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RELEASE_20201230_T131735_Fresno_County_Sheriff_s_Office_Policy_Manual.pdf Fresno County Sheriff's Office
Policy Manual
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.
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Fresno County Sheriff's Office
Policy Manual
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.
Copyright Lexipol,LLC 2020/12/30,All Rights Reserved. Law Enforcement Code of Ethics-2
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Policy Manual
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.
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Policy Manual
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
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Policy Manual
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 . . . . . . . . . . . . 10
100 - Law Enforcement Authority . . . . . . . . . . . . . . . . . 11
101 - Chief Executive Officer . . . . . . . . . . . . . . . . . . . 14
102 - Oath of Office . . . . . . . . . . . . . . . . . . . . . 15
103 - Policy Manual . . . . . . . . . . . . . . . . . . . . . 16
Chapter 2 - Organization and Administration . . . . . . . . . . . . . 19
200 - Organizational Structure and Responsibility . . . . . . . . . . . . 20
201 - Standing Order . . . . . . . . . . . . . . . . . . . . . 23
202 - Emergency Management Plan . . . . . . . . . . . . . . . . 24
203 - Training Policy . . . . . . . . . . . . . . . . . . . . . 25
204 - Electronic Mail . . . . . . . . . . . . . . . . . . . . . 27
205 - Administrative Communications . . . . . . . . . . . . . . . . 29
206 - Patrol Staffing Levels . . . . . . . . . . . . . . . . . . . 30
207 - License to Carry a Firearm . . . . . . . . . . . . . . . . . 31
208 - Retiree Concealed Firearms . . . . . . . . . . . . . . . . . 39
209 - Issued Standing Orders . . . . . . . . . . . . . . . . . . 44
Chapter 3 - General Operations . . . . . . . . . . . . . . . . . . 45
300 - Use of Force . . . . . . . . . . . . . . . . . . . . . . 46
301 - Use of Force Review Boards . . . . . . . . . . . . . . . . . 56
302 - Handcuffing and Restraints . . . . . . . . . . . . . . . . . 58
303 - Control Devices and Techniques . . . . . . . . . . . . . . . 62
304 - Conducted Energy Device . . . . . . . . . . . . . . . . . . 67
305 - Officer-Involved Shootings and Deaths . . . . . . . . . . . . . . 73
306 - Firearms . . . . . . . . . . . . . . . . . . . . . . . 82
307 - Vehicle Pursuits . . . . . . . . . . . . . . . . . . . . . 93
308 - Deputy Response to Calls . . . . . . . . . . . . . . . . . 106
309 - Canines . . . . . . . . . . . . . . . . . . . . . . . 109
310 - Domestic Violence . . . . . . . . . . . . . . . . . . . . 118
311 - Search and Seizure . . . . . . . . . . . . . . . . . . . 125
312 - Temporary Custody of Juveniles . . . . . . . . . . . . . . . 127
313 - Elder and Dependent Adult Abuse . . . . . . . . . . . . . . . 138
314 - Discriminatory Harassment . . . . . . . . . . . . . . . . . 148
315 - Child Abuse . . . . . . . . . . . . . . . . . . . . . . 154
316 - Missing Persons . . . . . . . . . . . . . . . . . . . . 161
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Policy Manual
317 - Public Alerts . . . . . . . . . . . . . . . . . . . . . . 167
318 - Victim and Witness Assistance . . . . . . . . . . . . . . . . 172
319 - Hate Crimes . . . . . . . . . . . . . . . . . . . . . . 175
320 - Standards of Conduct . . . . . . . . . . . . . . . . . . . 188
321 - Information Technology Use . . . . . . . . . . . . . . . . . 195
322 - Use of Social Media on Behalf of the Office . . . . . . . . . . . . 199
323 - Report Preparation . . . . . . . . . . . . . . . . . . . 202
324 - News Media Relations . . . . . . . . . . . . . . . . . . 208
325 - Subpoenas and Court Appearances . . . . . . . . . . . . . . 211
326 - Reserve Deputies . . . . . . . . . . . . . . . . . . . . 214
327 - Outside Agency Assistance . . . . . . . . . . . . . . . . . 218
328 - Registered Offender Information . . . . . . . . . . . . . . . 219
329 - Major Incident Notification . . . . . . . . . . . . . . . . . 222
330 - Death Investigation . . . . . . . . . . . . . . . . . . . 224
331 - Identity Theft . . . . . . . . . . . . . . . . . . . . . 227
332 - Communications with Persons with Disabilities . . . . . . . . . . . 228
333 - Private Person's Arrests . . . . . . . . . . . . . . . . . . 236
334 - Anti-Reproductive Rights Crimes Reporting . . . . . . . . . . . . 238
335 - Limited English Proficiency Services . . . . . . . . . . . . . . 240
336 - Mandatory Employer Notification . . . . . . . . . . . . . . . 247
337 - Biological Samples . . . . . . . . . . . . . . . . . . . 249
338 - Chaplains . . . . . . . . . . . . . . . . . . . . . . 250
339 - Public Safety Video Surveillance System . . . . . . . . . . . . 256
340 - Child and Dependent Adult Safety . . . . . . . . . . . . . . . 260
341 - Service Animals . . . . . . . . . . . . . . . . . . . . 264
342 - Volunteer Program . . . . . . . . . . . . . . . . . . . . 267
343 - Off-Duty Law Enforcement Actions . . . . . . . . . . . . . . 272
344 - Gun Violence Restraining Orders . . . . . . . . . . . . . . . 274
345 - Native American Graves Protection and Repatriation . . . . . . . . . 279
Chapter 4 - Patrol Operations . . . . . . . . . . . . . . . . . . 281
400 - Patrol Function . . . . . . . . . . . . . . . . . . . . . 282
401 - Bias-Based Policing . . . . . . . . . . . . . . . . . . . 284
402 - Patrol Briefing Training . . . . . . . . . . . . . . . . . . 287
403 - Crime and Disaster Scene Integrity . . . . . . . . . . . . . . 288
404 - Special Weapons and Tactics (SWAT) Unit . . . . . . . . . . . . 290
405 - Ride-Along Policy . . . . . . . . . . . . . . . . . . . . 301
406 - Hazardous Material Response . . . . . . . . . . . . . . . . 304
407 - Hostage and Barricade Incidents . . . . . . . . . . . . . . . 306
408 - Response to Bomb Calls . . . . . . . . . . . . . . . . . . 311
409 - Crisis Intervention Incidents . . . . . . . . . . . . . . . . . 316
410 - Mental Illness Commitments . . . . . . . . . . . . . . . . 321
411 - Cite and Release Policy . . . . . . . . . . . . . . . . . . 326
412 - Foreign Diplomatic and Consular Representatives . . . . . . . . . . 330
413 - Rapid Response and Deployment . . . . . . . . . . . . . . . 334
414 - Immigration Information . . . . . . . . . . . . . . . . . . 337
415 - Emergency Utility Service . . . . . . . . . . . . . . . . . 339
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416 - Aircraft Accidents . . . . . . . . . . . . . . . . . . . . 340
417 - Field Training Officer Program . . . . . . . . . . . . . . . . 344
418 - Obtaining Air Support . . . . . . . . . . . . . . . . . . . 348
419 - Contacts and Temporary Detentions . . . . . . . . . . . . . . 349
420 - Criminal Organizations . . . . . . . . . . . . . . . . . . 353
421 - Patrol Watch Commanders . . . . . . . . . . . . . . . . . 357
422 - Mobile Data Terminal Use . . . . . . . . . . . . . . . . . 358
423 - Portable Audio/Video Recorders . . . . . . . . . . . . . . . 361
424 - Public Recording of Law Enforcement Activity . . . . . . . . . . . 366
425 - Medical Marijuana . . . . . . . . . . . . . . . . . . . . 369
426 - Bicycle Patrol . . . . . . . . . . . . . . . . . . . . . 374
427 - Foot Pursuits . . . . . . . . . . . . . . . . . . . . . 377
428 - Automated License Plate Readers (ALPRs) . . . . . . . . . . . . 382
429 - Homeless Persons . . . . . . . . . . . . . . . . . . . . 385
430 - Response to Crowd Situations . . . . . . . . . . . . . . . . 388
431 - Civil Disputes . . . . . . . . . . . . . . . . . . . . . 394
432 - Suspicious Activity Reporting . . . . . . . . . . . . . . . . 397
433 - Medical Aid and Response . . . . . . . . . . . . . . . . . 399
434 - Peer Support and Assistance Program . . . . . . . . . . . . . 405
Chapter 5 - Traffic Operations . . . . . . . . . . . . . . . . . . 410
500 - Traffic Function and Responsibility . . . . . . . . . . . . . . 411
501 - Traffic Collision Reporting . . . . . . . . . . . . . . . . . 413
502 - Vehicle Towing and Release . . . . . . . . . . . . . . . . 415
503 - Vehicle Impound Hearings . . . . . . . . . . . . . . . . . 419
504 - Traffic Citations . . . . . . . . . . . . . . . . . . . . . 421
505 - Disabled Vehicles . . . . . . . . . . . . . . . . . . . . 423
506 - 72-Hour Parking Violations . . . . . . . . . . . . . . . . . 424
Chapter 6 - Investigation Operations . . . . . . . . . . . . . . . . 425
600 - Investigation and Prosecution . . . . . . . . . . . . . . . . 426
601 - Sexual Assault Investigations . . . . . . . . . . . . . . . . 431
602 - Asset Forfeiture . . . . . . . . . . . . . . . . . . . . 437
603 - Informants . . . . . . . . . . . . . . . . . . . . . . 443
604 - Eyewitness Identification . . . . . . . . . . . . . . . . . . 448
605 - Brady Material Disclosure . . . . . . . . . . . . . . . . . 452
606 - Unmanned Aerial System (UAS) Operations . . . . . . . . . . . 454
607 - Warrant Service . . . . . . . . . . . . . . . . . . . . 457
608 - Operations Planning and Deconfliction . . . . . . . . . . . . . 461
Chapter 7 - Equipment . . . . . . . . . . . . . . . . . . . . 466
700 - Office Owned and Personal Property . . . . . . . . . . . . . . 467
702 - Vehicle Maintenance . . . . . . . . . . . . . . . . . . . 469
703 - Vehicle Use . . . . . . . . . . . . . . . . . . . . . . 471
704 - Cash Handling, Security and Management . . . . . . . . . . . . 478
705 - Personal Protective Equipment . . . . . . . . . . . . . . . . 480
706 - Rifle Optics . . . . . . . . . . . . . . . . . . . . . . 485
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Policy Manual
Chapter 8 - Support Services . . . . . . . . . . . . . . . . . . 487
800 - Crime Analysis . . . . . . . . . . . . . . . . . . . . . 488
801 - Communication Operations . . . . . . . . . . . . . . . . . 489
802 - Property and Evidence . . . . . . . . . . . . . . . . . . 495
803 - Records Unit . 503
804 - Restoration of Firearm Serial Numbers . . . . . . . . . . . . . 505
805 - Records Maintenance and Release . . . . . . . . . . . . . . 507
806 - Protected Information . . . . . . . . . . . . . . . . . . . 516
807 - Computers and Digital Evidence . . . . . . . . . . . . . . . 520
808 - Animal Control . . . . . . . . . . . . . . . . . . . . . 523
Chapter 10 - Personnel . . . . . . . . . . . . . . . . . . . . 526
1000 - Recruitment and Selection . . . . . . . . . . . . . . . . . 527
1001 - Evaluation of Employees . . . . . . . . . . . . . . . . . 532
1002 - Special Assignments and Promotions . . . . . . . . . . . . . 535
1003 - Grievance Procedure . . . . . . . . . . . . . . . . . . 537
1004 - Anti-Retaliation . . . . . . . . . . . . . . . . . . . . 539
1005 - Reporting of Employee Convictions . . . . . . . . . . . . . . 543
1007 - Sick Leave . . . . . . . . . . . . . . . . . . . . . . 545
1009 - Smoking and Tobacco Use . . . . . . . . . . . . . . . . 547
1010 - Personnel Complaints . . . . . . . . . . . . . . . . . . 548
1011 - Seat Belts . . . . . . . . . . . . . . . . . . . . . . 558
1012 - Body Armor . . . . . . . . . . . . . . . . . . . . . 560
1014 - Employee Commendations and Awards . . . . . . . . . . . . 562
1015 - Fitness for Duty . . . . . . . . . . . . . . . . . . . . 567
1016 - Meal Periods and Breaks . . . . . . . . . . . . . . . . . 570
1017 - Lactation Break Policy . . . . . . . . . . . . . . . . . . 571
1018 - Payroll Records . . . . . . . . . . . . . . . . . . . . 573
1019 - Overtime Compensation Requests . . . . . . . . . . . . . . 574
1020 - Outside Employment . . . . . . . . . . . . . . . . . . 575
1021 - Occupational Disease and Work-Related Injury Reporting . . . . . . . 578
1023 - Uniform Regulations . . . . . . . . . . . . . . . . . . . 580
1025 - Nepotism and Conflicting Relationships . . . . . . . . . . . . . 624
1026 - Office Badges . . . . . . . . . . . . . . . . . . . . . 626
1028 - Member Speech, Expression and Social Networking . . . . . . . . 628
1029 - Illness and Injury Prevention . . . . . . . . . . . . . . . . 629
1030 -Assigned, Mandatory & Voluntary Overtime Procedures - Unit 1 . . . . . 634
Attachments . . . . . . . . . . . . . . . . . . . . . . . . 642
Standing Order 19-01 - SITF Firearms.pdf . . . . . . . . . . . . . . 643
Time Card Computation Chart.pdf . . . . . . . . . . . . . . . . . 646
Exposure BBPE Flow Chart - Revised 2.6.19.pdf . . . . . . . . . . . . 647
Lexipol 314 - Policy Acknowledgement.pdf . . . . . . . . . . . . . . 648
Assignment Preference Resume.pdf . . . . . . . . . . . . . . . . 649
image2821.pdf . . . . . . . . . . . . . . . . . . . . . . . 650
Standing Order 19-01.pdf . . . . . . . . . . . . . . . . . . . . 651
CITATIONS C-220.pdf . . . . . . . . . . . . . . . . . . . . . 652
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Communicable Disease Exposure Report rev 1.16.18.pdf . . . . . . . . . 653
PSD-RM 201 -- Employee Hazard Report.pdf . . . . . . . . . . . . . 654
Safety Inspection Report.pdf . . . . . . . . . . . . . . . . . . . 655
BCIA8371.pdf . . . . . . . . . . . . . . . . . . . . . . . 656
AG-Rapid-Response-Team-Protocol.pdf . . . . . . . . . . . . . . . 657
Statutes and Legal Requirements.pdf . . . . . . . . . . . . . . . . 658
Hate Crime Checklist.pdf . . . . . . . . . . . . . . . . . . . . 659
Commission on Peace Officer Standards and Training Hate Crimes Model Policy 2019.pdf
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 660
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Chapter 1 - Law Enforcement Role and Authority
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Policy Fresno County Sheriff's Office
100
Policy Manual
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 Sheriffs
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 DELIVERY TO NEAREST MAGISTRATE
When a deputy makes an arrest pursuant to a warrant with bail set, and the warrant was issued in
a county other than where the person was arrested, the deputy shall inform the person in writing
of the right to be taken before a magistrate in the county where the arrest occurred (Penal Code
§ 821; Penal Code § 822).
100.2.2 ARREST AUTHORITY OUTSIDE THE JURISDICTION OF THE FRESNO COUNTY
SHERIFF'S OFFICE
The arrest authority outside the jurisdiction of the Fresno County Sheriffs Office includes (Penal
Code § 830.1; Penal Code § 836):
(a) When the deputy has probable cause to believe the person committed a felony.
(b) When the deputy has probable cause to believe the person has committed a
misdemeanor in the presence of the deputy and the deputy reasonably believes there
is immediate danger to person or property or of escape.
(c) When the deputy has probable cause to believe the person has committed a
misdemeanor for which an arrest is authorized even if not committed in the presence of
the deputy such as certain domestic violence offenses and there is immediate danger
to person or property or of escape or the arrest is mandated by statute.
(d) When authorized by a cross jurisdictional agreement with the jurisdiction in which the
arrest is made.
(e) In compliance with an arrest warrant.
On-duty arrests will not generally be made outside the jurisdiction of this office except in cases of
hot or fresh pursuit, while following up on crimes committed within 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.
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Law Enforcement Authority
100.2.3 ARREST AUTHORITY INSIDE THE JURISDICTION OF THE FRESNO COUNTY
SHERIFF'S OFFICE
The arrest authority within the jurisdiction of the Fresno County Sheriffs Office includes (Penal
Code § 830.1; Penal Code § 836):
(a) When the deputy has probable cause to believe the person has committed a felony,
whether or not committed in the presence of the deputy.
(b) When the deputy has probable cause to believe the person has committed a
misdemeanor in this jurisdiction and in the presence of the deputy.
(c) When the deputy has probable cause to believe the person has committed a
public offense outside this jurisdiction, in the presence of the deputy and the
deputy reasonably believes there is an immediate danger to person or property, or
of escape.
(d) When the deputy has probable cause to believe the person has committed a
misdemeanor for which an arrest is authorized or required by statute even though
the offense has not been committed in the presence of the deputy such as certain
domestic violence offenses.
(e) In compliance with an arrest warrant.
100.2.4 TIME OF MISDEMEANOR ARRESTS
Deputies shall not arrest a person for a misdemeanor between the hours of 10:00 p.m. of any day
and 6:00 a.m. of the next day unless (Penal Code § 840):
(a) The arrest is made without a warrant pursuant to Penal Code § 836 which includes:
1. A misdemeanor committed in the presence of the deputy.
2. Misdemeanor domestic violence offenses (See the Domestic Violence Policy).
(b) The arrest is made in a public place.
(c) The arrest is made with the person in custody pursuant to another lawful arrest.
(d) The arrest is made pursuant to a warrant which, for good cause shown, directs that it
may be served at any time of the day or night.
100.2.5 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.
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Law Enforcement Authority
(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 a 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.
100.3 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).
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' Policy Manual
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).
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' Policy Manual
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).
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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).
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Policy Manual
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 Sheriffs 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.
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Policy Manual
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.
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Policy Manual
Chapter 2 - Organization and Administration
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Policy Fresno County Sheriff's Office
200
Policy Manual
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.
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Organizational Structure and Responsibility
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
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Organizational Structure and Responsibility
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.
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Policy Fresno County Sheriff's Office
' Policy Manual
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.
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' Policy Manual
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.
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' Policy Manual
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.
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Training Policy
(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.
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' Policy Manual
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.
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Policy Manual
Electronic Mail
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.
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' Policy Manual
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.
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' • Policy Manual
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.
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' Policy Manual
License to Carry a Firearm
207.1 PURPOSE AND SCOPE
The Sheriff is given the statutory discretion to issue a license to carry a firearm to residents within
the community (Penal Code § 26150; Penal Code § 26155). This policy will provide a written
process for the application and issuance of such licenses. Pursuant to Penal Code § 26160, this
policy shall be made accessible to the public.
207.1.1 APPLICATION OF POLICY
Nothing in this policy shall preclude the Chief or other head of a municipal police department
from entering into an agreement with the Sheriff of the county or preclude the Sheriff of the
county from entering into an agreement with the Chief of any municipal police department to
process all applications and license renewals for the carrying of concealed weapons (Penal Code
§ 26150; Penal Code § 26155).
207.2 POLICY
The Fresno County Sheriff's Office will fairly and impartially consider all applications to carry
firearms in accordance with applicable law and this policy.
207.3 QUALIFIED APPLICANTS
In order to qualify for a license to carry a firearm, the applicant must meet certain requirements,
including:
(a) Be a resident of the County of Fresno (Penal Code § 26150; Penal Code § 26155).
(b) Be at least 21 years of age (Penal Code § 29610).
(c) Fully complete an application that will include substantial personal information. Much
of the information in the application may be subject to public access under the Public
Records Act.
(d) Be free from criminal convictions that would disqualify the applicant from carrying a
firearm. Fingerprints will be required and a complete criminal background check will
be conducted.
(e) Be of good moral character (Penal Code § 26150; Penal Code § 26155).
(f) Show good cause for the issuance of the license (Penal Code § 26150; Penal Code
§ 26155).
(g) Pay all associated application fees. These fees are set by statute and may not be
refunded if the application is denied.
(h) Provide proof of ownership or registration of any firearm to be licensed.
(i) Be free from any psychological and/or physical conditions that might make the
applicant unsuitable for carrying a firearm (Penal Code § 26190).
Q) Complete required training (Penal Code § 26165).
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License to Carry a Firearm
207.4 APPLICATION PROCESS
The application process for a license to carry a firearm shall consist of two phases. Upon the
successful completion of each phase,the applicant will advance to the next phase until the process
is completed and the license is either issued or denied.
207.4.1 PHASE ONE (TO BE COMPLETED BY ALL APPLICANTS)
(a) Any individual applying for a license to carry a firearm shall first fully complete a
California Department of Justice (DOJ) application to be signed under penalty of
perjury. Any applicant who provides false information or statements on the application
will be removed from further consideration and may be prosecuted for a criminal
offense (Penal Code § 26180).
1. In the event of any discrepancies in the application or background investigation,
the applicant may be required to undergo a polygraph examination, at no cost
to the applicant.
2. If an incomplete application package is received, the Sheriff or authorized
designee may do any of the following:
(a) Require the applicant to complete the package before any further
processing.
(b) Advance the incomplete package to phase two for conditional processing
pending completion of all mandatory conditions.
(c) Issue a denial if the materials submitted at the time demonstrate that
the applicant would not qualify for a license to carry a firearm even if
the package was completed (e.g., not a resident, disqualifying criminal
conviction, absence of good cause).
(b) At the time the completed application is submitted, the applicant shall submit a check
made payable to the California Department of Justice for the required California DOJ
application fee, along with a separate check made payable to the County of Fresno
for a nonrefundable 20 percent of the application fee to cover the cost of processing
the application (Penal Code § 26190).
1. Additional fees may be required for fingerprinting, training or psychological
testing, in addition to the application fee.
2. Full payment of the remainder of the application fee will be required upon
issuance of a license.
3. Payment of related fees may be waived if the applicant is a duly appointed
reserve peace officer as defined in Penal Code § 830.6 (a) or (b) (Penal Code
§ 26170).
(c) The applicant shall be required to submit to fingerprinting and a complete criminal
background check by the California DOJ.A second set of fingerprints may be required
for retention in office files. No person determined to fall within a prohibited class
described in Penal Code§29800, Penal Code§29900,Welfare and Institutions Code
§ 8100 or Welfare and Institutions Code § 8103 will be issued a license to carry a
firearm.A license shall not be issued if the California DOJ determines that the applicant
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is prohibited by state or federal law from possessing, receiving, owning or purchasing
a firearm (Penal Code § 26195).
(d) The applicant shall submit proof of ownership or registration of each firearm to be
licensed.
Once the Sheriff or authorized designee has reviewed the completed application package and
relevant background information, the application will either be advanced to phase two and an
interview will be scheduled or the application is denied.
In the event that an application is denied at the conclusion of, or during, phase one, the applicant
shall be notified in writing within 90 days of the initial application or within 30 days after receipt
of the applicant's criminal background check from the California DOJ, whichever is later. If the
license is denied,the notice shall state which requirement was not satisfied (Penal Code§26205).
207.4.2 PHASE TWO
This phase is to be completed only by those applicants successfully completing phase one.
(a) Upon successful completion of phase one, the applicant shall be scheduled for a
personal interview with the Sheriff or authorized designee. During this stage, there
will be further discussion of the applicant's statement of good cause and any potential
restrictions or conditions that might be placed on the license.
1. The determination of good cause should consider the totality of circumstances
in each individual case.
2. Any denial for lack of good cause should be rational, articulable and not arbitrary
in nature.
3. The Office will provide written notice to the applicant as to the determination of
good cause (Penal Code § 26202).
(b) The Sheriff may, based upon criteria established by the Sheriff, require that the
applicant be referred to an authorized psychologist used by the Office for psychological
testing. The cost of such psychological testing (not to exceed $150) shall be paid
by the applicant. The purpose of any such psychological testing is intended only to
identify any outward indications or history of psychological problems that might render
the applicant unfit to carry a firearm. This testing is not intended to certify in any other
respect that the applicant is psychologically fit. If it is determined that the applicant is
not a suitable candidate for carrying a firearm, the applicant shall be removed from
further consideration (Penal Code § 26190).
(c) The applicant shall complete a course of training approved by the agency, which
complies with Penal Code§26165. The applicant will not be required to complete and
pay for any training courses prior to any determination of good cause (Penal Code §
26165; Penal Code § 26202).
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(d) The applicant shall submit any firearm to be considered for a license to the
Rangemaster or other office authorized gunsmith, at no cost to the applicant, for a
full safety inspection. The Sheriff reserves the right to deny a license for any firearm
that has been altered from the manufacturer's specifications or that is unsafe (Penal
Code § 31910).
(e) The applicant shall successfully complete a firearms safety and proficiency
examination with the firearm to be licensed, to be administered by the
office Rangemaster, or provide proof of successful completion of another office
approved firearms safety and proficiency examination, including completion of all
releases and other forms. The cost of any outside inspection/examination shall be the
responsibility of the applicant.
Once the Sheriff or authorized designee has verified the successful completion of phase two, the
license to carry a firearm will either be granted or denied.
Whether an application is approved or denied at the conclusion of or during phase two, the
applicant shall be notified in writing within 90 days of the initial application or within 30 days after
receipt of the applicant's criminal background check from the California DOJ, whichever is later.
If the license is denied, the notice shall state which requirement was not satisfied (Penal Code
§ 26205).
207.5 LIMITED BUSINESS LICENSE TO CARRY A CONCEALED FIREARM
The authority to issue a limited business license to carry a concealed firearm to a non-resident
applicant is granted only to the Sheriff of the county in which the applicant works. A chief of a
municipal police department may not issue limited licenses (Penal Code § 26150). Therefore,
such applicants may be referred to the Sheriff for processing.
An individual who is not a resident of the county but who otherwise successfully completes all
portions of phases one and two above, may apply for and be issued a limited license subject to
approval by the Sheriff and subject to the following:
(a) The applicant physically spends a substantial period of working hours in the applicant's
principal place of employment or business within the County of Fresno (Penal Code
§ 26150).
(b) Such a license will be valid for a period not to exceed 90 days from the date of issuance
(Penal Code § 26220).
(c) The applicant shall provide a copy of the license to the licensing authority of the city
or county in which the applicant resides (Penal Code § 26220).
(d) Any application for renewal or reissuance of such a license may be granted only upon
concurrence of the original issuing authority and the licensing authority of the city or
county in which the applicant resides (Penal Code § 26220).
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207.6 ISSUED FIREARMS PERMITS
In the event a license to carry a firearm is issued by the Sheriff, the following shall apply:
(a) The license will be subject to any and all reasonable restrictions or conditions the
Sheriff has deemed warranted, including restrictions as to the time, place, manner and
circumstances under which the person may carry the firearm.
1. All such restrictions or conditions shall be conspicuously noted on any license
issued (Penal Code § 26200).
2. The licensee will be required to sign a Restrictions and Conditions Agreement.
Any violation of any of the restrictions and conditions may result in the immediate
revocation of the license.
(b) The license shall be laminated, bearing a photograph of the licensee with the expiration
date, type of firearm, restrictions and other pertinent information clearly visible.
1. Each license shall be numbered and clearly identify the licensee.
2. All licenses shall be subjected to inspection by the Sheriff or any law enforcement
officer.
(c) The license will be valid for a period not to exceed two years from the date of issuance
(Penal Code § 26220).
1. A license issued to a state or federal magistrate, commissioner or judge will be
valid for a period not to exceed three years.
2. A license issued to any reserve peace officer as defined in Penal Code §
830.6(a) or (b), or a custodial officer employed by the Sheriff as provided in
Penal Code § 831.5 will be valid for a period not to exceed four years, except
that such license shall be invalid upon the individual's conclusion of service as
a reserve officer.
(d) If the licensee's place of residence was the basis for issuance of a license and the
licensee moves out of the county of issuance, the license shall expire 90 days after
the licensee has moved (Penal Code § 26210).
(e) The licensee shall notify this office in writing within 10 days of any change of place
of residency.
207.6.1 LICENSE RESTRICTIONS
(a) The Sheriff may place special restrictions limiting time, place, manner and
circumstances under which any license shall be valid. In general, these restrictions
will prohibit the licensee from:
1. Consuming any alcoholic beverage while armed.
2. Falsely representing him/herself as a peace officer.
3. Unjustified or unreasonable displaying of a firearm.
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4. Committing any crime.
5. Being under the influence of any medication or drug while armed.
6. Interfering with any law enforcement officer's duties.
7. Refusing to display his/her license or firearm for inspection upon demand of any
peace officer.
8. Loading the permitted firearm with illegal ammunition.
(b) The Sheriff reserves the right to inspect any license or licensed firearm at any time.
(c) The alteration of any previously approved firearm including, but not limited to adjusting
the trigger pull, adding laser sights or modifications shall void any license and serve
as grounds for revocation.
207.6.2 AMENDMENTS TO LICENSES
Any licensee may apply to amend a license at any time during the period of validity by completing
and submitting a written Application for License Amendment along with the current processing fee
to the Office in order to (Penal Code § 26215):
(a) Add or delete authority to carry a firearm listed on the license.
(b) Change restrictions or conditions previously placed on the license.
(c) Change the address or other personal information of the licensee (Penal Code §
26210).
In the event that any amendment to a valid license is approved by the Sheriff, a new license will
be issued reflecting the amendment. An amendment to any license will not serve to extend the
original expiration date and an application for an amendment will not constitute an application for
renewal of the license.
207.6.3 REVOCATION OF LICENSES
Any license issued pursuant to this policy may be immediately revoked by the Sheriff for any of
the following reasons:
(a) The licensee has violated any of the restrictions or conditions placed upon the license.
(b) The licensee becomes psychologically unsuitable to carry a firearm.
(c) The licensee is determined to be within a prohibited class described in Penal Code
§ 29800, Penal Code § 29900, Welfare and Institutions Code § 8100, Welfare and
Institutions Code § 8103 or any state or federal law.
(d) The licensee engages in any conduct which involves a lack of good moral character or
that might otherwise remove the good cause for the original issuance of the license.
(e) If the license is one to carry "loaded and exposed," the license shall be revoked
immediately upon a change of the licensee's place of residence to another county
(Penal Code § 26210).
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The issuance of a license by the Sheriff shall not entitle the holder to either a property or liberty
interest as the issuance, amendment or revocation of such license remains exclusively within the
discretion of the Sheriff as set forth herein.
If any license is revoked, the Office will immediately notify the licensee in writing and the California
DOJ (Penal Code § 26225).
207.6.4 LICENSE RENEWAL
No later than 90 days prior to the expiration of any valid license to carry a firearm, the licensee
may apply to the Sheriff for a renewal by:
(a) Verifying all information submitted in the original application under penalty of perjury.
(b) Completing a office-approved training course pursuant to Penal Code § 26165. The
applicant shall not be required to pay for a training course prior to the determination
of good cause (Penal Code § 26165).
(c) Submitting any firearm to be considered for a license renewal to the Rangemaster for
a full safety inspection. The Sheriff reserves the right to deny a license for any firearm
that has been altered from the manufacturer's specifications or that is unsafe (Penal
Code § 31910).
(d) Paying a non-refundable renewal application fee.
Once the Sheriff or authorized designee has verified the successful completion of the renewal
process,the renewal of the license to carry a firearm will either be granted or denied. Prior issuance
of a license shall not entitle any licensee to any property or liberty right to renewal.
Whether an application for renewal is approved or denied, the applicant shall be notified in writing,
by phone or via email within 90 days of the renewal application or within 30 days after receipt
of the applicant's criminal background check from the California DOJ, whichever is later (Penal
Code § 26205).
207.7 OFFICE REPORTING AND RECORDS
Pursuant to Penal Code § 26225, the Sheriff shall maintain a record of the following and
immediately provide copies of each to the California DOJ:
(a) The denial of a license
(b) The denial of an amendment to a license
(c) The issuance of a license
(d) The amendment of a license
(e) The revocation of a license
The Sheriff shall annually submit to the State Attorney General the total number of licenses to
carry firearms issued to reserve peace officers and judges.
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207.8 CONFIDENTIAL RECORDS
The home address and telephone numbers of any peace officer, public defender, prosecutor,
magistrate, court commissioner or judge contained in an application shall not be considered public
record (Government Code § 6254(u)(2)).
Any information in an application for a license to carry a firearm that indicates when or where the
applicant is vulnerable to attack or that concerns the applicant's medical or psychological history
or that of his/her family shall not be considered public record (Government Code § 6254(u)(1)).
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PolicyFresno County Sheriff's Office
208 Policy Manual
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 peace officers 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
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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 Sheriffs 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):
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(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 PEACE OFFICER RESPONSIBILITIES
A former peace officer with a card issued under this policy shall immediately notify the Watch
Commander of his/her arrest or conviction in any jurisdiction, or that he/she is the subject of a
court order, in accordance with the Reporting of Employee Convictions policy.
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.
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208.7 DENIAL, SUSPENSION, OR REVOCATION OF A CALIFORNIA CCW
ENDORSEMENT CARD
A CCW endorsement 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
(Penal Code § 25470).
(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.
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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. Written
evidence of the qualification and the weapons used will be provided and will contain the date of
the qualification. The Rangemaster will maintain a record of the qualifications and weapons used.
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Policy Fresno County Sheriff's Office
' Policy Manual
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.
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Chapter 3 - General Operations
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PolicyFresno County Sheriff's Office
300
Policy Manual
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 (Government Code § 7286).
In addition to those methods, techniques, and tools set forth below, the guidelines for the
reasonable application of force contained in this policy shall apply to all policies addressing
the potential use of force, including but not limited to the Control Devices and Techniques and
Conducted Energy Device policies.
300.1.1 DEFINITIONS
Definitions related to this policy include:
Deadly force -Any use of force that creates a substantial risk of causing death or serious bodily
injury, including but not limited to the discharge of a firearm (Penal Code § 835a).
Feasible - Reasonably capable of being done or carried out under the circumstances to
successfully achieve the arrest or lawful objective without increasing risk to the deputy/correctional
officer or another person (Government Code § 7286(a)).
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.
Serious bodily injury - A serious impairment of physical condition, including but not limited to
the following: loss of consciousness; concussion; bone fracture; protracted loss or impairment
of function of any bodily member or organ; a wound requiring extensive suturing; and serious
disfigurement (Penal Code § 243(f)(4)).
Totality of the circumstances - All facts known to the deputy/correctional officer at the time,
including the conduct of the officer and the subject leading up to the use of force (Penal Code
§ 835a).
300.2 POLICY
The use of force by law enforcement/correctional personnel is a matter of critical concern, both to
the public and to the law enforcement community. Deputies and 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 and 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 duties.
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Use of Force
The Office recognizes and respects the value of all human life and dignity without prejudice to
anyone. Vesting deputies and 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 law enforcement officer or an
employee using force that is clearly beyond that which is necessary, as determined by an
objectively reasonable deputy/correctional officerunder the circumstances, shall, when in a
position to do so, intercede to prevent the use of unreasonable force.
When observing force used by a law enforcement officer, each deputy/correctional officer should
take into account the totality of the circumstances and the possibility that other law enforcement
officers may have additional information regarding the threat posed by the subject (Government
Code § 7286(b)).
300.2.2 FAIR AND UNBIASED USE OF FORCE
Deputies and correctional officers are expected to carry out their duties, including the use of force,
in a manner that is fair and unbiased (Government Code§7286(b)). See FSO Policy 401 - Biased
Based Policy Policy for additional guidance.
300.2.3 DUTY TO REPORT EXCESSIVE FORCE
Any deputy or correctional officer who observes a law enforcement officer or an employee
use force that potentially exceeds what the deputy/correctional officer reasonably believes to
be necessary shall promptly report these observations to a supervisor as soon as feasible
(Government Code § 7286(b)).
300.3 USE OF FORCE
Deputies and correctional officers shall use only that amount of force that reasonably appears
necessary given the facts and totality of the circumstances known to or perceived by the deputy/
correctional officer at the time of the event to accomplish a legitimate law enforcement purpose
(Penal Code § 835a).
The reasonableness of force will be judged from the perspective of a reasonable deputy/
correctional officer on the scene at the time of the incident. Any evaluation of reasonableness
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. Deputies and correctional officers
may only use a level of force that they reasonably believe is proportional to the seriousness
of the suspected offense or the reasonably perceived level of actual or threatened resistance
(Government Code § 7286(b)).
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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 approved tools,
weapons, or methods provided by the 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 objectively reasonable and utilized only to the degree that reasonably appears necessary to
accomplish a legitimate law enforcement purpose.
While the ultimate objective of every law enforcement encounter is to avoid or minimize injury,
nothing in this policy requires 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 deputy/correctional officer may use objectively reasonable force to effect an arrest, to prevent
escape, or to overcome resistance. A deputy/correctional 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/correctional officer be
deemed the aggressor or lose his/her right to self-defense by the use of reasonable force to effect
the arrest, prevent escape,or to overcome resistance. Retreat does not mean tactical repositioning
or other de-escalation techniques (Penal Code § 835a).
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 (Government Code § 7286(b)). These factors include but are not limited to:
(a) The apparent immediacy and severity of the threat to deputies/correctional officers or
others (Penal Code § 835a).
(b) The conduct of the individual being confronted, as reasonably perceived by the deputy/
correctional officer at the time (Penal Code § 835a).
(c) Deputy's/Correctional Officer's 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 conduct of the involved deputy/correctional officer leading up to the use of force
(Penal Code § 835a).
(e) The effects of suspected drugs or alcohol.
(f) The individual's apparent mental state or capacity (Penal Code § 835a).
(g) The individual's apparent ability to understand and comply with deputy/correctional
officer commands (Penal Code § 835a).
(h) Proximity of weapons or dangerous improvised devices.
(i) The degree to which the subject has been effectively restrained and his/her ability to
resist despite being restrained.
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Q) The availability of other reasonable and feasible options and their possible
effectiveness (Penal Code § 835a).
(k) Seriousness of the suspected offense or reason for contact with the individual prior
to and at the time force is used.
(1) Training and experience of the deputy/correctional officer.
(m) Potential for injury to deputy/correctional officer, suspects, bystanders, and others.
(n) Whether the person appears to be resisting, attempting to evade arrest by flight, or is
attacking the deputy/correctional officer.
(o) The risk and reasonably foreseeable consequences of escape.
(p) The apparent need for immediate control of the subject or a prompt resolution of the
situation.
(q) Whether the conduct of the individual being confronted no longer reasonably appears
to pose an imminent threat to the deputy/correctional officer or others.
(r) Prior contacts with the subject or awareness of any propensity for violence.
(s) 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 RESTRICTIONS ON THE USE OF CAROTID CONTROL HOLD
Members of this office are not authorized to use a carotid restraint hold. A carotid restraint means
a vascular neck restraint or any similar restraint, hold, or other defensive tactic in which pressure
is applied to the sides of a person's neck that involves a substantial risk of restricting blood flow
and may render the person unconscious in order to subdue or control the person (Government
Code § 7286.5).
300.3.5 USE OF FORCE TO SEIZE EVIDENCE
In general, deputy/correctional officer may use reasonable force to lawfully seize evidence and to
prevent the destruction of evidence. However, deputies/correctional officers are discouraged from
using force solely to prevent a person from swallowing evidence or contraband. In the instance
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when force is used, deputies/correctional officers should not intentionally use any technique that
restricts blood flow to the head, restricts respiration or which creates a reasonable likelihood
that blood flow to the head or respiration would be restricted. Deputies/correctional officers are
encouraged to use techniques and methods taught by the Fresno County Sheriff's Office for this
specific purpose.
300.3.6 ALTERNATIVE TACTICS - DE-ESCALATION
As time and circumstances reasonably permit, and when community and officer safety would not
be compromised, deputies/correctional officers should consider actions that may increase officer
safety and may decrease the need for using force:
(a) Summoning additional resources that are able to respond in a reasonably timely
manner.
(b) Formulating a plan with responding deputies/correctional officers before entering an
unstable situation that does not reasonably appear to require immediate intervention.
(c) Employing other tactics that do not unreasonably increase deputy/correctional officer
jeopardy.
In addition, when reasonable, deputies/correctional officers should evaluate the totality of
circumstances presented at the time in each situation and, when feasible, consider and utilize
reasonably available alternative tactics and techniques that may persuade an individual to
voluntarily comply or may mitigate the need to use a higher level of force to resolve the situation
before applying force (Government Code § 7286(b)(1)). Such alternatives may include but are
not limited to:
(a) Attempts to de-escalate a situation.
(b) If reasonably available, the use of crisis intervention techniques by properly trained
personnel.
300.3.7 RESTRICTIONS ON THE USE OF A CHOKE HOLD
Members of this office are not authorized to use a choke hold. A choke hold means any defensive
tactic or force option in which direct pressure is applied to a person's trachea or windpipe
(Government Code § 7286.5).
300.4 DEADLY FORCE APPLICATIONS
Where feasible, the deputy/correctional officer shall, prior to the use of deadly force, make
reasonable efforts to identify him/herself as a peace officer and to warn that deadly force may
be used, unless the deputy/correctional officer has objectively reasonable grounds to believe the
person is aware of those facts (Penal Code 835a(5)(c)(1)(B)).
If an objectively reasonable deputy/correctional officer would consider it safe and feasible to do so
under the totality of the circumstances, deputies/correctional officers shall evaluate and use other
reasonably available resources and techniques when determining whether to use deadly force.
To the extent that it is reasonably practical, deputies/correctional officers should consider their
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surroundings and any potential risks to bystanders prior to discharging a firearm (Government
Code § 7286(b)).
The use of deadly force is only justified when the deputy/correctional officer reasonably believes
it is necessary in the following circumstances (Penal Code § 835a):
(a) A deputy/correctional officer may use deadly force to protect him/herself or others from
what he/she reasonably believes is an imminent threat of death or serious bodily injury
to the deputy/correctional officer or another person.
(b) A deputy/correctional officer may use deadly force to apprehend a fleeing person for
any felony that threatened or resulted in death or serious bodily injury, if the deputy/
correctional officer reasonably believes that the person will cause death or serious
bodily injury to another unless immediately apprehended.
Deputies/Correctional officers shall not use deadly force against a person based on the danger
that person poses to him/herself, if an objectively reasonable deputy/correctional officer would
believe the person does not pose an imminent threat of death or serious bodily injury to the deputy/
correctional officer or to another person (Penal Code § 835a).
An "imminent" threat of death or serious bodily injury exists when, based on the totality of the
circumstances, a reasonable deputy/correctional officer in the same situation would believe that
a person has the present ability, opportunity, and apparent intent to immediately cause death or
serious bodily injury to the deputy/correctional officer or another person. A deputy's/correctional
officer's subjective fear of future harm alone is insufficient as an imminent threat. An imminent
threat is one that from appearances is reasonably believed to require instant attention (Penal
Code § 835a).
300.4.1 SHOOTING AT OR FROM MOVING VEHICLES
Shots fired at or from a moving vehicle are rarely effective and may involve additional
considerations and risks. When feasible, deputies/correctional officers should take reasonable
steps to 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 imminent threat of the vehicle, or if deadly
force other than the vehicle is directed at the deputy/correctional officer or others (Government
Code § 7286(b)).
Deputies/correctional officers should not shoot at any part of a vehicle in an attempt to disable
the vehicle.
300.4.2 DISPLAYING OF FIREARMS
Given that individuals might perceive the display of a firearm as a potential application of force,
deputies/correctional officers should carefully evaluate each tactical situation and use sound
discretion when drawing a firearm in public by considering the following guidelines (Government
Code § 7286(b)):
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(a) If the deputy/correctional officer does not initially perceive a threat but reasonably
believes that the potential for such threat exists, firearms should generally be kept in
the low-ready or other position not directed toward an individual.
(b) If the deputy/correctional officer reasonably believes that a threat exists based on
the totality of circumstances presented at the time (e.g., high-risk stop, tactical entry,
armed encounter), firearms may be directed toward such imminent threat until the
deputy/correctional officer no longer perceives such threat.
Once it is reasonably safe to do so, deputies/correctional officers should carefully secure all
firearms.
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. See the Report Preparation Policy
for additional circumstances that may require documentation.
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 unreasonable force was used or that any of the above has
occurred.
300.5.2 REPORTING TO CALIFORNIA DEPARTMENT OF JUSTICE
Statistical data regarding all officer-involved shootings and incidents involving use of force
resulting in serious bodily injury is to be reported to the California Department of Justice as required
by Government Code § 12525.2. See the Records Unit Policy.
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300.6 MEDICAL CONSIDERATION
Once it is reasonably safe to do so, properly trained deputies/correctional officers should promptly
provide or procure medical assistance for any person injured or claiming to have been injured in
a use of force incident (Government Code § 7286(b)).
Prior to booking or release, medical assistance shall be obtained for any person who exhibits signs
of physical distress,who has sustained visible injury, expresses a complaint of injury or continuing
pain, or who was rendered unconscious. Any individual exhibiting signs of physical distress after
an encounter should be continuously monitored until he/she can be medically assessed.
Based upon the deputy's/correctional officer's initial assessment of the nature and extent of the
subject's injuries, medical assistance may consist of examination by fire personnel, paramedics,
hospital staff, or medical staff at the jail. If any such individual refuses medical attention, such
a refusal shall be fully documented in related reports and, whenever practicable, should be
witnessed by another deputy/correctional officer and/or medical personnel. If a recording is made
of the contact or an interview with the individual, any refusal should be included in the recording,
if possible.
The on-scene supervisor or, if the on-scene supervisor is not available, the primary handling
deputy/correctional officer shall ensure that any person providing medical care or receiving
custody of a person following any use of force is informed that the person was subjected to force.
This notification shall include a description of the force used and any other circumstances the
deputy/correctional officer reasonably believes would be potential safety or medical risks to the
subject (e.g., prolonged struggle, extreme agitation, impaired respiration).
Persons who exhibit extreme agitation, violent irrational behavior accompanied by profuse
sweating, extraordinary strength beyond their physical characteristics and imperviousness to
pain (sometimes called "excited delirium"), or who require a protracted physical encounter with
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
A supervisor should respond to any reported use of force, if reasonably available. The
responding supervisor is expected to (Government Code § 7286(b)):
(a) Obtain the basic facts from the involved deputies/correctional officers. Absent an
allegation of misconduct or excessive force, this will be considered a routine contact
in the normal course of duties.
(b) Ensure that any injured parties are examined and treated.
(c) When possible, separately obtain a recorded interview with the subject upon whom
force was applied. If this interview is conducted without the person having voluntarily
waived his/her Miranda rights, the following shall apply:
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1. The content of the interview should not be summarized or included in any related
criminal charges.
2. The fact that a recorded interview was conducted should be documented in a
property or other report.
3. The recording of the interview should be distinctly marked for retention until all
potential for civil litigation has expired.
(d) Once any initial medical assessment has been completed or first aid has been
rendered, ensure that photographs have been taken of any areas involving visible
injury or complaint of pain, as well as overall photographs of uninjured areas. These
photographs should be retained until all potential for civil litigation has expired.
(e) Identify any witnesses not already included in related reports.
(f) Review and approve all related reports.
(g) Determine if there is any indication that the subject may pursue civil litigation.
1. If there is an indication of potential civil litigation, the supervisor should complete
and route a notification of a potential claim through the appropriate channels.
(h) Evaluate the circumstances surrounding the incident and initiate an administrative
investigation if there is a question of policy non-compliance or if for any reason further
investigation may be appropriate.
In the event that a supervisor is unable to respond to the scene of an incident involving the reported
application of force, the supervisor is still expected to complete as many of the above items as
circumstances permit.
300.7.1 WATCH COMMANDER RESPONSIBILITY
The Watch Commander shall review each use of force by any personnel within his/her command
to ensure compliance with this policy, address any training issues and notify the appropriate unit
commander.
300.8 TRAINING
Deputies/Correctional officers, investigators, and supervisors will receive periodic training on this
policy and demonstrate their knowledge and understanding (Government Code § 7286(b)).
Subject to available resources, the Training Manager should ensure that deputies/correctional
officers receive periodic training on de-escalation tactics, including alternatives to force.
Training should also include (Government Code § 7286(b)):
(a) Guidelines regarding vulnerable populations, including but not limited to children,
elderly persons, pregnant individuals, and individuals with physical, mental, and
developmental disabilities.
(b) Training courses required by and consistent with POST guidelines set forth in Penal
Code § 13519.10.
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300.9 POLICY REVIEW
The Sheriff or the authorized designee should regularly review and update this policy to reflect
developing practices and procedures (Government Code § 7286(b)).
300.10 POLICY AVAILABILITY
The Sheriff or the authorized designee should ensure this policy is accessible to the public
(Government Code § 7286(c)).
300.11 PUBLIC RECORDS REQUESTS
Requests for public records involving a deputy's/correctional officer's personnel records shall be
processed in accordance with Penal Code § 832.7 and the Personnel Records and Records
Maintenance and Release policies (Government Code § 7286(b)).
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' Policy Manual
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.
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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.
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' Policy Manual
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. Leg irons, waist chains or handcuffs behind the body should not be
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used unless the member has a reasonable suspicion that the person may resist, attempt escape,
injure self or others, or damage property.
No person who is in labor, delivery or recovery after delivery shall be handcuffed or restrained
except in extraordinary circumstances and only when a supervisor makes an individualized
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.
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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 aftertransport.
Members utilizing spit hoods should ensure that the spit hood is fastened properly to allow for
adequate ventilation and so that the restrained person can breathe normally. Members should
provide assistance during the movement of a restrained individual 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 decontaminated, including hair, head and clothing prior to application of a spit hood.
Those who have been placed in a spit hood should be continually monitored and shall not be left
unattended until the spit hood is removed. Spit hoods shall be discarded after each use.
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 person.
(b) Whether it is reasonably necessary to protect the person from his/her own actions
(e.g., hitting his/her head against the interior of the patrol vehicle, running away from
the arresting 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 vehicle).
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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.
(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 emergency medical services, 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.
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PolicyFresno County Sheriff's Office
' Policy Manual
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.
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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.
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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.
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(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.
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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.
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' Policy Manual
Conducted Energy Device
304.1 PURPOSE AND SCOPE
This policy provides guidelines for the issuance and use of Axon/TASER and other electrical
energy devices.
304.2 POLICY
The Axon/TASER device and other electrical energy devices are intended to control a violent or
potentially violent individual, while minimizing the risk of serious injury. The appropriate use of
such a device should result in fewer serious injuries to deputies and suspects.
304.3 ISSUANCE AND CARRYING ELECTRICAL ENERGY DEVICES
Only members who have successfully completed Office-approved training may be issued and
carry these devices.
Devices are issued for use during a member's current assignment. Those leaving a particular
assignment may be required to return the device to the Office's inventory.
Member shall only use the devices and cartridges that have been issued by the Office. Uniformed
personnel who have been issued a device may wear the device in an approved holster on their
person. Non-uniformed members may secure the device in the driver's compartment of their
vehicle.
Members carrying a device should perform a spark test on the unit prior to every shift.
When carried while in uniform,members shall carry the device in a weak-side holster on the side
opposite the duty weapon.
(a) All devices shall be clearly and distinctly marked to differentiate them from the duty
weapon and any other device.
(b) Whenever practicable, members should carry additional cartridges on their person or
within the device.
(c) Members shall be responsible for ensuring that their issued device is properly
maintained, synchronized and in good working order.
(d) Members should not hold both a firearm and an electrical energy device at the same
time.
304.4 VERBAL AND VISUAL WARNINGS
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:
(a) Provide the individual with a reasonable opportunity to voluntarily comply.
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(b) Provide other members and individuals with a warning that the device may be
deployed.
If, after a verbal warning, an individual is unwilling to voluntarily comply with a member's lawful
orders and it appears both reasonable and feasible under the circumstances, the member may,
but is not required to, display the electrical arc (provided that a cartridge has not been loaded
into the device), or the laser in a further attempt to gain compliance prior to the application of the
device. The aiming laser should never be intentionally directed into the eyes of another as it may
permanently impair his/her vision.
The fact that a verbal or other warning was given or the reasons it was not given shall be
documented by the member deploying the device in the related report.
304.5 USE OF THE CONDUCTED ELECTRICAL DEVICE
The device has limitations and restrictions requiring consideration before its use. The device
should only be used when its operator can safely approach the subject within the operational range
of the device. Although the device is generally effective in controlling most individuals, members
should be aware that the device may not achieve the intended results and be prepared with other
options.
304.5.1 APPLICATION OF THE CONDUCTED ELECTRICAL DEVICE
The device may be used in any of the following circumstances,when the circumstances perceived
by the member at the time indicate that such application is reasonably necessary to control a
person:
(a) The subject is violent or is physically resisting.
