. Published with permission by Fresno County Sheriff's Office Assigned, Mandatory & Voluntary Overtime Procedures - Unit 1 - 393 B.Deputy Sheriffs may sign up for voluntary overtime shifts ninety (90) days out from the day of the shift. WorkForce Telestaff will start automatically assigning the voluntary overtime shifts (60) days out from the day of the shift. C.Supervisors manually assigning a voluntary overtime shift shall use the voluntary overtime picklist to determine the order of selection. D.Supervisors may manually assign a voluntary overtime shift sixty (60) days out from the day of the shift. E.In the event a voluntary overtime shift needs to be canceled due to a change in staffing, and there are multiple Deputy Sheriffs occupying voluntary overtime shifts, supervisors should cancel the Deputy Sheriff who was assigned a voluntary overtime shift last (since they would have been below the others on the picklist). F.If a Deputy Sheriff is assigned a voluntary overtime shift and they no longer wish to work the shift, the Deputy Sheriff assigned the shift will be responsible to find someone to work the shift. G.A Deputy Sheriff working a voluntary overtime shift does not reset their mandatory patrol overtime pass. H.If a Deputy Sheriff is assigned a voluntary overtime shift, they will not be assigned a mandatory patrol overtime shift for another day in the same set of RDOs; however, if a Deputy Sheriff receives a mandatory patrol overtime shift and then receives a voluntary overtime shift afterwards in the same set of RDOs, the Deputy Sheriff will be responsible to work the shifts, use a mandatory patrol overtime pass on the mandatory patrol overtime shift, or find someone to work either of the shifts. I.Deputy Sheriffs in specialty unit or investigative assignment may not be assigned a voluntary patrol overtime shift if they require "Return to Patrol" training (as previously discussed above). (c)ADDITIONAL STAFFING AND OVERTIME TOPICS: (a)If a Deputy Sheriff is unable to work any assigned shift on short notice due to an on-the-job injury (OJI), Officer Involved Shooting (OIS), County Vehicle Accident (CVA) or any other unexpected incident, every effort should be made to notify the supervisor overseeing that shift as soon as possible. The affected supervisor will be responsible for backfilling the shift(s). (b)Deputy Sheriffs who are canceled from a scheduled voluntary or mandatory patrol overtime shift within twenty-four (24) hours of the beginning of the shift shall be compensated for 2.5 hours of overtime pay. (c)Deputy Sheriffs who are canceled from an assigned overtime shift in the hospital within two (2) hours of the beginning of the shift shall be compensated for 2.5 hours of overtime pay. (d)Preferred Staffing for patrol is as follows, unless otherwise agreed upon between the Patrol Bureau Captain and the Fresno Deputy Sheriff's Association: Fresno County Sheriff's Office Policy Manual Assigned, Mandatory & Voluntary Overtime Procedures - Unit 1 Copyright Lexipol, LLC 2019/06/10, All Rights Reserved. Published with permission by Fresno County Sheriff's Office Assigned, Mandatory & Voluntary Overtime Procedures - Unit 1 - 394 (a)*If a mandatory overtime shift is triggered, the K-9 Deputy Sheriff may be used to cancel the shift or the shift supervisor may drop down to 5 Deputy Sheriffs on a case by case basis only due to lack of staffing or to cancel a mandatory overtime shift; this includes moving a Deputy Sheriff from one area to cover another area. (b)WorkForce Telestaff will count K-9 Deputy Sheriffs as part of preferred staffing. Fresno County Sheriff's Office Policy Manual Policy Manual Copyright Lexipol, LLC 2019/06/10, All Rights Reserved. Published with permission by Fresno County Sheriff's Office Attachments - 395 Attachments Attachment Fresno County Sheriff's Office Policy Manual Policy Manual Copyright Lexipol, LLC 2019/06/10, All Rights Reserved. Published with permission by Fresno County Sheriff's Office Standing Order 19-01.pdf - 396 Standing Order 19-01.pdf Standing Order 19-01.pdf FRESNO COUNTY SHERIFF’S OFFICE STANDING ORDER 19-01 Page 1 of 2 To: Detective Bureau Personnel – Assigned to the Special Investigation Task Force (SITF) Order #: 19-01 Authority: Lexipol 201 Standing Order Subject: Special Investigation Task Force – Duty Weapons Effective: May 7, 2019 Expires: N/A This order supersedes Order #: N/A Previously Issued on: N/A Approved by: Captain J. Horton on Behalf of Sheriff Margaret Mims Purpose: The purpose of this order is to standardize the primary duty weapons for full- time undercover detectives in this task force and provide guidance in when which weapon shall be used versus an optional firearm. Order: SITF members work in an undercover (UC) unit and are recognized as the only full-time unit undercover shall:  Be allowed to carry either weapon as their Primary Duty Weapon: Smith and Wesson (SW) M&P .45 and/or1 their Office approved primary/”back-up” weapon [individually purchased by the Office member back-up/off-duty weapon] and holster system. o It is understood that the SW M&P .45 weapon system is their primary weapon system for planned events such as, search warrants, eradicating marijuana grows, buy/busts [when not with the UC with the CI – individual] or when directed to by a supervisor. o The Office recognizes the need for members to remain undercover at all times and the size of the weapon enhances their safety while maintaining an undercover position. o The member shall bring to the Sheriff’s Office Range Master their primary back-up weapon and/or holster for inspection and approval prior to deployment. o We will work with the individual member regarding an approved temporary firearm for their use should they become involved in an OIS where their weapon is taken as evidence during the normal scope and investigation of the OIS.  Qualify quarterly with Office purchased practice rounds as designated by the Sheriff’s Office Range Master with both weapons. o Nothing precludes them from using either weapon system more frequently during their monthly trainings as approved by their direct supervisor. o The qualification course is determined by the Training Unit.  Be equipped with Office purchased and approved duty rounds for both primary weapon systems. 1 Except when the Standing Order clarifies that no choice is available (i.e. planned events/directed by a supervisor). FRESNO COUNTY SHERIFF’S OFFICE STANDING ORDER 19-01 Page 2 of 2 o The duty ammo will be regulated by the range master as to frequency of change/review of ammunition. o The practice rounds and duty ammo will be provided by the Office.  Keep their SW M&P .45’s properly secured in their vehicle safe and ready to deploy during exigencies (i.e. officer back-up) and/or when changing out for a planned event at another approved location.  Use clearing barrels to clear any of their Office approved weapons [provided at the range, training/lab location, SITF location and headquarters evidence area]. Any recommendations for change to this procedure shall be directed to their immediate supervisor through the chain-of-command UNLESS it relates to a safety concern. The member may bring up their safety concern to the Sheriff’s Office Range Master as the most knowledgeable Office member regarding firearms. Attachment Fresno County Sheriff's Office Policy Manual Policy Manual Copyright Lexipol, LLC 2019/06/10, All Rights Reserved. Published with permission by Fresno County Sheriff's Office PSD-RM 201 -- Employee Hazard Report.pdf - 397 PSD-RM 201 -- Employee Hazard Report.pdf PSD-RM 201 -- Employee Hazard Report.pdf Attachment Fresno County Sheriff's Office Policy Manual Policy Manual Copyright Lexipol, LLC 2019/06/10, All Rights Reserved. Published with permission by Fresno County Sheriff's Office Time Card Computation Chart.pdf - 398 Time Card Computation Chart.pdf Time Card Computation Chart.pdf Attachment Fresno County Sheriff's Office Policy Manual Policy Manual Copyright Lexipol, LLC 2019/06/10, All Rights Reserved. Published with permission by Fresno County Sheriff's Office Lexipol 314 - Policy Acknowledgement.pdf - 399 Lexipol 314 - Policy Acknowledgement.pdf Lexipol 314 - Policy Acknowledgement.pdf Attachment Fresno County Sheriff's Office Policy