(b) The subject has demonstrated, by words or action, an intention to be violent or to
physically resist, and reasonably appears to present the potential to harm members,
him/herself or others.
Mere flight from a pursuing member, without other known circumstances or factors, is not good
cause for the use of the device to apprehend an individual.
304.5.2 SPECIAL DEPLOYMENT CONSIDERATIONS
The use of the device on certain individuals should generally be avoided unless the totality of
the circumstances indicates that other available options reasonably appear ineffective or would
present a greater danger to the member, the subject or others, and the member reasonably
believes that the need to control the individual outweighs the risk of using the device.This includes:
(a) Individuals who are known to be pregnant.
(b) Elderly individuals or obvious juveniles.
(c) Individuals with obviously low body mass.
(d) Individuals who are handcuffed or otherwise restrained.
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(e) Individuals who are known to have been recently sprayed with a flammable chemical
agent or who are otherwise in close proximity to any known combustible vapor or
flammable material, including alcohol-based oleoresin capsicum (OC) spray.
(f) Individuals whose position or activity may result in collateral injury (e.g., falls from
height, operating vehicles), unless reasonable measures have been taken to counter
the potential injury.
Because the application of the device in the drive-stun mode (i.e., direct contact without probes)
relies primarily on pain compliance, the use of the drive-stun mode generally should be limited
to supplementing the probe-mode to complete the circuit, or as a distraction technique to gain
separation between members and the subject, thereby giving members time and distance to
consider other force options or actions.
The device shall not be used to psychologically torment, elicit statements or to punish any
individual.
304.5.3 TARGETING CONSIDERATIONS
Reasonable efforts should be made to target lower center mass and avoid the head, neck, chest
and groin. If the dynamics of a situation or officer safety do not permit the member to limit the
application of the device probes to a precise target area, members should monitor the condition
of the subject if one or more probes strikes the head, neck, chest or groin until the subject is
examined by paramedics or other medical personnel.
304.5.4 MULTIPLE OR PROLONGED APPLICATIONS OF THE CONDUCTED ELECTRICAL
DEVICE
Members should apply the device for only one standard cycle and then evaluate the situation
before applying any subsequent cycles. Multiple or prolonged applications of the device against
a single individual are generally not recommended and should be avoided unless the member
reasonably believes that the need to control the individual outweighs the potentially increased risk
posed by multiple or prolonged applications.
If the first application of the device appears to be ineffective in gaining control of an individual, the
member should consider certain factors before additional applications of the device, including:
(a) Whether the probes are making proper contact.
(b) Whether the individual has the ability and has been given a reasonable opportunity
to comply.
(c) Whether verbal commands, other options or tactics may be more effective.
Members should generally not intentionally apply more than one device at a time against a single
subject.
304.5.5 ACTIONS FOLLOWING DEPLOYMENTS
Members shall notify a supervisor of all device discharges. Anti felony identification (AFID) or
"confetti" tags should be collected and the expended cartridge, along with both probes and wire,
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should be submitted into evidence. The cartridge serial number should be noted and documented
on the evidence paperwork. The evidence packaging should be marked "Biohazard" if the probes
penetrated the subject's skin.
304.5.6 DANGEROUS ANIMALS
The device may be deployed against an animal as part of a planned or unplanned event to deal
with a potentially dangerous animal, such as a dog, if the animal reasonably appears to pose an
imminent threat to human safety and alternative methods are not reasonably available or would
likely be ineffective.
304.5.7 TAS E RO CAM TM
If the device is equipped with a camera, the TASER CAM and audio is activated any time the
safety is in the off position. The safety should be in the safe position unless the member intends
to use the device. Because the TASER CAM memory is limited, the video and audio data should
be downloaded frequently and retained as required by the Office records retention schedule.
304.5.8 OFF-DUTY CONSIDERATIONS
Members are not authorized to carry Office devices while off-duty.
Members shall ensure that devices are secured while in their homes, vehicles or any other area
under their control, in a manner that will keep the device inaccessible to others.
304.6 DOCUMENTATION
Members shall document all device discharges and drive stuns in the related report. Notification
shall also be made to a supervisor in compliance with the Use of Force Policy. Unintentional
discharges of the probes will also be documented in a report.
304.6.1 CONDUCTED ELECTRICAL DEVICE REPORT
Items that shall be included in the member's report who deployed the device are:
(a) The type and brand of device and cartridge and cartridge serial number.
(b) Date, time and location of the incident.
(c) Whether any display, laser or arc deterred a subject and gained compliance.
(d) The number of device activations, the duration of each cycle, the duration between
activations, and (as best as can be determined)the duration that the subject received
applications.
(e) The range at which the device was used.
(f) The type of mode used (probe or drive-stun).
(g) Location of any probe impact.
(h) Location of contact in drive-stun mode.
(i) Description of where missed probes went.
Q) Whether medical care was provided to the subject.
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(k) Whether the subject sustained any injuries.
(1) Whether any members sustained any injuries.
(m) Identification of all personnel firing devices.
(n) Identification of all known witnesses.
(o) Observations of the subject's physical and physiological actions.
(p) Any known or suspected drug use, intoxication or other medical problems.
(q) Photograph probe and/or signature marks.
The device's onboard memory should be downloaded through the data port and saved with the
related report.
304.7 MEDICAL TREATMENT
Consistent with local medical personnel protocols and absent extenuating circumstances, only
appropriate medical personnel should remove device probes from a person's body. Used device
probes shall be treated as a sharps biohazard, similar to a used hypodermic needle, and handled
appropriately. Universal precautions should be taken.
All persons who have been struck by device probes or who have been subjected to the electric
discharge of the device shall be medically assessed prior to booking. Additionally, any such
individual who falls under any of the following categories should, as soon as practicable, be
examined by paramedics or other qualified medical personnel:
(a) The person is suspected of being under the influence of controlled substances and/
or alcohol.
(b) The person may be pregnant.
(c) The person reasonably appears to be in need of medical attention.
(d) The device probes are lodged in a sensitive area (e.g., groin, female breast, head,
face, neck).
(e) The person requests medical treatment.
Any individual exhibiting signs of distress or who is exposed to multiple or prolonged applications
(i.e., more than 15 seconds) shall be transported to a medical facility for examination or medically
evaluated prior to booking. If any individual refuses medical attention after the initial medical
evaluation, such a refusal should be witnessed by another member and/or medical personnel and
shall be fully documented in related reports. If an audio recording is made of the contact or an
interview with the individual, any refusal should be included, if possible.
The transporting member shall inform any person providing medical care or receiving custody that
the individual has been subjected to the application of the device.
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304.8 SUPERVISOR RESPONSIBILITIES
When possible, supervisors should respond to calls when they reasonably believe there is a
likelihood the device may be used. A supervisor should respond to all incidents where the device
was deployed.
A supervisor should review each incident when there has been a device deployment or drive stun.
Ensure photographs of probe sites or drive stun locations are taken and witnesses interviewed.
304.9 TRAINING
Personnel who are authorized to carry a device shall be permitted to do so only after successfully
completing the initial Office-approved training. Any personnel who have not carried the device
as a part of their assignment for a period of 12 months or more shall be recertified by anOffice-
approved device instructor prior to again carrying or using the device.
Proficiency training for personnel who have been issued devices should occur every year. A
reassessment of a member's knowledge and/or practical skill may be required at any time if
deemed appropriate by the Training Manager or designee. All training and proficiency for devices
will be documented in the member's training file.
Command staff, supervisors and investigators should receive device training as appropriate for
the investigations they conduct and review.
Members who do not carry devices should receive training that is sufficient to familiarize them
with the device and with working with members who use the device.
The Training Unit is responsible for ensuring that all members who carry devices have received
initial and annual proficiency training. Periodic audits should be used for verification.
Application of devices during training could result in injury to personnel and should not be
mandatory for certification.
The Training Manager or the designee should ensure that all training includes:
(a) A review of this policy.
(b) A review of the Use of Force Policy.
(c) Performing weak-hand draws or cross-draws to reduce the possibility of
unintentionally drawing and firing a firearm.
(d) Target area considerations, to include techniques or options to reduce the
unintentional application of probes near the head, neck, chest and groin.
(e) Handcuffing a subject during the application of the device and transitioning to other
force options.
(f) De-escalation techniques.
(g) Restraint techniques that do not impair respiration following the application of the
device.
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Policy Fresno County Sheriff's Office
' Policy Manual
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.
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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.
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(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.
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(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'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):
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(a) Allied agency officer within this jurisdiction - The Fresno County Sheriff'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'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'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 orderto 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.
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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.
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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
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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.
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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).
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PolicyFresno County Sheriff's Office
' • Policy Manual
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 Sheriffs Office will equip its members with firearms to address the risks posed
to the public and office members by violent and sometimes well-armed persons. The Office will
ensure firearms are appropriate, in good working order and that relevant training is provided as
resources allow.
306.3 AUTHORIZED FIREARMS, AMMUNITION AND OTHER WEAPONS
Members shall only use firearms that are issued or approved by the Office and have been
thoroughly inspected by the Rangemaster. Except in an emergency or as directed by a supervisor,
no firearm shall be carried by a member who has not qualified with that firearm at an authorized
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 a single folding pocketknife that is 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
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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:
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(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.
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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.
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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.
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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 Rangemaster. Members shall not dry
fire or practice quick draws except as instructed by the Rangemaster or other firearms
training staff.
(c) Members shall not clean, repair, load or unload a firearm anywhere in the Office,
except where clearing barrels are present.
(d) Shotguns or rifles removed from vehicles or the equipment storage room shall be
loaded and unloaded in the parking lot and outside of the vehicle, using clearing
barrels.
(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 supervisor.
(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 a Rangemaster approved by the Office
for inspection and repair. Any firearm deemed in need of repair or service by the
Rangemaster will be immediately removed from service. If the firearm is the member's
primary duty firearm, a replacement firearm will be issued to the member until the duty
firearm is serviceable.
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.
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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, taken any drugs or medication, or has taken any combination thereof
that would tend to adversely affect the member's senses or judgment.
306.5.4 STORAGE IN VEHICLES
When leaving a handgun in an unattended vehicle, members shall ensure that it is locked in the
trunk, or in a locked container that is placed out of view, or in a locked container that is permanently
affixed to the vehicle's interior and not in plain view, or in a locked toolbox or utility box permanently
affixed to the vehicle (Penal Code § 16850; Penal Code § 25140; Penal Code § 25452).
If the vehicle does not have a trunk or a locked container, then the firearm should be locked within
the center utility console that can be locked with a padlock, keylock, combination lock, or other
similar locking device (Penal Code § 25140).
Deputies are exempt from these requirements 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
quarterly with their duty firearms. In addition to quarterly training, all members will qualify at least
annually with their duty firearms. Members will qualify with off-duty and secondary firearms at least
twice a year. Training and qualifications must be on an approved range course.
At least annually, all members carrying a firearm should receive practical training designed to
simulate field situations including low-light shooting.
306.6.1 NON-CERTIFICATION OR NON-QUALIFICATION
If any member fails to meet minimum standards for firearms training or qualification for any
reason, including injury, illness, duty status or scheduling conflict, that member shall submit a
memorandum to his/her immediate supervisor. Notification will be made to the Training Unit
Sergeant, along with the appropriate Watch Commander or Unit Commander.
Those who fail to meet minimum standards or qualify on their first shooting attempt shall be
provided remedial training and will be subject to the following requirements:
(a) Additional range assignments may be scheduled to assist the member in
demonstrating consistent firearm proficiency.
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(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, the member shall file a written report or provide a
recorded statement no later than the end of the next regularly scheduled shift, unless
otherwise directed by a supervisor.
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, TASERO device, oleoresin capsicum (OC) spray, animal
control officer). Nothing in this policy shall prohibit any member from shooting a dangerous animal
if circumstances reasonably dictate that a contingency plan has failed or becomes impractical.
306.7.2 INJURED ANIMALS
A member may euthanize an animal that is so badly injured that human compassion requires
its removal from further suffering and where other dispositions are impractical (Penal Code §
597.1(e)).
Injured animals (with the exception of dogs and cats) may only be euthanized after a reasonable
search to locate the owner has been made (Penal Code § 597.1(b)). Injured dogs and cats found
without their owners shall be taken to an appropriate veterinarian for determination of whether
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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 forthe purpose of summoning aid are discouraged and may
not be discharged unless the member reasonably believes that they appear necessary, effective
and reasonably safe.
306.8 TRAINING UNIT RANGE STAFF DUTIES
The range will be under the exclusive control of the Training Unit Commander. All members
attending will follow the directions of the Training Unit range staff. The Training Unit range staff
will maintain a roster of all members attending the range and will submit the roster to the Training
Unit Commander after each range date. Failure of any member to sign in and out with the Training
Unit range staff may result in non-qualification.
The range shall remain operational and accessible to Office members during hours established
by the Office.
The Training Unit range staff has the responsibility of making periodic inspection, at least once a
year, of all duty firearms carried by members of this office to verify proper operation. The Training
Unit Range staff has the authority to deem any office-issued or personally owned firearm unfit for
service. The member will be responsible for all repairs to his/her personally owned firearm and it
will not be returned to service until inspected by the Training Unit range staff.
The Training Unit range staff has the responsibility for ensuring each member meets the minimum
requirements during training shoots and, on at least a yearly basis, can demonstrate proficiency
in the care, cleaning and safety of all firearms the member is authorized to carry.
The Training Unit range staff shall complete and submit to the Training Unit Sergeant
documentation of the training courses provided. Documentation shall include the qualifications of
each instructor who provides the training, a description of the training provided and, on a form
that has been approved by the Office, a list of each member who completes the training. The
Training Unit range staff shall keep accurate records of all training shoots, qualifications, repairs,
maintenance or other records as directed by the Training Unit Commander.
306.9 FLYING WHILE ARMED
The Transportation Security Administration (TSA) has imposed rules governing law enforcement
officers flying armed on commercial aircraft. The following requirements apply to deputies who
intend to be armed while flying on a commercial air carrier or flights where screening is conducted
(49 CFR 1544.219):
(a) Deputies wishing to fly while armed must be flying in an official capacity, not for
vacation or pleasure, and must have a need to have the firearm accessible, as
determined by the Office based on the law and published TSA rules.
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(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 Sheriffs 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.
Q) 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 § 92613):
(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.
(c) The deputy may not be under the influence of alcohol or any other intoxicating or
hallucinatory drug.
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(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.
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' Policy Manual
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.
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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.
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(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.
(1) 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.
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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.
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(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.
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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.
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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.
Q) 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
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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 Sheriffs 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.
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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.
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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
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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.
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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.
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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.
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308 Policy Manual
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.
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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.
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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.
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' Policy Manual
Canines
309.1 PURPOSE AND SCOPE
This policy establishes guidelines for the use of canines to augment police services in the
community, including but not limited to locating individuals and contraband and apprehending
criminal offenders.
309.2 POLICY
It is the policy of the Fresno County Sheriffs 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.
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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.
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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 presents 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 handler believes that the
suspect no longer poses a threat, 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
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momentarily to listen for any verbal response to the warning. If feasible, other members should
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 presents an imminent 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.
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(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 may be considered.
When available, an explosive-detection canine team may be used in accordance with current law
and under certain circumstances, including:
(a) Assisting in the search of a building, structure, area, vehicle, or article where an actual
or suspected explosive device has been reported or located.
(b) Assisting with searches at transportation facilities and vehicles (e.g., buses, airplanes,
trains).
(c) Preventive searches at special events,VIP visits, official buildings, and other restricted
areas. Searches of individuals should remain minimally intrusive and shall be strictly
limited to the purpose of detecting explosives.
(d) Assisting in the search of scenes where an explosion has occurred and an explosive
device or secondary explosive device is suspected.
At no time will an explosive-detection trained canine be used to render a suspected device safe
or clear.
309.8 HANDLER SELECTION
The minimum qualifications for the assignment of canine handler include:
(a) A deputy who is currently off probation.
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(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.
Q) 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.
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(a) A canine shall not be left unattended in any area to which the public may have access.
(b) When the canine vehicle is left unattended, all windows and doors shall be secured
in such a manner as to prevent unauthorized access to the canine. The handler shall
also ensure that the unattended vehicle remains inhabitable for the canine.
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 Sheriffs Office canine training provider.
(b) Canine handlers are encouraged to engage in additional training with approval of the
Canine Unit supervisor.
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(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. Alternatively, the Fresno County
Sheriffs 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.
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(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
canine coordinator 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 trunk of the canine handler's assigned patrol vehicle during transport and stored
in an appropriate locked container. There are no exceptions to this procedure.
(f) The canine coordinator 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 canine coordinator shall be responsible for verifying the explosive training aids on
hand against the inventory ledger once each quarter.
(d) Only members of the canine team 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).
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PolicyFresno County Sheriff's Office
' Policy Manual
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.
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(d) When practicable and legally permitted,video or audio record all significant statements
and observations.
(e) All injuries should be photographed, regardless of severity, taking care to preserve
the victim's personal privacy. Where practicable, photographs should be taken by a
person of the same sex.Victims whose injuries are not visible at the time of the incident
should be asked to contact the Detective Bureau in the event that the injuries later
become visible.
(f) 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.
Q) 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. Whether the suspect lives on the premises with the victim.
2. Claims by the suspect that the victim provoked or perpetuated the violence.
3. The potential financial or child custody consequences of arrest.
4. The physical or emotional state of either party.
5. Use of drugs or alcohol by either party.
6. Denial that the abuse occurred where evidence indicates otherwise.
7. A request by the victim not to arrest the suspect.
8. Location of the incident (public/private).
9. Speculation that the complainant may not follow through with the prosecution.
10. Actual or perceived characteristics such as race, ethnicity, national origin,
religion, sex, sexual orientation, gender identity or expression, economic status,
age, cultural group, disability, or marital status of the victim or suspect.
11. The social status, community status, or professional position of the victim or
suspect.
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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, 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.
A deputy shall advise an individual protected by a Canadian domestic violence protection order
of available local victim services (Family Code § 6452).
310.6 DISPATCH ASSISTANCE
All calls of domestic violence, including incomplete 9-1-1 calls, should be dispatched as soon as
practicable.
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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 or foreign order shall be enforced, regardless of
whether the order has been properly registered with this state (Family Code § 6403).
Canadian domestic violence protection orders shall also be enforced in the same manner as if
issued in this state (Family Code § 6452).
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.
1. If a determination is made that a valid foreign order cannot be enforced because
the subject has not been notified or served the order, the deputy shall inform
the subject of the order, make a reasonable effort to serve the order upon the
subject, and allow the subject a reasonable opportunity to comply with the order
before enforcing the order. Verbal notice of the terms of the order is sufficient
notice (Family Code § 6403).
(b) Check available records or databases that may show the status or conditions of the
order.
1. Registration or filing of an order in California is not required for the enforcement
of a valid foreign order (Family Code § 6403).
(c) Contact the issuing court to verify the validity of the order.
(d) Contact a law enforcement official from the jurisdiction where the order was issued
to verify information.
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.
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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).
Any decision to not arrest an adult when there is probable 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)):
1. Penal Code § 243(e)(1) (battery against spouse, cohabitant)
2. Penal Code § 273.5 (corporal injury on spouse, cohabitant, fiance/fiancee,
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.
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(e) An arrest shall be made when there is probable cause to believe that a violation of a
domestic violence court order has been committed (Penal Code§ 13701; Penal Code
§ 836), regardless of whether the offense was committed in the 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 court as soon as practicable and shall have the order entered
into the computer database system for protective and restraining orders maintained
by the Department of Justice (Family Code § 6271; Penal Code § 646.91).
(b) At the request of the petitioner, 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).
(e) If a valid Canadian order cannot be enforced because the person subject to the order
has not been notified or served with the order, the deputy shall notify the protected
individual that reasonable efforts shall be made to contact the person subject to the
order. The deputy shall make a reasonable effort to inform the person subject to the
order of the existence and terms of the order and provide him/her with a record of the
order, if available, and shall allow the person a reasonable opportunity to comply with
the order before taking enforcement action (Family Code § 6452).
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.
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(c) Deputies who seize any firearm or other deadly weapon in a domestic violence incident
shall issue the individual possessing such weapon a receipt that includes the name
and residential mailing address of the owner or person who possessed the weapon
and notice of where the weapon may be recovered, along with the applicable time
limit for recovery (Penal Code § 18250; Penal Code § 18255; Penal Code § 33800;
Family Code § 6389(c)(2)).
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 or
whether the incident involved strangulation or suffocation (Penal Code § 13730). This information
is to be reported to the Attorney General monthly. It shall be the responsibility of the Records 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).
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Policy Fresno County Sheriff's Office
311 Policy Manual
Search and Seizure
311.1 PURPOSE AND SCOPE
Both the federal and state Constitutions provide every individual with the right to be free from
unreasonable searches and seizures. This policy provides general guidelines for Fresno County
Sheriffs Office personnel to consider when dealing with search and seizure issues.
311.2 POLICY
It is the policy of the Fresno County Sheriff's Office to respect the fundamental privacy rights of
individuals. Members of this office will conduct searches in strict observance of the constitutional
rights of persons being searched. All seizures by this office will comply with relevant federal and
state law governing the seizure of persons and property.
The Office will provide relevant and current training to deputies as guidance for the application of
current law, local community standards and prosecutorial considerations regarding specific search
and seizure situations, as appropriate.
311.3 SEARCHES
The U.S. Constitution generally provides that a valid warrant is required in order for a search to
be valid. There are, however, several exceptions that permit a warrantless search.
Examples of law enforcement activities that are exceptions to the general warrant requirement
include, but are not limited to, searches pursuant to the following:
• Valid consent
• Incident to a lawful arrest
• Legitimate community caretaking interests
• Vehicle searches under certain circumstances
• Exigent circumstances
Certain other activities are recognized by federal and state courts and by certain statutes as
legitimate law enforcement activities that also do not require a warrant. Such activities may include
seizure and examination of abandoned property, and observations of activities and property
located on open public areas.
Because case law regarding search and seizure is constantly changing and subject to
interpretation by the courts, each member of this office is expected to act in each situation
according to current training and his/her familiarity with clearly established rights as determined
by case law.
Whenever practicable, deputies are encouraged to contact a supervisor to resolve questions
regarding search and seizure issues prior to electing a course of action.
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311.4 SEARCH PROTOCOL
Although conditions will vary and officer safety and other exigencies must be considered in every
search situation, the following guidelines should be followed whenever circumstances permit:
(a) Members of this office will strive to conduct searches with dignity and courtesy.
(b) Members should explain to the person being searched the reason for the search and
how the search will be conducted.
(c) Searches should be carried out with due regard and respect for private property
interests and in a manner that minimizes damage. Property should be left in a condition
as close as reasonably possible to its pre-search condition.
(d) In order to minimize the need for forcible entry, an attempt should be made to obtain
keys, combinations or access codes when a search of locked property is anticipated.
(e) When the person to be searched is of the opposite sex as the searching member,
a professional search shall be conducted by the member performing the search. If
feasible and if there is a member of the same sex at the scene of the search as the
person to be searched, that member shall conduct the search.
311.5 DOCUMENTATION
Members are responsible to document any search leading to an enforcement action and to ensure
that any required reports are sufficient including, at minimum, documentation of the following:
• Reason for the search
• Any efforts used to minimize the intrusiveness of any search (e.g., asking for consent
or keys)
• What, if any, injuries or damage occurred
• All steps taken to secure property
• The results of the search, including a description of any property or contraband seized
• If the person searched is the opposite sex, any efforts to summon a member of the
same sex as the person being searched and the identification of any witness member
Supervisors shall review reports to ensure the reports are accurate, that actions are properly
documented and that current legal requirements and office policy have been met.
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PolicyFresno County Sheriff's Office
312 Policy Manual
Temporary Custody of Juveniles
312.1 PURPOSE AND SCOPE
This policy provides guidelines consistent with the Juvenile Justice and Delinquency Prevention
Act for juveniles taken into temporary custody by members of the Fresno County Sheriff's Office
(34 USC § 11133).
Guidance regarding contacting juveniles at schools or who may be victims is provided in the Child
Abuse Policy.
312.1.1 DEFINITIONS
Definitions related to this policy include:
Juvenile non-offender -An abused, neglected, dependent, or alien juvenile who may be legally
held for his/her own safety or welfare. This also includes any juvenile who may have initially been
contacted for an offense that would not subject an adult to arrest (e.g., fine-only offense) but was
taken into custody for his/her protection or for purposes of reuniting the juvenile with a parent,
guardian, or other responsible person. Juveniles 11 years of age or younger are considered
juvenile non-offenders even if they have committed an offense that would subject an adult to arrest.
Juvenile offender-A juvenile 12 to 17 years of age who is alleged to have committed an offense
that would subject an adult to arrest (a non-status offense) (Welfare and Institutions Code § 602).
It also includes an offense under Penal Code § 29610 for underage possession of a handgun or
concealable firearm (28 CFR 31.303).
Non-secure custody - When a juvenile is held in the presence of a deputy or other custody
employee at all times and is not placed in a locked room,cell,or behind any locked doors.Juveniles
in non-secure custody may be handcuffed but not to a stationary or secure object. Personal
supervision, through direct visual monitoring and audio two-way communication is maintained.
Monitoring through electronic devices, such as video, does not replace direct visual observation
(Welfare and Institutions Code § 207.1(d); 15 CCR 1150).
Safety checks - Direct, visual observation personally by a member of this office performed at
random intervals within time frames prescribed in this policy to provide for the health and welfare
of juveniles in temporary custody.
Secure custody - When a juvenile offender is held in a locked room, a set of rooms, or a cell.
Secure custody also includes being physically secured to a stationary object (15 CCR 1146).
Examples of secure custody include:
(a) A juvenile left alone in an unlocked room within the secure perimeter of the adult
temporary holding area.
(b) A juvenile handcuffed to a rail.
(c) Ajuvenile placed in a room that contains doors with delayed egress devices that have
a delay of more than 30 seconds.
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(d) Ajuvenile being processed in a secure booking area when a non-secure booking area
is available.
(e) A juvenile left alone in a secure booking area after being photographed and
fingerprinted.
(f) Ajuvenile placed in a cell within the adult temporary holding area, whether or not the
cell door is locked.
(g) A juvenile placed in a room that is capable of being locked or contains a fixed object
designed for cuffing or restricting movement.
Sight and sound separation - Located or arranged to prevent physical, visual, or auditory
contact.
Status offender - A juvenile suspected of committing a criminal violation of the law that would
not be a criminal violation but for the age of the offender. Examples may include running away,
underage possession of tobacco, curfew violation, and truancy. A juvenile in custody on a
court order or warrant based upon a status offense is also a status offender. This includes the
habitually disobedient or truant juvenile under Welfare and Institutions Code§601 and anyjuvenile
suspected of an offense that would not subject an adult to arrest (e.g., fine-only offense).
312.2 POLICY
The Fresno County Sheriffs Office is committed to releasing juveniles from temporary custody as
soon as reasonably practicable and keeping juveniles safe while they are in temporary custody
at the Fresno County Sheriffs Office. Juveniles should be held in temporary custody only for as
long as reasonably necessary for processing, transfer, or release.
312.3 JUVENILES WHO SHOULD NOT BE HELD
Juveniles who exhibit any of the following conditions should not be held at the Fresno County
Sheriffs Office:
(a) Unconscious
(b) Seriously injured
(c) A known suicide risk or obviously severely emotionally disturbed
(d) Significantly intoxicated except when approved by the supervisor or watch
commander. A medical clearance shall be obtained for minors who are under the
influence of drugs, alcohol, or any other intoxicating substance to the extent that they
are unable to care for themselves (15 CCR 1151).
(e) Extremely violent or continuously violent
Deputies taking custody of a juvenile who exhibits any of the above conditions should take
reasonable steps to provide medical attention or mental health assistance and notify a supervisor
of the situation (15 CCR 1142; 15 CCR 1151).
These juveniles should not be held at the Fresno County Sheriff's Office unless they have been
evaluated by a qualified medical and/or mental health professional (15 CCR 1142).
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If the deputy taking custody of the juvenile believes the juvenile may be a suicide risk, the juvenile
shall be under continuous direct supervision until evaluation, release, or a transfer is completed
(15 CCR 1142).
312.3.1 EMERGENCY MEDICAL CARE OF JUVENILES IN CUSTODY
When emergency medical attention is required for a juvenile, medical assistance will be called
immediately. The supervisor or watch commander shall be notified of the need for medical
attention for the juvenile. Office members should administer first aid as applicable (15 CCR 1142).
312.3.2 SUICIDE PREVENTION OF JUVENILES IN CUSTODY
Office members should be alert to potential symptoms based upon exhibited behavior that
may indicate the juvenile is a suicide risk. These symptoms may include depression, refusal to
communicate, verbally threatening to kill him/herself, or any unusual behavior which may indicate
the juvenile may harm him/herself while in either secure or non-secure custody (15 CCR 1142).
312.4 CUSTODY OF JUVENILES
Deputies should take custody of a juvenile and temporarily hold the juvenile at the Fresno County
Sheriffs Office when there is no other lawful and practicable alternative to temporary custody.
Refer to the Child Abuse Policy for additional information regarding detaining a juvenile that is
suspected of being a victim.
No juvenile should be held in temporary custody at the Fresno County Sheriffs Office without
authorization of the arresting deputy's supervisor or the Watch Commander. Juveniles taken into
custody shall be held in non-secure custody unless otherwise authorized by this policy.
Any juvenile taken into custody shall be released to the care of the juvenile's parent or other
responsible adult or transferred to a juvenile custody facility or to other authority as soon as
practicable and in no event shall a juvenile be held beyond six hours from the time of his/her
entry into the Fresno County Sheriff's Office (34 USC § 11133; Welfare and Institutions Code §
207.1(d)).
312.4.1 CUSTODY OF JUVENILE NON-OFFENDERS
Non-offenders taken into protective custody in compliance with the Child Abuse Policy should
generally not be held at the Fresno County Sheriff's Office. Custodial arrangements should be
made for non-offenders as soon as reasonably possible. Juvenile non-offenders shall not be held
in secure custody (34 USC § 11133; Welfare and Institutions Code § 206).
Juveniles 11 years of age or younger who have committed an offense that would subject an adult
to arrest may be held in non-secure custody for the offenses listed in Welfare and Institutions
Code § 602(b) (murder and the sexual assault offenses) and should be referred to a probation
officer for a placement determination.
312.4.2 CUSTODY OF JUVENILE STATUS OFFENDERS
Status offenders should generally be released by citation or with a warning rather than taken into
temporary custody. However, deputies may take custody of a status offender if requested to do
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so by a parent or legal guardian in order to facilitate reunification (e.g., transported home or to
the station to await a parent). Juvenile status offenders shall not be held in secure custody (34
USC § 11133).
312.4.3 CUSTODY OF JUVENILE OFFENDERS
Juvenile offenders should be held in non-secure custody while at the Fresno County Sheriffs
Office unless another form of custody is authorized by this policy or is necessary due to exigent
circumstances.
Generally, a juvenile offender may be taken into custody when authorized by a court order orwhen
there is probable cause to believe the juvenile has committed an offense that would subject an
adult to arrest (Welfare and Institutions Code § 625).
A juvenile offender who is 14 years of age or older and suspected of using a firearm in violation
of Welfare and Institutions Code § 625.3 shall be transported to a juvenile facility.
A juvenile offender suspected of committing murder or a sex offense that may subject a juvenile
to criminal jurisdiction under Welfare and Institutions Code § 602(b), or a serious or violent felony
should be referred to the Probation Office for a decision on further detention.
In all other cases the juvenile offender may be:
(a) Released upon warning or citation.
(b) Released to a parent or other responsible adult after processing at the Office.
(c) Referred to the Probation Office for a decision regarding whether to transport the
juvenile offender to a juvenile facility.
(d) Transported to his/her home or to the place where the juvenile offender was taken into
custody (Welfare and Institutions Code § 207.2).
In determining which disposition is appropriate, the investigating deputy or supervisor shall prefer
the alternative that least restricts the juvenile's freedom of movement, provided that alternative
is compatible with the best interests of the juvenile and the community (Welfare and Institutions
Code § 626).
Whenever a juvenile offender under the age of 14 is taken into custody, the deputy should take
reasonable steps to verify and document the child's ability to differentiate between right and wrong,
particularly in relation to the alleged offense (Penal Code § 26).
312.5 ADVISEMENTS
When a Deputy takes a juvenile before a probation officer at juvenile hall or to any other place
of confinement, they shall take immediate steps to notify the juvenile's parent, guardian, or a
responsible relative that the juvenile is in custody, the location where the juvenile is being held,
and the intended disposition (Welfare and Institutions Code § 627).
Whenever a juvenile is taken into temporary custody, he/she shall be given the Miranda rights
advisement regardless of whether questioning is intended (Welfare and Institutions Code § 625).
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Anytime a juvenile offender is placed in secure custody, he/she shall be informed of the purpose of
the secure custody, the length of time the secure custody is expected to last, and of the maximum
six-hour limitation (Welfare and Institutions Code § 207.1(d)).
Juveniles taken into custody for an offense shall immediately be advised (or at least within one
hour from being taken into custody, if possible) that they may make three telephone calls: one
call completed to his/her parent or guardian; one to a responsible relative or his/her employer;
and another call completed to an attorney. The calls shall be at no expense to the juvenile when
completed to telephone numbers within the local calling area. Juveniles should be asked whether
they are a caregiver and provided two more phone calls in the same manner as provided to adults
in the Temporary Custody of Adults Policy (Welfare and Institutions Code § 627; Penal Code §
851.5).
312.6 JUVENILE CUSTODY LOGS
Any time a juvenile is held in custody at the Office, the custody shall be promptly and properly
documented in the juvenile custody log, including:
(a) Identifying information about the juvenile.
(b) Date and time of arrival and release from the Fresno County Sheriff's Office (15 CCR
1150).
(c) Supervisor or watch commander notification and approval to temporarily hold the
juvenile.
(d) Any charges for which the juvenile is being held and classification of the juvenile as a
juvenile offender, status offender, or non-offender.
(e) Any changes in status (e.g., emergency situations, unusual incidents).
(f) Time of all safety checks.
(g) Any medical and other screening requested and completed (15 CCR 1142).
(h) Circumstances that justify any secure custody (Welfare and Institutions Code §
207.1(d); 15 CCR 1145).
(i) Any other information that may be required by other authorities, such as compliance
inspectors or a local juvenile court authority.
The supervisor or watch commander shall initial the log to approve the custody, including any
secure custody, and shall also initial the log when the juvenile is released.
312.7 NO-CONTACT REQUIREMENTS
Sight and sound separation shall be maintained between all juveniles and adults while in custody
at the Office (34 USC § 11133; Welfare and Institutions Code §207.1(d); Welfare and Institutions
Code § 208; 15 CCR 1144). There should also be sight and sound separation between non-
offenders and juvenile and status offenders.
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In situations where brief or accidental contact may occur (e.g., during the brief time a juvenile is
being fingerprinted and/or photographed in booking), a member of the Fresno County Sheriffs
Office(trained in the supervision of persons in custody)shall maintain a constant, immediate, side-
by-side presence with the juvenile or the adult to minimize any contact. If inadvertent or accidental
contact does occur, reasonable efforts shall be taken to end the contact (15 CCR 1144).
312.8 TEMPORARY CUSTODY REQUIREMENTS
Members and supervisors assigned to monitor or process any juvenile at the Fresno County
Sheriffs Office shall ensure the following:
(a) The supervisor or watch commander should be notified if it is anticipated that a juvenile
may need to remain at the Fresno County Sheriff's Office more than four hours. This
will enable the supervisor or watch commander to ensure no juvenile is held at the
Fresno County Sheriff's Office more than six hours.
(b) A staff member of the same sex shall supervise personal hygiene activities and care,
such as changing clothing or using the restroom, without direct observation to allow
for privacy.
(c) Personal safety checks and significant incidents/activities shall be noted on the log.
(d) Juveniles in custody are informed that they will be monitored at all times, except when
using the toilet.
1. There shall be no viewing devices, such as peep holes or mirrors, of which the
juvenile is not aware.
2. This does not apply to surreptitious and legally obtained recorded interrogations.
(e) Juveniles shall have reasonable access to toilets and wash basins (15 CCR 1143).
(f) Food shall be provided if a juvenile has not eaten within the past four hours or is
otherwise in need of nourishment, including any special diet required for the health of
the juvenile (15 CCR 1143).
(g) Juveniles shall have reasonable access to a drinking fountain or water(15 CCR 1143).
(h) Juveniles shall have reasonable opportunities to stand and stretch, particularly if
handcuffed or restrained in any way.
(i) Juveniles shall have privacy during family, guardian, and/or lawyer visits (15 CCR
1143).
Q) Juveniles shall be permitted to remain in their personal clothing unless the clothing is
taken as evidence or is otherwise unsuitable or inadequate for continued wear while
in custody (15 CCR 1143).
(k) Blankets shall be provided as reasonably necessary (15 CCR 1143).
1. The supervisor should ensure that there is an adequate supply of clean blankets.
(I) Adequate shelter, heat, light, and ventilation should be provided without compromising
security or enabling escape.
(m) Juveniles shall have adequate furnishings, including suitable chairs or benches.
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(n) Juveniles shall have the right to the same number of telephone calls as an adult in
temporary custody.
(o) No discipline may be administered to any juvenile, nor may juveniles be subjected to
corporal or unusual punishment, humiliation, or mental abuse (15 CCR 1142).
312.9 USE OF RESTRAINT DEVICES
Juvenile offenders may be handcuffed in accordance with the Handcuffing and Restraints
Policy. A juvenile offender may be handcuffed at the Fresno County Sheriff's Office when the
juvenile presents a heightened risk. However, non-offenders and status offenders should not be
handcuffed unless they are combative or threatening (15 CCR 1142).
Other restraints shall only be used after less restrictive measures have failed and with the approval
of a supervisor or Watch Commander. Restraints shall only be used so long as it reasonably
appears necessary for the juvenile's protection or the protection of others (15 CCR 1142).
Juveniles in restraints shall be kept away from other unrestrained juveniles or monitored in such
a way as to protect the juvenile from abuse (15 CCR 1142).
312.10 PERSONAL PROPERTY
The deputy taking custody of a juvenile offender or status offender at the Fresno County Sheriffs
Office shall ensure a thorough search of the juvenile's property is made and all property is removed
from the juvenile, especially those items that could compromise safety, such as pens, pencils,
and belts.
The personal property of a juvenile should be placed in a property bag. The property should be
inventoried in the juvenile's presence and sealed into the bag. The property should be kept in a
monitored or secure location until the juvenile is released from the custody of the Fresno County
Sheriffs Office.
312.11 SECURE CUSTODY
Only juvenile offenders 14 years of age or older may be placed in secure custody (Welfare and
Institutions Code § 207; 15 CCR 1145). Watch Commander approval is required before placing
a juvenile offender in secure custody.
Secure custody should only be used for juvenile offenders when there is a reasonable belief that
the juvenile is a serious risk of harm to him/herself or others. Factors to be considered when
determining if the juvenile offender presents a serious security risk to him/herself or others include
the following (15 CCR 1145):
(a) Age, maturity, and delinquent history
(b) Severity of offense for which the juvenile was taken into custody
(c) The juvenile offender's behavior
(d) Availability of staff to provide adequate supervision or protection of the juvenile
offender
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(e) Age, type, and number of other individuals in custody at the facility
Members of this office shall not use secure custody for convenience when non-secure custody is,
or later becomes, a reasonable option (15 CCR 1145).
When practicable and when no locked enclosure is available, handcuffing one hand of a juvenile
offender to a fixed object while otherwise maintaining the juvenile in non-secure custody should
be considered as the method of secure custody. An employee must be present at all times to
ensure the juvenile's safety while secured to a stationary object (15 CCR 1148).
Juveniles shall not be secured to a stationary object for more than 60 minutes. Supervisor approval
is required to secure a juvenile to a stationary object for longer than 60 minutes and every 30
minutes thereafter (15 CCR 1148). Supervisor approval should be documented.
The decision for securing a minor to a stationary object for longer than 60 minutes and every 30
minutes thereafter shall be based upon the best interests of the juvenile offender(15 CCR 1148).
312.11.1 LOCKED ENCLOSURES
A thorough inspection of the area shall be conducted before placing a juvenile into the enclosure.
A second inspection shall be conducted after removing the juvenile. Any damage noted to the
room should be photographed and documented in the crime report.
The following requirements shall apply to a juvenile offender who is held inside a locked enclosure:
(a) The juvenile shall constantly be monitored by an audio/video system during the entire
custody.
(b) Juveniles shall have constant auditory access to office members (15 CCR 1147).
(c) Initial placement into and removal from a locked enclosure shall be logged (Welfare
and Institutions Code § 207.1(d)).
(d) Unscheduled safety checks to provide for the health and welfare of the juvenile by
a staff member, no less than once every 15 minutes, shall occur (15 CCR 1147; 15
CCR 1151).
1. All safety checks shall be logged.
2. The safety check should involve questioning the juvenile as to his/her well-being
(sleeping juveniles or apparently sleeping juveniles should be awakened).
3. Requests or concerns of the juvenile should be logged.
(e) Males and females shall not be placed in the same locked room (15 CCR 1147).
(f) Juvenile offenders should be separated according to severity of the crime (e.g., felony
or misdemeanor).
(g) Restrained juveniles shall not be mixed in a cell or room with unrestrained juveniles.
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312.12 SUICIDE ATTEMPT, DEATH, OR SERIOUS INJURY OF A JUVENILE
The supervisor or watch commander will ensure procedures are in place to address the suicide
attempt, death, or serious injury of any juvenile held at the Fresno County Sheriff's Office (15 CCR
1142; 15 CCR 1047). The procedures will address:
(a) Immediate notification of the on-duty supervisor, watch commander and Bureau
Commander.
(b) Notification of the parent, guardian, or person standing in loco parentis of the juvenile.
(c) Notification of the District Attorney's OIS team.
(d) Notification of County Counsel.
(e) Notification of the Internal Affairs Unit Commander.
(f) Notification to the coroner.
(g) Notification of the juvenile court.
(h) In the case of a death, providing a report to the Attorney General under Government
Code§ 12525 within 10 calendar days of the death, and forwarding the same report to
the Board of State and Community Corrections within the same time frame (15 CCR
1046).
(i) A medical and operational review of deaths and suicide attempts pursuant to 15 CCR
1046.
Q) Evidence preservation.
312.13 INTERVIEWING OR INTERROGATING JUVENILE SUSPECTS
No interview or interrogation of a juvenile should occur unless the juvenile has the apparent
capacity to consent, and does consent to an interview or interrogation.
Prior to conducting a custodial interrogation, including the waiver of Miranda rights, a deputy shall
permit a juvenile 17 years of age or younger to consult with legal counsel in person, by telephone,
or by video conference. The consultation may not be waived by the juvenile. The requirement to
consult with legal counsel does not apply when (Welfare and Institutions Code § 625.6):
(a) Information is necessary to protect life or property from an imminent threat.
(b) The questions are limited to what is reasonably necessary to obtain the information
relating to the threat.
312.13.1 MANDATORY RECORDINGS OF JUVENILES
Any interrogation of an individual under 18 years of age who is in custody and suspected of
committing murder shall be audio and video recorded when the interview takes place at a office
facility, jail, detention facility, or other fixed place of detention. The recording shall include the
entire interview and a Miranda advisement preceding the interrogation (Penal Code § 859.5).
This recording is not mandatory when (Penal Code § 859.5):
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(a) Recording is not feasible because of exigent circumstances that are later documented
in a report.
(b) The individual refuses to have the interrogation recorded, including a refusal any time
during the interrogation, and the refusal is documented in a report. If feasible, the
refusal shall be electronically recorded.
(c) The custodial interrogation occurred in another state by law enforcement officers
of that state, unless the interrogation was conducted with the intent to avoid the
requirements of Penal Code § 859.5.
(d) The interrogation occurs when no member conducting the interrogation has a
reason to believe that the individual may have committed murder. Continued
custodial interrogation concerning that offense shall be electronically recorded if the
interrogating member develops a reason to believe the individual committed murder.
(e) The interrogation would disclose the identity of a confidential informant or would
jeopardize the safety of 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.
These recordings shall be retained until a conviction is final and all direct and habeas corpus
appeals are exhausted,a court no longer has anyjurisdiction overthe individual,orthe prosecution
for that offense is barred (Penal Code § 859.5; Welfare and Institutions Code § 626.8).
312.14 RELEASE OF INFORMATION CONCERNING JUVENILES
Court decisions and legislation have combined to carefully specify situations in which information
may be given out or exchanged when a case involves a juvenile. Members of this office shall not
divulge any information regarding juveniles unless they are certain of the legal authority to do so.
A copy of the current policy of the juvenile court concerning authorized release of information
and appropriate acknowledgment forms shall be kept with copies of this procedure in the Fresno
County Sheriffs Office Policy Manual. Such releases are authorized by Welfare and Institutions
Code § 827.
Welfare and Institutions Code § 828 authorizes the release of certain information to other
agencies. It shall be the responsibility of the Records Unit Commander and the appropriate
Detective Bureau Commander to ensure that personnel of those bureaus act within legal
guidelines.
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312.15 BOARD OF STATE AND COMMUNITY CORRECTIONS CERTIFICATION
The Court Services Unit shall coordinate the procedures related to the custody of juveniles held
at the Fresno County Sheriff's Office and ensure any required certification is maintained (Welfare
and Institution Code § 210.2).
312.16 RELIGIOUS ACCOMMODATION
Juveniles have the right to the same religious accommodation as adults in temporary custody(see
the Temporary Custody of Adults Policy).
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Elder and Dependent Adult Abuse
313.1 PURPOSE AND SCOPE
The purpose of this policy is to provide guidelines for the investigation and reporting of suspected
abuse of certain adults who may be more vulnerable than others. This policy also addresses
mandatory notification for Fresno County Sheriff's Office members as required by law.
313.1.1 DEFINITIONS
Definitions related to this policy include:
Elder and Dependent Adult Abuse - Any offense or attempted offense involving violence or
neglect of an adult victim when committed by a person responsible for the adult's care, or
any other act that would mandate reporting or notification to a social service agency or law
enforcement (Penal Code § 368).
Abuse of an elder (age 65 or older) or dependent adult - Physical abuse, neglect, financial
abuse, abandonment, isolation, abduction, or other treatment with resulting physical harm or pain
or mental suffering; or the deprivation by a care custodian of goods or services that are necessary
to avoid physical harm or mental suffering. Neglect includes self-neglect (Welfare and Institutions
Code § 15610.07; Penal Code § 368.5).
313.2 POLICY
The Fresno County Sheriff's Office will investigate all reported incidents of alleged elder and
dependent adult abuse and ensure proper reporting and notification as required by law.
313.3 INVESTIGATIONS AND REPORTING
All reported or suspected cases of elder or dependent adult abuse require investigation and a
report, even if the allegations appear unfounded or unsubstantiated.
Investigations and reports related to suspected cases of elder and dependent adult 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 elder or dependent adult abuse victim is contacted.
(b) Any relevant statements the victim may have made and to whom he/she made the
statements.
(c) If a person is taken into protective custody in accordance with Welfare and Institutions
Code §5150, the reasons, the name and title of the person making the decision, and
why other alternatives were not appropriate.
(d) Documentation of any visible injuries or any injuries identified by the victim.This should
include photographs of such injuries, if practicable.
(e) Whether the victim was transported for medical treatment or a medical examination.
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(f) Whether the victim identified a household member as the alleged perpetrator, and a
list of the names of any other potential victims or witnesses who may reside in the
residence.
(g) Identification of any prior related reports or allegations of abuse, including other
jurisdictions, as reasonably known.
(h) Previous addresses of the victim and suspect.
(i) Other potential witnesses who have not yet been interviewed, such as relatives or
others close to the victim's environment.
Q) Results of investigations shall be provided to those agencies (Adult Protective
Services (APS), Long-Term Care Ombudsman) that referred or reported the elder or
dependent adult abuse (Welfare and Institutions Code § 15640(f)).
(k) Whether a death involved the End of Life Option Act:
(a) Whether or not assistance was provided to the person beyond that allowed by
law (Health and Safety Code § 443.14)
(b) Whether an individual knowingly altered or forged a request for an aid-in-
dying drug to end a person's life without his/her authorization, or concealed or
destroyed a withdrawal or rescission of a request for an aid-in-dying drug (Health
and Safety Code § 443.17)
(c) Whether coercion or undue influence was exerted on the person to request or
ingest an aid-in-dying drug or to destroy a withdrawal or rescission of a request
for such medication (Health and Safety Code § 443.17)
(d) Whether an aid-in-dying drug was administered to a person without his/her
knowledge or consent (Health and Safety Code § 443.17).
Any unexplained death of an adult who was in the care of a guardian or caretaker should be
considered as potential elder abuse and investigated similarly.
313.4 QUALIFIED INVESTIGATORS
Qualified investigators should be available to investigate cases of elder and dependent adult
abuse. These investigators should:
(a) Conduct interviews in appropriate interview facilities.
(b) Be familiar with forensic interview techniques specific to elder abuse investigations.
(c) Present all relevant cases of alleged elder and dependent adult abuse to the
prosecutor for review.
(d) Coordinate with other enforcement agencies, social service agencies and facility
administrators as needed.
(e) Provide referrals to therapy services, victim advocates, guardians and support for the
victim and family as appropriate.
(f) Participate in or coordinate with multidisciplinary investigative teams as applicable
(Welfare and Institutions Code § 15610.55).
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313.5 MANDATORY NOTIFICATION
Members of the Fresno County Sheriff's Office shall notify the local office of the California
Department of Social Services (CDSS) APS agency when they reasonably suspect, have
observed, or have knowledge of an incident that reasonably appears to be abuse of an elder
(age 65 or older) or dependent adult, or are told by an elder or dependent adult that he/she has
experienced abuse (Welfare and Institutions Code § 15630(b)).
Notification shall be made by telephone as soon as practicable and a written report shall be
provided within two working days as provided in Welfare and Institutions Code § 15630(b)(c)).
A dependent adult is an individual, regardless of whether the individual lives independently,
between 18 and 64 years of age who has physical or mental limitations that restrict his/her ability
to carry out normal activities or to protect his/her rights, including but not limited to persons who
have physical or developmental disabilities or whose physical or mental abilities have diminished
because of age. This also includes those admitted as inpatients to a 24-hour health facility, as
defined in state law (Welfare and Institutions Code § 15610.23).
Notification shall also be made to the following agencies as soon as practicable or as provided
below (Welfare and Institutions Code § 15630):
(a) If the abuse is physical abuse and occurred in a long-term care facility (not a state
mental health hospital or a state developmental center) notification shall be made as
follows (Welfare and Institutions Code § 15630(b)(1)):
1. If there is serious bodily injury, notification shall be made by telephone and,
within two hours, a written report shall be made to the local ombudsman and the
corresponding licensing agency.
2. If there is physical abuse and no serious bodily injury, notification shall be made
by telephone and, within 24 hours, a written report shall be made to the local
ombudsman and the corresponding licensing agency.
3. If the abuse is allegedly caused by a resident with dementia and there is no
serious bodily injury, notification shall be made by telephone and a written report
to the local ombudsman within 24 hours.
4. When a report of abuse is received by the Office, the local ombudsman shall
be called to coordinate efforts to provide the most immediate and appropriate
response (Welfare and Institutions Code § 15630(b)).
(b) If the abuse is in a long-term care facility (not a state mental health or a state
developmental center) and is other than physical abuse, a telephone report and a
written report shall be made to the local ombudsman as soon as practicable (Welfare
and Institutions Code § 15630(b)).
(c) The California Department of Public Health (DPH) shall be notified of all known or
suspected abuse in a long-term care facility.
(d) The SDSS shall be notified of all known or suspected abuse occurring in a residential
care facility for the elderly or in an adult day program.
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(e) If the abuse occurred in an adult day health care center, DPH and the California
Department of Aging shall be notified.
(f) The Bureau of Medi-Cal Fraud and Elder Abuse shall be notified of all abuse that
constitutes criminal activity in a long-term care facility.
(g) The District Attorney's office shall be notified of all cases of physical abuse and
financial abuse in a long-term care facility.
(h) If the abuse occurred at a state mental hospital or a state developmental center,
notification shall be made to the designated investigators of the California Department
of State Hospitals or the California Department of Developmental Services as soon as
practicable but no later than two hours after law enforcement becomes aware of the
abuse (Welfare and Institutions Code § 15630(b)).
1. When a report of abuse is received by the Office, investigation efforts shall
be coordinated with the designated investigators of the California Department
of State Hospitals or the California Department of Developmental Services
(Welfare and Institutions Code § 15630(b)).
(i) If during an investigation it is determined that the elder or dependent adult abuse
is being committed by a licensed health practitioner as identified in Welfare and
Institutions Code § 15640(b), the appropriate licensing agency shall be immediately
notified (Welfare and Institutions Code 15640(b)).