Manual Policy Manual Copyright Lexipol, LLC 2019/06/10, All Rights Reserved. Published with permission by Fresno County Sheriff's Office Safety Inspection Report.pdf - 400 Safety Inspection Report.pdf Safety Inspection Report.pdf Attachment Fresno County Sheriff's Office Policy Manual Policy Manual Copyright Lexipol, LLC 2019/06/10, All Rights Reserved. Published with permission by Fresno County Sheriff's Office Standing Order 19-01 - SITF Firearms.pdf - 401 Standing Order 19-01 - SITF Firearms.pdf Standing Order 19-01 - SITF Firearms.pdf Attachment Fresno County Sheriff's Office Policy Manual Policy Manual Copyright Lexipol, LLC 2019/06/10, All Rights Reserved. Published with permission by Fresno County Sheriff's Office BCIA8371.pdf - 402 BCIA8371.pdf BCIA8371.pdf Fresno County Sheriff's Office Policy Manual Policy Manual Copyright Lexipol, LLC 2019/06/10, All Rights Reserved. Published with permission by Fresno County Sheriff's Office Index - 403 INDEX / TOPICS A ACCOUNTABILITY TO SUPERVISOR .. 21 ACKNOWLEDGEMENTS Policy manual............ 17 Policy revisions........... 17 ADMINISTRATIVE INVESTIGATION ... 62 ADMINISTRATIVE INVESTIGATIONS OIS ............ 62, 62, 62 OIS .............. 62, 62 Recorded media files......... 260 ADMINISTRATIVE LEAVE Firearms.............. 67 OIS................ 58 ADMINISTRATIVE ORDER ....... 28 ADULT ABUSE Investigations............ 301 AIRCRAFT Accidents............. 247 Ambulance............. 283 Flying while armed.......... 73 ALCOHOL Firearms.............. 71 ALCOHOL, INTOXICANTS ....... 140 AMMUNITION ............ 67 Gun violence restraining order surrenders. 205 ANIMALS Canines............... 92 Dangerous ........... 72, 72 Euthanize.............. 72 Injured............... 72 ANTI-REPRODUCTIVE RIGHTS CRIMES . 172 APPOINTMENTS Canine coordinator.......... 92 Chaplain coordinator......... 185 Communications supervisor...... 325 Coordinator - portable audio/video recorders 260 Forfeiture reviewer.......... 307 Petty cash fund manager....... 320 PIO................ 146 Reserve coordinator......... 153 ARREST OF PUBLIC SCHOOL TEACHER . 181 ARRESTS Authority.............. 11 Log................ 147 Seat belts............. 367 Sick or injured person........ 282 Use of force............. 38 ASSET FORFEITURE ......... 304 AUDIO/VIDEO RECORDING Body-worn cameras......... 257 Custodial interrogation........ 300 OIS................ 63 AUDITS Informant files........... 312 Informant funds........... 314 Petty cash............. 320 AUTHORITY ............. 10 Canine handler .......... 93, 94 Policy manual............ 15 AUTHORITY, ETHICS ......... 136 AUTOMATED LICENSE PLATE READERS (ALPR) ............... 270 AUXILIARY RESTRAINTS ....... 49 B BADGE ............... 379 BADGES, PATCHES AND IDENTIFICATION Firearms.............. 67 BARRICADED INCIDENTS ....... 230 BATON ................ 52 BIOLOGICAL SAMPLES Hazards ........... 248, 386 Missing persons........... 120 BODY ARMOR Suspects.............. 65 BODY ARMOR ............ 369 BODY-WORN CAMERAS ....... 257 BOMBS Aircraft accidents.......... 248 Canine detection........... 96 Chaplains............. 187 Explosive training aids........ 100 Portable audio/video recorders..... 258 C CANINES ............... 92 Pursuits.............. 265 CASH Audit............... 314 Informants............. 313 CASH HANDLING, SECURITY AND MANAGEMENT ........... 320 CHAPLAINS ............. 184 CHIEF EXECUTIVE .......... 13 CHILD ABUSE ............ 113 Fresno County Sheriff's Office Policy Manual Copyright Lexipol, LLC 2019/06/10, All Rights Reserved. Published with permission by Fresno County Sheriff's Office - 404 CHILDREN Firearms.............. 71 Transporting............ 368 CIVIL Liability response........... 63 Subpoenas............. 150 CIVIL DISPUTES ........... 276 CIVILIAN/NON-SWORN ........ 15 CODE-3 ............... 89 COMMAND PROTOCOL ........ 20 COMMAND STAFF Policy review............ 17 COMMUNICABLE DISEASE Health orders............ 213 COMMUNICABLE DISEASES First responders........... 281 Illness and injury prevention...... 382 COMMUNICATIONS CENTER Foot pursuits............ 268 Vehicle pursuits........... 