Q) When the Office receives a report of abuse, neglect or abandonment of an elder or
dependent adult alleged to have occurred in a long-term care facility, the licensing
agency shall be notified by telephone as soon as practicable (Welfare and Institutions
Code § 15640(e)).
The Detective Bureau supervisor is responsible for ensuring that proper notifications have
occurred to the District Attorney's Office and any other regulatory agency that may be applicable
based upon where the abuse took place (e.g., care facility, hospital) per Welfare and Institutions
Code § 15630(b).
Notification is not required for a person who was merely present when a person self-administered
a prescribed aid-in-dying drug or a person prepared an aid-in-dying drug so long as the person
did not assist the individual in ingesting the aid-in-dying drug (Health and Safety Code § 443.14;
Health and Safety Code § 443.18).
313.5.1 NOTIFICATION PROCEDURE
Notification should include the following information, if known (Welfare and Institutions Code §
15630(e)):
(a) The name of the person making the report.
(b) The name and age of the elder or dependent adult.
(c) The present location of the elder or dependent adult.
(d) The names and addresses of family members or any other adult responsible for the
care of the elder or dependent adult.
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(e) The nature and extent of the condition of the elder or dependent adult.
(f) The date of incident.
(g) Any other information, including information that led the person to suspect elder or
dependent adult abuse.
313.6 INTERVIEWS
313.6.1 PRELIMINARY INTERVIEWS
Absent extenuating circumstances or impracticality, deputies should audio record the preliminary
interview with a suspected elder or dependent adult abuse victim. Deputies should avoid multiple
interviews with the victim and should attempt to gather only the information necessary to begin
an investigation. When practicable, investigating deputies should defer interviews until a person
who is specially trained in such interviews is available.
313.6.2 DETAINING VICTIMS FOR INTERVIEWS
A deputy should not detain an adult involuntarily who is suspected of being a victim of abuse
solely for the purpose of an interview or physical exam without his/her consent or the consent of
a guardian unless one of the following applies:
(a) Exigent circumstances exist, such as:
1. A reasonable belief that medical issues of the adult need to be addressed
immediately.
2. A reasonable belief that the adult is or will be in danger of harm if the interview
or physical exam is not immediately completed.
3. The alleged offender is a family member or guardian and there is reason to
believe the adult may be in continued danger.
(b) A court order or warrant has been issued.
313.7 MEDICAL EXAMINATIONS
When an elder or dependent adult abuse investigation requires a medical examination, the
investigating deputy should obtain consent for such examination from the victim, guardian, agency
or entity having legal custody of the adult. The deputy should also arrange for the adult's
transportation to the appropriate medical facility.
In cases where the alleged offender is a family member, guardian, agency or entity having legal
custody and is refusing to give consent for the medical examination, 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 adult for a medical examination, the supervisor should consider other
government agencies or services that may obtain a court order for such an examination.
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313.8 DRUG-ENDANGERED VICTIMS
A coordinated response by law enforcement and social services agencies is appropriate to meet
the immediate and longer-term medical and safety needs of an elder or dependent adult abuse
victim who has been exposed to the manufacturing, trafficking or use of narcotics.
313.8.1 SUPERVISOR RESPONSIBILITIES
The Sex Crimes supervisor should:
(a) Work with professionals from the appropriate agencies, including APS, other law
enforcement agencies, medical service providers and local prosecutors, to develop
community specific procedures for responding to situations where there are elder or
dependent adult abuse victims 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 Sex Crimes
supervisor that he/she has responded to a drug lab or other narcotics crime scene
where an elder or dependent adult abuse victim is present or where evidence indicates
that an elder abuse victim lives.
(c) Develop a report format or checklist for use when deputies respond to drug labs
or other narcotics crime scenes. The checklist will help deputies document the
environmental, medical, social and other conditions that may affect the adult.
313.8.2 DEPUTY RESPONSIBILITIES
Deputies responding to a drug lab or other narcotics crime scene where an elder or dependent
adult abuse victim is present or where there is evidence that an adult abuse victim lives should:
(a) Document the environmental, medical, social and other conditions of the adult, using
photography as appropriate and the checklist or form developed for this purpose.
(b) Notify the Abuse Unit supervisor via the chain of command so an interagency response
can begin.
313.9 TRAINING
The Office should provide training on best practices in elder abuse investigations to members
tasked with investigating these cases. The training should include:
(a) Participating in multidisciplinary investigations, as appropriate.
(b) Conducting interviews.
(c) Availability of therapy services for adults and families.
(d) Availability of specialized forensic medical exams.
(e) Cultural competence (including interpretive services) related to elder abuse
investigations.
(f) Availability of victim advocates or other support.
313.10 ADULT ABUSE DETECTIVE RESPONSIBILITIES
The Elder Abuse detective is responsible for:
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(a) Providing a copy of the elder or dependent adult abuse report to the APS, ombudsman
or other agency as applicable within two working days or as required by law (Welfare
and Institutions Code § 15630; Welfare and Institutions Code § 15640(c)).
(b) Retaining the original elder or dependent adult abuse report with the initial case file.
313.11 JURISDICTION
The Fresno County Sheriffs Office has concurrent ju risd iction with state law enforcement agencies
when investigating elder and dependent adult abuse and all other crimes against elder victims
and victims with disabilities (Penal Code § 368.5).
Adult protective services agencies and local long-term care ombudsman programs also have
jurisdiction within their statutory authority to investigate elder and dependent adult abuse and
criminal neglect and may assist in criminal investigations upon request in such cases. However,
this office will retain responsibility for the criminal investigations (Penal Code § 368.5).
313.12 RELEVANT STATUTES
Penal Code § 368 (c)
Any person who knows or reasonably should know that a person is an elder or dependent adult
and who, under circumstances or conditions other than those likely to produce great bodily harm
or death, willfully causes or permits any elder or dependent adult to suffer, or inflicts thereon
unjustifiable physical pain or mental suffering, or having the care or custody of any elder or
dependent adult, willfully causes or permits the person or health of the elder or dependent adult
to be injured or willfully causes or permits the elder or dependent adult to be placed in a situation
in which his or her person or health may be endangered, is guilty of a misdemeanor.
Penal Code § 368 (f)
(f) A person who commits the false imprisonment of an elder or a dependent adult by the use of
violence, menace, fraud, or deceit is punishable by imprisonment pursuant to subdivision (h) of
Section 1170 for two, three, or four years.
Welfare and Institutions Code § 15610.05
"Abandonment"means the desertion or willful forsaking of an elder or a dependent adult by anyone
having care or custody of that person under circumstances in which a reasonable person would
continue to provide care and custody.
Welfare and Institutions Code § 15610.06
"Abduction" means the removal from this state and the restraint from returning to this state, or
the restraint from returning to this state, of any elder or dependent adult who does not have the
capacity to consent to the removal from this state and the restraint from returning to this state, or
the restraint from returning to this state, as well as the removal from this state or the restraint from
returning to this state, of any conservatee without the consent of the conservator or the court.
Welfare and Institutions Code § 15610.30
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(a) "Financial abuse" of an elder or dependent adult occurs when a person or entity does any of
the following:
(1)Takes, secretes, appropriates, obtains, or retains real or personal property of an elder or
dependent adult for a wrongful use or with intent to defraud, or both.
(2)Assists in taking, secreting, appropriating, obtaining, or retaining real or personal property
of an elder or dependent adult for a wrongful use or with intent to defraud, or both.
(3) Takes, secretes, appropriates, obtains, or retains, or assists in taking, secreting,
appropriating, obtaining, or retaining, real or personal property of an elder or dependent adult
by undue influence, as defined in Section 15610.70.
(b) A person or entity shall be deemed to have taken, secreted, appropriated, obtained, or
retained property for a wrongful use if, among other things, the person or entity takes, secretes,
appropriates, obtains, or retains the property and the person or entity knew or should have known
that this conduct is likely to be harmful to the elder or dependent adult.
(c) For purposes of this section, a person or entity takes, secretes, appropriates, obtains, or retains
real or personal property when an elder or dependent adult is deprived of any property right,
including by means of an agreement, donative transfer, or testamentary bequest, regardless of
whether the property is held directly or by a representative of an elder or dependent adult.
(d) For purposes of this section, "representative" means a person or entity that is either of the
following:
(1)A conservator,trustee, or other representative of the estate of an elder or dependent adult.
(2) An attorney-in-fact of an elder or dependent adult who acts within the authority of the
power of attorney.
Welfare and Institutions Code § 15610.43
(a) "Isolation" means any of the following:
(1)Acts intentionally committed for the purpose of preventing, and that do serve to prevent,
an elder or dependent adult from receiving his or her mail or telephone calls.
(2) Telling a caller or prospective visitor that an elder or dependent adult is not present, or
does not wish to talk with the caller, or does not wish to meet with the visitor where the
statement is false, is contrary to the express wishes of the elder or the dependent adult,
whether he or she is competent or not, and is made for the purpose of preventing the elder
or dependent adult from having contact with family, friends, or concerned persons.
(3) False imprisonment, as defined in Section 236 of the Penal Code.
(4) Physical restraint of an elder or dependent adult, for the purpose of preventing the elder
or dependent adult from meeting with visitors.
(b)The acts set forth in subdivision (a)shall be subject to a rebuttable presumption that they do not
constitute isolation if they are performed pursuant to the instructions of a physician and surgeon
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licensed to practice medicine in the state, who is caring for the elder or dependent adult at the
time the instructions are given, and who gives the instructions as part of his or her medical care.
(c) The acts set forth in subdivision (a) shall not constitute isolation if they are performed in
response to a reasonably perceived threat of danger to property or physical safe
Welfare and Institutions Code § 15610.57
(a) "Neglect" means either of the following:
(1)The negligent failure of any person having the care or custody of an elder or a dependent
adult to exercise that degree of care that a reasonable person in a like position would
exercise.
(2) The negligent failure of an elder or dependent adult to exercise that degree of self care
that a reasonable person in a like position would exercise.
(b) Neglect includes, but is not limited to, all of the following:
(1) Failure to assist in personal hygiene, or in the provision of food, clothing, or shelter.
(2) Failure to provide medical care for physical and mental health needs. No person shall be
deemed neglected or abused for the sole reason that he or she voluntarily relies on treatment
by spiritual means through prayer alone in lieu of medical treatment.
(3) Failure to protect from health and safety hazards.
(4) Failure to prevent malnutrition or dehydration.
(5) Failure of an elder or dependent adult to satisfy the needs specified in paragraphs (1) to
(4), inclusive, for himself or herself as a result of poor cognitive functioning, mental limitation,
substance abuse, or chronic poor health.
Welfare and Institutions Code § 15610.63
15610.63. "Physical abuse" means any of the following:
(a)Assault, as defined in Section 240 of the Penal Code.
(b) Battery, as defined in Section 242 of the Penal Code.
(c)Assault with a deadly weapon or force likely to produce great bodily injury, as defined in Section
245 of the Penal Code.
(d) Unreasonable physical constraint, or prolonged or continual deprivation of food or water.
(e) Sexual assault, that means any of the following:
(1) Sexual battery, as defined in Section 243.4 of the Penal Code.
(2) Rape, as defined in Section 261 of the Penal Code.
(3) Rape in concert, as described in Section 264.1 of the Penal Code.
(4) Spousal rape, as defined in Section 262 of the Penal Code.
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(5) Incest, as defined in Section 285 of the Penal Code.
(6) Sodomy, as defined in Section 286 of the Penal Code.
(7) Oral copulation, as defined in Section 287 or former Section 288a of the Penal Code.
(8) Sexual penetration, as defined in Section 289 of the Penal Code.
(9) Lewd or lascivious acts as defined in paragraph (2) of subdivision (b) of Section 288 of
the Penal Code.
(f) Use of a physical or chemical restraint or psychotropic medication under any of the following
conditions:
(1) For punishment.
(2)For a period beyond that for which the medication was ordered pursuant to the instructions
of a physician and surgeon licensed in the State of California, who is providing medical care
to the elder or dependent adult at the time the instructions are given.
(3) For any purpose not authorized by the physician and surgeon.
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PolicyFresno County Sheriff's Office
314 Policy Manual
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 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 any
other classification or status 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; making crude and offensive statements or remarks; making slurs
or off-colorjokes, stereotyping; engaging in threatening acts; making indecent gestures, pictures,
cartoons, posters, or material; making inappropriate physical contact; or using written material or
office equipment and/or systems to transmit or receive offensive material, statements, or pictures.
Such conduct is contrary to office policy and to a work environment that is free of discrimination.
314.3.2 RETALIATION
Retaliation is treating a person differently or engaging in acts of reprisal or intimidation
against the person because the person has engaged in protected activity, filed a charge of
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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 the member improve the
member's 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 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 memberwho is not comfortable with reporting
violations of this policy to the member's 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 Personnel Manager, or the County Administrative Officer.
Any member who believes, in good faith, that the member has been discriminated against,
harassed, or subjected to retaliation, or who has observed harassment, discrimination, or
retaliation, is encouraged to promptly report such conduct in accordance with the procedures set
forth in this policy.
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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 Personnel Manager,
the County Administrative Officer, or the California Department of Fair Employment and Housing
(DFEH) for further information, direction, or clarification (Government Code § 12950).
314.4.2 SUPERVISOR RESPONSIBILITIES
The responsibilities of supervisors and managers 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 their subordinates understand their responsibilities under this policy.
(d) Ensuring that members who make complaints or who oppose any unlawful
employment practices are protected from retaliation and that such matters are kept
confidential to the extent possible.
(e) Making a timely determination regarding the substance of any allegation based upon
all available facts.
(f) Notifying the Sheriff or Human 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'S ROLE
Supervisors and managers shall be aware of the following:
(a) Behavior of supervisors and managers should represent the values of the Office and
professional 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.
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
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discrimination, retaliation, or harassment shall be fully documented and promptly and thoroughly
investigated.
314.5.1 SUPERVISOR RESOLUTION
Members who believe they are experiencing discrimination, harassment, or retaliation should be
encouraged to inform the individual that the behavior is unwelcome, offensive, unprofessional,
or inappropriate. However, if the member feels uncomfortable or threatened or has difficulty
expressing the member's 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 supervisory resolution process, 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 an investigation.
Formal investigation of the complaint will be confidential to the extent possible and will include, but
is not limited to, details of the specific incident, frequency and dates of occurrences and names
of any witnesses. Witnesses will be advised regarding the prohibition against retaliation, and that
a disciplinary process, up to and including termination, may result if retaliation occurs.
Members who believe they have been discriminated against, harassed or retaliated against
because of their protected status, are encouraged to follow the chain of command but may also file
a complaint directly with the 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 against, 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:
• 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.
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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 STATE-REQUIRED TRAINING
The Training Manager should ensure that employees receive the required state training and
education regarding sexual harassment, prevention of abusive conduct, and harassment based
on gender identity, gender expression, and sexual orientation as follows (Government Code §
12950.1; 2 CCR 11024):
(a) Supervisory employees shall receive two hours of classroom or other effective
interactive training and education within six months of assuming a supervisory
position.
(b) All other employees shall receive one hour of classroom or other effective interactive
training and education within six months of their employment or sooner for seasonal
or temporary employees as described in Government Code § 12950.1.
(c) All employees shall receive refresher training every two years thereafter.
If the required training is to be provided by DFEH online training courses, the Training Manager
should ensure that employees are provided the link or website address to the training course
(Government Code § 12950).
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).
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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).
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PolicyFresno County Sheriff's Office
315 Policy Manual
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
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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.
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(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.
Q) 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.
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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.
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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
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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.
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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.
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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)
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• Missing person school notification form
• Medical records release form from the California Department of Justice
• California DOJ missing person forms as appropriate
• Biological sample collection kits
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.
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3. Any other evidence that may assist in the investigation, including personal
electronic devices (e.g., cell phones, computers).
(h) When circumstances permit and if appropriate, attempt to determine the missing
person's location through his/her telecommunications carrier.
(i) Contact the appropriate agency if the report relates to a previously made missing
person report and another agency is actively investigating that report. When this
is not practical, the information should be documented in an appropriate report for
transmission to the appropriate agency. If the information relates to an at-risk missing
person, the member should notify a supervisor and proceed with reasonable steps to
locate the missing person.
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 anotherjurisdiction(Penal
Code § 14211).
(b) Notify and forward a copy of the report to the law enforcement agency in whose
jurisdiction the missing person was last seen (Penal Code § 14211).
(c) Notify and forward a copy of the report to the law enforcement agency having
jurisdiction over the missing person's intended or possible destination, if known.
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(d) Forward a copy of the report to the Detective Bureau.
(e) Coordinate with the NCIC Terminal Contractor for California to have the missing
person record in the NCIC computer networks updated with additional information
obtained from missing person investigations (34 USC § 41308).
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 (34 USC § 41308).
(e) Should continue to make reasonable efforts to locate the missing person and
document these efforts at least every 30 days.
(f) Shall maintain a close liaison with state and local child welfare systems and the
National Center for Missing and Exploited Children® (NCMEC) if the missing person
is under the age of 21 and shall promptly notify NCMEC when the person is missing
from a foster care family home or childcare institution (34 USC § 41308).
(g) Should make appropriate inquiry with the Coroner.
(h) Should obtain and forward medical and dental records, photos, X-rays, and biological
samples pursuant to Penal Code § 14212 and Penal Code § 14250.
(i) Shall attempt to obtain the most recent photograph for persons under 18 years of
age if it has not previously been obtained and forward the photograph to California
DOJ (Penal Code § 14210) and enter the photograph into applicable missing person
networks (34 USC § 41308).
Q) Should consider making appropriate entries and searches in the National Missing and
Unidentified Persons System (NamUs).
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(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 § 566).
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.
(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.
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(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.
Q) Additional resources and specialized services.
(k) Update procedures for case information and descriptions.
(1) Preserving scenes.
(m) Internet and technology issues (e.g., Internet use, cell phone use).
(n) Media relations.
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PolicyFresno County Sheriff's Office
317 Policy Manual
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 TM Program is a voluntary partnership between law enforcement agencies,
broadcasters, transportation agencies and the wireless industry, to activate urgent bulletins in
child abduction cases.
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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'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 (MOPS)/National
Crime Information Center (NCIC).
(f) The following resources should be considered as circumstances dictate:
1. The local FBI office
2. National Center for Missing and Exploited Children (NCMEC)
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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.
(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
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Public Alerts
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 a public alert will generate a high volume of telephone calls to the handling agency.
The Sheriff's Department emergency communications facilities and staff can be made available
in the event of a high call volume.
If the Watch Commander or Detective Bureau Supervisor elects to use the services of the Sheriff's
Department, the following will apply:
(a) Notify the Sheriff's Department Watch Commander of the incident and the request for
assistance. He/she will provide you with a telephone number for the public to call.
(b) In the press release, direct the public to the telephone number provided by the Sheriff's
Department Watch Commander.
(c) The Public Information Officer will continue to handle all press releases and media
inquiries. Any press inquiries received by the Sheriff's Department will be referred
back to this office.
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The Fresno County Sheriff's Office shall assign a minimum of two detectives/deputies to respond
to the Sheriff's Department emergency communications facility to screen and relay information
and any clues received from incoming calls. As circumstances dictate, more staff resources from
the handling law enforcement agency may be necessary to assist the staff at the emergency
communications facility.
317.8 ADDITIONAL ALERTS FOR PUBLIC SAFETY EMERGENCIES
Additional public safety emergency alerts may be authorized that utilize wireless emergency alert
system (WEA) and emergency alert system (EAS) equipment for alerting and warning the public
to protect lives and save property (Government Code § 8593.7).
317.8.1 CRITERIA
Public safety emergency alerts may be issued to alert or warn the public about events including
but not limited to:
(a) Evacuation orders (including evacuation routes, shelter information, key information).
(b) Shelter-in-place guidance due to severe weather.
(c) Terrorist threats.
(d) HazMat incidents.
317.8.2 PROCEDURE
Public safety emergency alerts should be activated by following the guidelines issued by the Office
of Emergency Services (Government Code § 8593.7).
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•• Policy Manual
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 Sheriffs 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 Sheriff shall 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 Sheriffs 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 (CaIVCB) to crime victims, their
dependents, or family.Access to information or an application for victim compensation
shall not be denied based on the victim's or derivative victim's designation as a gang
member, associate, or affiliate, or on the person's documentation or immigration status
(Government Code § 13962; 2 CCR 649.35; 2 CCR 649.36).
(b) Responding to inquiries concerning the procedures for filing a claim with CaIVCB (2
CCR 649.36).
(c) Providing copies of crime reports requested by CaIVCB or victim witness assistance
centers. Disclosure of reports must comply with the Records Maintenance and
Release Policy.
(d) Annually providing CaIVCB with his/her contact information (Government Code §
13962).
(e) 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).
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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
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 (34 USC § 10449; 34 USC§20109; Penal Code§ 13823.95(a)).
(d) An explanation that victims of sexual assault who seek a standardized medical
evidentiary examination shall not be required to participate or agree to participate in
the criminal justice system, either prior to the examination or at any other time (Penal
Code § 13823.95(b)).
(e) An advisement that a person who was arrested may be released on bond or some
other form of release and that the victim should not rely upon an arrest as a guarantee
of safety.
(f) A clear explanation of relevant court orders and how they can be obtained.
(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.
Q) Resources available for victims of identity theft.
(k) A place for the deputy's name, badge number and any applicable case or incident
number.
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(1) The "Victims of Domestic Violence" card containing the names, phone numbers or
local county hotlines of local shelters for battered women and rape victim counseling
centers within the county and their 24-hour counseling service telephone numbers
(Penal Code § 264.2).
(m) The rights of sexual assault victims card with the required information as provided in
Penal Code § 680.2.
(n) Any additional information required by state law (Penal Code § 13701; Penal Code §
679.02; Penal Code § 679.04; Penal Code § 679.05; Penal Code § 679.026).
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.
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PolicyFresno County Sheriff's Office
319 Policy Manual
Hate Crimes
319.1 POLICY
The Fresno County Sheriff's Office recognizes and places a high priority on the rights of all
individuals guaranteed under the state and federal constitution and incorporated in state and
federal law.
319.2 PREVENTION AND PREPARATION
While it is recognized that not all crime can be prevented, this office is committed to taking a
proactive approach to preventing and preparing for likely hate crimes by:
(a) Making an affirmative effort to establish contact with persons and groups within the
community who are likely targets of hate crimes and forming networks that address
prevention and response.
(b) Accessing assistance by, among other things, activating the California Department of
Justice Hate Crime Rapid Response Protocol when necessary (See attachment: AC-
Rapid®Response®Team-Protocol.pdf ).
(c) Providing victim assistance and community follow-up as outlined below.
(d) Educating community and civic groups about hate crime laws.
(e) Establishing a community relations liaison to work with community organizations and
leaders to coordinate public meetings, local group meetings and school assemblies
on recognizing, preparing for and preventing hate crimes.
319.3 TRAINING
All members of this office will receive POST or STC approved training on hate crime recognition
and investigation as provided by Penal Code § 13519.6. Training should also include recognition
of bias motivators such as ranges of attitudes and perceptions toward a specific characteristic
or group.
319.4 INVESTIGATIONS
Whenever any member of this office receives a report of a suspected hate crime or other activity
that reasonably appears to involve a potential hate crime, the following should occur:
(a) Assigned members should promptly contact the victim, witness or reporting party to
investigate the matter further as circumstances may dictate
(b) A supervisor should be notified of the circumstances as soon as practical.
(c) Once in-progress aspects of any such situation have been stabilized (e.g., treatment
of victims, apprehension of suspects at the scene), the assigned member(s) should
take all reasonable steps to preserve evidence that establishes a possible hate crime.
(d) Based upon available information, the assigned member(s) should take appropriate
action to mitigate further injury or damage to potential victims or the community.
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1. Assigned member(s)should contact the property owner to remove any evidence
that cannot be physically removed (i.e., painted words or signs on a wall) by
the assigned member(s) once the offense is documented.
(e) The assigned member(s) should interview available witnesses, victims and others to
determine what circumstances, if any, indicate that the situation may involve a hate
crime.
1. No victim of or a witness to a hate crime who is not otherwise charged with
or convicted of a crime under state law may be detained for or turned over to
federal authorities exclusively for any actual or suspected immigration violation
(Penal Code § 422.93(b))
2. Statements of victims and witnesses should be audio or video recorded if
practicable (see the Portable Audio/Video Recorders Policy).
(f) Depending on the situation, the assigned members or supervisor may request
additional assistance from detectives or other resources.
(g) The assigned member(s)should include all available evidence indicating the likelihood
of a hate crime in the relevant reports. All related reports should be clearly marked as
"Hate Crimes" and, absent prior approval of a supervisor, should be completed and
submitted by the assigned member(s) before the end of the shift.
(h) The assigned member(s) will provide the victims of any suspected hate crime with a
brochure on hate crimes (Penal Code§422.92). Such brochures will also be available
to members of the general public upon request. The assigned member(s) should also
make reasonable efforts to assist the victims by providing available information on
local assistance programs and organizations.
(i) The assigned member(s) and supervisor should take reasonable steps to ensure that
any such situation does not escalate further and should provide information to the
victim regarding legal aid (e.g., Possible Temporary Restraining Order through the
District Attorney or County Counsel Penal Code § 136.2 or Civil Code § 52.1 as
indicated).
319.4.1 DETECTIVE BUREAU RESPONSIBILITY
If a hate crime case is assigned to the Detective Bureau,the assigned detective will be responsible
for:
(a) Coordinating further investigation with the District Attorney and other appropriate law
enforcement agencies.
(b) Maintaining contact with the victims and other involved individuals, as needed.
(c) Assist the Records Unit in maintaining statistical data and tracking on suspected hate
crimes as indicated for required reporting to the Attorney General (Penal Code §
13023). See the Records Unit Policy.
(d) Make reasonable efforts to identify additional witnesses.
(e) Utilize available criminal intelligence systems as appropriate (see Criminal
Organizations Policy).
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(f) Provide the supervisor and the Public Information Officer (PIO) with information that
can be responsibly reported to the media.
1. When appropriate, the PIO should reiterate that the hate crime will not be
tolerated and will be taken seriously.
319.4.2 SUPERVISOR RESPONSIBILITY
The supervisor should confer with the initial responding deputies to identify reasonable and
appropriate preliminary actions. The supervisor should:
(a) Review related reports to verify whether the incident is appropriately classified as a
hate crime for federal and state bias crime-reporting purposes.
(b) Notify other appropriate personnel in the chain of command, depending on the nature
and seriousness of the offense and its potential inflammatory and related impact on
the community.
(c) Consider the need for further action to be taken for the protection of the victims or
vulnerable sites, such as assigning a deputy at specific locations that could become
targets or increase neighborhood surveillance.
(d) Ensure that members who are responsible for the conduct and maintenance of
information on criminal groups are notified and that they make appropriate inquiries
and entries into criminal intelligence systems (see Criminal Organizations Policy).
319.5 APPENDIX
See attachments:
Statutes and Legal Requirements.pdf
Date Crime Checklist.pdf
319.6 TRAINING
All members of this office will receive POST-approved training on hate crime recognition and
investigation as provided by Penal Code § 13519.6. Training should include (Penal Code §
422.87):
(a) Recognition of bias motivators such as ranges of attitudes and perceptions toward a
specific characteristic or group, including disability bias and gender bias.
(b) Accurate reporting by deputies, including information on the general underreporting
of hate crimes.
(c) Distribution of hate crime brochures.
319.7 PURPOSE AND SCOPE
This policy is designed to assist in identifying and handling crimes motivated by hate or other bias
toward individuals and groups with legally defined protected characteristics, to define appropriate
steps for assisting victims, and to provide a guide to conducting related investigations. It outlines
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the general policy framework for prevention, response, accessing assistance, victim assistance
and follow-up, and reporting as related to law enforcement's role in handling hate crimes. It also
serves as a declaration that hate crimes are taken seriously and demonstrates how the Fresno
County Sheriffs Office may best use its resources to investigate and solve an offense, in addition
to building community trust and increasing police legitimacy (Penal Code § 13519.6).
319.7.1 DEFINITION AND LAWS
In accordance with Penal Code § 422.55; Penal Code § 422.56; Penal Code § 422.6; and Penal
Code§422.87, for purposes of all other state law, unless an explicit provision of law or the context
clearly requires a different meaning, the following shall apply:
Bias motivation - Bias motivation is a pre-existing negative attitude toward actual or perceived
characteristics referenced in Penal Code § 422.55. Depending on the circumstances of each
case, bias motivation may include but is not limited to hatred, animosity, resentment, revulsion,
contempt, unreasonable fear, paranoia, callousness, thrill-seeking, desire for social dominance,
desire for social bonding with those of one's "own kind," or a perception of the vulnerability of
the victim due to the victim being perceived as being weak, worthless, or fair game because of a
protected characteristic, including but not limited to disability or gender.
Disability - Disability includes mental disability and physical disability as defined in Government
Code § 12926, regardless of whether those disabilities are temporary, permanent, congenital, or
acquired by heredity, accident, injury, advanced age, or illness.
Disability bias - In recognizing suspected disability-bias hate crimes, deputies should consider
whether there is any indication that the perpetrator was motivated by hostility or other bias,
occasioned by factors such as but not limited to dislike of persons who arouse fear or guilt, a
perception that persons with disabilities are inferior and therefore "deserving victims," a fear of
persons whose visible traits are perceived as being disturbing to others, or resentment of those
who need, demand, or receive alternative educational, physical, or social accommodations.
In recognizing suspected disability-bias hate crimes, deputies should consider whether there is
any indication that the perpetrator perceived the victim to be vulnerable and, if so, if this perception
is grounded, in whole or in part, in anti-disability bias. This includes but is not limited to situations
where a perpetrator targets a person with a particular perceived disability while avoiding other
vulnerable-appearing persons, such as inebriated persons or persons with perceived disabilities
different from those of the victim. Such circumstances could be evidence that the perpetrator's
motivations included bias against persons with the perceived disability of the victim and that the
crime must be reported as a suspected hate crime and not a mere crime of opportunity.
Gender- Gender means sex and includes a person's gender identity and gender expression.
Gender expression - Gender expression means a person's gender-related appearance and
behavior, whether or not stereotypically associated with the person's assigned sex at birth.
Gender identity- Gender identity means each person's internal understanding of their gender, or
the perception of a person's gender identity, which may include male, female, a combination of
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male and female, neither male nor female, a gender different from the person's sex assigned at
birth, or transgender (2 CCR § 11030).
Hate crime - "Hate crime" includes but is not limited to a violation of Penal Code § 422.6, and
means a criminal act committed, in whole or in part, because of one or more of the following actual
or perceived characteristics of the victim:
(a) Disability
(b) Gender
(c) Nationality
(d) Race or ethnicity
(e) Religion
(f) Sexual orientation
(g) Association with a person or group with one or more of these actual or perceived
characteristics:
1. "Association with a person or group with these actual or perceived
characteristics" includes advocacy for, identification with, or being on the ground
owned or rented by, or adjacent to, any of the following: a community center,
educational facility, family, individual, office, meeting hall, place of worship,
private institution, public agency, library, or other entity, group, or person that
has, or is identified with people who have, one or more of those characteristics
listed in the definition of"hate crime" under paragraphs 1 to 6, inclusive, of Penal
Code § 422.55(a).
Note: A "hate crime" need not be motivated by hate but may be motivated by any bias against
a protected characteristic.
Hate incident - A hate incident is an action or behavior motivated by hate or bias but legally
protected by the First Amendment right to freedom of expression. Examples of hate incidents
include:
• Name-calling
• Insults and epithets
• Distributing hate material in public places
• Displaying hate material on your own property
Hate speech - The First Amendment to the U.S. Constitution protects most speech, even when
it is disagreeable, offensive, or hurtful. The following types of speech are generally not protected:
• Fighting words
• True threats
• Perjury
• Blackmail
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• Incitement to lawless action
• Conspiracy
• Solicitation to commit any crime
In whole or in part - "In whole or in part because of" means that the bias motivation must be
a cause in fact of the offense whether or not other causes also exist. When multiple concurrent
motives exist, the prohibited bias must be a substantial factor in bringing about the particular
result. There is no requirement that the bias be a main factor, or that a crime would not have been
committed but for the actual or perceived characteristic.
Nationality - Nationality includes citizenship, country of origin, and national origin.
Race or ethnicity - Race or ethnicity includes ancestry, color, and ethnic background.
Religion - Religion includes all aspects of religious belief, observance, and practice and includes
agnosticism and atheism.
Sexual orientation - Sexual orientation means heterosexuality, homosexuality, or bisexuality.
Victim -Victim includes but is not limited to:
• Community center
• Educational facility
• Entity
• Family
• Group
• Individual
• Office
• Meeting hall
• Person
• Place of worship
• Private institution
• Public agency
• Library
• Other victim or intended victim of the offense
319.8 POLICY
It is the policy of this office to safeguard the rights of all individuals irrespective of their disability,
gender, nationality, race or ethnicity, religion, sexual orientation, and/or association with a person
or group with one or more of these actual or perceived characteristics. Any acts or threats of
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violence, property damage, harassment, intimidation, or other crimes motivated by hate or bias
should be viewed very seriously and given high priority.
This office will employ reasonably available resources and vigorous law enforcement action to
identify and arrest hate crime perpetrators. Also, recognizing the particular fears and distress
typically suffered by victims, the potential for reprisal and escalation of violence, and the far-
reaching negative consequences of these crimes on the community, this office should take all
reasonable steps to attend to the security and related concerns of the immediate victims and their
families as feasible.
All deputies are required to be familiarwith the policy and use reasonable diligence to carry out the
policy unless directed by the Sheriff or other command-level officer to whom the Sheriff formally
delegates this responsibility.
319.9 PLANNING AND PREVENTION
In order to facilitate the guidelines contained within this policy, office members will continuously
work to build and strengthen relationships with the community, engage in dialogue, and provide
education to the community about this policy. Office personnel are also encouraged to learn about
the inherent issues concerning their communities in relation to hate crimes.
Although hate incidents are not criminal events, they can be indicators of, or precursors to, hate
crimes. Hate incidents should be investigated and documented as part of an overall strategy to
prevent hate crimes.
319.9.1 HATE CRIMES COORDINATOR
A office member appointed by the Sheriff or the authorized designee will serve as the Hate Crimes
Coordinator. The responsibilities of the Hate Crimes Coordinator should include but not be limited
to (Penal Code § 422.87):
(a) Meeting with residents in target communities to allay fears; emphasizing the office's
concern over hate crimes and related incidents; reducing the potential for counter-
violence; and providing safety, security, and crime-prevention information. Cultural
diversity education and immersion programs (if available)could facilitate this process.
(b) Finding, evaluating, and monitoring public social media sources to identify possible
suspects in reported hate crimes; to identify suspects or suspect groups in future hate
crimes or hate incidents affecting individuals, groups, or communities that may be
victimized; and to predict future hate-based events.
(c) Providing direct and referral assistance to the victim and the victim's family.
(d) Conducting public meetings on hate crime threats and violence in general.
(e) Establishing relationships with formal community-based organizations and leaders.
(f) Expanding, where appropriate, preventive programs such as hate, bias, and crime-
reduction seminars for students.
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(g) Reviewing the Attorney General's latest opinion on hate crime statistics and targets in
order to prepare and plan for future crimes, specifically for Arab/Middle Eastern and
Muslim communities (Penal Code § 13519.6(b)(8)).
(h) Providing orientation of and with communities of specific targeted victims such as
immigrants, Muslims, Arabs, LGBTQ, black or African-American, Jewish, Sikh, and
persons with disabilities.
(i) Coordinating with the Training Manager to include in a training plan recognition of
hate crime bias characteristics, including information on general underreporting of hate
crimes.
Q) Verifying a process is in place to provide this policy and related orders to deputies
in the field; and taking reasonable steps to rectify the situation if such a process is
not in place.
(k) Taking reasonable steps to ensure hate crime data is provided to the Records Unit for
mandated reporting to the Department of Justice.
(1) Reporting any suspected multi-mission extremist crimes to the agency Terrorism
Liaison Officer, the assigned designee, or other appropriate resource; and verifying
that such data is transmitted to the Joint Regional Information Exchange System in
accordance with the protocols of the Records Unit Policy.
(m) Maintaining the office's supply of up-to-date hate crimes brochures (Penal Code §
422.92; Penal Code § 422.87).
(n) Annually assessing this policy, including:
1. Keeping abreast of the Commission on Peace Officer Standards and Training
(POST) model policy framework for hate crimes for revisions or additions,
including definitions, responsibilities, training resources, and planning and
prevention methods.
2. Analysis of the office's data collection as well as the available outside data (e.g.,
annual California Attorney General's report on hate crime)in preparation for and
response to future hate crimes.
319.9.2 RELEASE OF INFORMATION
Establishing a relationship with stakeholders, before any incident occurs, to develop a network
and protocol for disclosure often assists greatly in any disclosure.
The benefit of public disclosure of hate crime incidents includes:
(a) Dissemination of correct information.
(b) Assurance to affected communities or groups that the matter is being properly and
promptly investigated.
(c) The ability to request information regarding the commission of the crimes from the
victimized community.
Information or records relating to hate crimes subject to public disclosure shall be released as
provided by the Records Maintenance and Release Policy or as allowed by law. In accordance
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with the Media Relations Policy, the supervisor, public information officer, or the authorized
designee should be provided with information that can be responsibly reported to the media.When
appropriate, the office spokesperson should reiterate that hate crimes will not be tolerated, will be
investigated seriously, and will be prosecuted to the fullest extent of the law.
The Office should consider the following when releasing information to the public regarding hate
crimes and hate incidents that have been reported within the jurisdiction:
• Inform community organizations in a timely manner when a community group has
been the target of a hate crime.
• Inform the community of the impact of these crimes on the victim, the victim's family,
and the community, and of the assistance and compensation available to victims.
• Inform the community regarding hate crime law and the legal rights of, and remedies
available to, victims of hate crimes.
• Provide the community with ongoing information regarding hate crimes and/or hate
incidents.
319.10 RESPONSE, VICTIM ASSISTANCE, AND FOLLOW-UP
319.10.1 SUPERVISION
The supervisor shall confer with the initial responding deputy and take reasonable steps to ensure
that necessary preliminary actions have been taken. The supervisor shall request any appropriate
personnel necessary to accomplish the following:
(a) Provide immediate assistance to the crime victim by:
1. Expressing the office's official position on the importance of these cases and the
measures that will be taken to apprehend the perpetrators.
2. Expressing the office's interest in protecting victims' anonymity (confidentiality
forms, Government Code § 6254) to the extent reasonably possible. Allow the
victims to convey their immediate concerns and feelings.
3. Identifying individuals or agencies that may provide victim assistance and
support. Local victim assistance resources may include family members or
close acquaintances, clergy, or a office chaplain, as well as community service
agencies that provide shelter, food, clothing, child care, or other related services
(per Penal Code § 422.92).
(b) Take reasonable steps to ensure that all relevant facts are documented on an incident
and/or arrest report and make an initial determination as to whether the incident should
be classified as a hate crime for federal and state bias-crimes reporting purposes.
(c) Notify other appropriate personnel in the chain of command, depending on the nature
and seriousness of the offense and its potential inflammatory and related impact on
the community.
(d) In cases of large-scale hate crime waves, or in circumstances where the potential
exists for subsequent hate crimes or incidents, consider directing resources to protect
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vulnerable sites (such as assigning a deputyto specific locations that could become
targets).
(e) Verify hate crimes are being properly reported, including reporting to the Department
of Justice, pursuant to Penal Code § 13023.
(f) Verify adherence to Penal Code § 422.93, which protects hate crime victims and
witnesses from being reported to federal immigration authorities if they have not
committed any crime under state law. Supervisors should also be aware of the
immigration remedies available to victims of crime (e.g., U-Visa, T-Visa, S-Visa).
(g) Respond to and properly initiate an investigation of any reports of hate crimes
committed under the color of authority.
(h) Provide appropriate assistance, including activating the California Department of
Justice hate crime rapid response protocol if necessary. For additional information
refer to the California Department of Justice website.
(i) Verify reporting of any suspected multi-mission extremist crimes to the agency Hate
Crimes Coordinator.
Q) Make a final determination as to whether the incident should be classified as a hate
crime and forward to the Sheriff for approval.
319.10.2 INVESTIGATION
Investigators at the scene of, or performing follow-up investigation on, a suspected hate or bias
crime or hate incident should take all actions deemed reasonably necessary, including but not
limited to the following:
(a) Consider typologies of perpetrators of hate crimes and incidents, including but not
limited to thrill, reactive/defensive, and mission (hard core).
(b) Utilize investigative techniques and methods to handle hate crimes or hate incidents
in a professional manner.
(c) Utilize proper techniques for interviewing people with disabilities and be aware of
and provide appropriate accommodations (e.g., ADA standards, Braille, visuals,
translators for the deaf or hard of hearing).
(d) Properly investigate any report of a hate crime committed under the color of authority
per Penal Code § 422.6 and Penal Code § 13519.6.
(e) Document physical evidence or indicators of hate crimes, in accordance with the
provisions of the Property and Evidence Policy, such as:
1. Hate literature.
2. Spray paint cans.
3. Threatening letters.
4. Symbols used by hate groups.
5. Desecration of religious symbols, objects, or buildings.
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(f) Request the assistance of translators or interpreters when needed to establish
effective communication.
(g) Conduct a preliminary investigation and record information regarding:
1. Identity of suspected perpetrators.
2. Identity of witnesses, including those no longer at the scene.
3. Offer of victim confidentiality per Government Code § 5264.
4. Prior occurrences, in this area or with this victim.
5. Statements made by suspects; exact wording is critical.
6. Document the victim's protected characteristics.
(h) Provide victim assistance and follow-up.
(i) Canvass the area for additional witnesses.
Q) Examine suspect's social media activity for potential evidence of bias motivation.
(k) Coordinate the investigation with office, state, and regional intelligence operations.
These sources can provide the investigator with an analysis of any patterns, organized
hate groups, and suspects potentially involved in the offense.
(1) Coordinate the investigation with the crime scene investigation unit (if applicable) or
other appropriate units of the Office.
(m) Determine if the incident should be classified as a hate crime.
(n) Take reasonable steps to provide appropriate assistance to hate crime victims,
including the following measures:
1. Contact victims periodically to determine whether they are receiving adequate
and appropriate assistance.
2. Provide ongoing information to victims about the status of the criminal
investigation.
3. Provide victims and any other interested persons the brochure on hate crimes
per Penal Code § 422.92 and information on any local advocacy groups (if
asked).
(o) Document any suspected multi-mission extremist crimes.
(p) Coordinate with other law enforcement agencies in the area to assess patterns of hate
crimes and/or hate incidents, and determine if organized hate groups are involved.
319.10.3 INITIAL RESPONSE
First responding deputies should know the role of all office personnel as they relate to the office's
investigation of hate crimes and/or incidents. Responding deputies should evaluate the need
for additional assistance and, working with supervision and/or investigations, access needed
assistance if applicable.
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At the scene of a suspected hate or bias crime, deputies should take preliminary actions
reasonably deemed necessary, including but not limited to the following:
(a) Use agency checklist (per Penal Code § 422.87) to assist in the investigation of any
hate crime (see Appendix).
(b) Stabilize the victims and request medical attention when necessary.
(c) Properly protect the safety of victims, witnesses, and perpetrators.
1. Assist victims in seeking a Temporary Restraining Order (if applicable).
(d) Notify other appropriate personnel in the chain of command, depending on the nature
and seriousness of the offense and its potential inflammatory and related impact on
the community.
(e) Properly protect, preserve, and process the crime scene, and remove all physical
evidence of the incident as soon as possible after the offense is documented. If
evidence of an inflammatory nature cannot be physically removed, the property owner
should be contacted to facilitate removal or covering as soon as reasonably possible.
Office personnel should follow up with the property owner to determine if this was
accomplished in a timely manner.
(f) Collect and photograph physical evidence or indicators of hate crimes such as:
1. Hate literature.
2. Spray paint cans.
3. Threatening letters.
4. Symbols used by hate groups.
(g) Identify criminal evidence on the victim.
(h) Request the assistance of translators or interpreters when needed to establish
effective communication with witnesses, victims, or others as appropriate.
(i) Conduct a preliminary investigation and record pertinent information including but not
limited to:
1. Identity of suspected perpetrators.
2. Identity of witnesses, including those no longer at the scene.
3. The offer of victim confidentiality per Government Code § 5264.
4. Prior occurrences in this area or with this victim.
5. Statements made by suspects; exact wording is critical.
6. The victim's protected characteristics and determine if bias was a motivation "in
whole or in part" in the commission of the crime.
Q) Adhere to Penal Code§422.93,which protects hate crime victims and witnesses from
being reported to federal immigration authorities if they have not committed any crime
under state law.
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(k) Provide information regarding immigration remedies available to victims of crime(e.g.,
U-Visa, T-Visa, S-Visa).
(1) Provide the office's Hate Crimes Brochure (per Penal Code § 422.92) if asked, if
necessary, or per policy.
(m) Utilize proper techniques for interviewing people with disabilities and be aware of
and provide appropriate accommodations (e.g., ADA standards, Braille, visuals,
translators for the deaf or hard of hearing).
(n) Document any suspected multi-mission extremist crimes.
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PolicyFresno County Sheriff's Office
' Policy Manual
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.
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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.
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320.5.2 ETHICS
(a) Using or disclosing one's status as a member of the Fresno County Sheriffs 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.
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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.
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(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.
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(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.
Q) 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.
(1) 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.
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(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.
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PolicyFresno County Sheriff's Office
321 Policy Manual
Information Technology Use
321.1 PURPOSE AND SCOPE
The purpose of this policy is to provide guidelines for the proper use of office information
technology resources, including computers, electronic devices, hardware, software and systems.
321.1.1 DEFINITIONS
Definitions related to this policy include:
Computer system -All computers (on-site and portable), electronic devices, hardware, software,
and resources owned, leased, rented or licensed by the Fresno County Sheriff's Office that are
provided for official use by its members. This includes all access to, and use of, Internet Service
Providers (ISP) or other service providers provided by or through the Office or office funding.
Hardware - Includes, but is not limited to, computers, computer terminals, network equipment,
electronic devices, telephones, including cellular and satellite, pagers, modems or any other
tangible computer device generally understood to comprise hardware.
Software - Includes, but is not limited to, all computer programs, systems and applications,
including shareware. This does not include files created by the individual user.
Temporary file, permanent file or file - Any electronic document, information or data residing
or located, in whole or in part, on the system including, but not limited to, spreadsheets, calendar
entries, appointments, tasks, notes, letters, reports, messages, photographs or videos.
321.2 POLICY
It is the policy of the Fresno County Sheriffs Office that members shall use information technology
resources, including computers, software and systems,that are issued or maintained by the Office
in a professional manner and in accordance with this policy.
321.3 PRIVACY EXPECTATION
Members forfeit any expectation of privacy with regard to emails, texts, or anything published,
shared, transmitted, or maintained through file-sharing software or any internet site that is
accessed, transmitted, received, or reviewed on any office computer system.
The Office reserves the right to access, audit, and disclose, for whatever reason, any message,
including attachments, and any information accessed, transmitted, received, or reviewed over any
technology that is issued or maintained by the Office, including the office email system, computer
network, and/or any information placed into storage on any office system or device. This includes
records of all keystrokes or Web-browsing history made at any office computer or over any office
network. The fact that access to a database, service, or website requires a username or password
will not create an expectation of privacy if it is accessed through office computers, electronic
devices, or networks.
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The Office shall not require a member to disclose a personal username or password for
accessing personal social media or to open a personal social website; however, the Office may
request access when it is reasonably believed to be relevant to the investigation of allegations of
work-related misconduct (Labor Code § 980).
321.4 RESTRICTED USE
Members shall not access computers, devices, software or systems for which they have not
received prior authorization, the required training or within the course and scope of their official
responsibilities. Members shall immediately report unauthorized access or use of computers,
devices, software or systems by another member to their supervisors or Watch Commanders.
Members shall not access,view or distribute, or allow anyone else to access,view or distribute any
record, file or report, whether hard copy or electronic file format, except in accordance with office
policy and with a legitimate law enforcement or business purpose or as otherwise permissible by
law. Any record, file or report, whether hard copy or electronic file format, may be shared with
a representative to assist in the representation of an individual involved in an investigatory or
disciplinarily matter.
Members shall not use another person's access passwords, logon information and other individual
security data, protocols and procedures unless directed to do so by a supervisor.
321.4.1 SOFTWARE
Members shall not copy or duplicate any copyrighted or licensed software except for a single copy
for backup purposes in accordance with the software company's copyright and license agreement.
To reduce the risk of a computer virus or malicious software, members shall not install any
unlicensed or unauthorized software on any office computer. Members shall not install personal
copies of any software onto any office computer.
When related to criminal investigations, software program files may be downloaded only with the
approval of the information systems technology (IT) staff and with the authorization of the Sheriff
or the authorized designee.
No member shall knowingly make, acquire or use unauthorized copies of computer software that
is not licensed to the Office while on office premises, computer systems or electronic devices.
Such unauthorized use of software exposes the Office and involved members to severe civil and
criminal penalties.
Introduction of software by members should only occur as part of the automated maintenance or
update process of office- or County-approved or installed programs by the original manufacturer,
producer or developer of the software.
Any other introduction of software requires prior authorization from IT staff and a full scan for
malicious attachments.
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321.4.2 HARDWARE
Access to technology resources provided by or through the Office shall be strictly limited to office-
related activities. Data stored on or available through office computer systems shall only be
accessed by authorized members who are engaged in an active investigation or assisting in an
active investigation, or who otherwise have a legitimate law enforcement or office-related purpose
to access such data. Any exceptions to this policy must be approved by a supervisor.
321.4.3 INTERNET USE
Internet access provided by or through the Office shall be strictly limited to office-related activities.
Internet sites containing information that is not appropriate or applicable to office use and which
shall not be intentionally accessed include but are not limited to adult forums, pornography,
gambling, chat rooms, and similar or related internet sites. Certain exceptions may be permitted
with the express approval of a supervisor as a function of a member's assignment.
Downloaded information shall be limited to messages, mail, and data files.
321.4.4 OFF-DUTY USE
Members using technology resources provided by the Office while off duty shall only be
compensated when it is authorized by a supervisor. This includes answering work related emails,
phone calls and text messages. This also applies to personally owned devices that are used to
access office resources.
Refer to the Personal Communication Devices Policy for guidelines regarding off-duty use of
personally owned technology.
321.5 PROTECTION OF AGENCY SYSTEMS AND FILES
All members have a duty to protect the computer system and related systems and devices from
physical and environmental damage and are responsible for the correct use, operation, care, and
maintenance of the computer system.
Members shall ensure office computers and access terminals are not viewable by persons who are
not authorized users. Computers and terminals should be secured, users logged off and password
protections enabled whenever the user is not present. Access passwords, Iogon information, and
other individual security data, protocols, and procedures are confidential information and are not
to be shared. Password length, format, structure, and content shall meet the prescribed standards
required by the computer system or as directed by a supervisor and shall be changed at intervals
as directed by IT staff or a supervisor.
It is prohibited for a member to allow an unauthorized user to access the computer system at any
time or for any reason. Members shall promptly report any unauthorized access to the computer
system or suspected intrusion from outside sources (including the internet) to a supervisor.
321.6 INSPECTION OR REVIEW
A supervisor or the authorized designee has the express authority to inspect or review the
computer system, all temporary or permanent files, related electronic systems or devices, and any
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contents thereof,whether such inspection or review is in the ordinary course of his/her supervisory
duties or based on cause.
Reasons for inspection or review may include, but are not limited to, computer system
malfunctions, problems or general computer system failure, a lawsuit against the Office involving
one of its members or a member's duties, an alleged or suspected violation of any office policy, a
request for disclosure of data, or a need to perform or provide a service.
The IT staff may extract, download or otherwise obtain any and all temporary or permanent files
residing or located in or on the office computer system when requested by a supervisor or during
the course of regular duties that require such information.
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Policy Fresno County Sheriff's Office
322 Policy Manual
Use of Social Media on Behalf of the Office
322.1 PURPOSE AND SCOPE
This policy provides guidelines to ensure that any use of social media on behalf of the Office is
consistent with the office mission.
This policy does not address all aspects of social media use. Specifically, it does not address:
• Personal use of social media by office members.
• Use of social media in personnel processes.
• Use of social media as part of a criminal investigation, other than disseminating
information to the public on behalf of this office.
322.1.1 DEFINITIONS
Definitions related to this policy include:
Social media-Any of a wide array of Internet-based tools and platforms that allow for the sharing
of information, such as the office website or social networking services
322.2 POLICY
The Fresno County Sheriffs Office may use social media as a method of effectively informing the
public about office services, issues, investigations and other relevant events.
Office members shall ensure that the use or access of social media is done in a manner that
protects the constitutional rights of all.
322.3 AUTHORIZED USERS
Only members authorized by the Sheriff or the authorized designee may utilize social media on
behalf of the Office. Authorized members shall use only office-approved equipment during the
normal course of duties to post and monitor office-related social media, unless they are specifically
authorized to do otherwise by their supervisors.
The Sheriff may develop specific guidelines identifying the type of content that may be posted.
Any content that does not strictly conform to the guidelines should be approved by a supervisor
prior to posting.
Requests to post information over office social media by members who are not authorized to post
should be made through the member's chain of command.
322.4 AUTHORIZED CONTENT
Only content that is appropriate for public release, that supports the office mission and conforms
to all office policies regarding the release of information may be posted.
Examples of appropriate content include:
(a) Announcements.
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(b) Tips and information related to crime prevention.
(c) Investigative requests for information.
(d) Requests that ask the community to engage in projects that are relevant to the office
mission.
(e) Real-time safety information that is related to in-progress crimes, geographical
warnings or disaster information.
(f) Traffic information.
(g) Press releases.
(h) Recruitment of personnel.
322.4.1 INCIDENT-SPECIFIC USE
In instances of active incidents where speed, accuracy and frequent updates are paramount
(e.g., crime alerts, public safety information, traffic issues), the Public Information Officer or the
authorized designee will be responsible for the compilation of information to be released, subject
to the approval of the Incident/Watch Commander.
322.5 PROHIBITED CONTENT
Content that is prohibited from posting includes, but is not limited to:
(a) Content that is abusive, discriminatory, inflammatory or sexually explicit.
(b) Any information that violates individual rights, including confidentiality and/or privacy
rights and those provided under state, federal or local laws.
(c) Any information that could compromise an ongoing investigation.
(d) Any information that could tend to compromise or damage the mission, function,
reputation or professionalism of the Fresno County Sheriffs Office or its members.
(e) Any information that could compromise the safety and security of office operations,
members of the Office, victims, suspects or the public.
(f) Any content posted for personal use.
(g) Any content that has not been properly authorized by this policy or a supervisor.
Any member who becomes aware of content on this office's social media site that he/she
believes is unauthorized or inappropriate should promptly report such content to a supervisor. The
supervisor will ensure its removal from public view and investigate the cause of the entry.
322.5.1 PUBLIC POSTING
The Office may provide a method for members of the public to provide comment on Office social
media sites. Where possible, the social media site shall:
(a) Provide a disclaimer regarding comments and advertisements that may appear on the
site.
(b) Indicate that the opinions expressed by visitors to the page(s) do not reflect the
opinions of the Sheriffs Office.
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(c) Indicate that posted comments will be monitored and that comments containing
abusive, profane or vulgar language; offensive language targeting any race, religion,
or protected class of individuals; off-topic comments; and personal attacks will be
removed.
322.6 MONITORING CONTENT
The Sheriff will appoint a supervisor to review, at least annually, the use of office social media
and report back on, at a minimum, the resources being used, the effectiveness of the content, any
unauthorized or inappropriate content and the resolution of any issues.
322.7 RETENTION OF RECORDS
The Administrative Services Director should work with the Custodian of Records to establish a
method of ensuring that public records generated in the process of social media use are retained
in accordance with established records retention schedules.
322.8 TRAINING
Authorized members should receive training that, at a minimum, addresses legal issues
concerning the appropriate use of social media sites, as well as privacy, civil rights, dissemination
and retention of information posted on office sites.
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PolicyFresno County Sheriff's Office
323 Policy Manual
Report Preparation
323.1 PURPOSE AND SCOPE
Report preparation maybe 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
Employees should ensure that reports are sufficiently detailed for their purpose and free from
errors prior to submission. It is the responsibility of the assigned employee to complete and submit
all reports taken during the shift before going off-duty unless permission to hold the report has
been approved by a supervisor. Generally, reports requiring prompt follow-up action on active
leads, or arrest reports where the suspect remains in custody should not be held.
Handwritten reports must be prepared legibly. If the report is not legible, the submitting employee
will be required by the reviewing supervisor to promptly make corrections and resubmit the report.
Employees who dictate reports shall use appropriate grammar, as content is not the responsibility
of the typist. Employees who generate reports on computers are subject to all requirements of
this policy.
All reports shall accurately reflect the identity of the persons involved, all pertinent information
seen, heard or assimilated by any other sense, and any actions taken. Employees shall not
suppress, conceal or distort the facts of any reported incident, nor shall any employee make a false
report orally or in writing. Generally, the reporting employee's opinions should not be included in
reports unless specifically identified as such.
323.2 REQUIRED REPORTING
Written reports are required in all of the following situations on the appropriate office 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
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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
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(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 office 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 as required by CDPH (Penal Code §23685).
323.2.7 ALTERNATE REPORTING FOR VICTIMS
Reports that may be submitted by the public via online or other self-completed reporting processes
include:
(a) Lost property.
(b) Misdemeanor thefts of property, other than firearms or materials that threaten public
safety, when there is no suspect information, serial number or ability to trace the item.
1. Misdemeanor thefts of cellular telephones may be reported even though they
have a serial number.
(c) Misdemeanor vandalism with no suspect information and no hate crime implications.
(d) Vehicle burglaries with no suspect information or evidence.
(e) Stolen vehicle attempts with no suspect information or evidence.
(f) Annoying telephone calls with no suspect information.
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(g) Identity theft without an identifiable suspect.
(h) Online or email fraud solicitations without an identifiable suspect and if the financial
loss classifies the crime as a misdemeanor.
(i) Hit-and-run vehicle collisions with no suspect or suspect vehicle.
Q) Supplemental property lists.
Members at the scene of one of the above incidents should not refer the reporting party to an
alternate means of reporting without authorization from a supervisor. Members may refer victims
to online victim assistance programs (e.g., Federal Communications Commission (FCC) website
for identity theft, Internet Crime Complaint Center (IC3)website for computer crimes).
323.3 GENERAL POLICY OF EXPEDITIOUS REPORTING
In general, all deputies and supervisors shall act with promptness and efficiency in the preparation
and processing of all reports.An incomplete report, unorganized reports or reports delayed without
supervisory approval are not acceptable. Reports shall be processed according to established
priorities or according to special priority necessary under exceptional circumstances.
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.
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.
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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.
Any member who goes on scene of a homicide or is assigned to a specific assignment
(surveillance, writing a search warrant, etc.) related to a homicide shall write a report. Unless
approved by a supervisor, these reports shall be submitted 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.
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
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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.
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PolicyFresno County Sheriff's Office
324 Policy Manual
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
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coordinated through the office Public Information Officer or other designated
spokesperson.
2. Wheneverthe 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
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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.
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PolicyFresno County Sheriff's Office
325 Policy Manual
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 Sheriffs 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.
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(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 Sheriffs 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.
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(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.
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• Policy Manual
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.
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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
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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 11 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.
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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.
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PolicyFresno County Sheriff's Office
327 Policy Manual
Outside Agency Assistance
327.1 PURPOSE AND SCOPE
The purpose of this policy is to provide guidance to members when requesting or responding to
a request for mutual aid or when assisting another law enforcement agency.
327.2 POLICY
It is the policy of the Fresno County Sheriffs Office to promptly respond to requests for assistance
by other law enforcement agencies, subject to available resources and consistent with the
applicable laws and policies of this office.
327.3 ASSISTING OUTSIDE AGENCIES
Generally, requests for any type of assistance from another agency are routed to the Watch
Commander's office for approval.
When another law enforcement agency requests assistance from this office, members should,
when practical, obtain supervisory approval prior to responding.
Arrestees may be temporarily detained by this office until arrangements for transportation
are made by the outside agency. Only in exceptional circumstances will this office provide
transportation of arrestees to other facilities on behalf of another agency.
327.4 REQUESTING OUTSIDE ASSISTANCE
If assistance is needed from another agency, the member requesting assistance should, if
practicable, first notify a supervisor. The handling member or supervisor should direct assisting
personnel to where they are needed and to whom they should report when they arrive.
The requesting member should arrange for appropriate radio communication capabilities, if
necessary and available, so that communication can be coordinated between assisting personnel.
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PolicyFresno County Sheriff's Office
•• Policy Manual
Registered Offender Information
328.1 PURPOSE AND SCOPE
This policy establishes guidelines by which the Fresno County Sheriff's Office will address issues
associated with certain offenders who are residing in the jurisdiction and how the Office will
disseminate information and respond to public inquiries for information about registered sex, arson
and drug offenders.
328.2 POLICY
It is the policy of the Fresno County Sheriff's Office to identify and monitor registered offenders
living within this jurisdiction and to take reasonable steps to address the risks those persons may
pose.
328.3 REGISTRATION
The Sex Crimes supervisor shall establish a process to reasonably accommodate registration of
certain offenders. The process should rebut any allegation on the part of the offender that the
registration process was too confusing, burdensome or difficult for compliance. If it is reasonable
to do so, an investigator assigned to related investigations should conduct the registration in order
to best evaluate any threat the person may pose to the community. Those assigned to register
offenders should receive appropriate training regarding the registration process.
Upon conclusion of the registration process, the investigator shall ensure that the registration
information is provided to the California Department of Justice(DOJ)in accordance with applicable
law (Penal Code § 457.1; Penal Code § 290 et seq.).
The refusal of a registrant to provide any of the required information or complete the process
should initiate a criminal investigation for failure to register.
328.3.1 CONTENTS OF REGISTRATION
The information collected from the registering offenders shall include a signed statement as
required by the California DOJ, fingerprints and a photograph, and any other information required
by applicable law (Penal Code § 457.1; Penal Code § 290 et seq.).
328.4 MONITORING OF REGISTERED OFFENDERS
The Sex Crimes supervisor should establish a system to periodically, and at least once annually,
verify that a registrant remains in compliance with his/her registration requirements after the initial
registration. This verification should include:
(a) Physical verification of residency by detectives.
(b) Review of information on the California DOJ website for sex offenders.
(c) Contact with a registrant's parole or probation officer.
Any discrepancies should be reported to the California DOJ.
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The Sex Crimes supervisor should also establish a procedure to routinely disseminate information
regarding registered offenders to Fresno County Sheriff's Office personnel, including timely
updates regarding new or relocated registrants.
In the event that a registered offender is contacted out in the field by a deputy and the registered
offender is not in compliance with current registration information and does not have an arrest
warrant, the Abuse Unit supervisor or PC290 detective should be contacted to determine if an
arrest should be made.
When a registered offender is contacted and gives an address that is different than their registered
address, deputies shall complete a field interview documenting how long he/she has been living
at the current address and forward to the Abuse Unit for follow up. Current registered offender
information can be obtained through CLETS.
328.5 DISSEMINATION OF PUBLIC INFORMATION
Members will not unilaterally make a public notification advising the community of a particular
registrant's presence in the community. Members who identify a significant risk or other public
safety issue associated with a registrant should promptly advise their supervisor. The supervisor
should evaluate the request and forward the information to the Sheriff or designee if warranted.
A determination will be made by the Sheriff or designee, with the assistance of legal counsel as
necessary, whether such a public alert should be made.
Members of the public requesting information on sex registrants should be provided the Megan's
Law website or the Fresno County Sheriffs Office's website. Information on sex registrants placed
on the Fresno County Sheriff's Office's website shall comply with the requirements of Penal Code
§ 290.46.
The PC290 Detective may release local registered offender information to residents only in
accordance with applicable law(Penal Code§290.45; Penal Code§290.46; Penal Code§457.1),
and in compliance with a California Public Records Act (Government Code § 6250-6276.48)
request.
328.5.1 LIMITED RELEASE WITHIN COLLEGE CAMPUS COMMUNITY
California law allows the following additional information regarding a registered sex offender on
campus, whose information is not available to the public via the internet website, to be released
to a campus community (Penal Code § 290.01(d)):
(a) The offender's full name
(b) The offender's known aliases
(c) The offender's sex
(d) The offender's race
(e) The offender's physical description
(f) The offender's photograph
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(g) The offender's date of birth
(h) Crimes resulting in the registration of the offender under Penal Code § 290
(i) The date of last registration
For purposes of this section, campus community shall be defined as those persons present at
or regularly frequenting any place constituting campus property, satellite facilities, laboratories,
public areas contiguous to the campus and other areas set forth in Penal Code § 290.01(d).
328.5.2 RELEASE NOTIFICATIONS
Registrant information that is released should include notification that:
(a) The offender registry includes only those persons who have been required by law to
register and who are in compliance with the offender registration laws.
(b) The information is provided as a public service and may not be current or accurate.
(c) Persons should not rely solely on the offender registry as a safeguard against offenses
in their communities.
(d) The crime for which a person is convicted may not accurately reflect the level of risk.
(e) Anyone who uses information contained in the registry to harass registrants or commit
any crime may be subject to criminal prosecution.
(f) The purpose of the release of information is to allow members of the public to protect
themselves and their children from sex offenders (Penal Code 290.45).
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Policy Fresno County Sheriff's Office
329 Policy Manual
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.
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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.
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PolicyFresno County Sheriff's Office
' Policy Manual
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.
Q) Drowning, fire, hanging, gunshot, stabbing, cutting, starvation, exposure, alcoholism,
drug addiction, strangulation or aspiration.
(k) Accidental poisoning (food, chemical, drug, therapeutic agents).
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(1) 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
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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)).
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PolicyFresno County Sheriff's Office
331 Policy Manual
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.
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PolicyFresno County Sheriff's Office
332 Policy Manual
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 Sheriffs 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.
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(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.
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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.
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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.
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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.
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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.
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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.
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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.
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PolicyFresno County Sheriff's Office
333 Policy Manual
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.
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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.
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PolicyFresno County Sheriff's Office
334 Policy Manual
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.
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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).
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PolicyFresno County Sheriff's Office
335 Policy Manual
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:
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(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.
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(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 Sheriffs 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.
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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
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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.
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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
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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 interviewwith 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.
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Policy Fresno County Sheriff's Office
• Policy Manual
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 § 11591 or Health and Safety Code § 11364, in so far as that section
relates to Health and Safety Code § 11054(d)(12), or for any of the offenses enumerated in
Penal Code § 290, Penal Code § 261(a), or Education Code § 44010, the 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 § 11591 or Health and Safety Code § 11364, in so far
as that section relates to Health and Safety Code § 11054(d)(12), or for any of the offenses
enumerated in Penal Code § 290, Penal Code § 261(a), or Education Code § 44010, the 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 § 11591 or Health and Safety Code § 11364, in so far as that section
relates to Health and Safety Code§ 11054(d)(12), or for any of the offenses enumerated in Penal
Code§290 or Education Code§44010,the Sheriff or his/her designee is mandated to immediately
notify by telephone the private school authority employing the teacher and to immediately give
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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 § 11591.5 or Health
and Safety § 11364, in so far as that section relates to Health and Safety Code § 11054(d)(9), or
for any of the offenses enumerated in Penal Code §290 or in Penal Code §261(a)(1), the 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).
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Policy Fresno County Sheriff's Office
337 Policy Manual
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.
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PolicyFresno County Sheriff's Office
•• Policy Manual
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.
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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 Sheriffs
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.
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(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 Sheriffs 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
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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.
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(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
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• Substance abuse
• Suicide
• Member injury or death
• Sensitivity and diversity
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PolicyFresno County Sheriff's Office
339 Policy Manual
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 mannerwhile 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.
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(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 personnel
in the Communications Center 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 safety video surveillance equipment shall not be used in an unequal or discriminatory
manner and shall not target individuals or groups based solely on actual or perceived
characteristics such as race, ethnicity, national origin, religion, sex, sexual orientation, gender
identity or expression, economic status, age, cultural group, or disability.
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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 Sheriffs 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
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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.
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Policy Fresno County Sheriff's Office
' Policy Manual
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, including call-out availability and follow-up responsibilities.
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.
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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)).
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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.
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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).
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Policy Fresno County Sheriff's Office
341 Policy Manual
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.
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• 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.
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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).
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PolicyFresno County Sheriff's Office
342 Policy Manual
Volunteer Program
342.1 PURPOSE AND SCOPE
It is the policy of this office to use qualified volunteers for specified tasks and duties in order
to create efficiencies for the Office and improve services to the community. Volunteers are
intended to supplement and support, rather than supplant, sworn deputies and civilian personnel.
Volunteers can be an important part of any organization and are proven to be a valuable asset to
law enforcement agencies.Volunteers help to increase office responsiveness, delivery of services
and information input, and provide new program opportunities. In addition, volunteers bring new
skills and expertise to the Office and prompt new enthusiasm.
342.1.1 DEFINITION OF VOLUNTEER
An individual who performs a service for the Office without promise, expectation or receipt of
compensation for services rendered.This may include unpaid chaplains, unpaid reserve deputies,
unpaid disaster service workers, unpaid search and rescue team members, interns, persons
providing administrative support and youth involved in a law enforcement Explorer Post, among
others.
342.2 VOLUNTEER MANAGEMENT
342.2.1 VOLUNTEER COORDINATOR
The Volunteer Coordinator shall be appointed by the Administrative Serivices Director. The
function of the Volunteer Coordinator is to provide a central coordinating point for effective
volunteer management within the Office, and to direct and assist staff and volunteer efforts to
jointly provide more productive services. The Volunteer Coordinator should work with other office
staff on an ongoing basis to assist in the development and implementation of volunteer-staffed
positions.
The Volunteer Coordinator, or his/her designee(s), shall be responsible for the following:
(a) Recruiting, selecting and training qualified volunteers for various positions.
(b) Facilitating the implementation of new volunteer activities and assignments.
(c) Maintaining records for each volunteer.
(d) Tracking and evaluating the contribution of volunteers.
(e) Maintaining the volunteer handbook and outlining expectations, policies and
responsibilities for all volunteers.
(f) Maintaining a record of volunteer schedules and work hours.
(g) Completion and dissemination as appropriate of all necessary paperwork and
information.
(h) Planning periodic recognition events.
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(i) Administering discipline when warranted.
Q) Maintaining liaison with other volunteer-utilizing programs in the community and
assisting in community-wide efforts to recognize and promote volunteering.
342.2.2 RECRUITMENT
Volunteers should be recruited on a continuous and ongoing basis consistent with office policy on
equal opportunity nondiscriminatory employment. A primary qualification for participation in the
application process should be an interest in, and an ability to assist the Office in serving the public.
Requests for volunteers should be submitted in writing by interested staff to the Volunteer
Coordinator through the requester's immediate supervisor. A complete position description and
a requested time-frame should be included in the request. All parties should understand that the
recruitment of volunteers is enhanced by creative and interesting assignments. The Volunteer
Coordinator may withhold assignment of any volunteer until such time as the requesting unit is
prepared to make effective use of volunteer resources.
342.2.3 SCREENING
All prospective volunteers should complete an application form. The Volunteer Coordinator or
designee(s) should conduct a face-to-face interview with an applicant under consideration.
A documented background investigation shall be completed on each volunteer applicant and may
include, but not necessarily be limited to, the following:
(a) Traffic and criminal background check. Fingerprints shall be obtained from all
applicants and processed through the California Criminal Information Index.
(b) Employment
(c) References
(d) Credit check
A polygraph exam may be required of each applicant depending on the type of assignment.
342.2.4 SELECTION AND PLACEMENT
Service as a volunteer with the Office shall begin with an official notice of acceptance or
appointment to a volunteer position. Notice may only be given by an authorized representative
of the Office, who will normally be the Volunteer Coordinator. No volunteer should begin any
assignment until they have been officially accepted for that position and completed all required
screening and paperwork. At the time of final acceptance, each volunteer should complete all
required enrollment paperwork and will receive a copy of their position description and agreement
of service with the Office. All volunteers shall receive a copy of the Volunteer Program Policy and
shall be required to sign a volunteer agreement.
Volunteers should be placed only in assignments or programs that are consistent with their
knowledge, skills, abilities and the needs of the Office.
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342.2.5 TRAINING
Volunteers will be provided with an orientation program to acquaint them with the Office,
personnel, policies and procedures that have a direct impact on their work assignment.
Volunteers should receive position-specific training to ensure they have adequate knowledge and
skills to complete tasks required by the position and should receive periodic ongoing training as
deemed appropriate by their supervisor or the Volunteer Coordinator.
Training should reinforce to volunteers that they may not intentionally represent themselves as,
or by omission infer that they are sworn deputies or other full-time members of the Office. They
shall always represent themselves as volunteers.
All volunteers shall comply with the rules of conduct and with all orders and directives, either oral
or written, issued by the Office.
342.2.6 FITNESS FOR DUTY
No volunteer shall report to work or be on-duty when his/her judgment or physical condition has
been impaired by alcohol, medication, other substances, illness, medical condition or injury.
Volunteers shall report to their supervisor any changes in status that may affect their ability to fulfill
their duties. This includes, but is not limited to, the following:
(a) Driver license
(b) Medical condition
(c) Arrests
(d) Criminal investigations
All volunteers shall adhere to the guidelines set forth by this office regarding drug and alcohol use.
342.2.7 DRESS CODE
As representatives of the Office, volunteers are responsible for presenting a professional image
to the community.Volunteers shall dress appropriately for the conditions and performance of their
duties.
Volunteers shall conform to office-approved dress consistent with their duty assignment. Uniforms
authorized for volunteers should be readily distinguishable from those worn by sworn deputies.
The uniform or identifiable parts of the uniform shall not be worn while off-duty except volunteers
may choose to wear the uniform while in transit to or from official office assignments or functions
provided an outer garment is worn over the uniform shirt so as not to bring attention to the volunteer
while he/she is off duty.
Volunteers shall be required to return any issued uniform or office property at the termination of
service.
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342.3 SUPERVISION OF VOLUNTEERS
Each volunteer who is accepted to a position with the Office must have a clearly identified
supervisor who is responsible for direct management of that volunteer. This supervisor will be
responsible for day-to-day management and guidance of the work of the volunteer and should be
available to the volunteer for consultation and assistance.
A volunteer may be assigned as and act as a supervisor of other volunteers provided that the
supervising volunteer is under the direct supervision of a paid staff member.
Functional supervision of volunteers is the responsibility of the supervisor in charge of the unit
where the volunteer is assigned.
342.4 CONFIDENTIALITY
With appropriate security clearance, volunteers may have access to confidential information such
as criminal histories or investigative files. Unless otherwise directed by a supervisor or office policy,
all information shall be considered confidential. Only that information specifically identified and
approved by authorized personnel shall be released. Confidential information shall be given only
to persons who have a need and a right to know as determined by office policy and supervisory
personnel.
Each volunteer will be required to sign a nondisclosure agreement before being given an
assignment with the Office. Subsequent unauthorized disclosure of any confidential information,
verbally, in writing or by any other means, by the volunteer is grounds for immediate dismissal
and possible criminal prosecution.
Volunteers shall not release or divulge any information, orally, in writing or through social media,
concerning the activities of the Office, or maintain that they represent the Office in such matters
without permission from the proper office personnel.
342.5 PROPERTY AND EQUIPMENT
Volunteers will be issued an identification card that must be carried at all times while on-duty. Any
fixed and portable equipment issued by the Office shall be for official and authorized use only.
Any property or equipment issued to a volunteer shall remain the property of the Office and shall
be returned at the termination of service.
342.5.1 VEHICLE USE
Volunteers assigned to duties such as vacation house checks or other assignments that require
the use of a vehicle must first complete the following:
(a) Verification that the volunteer possesses a valid California Driver License.
(b) Verification that the volunteer carries current vehicle insurance.
The Volunteer Coordinator should insure that all volunteers receive safety briefing updates and
license and insurance verification at least once a year.
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When operating an Office vehicle, volunteers shall obey all rules of the road, including seat belt
requirements. Smoking is prohibited in all Office vehicles.
Volunteers should not operate a marked patrol car unless there is a prominently placed sign
indicating that it is out of service and are not authorized to operate an Office vehicle Code-3.
342.5.2 RADIO AND MDT USAGE
Volunteers shall successfully complete CLETS and radio procedures training prior to using the
police radio or MDT and comply with all related provisions. The Volunteer Coordinator should
ensure that radio and CLETS training is provided for volunteers whenever necessary.
342.6 DISCIPLINARY PROCEDURES/TERMINATION
A volunteer may be removed from the volunteer program at the discretion of the Sheriff or
designee. Volunteers shall have no property interests in their continued appointment. However,
if a volunteer is removed for alleged misconduct, the volunteer will be afforded an opportunity
solely to clear his/her name through a liberty interest hearing which shall be limited to a single
appearance before the Sheriff or authorized designee.
Volunteers may resign from volunteer service with the Office at any time. It is requested that
volunteers who intend to resign provide advance notice of their departure and a reason for their
decision.
342.6.1 EXIT INTERVIEWS
Exit interviews, where possible, should be conducted with volunteers who are leaving their
positions. The interview should ascertain why the volunteer is leaving the position and solicit the
volunteer's suggestions on improving the position. When appropriate, the interview should also
include a discussion on the possibility of involvement in some other capacity with the Office.
342.7 EVALUATION
An evaluation of the overall volunteer program will be conducted on an annual basis by the
Administrative Services Bureau Director or designee.
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PolicyFresno County Sheriff's Office
343 Policy Manual
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.
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(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.
(9) 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.
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Policy Fresno County Sheriff's Office
344 Policy Manual
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 (Penal Code
§ 18108).
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, including an ammunition magazine (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
a temporary order (Penal Code § 18140).
344.4 SERVICE OF GUN VIOLENCE RESTRAINING ORDERS
A deputy serving any gun violence restraining order shall:
(a) Verbally ask the subject of the order if he/she has any firearm, ammunition, or
magazine in his/her possession or under his/her custody or control (Penal Code §
18160).
(b) Request that any firearms or ammunition be immediately surrendered and issue a
receipt for the surrendered items (Penal Code § 18120).
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(c) Take into temporary custody any firearm or other deadly weapon discovered in plain
view or pursuant to consent or other lawful search (Penal Code § 18250).
(d) Inform the restrained person of any scheduled hearing regarding the order (Penal
Code § 18160).
(e) Transmit the original proof of service form to the issuing court as soon as practicable
but within one business day (Penal Code § 18115).
(f) As soon as practicable, but by the end of his/her shift, submit proof of service to
the 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 TEMPORARY EMERGENCY GUN VIOLENCE RESTRAINING ORDERS
A deputy requesting a temporary emergency gun violence restraining order shall (Penal Code §
18140):
(a) For oral requests, sign a declaration under penalty of perjury reciting the oral
statements provided to the judicial officer and memorialize the order of the court on
the form approved by the Judicial Council.
(b) Serve the order on the restrained person if the person can be reasonably located.
(c) Forward a copy of the order to the Records Unit Commander for filing with the court
and appropriate databases.
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.
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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.
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) Temporary orders are entered into the California Restraining and Protective Order
System (Penal Code § 18140).
(c) Copies of temporary orders are filed with the court as soon as practicable, but no later
than three court days, after issuance (Penal Code § 18140).
(d) 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).
(e) Any relinquishment of firearm rights form received from the court is entered into the
California Restraining and Protective Order System within one business day of receipt
(Penal Code § 18115).
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.
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344.9 POLICY AVAILABILITY
The Sheriff or the authorized designee shall be responsible for making this policy available to the
public upon request (Penal Code § 18108).
344.10 TRAINING
The Training Manager should ensure that members receive periodic training on the requirements
of this policy (Penal Code § 18108).
344.11 RENEWAL OF GUN VIOLENCE RESTRAINING ORDERS
The Detective Bureau supervisor is responsible for the review of a gun violence restraining order
obtained by the Office to determine if renewal should be requested within the time prescribed by
law (Penal Code § 18190).
344.12 GUN VIOLENCE RESTRAINING ORDER COORDINATOR
The Sheriff will appoint a gun violence restraining order coordinator. The responsibilities of the
coordinator include:
(a) Developing and maintaining procedures for the filing of a petition for an order or a
renewal of an order by office members, also including procedures for requesting and
serving (Penal Code § 18108):
1. A temporary emergency gun violence restraining order.
2. An ex parte gun violence restraining order.
3. A gun violence restraining order issued after notice and hearing.
(b) Developing and maintaining factors to consider when assessing the need to seek an
order, including:
1. Whether threats have been made, and if so, whether the threats are credible
and specific.
2. Whether the potential victim is within close proximity.
3. Whether the person has expressed suicidal tendencies.
4. Whether the person has access to firearms.
5. The criminal history of the person, in particular any history of criminal violence,
including whether the person is currently on parole, probation, or monitored
release.
6. The mental health history of the person, in particular whether the person has
any history of mental illness or has ever been detained for being a danger to
themselves or others.
7. Any upcoming holidays, anniversaries, or other dates of significance that may
serve as a trigger for the person, such as the death of a family member.
8. Whether the person has any history of drug or alcohol abuse.
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(c) Developing and maintaining procedures forthe receipt and service of orders consistent
with the requirements of Penal Code § 18115; Penal Code § 18120; Penal Code §
18135; Penal Code § 18140; and Penal Code § 18160. Procedures should include:
1. Evaluation of an order to determine appropriate service and necessary
precautions (see the Warrant Service Policy and the Operations Planning and
Deconfliction Policy).
2. Forwarding orders to the Records Unit Commander for recording in appropriate
databases and required notice to the court, as applicable.
3. Preparing or obtaining a search warrant prior to attempting service of an order,
when appropriate (Penal Code § 18108).
4. Seizure procedures of firearms and ammunition at the time of issuance of a
temporary emergency gun violence restraining order.
5. Verification procedures for the removal of firearms and ammunition from the
subject of a gun violence restraining order.
(d) Coordinating with the Training Manager to provide deputies who may be involved in
petitioning for or serving orders with training on such orders. Training should include
determining when a petition is appropriate, the process for seeking an order, and the
service of such orders.
(e) Reviewing each petition and any associated court documents for an order prepared
by members, for compliance with this policy, office procedures, and state law.
(f) Developing and maintaining procedures for members to accept voluntarily
surrendered prohibited items at times other than when an order is being served by
the Office.
1. Procedures should include preparing and providing a receipt identifying all
prohibited items to the person surrendering the items.
(g) Coordinating review of notices of court hearings and providing notice to the appropriate
deputy of the hearing date and the responsibility to appear (Penal Code § 18108).
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345 Policy Manual
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.
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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).
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Chapter 4 - Patrol Operations
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400' Policy Manual
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.
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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.
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4 ' Policy Manual
Bias-Based Policing
401.1 PURPOSE AND SCOPE
This policy provides guidance to office members that affirms the Fresno County Sheriff's Office's
commitment to policing that is fair and objective.
Nothing in this policy prohibits the use of specified characteristics in law enforcement activities
designed to strengthen the office's relationship with its diverse communities (e.g., cultural and
ethnicity awareness training, youth programs, community group outreach, partnerships).
401.1.1 DEFINITIONS
Definitions related to this policy include:
Bias-based policing - An inappropriate reliance on actual or perceived characteristics
such as race, ethnicity, national origin, religion, sex, sexual orientation, gender identity or
expression, economic status, age, cultural group, disability, or affiliation with any non-criminal
group (protected characteristics) as the basis for providing differing law enforcement service or
enforcement (Penal Code § 13519.4).
401.2 POLICY
The Fresno County Sheriff's Office is committed to providing law enforcement services to the
community with due regard for the racial, cultural or other differences of those served. It is
the policy of this office to provide law enforcement services and to enforce the law equally,
fairly, objectively and without discrimination toward any individual or group.
401.3 BIAS-BASED POLICING PROHIBITED
Bias-based policing is strictly prohibited.
However, nothing in this policy is intended to prohibit a deputy from considering protected
characteristics in combination with credible, timely and distinct information connecting a person or
people of a specific characteristic to a specific unlawful incident, or to specific unlawful incidents,
specific criminal patterns or specific schemes.
401.3.1 CALIFORNIA RELIGIOUS FREEDOM ACT
Members shall not collect information from a person based on religious belief, practice, affiliation,
national origin or ethnicity unless permitted under state or federal law (Government Code §
8310.3).
Members shall not assist federal government authorities (Government Code § 8310.3):
(a) In compiling personal information about a person's religious belief, practice, affiliation,
national origin or ethnicity.
(b) By investigating, enforcing or assisting with the investigation or enforcement of any
requirement that a person register with the federal government based on religious
belief, practice, or affiliation, or national origin or ethnicity.
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401.4 MEMBER RESPONSIBILITIES
Every member of this office shall perform his/her duties in a fair and objective manner and is
responsible for promptly reporting any suspected or known instances of bias-based policing to a
supervisor. Members should, when reasonable to do so, intervene to prevent any biased-based
actions by another member.
401.4.1 REASON FOR CONTACT
Deputies contacting a person shall be prepared to articulate sufficient reason for the
contact, independent of the protected characteristics of the individual.
To the extent that written documentation would otherwise be completed (e.g., arrest report, field
interview (FI) card), the involved deputy should include those facts giving rise to the contact, as
applicable.
Except for required data-collection forms or methods, nothing in this policy shall require any deputy
to document a contact that would not otherwise require reporting.
401.4.2 REPORTING OF STOPS
This Office is not required to collect and report data under this section until April 1, 2022, however,
it may start collecting and reporting such data when it is possible through the Mark43 system.
Unless an exception applies under 11 CCR 999.227, a deputy conducting a stop of a person shall
collect the data elements required by 11 CCR 999.226 for every person stopped and prepare
a stop data report. When multiple deputies conduct a stop, the deputy with the highest level of
engagement with the person shall collect the data elements and prepare the report (11 CCR
999.227).
If multiple agencies are involved in a stop and the Fresno County Sheriff's Office is the primary
agency, the Fresno County Sheriff's Office deputy shall collect the data elements and prepare the
stop data report (11 CCR 999.227).
The stop data report should be completed by the end of the deputy's shift or as soon as practicable
(11 CCR 999.227).
401.5 SUPERVISOR RESPONSIBILITIES
Supervisors should monitor those individuals under their command for compliance with this policy
and shall handle any alleged or observed violations in accordance with the Personnel Complaints
Policy.
(a) Supervisors should discuss any issues with the involved deputy and his/her supervisor
in a timely manner.
1. Supervisors should document these discussions, in the prescribed manner.
(b) Supervisors should periodically review MAV recordings, portable audio/video
recordings, Mobile Data Terminal (MDT) data and any other available resource used
to document contact between deputies and the public to ensure compliance with the
policy.
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1. Supervisors should document these periodic reviews.
2. Recordings or data that capture a potential instance of bias-based policing
should be appropriately retained for administrative investigation purposes.
(c) Supervisors shall initiate investigations of any actual or alleged violations of this policy.
(d) Supervisors should take prompt and reasonable steps to address any retaliatory action
taken against any member of this office who discloses information concerning bias-
based policing.
401.6 ADMINISTRATION
Each year, the Training Unit Commander should review the efforts of the Office to provide fair
and objective policing and submit an annual report, including public concerns and complaints, to
the Sheriff.
The annual report should not contain any identifying information about any specific complaint,
member of the public or deputies. It should be reviewed by the Sheriff to identify any changes in
training or operations that should be made to improve service.
Supervisors should review the annual report and discuss the results with those they are assigned
to supervise.
401.7 TRAINING
Training on fair and objective policing and review of this policy should be conducted as directed
by the Training Unit.
(a) All sworn members of this office will be scheduled to attend Peace Officer Standards
and Training (POST)-approved training on the subject of bias-based policing.
(b) Pending participation in such POST-approved training and at all times, all members
of this office are encouraged to familiarize themselves with and consider racial and
cultural differences among members of this community.
(c) Each sworn member of this office who received initial bias-based policing training will
thereafter be required to complete an approved refresher course every five years, or
sooner if deemed necessary, in order to keep current with changing racial, identity and
cultural trends (Penal Code § 13519.4(i)).
401.8 REPORTING TO CALIFORNIA DEPARTMENT OF JUSTICE
The Internal Affairs Unit Manager shall ensure that all data required by the California Department
of Justice (DOJ) regarding complaints of racial bias against deputies is collected and provided
to the Records Unit Commander for required reporting to the DOJ (Penal Code § 13012; Penal
Code § 13020). See the Records Unit Policy.
Supervisors should ensure that data stop reports are provided to the Records Unit Commander for
required annual reporting to the DOJ (Government Code§ 12525.5)(See Records Bureau Policy).
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4 ' Policy Manual
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.
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4 ' Policy Manual
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 Sheriffs 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.
Q) Start a chronological log noting critical times and personnel allowed access.
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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).
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404 4 Policy Manual
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
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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.
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(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.
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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.
0) 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.
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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.
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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.
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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
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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
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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.
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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, MOD'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.
(9) 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:
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(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.
(9) 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.
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4 ' Policy Manual
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 Sheriffs 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.
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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 Commanderwith 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
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(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
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PolicyFresno County Sheriff's Office
406• Policy Manual
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
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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.
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4 ' Policy Manual
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 Sheriffs 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)):
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Hostage and Barricade Incidents
(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).
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(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.
Q) 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.
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(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.
Q) 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.
(1) 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
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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.
Q) 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.
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PolicyFresno County Sheriff's Office
408•• Policy Manual
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 Sheriffs
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 Sheriffs 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:
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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
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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.
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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
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• 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
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PolicyFresno County Sheriff's Office
409
Policy Manual
Crisis Intervention Incidents
409.1 PURPOSE AND SCOPE
This policy provides guidelines for interacting with those who may be experiencing a mental health
or emotional crisis. Interaction with such individuals has the potential for miscommunication and
violence. It often requires a deputy to make difficult judgments about a person's mental state and
intent in order to effectively and legally interact with the individual.
409.1.1 DEFINITIONS
Definitions related to this policy include:
Person in crisis - A person whose level of distress or mental health symptoms have exceeded
the person's internal ability to manage his/her behavior or emotions.A crisis can be precipitated by
any number of things, including an increase in the symptoms of mental illness despite treatment
compliance; non-compliance with treatment, including a failure to take prescribed medications
appropriately; or any other circumstance or event that causes the person to engage in erratic,
disruptive or dangerous behavior that may be accompanied by impaired judgment.
409.2 POLICY
The Fresno County Sheriff's Office is committed to providing a consistently high level of service to
all members of the community and recognizes that persons in crisis may benefit from intervention.
The Office will collaborate, where feasible, with mental health professionals to develop an overall
intervention strategy to guide its members' interactions with those experiencing a mental health
crisis. This is to ensure equitable and safe treatment of all involved.
409.3 SIGNS
Members should be alert to any of the following possible signs of mental health issues or crises:
(a) A known history of mental illness
(b) Threats of or attempted suicide
(c) Loss of memory
(d) Incoherence, disorientation or slow response
(e) Delusions, hallucinations, perceptions unrelated to reality or grandiose ideas
(f) Depression, pronounced feelings of hopelessness or uselessness, extreme sadness
or guilt
(g) Social withdrawal
(h) Manic or impulsive behavior, extreme agitation, lack of control
(i) Lack of fear
Q) Anxiety, aggression, rigidity, inflexibility or paranoia
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Members should be aware that this list is not exhaustive. The presence or absence of any of these
should not be treated as proof of the presence or absence of a mental health issue or crisis.
409.4 COORDINATION WITH MENTAL HEALTH PROFESSIONALS
The Sheriff should designate an appropriate Bureau Commander to collaborate with mental health
professionals to develop an education and response protocol. It should include a list of community
resources, to guide office interaction with those who may be suffering from mental illness or who
appear to be in a mental health crisis.
409.5 FIRST RESPONDERS
Safety is a priority for first responders. It is important to recognize that individuals under the
influence of alcohol, drugs or both may exhibit symptoms that are similar to those of a person in a
mental health crisis. These individuals may still present a serious threat to deputies; such a threat
should be addressed with reasonable tactics. Nothing in this policy shall be construed to limit a
deputy's authority to use reasonable force when interacting with a person in crisis.
Deputies are reminded that mental health issues, mental health crises and unusual behavior alone
are not criminal offenses. Individuals may benefit from treatment as opposed to incarceration.
A deputy responding to a call involving a person in crisis should:
(a) Promptly assess the situation independent of reported information and make a
preliminary determination regarding whether a mental health crisis may be a factor.
(b) Request available backup deputies and specialized resources as deemed necessary
and, if it is reasonably believed that the person is in a crisis situation, use conflict
resolution and de-escalation techniques to stabilize the incident as appropriate.
(c) If feasible, and without compromising safety, turn off flashing lights, bright lights or
sirens.
(d) Attempt to determine if weapons are present or available.
1. Prior to making contact, and whenever possible and reasonable, conduct a
search of the Department of Justice Automated Firearms System via the
California Law Enforcement Telecommunications System (CLETS)to determine
whether the person is the registered owner of a firearm (Penal Code§ 11106.4).
(e) Take into account the person's mental and emotional state and potential inability to
understand commands or to appreciate the consequences of his/her action or inaction,
as perceived by the deputy.
(f) Secure the scene and clear the immediate area as necessary.
(g) Employ tactics to preserve the safety of all participants.
(h) Determine the nature of any crime.
(i) Request a supervisor, as warranted.
Q) Evaluate any available information that might assist in determining cause or motivation
for the person's actions or stated intentions.
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(k) If circumstances reasonably permit, consider and employ alternatives to force.
(I) If the person is under Lanterman Petris Short (LPS) Conservatorship and is being
reported as a missing person, document the LPS Conservatorship status. The
detective assigned the case shall follow-up with the conservator or their designee.
409.6 DE-ESCALATION
Deputies should consider that taking no action or passively monitoring the situation may be the
most reasonable response to a mental health crisis.
Once it is determined that a situation is a mental health crisis and immediate safety concerns
have been addressed, responding members should be aware of the following considerations and
should generally:
• Evaluate safety conditions.
• Introduce themselves and attempt to obtain the person's name.
• Be patient, polite, calm, courteous and avoid overreacting.
• Speak and move slowly and in a non-threatening manner.
• Moderate the level of direct eye contact.
• Remove distractions or disruptive people from the area.
• Demonstrate active listening skills (e.g., summarize the person's verbal
communication).
• Provide for sufficient avenues of retreat or escape should the situation become
volatile.
Responding deputies generally should not:
• Use stances or tactics that can be interpreted as aggressive.
• Allow others to interrupt or engage the person.
• Corner a person who is not believed to be armed, violent or suicidal.
• Argue, speak with a raised voice or use threats to obtain compliance.
409.7 INCIDENT ORIENTATION
When responding to an incident that may involve mental illness or a mental health crisis, the
deputy should request that the dispatcher provide critical information as it becomes available.This
includes:
(a) Whether the person relies on drugs or medication, or may have failed to take his/her
medication.
(b) Whether there have been prior incidents, suicide threats/attempts, and whether there
has been previous sheriff response.
(c) Contact information for a treating physician or mental health professional.
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Additional resources and a supervisor should be requested as warranted.
409.8 SUPERVISOR RESPONSIBILITIES
A supervisor may respond to the scene of any interaction with a person in crisis. Responding
supervisors should:
(a) Attempt to secure appropriate and sufficient resources.
(b) Closely monitor any use of force, including the use of restraints, and ensure that those
subjected to the use of force are provided with timely access to medical care (see the
Handcuffing and Restraints Policy).
(c) Consider strategic disengagement. Absent an imminent threat to the public and,
as circumstances dictate, this may include removing or reducing law enforcement
resources or engaging in passive monitoring.
(d) Ensure that all reports are completed and that incident documentation uses
appropriate terminology and language.
Evaluate whether a critical incident stress management debriefing for involved members is
warranted.
409.9 INCIDENT REPORTING
Members engaging in any oral or written communication associated with a mental health crisis
should be mindful of the sensitive nature of such communications and should exercise appropriate
discretion when referring to or describing persons and circumstances.
Members having contact with a person in crisis should keep related information confidential,
except to the extent that revealing information is necessary to conform to office reporting
procedures or other official mental health or medical proceedings.
409.9.1 DIVERSION
Individuals who are not being arrested should be processed in accordance with the Mental Illness
Commitments Policy.
409.10 NON-SWORN INTERACTION WITH PEOPLE IN CRISIS
Non-sworn members may be required to interact with persons in crisis in an administrative
capacity, such as dispatching and records requests.
(a) Members should treat all individuals equally and with dignity and respect.
(b) If a member believes that he/she is interacting with a person in crisis, he/she should
proceed patiently and in a calm manner.
(c) Members should be aware and understand that the person may make unusual or
bizarre claims or requests.
If a person's behavior makes the member feel unsafe, if the person is or becomes disruptive
or violent, or if the person acts in such a manner as to cause the member to believe that the
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person may be harmful to him/herself or others,a deputy should be promptly summoned to provide
assistance.
409.11 TRAINING
This office will endeavor to provide Peace Officer Standards and Training (POST)-approved
advanced officer training on interaction with persons with mental disabilities, welfare checks and
crisis intervention (Penal Code§ 11106.4; Penal Code§ 13515.25; Penal Code§ 13515.27; Penal
Code § 13515.30).
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PolicyFresno County Sheriff's Office
410
Policy Manual
Mental Illness Commitments
410.1 PURPOSE AND SCOPE
This policy provides guidelines for when deputies may take a person into custody for psychiatric
evaluation and treatment (5150 commitment) (Welfare and Institutions Code § 5150).
410.2 POLICY
It is the policy of the Fresno County Sheriff's Office to protect the public and individuals
through legal and appropriate use of the 72-hour treatment and evaluation commitment (5150
commitment) process.
410.3 AUTHORITY
A deputy having probable cause may take a person into custody and place the person in an
approved mental health facility for 72-hour treatment and evaluation when the deputy believes
that, as a result of a mental disorder,the person is a danger to him/herself or others or the person is
gravely disabled (Welfare and Institutions Code§5150;Welfare and Institutions Code§5585.50).
When determining whether to take a person into custody, deputies are not limited to determining
the person is an imminent danger and shall consider reasonably available information about the
historical course of the person's mental disorder,which may include evidence presented from any
of the following (Welfare and Institutions Code§ 5150; Welfare and Institutions Code§ 5150.05):
(a) An individual who is providing or has provided mental health treatment or related
support services to the person
(b) A family member
(c) The person subject to the determination or anyone designated by the person
410.3.1 VOLUNTARY EVALUATION
If a deputy encounters an individual who does not qualify for a 5150 commitment, he/she may
inquire as to whether the person desires to voluntarily be evaluated at an appropriate facility. If the
person so desires, the deputies may assist them by having EMS respond to the scene. Deputies
should also consider having a Mental Health Unit respond if one is available. If a deputy encounters
an individual who does qualify for a 5150 commitment, the deputy should place the mental health
hold on the individual instead of having them be evaluated at a facility on a volunteer basis.
410.4 CONSIDERATIONS AND RESPONSIBILITIES
Any deputy handling a call involving an individual who may qualify for a 5150 commitment should
consider, as time and circumstances reasonably permit:
(a) Available information that might assist in determining the cause and nature of the
person's action or stated intentions.
(b) Community or neighborhood mediation services.
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(c) Conflict resolution and de-escalation techniques.
(d) Community or other resources available to assist in dealing with mental health issues.
While these steps are encouraged, nothing in this section is intended to dissuade deputies from
taking reasonable action to ensure the safety of the deputies and others.
Deputies should consider a 5150 commitment over arrest when mental health issues appear to
be a mitigating factor for people who are suspected of committing minor crimes or creating other
public safety issues.
410.4.1 SECURING OF PROPERTY
When a person is taken into custody for evaluation, or within a reasonable time thereafter, and
unless a responsible relative, guardian or conservator is in possession of the person's personal
property, the deputy shall take reasonable precautions to safeguard the individual's personal
property in his/her possession or on the premises occupied by the person (Welfare and Institutions
Code § 5150).
The deputy taking the person into custody shall provide a report to the court that describes the
person's property and its disposition in the format provided in Welfare and Institutions Code §
5211, unless a responsible person took possession of the property, in which case the deputy shall
only include the name of the responsible person and the location of the property (Welfare and
Institutions Code § 5150).
410.5 TRANSPORTATION
In ceratin situations, deputies may transport individuals on a 5150 commitment to the hospital
in a patrol unit and shall secure them in accordance with the Handcuffing and Restraints Policy.
Should the detainee require transport in a medical transport vehicle and the safety of any person,
including the detainee, requires the presence of a deputy during the transport, supervisor or Watch
Commander approval is required before transport commences.
410.6 TRANSFER TO APPROPRIATE FACILITY
If the deputy transported the individual to a facility on a 5150 commitment the deputy will escort the
individual into a treatment area designated by a facility staff member. If the individual is not seeking
treatment voluntarily, the deputy should provide the staff member with the written application for
a 5150 commitment and remain present to provide clarification of the grounds for detention, upon
request.
Absent exigent circumstances, the transporting deputy should not assist facility staff with the
admission process, including restraint of the individual. However, if the individual is transported
and delivered while restrained, the deputy may assist with transferring the individual to facility
restraints and will be available to assist during the admission process, if requested. Under normal
circumstances, deputies will not apply facility-ordered restraints.
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410.7 FIREARMS AND OTHER WEAPONS
Whenever a person is taken into custody for a 5150 commitment, the handling deputies should
seek to determine if the person owns or has access to any firearm or other deadly weapon defined
in Welfare and Institutions Code § 8100. Deputies should consider whether it is appropriate and
consistent with current search and seizure law under the circumstances to seize any such firearms
or other dangerous weapons (e.g., safekeeping, evidence, consent).
Deputies are cautioned that a search warrant may be needed before entering a residence or
other place to search, unless lawful, warrantless entry has already been made (e.g., exigent
circumstances, consent). A search warrant may also be needed before searching for or seizing
weapons
The handling deputies shall issue a receipt describing the deadly weapon or any firearm seized,
and list any serial number or other identification that is on the firearm. Deputies shall advise the
person of the procedure for the return of any firearm or other weapon that has been taken into
custody (Welfare and Institutions Code § 8102 (b)) (see Property and Evidence Policy).
410.7.1 PETITION FOR RETURN OF FIREARMS AND OTHER WEAPONS
Whenever the handling deputy has cause to believe that the future return of any confiscated
weapon might endanger the person or others, the deputy shall detail those facts and
circumstances in a report. The report shall be forwarded to the Detective Bureau, which shall be
responsible for initiating a petition to the Superior Court for a hearing in accordance with Welfare
and Institutions Code § 8102(c), to determine whether the weapon will be returned.
The petition to the Superior Court shall be initiated within 30 days of the release of the individual
from whom such weapon has been confiscated, unless the Office makes an ex parte application to
the court to extend the time to file such a petition, up to a maximum of 60 days.At the time any such
petition is initiated, the Office shall send written notice to the individual informing him/her of the
right to a hearing on the issue, that he/she has 30 days to confirm with the court clerk any desire
for a hearing and that the failure to do so will result in the forfeiture of any confiscated weapon.
410.8 TRAINING
This office will endeavor to provide Peace Officer Standards and Training (POST)-approved
advanced officer training on interaction with persons with mental disabilities, 5150 commitments
and crisis intervention.
410.9 DOCUMENTATION
If a 5150 commitment is placed on an individual, the deputy shall complete an application for a
72-Hour detention for evaluation and treatment form and provide it to medical personnel who is
transporting the individual to a facility. If the deputy is transporting the individual to the facility, the
deputy will provide the application to the facility staff member assigned to that patient. The deputy
shall document the circumstances that required the application in a case report and forward the
application to the Records Unit.
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The application shall include the circumstances for deputy involvement; the probable cause to
believe the person is, as a result of a mental health disorder, a danger to others or him/herself or
gravely disabled; and all information used for the determination of probable cause (Welfare and
Institutions Code § 5150; Welfare and Institutions Code § 5150.05).
The deputy should also provide a verbal summary to any evaluating staff member regarding the
circumstances leading to the involuntary detention.
If a Mental Health Unit responds to the scene and places a mental health hold on a person, no
report is required.
410.9.1 ADVISEMENT
The deputy taking a person into custody for evaluation shall advise the person of:
(a) The deputy's name and agency.
(b) The fact that the person is not under criminal arrest but is being taken for examination
by mental health professionals and the mental health staff will advise him/her of their
rights.
(c) The name of the facility to which the person is being taken.
(d) If the person is being taken into custody at his/her residence, he/she should also be
advised that he/she may take a few personal items, which the deputy must approve,
and may make a telephone call or leave a note indicating where he/she is being
taken. The deputy should also ask if the person needs assistance turning off any
appliance or water.
The advisement shall be given in a language the person understands. If the person cannot
understand an oral advisement, the information shall be provided in writing (Welfare and
Institutions Code § 5150).
410.10 CRIMINAL OFFENSES
Deputies investigating an individual who is suspected of committing a misdemeanor offense and
who is being taken on a 5150 commitment may, with supervisor approval, resolve the criminal
matter by issuing a citation when appropriate.