83 COMPUTERS Digital evidence........... 302 CONDUCT OIS................ 57 Standards of conduct......... 138 CONFIDENTIALITY Chaplains............. 188 Communications center........ 330 Informants............. 310 Surreptitious recording........ 258 CONTROL DEVICES Training.............. 246 CONTROL DEVICES .......... 51 CONTROL DEVICES .......... 51 CORRESPONDENCE .......... 28 COURT APPEARANCES ........ 149 COURT ORDERS Canine controlled substance....... 99 Gun violence restraining order surrenders. 205 Juvenile informants......... 310 Subpoenas............. 149 Surreptitious recording........ 258 COURT ORDERS, CIVIL DISPUTES ... 277 CRIME SCENE AND DISASTER INTEGRITY ................... 212 CRISIS NEGOTIATION TEAM ..... 214 CRISIS RESPONSE UNIT ........ 214 CUSTODIAL INTERROGATIONS .... 300 D DAMAGE BY COUNTY PERSONNEL .. 143 DEATH Chaplains............. 187 Native American Graves (NAGPRA)... 206 DEATH INVESTIGATION ....... 158 DEATH NOTIFICATION ........ 159 DEBRIEFING OIS................ 63 Tactical............... 64 DEFECTIVE VEHICLES ........ 318 DEFINITIONS ............. 15 DEPARTMENT OWNED PROPERTY ... 316 DEPARTMENT PROPERTY Loss Or Damage........... 317 DISABLED Motorist.............. 296 DISASTER PLAN ........... 23 DISCIPLINE ............. 135 DISCLAIMER ............. 15 DISCRIMINATION, CONDUCT ..... 136 DOMESTIC VIOLENCE ........ 101 DRIVING, SAFETY SAFETY, CONDUCT FIREARMS, CONDUCT ........ 139 DUTY TO INTERCEDE ......... 37 E ELECTRONIC CIGARETTES ...... 366 ELECTRONIC MAIL .......... 26 EMERGENCY MANAGEMENT PLAN ... 23 EVALUATION ............ 355 EVIDENCE Digital............... 302 NAGPRA............. 206 Public Safety Video Surveillance.... 192 Seizing recordings.......... 263 EVIDENCE, BOMBS .......... 239 EXPLOSIONS ............ 238 EXPOSURE CONTROL Reviews.............. 382 EXPOSURE(S) ............ 228 F FIELD TRAINING OFFICER ...... 251 FIREARMS Gun violence restraining orders..... 203 Removal for vehicle maintenance.... 318 Retiree............... 30 FITNESS FOR DUTY OIS................ 58 FORCE ................ 45 Fresno County Sheriff's Office Policy Manual Copyright Lexipol, LLC 2019/06/10, All Rights Reserved. Published with permission by Fresno County Sheriff's Office - 405 FOREIGN DIPLOMATIC AND CONSULAR REPRESENTIVES ........... 240 FORMS Missing person medical release..... 120 Missing person school notification.... 120 Missing persons........... 120 G GANGS, EMPLOYEE AFFILIATION ... 136 GRIEVANCE PROCEDURE ....... 360 GRIEVANCES Supervisor authority.......... 15 GUN VIOLENCE RESTRAINING ORDERS 203 H HANDCUFFING ............ 48 HAZARDOUS MATERIAL ....... 228 HAZARDOUS MATERIAL (HAZMAT) RESPONSE Aircraft accidents.......... 248 HAZARDS .............. 384 HELICOPTER ASSISTANCE ...... 255 HOMELESS ............. 273 HOSTAGES ............. 230 I IDENTITY THEFT ........... 161 ILLNESS AND INJURY PREVENTION .. 382 INFORMANTS ............ 310 INSPECTIONS Illness and injury prevention ... 382, 385 Personal protective equipment..... 385 Vehicles.............. 385 INVESTIGATION AND PROSECUTION . 299 J JURISDICTION Aircraft accidents.......... 248 Authority.............. 11 OIS................ 56 JURISDICTIONS Vehicle pursuits........... 83 K KINETIC PROJECTILES ......... 53 L LAW ENFORCEMENT AUTHORITY ... 10 LEG IRONS .............. 49 LEG RESTRAINT ........... 47 LEG RESTRAINTS ........... 49 LIMITED ENGLISH PROFICIENCY Communications center........ 327 LIMITED ENGLISH PROFICIENCY ... 174 M MANUALS .............. 23 MEAL PERIODS AND BREAKS ..... 371 MEDIA Aircraft accidents.......... 249 OIS................ 64 MEDICAL Aircraft accidents.......... 247 Canine bites............. 95 For canines............. 98 Illness and injury prevention...... 382 Releases.............. 283 Treatment for occupational disease or work- related injury............ 375 MINIMUM STAFFING ......... 29 MISSING PERSONS .......... 120 MOBILE AUDIO/VIDEO (MAV) OIS................ 63 MUTUAL AID Interstate peace officer powers...... 11 N NATIVE AMERICAN GRAVES (NAGPRA) 206 NOTIFICATIONS Aircraft accidents.......... 248 Cash............... 321 NAGPRA............. 206 NUMERICAL FILING ......... 