When an individual who has been placed on a mental health hold has committed a felony that
would normally result in an arrest and transfer to a jail facility, the deputy should:
(a) Arrest the individual when there is probable cause to do so or check the box on the
mental health form indicating that the individual is facing criminal charges, along with
completing an out of custody EPCD.
(b) Notify the appropriate supervisor of the facts supporting the arrest and the facts that
would support the 5150 commitment.
(c) Facilitate the individual's transfer to jail (i.e. proxy book), if appropriate.
(d) Thoroughly document in the related reports the circumstances that indicate the
individual may qualify for a 5150 commitment.
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In the supervisor's judgment, the individual may be arrested or booked and transported to the
appropriate mental health facility. The supervisor should consider the seriousness of the offense,
the treatment options available, the ability of this office to regain custody of the individual, office
resources (e.g., posting a guard) and other relevant factors in making this decision.
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PolicyFresno County Sheriff's Office
411 Policy Manual
Cite and Release Policy
411.1 PURPOSE AND SCOPE
This policy provides guidance on when to release adults who are arrested for a criminal
misdemeanor offense on a written notice to appear (citation) and when to hold for court or bail.
411.2 POLICY
It is the policy of the Fresno County Sheriff's Office to release all persons arrested on misdemeanor
or other qualifying charges on a citation with certain exceptions (Penal Code § 853.6).
If there is a reason for non-release, the Office's mission to protect the community will be the
primary consideration when determining whether to release any individual in lieu of holding for
court or bail.
411.3 RELEASE BY CITATION
Except in cases where a reason for non-release as described below exists, adults arrested for
a misdemeanor offense, including a private persons arrest, shall be released from custody on a
citation (Penal Code § 853.6).
The citing deputy shall, at the time the defendant signs the notice to appear, call attention to the
time and place for appearance and take any other steps he/she deems necessary to ensure that
the defendant understands his/her written promise to appear.
411.3.1 FIELD CITATIONS
In most cases an adult arrested for a misdemeanor offense may be released in the field on a
citation in lieu of physical arrest when booking and fingerprinting is not practicable or immediately
required provided the individual can be satisfactorily identified, there is no outstanding arrest
warrant for the individual and none of the below described disqualifying circumstances are present
(Penal Code § 853.6; Penal Code § 1270.1). In such cases the arresting deputy should check the
booking required box on the citation form to indicate that the person will be photographed and
fingerprinted at a later time when ordered by the court.
When a booking photo or fingerprints are needed for the furtherance of any investigation, the
person should be released on citation after booking instead of on a field citation.
411.3.2 RELEASE AFTER BOOKING
In some cases it may not be feasible or desirable to release a person in the field. The person
should instead be released on citation after booking at the jail.
411.4 NON-RELEASE
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411.4.1 DISQUALIFYING OFFENSES
An adult arrested on any of the following disqualifying charges shall not be released on citation
and shall be transported to the appropriate detention facility or held for court or bail after booking
(Penal Code § 1270.1):
(a) Misdemeanor domestic battery (Penal Code § 243(e)(1))
(b) Felony domestic battery (Penal Code § 273.5)
(c) Serious or violent felonies (Penal Code § 1270.1(a)(1))
(d) Felony intimidation of witnesses and victims (Penal Code § 136.1)
(e) Rape of a spouse (Penal Code § 262)
(f) Violation of a protective order and the arrested person has made threats, used
violence, or has gone to the protected person's workplace or residence (Penal Code
§ 273.6)
(g) Stalking (Penal Code § 646.9)
(h) Misdemeanor violations of a protective order relating to domestic violence if there is
a reasonable likelihood the offense will continue or the safety of the individuals or
property would be endangered (Penal Code § 853.6)
411.4.2 REASONS FOR NON-RELEASE
A person arrested for a misdemeanor shall be released on a citation unless there is a reason for
non-release. The Field Supervisor may authorize a release on citation regardless of whether a
reason for non-release exists when it is determined to be in the best interest of the Office and does
not present an unreasonable risk to the community (e.g., release of an intoxicated or ill person
to a responsible adult).
Reasons for non-release include (Penal Code § 853.6(i)):
(a) The person arrested is so intoxicated that he/she could be a danger to him/herself or
to others. Release may occur as soon as this condition no longer exists.
(b) The person is arrested for one or more of the offenses listed in Vehicle Code§40302,
Vehicle Code § 40303, and Vehicle Code § 40305.
(c) The person has been cited, arrested, or convicted for theft from a store or vehicle in
the previous six months, or there is probable cause to believe the person is guilty of
committing organized retail theft, as defined in Penal Code § 490.4(a).
(d) There are one or more outstanding arrest warrants for the person or failures to
appear in court on previous misdemeanor citations that have not been resolved (see
Misdemeanor Warrants elsewhere in this policy).
(e) The person could not provide satisfactory evidence of personal identification.
1. If a person released on citation does not have satisfactory identification in his/her
possession, a right thumbprint or fingerprint should be obtained on the citation
form.
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(f) The prosecution of the offense or offenses for which the person was arrested or the
prosecution of any other offense or offenses would be jeopardized by the immediate
release of the person arrested.
(g) There is a reasonable likelihood that the offense or offenses would continue or resume,
or that the safety of persons or property would be imminently endangered by the
release of the person arrested.
(h) The person arrested demands to be taken before a magistrate or has refused to sign
the notice to appear.
(i) There is reason to believe that the person would not appear at the time and place
specified in the notice to appear. The basis for this determination shall be specifically
documented. An arrest warrant or failure to appear that is currently pending shall
constitute reason to believe that the person will not appear. Other reasons may
include:
(a) Previous failure to appear is on record
(b) The person lacks ties to the area, such as a residence,job, or family
(c) Unusual circumstances lead the deputy responsible for the release of prisoners
to conclude that the suspect should be held for further investigation
When a person is arrested on a misdemeanor offense and is not released by criminal citation, the
reason for non-release shall be noted on the booking form.
411.5 MISDEMEANOR WARRANTS
An adult arrested on a misdemeanor warrant may be released unless any of the following
conditions exist:
(a) The misdemeanor cited in the warrant involves violence.
(b) The misdemeanor cited in the warrant involves a firearm.
(c) The misdemeanor cited in the warrant involves resisting arrest.
(d) The misdemeanor cited in the warrant involves giving false information to a deputy.
(e) The person arrested is a danger to him/herself or others due to intoxication or being
under the influence of drugs or narcotics.
(f) The person requires medical examination or medical care or was otherwise unable to
care for his/her own safety.
(g) The person has other ineligible charges pending against him/her.
(h) There is reasonable likelihood that the offense or offenses would continue or resume,
or that the safety of persons or property would be immediately endangered by the
release of the person.
(i) The person refuses to sign the notice to appear.
Q) The person cannot provide satisfactory evidence of personal identification.
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(k) The warrant of arrest indicates that the person is not eligible to be released on a notice
to appear.
Release under this section shall be done in accordance with the provisions of this policy.
411.6 JUVENILE CITATIONS
Completion of criminal citations for juveniles is generally not appropriate with the following
exceptions:
• Misdemeanor traffic violations of the Vehicle Code
• Violations of the Fresno County codes
All other misdemeanor violations for juveniles shall be documented with a case number and the
case should be referred to the appropriate bureau for further action.
411.7 JAIL CITATIONS
Refer to Fresno County Sheriff's Office Jail Division Policies and Procedures forjail citation criteria
and procedures ( See attachment: CITATIONS C-220.pdf ).
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PolicyFresno County Sheriff's Office
412 Policy Manual
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.
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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.
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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 Enter Issued Subpoenaed Prosecuted Recognized
Detained Residence Traffic as Witness Family
Subject to Citation Members
Ordinary
Procedures
Diplomatic No No Yes No No Same as
Agent (note (b)) sponsor (full
immunity&
inviolability)
Member of No No Yes No No Same as
Admin and (note (b)) sponsor (full
Tech Staff immunity&
inviolability)
Service Staff Yes Yes Yes Yes No for No immunity
(note (a)) official acts. or inviolability
Yes (note (a))
otherwise
(note (a))
Career Yes if for a Yes Yes No for No for No immunity
Consul felony and (note (d)) official acts official acts. or inviolability
Officer pursuant to Testimony Yes
a warrant may not be otherwise
(note (a)) compelled (note (a))
in any case
Honorable Yes Yes Yes No for No for No immunity
Consul official acts official acts or inviolability
Officer Yes Yes
otherwise. otherwise
Consulate Yes Yes Yes No for No for No immunity
Employees (note (a)) official acts official acts. or inviolability
Yes Yes (note (a))
otherwise. otherwise
(note (a))
Int'I Org Yes Yes Yes Yes No for No immunity
Staff (note (c)) (note (c)) (note (c)) official acts. or inviolability
(note(b)) Yes
otherwise
(note (c))
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Diplomatic- No No Yes No No Same as
Level Staff (note (b)) sponsor (full
of Missions immunity&
to Int'I Org inviolability)
Support Yes Yes Yes Yes No for No immunity
Staff of official acts or inviolability
Missions to Yes
Int'I Orgs otherwise
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.
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Policy Fresno County Sheriff's Office
413 Policy Manual
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.
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(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.
Q) Coordination with private security providers in critical incident target sites.
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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).
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PolicyFresno County Sheriff's Office
4 Policy Manual
Immigration Information
414.1 PURPOSE AND SCOPE
The purpose of this policy is to provide guidance to members of the Fresno County Sheriffs
Office for conducting investigations involving foreign nationals.
414.2 POLICY
It is the policy of the Fresno County Sheriffs Office that all members make personal and
professional commitments to equal enforcement of the law and equal service to the public.
Confidence in this commitment will increase the effectiveness of this office in protecting and
serving the entire community and recognizing the dignity of all persons.
414.3 VICTIMS AND WITNESSES
To encourage crime reporting and cooperation in the investigation of criminal activity, all
individuals, regardless of their immigration status, must feel secure that contacting or being
addressed by members of law enforcement will not automatically lead to immigration inquiry
and/or deportation. While it may be necessary to determine the identity of a victim or witness,
members shall treat all individuals equally and not in any way that would violate the United States
or California constitutions.
414.4 FEDERAL REQUESTS FOR ASSISTANCE
Requests by federal immigration officials, or any other federal agency, for assistance from this
Office should be directed to a supervisor. The Office may provide available support services, such
as traffic control or peacekeeping efforts,to federal immigration officials or other federal agencies.
414.5 INFORMATION SHARING
No member of this office will prohibit, or in any way restrict, any other member from cooperating
with federal immigration officials or doing any of the following (8 USC § 1373; Government Code
§ 7284.6):
(a) Sending information to, or requesting or receiving such information from federal
immigration officials
(b) Maintaining such information in office records
(c) Exchanging such information with any other federal, state, or local government entity
Nothing in this policy restricts sharing information that is permissible under the California Values
Act.
414.6 U VISA AND T VISA NONIMMIGRANT STATUS
Under certain circumstances, federal law allows temporary immigration benefits, known as a U
visa, to victims and witnesses of certain qualifying crimes (8 USC § 1101(a)(15)(U)).
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Immigration Information
Similar immigration protection, known as a T visa, is available for certain qualifying victims of
human trafficking (8 USC § 1101(a)(1 5)(T)).
Any request for assistance in applying for U visa or T visa status should be forwarded in a timely
manner to the Detective Bureau supervisor assigned to oversee the handling of any related case.
The Detective Bureau supervisor shall:
(a) Consult with the assigned investigator to determine the current status of any related
case and whether further documentation is warranted.
(b) Contact the appropriate prosecutor assigned to the case, if applicable, to ensure the
certification or declaration has not already been completed and whether a certification
or declaration is warranted.
(c) Address the request and complete the certification or declaration, if appropriate, in a
timely manner.
1. The instructions for completing certification and declaration forms can be found
on the U.S. Department of Homeland Security (DHS)website.
2. Form 1-918 Supplement B certification shall be completed if the victim qualifies
under Penal Code§ 679.10 (multiple serious offenses). Form 1-914 Supplement
B certification shall be completed if the victim qualifies under Penal Code§236.5
or Penal Code § 679.11 (human trafficking).
(d) Ensure that any decision to complete, or not complete, a certification or declaration
form is documented in the case file and forwarded to the appropriate prosecutor.
Include a copy of any completed form in the case file.
(e) Inform the victim liaison of any requests and their status.
414.6.1 TIME FRAMES FOR COMPLETION
Deputies and their supervisors who are assigned to investigate a case of human trafficking as
defined by Penal Code §236.1 shall complete the above process and the documents needed for
indicating the individual is a victim for the T visa application within 15 business days of the first
encounterwith the victim, regardless of whether it is requested by the victim(Penal Code§236.5).
Deputies and their supervisors shall complete the above process and the documents needed
certifying victim cooperation for a U visa or T visa application pursuant to Penal Code § 679.10
and Penal Code§679.11 within 30 days of a request from the victim, victim's family, or authorized
representative (as defined in Penal Code § 679.10 and Penal Code § 679.11) related to one of
their assigned cases. If the victim is in removal proceedings, the certification shall be processed
within seven days of the first business day following the day the request was received.
414.7 TRAINING
The Training Manager should ensure that all appropriate members receive training on immigration
issues.
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415 Policy Manual
Emergency Utility Service
415.1 PURPOSE AND SCOPE
The County Public Works Department has personnel available to handle emergency calls 24 hours
per day. Calls for service during non-business hours are frequently directed to the Sheriff's Office.
Requests for such service received by this office should be handled in the following manner.
415.1.1 BROKEN WATER LINES
The County s responsibility ends at the water meter; any break or malfunction in the water system
from the water meter to the citizen's residence or business is the customer's responsibility.Public
Works can only turn off the valve at the meter. The citizen can normally accomplish this.
If a break occurs on the County side of the meter, emergency personnel should be called as soon
as practical by the Communications Center.
415.1.2 ELECTRICAL LINES
County Public Works does not maintain electrical lines to street light poles. When a power line
poses a hazard, a deputy should be dispatched to protect against personal injury or property
damage that might be caused by power lines. The Electric Company or Public Works should be
promptly notified, as appropriate.
415.1.3 RESERVOIRS, PUMPS, WELLS, ETC.
Public Works maintains the reservoirs and public water equipment, as well as several underpass
and other street drainage pumps. In the event of flooding or equipment malfunctions, emergency
personnel should be contacted as soon as possible.
415.1.4 EMERGENCY NUMBERS
A current list of emergency personnel who are to be called for municipal utility emergencies is
maintained by the Communications Center.
415.2 TRAFFIC SIGNAL MAINTENANCE
The County of Fresno contracts with a private maintenance company to furnish maintenance for
all traffic signals within the County, other than those maintained by the State of California.
415.2.1 DEPUTY'S RESPONSIBILITY
Upon observing a damaged or malfunctioning signal, the deputy will advise the the
Communications Center of the location and problem with the signal. The dispatcher should make
the necessary notification to the proper maintenance agency. If the sworn member assumes
responsibility for an intersection with a downed sign by directing traffic,the commitment to maintain
the safety of the intersection may rest with the sworn member until the signage is fixed,transferred
to another traffic control person or a temporary device (reference Special Relationship doctrines).
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4 • Policy Manual
Aircraft Accidents
416.1 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.
416.1.1 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.
416.2 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.
416.3 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).
416.4 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.
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416.5 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)
416.6 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.
416.7 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.
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(c) Fluids, batteries, flares and igniters.
(d) Evacuation chutes, ballistic parachute systems and composite materials.
416.8 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.
416.8.1 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.
416.8.2 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.
416.9 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
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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.
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417 Policy Manual
Field Training Officer Program
417.1 PURPOSE AND SCOPE
The Field Training Officer 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 Officer
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.
417.2 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.
417.2.1 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
417.2.2 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 an FTO.
All FTOs must complete a 24-hour Field Training Officer update course every three years while
assigned to the position of FTO (11 CCR 1004).
All FTOs must meet any training mandate regarding crisis intervention behavioral health training
pursuant to Penal Code § 13515.28.
417.3 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.
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The responsibilities of the FTO Program supervisor include the following:
(a) Assignment of trainees to FTOs
(b) Conduct FTO meetings
(c) Maintain and ensure FTO/trainee performance evaluations are completed
(d) Maintain, update, and issue the Field Training Manual to each trainee
(e) Monitor individual FTO performance
(f) Monitor overall FTO Program
(g) Maintain liaison with FTO coordinators of other agencies
(h) Maintain liaison with academy staff on recruit performance during the academy
(i) Develop ongoing training for FTOs
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)).
417.3.1 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.
417.3.2 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
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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)).
417.4 TRAINEE DEFINED
Any entry level or lateral Deputy II newly appointed to the Fresno County Sheriffs Office who has
successfully completed a POST approved Basic Academy.
417.5 REQUIRED TRAINING
Entry level deputies shall be required to successfully complete the Field Training Program,
consisting of a minimum of 10 weeks (11 CCR 1004; 11 CCR 1005).
The training period for a lateral deputy may be modified depending on the trainee's demonstrated
performance and level of experience. A lateral deputy may be exempt from the Field Training
Program requirement if the deputy qualifies for an exemption as provided in 11 CCR 1005(a)(B).
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.
417.5.1 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 will specifically cover those policies, procedures, rules, and regulations
adopted by the Fresno County Sheriff's Office.
417.6 EVALUATIONS
Evaluations are an important component of the training process and shall be completed as outlined
below.
417.6.1 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.
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(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.
417.6.2 IMMEDIATE SUPERVISOR
The immediate supervisor shall review and approve the DORs and forward them to the Field
Training Commander.
417.6.3 FIELD TRAINING COMMANDER
The Field Training Commander will review and approve the Daily Observation Reports submitted
by the FTO through his/her immediate supervisor.
417.6.4 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.
417.7 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
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4 •• Policy Manual
Obtaining Air Support
418.1 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.
418.2 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.
418.2.1 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.
418.2.2 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.
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4 Policy Manual
Contacts and Temporary Detentions
419.1 PURPOSE AND SCOPE
The purpose of this policy is to establish guidelines for temporarily detaining but not arresting
persons in the field, conducting field interviews (FI) and pat-down searches, and the taking and
disposition of photographs.The term"deputy"is referenced throughout this policy. For clarification,
office members with peace officer powers and deputies should be considered synonymous as it
relates to this policy.
419.1.1 DEFINITIONS
Definitions related to this policy include:
Consensual encounter - When a deputy contacts an individual but does not create a detention
through words, actions, or other means. In other words, a reasonable individual would believe that
his/her contact with the deputy is voluntary.
Field interview - The brief detainment of an individual, whether on foot or in a vehicle, based
on reasonable suspicion for the purpose of determining the individual's identity and resolving the
deputy's suspicions.
Field photographs- Posed photographs taken of a person during a contact,temporary detention,
or arrest in the field. Undercover surveillance photographs of an individual and recordings captured
by the normal operation of a Mobile Audio Video (MAV) system, body-worn camera, or public
safety camera when persons are not posed for the purpose of photographing are not considered
field photographs.
Pat-down search - A type of search used by deputies in the field to check an individual for
dangerous weapons. It involves a thorough patting-down of clothing to locate any weapons or
dangerous items that could pose a danger to the deputy, the detainee, or others.
Reasonable suspicion - When, under the totality of the circumstances, a deputy has articulable
facts that criminal activity may be afoot and a particular person is connected with that possible
criminal activity.
Temporary detention - When a deputy intentionally, through words, actions, or physical force,
causes an individual to reasonably believe he/she is required to restrict his/her movement without
an actual arrest. Temporary detentions also occur when a deputy actually restrains a person's
freedom of movement.
419.2 POLICY
The Fresno County Sheriff's Office respects the right of the public to be free from unreasonable
searches or seizures. Due to an unlimited variety of situations confronting the deputy, the decision
to temporarily detain a person and complete a field interview (FI), pat-down search, or field
photograph shall be left to the deputy based on the totality of the circumstances, officer safety
considerations, and constitutional safeguards.
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419.3 FIELD INTERVIEWS
Based on observance of suspicious circumstances or upon information from investigation, a
deputy may initiate the stop of a person, and conduct an FI, when there is articulable, reasonable
suspicion to do so. A person, however, shall not be detained longer than is reasonably necessary
to resolve the deputy's suspicion.
Nothing in this policy is intended to discourage consensual contacts. Frequent casual contact
with consenting individuals is encouraged by the Fresno County Sheriff's Office to strengthen
community involvement, community awareness, and problem identification.
419.3.1 INITIATING A FIELD INTERVIEW
When initiating the stop,the deputy should be able to point to specific facts which,when considered
with the totality of the circumstances, reasonably warrant the stop. Such facts include but are not
limited to an individual's:
(a) Appearance or demeanor suggesting that he/she is part of a criminal enterprise or is
engaged in a criminal act
(b) Actions suggesting that he/she is engaged in a criminal activity
(c) Presence in an area at an inappropriate hour of the day or night
(d) Presence in a particular area is suspicious
(e) Carrying of suspicious objects or items
(f) Excessive clothes for the climate or clothes bulging in a manner that suggest he/she
is carrying a dangerous weapon
(g) Location in proximate time and place to an alleged crime
(h) Physical description or clothing worn that matches a suspect in a recent crime
(i) Prior criminal record or involvement in criminal activity as known by the deputy
419.4 PAT-DOWN SEARCHES
Once a valid stop has been made, and consistent with the deputy's training and experience, a
deputy may pat a suspect's outer clothing for weapons if the deputy has a reasonable, articulable
suspicion the suspect may pose a safety risk. The purpose of this limited search is not to discover
evidence of a crime, but to allow the deputy to pursue the investigation without fear of violence.
Circumstances that may establish justification for performing a pat-down search include but are
not limited to:
(a) The type of crime suspected, particularly in crimes of violence where the use or threat
of deadly weapons is involved.
(b) Where more than one suspect must be handled by a single deputy.
(c) The hour of the day and the location or neighborhood where the stop takes place.
(d) Prior knowledge of the suspect's use of force and/or propensity to carry weapons.
(e) The actions and demeanor of the suspect.
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(f) Visual indications which suggest that the suspect is carrying a firearm or otherweapon.
Whenever practicable, a pat-down search should not be conducted by a lone deputy. A cover
deputy should be positioned to ensure safety and should not be involved in the search.
419.5 FIELD INTERVIEW PHOTOGRAPHS
Before photographing any field detainee, the deputy shall carefully consider, among other things,
the factors listed below.
419.5.1 FIELD INTERVIEW PHOTOGRAPHS TAKEN WITH CONSENT
Field photographs may be taken when the subject being photographed knowingly and voluntarily
gives consent.
419.5.2 FIELD INTERVIEW PHOTOGRAPHS TAKEN WITHOUT CONSENT
Field interview photographs may be taken without consent only if they are taken during a
detention that is based upon reasonable suspicion of criminal activity, and the photograph serves a
legitimate law enforcement purpose related to the detention. The deputy must be able to articulate
facts that reasonably indicate that the subject was involved in or was about to become involved in
criminal conduct. The subject should not be ordered to remove or lift any clothing for the purpose
of taking a photograph.
If, prior to taking a photograph, the deputy's reasonable suspicion of criminal activity has been
dispelled, the detention must cease and the photograph should not be taken.
All field interview photographs and related reports shall be submitted to a supervisor and retained
in compliance with this policy.
419.5.3 SUPERVISOR RESPONSIBILITIES
While it is recognized that field photographs often become valuable investigative tools, supervisors
should monitor such practices in view of the above listed considerations. This is not to imply that
supervisor approval is required before each photograph is taken.
Access to, and use of, field photographs shall be strictly limited to law enforcement purposes.
419.6 WITNESS IDENTIFICATION AND INTERVIEWS
Because potential witnesses to an incident may become unavailable or the integrity of their
statements compromised with the passage of time, deputies should, when warranted by the
seriousness of the case,take reasonable steps to promptly coordinate with an on-scene supervisor
and/or criminal investigator to utilize available members for the following:
(a) Identifying all persons present at the scene and in the immediate area.
1. When feasible, a statement should be obtained from those who claim not to
have witnessed the incident but who were present at the time it occurred.
Photographing the person(s) should also be considered.
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
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probable cause to arrest. Without detaining the individual for the sole purpose
of identification, deputies 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 Fresno County Sheriff's Office members.
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 transport.
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420
Policy Manual
Criminal Organizations
420.1 PURPOSE AND SCOPE
The purpose of this policy is to ensure that the Fresno County Sheriff's Office appropriately utilizes
criminal intelligence systems and temporary information files to support investigations of criminal
organizations and enterprises.
420.1.1 DEFINITIONS
Definitions related to this policy include:
Criminal intelligence system - Any record system that receives, stores, exchanges or
disseminates information that has been evaluated and determined to be relevant to the
identification of a criminal organization or enterprise, its members or affiliates. This does not
include temporary information files.
420.2 POLICY
The Fresno County Sheriff's Office recognizes that certain criminal activities, including but not
limited to gang crimes and drug trafficking, often involve some degree of regular coordination and
may involve a large number of participants over a broad geographical area.
It is the policy of this office to collect and share relevant information while respecting the privacy
and legal rights of the public.
420.3 CRIMINAL INTELLIGENCE SYSTEMS
No office member may create, submit to or obtain information from a criminal intelligence system
unless the Sheriff has approved the system for office use.
Any criminal intelligence system approved for office use should meet or exceed the standards of
28 CFR 23.20.
A designated supervisor will be responsible for maintaining each criminal intelligence system that
has been approved for office use. The supervisor or the authorized designee should ensure the
following:
(a) Members using any such system are appropriately selected and trained.
(b) Use of every criminal intelligence system is appropriately reviewed and audited.
(c) Any system security issues are reasonably addressed.
420.3.1 SYSTEM ENTRIES
It is the designated supervisor's responsibility to approve the entry of any information from a
report,field interview(FI), photo or other relevant document into an authorized criminal intelligence
system. If entries are made based upon information that is not on file with this office, such as
open or public source documents or documents that are on file at another agency, the designated
supervisor should ensure copies of those documents are retained by the Records Unit. Any
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supporting documentation for an entry shall be retained by the Records Unit in accordance with
the established records retention schedule and for at least as long as the entry is maintained in
the system.
The designated supervisor should ensure that any documents retained by the Records Unit are
appropriately marked as intelligence information. The Records Unit Commander may not purge
such documents without the approval of the designated supervisor.
420.3.2 CRIMINAL INTELLIGENCE FILES
Criminal intelligence information gathering and the associated files utilized by the VICE Unit shall
conform to the standards and regulations of this policy and 28 CFR 23.20.
420.4 TEMPORARY INFORMATION FILE
No member may create or keep files on individuals that are separate from the approved criminal
intelligence system. However, members may maintain temporary information that is necessary to
actively investigate whether a person or group qualifies for entry into the office-approved criminal
intelligence system only as provided in this section. Once information qualifies for inclusion,
it should be submitted to the supervisor responsible for consideration of criminal intelligence
system entries.
420.4.1 FILE CONTENTS
A temporary information file may only contain information and documents that,within one year,will
have a reasonable likelihood to meet the criteria for entry into an authorized criminal intelligence
system.
Information and documents contained in a temporary information file:
(a) Must only be included upon documented authorization of the responsible office
supervisor.
(b) Should not be originals that would ordinarily be retained by the Records Unit or
Property and Evidence Unit, but should be copies of, or references to, retained
documents such as copies of reports, FI forms, the Communications Center records
or booking forms.
(c) Shall not include opinions. No person, organization or enterprise shall be labeled as
being involved in crime beyond what is already in the document or information.
(d) May include information collected from publicly available sources or references to
documents on file with another government agency. Attribution identifying the source
should be retained with the information.
420.4.2 FILE REVIEW AND PURGING
The contents of a temporary information file shall not be retained longer than one year. At the end
of one year, the contents must be purged.
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The designated supervisor shall periodically review the temporary information files to verify that
the contents meet the criteria for retention. Validation and purging of files is the responsibility of
the supervisor.
420.5 INFORMATION RECOGNITION
Office members should document facts that suggest an individual, organization or enterprise is
involved in criminal activity and should forward that information appropriately. Examples include,
but are not limited to:
(a) Gang indicia associated with a person or residence.
(b) Information related to a drug-trafficking operation.
(c) Vandalism indicating an animus for a particular group.
(d) Information related to an illegal gambling operation.
Office supervisors who utilize an authorized criminal intelligence system should work with the
Training Manager to train members to identify information that may be particularly relevant for
inclusion.
420.6 RELEASE OF INFORMATION
Office members shall comply with the rules of an authorized criminal intelligence system regarding
inquiries and release of information.
Information from a temporary information file may only be furnished to office members and other
law enforcement agencies on a need-to-know basis and consistent with the Records Maintenance
and Release Policy.
When an inquiry is made by the parent or guardian of a juvenile as to whether that juvenile's
name is in a temporary information file, such information should be provided by the supervisor
responsible for the temporary information file, unless there is good cause to believe that the
release of such information might jeopardize an ongoing criminal investigation.
420.7 CRIMINAL STREET GANGS
The Detective Bureau supervisor should ensure that there are an appropriate number of office
members who can:
(a) Testify as experts on matters related to criminal street gangs, and maintain an above
average familiarity with:
1. Any organization, associate or group of three or more persons that meets the
definition of a criminal street gang under Penal Code § 186.22(f).
2. Identification of a person as a criminal street gang member and criminal street
gang-related crimes.
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3. The California Street Terrorism Enforcement and Prevention Act (Penal Code
§ 186.21 et seq.), associated crimes and what defines a criminal street gang
(Penal Code § 186.22).
(b) Coordinate with other agencies in the region regarding criminal street gang-related
crimes and information.
(c) Train other members to identify gang indicia and investigate criminal street gang-
related crimes.
420.8 TRAINING
The Training Manager should provide training on best practices in the use of each authorized
criminal intelligence system to those tasked with investigating criminal organizations and
enterprises. Training should include:
(a) The protection of civil liberties.
(b) Participation in a multiagency criminal intelligence system.
(c) Submission of information into a multiagency criminal intelligence system or the receipt
of information from such a system, including any governing federal and state rules
and statutes.
(d) The type of information appropriate for entry into a criminal intelligence system or
temporary information file.
(e) The review and purging of temporary information files.
420.8.1 SHARED GANG DATABASE TRAINING
The Training Manager should ensure that members who are authorized users of a shared gang
database receive the required training from the California Department of Justice (DOJ) or an
instructor certified by the DOJ that includes comprehensive and standardized training on the use
of shared gang databases, and any other associated training required by the Office (Penal Code
§ 186.36; 11 CCR 751.6).
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Policy Fresno County Sheriff's Office
421 Policy Manual
Patrol Watch Commanders
421.1 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.
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PolicyFresno County Sheriff's Office
422 Policy Manual
Mobile Data Terminal Use
422.1 PURPOSE AND SCOPE
The purpose of this policy is to establish guidelines for the proper access, use and application
of the Mobile Data Terminal (MDT) system in order to ensure appropriate access to confidential
records from local, state and national law enforcement databases, and to ensure effective
electronic communications between office members and the Communications Center.
422.2 POLICY
Fresno County Sheriffs Office members using the MDT shall comply with all appropriate federal
and state rules and regulations and shall use the MDT in a professional manner, in accordance
with this policy.
422.3 PRIVACY EXPECTATION
Members forfeit any expectation of privacy with regard to messages accessed, transmitted,
received or reviewed on any office technology system (see the Information Technology Use Policy
for additional guidance).
422.4 RESTRICTED ACCESS AND USE
MDT use is subject to the Information Technology Use and Protected Information policies.
Members shall not access the MDT system if they have not received prior authorization and the
required training. Members shall immediately report unauthorized access or use of the MDT to
their supervisors or Watch Commanders.
Use of the MDT system to access law enforcement databases or transmit messages is restricted
to official activities, business-related tasks and communications that are directly related to the
business, administration or practices of the Office. In the event that a member has questions about
sending a particular message or accessing a particular database, the member should seek prior
approval from his/her supervisor.
Sending derogatory, defamatory, obscene, disrespectful, sexually suggestive, harassing or any
other inappropriate messages on the MDT system is prohibited and may result in discipline.
It is a violation of this policy to transmit a message or access a law enforcement database under
another member's name or to use the password of another member to log in to the MDT system
unless directed to do so by a supervisor. Members are required to log off the MDT or secure
the MDT when it is unattended. This added security measure will minimize the potential for
unauthorized access or misuse.
422.4.1 USE WHILE DRIVING
Use of the MDT by the vehicle operator should be limited to times when the vehicle is stopped.
Information that is required for immediate enforcement, investigative, tactical or safety needs
should be transmitted over the radio.
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Short transmissions, such as a license plate check, are permitted if it reasonably appears that
it can be done safely. In no case shall an operator attempt to send or review lengthy messages
while the vehicle is in motion.
422.5 DOCUMENTATION OF ACTIVITY
Except as otherwise directed by the Watch Commander or other office-established protocol, all
calls for service assigned by a dispatcher should be communicated by voice over the sheriff radio
and electronically via the MDT unless security or confidentiality prevents such broadcasting.
MDT and voice transmissions are used to document the member's daily activity. To ensure
accuracy:
(a) All contacts or activity shall be documented at the time of the contact, unlesss officer
safety would be compromised.
(b) Whenever the activity or contact is initiated by voice, it should be documented by
a dispatcher.
(c) Whenever the activity or contact is not initiated by voice, the member shall document
it via the MDT.
422.5.1 STATUS CHANGES
All changes in status (e.g., arrival at scene, meal periods, in service) will be transmitted over
the sheriff radio or through the MDT system.
Members responding to in-progress calls should advise changes in status over the radio to
assist other members responding to the same incident. Other changes in status can be made on
the MDT when the vehicle is not in motion.
422.5.2 EMERGENCY ACTIVATION
If there is an emergency activation and the member does not respond to a request for confirmation
of the need for emergency assistance or confirms the need, available resources will be sent to
assist in locating the member. If the location is known,the nearest available deputy should respond
in accordance with the Deputy Response to Calls Policy.
Members should ensure a field supervisor and the Watch Commander are notified of the incident
without delay.
Deputies not responding to the emergency shall refrain from transmitting on the sheriff radio until
a no-further-assistance broadcast is made or if they are also handling an emergency.
422.6 EQUIPMENT CONSIDERATIONS
422.6.1 MALFUNCTIONING MDT
Whenever possible, members will not use vehicles with malfunctioning MDTs. Whenever
members must drive a vehicle in which the MDT is not working, they shall notify the
Communications Center. It shall be the responsibility of the dispatcher to document all information
that will then be transmitted verbally over the sheriff radio.
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422.6.2 BOMB CALLS
When investigating reports of possible bombs, members should not communicate on their MDTs
when in the evacuation area of a suspected explosive device. Radio frequency emitted by the MDT
could cause some devices to detonate.
422.6.3 AUTO VEHICLE LOCATION (AVL) USE
Auto Vehicle Location (AVL)systems are utilized to enhance safety and efficiency. Members shall
ensure the AVL system is not intentionally compromised or disabled while the vehicle is in motion.
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Policy Fresno County Sheriff's Office
423 Policy Manual
Portable Audio/Video Recorders
423.1 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 Sheriffs Office facility, authorized undercover operations, wiretaps or
eavesdropping (concealed listening devices).
423.2 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.
423.3 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.
423.4 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.
423.4.1 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
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shooting or death or other serious incident, and ensure the data is downloaded (Penal Code §
832.18).
423.5 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 tojeopardize 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.
423.5.1 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.
423.5.2 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.
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423.5.3 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).
423.6 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.
423.6.1 PROHIBITED USE OF BIOMETRIC SURVEILLANCE SYSTEM
The installation, activation, or use of biometric surveillance systems, including facial recognition,
in connection with portable recorders is prohibited (Penal Code § 832.19).
423.7 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.
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(e) Medical or mental health information is contained.
(f) Disclosure may compromise an undercover officer or confidential informant.
Any time a member reasonably believes a recorded contact may be beneficial in a non-criminal
matter (e.g., a hostile contact), the member should promptly notify a supervisor of the existence
of the recording.
423.8 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.
423.9 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.
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(d) Establishing a system for tagging and categorizing data according to the type of
incident captured.
(e) Establishing a system to prevent tampering, deleting and copying recordings and
ensure chain of custody integrity.
(f) Working with counsel to ensure an appropriate retention schedule is being applied to
recordings and associated documentation.
(g) Maintaining logs of access and deletions of recordings.
423.10 RETENTION OF RECORDINGS
Recordings of the following should be retained for a minimum of two years (Penal Code§832.18):
(a) Incidents 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 Sheriffs 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).
423.10.1 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.
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PolicyFresno County Sheriff's Office
4 Policy Manual
Public Recording of Law Enforcement Activity
424.1 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.
424.2 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.
424.3 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.
424.4 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
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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.
424.5 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.
424.6 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
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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.
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PolicyFresno County Sheriff's Office
425 Policy Manual
Medical Marijuana
425.1 PURPOSE AND SCOPE
The purpose of this policy is to provide members of this office with guidelines for investigating the
acquisition, possession, transportation, delivery, production or use of marijuana under California's
medical marijuana laws.
425.1.1 DEFINITIONS
Definitions related to this policy include:
Cardholder-A person issued a current identification card.
Compassionate Use Act(CUA) (Health and Safety Code § 11362.5) -California law intended to
provide protection from prosecution to those who are seriously ill and whose health would benefit
from the use of marijuana in the treatment of illness for which marijuana provides relief. The CILIA
does not grant immunity from arrest but rather provides an affirmative defense from prosecution
for possession of medical marijuana.
Identification card - A valid document issued by the California Department of Public Health to
both persons authorized to engage in the medical use of marijuana and also to designated primary
caregivers.
Medical marijuana- Marijuana possessed by a patient or primary caregiver for legitimate medical
purposes.
Medical Marijuana Program (MMP) (Health and Safety Code§ 11362.7 et seq.)-California laws
passed following the CILIA to facilitate the prompt identification of patients and their designated
primary caregivers in order to avoid unnecessary arrests and provide needed guidance to
law enforcement officers. MMP prohibits arrest for possession of medical marijuana in certain
circumstances and provides a defense in others.
Patient - A person who is entitled to the protections of the CILIA because he/she has received
a written or oral recommendation or approval from a physician to use marijuana for medical
purposes or any person issued a valid identification card.
Primary caregiver - A person designated by the patient, who has consistently assumed
responsibility for the patient's housing, health or safety,who may assist the patient with the medical
use of marijuana under the CILIA or the MMP (Health and Safety Code § 11362.5; Health and
Safety Code § 11362.7).
Statutory amount- No more than 8 ounces of dried, mature, processed female marijuana flowers
("bud") or the plant conversion (e.g., kief, hash, hash oil), and no more than six mature or 12
immature marijuana plants (roots, stems and stem fibers should not be considered) (Health and
Safety Code § 11362.77).
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425.2 POLICY
It is the policy of the Fresno County Sheriff's Office to prioritize resources to forgo making arrests
related to marijuana that the arresting deputy reasonably believes would not be in violation of
state or federal statutes.
California's medical marijuana laws are intended to provide protection to those who are seriously
ill and whose health would benefit from the use of medical marijuana.
However, California medical marijuana laws do not affect federal laws and there is no medical
exception under federal law for the possession or distribution of marijuana.
425.3 INVESTIGATION
Investigations involving the possession, delivery, production or use of marijuana generally fall into
one of several categories:
(a) Investigations when no person makes a medicinal claim.
(b) Investigations when a medicinal claim is made by a cardholder.
(c) Investigations when a medicinal claim is made by a non-cardholder.
425.3.1 INVESTIGATIONS WITH NO MEDICINAL CLAIM
In any investigation involving the possession, delivery, production or use of marijuana or drug
paraphernalia where no person claims that the marijuana is used for medicinal purposes, the
deputy should proceed with a criminal investigation if the amount is greater than permitted for
personal use under the Control, Regulate and Tax Adult Use of Marijuana Act (Health and Safety
Code § 11362.1; Health and Safety Code § 11362.2). A medicinal defense may be raised at any
time, so deputies should document any statements and observations that may be relevant to
whether the marijuana was possessed or produced for medicinal purposes.
425.3.2 INVESTIGATIONS INVOLVING A MEDICINAL CLAIM MADE BY A CARDHOLDER
A cardholder or designated primary caregiver in possession of an identification card shall not be
arrested for possession, transportation, delivery or cultivation of medical marijuana at or below
the statutory amount unless there is probable cause to believe that (Health and Safety Code §
11362.71; Health and Safety Code § 11362.78):
(a) The information contained in the card is false or falsified.
(b) The card has been obtained or used by means of fraud.
(c) The person is otherwise in violation of the provisions of the MMP.
(d) The person possesses marijuana but not for personal medical purposes.
Deputies who reasonably believe that a person who does not have an identification card in his/
her possession has been issued an identification card may treat the investigation as if the person
had the card in his/her possession.
Cardholders may possess, transport, deliver or cultivate medical marijuana in amounts above
the statutory amount if their doctor has concluded that the statutory amount does not meet
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Medical Marijuana
the patient's medical needs (Health and Safety Code § 11362.71; Health and Safety Code §
11362.77). Investigations involving cardholders with more than the statutory amount of marijuana
should be addressed as provided in this policy for a case involving a medicinal claim made by
a non-cardholder.
425.3.3 INVESTIGATIONS INVOLVING A MEDICINAL CLAIM MADE BY A NON-
CARDHOLDER
No patient or primary caregiver should be arrested for possession or cultivation of an amount
of medical marijuana if the deputy reasonably believes that marijuana is in a form and amount
reasonably related to the qualified patient's current medical needs (Health and Safety Code
§ 11362.5). This arrest guidance also applies to sales, transportation or delivery of medical
marijuana, or maintaining/renting a drug house or building that may be a nuisance if otherwise in
compliance with MMP (Health and Safety Code § 11362.765).
Deputies are not obligated to accept a person's claim of having a physician's recommendation
when the claim cannot be readily verified with the physician but are expected to use theirjudgment
to assess the validity of the person's medical-use claim.
Deputies should review any available written documentation for validity and whether it contains
the recommending physician's name, telephone number, address and medical license number
for verification.
Deputies should generally accept verified recommendations by a physician that statutory amounts
do not meet the patient's needs (Health and Safety Code § 11362.77).
425.3.4 ADDITIONAL CONSIDERATIONS
Deputies should consider the following when investigating an incident involving marijuana
possession, delivery, production, or use:
(a) Because enforcement of medical marijuana laws can be complex, time consuming,
and call for resources unavailable at the time of initial investigation, deputies may
consider submitting a report to the prosecutor for review, in lieu of making an arrest.
This can be particularly appropriate when:
1. The suspect has been identified and can be easily located at a later time.
2. The case would benefit from review by a person with expertise in medical
marijuana investigations.
3. Sufficient evidence, such as photographs or samples, has been lawfully
obtained.
4. Other relevant factors, such as available office resources and time constraints
prohibit making an immediate arrest.
(b) Whenever the initial investigation reveals an amount of marijuana greater than the
statutory amount, deputies should consider the following when determining whether
the form and amount is reasonably related to the patient's needs:
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1. The amount of marijuana recommended by a medical professional to be
ingested.
2. The quality of the marijuana.
3. The method of ingestion (e.g., smoking, eating, nebulizer).
4. The timing of the possession in relation to a harvest (patient may be storing
marijuana).
5. Whether the marijuana is being cultivated indoors or outdoors.
(c) Before proceeding with enforcement related to collective gardens or dispensaries,
deputies should consider conferring with a supervisor, an applicable state regulatory
agency or other member with special knowledge in this area, and/or appropriate legal
counsel (Business and Professions Code §26010; Business and Professions Code §
26060). Licensing, zoning, and other related issues can be complex. Patients, primary
caregivers, and cardholders who collectively or cooperatively cultivate marijuana for
medical purposes may be licensed or may have a defense in certain circumstances
(Business and Professions Code §26032; Business and Professions Code §26033).
(d) Investigating members should not order a patient to destroy marijuana plants under
threat of arrest.
425.3.5 EXCEPTIONS
This policy does not apply to, and deputies should consider taking enforcement action for the
following:
(a) Persons who engage in illegal conduct that endangers others, such as driving under
the influence of marijuana in violation of the Vehicle Code (Health and Safety Code
§ 11362.5).
(b) Marijuana possession in jails or other correctional facilities that prohibit such
possession (Health and Safety Code § 11362.785).
(c) Smoking marijuana (Health and Safety Code § 11362.79):
1. In any place where smoking is prohibited by law.
2. In or within 1,000 feet of the grounds of a school, recreation center or youth
center, unless the medical use occurs within a residence.
3. On a school bus.
4. While in a motor vehicle that is being operated.
5. While operating a boat.
(d) Use of marijuana by a person on probation or parole, or on bail and use is prohibited
by the terms of release (Health and Safety Code § 11362.795).
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425.3.6 INVESTIGATIONS INVOLVING A STATE LICENSEE
No person issued a state license under the Business and Professions Code shall be arrested
or cited for cultivation, possession, manufacture, processing, storing, laboratory testing, labeling,
transporting, distribution or sale of medical cannabis or a medical cannabis product related to
qualifying patients and primary caregivers when conducted lawfully. Whether conduct is lawful
may involve questions of license classifications, local ordinances, specific requirements of the
Business and Professions Code and adopted regulations. Deputies should consider conferring
with a supervisor, the applicable state agency or other member with special knowledge in this
area and/or appropriate legal counsel before taking enforcement action against a licensee or an
employee or agent (Business and Professions Code § 26032).
425.4 FEDERAL LAW ENFORCEMENT
Deputies should provide information regarding a marijuana investigation to federal law
enforcement authorities when it is requested by federal law enforcement authorities or whenever
the deputy believes those authorities would have a particular interest in the information.
425.5 PROPERTY AND EVIDENCE UNIT SUPERVISOR RESPONSIBILITIES
The Property and Evidence Unit supervisor should ensure that marijuana, drug paraphernalia or
other related property seized from a person engaged or assisting in the use of medical marijuana
is not destroyed pending any charges and without a court order. The Property and Evidence Unit
supervisor is not responsible for caring for live marijuana plants.
Upon the prosecutor's decision to forgo prosecution, or the dismissal of charges or an acquittal,
the Property and Evidence Unit supervisor should, as soon as practicable, return to the person
from whom it was seized any useable medical marijuana, plants, drug paraphernalia or other
related property.
The Property and Evidence Unit supervisor may release marijuana to federal law enforcement
authorities upon presentation of a valid court order or by a written order of the Detective Bureau
supervisor.
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Policy Fresno County Sheriff's Office
4 • Policy Manual
Bicycle Patrol
426.1 PURPOSE AND SCOPE
The Fresno County Sheriffs Office uses bicycles for the purpose of enhancing patrol efforts in the
community. Bicycle patrol has been shown to be an effective way to increase officer visibility in
congested areas and their quiet operation can provide a tactical approach to crimes in progress.
The purpose of this policy is to provide guidelines for the safe and effective operation of the patrol
bicycle.
426.2 POLICY
Patrol bicycles may be used for regular patrol duty, traffic enforcement, parking control, or special
events. The use of the patrol bicycle will emphasize their mobility and visibility to the community.
Bicycles may be deployed to any area at all hours of the day or night, according to Office needs
and as staffing levels allow.
Requests for specific deployment of bicycle patrol deputies shall be coordinated through the
Training Unit Commander or the Unit Commander.
426.3 TRAINING
Members who use a bicycle for patrol must first complete an initial Office approved bicycle-training
course.Thereafter bicycle patrol deputies should receive twice yearly in-service training to improve
skills and refresh safety, health and operational procedures. The initial training shall minimally
include the following:
• Bicycle patrol strategies.
• Bicycle safety and accident prevention.
• Operational tactics using bicycles.
Bicycle patrol deputies will be required to qualify with their duty firearm while wearing bicycle safety
equipment including the helmet and riding gloves.
426.4 UNIFORMS AND EQUIPMENT
Deputies shall wear the office-approved uniform and safety equipment while operating the office
bicycle. Safety equipment includes office-approved helmet, riding gloves, protective eyewear and
approved footwear.
The bicycle patrol uniform consists of the standard short-sleeve uniform shirt or other office-
approved shirt with office badge and patches, and office-approved bicycle patrol pants or shorts.
Optional equipment includes a radio head set and microphone, and jackets in colder weather.
Turtleneck shirts or sweaters are permitted when worn under the uniform shirt.
Bicycle patrol deputies shall carry the same equipment on the bicycle patrol duty belt as they
would on a regular patrol assignment.
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Deputies will be responsible for obtaining the necessary forms, citation books and other office
equipment needed while on bicycle patrol.
426.5 CARE AND USE OF PATROL BICYCLES
Deputies will be assigned a specially marked and equipped patrol bicycle, attached gear bag, two
batteries and a charger.
Bicycles utilized for uniformed bicycle patrol shall be primarily black or white in with a "SHERIFF"
decal affixed to each side of the crossbar or the bike's saddlebag. Every such bicycle shall be
equipped with front and rear reflectors front lights and a siren/horn satisfying the requirements of
Vehicle Code §2800.1(b).
Bicycles utilized for uniformed bicycle patrol shall be equipped with a rear rack and/or saddle
bag(s) sufficient to carry all necessary equipment to handle routine patrol calls including report
writing, vehicle storage and citations.
Each bicycle gear bag should include a first aid kit, tire pump, repair tool, tire tube, security lock,
equipment information and use manuals.These items are to remain with/on the bicycle at all times.
Each bicycle shall be equipped with a steady or flashing blue warning light that is visible from the
front, sides, or rear of the bicycle. (Vehicle Code § 21201.3)
Bicycle deputies shall conduct an inspection of the bicycle and equipment prior to use to insure
proper working order of the equipment. Deputies are responsible for the routine care and
maintenance of their assigned equipment (e.g., tire pressure, chain lubrication, overall cleaning).
If a needed repair is beyond the ability of the bicycle officer, a repair work order will be completed
and forwarded to the program coordinator for repair by an approved technician.
Each bicycle will have scheduled maintenance twice yearly to be performed by an office approved
repair shop/technician.
At the end of a bicycle assignment, the bicycle shall be returned clean and ready for the next
tour of duty.
Electric patrol bicycle batteries shall be rotated on the assigned charger at the end of each tour
of duty. During prolonged periods of non-use, each officer assigned an electric bicycle shall
periodically rotate the batteries on the respective charges to increase battery life.
Deputies shall not modify the patrol bicycle, remove, modify or add components except with the
expressed approval of the bicycle supervisor, or in the event of an emergency.
Vehicle bicycle racks are available should the deputy need to transport the patrol bicycle. Due
to possible component damage, transportation of the patrol bicycle in a trunk or on a patrol car
push-bumper is discouraged.
Bicycles shall be properly secured when not in the deputy's immediate presence.
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426.6 DEPUTY RESPONSIBILITY
Deputies must operate the bicycle in compliance with the vehicle code under normal operation.
Deputies may operate the bicycle without lighting equipment during hours of darkness when such
operation reasonably appears necessary for officer safety and tactical considerations. Deputies
must use caution and care when operating the bicycle without lighting equipment.
Deputies are exempt from the rules of the road under the following conditions (Vehicle Code §
21200(b)(1)):
(a) In response to an emergency call.
(b) While engaged in rescue operations.
(c) In the immediate pursuit of an actual or suspected violator of the law.
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PolicyFresno County Sheriff's Office
427 Policy Manual
Foot Pursuits
427.1 PURPOSE AND SCOPE
This policy provides guidelines to assist deputies in making the decision to initiate or continue the
pursuit of suspects on foot.
427.1.1 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.
427.2 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.
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(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.
427.3 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.
Q) The deputy reasonably believes that the danger to the pursuing deputies or public
outweighs the objective of immediate apprehension.
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(k) The deputy loses possession of his/her firearm or other essential equipment.
(1) 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.
427.4 RESPONSIBILITIES IN FOOT PURSUITS
427.4.1 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
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further actions as reasonably appear necessary, to include requesting medical aid as needed
for deputies, suspects or members of the public.
427.4.2 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.
427.4.3 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.
427.4.4 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.
427.5 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.
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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.
427.6 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.
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PolicyFresno County Sheriff's Office
4 •• Policy Manual
Automated License Plate Readers (ALPRs)
428.1 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.
428.2 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.
428.2.1 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.
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428.3 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.
428.4 DATA COLLECTION AND RETENTION
All data and images gathered by an ALPR are for the official use of the Fresno County Sheriffs
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.
428.5 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.
428.6 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
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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.
428.7 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).
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PolicyFresno County Sheriff's Office
4 Policy Manual
Homeless Persons
429.1 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 Sheriffs 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.
429.1.1 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.
429.2 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.
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Homeless Persons
429.3 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.
429.3.1 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.
429.4 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.
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Homeless Persons
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.
429.5 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.
429.6 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.
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Policy Fresno County Sheriff's Office
430
Policy Manual
Response to Crowd Situations
430.1 PURPOSE AND SCOPE
This policy provides guidance for responding to public assemblies or demonstrations.
430.2 POLICY
The Fresno County Sheriff's Office respects the rights of people to peaceably assemble. It is the
policy of this office not to unreasonably interfere with, harass, intimidate or discriminate against
persons engaged in the lawful exercise of their rights, while also preserving the peace, protecting
life and preventing the destruction of property.
430.3 GENERAL CONSIDERATIONS
Individuals or groups present on the public way, such as public facilities, streets or walkways,
generally have the right to assemble, rally, demonstrate, protest or otherwise express their views
and opinions through varying forms of communication, including the distribution of printed matter.
These rights may be limited by laws or ordinances regulating such matters as the obstruction
of individual or vehicle access or egress, trespass, noise, picketing, distribution of handbills and
leafleting, and loitering. However, deputies shall not take action or fail to take action based on the
opinions being expressed.
Participant behavior during a demonstration or other public assembly can vary. This may include,
but is not limited to:
• Lawful, constitutionally protected actions and speech.
• Civil disobedience (typically involving minor criminal acts).
• Rioting.
All of these behaviors may be present during the same event. Therefore, it is imperative that law
enforcement actions are measured and appropriate for the behaviors deputies may encounter.
This is particularly critical if force is being used.Adaptable strategies and tactics are essential.The
purpose of a law enforcement presence at the scene of public assemblies and demonstrations
should be to preserve the peace, to protect life and prevent the destruction of property.
Deputies should not:
(a) Engage in assembly or demonstration-related discussion with participants.
(b) Harass, confront or intimidate participants.
(c) Seize the cameras, cell phones or materials of participants or observers unless a
deputy is placing a person under lawful arrest.
Supervisors should continually observe office members under their commands to ensure that
members' interaction with participants and their response to crowd dynamics is appropriate.
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430.3.1 PHOTOGRAPHS AND VIDEO RECORDINGS
Photographs and video recording, when appropriate, can serve a number of purposes, including
support of criminal prosecutions by documenting criminal acts; assistance in evaluating office
performance; serving as training material; recording the use of dispersal orders; and facilitating
a response to allegations of improper law enforcement conduct.
Photographs and videos will not be used or retained for the sole purpose of collecting or
maintaining information about the political, religious or social views of associations, or the activities
of any individual, group, association, organization, corporation, business or partnership, unless
such information directly relates to an investigation of criminal activities and there is reasonable
suspicion that the subject of the information is involved in criminal conduct.
430.4 UNPLANNED EVENTS
When responding to an unplanned or spontaneous public gathering, the first responding deputy
should conduct an assessment of conditions, including, but not limited to, the following:
• Location
• Number of participants
• Apparent purpose of the event
• Leadership (whether it is apparent and/or whether it is effective)
• Any initial indicators of unlawful or disruptive activity
• Indicators that lawful use of public facilities, streets or walkways will be impacted
• Ability and/or need to continue monitoring the incident
Initial assessment information should be promptly communicated to the Communications Center,
and the assignment of a supervisor should be requested. Additional resources should be
requested as appropriate. The responding supervisor shall assume command of the incident until
command is expressly assumed by another, and the assumption of command is communicated
to the involved members. A clearly defined command structure that is consistent with the Incident
Command System (ICS) should be established as resources are deployed.
430.5 PLANNED EVENT PREPARATION
For planned events, comprehensive, incident-specific operational plans should be developed.The
ICS should be considered for such events.
430.5.1 INFORMATION GATHERING AND ASSESSMENT
In order to properly assess the potential impact of a public assembly or demonstration on public
safety and order, relevant information should be collected and vetted. This may include:
• Information obtained from outreach to group organizers or leaders.
• Information about past and potential unlawful conduct associated with the event or
similar events.
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• The potential time, duration, scope, and type of planned activities.
• Any other information related to the goal of providing a balanced response to criminal
activity and the protection of public safety interests.
Information should be obtained in a transparent manner, and the sources documented. Relevant
information should be communicated to the appropriate parties in a timely manner.
Information will be obtained in a lawful manner and will not be based solely on the purpose or
content of the assembly or demonstration, or actual or perceived characteristics such as race,
ethnicity, national origin, religion, sex, sexual orientation, gender identity or expression, economic
status, age, cultural group, or disability of the participants (or any other characteristic that is
unrelated to criminal conduct or the identification of a criminal subject).
430.5.2 OPERATIONAL PLANS
An operational planning team with responsibility for event planning and management should be
established. The planning team should develop an operational plan for the event.
The operational plan will minimally provide for:
(a) Determine command and control..
(b) Identify and establish incident objections..
(c) Develop a flexible operations plan.
(d) Identify partner law enforcement agencies and consider event communications.
(e) Contact police agencies with prior experience with similar groups.
(f) Identify and confer with other city/county/state agencies that can contribute logistical
and legal support.
(g) Determine operational security needs, including counter-surveillance and counter-
intelligence activities.
(h) Identify communication flow for event information gathering and disseminating.
(i) Identify potential protest groups and offer to meet with them.
Q) Identify and arrange for specialized support units, such as bicycles, air, mounted,
hazmat, etc.
(k) Consider use of plain-clothes resources.
(1) Management of criminal investigations and arrest protocols.
(m) Designation of uniform of the day and related safety equipment (for example, helmets
and shields).
(n) Liaison with demonstration leaders and other stakeholders.
(o) Media relations
(p) Logistics: food, fuel, replacement equipment, duty hours, relief and transportation.
(q) Traffic management plans.
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(r) First aid and emergency medical service provider availability.
(s) Prisoner transport and detention.
(t) Review of law and policies regarding public assemblies and use of force in crowd
control.
(u) Parameters for declaring an unlawful assembly.
(v) Rules of engagement, including rules of conduct, protocols for field force extraction
and arrests, and any authorization required for the use of force.
(w) Protocol for handling complaints during the event.
(x) Parameters for recording devices.
430.5.3 MUTUAL AID AND EXTERNAL RESOURCES
The magnitude and anticipated duration of an event may necessitate interagency cooperation and
coordination. The assigned Incident Commander should ensure that any required memorandums
of understanding or other agreements are properly executed, and that any anticipated mutual aid
or instant aid is requested and facilitated (see the Mutual Aid and Outside Agency Assistance
Policy).
430.6 UNLAWFUL ASSEMBLY DISPERSAL ORDERS
Ifa public gathering or demonstration remains peaceful and nonviolent, and there is no reasonably
imminent threat to persons or property, the Incident Commander should generally authorize
continued monitoring of the event.
Should the Incident Commander make a determination that the gathering is unlawful and
either significantly impedes government interest or public safety is presently or is about to
be jeopardized, he/she or the authorized designee should attempt to verbally persuade event
organizers or participants to disperse of their own accord. Warnings and advisements may be
communicated through established communications links with leaders and/or participants or to
the group.
When initial attempts at verbal persuasion are unsuccessful, the Incident Commander or the
authorized designee should make a clear standardized announcement to the gathering that
the event is an unlawful assembly, and should order the dispersal of the participants. The
announcement should be communicated by whatever methods are reasonably available to ensure
that the content of the message is clear and that it has been heard by the participants. The
announcement should be amplified, made in different languages as appropriate, made from
multiple locations in the affected area and documented by audio and video. The announcement
should provide information about what law enforcement actions will take place if illegal behavior
continues and should identify routes for egress. A reasonable time to disperse should be allowed
following a dispersal order.
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430.7 USE OF FORCE
Use of force is governed by current office policy and applicable law (see the Use of Force,
Handcuffing and Restraints, Control Devices and Techniques, and Conducted Energy Device
policies).
Individuals refusing to comply with lawful orders (e.g., nonviolent refusal to disperse) should be
given a clear verbal warning and a reasonable opportunity to comply. If an individual refuses to
comply with lawful orders,the Incident Commander shall evaluate the type of resistance and adopt
a reasonable response in order to accomplish the law enforcement mission (such as dispersal
or arrest of those acting in violation of the law). Control devices and TASERO devices should be
considered only when the participants' conduct reasonably appears to present the potential to
harm deputies, themselves or others, or will result in substantial property loss or damage (see the
Control Devices and Techniques and the Conducted Energy Device policies).
Force or control devices, including oleoresin capsaicin (OC), should be directed toward individuals
and not toward groups or crowds, unless specific individuals cannot reasonably be targeted due
to extreme circumstances, such as a riotous crowd.
Any use of force by a member of this office shall be documented promptly, completely and
accurately in an appropriate report. The type of report required may depend on the nature of the
incident.
430.8 ARRESTS
The Fresno County Sheriff's Office should respond to unlawful behavior in a manner that
is consistent with the operational plan. If practicable, warnings or advisements should be
communicated prior to arrest.
Mass arrests should be employed only when alternate tactics and strategies have been, or
reasonably appear likely to be, unsuccessful. Mass arrests shall only be undertaken upon the
order of the Incident Commander or the authorized designee. There must be probable cause for
each arrest.
If employed, mass arrest protocols should fully integrate:
(a) Reasonable measures to address the safety of deputies and arrestees.
(b) Dedicated arrest, booking and report writing teams.
(c) Timely access to medical care.
(d) Timely access to legal resources.
(e) Timely processing of arrestees.
(f) Full accountability for arrestees and evidence.
(g) Coordination and cooperation with the prosecuting authority, jail and courts (see the
Cite and Release Policy).
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430.9 MEDIA RELATIONS
The Public Information Officer should use all available avenues of communication, including
press releases, briefings, press conferences, and social media to maintain open channels of
communication with media representatives and the public about the status and progress of the
event, taking all opportunities to reassure the public about the professional management of the
event (see the Media Relations Policy).
430.10 DEMOBILIZATION
When appropriate, the Incident Commander or the authorized designee should implement a
phased and orderly withdrawal of law enforcement resources. All relieved personnel should
promptly complete any required reports, including use of force reports, and account for all issued
equipment and vehicles to their supervisors prior to returning to normal operational duties.
430.11 POST EVENT
The Incident Commander should designate a member to assemble full documentation of the event,
to include the following:
(a) Operational plan
(b) Any incident logs
(c) Any assignment logs
(d) Vehicle, fuel, equipment and supply records
(e) Incident, arrest, use of force, injury and property damage reports
(f) Photographs, audio/video recordings, the Communications Center records/tapes
(g) Media accounts (print and broadcast media)
The documentation should be stored in the ICS folder under Response to Crowd Situations.
430.12 TRAINING
Office members should receive periodic training regarding this policy, as well as the dynamics
of crowd control and incident management (Penal Code § 13514.5). The Office should, when
practicable, train with its external and mutual aid partners.
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PolicyFresno County Sheriff's Office
431 Policy Manual
Civil Disputes
431.1 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.
431.2 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.
431.3 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.
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431.4 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.
431.4.1 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 orwhether 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.
431.5 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.
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431.6 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.
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Policy Fresno County Sheriff's Office
432 Policy Manual
Suspicious Activity Reporting
432.1 PURPOSE AND SCOPE
This policy provides guidelines for reporting and investigating suspicious and criminal activity.
432.1.1 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.
Actual or perceived characteristics such as race, ethnicity, national origin, religion, sex, sexual
orientation, gender identity or expression, economic status,age, cultural group, or disability 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.
Suspicious Activity Report (SAR) -An incident report used to document suspicious activity.
432.2 POLICY
The Fresno County Sheriffs 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.
432.3 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:
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(a) Remaining familiar with those databases available to the Office that would facilitate
the purpose of this policy.
(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).
432.4 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.
432.5 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.
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Policy Fresno County Sheriff's Office
433 Policy Manual
Medical Aid and Response
433.1 PURPOSE AND SCOPE
This policy recognizes that members often encounter persons in need of medical aid and
establishes a law enforcement response to such situations.
433.2 POLICY
It is the policy of the Fresno County Sheriffs Office that all deputies and other designated members
be trained to provide emergency medical aid and to facilitate an emergency medical response.
433.3 FIRST RESPONDING MEMBER RESPONSIBILITIES
Whenever practicable, members should take appropriate steps to provide initial medical aid (e.g.,
first aid, CPR, 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.
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433.4 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.
433.5 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 (5150 commitment) process in accordance with the
Mental Illness Commitments Policy.
If a deputy believes that a person who is in custody requires EMS care and the person refuses,
he/she should encourage the person to receive medical treatment. The 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 who is in custody 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.
433.5.1 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.
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Medical Aid and Response
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.
433.6 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.
433.7 AIR AMBULANCE
Generally, when on-scene, EMS personnel will be responsible for determining whether an air
ambulance response should be requested. An air ambulance may be appropriate when there are
victims with life-threatening injuries or who require specialized treatment (e.g., gunshot wounds,
burns, obstetrical cases), and distance or other known delays will affect the EMS response.
The Patrol Bureau Commander should develop guidelines for air ambulance landings or enter
into local operating agreements for the use of air ambulances, as applicable. In creating those
guidelines, the Office should identify:
• Responsibility and authority for designating a landing zone and determining the size
of the landing zone.
• Responsibility for securing the area and maintaining that security once the landing
zone is identified.
• Consideration of the air ambulance provider's minimum standards for proximity to
vertical obstructions and surface composition (e.g., dirt, gravel, pavement, concrete,
grass).
• Consideration of the air ambulance provider's minimum standards for horizontal
clearance from structures, fences, power poles, antennas or roadways.
• Responsibility for notifying the appropriate highway or transportation agencies if a
roadway is selected as a landing zone.
• Procedures for ground personnel to communicate with flight personnel during the
operation.
One office member at the scene should be designated as the air ambulance communications
contact. Headlights, spotlights and flashlights should not be aimed upward at the air ambulance.
Members should direct vehicle and pedestrian traffic away from the landing zone.
Members should follow these cautions when near an air ambulance:
• Never approach the aircraft until signaled by the flight crew.
• Always approach the aircraft from the front.
• Avoid the aircraft's tail rotor area.
• Wear eye protection during landing and take-off.
• Do not carry or hold items, such as IV bags, above the head.
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• Ensure that no one smokes near the aircraft.
433.8 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.
433.9 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).
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.
433.10 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.
433.11 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.
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(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).
433.12 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)).
433.13 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.
433.13.1 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.
433.13.2 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).
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433.13.3 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.
433.14 FIRST AID TRAINING
The Training Manager should ensure deputies receive initial first aid training within one year of
employment and refresher training every two years thereafter(22 CCR 100016; 22 CCR 100022).
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PolicyFresno County Sheriff's Office
4 Policy Manual
Peer Support and Assistance Program
434.1 PURPOSE AND SCOPE
The Fresno County Sheriff's Office recognizes the value of providing an "in-house" resource for
employees and their family members to support them in managing both professional and personal
crisis. The purpose of this policy is to establish an in-house Peer Support and Assistance Program
and implementation of a Peer Support Team for Department employees and their families.
The Peer Support Team may be utilized to support other Fresno County Departments and
personnel and should work in cooperation with peer support teams of other agencies and/or City
Departments in multi-agency and/or multi-department incidents.The Peer Support Team may also
be utilized to support the community in situations of critical incidents, such as school shootings,
natural disasters, etc.
434.1.1 DEFINITION
The Peer Support Program is a program that offers assistance and appropriate support resources
to employees when personal or professional problems negatively affect their work performance,
family unit or self. This communication is confidential, providing it does not violate any law or
Department regulation. This program is designed to:
(a) Provide emotional support during and after times of personal or professional crisis to
other employees who need assistance;
(b) Promote trust, allow anonymity, and preserve confidentiality for persons using Peer
Support within the guidelines of the program;
(c) Develop members who can identify personal conflicts and provide guidance or referral
to professional/alternate resources as required;
(d) Maintain an effective peer support training and response program;
(e) Check on the wellbeing of employees out with illnesses / OJI's and provide support
where desired and needed.
434.2 MISSION STATEMENT
The role of the Fresno County Sheriff's Office Peer Support Team is to be available to listen,
support, refer, and assist employees and family members during professional or personal,
stressful, or difficult periods in their lives.
434.2.1 ACCESSING PEER SUPPORT
The Peer Support Team is available 24 hours a day, 7 days a week to all employees
434.2.2 POLICY
The Peer support Team is intended to be a resource available to the Department in the event of
critical incident or crisis situation. Peer Support personnel will be available to:
(a) Listen to another employee's feelings after a critical incident or crisis situation;
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(b) Facilitate or assist supervisors in diffusing critical incidents;
(c) Respond to an employee's request for peer support or assistance;
(d) Conduct Critical Incident Stress Management (CISM) debriefings;
(e) Provide information on other resources available (Employee Assistance Program,
Alcoholics Anonymous, financial support, etc)
(f) Provide Peer Support orientation to new employees (FTO program)
Personnel who may possibly be involved in conducting any administrative or criminal investigation
or administrative discipline relating to an employee seeking assistance shall avoid any conflict of
interest.
Peer Support personnel shall also be available for support and assistance on any other incident
at the discretion of the Sheriff.
In addition, Peer Support personnel may be utilized to support the community in critical incident
situations. Examples would be school shootings, natural disasters, etc.
434.2.3 CRITICAL INCIDENTS
A "critical incident" is any event that causes an unusually intense stress reaction. The distress
people experience after a critical incident limits their ability to cope, impairs their ability to adjust,
and negatively impacts the work environment.
Critical Incidents that may require a Peer Support response may include, but are not limited to:
(a) Officer involved shootings;
(b) Where an employee witnesses another employee's death or serious injury;
(c) Where an employee is taken hostage;
(d) Where an employee is a witness to a suicide;
(e) Where an employee is a witness to a violent death or serious injury;
(f) Infant/child death
(g) Any incident that is likely to affect the employee's ability to interact with the public and
carry out their job functions;
(h) Any other incident deemed appropriate by any employee and approved by a
supervisor.
434.2.4 DEBRIEFING/DEFUSING
Debriefings and defusing will be conducted by Peer support personnel as soon as practical after
a critical incident. Debriefings should occur within 24-72 hours after the critical incident and will
be conducted by qualified personnel. Attendance at debriefings is highly recommended for all
employees involved in the critical incident.
A defusing immediately follows the critical event and generally lasts no longer than one hour.
It gives all parties involved in the incident the "big picture" of what occurred. It gives involved
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personnel a reminder about exercise, what foods to eat, to drink plenty of water and to know
their thoughts are normal. Peer Support Team members may be present to give assistance and
support. A defusing may eliminate the need for a formal debriefing or it may enhance the formal
debriefing process. The Peer Support Coordinator and Program Advisor will decide on the need
for a formal debriefing.
One certified CISM mental health professional and a minimum of two Peer Support Team
members are required to conduct a debriefing.
434.3 CONFIDENTIALITY
The acceptance and success of the Fresno County Sheriff's Office Peer Support and Assistance
Program will be determined in part by the observance of confidentiality. It is imperative each Peer
Support Team Member maintain strict confidentiality of all information learned about an individual
within the guidelines of this program.
All conversations between Peer Support personnel and employees are not privileged
communications under the Evidence Code. The department will respect the confidentiality of
conversations between Peer Support personnel and employees, with the following exceptions:
(a) Information concerning the commission of a crime;
(b) The employee or a third party is a danger to themselves or to others.
Disclosures under this exception will be made directly to the Peer support commanders, Sheriff
or Undersheriff.
434.3.1 TEAM STRUCTURE
The Peer Support Program will fall under administrative support for budget and accountability
purposes.
Program Coordinators-The Program Coordinator(s)will be the rank of Lieutenant. The Program
Coordinators shall be responsible for the Peer Support Program budget and coordination of the
Peer Support Team.
Program Advisor - The Program Advisor will be a licensed Forensics Psychologist with
exceptional experience dealing with law enforcement and/or first responder issues. His/her duties
shall consist of:
(a) Provide continued training in the techniques of Peer counseling;
(b) Provide guidance at debriefings.
Peer Support Team Members - Peer Support Team Members shall be selected from the
Department personnel at large.
434.4 ROLE OF PEER SUPPORT TEAM MEMBERS
Peer Support Team Members provide support and assistance to employees in times of stress and
crisis. The responsibilities of a Peer Support Team Member are as follows:
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(a) Convey trust and anonymity and assure confidentiality within the policy to employees
who seek assistance from the Peer Support Program;
(b) Attend assigned Peer Support training seminars;
(c) Provide assistance and support;
(d) Assist the employee by referring them to the appropriate outside resource when
necessary;
(e) Be available to employees for additional follow-up support;
(f) Maintain contact with the Program Coordinators regarding program activities;
(g) Attend quarterly meetings;
(h) Agree to be contacted and if necessary, respond at any hour to assist an employee
in need.
434.5 PAY AND COMPENSATION
When members of the Peer Support Team are notified to respond or attend a debriefing, the
following pay and compensation policies will be in effect. Whenever possible, overtime will be pre-
approved by the Program Coordinator(s).
(a) If the personnel are "on-duty" they will be paid as Hours Worked;
(b) If the personnel are"off-duty"they will submit for overtime and verified by the Program
Coordinator or their designee.
(c) The pay/compensation will be the same as the guidelines set forth in the applicable
Memorandum of Understanding for that Team Member;
(d) There is no pay/compensation for being on the call-out roster.
Generally,when an employee is on duty, meetings and follow-up contacts by a Peer Support Team
Member will be coordinated with that employee's immediate supervisor. Consideration should be
given to the employee's position, minimum staffing levels, calls for service and availability to attend
meetings.
434.6 TRAINING
Peer Support Team Members should receive training in the following areas:
(a) Effective listening;
(b) Critical incident stress;
(c) Debriefing and defusing techniques;
(d) Post-traumatic stress;
(e) Problem-solving skills;
(f) Relationship termination;
(g) General assessment skills;
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(h) Referral follow-up.
The suggested minimum training is:
(a) 24 Hour Basic Peer Support Course;
(b) Basic Critical Incident Stress Management (CISM) course;
(c) National Organization of Victim Assistance (NOVA) Basic Crisis Response Training
(d) Any additional training as deemed necessary by the Sheriff, Program Coordinators or
Program Advisor.
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Chapter 5 - Traffic Operations
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Policy Fresno County Sheriff's Office
500
Policy Manual
Traffic Function and Responsibility
500.1 PURPOSE AND SCOPE
The ultimate goal of traffic law enforcement is to reduce traffic collisions. This may be achieved
through the application of such techniques as geographic/temporal assignment of personnel and
equipment and the establishment of preventive patrols to deal with specific categories of unlawful
driving behavior. Traffic enforcement techniques are based on accident data, enforcement activity
records, traffic volume, and traffic conditions. This office provides enforcement efforts toward
violations, not only in proportion to the frequency of their occurrence in accident situations, but
also in terms of traffic-related needs.
500.2 ENFORCEMENT
Enforcement actions are commensurate with applicable laws and take into account the degree
and severity of the violation committed.This office does not establish ticket quotas and the number
of arrests or citations issued by any deputy shall not be used as the sole criterion for evaluating
deputy overall performance (Vehicle Code § 41603). The visibility and quality of a deputy's work
effort will be commensurate with the philosophy of this policy. Several methods are effective in
the reduction of collisions:
500.2.1 WARNINGS
Warnings or other non-punitive enforcement actions should be considered in each situation
and substituted for arrests or citations when circumstances warrant, especially in the case of
inadvertent violations.
500.2.2 CITATIONS
Citations may be issued when a deputy believes it is appropriate. It is essential that deputies fully
explain the rights and requirements imposed on motorists upon issuance of a citation for a traffic
violation. Deputies should provide the following information at a minimum:
(a) Explanation of the violation or charge
(b) Court appearance procedure including the optional or mandatory appearance by the
motorist
(c) Notice of whether the motorist can enter a plea and pay the fine by mail or at the court
500.2.3 PHYSICAL ARREST
Physical arrest can be made on a number of criminal traffic offenses outlined in the Vehicle Code
or Penal Code. These physical arrest cases usually deal with, but are not limited to:
(a) Vehicular manslaughter
(b) Felony and misdemeanor driving under the influence of alcohol/drugs
(c) Felony or misdemeanor hit-and-run
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(d) Refusal to sign notice to appear
(e) Any other misdemeanor at the discretion of the deputy, such as reckless driving with
extenuating circumstances
500.3 SUSPENDED OR REVOKED DRIVERS LICENSES
If a deputy contacts a traffic violator for driving on a suspended or revoked license, the deputy
may issue a traffic citation pursuant to Vehicle Code § 14601.
If a computer check of a traffic violator's license status reveals a suspended or revoked driver
license and the traffic violator still has his or her license in possession, the license shall be seized
by the deputy. The deputy shall verbally advise the traffic violator of the suspension or revocation
and issue the citation. The deputy will be responsible for filling out the Verbal Notice form (DMV
form DL-310) and causing that form and license to be forwarded to the Department of Motor
Vehicles.
500.4 HIGH-VISIBILITY VESTS AND JACKETS
The Office has provided American National Standards Institute (ANSI)Class II high-visibility vests
orjackets to increase the visibility of office members who may be exposed to hazards presented by
passing traffic, maneuvering or operating vehicles, machinery and equipment (23 CFR 655.601;
8 CCR 1598).
Although intended primarily for use while performing traffic related assignments, high-visibility
vests or jackets should be worn at any time increased visibility would improve the safety or
efficiency of the member.
500.4.1 REQUIRED USE
Except when working in a potentially adversarial or confrontational role, such as during vehicle
stops, high-visibility vests should be worn at any time it is anticipated that an employee will be
exposed to the hazards of approaching traffic or construction and recovery equipment. Examples
of when high-visibility vests should be worn include traffic control duties, accident investigations,
lane closures and while at disaster scenes, or anytime high visibility is desirable.When emergency
conditions preclude the immediate donning of the vest, deputies should retrieve and wear the vest
as soon as conditions reasonably permit. Use of the vests shall also be mandatory when directed
by a supervisor.
Vests maintained in the investigation units may be used any time a plainclothes deputy might
benefit from being readily identified as a member of law enforcement.
500.4.2 CARE AND STORAGE OF HIGH-VISIBILITY VESTS
High-visibility vests or jackets will be issued to each deputy and maintained in accordance with
the Office Owned and Personal Property Policy.
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' Policy Manual
Traffic Collision Reporting
501.1 PURPOSE AND SCOPE
The Fresno County Sheriffs 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 Sheriffs 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.
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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
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PolicyFresno County Sheriff's Office
' Policy Manual
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
Sheriffs 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 handling employee should, prior to having the vehicle towed, make a good faith
effort to notify the owner of the vehicle that it is subject to removal. This may be accomplished
by personal contact, telephone or by leaving a notice attached to the vehicle at least 24 hours
prior to removal. If a vehicle presents a hazard, such as being abandoned on the roadway, it may
be towed immediately.
The responsibilities of those employees towing, storing or impounding a vehicle are listed below.
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:
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• 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).
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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 a firm to act as the official tow service and awards a
contract to that firm. This firm 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 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
a driver/owner to retrieve small items of value or personal need (e.g., cash, jewelry, cell phone,
prescriptions) that are not considered evidence or contraband.
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Vehicle Towing and Release
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 fortowed vehicles will be made available during regular, non-emergency business hours
(Vehicle Code § 14602.6).
(a) Vehicles removed pursuant to Vehicle Code § 22850 shall be released after proof of
current registration is provided by the owner or the person in control of the vehicle and
after all applicable fees are paid (Vehicle Code § 22850.3; Vehicle Code § 22850.5).
(b) Vehicles removed that require payment of parking fines or proof of valid driver's license
shall only be released upon presentation of proof of compliance, proof of payment,
completion of affidavit, and payment of applicable fees related to the removal (Vehicle
Code§22651 et seq.,Vehicle Code§22652 et seq.,Vehicle Code§22850.3;Vehicle
Code § 22850.5).
(c) A vehicle removed pursuant to Vehicle Code § 14602.6(a) shall be released to the
registered owner or his/her agent with proof of current registration, proof of a valid
driver's license, and applicable fees paid prior to the end of the 30-day impoundment
period under any of the following circumstances:
1. The vehicle was stolen.
2. If the driver reinstates his/her driver's license or acquires a license and provides
proof of proper insurance.
3. Any other circumstance as set forth in Vehicle Code § 14602.6.
4. When there is no remaining community caretaking need to continue impound
of the vehicle or the continued impound would not otherwise comply with the
Fourth Amendment.
(d) An autonomous vehicle removed under authority of Vehicle Code § 22651(o)(1)(D)
shall be released to the registered owner or person in control of the autonomous
vehicle if the requirements of Vehicle Code § 22651(o)(3)(B) are met.
Personnel whose duties include releasing towed vehicles should consult the Vehicle Code under
which the vehicle was towed or impounded for any specific requirements prior to release.
Employees who suspect that a vehicle was impounded in error should promptly advise a
supervisor. Supervisors should approve, when appropriate, the release of the vehicle without
requiring the registered owner or his/her agent to request a hearing, as described in the Vehicle
Impound Hearings Policy.
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Policy Fresno County Sheriff's Office
' Policy Manual
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 Sheriffs 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
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Vehicle Impound Hearings
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.
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Policy Fresno County Sheriff's Office
' Policy Manual
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)).Any request from a recipient to dismiss a citation shall be referred to the Traffic Bureau
Manager. Upon a review of the circumstances involving the issuance of the traffic citation, the
Traffic Bureau Manager may request the Patrol Bureau Commander to recommend dismissal of
the traffic citation. If approved, the citation will be forwarded to the appropriate court with a request
for dismissal. All recipients of traffic citations whose request for the dismissal of a traffic citation
has been denied shall be referred to the appropriate court.
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. Upon dismissal of the traffic citation by the court, the deputy
shall notify his/her immediate supervisor of the circumstances surrounding the dismissal and shall
complete any paperwork as directed or required. The citation dismissal shall then be forwarded
to the Patrol Bureau Commander for review.
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. A photocopy of the citation will be mailed to
the recipient. The original 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 employee's immediate supervisor for review. The citation copies shall then be filed with
the Records Unit.
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Upon separation from employment with this office, all employees issued traffic citation books shall
return any unused citations to the Records Unit.
504.7 NOTICE OF PARKING VIOLATION APPEAL PROCEDURE
Disposition of notice of parking violation appeals is conducted pursuant to Vehicle Code §40215.
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.
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PolicyFresno County Sheriff's Office
' Policy Manual
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.
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PolicyFresno County Sheriff's Office
' • Policy Manual
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).
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Chapter 6 - Investigation Operations
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PolicyFresno County Sheriff's Office
600' ' Policy Manual
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
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Investigation and Prosecution
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.
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Investigation and Prosecution
(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.
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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.
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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.
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PolicyFresno County Sheriff's Office
• ' Policy Manual
Sexual Assault Investigations
601.1 PURPOSE AND SCOPE
The purpose of this policy is to establish guidelines for the investigation of sexual assaults. These
guidelines will address some of the unique aspects of such cases and the effects that these crimes
have on the victims.
Mandatory notifications requirements are addressed in the Child Abuse and Adult Abuse policies.
601.1.1 DEFINITIONS
Definitions related to this policy include:
Sexual assault - Any crime or attempted crime of a sexual nature, to include but not limited to
offenses defined in Penal Code §243.4, Penal Code§261 et seq., and Penal Code§285 et seq.
Sexual Assault Response Team (SART) - A multidisciplinary team generally comprised of
advocates; law enforcement officers; forensic medical examiners, including sexual assault
forensic examiners (SAFEs) or sexual assault nurse examiners (SANEs) if possible; forensic
laboratory personnel; and prosecutors. The team is designed to coordinate a broad response to
sexual assault victims.
601.2 POLICY
It is the policy of the Fresno County Sheriff's Office that its members,when responding to reports of
sexual assaults,will strive to minimize the trauma experienced by the victims, and will aggressively
investigate sexual assaults, pursue expeditious apprehension and conviction of perpetrators, and
protect the safety of the victims and the community.
601.3 QUALIFIED INVESTIGATORS
Qualified investigators should be available for assignment of sexual assault investigations. These
investigators should:
(a) Have specialized training in, and be familiarwith, interview techniques and the medical
and legal issues that are specific to sexual assault investigations.
(b) Conduct follow-up interviews and investigation.
(c) Present appropriate cases of alleged sexual assault to the prosecutor for review.
(d) Coordinate with other enforcement agencies, social service agencies and medical
personnel as needed.
(e) Provide referrals to therapy services, victim advocates and support for the victim.
(f) Participate in or coordinate with SART.
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601.4 REPORTING
In all reported or suspected cases of sexual assault, a report should be written and assigned
for follow-up investigation. This includes incidents in which the allegations appear unfounded or
unsubstantiated.
601.5 RELEASING INFORMATION TO THE PUBLIC
In cases where the perpetrator is not known to the victim,and especially if there are multiple crimes
where more than one appear to be related, consideration should be given to releasing information
to the public whenever there is a reasonable likelihood that doing so may result in developing
helpful investigative leads. The unit supervisor should weigh the risk of alerting the suspect to the
investigation with the need to protect the victim and the public, and to prevent more crimes.
601.6 TRAINING
Subject to available resources, periodic training should be provided to:
(a) Members who are first responders. Training should include:
1. Initial response to sexual assaults.
2. Legal issues.
3. Victim advocacy.
4. Victim's response to trauma.
5. Proper use and handling of the California standardized SAFE kit (Penal Code
§ 13823.14).
(b) Qualified investigators, who should receive advanced training on additional topics.
Advanced training should include:
1. Interviewing sexual assault victims.
2. SART.
3. Medical and legal aspects of sexual assault investigations.
4. Serial crimes investigations.
5. Use of community and other federal and state investigative resources, such as
the Violent Criminal Apprehension Program (ViCAP).
6. Techniques for communicating with victims to minimize trauma.
601.7 VICTIM INTERVIEWS
The primary considerations in sexual assault investigations, which begin with the initial call to
the Communications Center, should be the health and safety of the victim, the preservation of
evidence, and preliminary interviews to determine if a crime has been committed and to attempt
to identify the suspect.
Whenever possible, a member of SART should be included in the initial victim interviews if they
are already present and can assist in the investigation. An in-depth follow-up interview should not
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be conducted until after the medical and forensic examinations are completed and the personal
needs of the victim have been met (e.g., change of clothes, bathing). The follow-up interview may
be delayed to the following day based upon the circumstances. Whenever practicable, the follow-
up interview should be conducted by a qualified investigator.
No opinion of whether the case is unfounded shall be included in the report.
Victims shall not be asked or required to take a polygraph examination (34 USC § 10451; Penal
Code § 637.4).
Victims should be apprised of applicable victim's rights provisions, as outlined in the Victim and
Witness Assistance Policy.
601.7.1 VICTIM RIGHTS
Whenever there is an alleged sexual assault, the assigned deputy shall accomplish the following:
(a) Advise the victim in writing of the right to have a victim advocate and a support person
of the victim's choosing present at any interview or contact by law enforcement, any
other rights of a sexual assault victim pursuant to Penal Code §680.2, and the right to
have a person of the same or opposite gender present in the room during any interview
with a law enforcement official unless no such person is reasonably available (Penal
Code § 679.04).
(b) If the victim is transported to a hospital for any medical evidentiary or physical
examination, the deputy shall immediately cause the local rape victim counseling
center to be notified (Penal Code § 264.2).
1. The deputy shall not discourage a victim from receiving a medical evidentiary or
physical examination (Penal Code § 679.04).
2. A support person may be excluded from the examination by the deputy or the
medical provider if his/her presence would be detrimental to the purpose of the
examination (Penal Code § 264.2).
601.7.2 VICTIM CONFIDENTIALITY
Deputies investigating or receiving a report of an alleged sex offense shall inform the victim, or the
victim's parent or guardian if the victim is a minor, that his/her name will become a matter of public
record unless the victim requests that his/her name not be made public. The reporting deputy shall
document in his/her report that the victim was properly informed and shall include any related
response made by the victim, or if a minor, any response made by the victim's parent or guardian
(Penal Code § 293).
Except as authorized by law, members of this office shall not publicly disclose the name of any
victim of a sex crime who has exercised his/her right to confidentiality (Penal Code § 293).
601.8 COLLECTION AND TESTING OF BIOLOGICAL EVIDENCE
Whenever possible, a SART member should be involved in the collection of forensic evidence
from the victim.
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When the facts of the case indicate that collection of biological evidence is warranted, it should
be collected regardless of how much time has elapsed since the reported assault.
If a drug-facilitated sexual assault is suspected, urine and blood samples should be collected from
the victim as soon as practicable.
Subject to requirements set forth in this policy, biological evidence from all sexual assault cases,
including cases where the suspect is known by the victim, should be submitted for testing.
Victims who choose not to assist with an investigation, do not desire that the matter be
investigated, or wish to remain anonymous may still consent to the collection of evidence under
their control. In these circumstances, the evidence should be collected and stored appropriately.
601.8.1 DNA TEST RESULTS
A SART member should be consulted regarding the best way to deliver biological testing results
to a victim so as to minimize victim trauma, especially in cases where there has been a significant
delay in getting biological testing results (e.g., delays in testing the evidence or delayed DNA
databank hits). Members should make reasonable efforts to assist the victim by providing available
information on local assistance programs and organizations as provided in the Victim and Witness
Assistance Policy.
(a) Upon receipt of a written request from a sexual assault victim or the victim's authorized
designee, members investigating sexual assault cases shall inform the victim of the
status of the DNA testing of any evidence from the victim's case (Penal Code § 680).
1. Although such information may be communicated orally, the assigned deputy
should thereafter follow-up with and retain a copy of confirmation by either
written or electronic mail.
2. Absent a written request, no member of this office is required to, but may,
communicate with the victim or the victim's authorized designee regarding the
status of any DNA testing.
(b) Subject to the commitment of sufficient resources to respond to requests for
information, sexual assault victims shall further have the following rights (Penal Code
§ 680):
1. To be informed if a DNA profile of the assailant was obtained from the testing of
the SAFE kit or other crime scene evidence from their case.
2. To be informed if there is a match between the DNA profile of the assailant
developed from the evidence and a DNA profile contained in the DOJ Convicted
Offender DNA Database, providing that disclosure would not impede or
compromise an ongoing investigation.
3. To be informed if the DNA profile of the assailant developed from the evidence
has been entered into the DOJ Databank of case evidence.
(c) Provided that the sexual assault victim or the victim's authorized designee has kept
the assigned deputy informed with regard to current address, telephone number, and
email address (if available), any victim or the victim's authorized designee shall, upon
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request, be advised of any known significant changes regarding the victim's case
(Penal Code § 680).
(a) Although such information may be communicated orally, the assigned detective
should thereafter follow-up with and retain a copy of confirmation by either
written or electronic mail.
(b) No deputy shall be required or expected to release any information which might
impede or compromise any ongoing investigation.
601.8.2 COLLECTION AND TESTING REQUIREMENTS
Members investigating a sexual assault offense should take every reasonable step to ensure
that DNA testing of such evidence is performed in a timely manner and within the time periods
prescribed by Penal Code § 803(g). Generally, SAFE kits should be submitted to the crime lab
within 20 days after being booked into evidence (Penal Code § 680).
In order to maximize the effectiveness of such testing and identify the perpetrator of any sexual
assault, the assigned detective shall communicate with the crime lab to ensure that an information
profile for the SAFE kit evidence has been created in the California Department of Justice (DOJ)
SAFE-T database within 120 days of collection and should further ensure that the results of any
such test have been timely entered into and checked against both the DOJ Cal-DNA database
and the Combined DNA Index System (CODIS) (Penal Code § 680.3).
If the assigned detective determines that a SAFE kit submitted to a laboratory for analysis has not
been tested within 120 days after submission, the detective shall update the SAFE-T database to
reflect the reason for the delay in testing. The assigned deputy shall continue to update the status
every 120 days thereafter until the evidence has been analyzed or the statute of limitations has
run (Penal Code § 680.3).
If, for any reason, DNA evidence in a sexual assault case in which the identity of the perpetrator
is in issue and is not going to be analyzed within 18 months of the crime, the assigned detective
shall notify the victim of such fact in writing no less than 60 days prior to the expiration of the 18-
month period (Penal Code § 680).
Additional guidance regarding evidence retention and destruction is found in the Property and
Evidence Policy.
601.8.3 STANDARDIZED SEXUAL ASSAULT FORENSIC MEDICAL EVIDENCE KIT
The Property and Evidence Unit supervisor should make California standardized sexual assault
forensic medical evidence (SAFE) kits available to members who may investigate sexual assault
cases. Members investigating a sexual assault should use these SAFE kits when appropriate and
follow related usage guidelines issued by the California Clinical Forensic Medical Training Center
(Penal Code § 13823.14).
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601.9 CASE REVIEW
The Detective Bureau supervisor should ensure case dispositions are reviewed on a periodic
basis, at least annually, using an identified group that is independent of the investigation process.
The reviews should include an analysis of:
• Case dispositions.
• Decisions to collect biological evidence.
• Submissions of biological evidence for lab testing.
The SART and/or victim advocates should be considered for involvement in this audit. Summary
reports on these reviews should be forwarded through the chain of command to the Sheriff.
601.10 DISPOSITION OF CASES
If the assigned investigator has reason to believe the case is without merit, the case may be
classified as unfounded only upon review and approval of the Abuse Unit supervisor.
Classification of a sexual assault case as unfounded requires the Abuse Unit supervisor to
determine that the facts have significant irregularities with reported information and that the
incident could not have happened as it was reported. When a victim has recanted his/her original
statement, there must be corroborating evidence that the allegations were false or baseless (i.e.,
no crime occurred) before the case should be determined as unfounded.
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Policy Fresno County Sheriff's Office
• ' Policy Manual
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 Sheriffs 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.
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(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).
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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
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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 forforfeiture 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
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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.
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Q) 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).
(1) 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).
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Policy Fresno County Sheriff's Office
• ' Policy Manual
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 Sheriffs 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
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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 Sheriffs 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
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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
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(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.
Q) Name of the deputy initiating use of the informant
(k) Signed informant agreement
(I) 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:
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(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.
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Policy Fresno County Sheriff's Office
604' 4 Policy Manual
Eyewitness Identification
604.1 PURPOSE AND SCOPE
This policy sets forth guidelines to be used when members of this office employ eyewitness
identification techniques (Penal Code § 859.7).
604.1.1 DEFINITIONS
Definitions related to the policy include:
Eyewitness identification process - Any field identification, live lineup or photographic
identification.
Field identification - A live presentation of a single individual to a witness following the
commission of a criminal offense for the purpose of identifying or eliminating the person as the
suspect.
Live lineup - A live presentation of individuals to a witness for the purpose of identifying or
eliminating an individual as the suspect.
Photographic lineup - Presentation of photographs to a witness for the purpose of identifying or
eliminating an individual as the suspect.
604.2 POLICY
The Fresno County Sheriff's Office will strive to use eyewitness identification techniques,
when appropriate, to enhance the investigative process and will emphasize identifying persons
responsible for crime and exonerating the innocent.
604.3 INTERPRETIVE SERVICES
Deputies should arrange for an interpreter before proceeding with eyewitness identification if
communication with a witness is impeded due to language or hearing barriers. Deputies should
make a reasonable effort to determine and document any relationship between the interpreter and
parties involved in the case.
Before the interpreter is permitted to discuss any matter with the witness, the investigating deputy
should explain the identification process to the interpreter.Once it is determined that the interpreter
comprehends the process and can explain it to the witness, the eyewitness identification may
proceed as provided for within this policy.
604.4 EYEWITNESS IDENTIFICATION PROCESS AND FORM
The Detective Bureau supervisor shall be responsible for the development and maintenance of
an eyewitness identification process for use by members when they are conducting eyewitness
identifications.
The process should include appropriate forms or reports that provide (Penal Code § 859.7):
(a) The date, time and location of the eyewitness identification procedure.
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(b) The name and identifying information of the witness.
(c) The name of the person administering the identification procedure.
(d) If applicable, the names of all of the individuals present during the identification
procedure.
(e) An instruction to the witness that it is as important to exclude innocent persons as it
is to identify a perpetrator.
(f) An instruction to the witness that the perpetrator may or may not be among those
presented and that the witness is not obligated to make an identification.
(g) If the identification process is a photographic or live lineup, an instruction to the witness
that the perpetrator may not appear exactly as he/she did on the date of the incident.
(h) An instruction to the witness that the investigation will continue regardless of whether
an identification is made by the witness.
(i) A signature line where the witness acknowledges that he/she understands the
identification procedures and instructions.
Q) A statement from the witness in the witness's own words describing how certain he/
she is of the identification or non-identification. This statement should be taken at the
time of the identification procedure.
(k) Any other direction to meet the requirements of Penal Code§859.7, including direction
regarding blind or blinded administrations and filler selection.
All forms used in the process need to be booked into evidence.
The process and related forms should be reviewed at least annually and modified when necessary.
604.5 EYEWITNESS IDENTIFICATION
Members are cautioned not to, in any way, influence a witness as to whether any subject or photo
presented in a lineup is in any way connected to the case.
Members should avoid mentioning that:
• The individual was apprehended near the crime scene.
• The evidence points to the individual as the suspect.
• Other witnesses have identified or failed to identify the individual as the suspect.
In order to avoid undue influence, witnesses should view suspects or a lineup individually and
outside the presence of other witnesses. Witnesses should be instructed to avoid discussing
details of the incident or of the identification process with other witnesses.
Whenever feasible, the eyewitness identification procedure should be audio and video recorded
and the recording should be retained according to current evidence procedures (Penal Code §
859.7).
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604.6 DOCUMENTATION
A thorough description of the eyewitness process and the result of any eyewitness identification
should be documented in the case report.
If a photographic lineup is utilized, a copy of the photographic lineup presented to the witness
should be included in the case report. In addition, the order in which the photographs were
presented to the witness should be documented in the case report.
604.6.1 <B>DOCUMENTATION RELATED TO RECORDINGS</B>
The handling member shall document the reason in their report that a video recording or any other
recording of an identification was not obtained (Penal Code § 859.7).
604.6.2 <B>DOCUMENTATION RELATED TO BLIND ADMINISTRATION</B>
If a presentation of a lineup is not conducted using blind administration, the handling member shall
document in their report the reason (Penal Code § 859.7).
604.7 PHOTOGRAPHIC LINEUP AND LIVE LINEUP CONSIDERATIONS
When practicable, the member presenting the lineup should not be involved in the investigation of
the case or know the identity of the suspect. In no case should the member presenting a lineup to a
witness know which photograph or person in the lineup is being viewed by the witness.Techniques
to achieve this include randomly numbering photographs, shuffling folders or using a computer
program to order the persons in the lineup.
Individuals in the lineup should reasonably match the description of the perpetrator provided by
the witness and should bear similar characteristics to avoid causing any person to unreasonably
stand out. In cases involving multiple suspects, a separate lineup should be conducted for each
suspect. The suspects should be placed in a different order within each lineup. If it is not possible
to use photographs with the same type of background, members should consider making the
lineup black and white in color.
A live lineup should only be used before criminal proceedings have been initiated against the
suspect. If there is any question as to whether any criminal proceedings have begun, the
investigating member should contact the appropriate prosecuting attorney before proceeding. If
criminal proceedings have begun, then the suspect has a right to have an attorney present during
a live lineup.
604.7.1 OTHER SAFEGUARDS
Witnesses should be asked for suspect descriptions as close in time to the incident as possible
and before conducting an eyewitness identification. No information concerning a suspect should
be given prior to obtaining a statement from the witness describing how certain he/she is of the
identification or non-identification. Members should not say anything to a witness that that may
validate or invalidate an eyewitness' identification. In photographic lineups, writings or information
concerning any previous arrest of a suspect shall not be visible to the witness (Penal Code §
859.7).
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604.8 FIELD IDENTIFICATION CONSIDERATIONS
Field identifications, also known as field elimination show-ups or one-on-one identifications, may
be helpful in certain cases,where exigent circumstances make it impracticable to conduct a photo
or live lineup identifications:
When initiating a field identification, the member should observe the following guidelines:
(a) Obtain a complete description of the suspect from the witness.
(b) Assess whether a witness should be included in a field identification process by
considering:
(a) The length of time the witness observed the suspect.
(b) The distance between the witness and the suspect.
(c) Whether the witness could view the suspect's face.
(d) The quality of the lighting when the suspect was observed by the witness.
(e) Whether there were distracting noises or activity during the observation.
(f) Any other circumstances affecting the witness's opportunity to observe the
suspect.
(g) The length of time that has elapsed since the witness observed the suspect; a
field identification should only occur contemporaneously to the crime.
(c) If safe and practicable, the person who is the subject of the show-up should not be
handcuffed or in a patrol vehicle.
(d) When feasible, members should bring the witness to the location of the subject of the
show-up, rather than bring the subject of the show-up to the witness.
(e) The person who is the subject of the show-up should not be shown to the same witness
more than once.
(f) In cases involving multiple suspects, witnesses should only be permitted to view the
subjects of the show-up one at a time.
(g) The person who is the subject of the show-up should not be required to put on clothing
worn by the suspect, to speak words uttered by the suspect or to perform other actions
mimicking those of the suspect.
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PolicyFresno County Sheriff's Office
• ' Policy Manual
Brady Material Disclosure
605.1 PURPOSE AND SCOPE
This policy establishes guidelines for identifying and releasing potentially exculpatory or
impeachment information (so-called "Brady information") to a prosecuting attorney.
605.1.1 DEFINITIONS
Definitions related to this policy include:
Brady information -Information known or possessed by the Fresno County Sheriff's Office that
is both favorable and material to the current prosecution or defense of a criminal defendant.
605.2 POLICY
The Fresno County Sheriffs Office will conduct fair and impartial criminal investigations and will
provide the prosecution with both incriminating and exculpatory evidence, as well as information
that may adversely affect the credibility of a witness. In addition to reporting all evidence of guilt,
the Fresno County Sheriffs Office will assist the prosecution by complying with its obligation to
disclose information that is both favorable and material to the defense. The Office will identify and
disclose to the prosecution potentially exculpatory information, as provided in this policy.
605.3 DISCLOSURE OF INVESTIGATIVE INFORMATION
Deputies must include in their investigative reports adequate investigative information and
reference to all material evidence and facts that are reasonably believed to be either incriminating
or exculpatory to any individual in the case. If a deputy learns of potentially incriminating or
exculpatory information any time after submission of a case,the deputy orthe handling investigator
must prepare and submit a supplemental report documenting such information as soon as
practicable. Supplemental reports shall be promptly processed and transmitted to the prosecutor's
office.
If information is believed to be privileged or confidential (e.g., confidential informant or protected
personnel files), the deputy should discuss the matter with a supervisor and/or prosecutor to
determine the appropriate manner in which to proceed.
Evidence or facts are considered material if there is a reasonable probability that they would affect
the outcome of a criminal proceeding or trial. Determining whether evidence or facts are material
often requires legal or even judicial review. If a deputy is unsure whether evidence or facts are
material, the deputy should address the issue with a supervisor.
Supervisors who are uncertain about whether evidence or facts are material should address the
issue in a written memo to an appropriate prosecutor. A copy of the memo should be retained
in the Office case file.
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605.4 DISCLOSURE OF PERSONNEL INFORMATION
Whenever it is determined that Brady information is located in the personnel file of a member of
this office who is a material witness in a criminal case, the following procedure shall apply:
(a) In the event that a Pitchess motion has not already been filed by the criminal defendant
or other party pursuant to Evidence Code § 1043, the prosecuting attorney shall be
notified of the potential presence of Brady information in the member's personnel file.
(b) The prosecuting attorney should then be requested to file a Pitchess motion in order
to initiate an in-camera review by the court.
(c) Any member who is the subject of such a motion shall be notified in writing that a
motion has been filed.
(d) The Custodian of Records shall accompany all relevant files during any in-camera
inspection and address any issues or questions raised by the court in determining
whether any information contained in the files is both material and favorable to the
criminal defendant.
(e) If the court determines that there is relevant Brady information contained in the files,
only that information ordered released will be copied and released to the parties filing
the motion.
1. Prior to the release of any information pursuant to this process, the Custodian
of Records should request a protective order from the court limiting the use of
such information to the involved case and requiring the return of all copies upon
completion of the case.
605.5 INVESTIGATING BRADY ISSUES
If the Office receives information from any source that a member may have issues of credibility,
dishonesty or has been engaged in an act of moral turpitude or criminal conduct, the information
shall be investigated and processed in accordance with the Personnel Complaints Policy.
605.6 TRAINING
Office members should receive periodic training on the requirements of this policy.
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Policy Fresno County Sheriff's Office
606' • Policy Manual
Unmanned Aerial System (UAS) Operations
606.1 PURPOSE AND SCOPE
The purpose of this policy is to establish guidelines for the use of an unmanned aerial system
(UAS) and for the storage, retrieval and dissemination of images and data captured by the UAS.
606.1.1 DEFINITIONS
Definitions related to this policy include:
Unmanned Aerial System (UAS)-An unmanned aircraft of any type that is capable of sustaining
directed flight, whether preprogrammed or remotely controlled (commonly referred to as an
unmanned aerial vehicle (UAV)), and all of the supporting or attached systems designed for
gathering information through imaging, recording or any other means.