339 O OATH OF OFFICE ........... 14 OC SPRAY .............. 52 OCCUPATIONAL DISEASE AND WORK- RELATED INJURY REPORTING .... 375 Fresno County Sheriff's Office Policy Manual Copyright Lexipol, LLC 2019/06/10, All Rights Reserved. Published with permission by Fresno County Sheriff's Office - 406 OFFICER SAFETY Canine deployment.......... 93 Communications center ..... 327, 329 Crime scene and disaster integrity.... 212 Foot pursuits............ 265 Informants............. 311 LEOSA............... 30 Occupational hazards......... 384 OFFICER-INVOLVED SHOOTING (OIS) .. 56 OREGON Authority.............. 10 ORGANIZATIONAL STRUCTURE .... 19 ORGANIZATIONAL STRUCTURE AND RESPONSIBILITY ........... 19 OVERTIME Court............... 151 P PEPPER PROJECTILES ......... 52 PEPPER SPRAY ............ 52 PERSONAL PROPERTY ........ 316 Loss Or Damage........... 317 PERSONNEL COMPLAINTS Portable audio/video review...... 260 PHOTOGRAPHS Aircraft accidents.......... 249 PIO ................. 146 POLICY MANUAL ........... 15 PRESS INFORMATION OFFICER .... 146 PRIVACY EXPECTATIONS Audio/video recordings........ 257 PRIVATE PERSONS ARRESTS ..... 170 PROMOTIONAL PROCESS ....... 358 PROTECTED INFORMATION Communications center........ 330 PROTECTED INFORMATION, UNAUTHORIZED RELEASE BADGES, PATCHES AND IDENTIFICATION, CONDUCT CONFIDENTIALITY, CONDUCT .... 137 PUBLIC RECORDING OF LAW ENFORCEMENT ACTIVITY .............. 262 PUBLIC SAFETY VIDEO SURVEILLANCE 190 PURSUIT INTERVENTION ....... 84 PURSUIT UNITS ............ 79 PURSUITS Foot................ 265 R RAPID RESPONSE AND DEPLOYMENT . 244 RECORDS BUREAU Gun violence restraining orders..... 205 Suspicious activity reports....... 280 RECORDS RELEASE Audio/video recordings........ 261 Public safety video surveillance..... 192 RECORDS RETENTION Audio/video recordings........ 261 Illness and injury prevention...... 386 Oath of office............ 14 RELIGION NAGPRA............. 206 REPORT CORRECTIONS ........ 144 REPORT PREPARATION ........ 141 RESERVE DEPUTIES Firearms Requirements........ 155 RESERVE OFFICERS/DEPUTIES .... 152 RESPONSE TO CALLS ......... 89 RESTRAINTS ............. 47 REVIEWS Exposures............. 382 Illness and injury prevention...... 382 Policy manual............ 17 Portable audio/video......... 260 RIDE-ALONG Eligibility............. 225 ROLL CALL TRAINING ........ 211 S SAFETY Communications center........ 325 First responder........... 212 Inspections (occupations)....... 385 Media............... 146 Occupational............ 382 Shotguns.............. 65 SCHOOL EMPLOYEE REPORTING ... 181 SEARCHES Crime scene............ 213 Gun violence restraining orders..... 204 SEAT BELTS ............. 367 SMOKING AND TOBACCO USE .... 366 SPIT HOOD .............. 48 SPIT MASK .............. 48 STAFFING LEVELS .......... 29 STANDARDS OF CONDUCT ...... 134 STANDING ORDER .......... 22 SUBPOENAS ............. 149 SUBPOENAS AND COURT APPEARANCES 149 SUCCESSION OF COMMAND ...... 20 SUPERVISION DEPLOYMENTS ..... 29 Fresno County Sheriff's Office Policy Manual Copyright Lexipol, LLC 2019/06/10, All Rights Reserved. Published with permission by Fresno County Sheriff's Office - 407 SUSPICIOUS ACTIVITY REPORTING .. 279 T TEAR GAS .............. 52 TIME CARD ............. 374 TIME CARDS ............ 374 TRAINING ALPR............... 272 Canine............... 98 Chaplains............. 188 Discriminatory harassment....... 112 Dispatcher............. 330 Firearms.............. 71 Hazardous materials......... 386 Occupational safety......... 386 Public safety video surveillance..... 192 Rapid response and deployment..... 246 TRAINING SWAT............... 217 TRAINING PLAN ........... 24 TRAINING POLICY .......... 24 TRANSFER PROCESS ......... 358 TRANSPORT BELTS .......... 49 U UNIFORMS Chaplains............. 185 Courtroom attire........... 150 UNITY OF COMMAND ......... 21 USE OF FORCE ............ 37 V VEHICLE MAINTENANCE ....... 318 VEHICLE PURSUITS .......... 76 VEHICLES Impound hearings.......... 293 VICTIM AND WITNESS ASSISTANCE .. 131 W WARNINGS Canine............... 94 Shots................ 73 WASHING OF VEHICLES ....... 319 WATCH COMMANDERS ........ 256