606.2 POLICY
Unmanned aerial systems may be utilized to enhance the office's mission of protecting lives and
property when other means and resources are not available or are less effective. Any use of
a UAS will be in strict accordance with constitutional and privacy rights and Federal Aviation
Administration (FAA) regulations.
606.3 PRIVACY
The use of the UAS potentially involves privacy considerations. Absent a warrant or exigent
circumstances, operators and observers shall adhere to FAA altitude regulations and shall not
intentionally record or transmit images of any location where a person would have a reasonable
expectation of privacy (e.g., residence, yard, enclosure). Operators and observers shall take
reasonable precautions to avoid inadvertently recording or transmitting images of areas where
there is a reasonable expectation of privacy. Reasonable precautions can include, for example,
deactivating or turning imaging devices away from such areas or persons during UAS operations.
606.4 PROGRAM COORDINATOR
The Sheriff will appoint a program coordinator who will be responsible for the management of the
UAS program. The program coordinator will be a collateral member of the Air Support Unit and
will be within the Air Support Unit's chain of command. The program coordinator will ensure that
policies and procedures conform to current laws, regulations and best practices and will have the
following additional responsibilities:
• Coordinating the FAA Certificate of Waiver or Authorization (COA)application process
and ensuring that the COA is current if applicable.
• Ensuring the options of a COA and Part 107 Certification are approved/met for
members as appropriate.
• Ensuring that all authorized operators and required observers have completed all
required FAA and office-approved training in the operation, applicable laws, policies
and procedures regarding use of the UAS.
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• Developing uniform protocol for submission and evaluation of requests to deploy
a UAS, including urgent requests made during ongoing or emerging incidents.
Deployment of a UAS shall require written authorization of the Sheriff or the authorized
designee, depending on the type of mission.
• Developing protocol for conducting criminal investigations involving a UAS, including
documentation of time spent monitoring a subject.
• Implementing a system for public notification of UAS deployment.
• Developing an operational protocol governing the deployment and operation of a UAS
including, but not limited to, safety oversight, use of visual observers, establishment
of lost link procedures and secure communication with air traffic control facilities.
• Developing a protocol for fully documenting all missions.
• Developing a UAS inspection, maintenance and record-keeping protocol to ensure
continuing airworthiness of a UAS, up to and including its overhaul or life limits.
• Developing protocols to ensure that all data intended to be used as evidence are
accessed, maintained, stored and retrieved in a manner that ensures its integrity as
evidence, including strict adherence to chain of custody requirements. Electronic trails,
including encryption, 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.
• Developing protocols that ensure retention and purge periods are maintained in
accordance with established records retention schedules.
• Facilitating law enforcement access to images and data captured by the UAS.
• Recommending program enhancements, particularly regarding safety and information
security.
• Ensuring that established protocols are followed by monitoring and providing periodic
reports on the program to the Sheriff.
606.5 USE OF UAS
Only authorized operators who have completed the required training shall be permitted to operate
the UAS.
Use of vision enhancement technology (e.g., thermal and other imaging equipment not generally
available to the public) is permissible in viewing areas only where there is no protectable privacy
interest or when in compliance with a search warrant or court order. In all other instances, legal
counsel should be consulted.
UAS operations should only be conducted during daylight hours and a UAS should not be flown
over populated areas without FAA approval.
606.6 PROHIBITED USE
The UAS video surveillance equipment shall not be used:
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• To conduct random surveillance activities.
• To target a person based solely on actual or perceived characteristics, such
as race, ethnicity, national origin, religion, sex, sexual orientation, gender identity or
expression, economic status, age, cultural group, or disability.
• To harass, intimidate, or discriminate against any individual or group.
• To conduct personal business of any type.
The UAS shall not be weaponized.
606.7 RETENTION OF UAS DATA
Data collected by the UAS shall be retained as provided in the established records retention
schedule.
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PolicyFresno County Sheriff's Office
• ' Policy Manual
Warrant Service
607.1 PURPOSE AND SCOPE
This policy establishes guidelines for the planning and serving of arrest and search warrants
by members of this Office. It is understood that this policy cannot address every variable or
circumstance that can arise in the service of a search or arrest warrant, as these tasks can involve
rapidly evolving and unique circumstances.
This policy is intended to be used in conjunction with the Operations Planning and Deconfliction
Policy, which has additional guidance on planning and serving high-risk warrants.
This policy is not intended to address the service of search warrants on locations or property
already secured or routine field warrant arrests by patrol deputies.
607.2 POLICY
It is the policy of the Fresno County Sheriff's Office to balance the safety needs of the public,
the safety of Office members, privacy interests and other relevant factors when making decisions
related to the service of search and arrest warrants.
607.3 UNIT COMMANDER
The Unit Commander (see the Operations Planning and Deconfliction Policy) shall review all risk
assessment forms submitted by the involved supervisor to determine the risk level of the warrant
service.
The Unit Commander will also have the responsibility to coordinate service of those warrants that
are categorized as high risk. Deconfliction, risk assessment, operational planning, briefing and
debriefing should follow guidelines in the Operations Planning and Deconfliction Policy.
607.4 SEARCH WARRANTS
Deputieswill complete the Risk Assessment Form and submit it, along with the warrant affidavit,
to the appropriate supervisor. The supervisor will then forward the same documents to the Unit
Commander for review and approval (see the Operations Planning and Deconfliction Policy). The
Watch Commanderwill have final approval based on the totality of circumstances(calls for service,
available assisting units, etc.) after receiving a copy of required items by the deputy, supervisor
or Unit Commander.
607.5 ARREST WARRANTS
If a deputy reasonably believes that serving an arrest warrant may pose a higher risk than
commonly faced on a daily basis, the deputy should complete the risk assessment form and
submit it to the shift supervisor. That supervisor will then forward to their chain of command (Unit
Commander or Watch Commander).
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If the warrant is classified as high risk, service will be coordinated by the supervisor and Unit
Commander.
High risk operations are defined as operations, including service of search and arrest warrants and
sting operations, that are likely to present higher risks than are commonly faced by deputies on
a daily basis, including suspected fortified locations, reasonable risk of violence or confrontation
with multiple persons, or reason to suspect that persons anticipate the operation.
607.6 WARRANT PREPARATION
A deputy who prepares a warrant should ensure the documentation in support of the warrant
contains as applicable:
(a) Probable cause to support the search or arrest, including relevant dates and times
to demonstrate timeliness and facts to support any request for nighttime warrant
execution.
(b) A clear explanation of the affiant's training, experience and relevant education.
(c) Adequately supported opinions, when relevant, that are not left to unsubstantiated
conclusions.
(d) A nexus between the place to be searched and the persons or items central to
the investigation. The facts supporting this nexus should be clear and current. For
example, the affidavit shall explain why there is probable cause to believe that a
particular person is currently residing at a particular location or that the items sought
are present at a particular location.
(e) Full disclosure of known or suspected residents at the involved location and any
indication of separate living spaces at the involved location. For example, it should be
disclosed that several people may be renting bedrooms at a single location, even if
the exact location of the rooms is not known.
(f) A specific description of the location to be searched, including photographs of the
location, if reasonably available.
(g) A sufficient description of the items to be seized.
(h) Full disclosure of any known exculpatory information relevant to the warrant
application (refer to the Brady Material Disclosure Policy).
607.7 HIGH-RISK WARRANT SERVICE
The Unit Commander or the authorized designee shall coordinate the service of warrants that
are categorized as high risk and shall have sole authority in determining the manner in which the
warrant will be served, including the number of deputies deployed.
The member responsible for directing the service should ensure the following as applicable:
(a) A list is made of all items seized and a copy provided to the person in charge of the
premises if present or otherwise left in a conspicuous place.
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(b) A copy of the search warrant face page, notice of service and an inventory of seized
items are left at the location.
(c) The condition of the property is documented with video recording or photographs after
the search.
607.8 DETENTIONS DURING WARRANT SERVICE
Deputies must be sensitive to the safety risks of all persons involved with the service of a warrant.
Depending on circumstances and facts present, it may be appropriate to control movements of
any or all persons present at a warrant service, including those who may not be the subject of a
warrant or suspected in the case.
As soon as it can be determined that an individual is not subject to the scope of a warrant and that
no further reasonable suspicion or safety concerns exist to justify further detention, the person
should be promptly released.
Deputies should, when and to the extent reasonable, accommodate the privacy and personal
needs of people who have been detained.
607.9 ACTIONS AFTER WARRANT SERVICE
The supervisor shall ensure that all affidavits, warrants, receipts and returns, regardless of any
associated cases, are filed with the issuing court as soon as reasonably possible, but in any event
no later than any date specified on the warrant.
607.10 OUTSIDE AGENCIES AND CROSS-JURISDICTIONAL WARRANTS
The Supervisor and/or Unit Commander will ensure that cooperative efforts with other agencies
in the service of warrants conform to existing mutual aid agreements or other memorandums
of understanding and will work cooperatively to mitigate risks including, but not limited to, the
following:
• Identity of team members
• Roles and responsibilities
• Familiarity with equipment
• Rules of engagement
• Asset forfeiture procedures
Any outside agency requesting assistance in the service of a warrant within this jurisdiction
should be referred to the Watch Commander. The Watch Commander should review and confirm
the warrant, including the warrant location, and should discuss the service with the appropriate
supervisor from the other agency. The Watch Commander should contact and advise the
appropriate Unit Commander. The Watch Commander should ensure that members of the Fresno
County Sheriff's Office are utilized appropriately. Any concerns regarding the requested use of
Fresno County Sheriff's Office members should be brought to the attention of the Sheriff or the
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authorized designee. The actual service of the warrant will remain the responsibility of the agency
requesting assistance.
If deputies intend to serve a warrant outside Fresno County Sheriff's Office jurisdiction, the
Supervisor and/or Unit Commander in cooperation with dispatch should provide reasonable notice
to the applicable agency, request assistance as needed and work cooperatively on operational
planning and the mitigation of risks detailed in this policy.
Deputies will remain subject to the policies of the Fresno County Sheriff's Office when assisting
outside agencies or serving a warrant outside Fresno County Sheriff's Office jurisdiction.
607.11 MEDIA ACCESS
No advance information regarding warrant service operations shall be released without the
approval of the Bureau Commander or Assistant Sheriff. Any media inquiries or press release
after the fact shall be handled in accordance with the News Media Relations Policy.
607.12 TRAINING
The Training Unit should ensure deputies receive periodic training on this policy and associated
topics, such as legal issues, warrant preparation, warrant service and reporting requirements.
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PolicyFresno County Sheriff's Office
608' •• Policy Manual
Operations Planning and Deconfliction
608.1 PURPOSE AND SCOPE
This policy provides guidelines for planning, deconfliction and execution of high-risk operations.
Additional guidance on planning and serving high-risk warrants is provided in the Warrant Service
Policy.
608.1.1 DEFINITIONS
Definitions related to this policy include:
High-risk operations - Operations, including service of search and arrest warrants and sting
operations, that are likely to present higher risks than are commonly faced by deputies on a daily
basis, including suspected fortified locations, reasonable risk of violence or confrontation with
multiple persons, or reason to suspect that persons anticipate the operation.
608.2 POLICY
It is the policy of the Fresno County Sheriff's Office to properly plan and carry out high-
risk operations, including participation in a regional deconfliction system, in order to provide
coordination, enhance the safety of members and the public, decrease the risk of compromising
investigations and prevent duplicating efforts. All members shall utilize the approved Office
Operational Outline located in Star 2.0.
608.3 UNIT COMMANDER
The S.W.A.T.-C.N.T. Commander will develop and maintain a risk assessment form to assess,
plan and coordinate operations. This form will be approved by the Bureau Commander of
S.W.A.T.-C.N.T.
The Unit Commander will review risk assessment forms submitted by the involved supervisor(s)to
determine whether a particular incident qualifies as a high-risk operation. The Unit Commander,
in coordination with the supervisor will have the responsibility for coordinating operations that are
categorized as high risk.
608.4 RISK ASSESSMENT
608.4.1 RISK ASSESSMENT FORM PREPARATION
Deputies assigned as operational leads for any operation that may qualify as a high-risk operation
shall complete a risk assessment form.
When preparing the form, the deputy should query all relevant and reasonably available
intelligence resources for information about the subject of investigation, others who may be
present and the involved location. These sources may include regional intelligence and criminal
justice databases, target deconfliction systems, firearm records, commercial databases and
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property records. Where appropriate, the deputy should also submit information to these
resources.
The deputy should gather available information that includes, but is not limited to:
(a) Photographs, including aerial photographs, if available, of the involved location,
neighboring yards and obstacles.
(b) Maps of the location.
(c) Diagrams of any property and the interior of any buildings that are involved.
(d) Historical information about the subject of investigation (e.g., history of weapon
possession or use, known mental illness, known drug use,threats against police, gang
affiliation, criminal history).
(e) Historical information about others who may be present at the location (e.g., other
criminals, innocent third parties, dependent adults, children, animals).
(f) Obstacles associated with the location (e.g., fortification, booby traps, reinforced
doors/windows, surveillance measures, number and type of buildings, geographic and
perimeter barriers, the number and types of weapons likely to be present, information
that suggests the presence of explosives, chemicals or other hazardous materials, the
potential for multiple dwellings or living spaces, availability of keys/door combinations).
(g) Other environmental factors (e.g., nearby venues such as schools and day care
centers, proximity of adjacent homes or other occupied buildings, anticipated
pedestrian and vehicle traffic at the time of service).
(h) Other available options that may minimize the risk to deputies and others(e.g., making
an off-site arrest or detention of the subject of investigation).
608.4.2 RISK ASSESSMENT REVIEW
Deputies will present the risk assessment form and other relevant documents (such as copies of
search warrants and affidavits and arrest warrants) to their supervisor.The Unit Supervisor will
submit the same to the Unit Commander for review, approval, consultation or use of S.W.A.T.-
C.N.T.
Supervisors should take reasonable actions if there is a change in circumstances that elevates
the risks associated with the operation.
608.4.3 HIGH-RISK OPERATIONS
If the warrant/operation is high-risk utilizing the Risk Assessment Form and/or the consultation
with the S.W.A.T.-C.N.T. Commander, then the Unit Commander should:
(a) Notify the Bureau Commander.
(b) Coordinate with S.W.A.T.-C.N.T.
(c) Ensure that all legal documents such as search warrants are complete and have any
modifications reasonably necessary to support the operation.
(d) Implement the Incident Command System (ICS).
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608.5 DECONFLICTION
Deconfliction systems are designed to identify persons and locations associated with
investigations or law enforcement operations and alert participating agencies when others are
planning or conducting operations in close proximity or time or are investigating the same
individuals, groups or locations.
The deputy who is the operations lead shall ensure the subject of investigation and operations
information have been entered in an applicable deconfliction system to determine if there is
reported conflicting activity. This should occur as early in the process as practicable. The deputy
should also enter or relate relevant updated information when it is received.
If any conflict is discovered, the supervisor will contact the involved jurisdiction and resolve the
potential conflict before proceeding.
608.6 OPERATIONS PLAN
The S.W.A.T.-C.N.T. Commander and/or Unit Commander shall ensure that a written operations
plan is developed for all high-risk operations. Based on the complexity of the plan, the tactical
operations plan may be separate from the overall Incident Command. Regardless, the IC shall
have a copy of the approved tactical operations plan.
The plan should address issues such as:
(a) Operation overview, objectives and strategies.
(b) Operation location and people:
1. The subject of investigation (e.g., history of weapon possession/use, known
mental illness issues, known drug use, threats against police, gang affiliation,
criminal history)
2. The location (e.g., fortification, booby traps, reinforced doors/windows,
surveillance cameras and/or lookouts, number/type of buildings, geographic
and perimeter barriers, the number and types of weapons likely to be present,
information that suggests the presence of explosives, chemicals or other
hazardous materials, the potential for multiple dwellings or living spaces,
availability of keys/door combinations), including aerial photos, if available, and
maps of neighboring yards and obstacles, diagrams and other visual aids
3. Other environmental factors (e.g., nearby venues such as schools and day care
centers, proximity of adjacent homes or other occupied buildings, anticipated
pedestrian and vehicle traffic at the time of service)
4. Identification of other people who may be present in or around the operation,
such as other criminal suspects, innocent third parties and children
(c) The risk assessment form is attached to the operational plan.
(d) Participants and their roles.
(a) An adequate number of uniformed deputies should be included in the operation
team to provide reasonable notice of a legitimate law enforcement operation.
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(b) How all participants will be identified as law enforcement.
(e) Whether deconfliction submissions are current and all involved individuals, groups and
locations have been deconflicted to the extent reasonably practicable.
(f) Identification of all communications channels and call-signs.
(g) Use of force issues and/or rules of engagement.
(h) Contingencies for handling medical emergencies (e.g., services available at the
location, closest hospital, closest trauma center).
(i) Plans for detaining people who are not under arrest.
Q) Contingencies for handling children, dependent adults, animals and other people.
(k) Communications plan
(1) Responsibilities for writing, collecting, reviewing and approving reports.
608.6.1 OPERATIONS PLAN RETENTION
Since the operations plan contains intelligence information and descriptions of law enforcement
tactics, it shall not be filed with the report. The operations plan shall be stored separately and
retained in accordance with the established records retention schedule.
608.7 OPERATIONS BRIEFING
A briefing should be held prior to the commencement of any high-risk operation to allow
all participants to understand the operation, see and identify each other, identify roles and
responsibilities and ask questions or seek clarification as needed. Anyone who is not present at
the briefing should not respond to the operation location without specific supervisory approval.
(a) The briefing should include a verbal review of plan elements, using visual aids, to
enhance the participants' understanding of the operations plan.
(b) All participants should be provided a copy of the operations plan and search warrant,
if applicable.
(c) The S.W.A.T.-C.N.T. Supervisor and/or Unit Commander shall ensure that all
participants are visually identifiable as law enforcement officers.
(a) Exceptions may be made by the tactical operations supervisor for deputies who
are conducting surveillance or working under cover. However, those members
exempt from visual identification should be able to transition to a visible law
enforcement indicator at the time of enforcement actions, such as entries or
arrests, if necessary. The IC should also be aware of the exceptions.
(d) The briefing should include details of the communications plan.
(a) It is the responsibility of the unit sergeant or S.W.A.T.-C.N.T. sergeant to ensure
that the Communications Center is notified of the time and location of the
operation, and to provide a copy of the operation plan prior to deputies arriving
at the location.
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(b) If the radio channel needs to be monitored by the Communications Center,
the dispatcher assigned to monitor the operation should attend the briefing, if
practicable, but at a minimum should receive a copy of the operation plan.
(c) The briefing should include a communications check to ensure that all
participants are able to communicate with the available equipment on the
designated radio channel.
608.8 S.W.A.T. PARTICIPATION
If the S.W.A.T.-C.N.T. Commander determines that S.W.A.T. participation is appropriate, the Unit
Commander and the S.W.A.T. Commander shall work together to develop a written plan. The
S.W.A.T. Commander shall assume operational control under an Incident Commander until all
persons at the scene are appropriately detained and it is safe to begin a search. When this occurs,
the S.W.A.T. Commander shall transfer control of the scene to the unit supervisor via the Incident
Commander. This transfer shall be communicated to the office members present.
608.9 MEDIA ACCESS
No advance information regarding planned operations shall be released without the approval of
the Bureau Commander or Assistant Sheriff. Any media inquiries or press release after the fact
shall be handled in accordance with the News Media Relations Policy.
608.10 OPERATIONS DEBRIEFING
High-risk operations should be debriefed as soon as reasonably practicable.The debriefing should
include as many participants as possible. This debrief may be separate from any S.W.A.T.-C.N.T.
debriefing.
608.11 TRAINING
The Training Unit may directly provide training on this policy and associated topics and/or they will
facilitate the training related to legal issues, deconfliction practices, operations planning concepts
and reporting requirements.
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Chapter 7 - Equipment
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Policy Fresno County Sheriff's Office
700
Policy Manual
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.
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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.
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Policy Fresno County Sheriff's Office
' Policy Manual
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
Sheriffs 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
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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 Iightbar covers at all times. Non-sworn employees shall not operate the
emergency lights or siren of any vehicle unless expressly authorized by a supervisor.
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Policy Fresno County Sheriff's Office
' Policy Manual
Vehicle Use
703.1 PURPOSE AND SCOPE
The purpose of this policy is to establish a system of accountability to ensure office vehicles are
used appropriately. This policy provides guidelines for on- and off-duty use of office vehicles and
shall not be construed to create or imply any contractual obligation by the County of Fresno to
provide assigned take-home vehicles.
703.2 POLICY
The Fresno County Sheriff's Office provides vehicles for office-related business and may assign
patrol and unmarked vehicles based on a determination of operational efficiency, economic impact
to the Office, requirements for tactical deployments and other considerations.
703.3 USE OF VEHICLES
703.3.1 UNSCHEDULED USE OF VEHICLES
Members utilizing a County-owned vehicle for any purpose other than their regularly assigned
duties shall first notify the Watch Commander of the reason for use and a notation will be made
on the shift roster indicating the operator's name and vehicle number. This section does not apply
to members permanently assigned an individual vehicle (e.g., command staff, detectives) who
regularly use the vehicle on an unscheduled basis as part of their normal assignment.
703.3.2 INSPECTIONS
Members shall be responsible for inspecting the interior and exterior of any assigned vehicle
before taking the vehicle into service and at the conclusion of their shifts. Any previously
unreported damage, mechanical problems, unauthorized contents or other problems with the
vehicle shall be promptly reported to a supervisor and documented as appropriate.
The interior of any vehicle that has been used to transport any person should be inspected prior
to placing another person in the vehicle and again after the person is removed. This is to ensure
that unauthorized or personal items have not been left in the vehicle.
When transporting any suspect, prisoner or arrestee, the transporting member should search all
areas of the vehicle that are accessible by the person before and after that person is transported.
All office vehicles are subject to inspection and/or search at any time by a supervisor without
notice and without cause. No member assigned to or operating such vehicle shall be entitled to
any expectation of privacy with respect to the vehicle or its contents.
703.3.3 SECURITY AND UNATTENDED VEHICLES
Unattended vehicles should be locked and secured at all times. No unattended vehicle should be
left with the engine on except a canine vehicle.Deputies who exit a vehicle rapidly in an emergency
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situation or to engage in a foot pursuit must carefully balance the need to exit the vehicle quickly
with the need to secure the vehicle.
Members shall ensure all weapons are secured while the vehicle is unattended. All office
identification, portable radios and equipment should be secured.
703.3.4 MDT
Members assigned to vehicles equipped with a Mobile Data Terminal (MDT) shall log onto
the MDT with the required information when going on-duty. If the vehicle is not equipped with a
working MDT, the member shall notify the Communications Center. Use of the MDT is governed
by the Mobile Data Terminal Use Policy.
703.3.5 VEHICLE LOCATION SYSTEM
Patrol and other vehicles, at the discretion of the Sheriff, may be equipped with a system designed
to track the vehicle's location.While the system may provide vehicle location and other information,
members are not relieved of their responsibility to use required communication practices to report
their location and status.
Members shall not make any unauthorized modifications to the system. At the start of each shift,
members shall verify that the system is on and report any malfunctions to their supervisor. If the
member finds that the system is not functioning properly, they should contact a member of the
I.T. department to get it fixed.
System data may be accessed by supervisors at any time. However, access to historical data by
anyone other than supervisors will require Bureau Commander approval. The system will not be
used for evaluation of employees, or absent specific pre-articulated cause, shall not be used for
discipline of employees.
All data captured by the system shall be retained in accordance with the established records
retention schedule.
703.3.6 KEYS
Members who are assigned a specific vehicle should be issued keys for that vehicle.
Members shall not duplicate keys without proper authorization. The loss of a key shall be promptly
reported in writing through the member's chain of command.
703.3.7 AUTHORIZED PASSENGERS
Members operating office vehicles shall not permit persons other than County personnel or
persons required to be conveyed in the performance of duty, or as otherwise authorized, to ride
as passengers in the vehicle, except as stated in the Ride-Along Policy.
703.3.8 ALCOHOL
Members who have consumed alcohol are prohibited from operating any office vehicle unless it is
required by the duty assignment (e.g., task force, undercover work). Regardless of assignment,
members may not violate state law regarding vehicle operation while intoxicated.
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703.3.9 PARKING
Except when responding to an emergency or when urgent office-related business requires
otherwise, members driving office vehicles should obey all parking regulations at all times.
Office vehicles should be parked in assigned stalls. Members shall not park privately owned
vehicles in stalls assigned to office vehicles or in other areas of the parking lot that are not so
designated unless authorized by a supervisor. Privately owned motorcycles shall be parked in
designated areas.
703.3.10 ACCESSORIES AND/OR MODIFICATIONS
There shall be no modifications, additions or removal of any equipment or accessories without
written permission from the Fleet Services manager.
703.3.11 NON-SWORN MEMBER USE
Non-sworn members using marked emergency vehicles shall ensure that all weapons have been
removed before going into service. Non-sworn members shall prominently display the "out of
service" placards or light bar covers at all times. Non-sworn members shall not operate the
emergency lights or siren of any vehicle unless expressly authorized by a supervisor.
703.3.12 TRAFFIC LAWS
Members, when operating a county vehicle, will obey all traffic laws.
703.3.13 CALIFORNIA DRIVER'S LICENSE REQUIREMENT
It shall be the duty of every member who drives a county vehicle to maintain a valid California
Driver's License (CDL) at all times. Such license shall not carry any restrictions for operating
passenger vehicles except for the requirement of wearing glasses. It shall be the duty of every
member to advise any change in their license status.
703.4 MEMBER ASSIGNMENT TO VEHICLES
Office vehicles may be assigned to members at the discretion of the Sheriff, subject to the
applicable bargaining agreement. Vehicles may be assigned for on-duty and/or take-home use.
Assigned vehicles may be changed at any time. Permission to take home a vehicle may be
withdrawn at any time.
The assignment of vehicles may be suspended when the member is unable to perform his/her
regular assignment.
703.4.1 ON-DUTY USE
Vehicle assignments shall be based on the nature of the member's duties, job description and
essential functions, and employment or appointment status. Vehicles may be reassigned or
utilized by other office members at the discretion of the Sheriff or the authorized designee.
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703.4.2 UNSCHEDULED TAKE-HOME USE
This particular section applies only to members who are not a part of a bargaining unit that
participates in the county vehicle assignment/home garaging privileges outlined in their respective
MOU.
Circumstances may arise where office vehicles must be used by members to commute to and
from a work assignment. Members may take home office vehicles only with prior approval of a
supervisor and shall meet the following criteria:
(a) The circumstances are unplanned and were created by the needs of the Office.
(b) Other reasonable transportation options are not available.
(c) The member lives within the Fresno County limits.
(d) Vehicles will be locked when not attended.
(e) If the vehicle is not secured inside a locked garage, the vehicle shall be equipped with
an audible alarm.The alarm shall be armed.All firearms, computers and kinetic impact
weapons shall be secured in their appropriate docking stations or removed from the
interior of the vehicle and properly secured (see the Firearms Policy regarding safe
storage of firearms at home).
703.4.3 ASSIGNED VEHICLES
Office members shall sign a take-home vehicle check out agreement that references Policy 703,
"Vehicle Use", including, but not limited to, how the vehicle shall be used, where it shall be parked
when the member is not on-duty, vehicle maintenance responsibilities and member enforcement
actions. Members who reside outside the County of Fresno may be required to secure the vehicle
at a designated location or the Office at the discretion of the Sheriff.
Criteria for use of take-home vehicles include the following:
(a) Vehicles shall only be used for work-related purposes and shall not be used for
personal errands or transports, unless special circumstances exist and the Sheriff or
a Bureau Commander gives authorization.
(b) Vehicles may be used to transport the member to and from the member's residence
for work-related purposes.
(c) Vehicles will not be used when off-duty except:
(a) In circumstances when a member has been placed on call by the Sheriff or
Bureau Commanders and there is a high probability that the member will be
called back to duty.
(b) When the member is performing a work-related function during what normally
would be an off-duty period, including vehicle maintenance ortraveling to orfrom
a work-related activity or function.
(c) When the member has received permission from the Sheriff or Bureau
Commanders.
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(d) When the vehicle is being used by the Sheriff, Bureau Commanders or members
who are in on-call administrative positions.
(e) When the vehicle is being used by investigators on standby.
(d) While operating the vehicle, authorized members will carry and have accessible their
duty firearms and be prepared to perform any function they would be expected to
perform while on-duty.
(e) The two-way communications radio, MDT and global positioning satellite device, if
equipped, must be on and set to an audible volume when the vehicle is in operation.
(f) Unattended vehicles are to be locked and secured at all times.
(a) No key should be left in the vehicle except when it is necessary that the vehicle
be left running (e.g., continued activation of emergency lights, canine safety,
equipment charging).
(b) All weapons shall be secured while the vehicle is unattended.
(c) All office identification, portable radios and equipment should be secured.
(g) If the vehicle is not secured inside a locked garage, all firearms and kinetic impact
weapons shall be properly secured in their appropriate docking stations or removed
from the interior of the vehicle and properly secured (see the Firearms Policy regarding
safe storage of firearms at home).
(h) Vehicles are to be secured at the member's residence or the appropriate office facility,
at the discretion of the Office,when a memberwill be away(e.g., on OJI, military leave)
for periods exceeding two weeks.
(a) If the vehicle remains at the residence of the member, the Office shall have
access to the vehicle.
(b) If the member is unable to provide access to the vehicle, it shall be parked at
the Office.
(i) The member is responsible for the care and maintenance of the vehicle.
703.4.4 ENFORCEMENT ACTIONS
When driving an assigned vehicle to and from work, a deputy should use discretion and good
judgement before becoming directly involved in enforcement actions (see the Off-Duty Law
Enforcement Actions Policy and the Law Enforcement Authority Policy).
Deputies may render public assistance (e.g., to a stranded motorist) when deemed
prudent. Deputies shall, at all times while driving a marked County-owned vehicle, be armed,
appropriately attired and carry their Office-issued identification. Deputies should also ensure that
Office radio communication capabilities are maintained to the extent feasible.
703.4.5 MAINTENANCE
Members are responsible for the cleanliness (exterior and interior) and overall maintenance of
their assigned vehicles. Cleaning and maintenance supplies will be provided by the Office. Failure
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to adhere to these requirements may result in discipline and loss of vehicle assignment. The
following should be performed as outlined below:
(a) Members shall make daily inspections of their assigned vehicles for service/
maintenance requirements and damage.
(b) It is the member's responsibility to ensure that his/her assigned vehicle is maintained
according to the established service and maintenance schedule.
(c) All scheduled vehicle maintenance and car washes shall be performed as necessary
at a facility approved by the office supervisor in charge of vehicle maintenance.
(d) Sheriffs Fleet shall be notified of problems with the vehicle and approve any major
repairs before they are performed.
(e) When leaving the vehicle at the maintenance facility, the member will complete a
vehicle repair card explaining the service or repair.
(f) All weapons shall be removed from any vehicle left for maintenance.
(a) Supervisors shall make, at a minimum, quarterly inspections of vehicles
assigned to members under their command to ensure the vehicles are being
maintained in accordance with this policy.
(g) Overtime is not authorized for maintenance and/or cleaning of the vehicle.
703.5 UNMARKED VEHICLES
Except for use by the assigned member, unmarked units shall not be used without first obtaining
approval from the supervisor of the unit to which the vehicle is assigned.
703.6 DAMAGE, ABUSE AND MISUSE
When any office vehicle is involved in a traffic collision or otherwise incurs damage, the involved
member shall promptly notify a supervisor.Any traffic collision report shall be filed with the agency
having jurisdiction (see the Traffic Collision Reporting Policy).
Damage to any office vehicle that was not caused by a traffic collision shall be immediately
reported during the shift in which the damage was discovered and appropriately documented.
703.7 TOLL ROAD USAGE
Law enforcement vehicles are not routinely exempted from incurring toll road charges.
To avoid unnecessary toll road charges, all members operating office vehicles on a toll road shall
adhere to the following:
(a) Members operating office vehicles for any reason other than in response to an
emergency shall pay the appropriate toll charge or utilize the appropriate toll way
transponder. Members may submit a request for reimbursement from the County for
any toll fees incurred in the course of official business.
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(b) Members passing through a toll plaza or booth during a response to an emergency
shall notify, in writing, the appropriate Bureau Commander within five working days
explaining the circumstances.
703.8 ATTIRE AND APPEARANCE
When operating any office vehicle while off-duty, members may dress in a manner appropriate for
their intended activity. Whenever in view of or in contact with the public, attire and appearance,
regardless of the activity, should be suitable to reflect positively upon the Office.
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PolicyFresno County Sheriff's Office
' Policy Manual
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.
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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.
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PolicyFresno County Sheriff's Office
' Policy Manual
Personal Protective Equipment
705.1 PURPOSE AND SCOPE
This policy identifies the different types of personal protective equipment (PPE) provided by the
Office as well the requirements and guidelines for the use of PPE.
This policy does not address ballistic vests or protection from communicable disease, as those
issues are addressed in the Body Armor and Communicable Diseases policies.
705.1.1 DEFINITIONS
Definitions related to this policy include:
Personal protective equipment (PPE) - Equipment that protects a person from serious
workplace injuries or illnesses resulting from contact with chemical, radiological, physical,
electrical, mechanical or other workplace hazards.
Respiratory PPE -Any device that is worn by the user to protect from exposure to atmospheres
where there is smoke, low levels of oxygen, high levels of carbon monoxide, or the presence of
toxic gases or other respiratory hazards. For purposes of this policy, respiratory PPE does not
include particulate-filtering masks such as N95 or N100 masks.
705.2 POLICY
The Fresno County Sheriff's Office endeavors to protect members by supplying certain PPE to
members as provided in this policy.
705.3 DEPUTY RESPONSIBILITIES
Members are required to use PPE as provided in this policy and pursuant to their training.
Members are responsible for proper maintenance and storage of issued PPE. PPE should be
stored in an appropriate location so that it is available when needed.
Any member who identifies hazards in the workplace is encouraged to utilize the procedures in
the Illness and Injury Prevention Policy to recommend new or improved PPE or additional needs
for PPE.
705.4 HEARING PROTECTION
Approved hearing protection shall be used by members during firearms training.
Hearing protection shall meet or exceed the requirements provided in 8 CCR 5098.
705.5 EYE PROTECTION
Approved eye protection, including side protection, shall be used by members during firearms
training. Members shall ensure their eye protection does not interfere with the fit of their hearing
protection.
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The Rangemaster shall ensure eye protection meets or exceeds the requirements provided in 8
CCR 3382.
705.6 HEAD AND BODY PROTECTION
Members who make arrests or control crowds should be provided ballistic head protection with
an attachable face shield.
Padded body protection consisting of chest, arm, leg and groin protection should be provided as
required by any collective bargaining agreement.
705.7 RESPIRATORY PROTECTION
The Operations Support Bureau Commander is responsible for ensuring a respiratory protection
plan is developed and maintained by a trained and qualified member. The plan shall include
procedures for (8 CCR 5144):
(a) Selecting appropriate respiratory PPE based on hazards and risks associated with
functions or positions.
(b) Fit testing, including identification of members or contractors qualified to conduct fit
testing.
(c) Medical evaluations.
(d) PPE inventory control.
(e) PPE issuance and replacement.
(f) Cleaning, disinfecting, storing, inspecting, repairing, discarding and otherwise
maintaining respiratory PPE, including schedules for these activities.
(g) Regularly reviewing the PPE plan.
(h) Remaining current with applicable National Institute for Occupational Safety and
Health (NIOSH), American National Standards Institute (ANSI), Occupational Safety
and Health Administration (OSHA), Environmental Protective Agency(EPA)and state
PPE standards and guidelines.
705.7.1 RESPIRATORY PROTECTION USE
Designated members may be issued respiratory PPE based on the member's assignment (e.g.,
a narcotics investigator who is involved in clandestine lab investigations).
Respiratory PPE may be worn when authorized by a scene commander who will determine the
type and level of protection appropriate at a scene based upon an evaluation of the hazards
present.
Scene commanders, or their designated safety officer, are responsible for monitoring members
using respiratory PPE and their degree of exposure or stress. When there is a change in
work area conditions or when a member's degree of exposure or stress may affect respirator
effectiveness, the scene commander, or their designated safety officer, shall reevaluate the
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continued effectiveness of the respirator and direct the member to leave the respirator use area
when the scene commander reasonably believes (8 CCR 5144):
(a) It is necessary for the member to wash his/her face and the respirator facepiece to
prevent eye or skin irritation associated with respirator use.
(b) The member detects vapor or gas breakthrough, or there is a change in breathing
resistance or leakage of the facepiece.
(c) The member needs to replace the respirator, filter, cartridge or canister.
705.7.2 MEMBER RESPONSIBILITIES FOR RESPIRATORY PROTECTION
Members shall not use self-contained breathing apparatus (SCBA), full-face respirators or
cartridge respirators unless they have completed training requirements for the equipment.
Members exposed to environments that are reasonably known to be harmful due to gases, smoke
or vapors shall use respiratory PPE.
Members using respiratory PPE shall (8 CCR 5144):
(a) Ensure that they have no facial hair between the sealing surface of the facepiece and
the face that could interfere with the seal or the valve function. Members also shall
ensure that they have no other condition that will interfere with the face-to-facepiece
seal or the valve function.
(b) Not wear corrective glasses, goggles or other PPE that interferes with the seal of
the facepiece to the face, or that has not been previously tested for use with that
respiratory equipment.
(c) Perform a user seal check per office-approved procedures recommended by the
respirator manufacturer each time they put on a tight-fitting respirator.
(d) Leave a respiratory use area whenever they detect vapor or gas breakthrough,
changes in breathing resistance or leakage of their facepiece and ensure that the
respirator is replaced or repaired before returning to the affected area.
705.7.3 GAS MASK
Full-face air-purifying respirators, commonly referred to as gas masks, may be fitted with
mechanical pre-filters or combination cartridge/filter assemblies for use in areas where gases,
vapors, dusts, fumes or mists are present. Members must identify and use the correct cartridge
based on the circumstances (8 CCR 5144).
A scene commander may order the use of gas masks in situations where the use of a SCBA is
not necessary. These incidents may include areas where tear gas has or will be used or where
a vegetation fire is burning. Gas masks shall not be used if there is a potential for an oxygen-
deficient atmosphere.
Members shall ensure their gas mask filters are replaced whenever:
(a) They smell, taste or are irritated by a contaminant.
(b) They experience difficulty breathing due to filter loading.
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(c) The cartridges or filters become wet.
(d) The expiration date on the cartridges or canisters has been reached.
705.7.4 SELF-CONTAINED BREATHING APPARATUS
Scene commanders may direct members to use SCBA when entering an atmosphere that may
pose an immediate threat to life, would cause irreversible adverse health effects or would impair
an individual's ability to escape from a dangerous atmosphere. These situations may include, but
are not limited to:
(a) Entering the hot zone of a hazardous materials incident.
(b) Entering any area where contaminant levels may become unsafe without warning, or
any situation where exposures cannot be identified or reasonably estimated.
(c) Entering a smoke- or chemical-filled area.
The use of SCBA should not cease until approved by a scene commander.
705.7.5 RESPIRATOR FIT TESTING
No member shall be issued respiratory PPE until a proper fit testing has been completed by a
designated member or contractor (8 CCR 5144).
After initial testing, fit testing for respiratory PPE shall be repeated (8 CCR 5144):
(a) At least once every 12 months.
(b) Whenever there are changes in the type of SCBA or facepiece used.
(c) Whenever there are significant physical changes in the user (e.g., obvious change in
body weight, scarring of the face seal area, dental changes, cosmetic surgery or any
other condition that may affect the fit of the facepiece seal).
All respirator fit testing shall be conducted in negative-pressure mode.
705.8 RECORDS
The Training Manager is responsible for maintaining records of all:
(a) PPE training.
(b) Initial fit testing for respiratory protection equipment.
(c) Annual fit testing.
(d) Respirator medical evaluation questionnaires and any subsequent physical
examination results.
1. These records shall be maintained in a separate confidential medical file.
The records shall be maintained in accordance with the office records retention schedule and 8
CCR 5144.
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705.9 TRAINING
Members should be trained in the respiratory and other hazards to which they may be potentially
exposed during routine and emergency situations.
All members shall be trained in the proper use and maintenance of PPE issued to them, including
when the use is appropriate; how to put on, remove and adjust PPE; how to care for the PPE;
and the limitations (8 CCR 3380).
Members issued respiratory PPE shall attend annual training on the proper use of respiratory
protection devices (8 CCR 5144).
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PolicyFresno County Sheriff's Office
' • Policy Manual
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
Q) 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
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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 opticwill 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.
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Chapter 8 - Support Services
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Policy Fresno County Sheriff's Office
800
• ' ' Policy Manual
Crime Analysis
800.1 PURPOSE AND SCOPE
Crime analysis should provide currently useful information to aid operational personnel in meeting
their tactical crime control and prevention objectives by identifying and analyzing methods of
operation of individual criminals, providing crime pattern recognition, and providing analysis of
data from field interrogations and arrests. Crime analysis can be useful to the office's long range
planning efforts by providing estimates of future crime trends and assisting in the identification of
enforcement priorities.
800.2 DATA SOURCES
Crime analysis data is extracted from many sources including, but not limited to:
• Crime reports
• Field Interview cards
• Parole and Probation records
• Computer Aided Dispatch data
• Statewide Integrated Traffic Reporting System (SWITRS)
800.3 CRIME ANALYSIS FACTORS
The following minimum criteria should be used in collecting data for Crime Analysis:
• Frequency by type of crime
• Geographic factors
• Temporal factors
• Victim and target descriptors
• Suspect descriptors
• Suspect vehicle descriptors
• Modus operandi factors
• Physical evidence information
800.4 CRIME ANALYSIS DISSEMINATION
For a crime analysis system to function effectively, information should be disseminated to the
appropriate units or persons on a timely basis. Information that is relevant to the operational and
tactical plans of specific line units should be sent directly to them. Information relevant to the
development of the office's strategic plans should be provided to the appropriate staff. When
information pertains to tactical and strategic plans, it should be provided to all affected units.
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PolicyFresno County Sheriff's Office
801
Policy Manual
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 forthe
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.
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(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.
Q) 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.
Q) Radio interoperability issues.
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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?
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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.
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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.
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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).
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Policy Fresno County Sheriff's Office
802
Policy Manual
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 identifies 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.
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802.3.2 NARCOTICS AND DANGEROUS DRUGS
All narcotics and dangerous drugs shall be booked separately 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
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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.
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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.
It is important that deputies determine whether the property is being taken as safekeeping,whether
it is found property, or whether the deputy is booking it for destruction. Any items where the
property owner/agent is known and they want their items back should be booked with SO form
491 so our property/evidence technician can follow-up on releasing the property. If the items are
booked as found property and no owner/agent is known, SO 491 should be completed so our
property/evidence technicians know that there is no owner/agent information available.
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
and property held for safekeeping shall be held for a minimum of 90 days. During such period,
property personnel shall attempt to contact the rightful owner by telephone and/or mail when
sufficient identifying information is available. Property not held for any other purpose and not
claimed within 90 days after notification (or receipt, if notification is not feasible) may be auctioned
to the highest bidder at a properly published public auction. If such property is not sold at auction
or otherwise lawfully claimed, it may thereafter be destroyed (Civil Code § 2080.6). The final
disposition of all such property shall be fully documented in related reports.
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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.
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, magazine, or ammunition 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, magazine, or ammunition longer than 180 days
after notice has been provided to the owner that such items are available for return. At the
expiration of such period, the firearm, magazine, or ammunition 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:
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(a) If a petition for a hearing regarding the return of a firearm or a weapon has been
initiated pursuant to Welfare and Institutions Code § 8102(c), the firearm or 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 written notification from the California Department of
Justice (DOJ) that 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 firearm or weapon is not retained as evidence, the Office shall make the
firearm or weapon available for return. No firearm will be returned unless and until
the person presents valid identification and written notification from the California DOJ
that 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.
802.6.11 RELEASE OF FIREARMS, MAGAZINES, AND AMMUNITION
The Office shall not return any firearm, magazine, or ammunition taken into custody to any
individual unless all requirements of Penal Code § 33855 are met.
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.
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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)
• 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)
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
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(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
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.
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PolicyFresno County Sheriff's Office
803
Policy Manual
Records Unit
803.1 PURPOSE AND SCOPE
This policy establishes the guidelines for the operational functions of the Fresno County Sheriffs
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 Sheriffs 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.
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(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 field interview
(FI) cards, 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 Records
Maintenance and Release and Protected Information policies and the Records Unit procedure
manual.
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PolicyFresno County Sheriff's Office
804
• ' 4 Policy Manual
Restoration of Firearm Serial Numbers
804.1 PURPOSE AND SCOPE
The primary purpose for restoring firearm serial numbers is to determine the prior owners or
origin of the item from which the number has been recovered. Thus, property may be returned to
rightful owners or investigations can be initiated to curb illegal trade of contraband firearms. The
purpose of this plan is to develop standards, methodologies, and safety protocols for the recovery
of obliterated serial numbers from firearms and other objects using procedures that are accepted
as industry standards in the forensic community. All personnel who are involved in the restoration
of serial numbers will observe the following guidelines. This policy complies with Penal Code §
11108.9.
804.2 PROCEDURE
Any firearm coming into the possession of the Fresno County Sheriff's Office as evidence, found
property, etc., where the serial numbers have been removed or obliterated will be processed in
the following manner:
804.2.1 PRELIMINARY FIREARM EXAMINATION
(a) Always keep the muzzle pointed in a safe direction. Be sure the firearm is in
an unloaded condition. This includes removal of the ammunition source (e.g., the
detachable magazine, contents of the tubular magazine) as well as the chamber
contents.
(b) Accurately record/document the condition of the gun when received. Note the positions
of the various components such as the safeties, cylinder, magazine, slide, hammer,
etc. Accurately record/document cylinder chamber and magazine contents. Package
the ammunition separately.
(c) If the firearm is corroded shut or in a condition that would preclude inspection of the
chamber contents, treat the firearm as if it is loaded. Make immediate arrangements
for a firearms examiner or other qualified examiner to render the firearm safe.
(d) If the firearm is to be processed for fingerprints or trace evidence, process before
the serial number restoration is attempted. First record/document important aspects
such as halos on the revolver cylinder face or other relevant evidence that might be
obscured by the fingerprinting chemicals.
804.2.2 PROPERTY BOOKING PROCEDURE
Any employee taking possession of a firearm with removed/obliterated serial numbers shall
book the firearm into property following the Property and Evidence Section Policy. The member
booking the firearm shall indicate on the property form that serial numbers have been removed or
obliterated. A formal request to have the serial number restored shall be submitted to the Crime
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Scene Unit via a work order. Firearms are being processed by the Crime Scene Unit. These work
orders are assigned to the Crime Scene Unit Technician with the proper training.
804.2.3 DOCUMENTATION
Case reports are prepared in order to document the chain of custody and the initial examination
and handling of evidence from the time it is received/collected until it is released.
This report must include a record of the manner in which and/or from whom the firearm was
received.This may appear on the request form or property form depending on the type of evidence.
804.2.4 FIREARM TRACE
After the serial number has been restored (or partially restored) by the Crime Scene Unit, a
member will complete a Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) National
Tracing Center (NTC) Obliterated Serial Number Trace Request Form (ATF 3312.1-OBL) and
forward the form to the NTC in Falling Waters, West Virginia or enter the data into the ATF eTrace
system.
Firearms with serial numbers that have been restored by the manufacturer may be returned to the
registered owner at the direction of the Sheriff or authorized designee. The registered owner may
be required to pay the costs associated with the serial number recovery process.
804.3 BULLET AND CASING IDENTIFICATION
Exemplar bullets and cartridge cases from the firearm, depending upon acceptance criteria and
protocol, may be processed by the forensic lab.
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PolicyFresno County Sheriff's Office
805
Policy Manual
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 Sheriffs 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 (Government Code § 6253).
(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 all office current standards, policies, practices, operating procedures,
and education and training materials are posted on the office website in accordance
with Penal Code § 13650.
(i) 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.
Q) 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.
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Records Maintenance and Release
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.
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
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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.
(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 except as allowed by law(Government Code
§ 6254; Penal Code § 832.7; Penal Code § 832.8; Evidence Code § 1043 et seq.).
1. Peace officer personnel records that are deemed confidential shall not be made
public or otherwise released to unauthorized individuals or entities absent a valid
court order.
2. The identity of any 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 representatives shall be
provided, upon request and without charge, one copy of all incident report face
sheets, one copy of all incident reports, or both, pursuant to the requirements
and time frames of Family Code § 6228.
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2. Victims of sexual assault, upon written request, shall be provided a free copy
of the initial crime report regardless of whether the report has been closed.
Personal identifying information may be redacted (Penal Code § 680.2(b)).
(e) Video or audio recordings created during the commission or investigation of the crime
of rape, incest, sexual assault, domestic violence, or child abuse that depicts the
face, intimate body part, or voice of a victim of the incident except as provided by
Government Code § 6254.4.5.
(f) Information involving confidential informants, intelligence information, information
that would endanger the safety of any person involved, or information that would
endanger the successful completion of the investigation or a related investigation.This
includes analysis and conclusions of investigating 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 understate and federal discovery laws (Code
of Civil Procedure §130).
Q) 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.
(1) 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).
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(o) A record of a civilian complaint, or the investigations, findings, or dispositions of that
complaint if the complaint is frivolous, as defined by Code of Civil Procedure § 128.5,
or if the complaint is unfounded (Penal Code § 832.7 (b)(8)).
(p) Any other record not addressed in this policy shall not be subject to release where
such record is exempt or prohibited from disclosure pursuant to state or federal
law, including but not limited to provisions of the Evidence Code relating to privilege
(Government Code § 6254).
(q) Information connected with juvenile court proceedings or the detention or custody of
a juvenile. Federal officials may be required to obtain a court order to obtain certain
juvenile information (Welfare and Institutions Code § 827.9; Welfare and Institutions
Code § 827.95; 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 § 851.91, 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.
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805.8.1 SEALED JUVENILE ARREST RECORDS
Upon receiving notice from a probation department to seal juvenile arrest records pursuant to
Welfare and Institutions Code § 786.5, the Records Unit Commander should ensure that the
records are sealed within 60 days of that notice and that the probation department is notified once
the records have been sealed (Welfare and Institutions Code § 786.5).
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).
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, California identification card number, tax identification number,
passport number, military identification number, or other unique identification number
issued on a government document commonly used to verify the identity of a specific
individual
• 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
• Unique biometric data
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.
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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
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.
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(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.
805.10 RELEASE OF AUDIO OR VIDEO RECORDINGS RELATED TO CRITICAL
INCIDENTS
Video and audio recordings related to critical incidents shall be released upon a proper public
record request and subject to delayed release, redaction, and other release restrictions as
provided by law (Government Code § 6254(f)(4)).
For purposes of this section, a video or audio recording relates to a critical incident if it depicts
an incident involving the discharge of a firearm at a person by a deputy, or depicts an incident in
which the use of force by a deputy against a person resulted in death or in great bodily injury (as
defined by Penal Code § 243(f)(4)) (Government Code § 6254(f)(4)).
The Custodian of Records should work as appropriate with the Sheriff or the Internal Affairs
Unit supervisor in determining what recordings may qualify for disclosure when a request for a
recording is received and if the requested recording is subject to delay from disclosure, redaction,
or other release restrictions.
805.10.1 DELAY OF RELEASE
Disclosure of critical incident recordings during active criminal or administrative investigations may
be delayed as follows if disclosure would substantially interfere with the investigation, such as by
endangering the safety of a witness or a confidential source:
(a) Disclosure may be delayed up to 45 days from the date the Office knew or reasonably
should have known about the incident.
(b) Delay of disclosure may continue after the initial 45 days and up to one year if the
Office demonstrates that disclosure would substantially interfere with the investigation.
(c) Any delay of disclosure longer than one year must be supported by clear and
convincing evidence that disclosure would substantially interfere with the investigation
(Government Code § 6254(f)(4)).
805.10.2 NOTICE OF DELAY OF RELEASE
When there is justification to delay disclosure of a recording, the Custodian of Records shall
provide written notice to the requester as follows (Government Code § 6254(f)(4)):
(a) During the initial 45 days, the Custodian of Records shall provide the requester
with written notice of the specific basis for the determination that disclosure would
substantially interfere with the investigation.The notice shall also include the estimated
date for the disclosure.
(b) When delay is continued after the initial 45 days, the Custodian of Records shall
promptly provide the requester with written notice of the specific basis for the
determination that the interest in preventing interference with an active investigation
outweighs the public interest in the disclosure, and the estimated date for the
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disclosure. The Custodian of Records should work with the Sheriff in reassessing the
decision to continue withholding a recording and notify the requester every 30 days.
Recordings withheld shall be disclosed promptly when the specific basis for withholding the
recording is resolved.
805.10.3 REDACTION
If the Custodian of Records, in consultation with the Sheriff or authorized designee, determines
that specific portions of the recording may violate the reasonable expectation of privacy of a
person depicted in the recording, the Office should use redaction technology to redact portions of
recordings made available for release. The redaction should not interfere with the viewer's ability
to fully, completely, and accurately comprehend the events captured in the recording, and the
recording should not otherwise be edited or altered (Government Code § 6254(f)(4)).
If any portions of a recording are withheld to protect the reasonable expectation of privacy of a
person depicted in the recording,the Custodian of Records shall provide in writing to the requester
the specific basis for the expectation of privacy and the public interest served (Government Code
§ 6254(f)(4)).
805.10.4 RECORDINGS WITHHELD FROM PUBLIC DISCLOSURE
If the reasonable expectation of privacy of a person depicted in the recording cannot adequately
be protected through redaction, and that interest outweighs the public interest in disclosure, the
Office may withhold the recording from the public, except that the recording, either redacted or
unredacted, shall be disclosed promptly, upon request, to any of the following (Government Code
§ 6254(f)(4)):
(a) The person in the recording whose privacy is to be protected, or his/her authorized
representative.
(b) If the person is a minor, the parent or legal guardian of the person whose privacy is
to be protected.
(c) If the person whose privacy is to be protected is deceased, an heir, beneficiary,
designated immediate family member, or authorized legal representative of the
deceased person whose privacy is to be protected.
If the Office determines that this disclosure would substantially interfere with an active criminal
or administrative investigation, the Custodian of Records shall provide the requester with written
notice of the specific basis for the determination and the estimated date of disclosure(Government
Code § 6254(f)(4)).
The Office may continue to delay release of the recording from the public for 45 days with
extensions as provided in this policy (Government Code § 6254(f)(4)(A)).
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PolicyFresno County Sheriff's Office
806
• ' • Policy Manual
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 Sheriffs 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.
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806.4 ACCESS TO PROTECTED INFORMATION
Protected information shall not be accessed in violation of any law, order, regulation, user
agreement, Fresno County Sheriffs 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).
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).
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).
806.5.2 TRANSMISSION GUIDELINES
Protected information, such as restricted Criminal Justice Information (CJI), which includes
Criminal History Record Information (CHRI), should not be transmitted via unencrypted radio.
When circumstances reasonably indicate that the immediate safety of deputies, other office
members, or the public is at risk, only summary information may be transmitted.
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In cases where the transmission of protected information, such as Personally Identifiable
Information, is necessary to accomplish a legitimate law enforcement purpose, and utilization of an
encrypted radio channel is infeasible, a MDT or office-issued cellular telephone should be utilized
when practicable. If neither are available, unencrypted radio transmissions shall be subject to the
following:
• Elements of protected information should be broken up into multiple transmissions,
to minimally separate an individual's combined last name and any identifying number
associated with the individual, from either first name or first initial.
• Additional information regarding the individual, including date of birth, home address,
or physical descriptors, should be relayed in separate transmissions.
Nothing in this policy is intended to prohibit broadcasting warrant information.
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.
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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).
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PolicyFresno County Sheriff's Office
807
Policy Manual
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.
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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.
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(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.
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Policy Fresno County Sheriff's Office
• • Policy Manual
Animal Control
808.1 PURPOSE AND SCOPE
The purpose of this policy is to establish guidelines for interacting with animals and responding
to calls for service that involve animals.
808.2 MEMBER RESPONSIBILITIES
Members who respond to or assist with animal-related calls for service should evaluate the
situation to determine the appropriate actions to control the situation.
Due to the hazards of handling animals without proper training and equipment, responding
members generally should not attempt to capture or pick up any animal, but should keep the
animal under observation until the arrival of appropriate assistance.
Members may consider acting before the arrival of such assistance when:
(a) There is a threat to public safety.
(b) An animal has bitten someone. Members should take measures to confine the animal
and prevent further injury.
(c) An animal is creating a traffic hazard.
(d) An animal is seriously injured.
(e) The owner/handler of an animal has been arrested or is incapacitated. In such
circumstances, the member should find appropriate placement for the animal.
(a) This is only necessary when the arrestee is expected to be in custody for a
time period longer than would reasonably allow him/her to properly care for the
animal.
(b) With the owner's consent, locating appropriate placement may require
contacting relatives or neighbors to care for the animal.
(c) If no person can be found or the owner does not or cannot give consent, the
animal should be taken to a designated animal care facility.
(d) A service dog/animal is not allowed to accompany an arrestee into the jail. The
jail shall be notified of any service dog the arrestee claimed to have/purpose
so that proper vetting and any ADA-type accommodations are made (i.e. blind,
deaf, etc.).
(a) The service dog/animal disposition shall be noted in the deputy's report so
the arrestee, upon release, knows where the service dog/animal can be
claimed (i.e. family, friend, professional group, etc.).
808.3 DECEASED ANIMALS
Deceased animals on public property will be removed and properly disposed of by the ACO.
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808.4 INJURED ANIMALS
When a member becomes aware of an injured domesticated animal, all reasonable attempts
should be made to contact an owner or responsible handler. If an owner or responsible handler
cannot be located, the animal should be taken to a veterinarian and notice shall be given to the
owner pursuant to the requirements of Penal Code § 597.1.
808.4.1 INJURED WILDLIFE
Injured wildlife should be referred to the Department of Fish and Wildlife.
808.4.2 RESCUE OF ANIMALS IN VEHICLES
If an animal left unattended in a vehicle appears to be in distress, members may enter the vehicle
for the purpose of rescuing the animal. Members should (Penal Code § 597.7(d)):
(a) Make a reasonable effort to locate the owner before entering the vehicle.
(b) Take steps to minimize damage to the vehicle.
(c) Refrain from searching the vehicle or seizing items except as otherwise permitted by
law.
(d) Leave notice on or in the vehicle identifying the location where the animal has been
taken and the name and Department of the member involved in the rescue.
(e) Make reasonable efforts to contact the owner or secure the vehicle before leaving the
scene.
(f) Take the animal to an animal care facility, a place of safekeeping or, if necessary, a
veterinary hospital for treatment.
808.4.3 VETERINARY CARE
The injured animal should be taken to a veterinarian as follows:
(a) During normal business hours, the animal should be taken to an authorized veterinary
care clinic.
(b) If after normal business hours,the animal should be taken to the authorized Veterinary
Emergency and Critical Care Services Clinic.
(c) An exception to the above exists when the animal is an immediate danger to the
community or the owner of the animal is identified and takes responsibility for the
injured animal.
Each incident shall be documented and, at minimum, include the name of the reporting party and
veterinary hospital and/or person to whom the animal is released.
If Fresno Humane Animal Services is not available, the information will be forwarded to
Environmental Health for follow-up.
808.5 POLICY
It is the policy of the Fresno County Sheriff's Office to be responsive to the needs of the community
regarding animal-related issues. This includes enforcing local, state and federal laws relating to
animals and appropriately resolving or referring animal-related problems, as outlined in this policy.
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808.6 ANIMAL CRUELTY COMPLAINTS
Laws relating to the cruelty to animals should be enforced, including but not limited to Penal Code
§ 597 et seq. (cruelty to animals, failure to care for animals).
(a) An investigation should be conducted on all reports of animal cruelty.
(b) Legal steps should be taken to protect an animal that is in need of immediate care or
protection from acts of cruelty.
808.7 ANIMAL BITE REPORTS
Members investigating an animal bite should obtain as much information as possible for follow-
up with Environmental Health and Fresno Humane Animal Services. Efforts should be made to
capture or otherwise have the animal placed under control. Members should attempt to identify and
notify the owner of the final disposition of the animal. Fresno Humane Animal Services may take
responsibility of advising the owners of the final disposition of the animal and they may document
the necessary paperwork for animal bite reports. Members should consult the CIM for incidents
when a report is necessary.
808.8 PUBLIC NUISANCE CALLS RELATING TO ANIMALS
Members should diligently address calls related to nuisance animals (e.g., barking dogs), as such
calls may involve significant quality-of-life issues.
808.9 DESTRUCTION OF ANIMALS
When it is necessary to use a firearm to euthanize a badly injured animal or stop an animal that
poses an imminent threat to human safety, the Firearms Policy shall be followed. A badly injured
animal shall only be euthanized with the approval of a supervisor.
808.10 DANGEROUS ANIMALS
In the event responding members cannot fulfill a request for service because an animal is difficult
or dangerous to handle, the Field Supervisor or Watch Commander will be contacted to determine
available resources, including requesting the assistance of animal control services from an allied
agency.
808.11 STRAY DOGS
If a stray dog has a license or can otherwise be identified, the owner should be contacted, if
possible. If the owner is contacted, the dog should be released to the owner and a citation may be
issued, if appropriate. If a dog is taken into custody, it shall be turned over to the Fresno Humane
Animal Services or transported to the appropriate animal care facility.
Members shall provide reasonable treatment to animals in their care (e.g., food, water, shelter).
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Chapter 10 - Personnel
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PolicyFresno County Sheriff's Office
1000' ' Policy Manual
Recruitment and Selection
1000.1 PURPOSE AND SCOPE
This policy provides a framework for employee recruiting efforts and identifying job-related
standards for the selection process. This policy supplements the rules that govern employment
practices for the Fresno County Sheriff's Office.
1000.2 POLICY
In accordance with applicable federal, state, and local law, the Fresno County Sheriff's Office
provides equal opportunities for applicants and employees regardless of 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 any other
classification or status protected by law. The Office does not show partiality or grant any special
status to any applicant, employee, or group of employees unless otherwise required by law.
The Office will recruit and hire only those individuals who demonstrate a commitment to service
and who possess the traits and characteristics that reflect personal integrity and high ethical
standards.
1000.3 RECRUITMENT
The Human Resources Commander should employ a comprehensive recruitment and selection
strategy to recruit and select employees from a qualified pool of candidates.
The strategy should include:
(a) Use of marketing strategies to target diverse applicant pools.
(b) Expand use of technology and maintenance of a strong Internet presence.This may
include an interactive Office website and the use of Office-managed social networking
sites, if resources permit.
(c) Expanded outreach through partnerships with media, community groups, citizen
academies, local colleges, universities and the military.
The Human Resources Commander shall avoid advertising, recruiting and screening practices
that tend to stereotype, focus on homogeneous applicant pools or screen applicants in a
discriminatory manner.
1000.4 SELECTION PROCESS
The Office shall actively strive to identify a group of candidates who have in some manner
distinguished themselves as being outstanding prospects. Minimally, the Office should employ
a comprehensive screening, background investigation, and selection process that assesses
cognitive and physical abilities and includes review and verification of the following:
(a) A comprehensive application for employment (including previous employment,
references, current and prior addresses, education, military record)
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(b) Driving record
(c) Reference checks
(d) Employment eligibility, including U.S. Citizenship and Immigration Services (USCIS)
Employment Eligibility Verification Form 1-9 and acceptable identity and employment
authorization documents consistent with Labor Code § 1019.1. This required
documentation should not be requested until a candidate is hired. This does not
prohibit obtaining documents required for other purposes.
(e) Information obtained from public internet sites
(f) Financial history consistent with the Fair Credit Reporting Act(FCRA) (15 USC§ 1681
et seq.)
(g) Local, state, and federal criminal history record checks
(h) Polygraph examination (when legally permissible) (Labor Code § 432.2)
(i) Medical and psychological examination (may only be given after a conditional offer
of employment)
1000.5 BACKGROUND INVESTIGATION
Every candidate shall undergo a thorough background investigation to verify his/her personal
integrity and high ethical standards, and to identify any past behavior that may be indicative of the
candidate's unsuitability to perform duties relevant to the operation of the Fresno County Sheriffs
Office (11 CCR 1953).
The narrative report and any other relevant background information shall be shared with the
psychological evaluator. Information shall also be shared with others involved in the hiring process
if it is relevant to their respective evaluations (11 CCR 1953).
1000.5.1 NOTICES
Background investigators shall ensure that investigations are conducted and notices provided
in accordance with the requirements of the FCRA and the California Investigative Consumer
Reporting Agencies Act (15 USC § 1681d; Civil Code § 1786.16).
1000.5.2 STATE NOTICES
If information disclosed in a candidate's criminal offender record information (CORI) is the basis
for an adverse employment decision, a copy of the CORI shall be provided to the applicant (Penal
Code § 11105).
1000.5.3 REVIEW OF SOCIAL MEDIA SITES
Due to the potential for accessing unsubstantiated, private, or protected information, the Human
Resources Commander shall not require candidates to provide passwords, account information,
or access to password-protected social media accounts (Labor Code § 980).
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The Human Resources Commander should consider utilizing the services of an appropriately
trained and experienced member to conduct open source, internet-based searches, and/or review
information from social media sites to ensure that:
(a) The legal rights of candidates are protected.
(b) Material and information to be considered are verified, accurate, and validated.
(c) The Office fully complies with applicable privacy protections and local, state, and
federal law.
The Human Resources Commander should ensure that potentially impermissible information is
not available to any person involved in the candidate selection process.
1000.5.4 DOCUMENTING AND REPORTING
The background investigator shall summarize the results of the background investigation in a
narrative report that includes sufficient information to allow the reviewing authority to decide
whether to extend a conditional offer of employment. The report shall not include any information
that is prohibited from use in making employment decisions. The report and all supporting
documentation shall be included in the candidate's background investigation file (11 CCR 1953).
1000.5.5 RECORDS RETENTION
The background report and all supporting documentation shall be maintained for a minimum of
two years and in accordance with the established records retention schedule (Government Code
§ 12946; 11 CCR 1953).
1000.5.6 BACKGROUND INVESTIGATION UPDATE
A background investigation update may, at the discretion of the Sheriff, be conducted in lieu of a
complete new background investigation on a peace officer candidate who is reappointed within
180 days of voluntary separation from the Fresno County Sheriff's Office, or who is an interim
police chief meeting the requirements contained in 11 CCR 1953(f).
1000.6 DISQUALIFICATION GUIDELINES
As a general rule, performance indicators and candidate information and records shall be
evaluated by considering the candidate as a whole, and taking into consideration the following:
• Age at the time the behavior occurred
• Passage of time
• Patterns of past behavior
• Severity of behavior
• Probable consequences if past behavior is repeated or made public
• Likelihood of recurrence
• Relevance of past behavior to public safety employment
• Aggravating and mitigating factors
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• Other relevant considerations
A candidate's qualifications will be assessed on a case-by-case basis, using a totality-of-the-
circumstances framework.
1000.7 EMPLOYMENT STANDARDS
All candidates shall meet the minimum standards required by state law(Government Code§ 1029;
Government Code § 1031; 11 CCR 1950 et seq.). Candidates will be evaluated based on merit,
ability, competence, and experience, in accordance with the high standards of integrity and ethics
valued by the Office and the community. The California Commission on Peace Officer Standards
and Training (POST) developed a Job Dimensions list, which is used as a professional standard
in background investigations.
Minimum standards shall be established for each job classification and shall minimally identify
the training, abilities, knowledge, and skills required to perform the position's essential duties
in a satisfactory manner. Each standard should include performance indicators for candidate
evaluation.
1000.7.1 STANDARDS FOR DEPUTIES
Candidates shall meet the minimum standards established by POST (Government Code § 1029;
Government Code § 1031; 11 CCR 1950 et seq.):
(a) Free of any felony convictions
(b) Citizen of the United States, or permanent resident alien eligible for and has applied
for citizenship
(c) At least 18 years of age
(d) Fingerprinted for local, state, and national fingerprint check
(e) Good moral character as determined by a thorough background investigation (11 CCR
1953)
(f) High school graduate, passed the GED or other high school equivalency test, or
obtained a two-year, four-year, or advanced degree from an accredited or approved
institution
(g) Free from any physical, emotional, or mental condition, including bias against race
or ethnicity, gender, nationality, religion, disability, or sexual orientation which might
adversely affect the exercise of police powers (11 CCR 1954; 11 CCR 1955)
(h) Candidates must also satisfy the POST selection requirements, including (11 CCR
1950 et seq.):
1. Reading and writing ability assessment (11 CCR 1951)
2. Oral interview to determine suitability for law enforcement service (11 CCR
1952)
In addition to the above minimum POST required standards, candidates may be subjected to
additional standards established by the Office (Penal Code § 13510(d)).
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1000.7.2 STANDARDS FOR DISPATCHER
Candidates shall satisfy the POST selection requirements, including (11 CCR 1956):
(a) A verbal, reasoning, memory, and perceptual abilities assessment (11 CCR 1957)
(b) An oral communication assessment (11 CCR 1958)
(c) A medical evaluation (11 CCR 1960)
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PolicyFresno County Sheriff's Office
1001' Policy Manual
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).
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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 anyjob 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
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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.
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PolicyFresno County Sheriff's Office
1002
Policy Manual
Special Assignments and Promotions
1002.1 PURPOSE AND SCOPE
The purpose of this policy is to establish guidelines for promotions and for making special
assignments within the Fresno County Sheriff's Office.
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
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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 REQUIREMENTS
Requirements and information regarding any promotional process are available at the
Fresno Department of Human Resources.
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Policy Fresno County Sheriff's Office
1003
Policy Manual
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 allegations of
discrimination or harassment subject to the Discriminatory Harassment Policy. Also outside the
category of grievances are personnel complaints regarding 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 as 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.
(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.
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(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 from the appropriate employee bargaining group.
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.
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Policy Fresno County Sheriff's Office
1004
Policy Manual
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.
• Rejection during 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.
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Anti-Retaliation
1004.4 COMPLAINTS OF RETALIATION
Any memberwho 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.
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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 of a person who has 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).
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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.
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Policy Fresno County Sheriff's Office
1005' Policy Manual
Reporting of Employee Convictions
1005.1 PURPOSE AND SCOPE
Convictions of certain offenses may restrict or prohibit an employee's ability to properly perform
official duties. Therefore, all employees shall be required to promptly notify the Office of any past
and current criminal convictions.
The Human Resources Commander or designee shall submit in a timely manner a notice to the
Commission on Peace Officer Standards and Training (POST) of any appointment, termination,
reinstatement, name change or status change regarding any peace officer, reserve peace officer,
public safety dispatcher and records supervisor employed by this office (11 CCR 1003).
The Human Resources Commander or designee shall submit in a timely manner a notice to POST
of a felony conviction or Government Code § 1029 reason that disqualifies any current peace
officer employed by this office or any former peace officer if this office was responsible for the
investigation (11 CCR 1003).
1005.2 DOMESTIC VIOLENCE CONVICTIONS, OUTSTANDING WARRANTS AND
RESTRAINING ORDERS
California and federal law prohibit individuals convicted of, or having an outstanding warrant for,
certain offenses and individuals subject to certain court orders from lawfully possessing a firearm.
Such convictions and court orders often involve allegations of the use or attempted use of force or
threatened use of a weapon on any individual in a domestic relationship (e.g., spouse, cohabitant,
parent, child) (18 USC § 922; Penal Code § 29805).
All members are responsible for ensuring that they have not been disqualified from possessing
a firearm by any such conviction or court order and shall promptly report any such conviction or
court order to a supervisor, as provided in this policy.
1005.3 OTHER CRIMINAL CONVICTIONS AND COURT ORDERS
Government Code § 1029 prohibits any person convicted of a felony from being a peace officer
in the State of California. This prohibition applies regardless of whether the guilt was established
by way of a verdict, guilty or nolo contendre plea.
Convictions of certain violations of the Vehicle Code and other provisions of law may also place
restrictions on an employee's ability to fully perform the duties of the job.
Outstanding warrants as provided in Penal Code § 29805 also place restrictions on a member's
ability to possess a firearm.
Moreover, while legal restrictions may or may not be imposed by statute or by the courts upon
conviction of any criminal offense, criminal conduct by members of this office may be inherently
in conflict with law enforcement duties and the public trust.
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Reporting of Employee Convictions
1005.4 REPORTING PROCEDURE
All members of this office and all retired members with an identification card issued by the Office
shall promptly notify their immediate supervisor (or the Sheriff in the case of retired deputies)
in writing of any past or current criminal arrest, outstanding warrant or conviction regardless of
whether or not the matter is currently on appeal and regardless of the penalty or sentence, if any.
All members and all retired deputies with an identification card issued by the Office shall further
promptly notify their immediate supervisor,Watch Commander or Human Resources Commander
in writing or verbally if the member or retiree becomes the subject of a domestic violence
restraining order or similar court order or becomes the subject of an outstanding warrant.
Any member whose criminal conviction unduly restricts or prohibits that member from fully and
properly performing his/her duties may be disciplined including, but not limited to, being placed on
administrative leave, reassignment and/or termination. Any effort to remove such disqualification
or restriction shall remain entirely the responsibility of the member on his/her own time and
expense.
Any current member failing to provide prompt written or verbal notice pursuant to this policy shall
be subject to discipline. Any retired member may be subject to a change in status from "honorably
retired" to "separated from service."
1005.5 PROCEDURE FOR RELIEF
Pursuant to Penal Code § 29855, a peace officer may petition the court for permission to carry
a firearm following a conviction under state law. Federal law, however, does not provide for any
such similar judicial relief and the granting of a state court petition under Penal Code § 29855
will not relieve one of the restrictions imposed by federal law. Therefore, relief for any employee
falling under the restrictions imposed by federal law may only be obtained by expungement of
the conviction. Each employee shall seek relief from firearm restrictions on their own time and
through their own resources.
Pursuant to Family Code § 6389(h), an individual may petition the court for an exemption to any
restraining order, which would thereafter permit the individual to carry a firearm as a part of their
employment. Relief from any domestic violence or other restriction shall also be pursued through
the employee's own resources and on the employee's own time.
Pending satisfactory proof of relief from any legal restriction imposed on an employee's duties,
the employee may be placed on administrative leave, reassigned or disciplined. The Office may,
but is not required to return an employee to any assignment, reinstate any employee or reverse
any pending or imposed discipline upon presentation of satisfactory proof of relief from any legal
restriction set forth in this policy.
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PolicyFresno County Sheriff's Office
1007
Policy Manual
Sick Leave
1007.1 PURPOSE AND SCOPE
This policy provides general guidance regarding the use and processing of sick leave.The accrual
and terms of use of sick leave for eligible employees are detailed in the County personnel manual
or applicable collective bargaining agreement.
This policy is not intended to cover all types of sick or other leaves. For example, employees may
be entitled to additional paid or unpaid leave for certain family and medical reasons as provided
for in the Family and Medical Leave Act (FMLA) (29 USC § 2601 et seq.), the California Family
Rights Act, leave for victims of crime or abuse, or for organ or bone marrow donor procedures (29
CFR 825; Government Code § 12945.2; Labor Code § 230.1; Labor Code § 1510).
1007.2 POLICY
It is the policy of the Fresno County Sheriffs Office to provide eligible employees with a sick leave
benefit.
1007.3 USE OF SICK LEAVE
Sick leave is intended to be used for qualified absences. Sick leave is not considered vacation.
Abuse of sick leave may result in discipline, denial of sick leave benefits, or both.
Employees on sick leave shall not engage in other employment or self-employment or participate
in any sport, hobby, recreational activity or other activity that may impede recovery from the injury
or illness (see Outside Employment Policy).
Qualified appointments should be scheduled during a member's non-working hours when it is
reasonable to do so.
1007.3.1 NOTIFICATION
All members should notify the Watch Commander or appropriate supervisor as soon as they are
aware that they will not be able to report to work and no less than two hours before the start of their
scheduled shifts. If, due to an emergency, a member is unable to contact the supervisor, every
effort should be made to have a representative for the member contact the supervisor (Labor
Code § 246 ).
When the necessity to be absent from work is foreseeable, such as planned medical appointments
or treatments, the member shall, whenever possible and practicable, provide the Office with no
less than 30 days' notice of the impending absence (Labor Code § 246).
Upon return to work, members shall ensure that the WorkForce Telestaff entry(ies) describing
the type of leave used is/are accurate; this would only pertain to members in a job classification
that uses WorkForce Telestaff for roster scheduling (for example, deputies, correctional officers,
communication dispatchers, etc.).
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1007.4 EXTENDED ABSENCE
Members absent from duty for more than three consecutive days may be required to furnish a
statement from a health care provider supporting the need to be absent and/or the ability to return
to work. Members on an extended absence shall, if possible, contact their supervisor at specified
intervals to provide an update on their absence and expected date of return.
1007.5 REQUIRED NOTICES
The Human Resources Commander shall ensure:
(a) Written notice of the amount of paid sick leave available is provided to employees as
provided in Labor Code § 246.
(b) A poster is displayed in a conspicuous place for employees to review that contains
information on paid sick leave as provided in Labor Code § 247.
1007.6 SUPERVISOR RESPONSIBILITIES
The responsibilities of supervisors include, but are not limited to:
(a) Monitoring and regularly reviewing the attendance of those under their command to
ensure that the use of sick leave and absences is consistent with this policy.
(b) Attempting to determine whether an absence of four or more days may qualify as
family medical leave and consulting with legal counsel or the Department of Human
Resources as appropriate.
(c) Addressing absences and sick leave use in the member's performance evaluation
when excessive or unusual use has:
1. Negatively affected the member's performance or ability to complete assigned
duties.
2. Negatively affected office operations.
(d) When appropriate, counseling members regarding excessive absences and/or
inappropriate use of sick leave.
(e) Referring eligible members to an available employee assistance program when
appropriate.
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Policy Fresno County Sheriff's Office
1009
Policy Manual
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 Sheriffs 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).
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Policy Fresno County Sheriff's Office
1010
Policy Manual
Personnel Complaints
1010.1 PURPOSE AND SCOPE
This policy provides guidelines for the reporting, investigation and disposition of complaints
regarding the conduct of members of the Fresno County Sheriff's Office. This policy shall not
apply to any questioning, counseling, instruction , informal verbal admonishment or other routine
or unplanned contact of a member in the normal course of duty, by a supervisor or any other
member, nor shall this policy apply to a criminal investigation.
1010.2 POLICY
The Fresno County Sheriff's Office takes seriously all complaints regarding the service provided
by the Office and the conduct of its members.
The Office will accept and address all complaints of misconduct in accordance with this policy and
applicable federal, state and local law, municipal and county rules and the requirements of any
collective bargaining agreements.
It is also the policy of this office to ensure that the community can report misconduct without
concern for reprisal or retaliation.
1010.3 PERSONNEL COMPLAINTS
Personnel complaints include any allegation of misconduct or improper job performance that, if
true, would constitute a violation of office policy or of federal, state or local law, policy or rule.
Personnel complaints may be generated internally or by the public.
Inquiries about conduct or performance that, if true, would not violate office policy or federal, state
or local law, policy or rule may be handled informally by a supervisor and shall not be considered
a personnel complaint. Such inquiries generally include clarification regarding policy, procedures
or the response to specific incidents by the Office.
1010.3.1 COMPLAINT CLASSIFICATIONS
Personnel complaints shall be classified in one of the following categories:
Informal - A matter in which the Watch Commander or Area Commander is satisfied that
appropriate action has been taken by a supervisor of rank greater than the accused member.
Formal - A matter in which a supervisor determines that further action is warranted. Such
complaints may be investigated by a supervisor of rank greater than the accused member
or referred to the Internal Affairs Unit, depending on the seriousness and complexity of the
investigation.
Other - A matter in which the complaining party either refuses to cooperate or becomes
unavailable after diligent follow-up investigation. At the discretion of the assigned supervisor or
the Internal Affairs Unit, such matters may be further investigated depending on the seriousness
of the complaint and the availability of sufficient information.
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1010.3.2 SOURCES OF COMPLAINTS
The following applies to the source of complaints:
(a) Individuals from the public may make complaints in any form, including in writing, by
email, in person or by telephone.
(b) Any office member becoming aware of alleged misconduct shall immediately notify
a supervisor.
(c) Supervisors shall initiate an investigation based upon observed misconduct or receipt
from any source alleging misconduct that, if true, could result in disciplinary action.
(d) Anonymous and third-party complaints should be accepted and investigated to the
extent that sufficient information is provided.
(e) Tort claims and lawsuits may generate a personnel complaint.
1010.4 AVAILABILITY AND ACCEPTANCE OF COMPLAINTS
1010.4.1 COMPLAINT FORMS
Personnel complaint forms will be provided upon request and accessible through the Office
website.
Personnel complaint forms in languages other than English may also be provided, as determined
necessary or practicable.
1010.4.2 ACCEPTANCE
All complaints will be courteously accepted by any office member and promptly given to the
appropriate supervisor. Although written complaints are preferred, a complaint may also be filed
orally, either in person or by telephone. Oral complaints will be directed to a supervisor. Written
complaints will be forwarded to the Internal Affairs Unit. If a supervisor is not immediately available
to take an oral complaint, the receiving member shall obtain contact information sufficient for the
supervisor to contact the complainant. The supervisor, upon contact with the complainant, shall
conduct an investigation and generate a Supervisor Incident Report (SIR) as appropriate.
Although not required, complainants should be encouraged to file complaints in person so that
proper identification, signatures, photographs or physical evidence may be obtained as necessary.
If requested, a complainant shall be provided with a copy of his/her statement at the time it is filed
with the Office (Penal Code § 832.7).
1010.4.3 AVAILABILITY OF WRITTEN PROCEDURES
The Office shall make available to the public a written description of the investigation procedures
for complaints (Penal Code § 832.5).
1010.5 DOCUMENTATION
Supervisors shall ensure that all formal complaints are documented on a SIR or through Internal
Affairs. The supervisor shall ensure that the nature of the complaint is defined as clearly as
possible.
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All formal complaints should be documented in the appropriate log that records and tracks
complaints.
1010.6 ADMINISTRATIVE INVESTIGATIONS
Allegations of misconduct will be administratively investigated as follows.
1010.6.1 SUPERVISOR RESPONSIBILITIES
In general, the responsibility for the investigation of a personnel complaint shall rest with
the Internal Affairs Unit or the member's immediate supervisor, unless the supervisor is the
complainant.The Sheriff or the authorized designee may direct that another supervisor investigate
any complaint.
A supervisor who becomes aware of alleged misconduct shall take reasonable steps to prevent
aggravation of the situation.
The responsibilities of supervisors include but are not limited to:
(a) Ensuring that upon receiving or initiating any formal complaint, a SIR is completed or
a citizen complaint form is provided.
(a) The original SIR will be directed to the Unit Commander of the accused member,
via the chain of command, who will take appropriate action and/or determine
who will have responsibility for the investigation.
(b) Any member receiving a citizen complaint form shall forward it to Internal Affairs
via the chain of command.
(c) In circumstances where the integrity of the investigation could be jeopardized by
reducing the complaint to writing or where the confidentiality of a complainant
is at issue, a supervisor shall orally report the matter to the member's Bureau
Commander or the Sheriff, who will initiate appropriate action.
(b) Responding to all complainants in a courteous and professional manner.
(c) Resolving those personnel complaints that can be resolved immediately.
(a) Follow-up contact with the complainant should be made within 24 hours of the
Office receiving the complaint when practicable.
(b) If the matter is resolved and no further action is required, the supervisor will
advise the Unit Commander or Watch Commander.
(d) Ensuring that upon receipt of a complaint involving allegations of a potentially serious
nature,the Watch Commander, Unit Commander and Bureau Commander are notified
as soon as practicable.
(e) Promptly contacting the Watch Commander, Unit Commander or Human Resources
Commander for direction regarding their roles in addressing a complaint that relates
to sexual, racial, ethnic or other forms of prohibited harassment or discrimination.
(f) Contact the Watch Commander or appropriate Unit Commander, who will determine
whether to forward the unresolved complainant for further investigation.
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(g) Informing the complainant of the investigator's name and the complaint number within
three days after assignment.
(h) Investigating a complaint as follows:
(a) Making reasonable efforts to obtain names, addresses and telephone numbers
of witnesses.
(b) When appropriate, ensuring immediate medical attention is provided and
photographs of alleged injuries and accessible uninjured areas are taken.
(i) Ensuring that the procedural rights of the accused member are followed (Government
Code § 3303 et seq. or Weingarten Rights).
Q) Ensuring interviews of the complainant are generally conducted during reasonable
hours.
1010.6.2 ADMINISTRATIVE INVESTIGATION PROCEDURES
Whether conducted by a supervisor or a member of the Internal Affairs Unit,the following applies to
members covered by the Public Safety Officers Procedural Bill of Rights Act(POBR)(Government
Code § 3303 or Weingarten Rights):
(a) Interviews of an accused member shall be conducted during reasonable hours and
preferably when the member is on-duty. If the member is off-duty, he/she shall be
compensated.
(b) Unless waived by the member, interviews of an accused member shall be at the
Fresno County Sheriff's Office or other reasonable and appropriate place.
(c) No more than two interviewers should ask questions of an accused member.
(d) Prior to any interview, a member shall be informed of the nature of the investigation,
the name, rank and command of the member in charge of the investigation and the
interviewing officers.
(e) All interviews shall be for a reasonable period and the member's personal needs
should be accommodated.
(f) No member should be subjected to offensive or threatening language, nor shall any
promises, rewards or other inducements be used to obtain answers.
(g) Any member refusing to answer questions directly related to the investigation may
be ordered to answer questions administratively and may be subject to discipline for
failing to do so.
1. A member should be given an order to answer questions in an administrative
investigation that might incriminate the member in a criminal matter only after
the member has been given a Lybarger advisement.Administrative investigators
should consider the impact that compelling a statement from the member
may have on any related criminal investigation and should take reasonable
steps to avoid creating any foreseeable conflicts between the two related
investigations. This may include conferring with the person in charge of the
criminal investigation (e.g., discussion of processes, timing, implications).
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2. No information or evidence administratively coerced from a member may be
provided to anyone involved in conducting the criminal investigation or to any
prosecutor.
(h) The interviewer should record all interviews of members and witnesses. An
accused member may also record the interview. If the accused member has been
previously interviewed, a copy of that recorded interview shall be provided to the
member prior to any subsequent interview.
(i) All members subjected to interviews that could result in discipline have the right to
have an uninvolved representative present during the interview. However, in order
to maintain the integrity of each individual's statement, involved members shall not
consult or meet with a representative or attorney collectively or in groups prior to being
interviewed.
Q) All members shall provide complete and truthful responses to questions posed during
interviews.
(k) No member may be requested or compelled to submit to a polygraph examination,
nor shall any refusal to submit to such examination be mentioned in any investigation
(Government Code § 3307).
No investigation shall be undertaken against any member solely because the member has been
placed on a prosecutor's Brady list or the name of the member may otherwise be subject to
disclosure pursuant to Brady v. Maryland. However, an investigation may be based on the
underlying acts or omissions for which the member has been placed on a Brady list or may
otherwise be subject to disclosure pursuant to Brady v. Maryland(Government Code § 3305.5).
1010.6.3 ADMINISTRATIVE INVESTIGATION FORMAT
Formal investigations of personnel complaints shall be thorough, complete and essentially follow
this format (if a RTB or IA investigation):
Table of Contents -A list of documents and other items included.
Summary Report -This is the main body of the investigation that includes:
Introduction - Includes the identity of the accused member(s),assigned investigators),
witnesses interviewed the initial date and source of the complaint and the alleged policy and
procedures and/or personnel rules and/or laws violated.
Synopsis - Provides a brief summary of the facts giving rise to the investigation.
Summary (Investigative Findings) - A summary of the interviews and evidence relevant to
each allegation.
Conclusion - After an investigator submits the investigation to their supervisor, a separate
recommended finding should be provided for each allegation by that supervisor. In an Internal
Affairs investigation, the investigator does not make recommended findings; the investigation
is submitted through the chain of command for disposition.
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Exhibits - A separate list of exhibits (e.g., recordings, photos, documents) should be attached to
the report.
A Supervisor Incident Report does not necessarily follow the aforementioned format, however,
the supervisor conducting the investigation needs to recommend either discipline, no discipline or
no further action, or further investigation is needed (i.e. refer to Internal Affairs).
1010.6.4 DISPOSITIONS
Each personnel complaint shall be classified with one of the following dispositions:
Unfounded-When the investigation discloses that the alleged acts did not occur or did not involve
office members.
Exonerated - When the investigation discloses that the alleged act occurred but that the act was
justified, lawful and/or proper.
Not sustained -When the investigation discloses that there is insufficient evidence to sustain the
complaint or fully exonerate the member.
Sustained -A final determination by an investigating agency, commission, board, hearing officer,
or arbitrator, as applicable, following an investigation and opportunity for an administrative appeal
pursuant to Government Code§3304 and Government Code§3304.5 that the actions of a deputy
were found to violate law or office policy (Penal Code § 832.8).
Frivolous - When the information lacks merit and there is no need for any further investigation.
If an investigation discloses misconduct or improper job performance that was not alleged in
the original complaint, the investigator shall take appropriate action with regard to any additional
allegations.
1010.6.5 COMPLETION OF INVESTIGATIONS
Every investigator or supervisor assigned to investigate a personnel complaint or other alleged
misconduct shall proceed with due diligence in an effort to complete the investigation within one
year from the date of discovery by an individual authorized to initiate an investigation (Government
Code § 3304).
In the event that an investigation cannot be completed within one year of discovery, the
assigned investigator or supervisor shall ensure that an extension or delay is warranted within the
exceptions set forth in Government Code § 3304(d) or Government Code § 3508.1.
1010.7 ADMINISTRATIVE SEARCHES
Assigned lockers, storage spaces and other areas, including desks, offices and vehicles, may be
searched as part of an administrative investigation upon a reasonable suspicion of misconduct.
Such areas may also be searched any time by a supervisor for non-investigative purposes, such
as obtaining a needed report, radio or other document or equipment.
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Lockers and storage spaces may only be administratively searched in the member's presence, or
with the member's consent, or with a valid search warrant or where the member has been given
reasonable notice that the search will take place (Government Code § 3309).
1010.7.1 DISCLOSURE OF FINANCIAL INFORMATION
An employee may be compelled to disclose personal financial information under the following
circumstances (Government Code § 3308):
(a) Pursuant to a state law or proper legal process
(b) Information exists that tends to indicate a conflict of interest with official duties
(c) If the employee is assigned to or being considered for a special assignment with a
potential for bribes or other improper inducements
1010.8 ADMINISTRATIVE LEAVE
When a complaint of misconduct is of a serious nature, or when circumstances indicate that
allowing the accused to continue to work would adversely affect the mission of the Office, the
Sheriff or the authorized designee may temporarily assign an accused employee to administrative
leave. Any employee placed on administrative leave:
(a) May be required to relinquish any office badge, identification, assigned weapons and
any other office equipment.
(b) Shall be required to continue to comply with all policies and lawful orders of a
supervisor.
(c) May be temporarily reassigned to a different shift, generally a normal business-hours
shift, during the investigation. The employee shall be required to remain available for
contact at all times during such shift, and will report as ordered.
1010.9 CRIMINAL INVESTIGATION
Where a member is accused of potential criminal conduct, a separate supervisor or investigator
shall be assigned to investigate the criminal allegations apart from any administrative investigation.
Any separate administrative investigation may parallel a criminal investigation.
The Sheriff shall be notified as soon as practicable when a member is accused of criminal conduct.
The Sheriff may request a criminal investigation by an outside law enforcement agency.
A member accused of criminal conduct shall be advised of his/her constitutional rights
(Government Code § 3303(h)). The member should not be administratively ordered to provide
any information in the criminal investigation.
The Fresno County Sheriff's Office may release information concerning the arrest or detention
of any member that has not led to a conviction. No disciplinary action should be taken until an
independent administrative investigation is conducted.
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1010.10 POST-ADMINISTRATIVE INVESTIGATION PROCEDURES
Upon completion of a formal investigation, an investigation report should be forwarded to the
Professional Standards Review Board (PSRB) through the chain of command. Each level of
command should review the report and include his/her comments in writing before forwarding the
report. The Sheriff may accept or modify any classification or recommendation for disciplinary
action.
1010.10.1 BUREAU COMMANDER RESPONSIBILITIES
Upon receipt of any completed personnel investigation, the Bureau Commander of the involved
member shall review the entire investigative file, the member's personnel file and any other
relevant materials and present to PSRB.
The Bureau Commander may make recommendations regarding the disposition of any
allegations.
Prior to forwarding recommendations to the Sheriff, the Bureau Commander may return the entire
investigation to the assigned investigator or supervisor for further investigation or action.
When forwarding any written recommendation to the Sheriff,the Bureau Commander shall include
all relevant materials supporting the recommendation. Actual copies of a member's existing
personnel file need not be provided and may be incorporated by reference.
1010.10.2 SHERIFF RESPONSIBILITIES
Upon receipt of any written recommendation for disciplinary action, the Sheriff shall review the
recommendation and all accompanying materials. The Sheriff may modify any recommendation
and/or may return the file to the Internal Affairs Unit for further investigation or action.
Once the Sheriff is satisfied that no further investigation or action is required by staff, the Sheriff
shall determine the amount of discipline, if any, that should be imposed. In the event disciplinary
action is proposed, the Sheriff shall provide the member with a pre-disciplinary procedural due
process hearing (Skelly) by providing written notice of the charges, proposed action and reasons
for the proposed action. Written notice shall be provided to peace officers within one year from the
date of discovery of the misconduct (Government Code § 3304(d)). The Sheriff shall also provide
the member with:
(a) Access to all of the materials considered by the Sheriff in recommending the proposed
discipline.
(b) An opportunity to respond orally or in writing to the Sheriff on an assigned date upon
receiving the Notice of Intended Order For Disciplinary Action.
(a) Upon a showing of good cause by the member, the Sheriff may grant a
reasonable extension of time for the member to respond.
(b) If the member elects to respond orally, the presentation may be recorded by
either party. Upon request, the member shall be provided with a copy of the
Office recording.
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Once the member has completed his/her response or if the member has elected to waive any
such response, the Sheriff shall consider all information received in regard to the recommended
discipline. The Sheriff shall render a timely written decision to the member and specify the grounds
and reasons for discipline and the effective date of the discipline. Once the Sheriff has issued a
written decision, the discipline shall become effective.
1010.10.3 NOTICE OF FINAL DISPOSITION TO THE COMPLAINANT
The Sheriff or the authorized designee shall ensure that the complainant is notified of the
disposition (i.e., sustained, not sustained, exonerated, unfounded) of the complaint (Penal Code
§ 832.7(f)).
1010.10.4 NOTICE REQUIREMENTS
The disposition of any civilian's complaint shall be released to the complaining party within 30
days of the final disposition. This release shall not include what discipline, if any, was imposed
(Penal Code § 832.7(f)).
1010.11 PRE-DISCIPLINE EMPLOYEE RESPONSE
The pre-discipline process is intended to provide the accused employee with an opportunity to
present a written or oral response to the Sheriff after having had an opportunity to review the
supporting materials and prior to imposition of any recommended discipline. The employee shall
consider the following:
(a) The response is not intended to be an adversarial or formal hearing.
(b) Although the employee may be represented by an uninvolved representative or legal
counsel, the response is not designed to accommodate the presentation of testimony
or witnesses.
(c) The employee may suggest that further investigation could be conducted or the
employee may offer any additional information or mitigating factors for the Sheriff to
consider.
(d) In the event that the Sheriff elects to cause further investigation to be conducted, the
employee shall be provided with the results prior to the imposition of any discipline.
(e) The employee may thereafter have the opportunity to further respond orally or in
writing to the Sheriff on the limited issues of information raised in any subsequent
materials.
1010.12 RESIGNATIONS/RETIREMENTS PRIOR TO DISCIPLINE
In the event that a member tenders a written resignation or notice of retirement prior to the
imposition of discipline, it shall be noted in the file. The tender of a resignation or retirement by
itself shall not serve as grounds for the termination of any pending investigation or discipline.
1010.13 POST-DISCIPLINE APPEAL RIGHTS
Non-probationary employees have the right to appeal a written reprimand, suspension without
pay, punitive transfer, demotion, reduction in pay or step, or termination from employment. The
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employee has the right to appeal using the procedures established by any collective bargaining
agreement, Memorandum of Understanding and/or personnel rules.
In the event of punitive action against an employee covered by the POBR, the appeal process
shall be in compliance with Government Code § 3304 and Government Code § 3304.5.
During any administrative appeal, evidence that a deputy has been placed on a Brady list or is
otherwise subject to Brady restrictions may not be introduced unless the underlying allegations
of misconduct have been independently established. Thereafter, such Brady evidence shall be
limited to determining the appropriateness of the penalty (Government Code § 3305.5).
1010.14 PROBATIONARY EMPLOYEES AND OTHER MEMBERS
At-will and probationary employees and those members other than non-probationary employees
may be released from employment for non-disciplinary reasons (e.g., failure to meet standards)
without adherence to the procedures set forth in this policy or any right to appeal. However,
any probationary deputy subjected to an investigation into allegations of misconduct shall be
entitled to those procedural rights, as applicable, set forth in the POBR(Government Code§3303;
Government Code § 3304).
At-will, probationary employees and those other than non-probationary employees subjected to
discipline or termination as a result of allegations of misconduct shall not be deemed to have
acquired a property interest in their position, but shall be given the opportunity to appear before
the Sheriff or authorized designee for a non-evidentiary hearing for the sole purpose of attempting
to clear their name or liberty interest. There shall be no further opportunity for appeal beyond the
liberty interest hearing and the decision of the Sheriff shall be final.
1010.15 RETENTION OF PERSONNEL INVESTIGATION FILES
All personnel complaints shall be maintained in accordance with the established records retention
schedule and as described in the Personnel Records Policy.
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1011
Policy Manual
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.
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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.
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' Policy Manual
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.
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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.
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Policy Fresno County Sheriff's Office
' Policy Manual
Employee Commendations and Awards
1014.1 PURPOSE AND SCOPE
Special recognition may be in order whenever an employee performs his/her duties in an
exemplary manner.This procedure provides general guidelines for the commending of exceptional
employee performance.
1014.2 WHO MAY MAKE COMMENDATIONS
A written commendation may be made by any supervisor regarding any other employee of the
Office, provided the reporting person is superior in rank or is the person-in-charge of the individual
being commended. Traditionally, a written commendation will be in the form of a Supervisor
Incident Report (SIR). Additionally, investigation members may commend other members of the
office for exceptional assistance in investigative functions,with approval from the Unit Commander
or executive staff member. Any employee may recommend a commendation to the supervisor of
the employee subject to commendation.
1014.3 COMMENDABLE ACTIONS
A meritorious or commendable act by an employee of this Office may include, but is not limited
to, the following:
• Superior handling of a difficult situation.
• Conspicuous bravery or outstanding performance.
• Any action or performance that is above and beyond typical duties.
1014.3.1 COMMENDATION REPORT
The Commendation Report shall be used to document the commendation of the employee and
shall contain the following:
(a) Employee name, bureau, and assignment at the date and time of the commendation.
(b) A brief account of the commendable action shall be documented on the form with report
numbers, as appropriate.
(c) Signature of the commending supervisor.
Completed reports shall be forwarded in a timely fashion, through the chain of command to the
Sheriff.The report will be signed by the Sheriff and a copy will be provided to the Human Resources
Unit for entry into the employee's personnel file.
1014.4 EMPLOYEE AWARDS
Supervisors may initiate and submit recommendations to the Sheriff, through the chain
of command to the Awards Review Board, for the presentation of appropriate medals or
commendations commensurate with performance and actions.
See attachment: Award diagram.PNC
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1014.5 AWARDS REVIEW BOARD
The Board shall consist of the following members:
(a)The Captain of the Administration Division will act as the chairman and coordinator, however,
they will be a non-voting member.
(b) One Correctional Lieutenant selected by the Sheriff.
(c) One Deputy Sheriff Lieutenant selected by the Sheriff.
(d) One Correctional Sergeant selected by Unit 37 (FSCSA).
(e) One Deputy Sheriff Sergeant selected by Unit 14 (FSSA).
(f) One Correctional Officer selected by Unit 2 (FCOA).
(g) One Deputy Sheriff selected by Unit 1 (FDSA).
(h) One non-employee selected by the Sheriff.
(i) One person selected by the Sheriff who may be either an employee or non-employee.
Q) The Office's Public Information Officer.
Those members who are selected will service for the period of two years.
The Awards Review Board will convene to review recommendations as needed, or at least once
every three months, to evaluate the ongoing program.
The Awards Review Board shall evaluate the recommendations as soon as possible, and submit
following submission and report their recommendations to the Sheriff.
1014.6 ELIGIBILITY FOR AWARDS
The following persons are eligible for awards:
(a)All employees of this Office.
(b) Reserve Deputies of this Office.
(c) Non-employee individuals shall be limited to an Official Commendation.
1014.7 CATEGORIES AND CRITERIA OF AWARDS
The following are types of Valorous Awards:
(a) Medal of Honor (Gold)
1. This is awarded for outstanding bravery above and beyond that is expected in the line
of duty, and
(a) When present danger of death to the member exists and the member had
sufficient time and knowledge of circumstances to evaluate the risk, and
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(b) When the objective is deemed of sufficient importance to justify the action taken,
and
(c) When the member accomplishes the objective or is prevented from doing so
due to disabling injury or death, and
(d) Where failure to take such action would not result in censure, or
(e) Shall be awarded posthumously when deemed appropriate.
(b) Medal of Valor (Silver)
1. This is awarded for bravery or heroism clearly above and beyond normal requirements
of duty, and
(a) Does not meet all criteria for Medal of Honor award, and
(b) When the possibility of injury is present and known to the member, and
(c) Where failure to take such action would not result in censure.
(c) Lifesaving Medal (Green)
1. This is awarded to members whose immediate actions result in the saving of human
life.
(a) The action must be personally performed by the awardee and must be confirmed
by a Physician, Emergency Medical Technician or other reliable source as the
primary life sustaining action given, and
(b) A loss of life would probably have resulted if the action had not been performed,
and
(c) When present danger of death or injury to the member exists and the officer had
sufficient time and knowledge of circumstances to evaluate the risk.
(d) Purple Heart Medal (Purple)
1. This is awarded to a Deputy Sheriff, Reserve Deputy Sheriff, Correctional Officer or
Community Service Officer who suffers injury as a result of unlawful force aimed at the
Deputy Sheriff, Correctional Officer or Community Service Officer which could have
resulted in death.
(a) This award is available only to persons in the classifications of Deputy Sheriff,
Reserve Deputy Sheriff, Correctional Officer or Community Service Officer.
(b) The Deputy Sheriff, Reserve Deputy Sheriff, Correctional Officer or Community
Service Officer must have been performing lawful duties at the time of the injury.
(e) Medal of Merit (Bronze)
1. This is awarded for exceptional acts or achievements by a member that
(a) Amounts to bravery when essential aid is rendered, or
(b) Actions of bravery in aiding or attempting to aid another when risk of personal
injury appears to be imminent.
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(f) Official Commendation
1. Provides documented offical recognition to an employee or non-employee for actions
of bravery clearly deserving of more than an oral commendation
The following are types of Achievement Awards:
(a) Distinguished Service Medal (Magenta)
1. This is awarded to an employee for exceptional performance of duty.
(a) It should be based on prolonged outstanding performance clearly above and
beyond that which is normally expected and which materially and positively
affects the mission of the Office.
(b) It should be for performance which clearly surpasses that expected for the
awarding of a Medal of Merit.
(b) Lifesaving Medal (Green)
1. This is awarded to an employee whose immediate actions result in the saving of a
human life.
(a) The action must be personally performed by the awardee and must be confirmed
by a Physician, Emergency Medial Technician or other reliable source as the
primary life sustaining action given, and
(b) A loss of life would probably have resulted if the action had not been performed.
(c) Medal of Merit (Bronze)
1. This is awarded for exceptional acts or achievements by an employee resulting in
(a) Accomplishments that achieves goals beyond normal expectations under the
circumstances, and
(b) Directly benefits the mission of this Office.
(d) Official Commendation
1. This is awarded to provide official recognition to an employee or non-employee for
performance of actions clearly deserving of more than an oral commendation.
1014.8 OFFICE PRESENTATION PROCEDURES
The following are the presentation procedures for commendations and awards:
(a) Medal awards shall be presented in a public ceremony with news media coverage, and
(b) Shall be presented by the Sheriff or, in his/her absence, by the Undersheriff, and
(c)The circumstances of the action leading to the award shall be documented and become a part
of the employee's personnel record, and
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(d) A photograph of the employee and award citation shall be placed in a place designated for
that purpose to remain with other honored employees as a permanent visual record of honorees.
(e) Official Commendations shall be presented by the Sheriff or, in his/her absence, by an
executive staff officer of the Office, and
(f) A duplicate of the official commendation shall become a part of the employee's personnel
record.
(g) The Official Commendation may be presented without the ceremony prescribed for
presentation of medal awards.
(h) The responsibility for implementation of the requirements of subsections (a) - (g) above shall
be vested with the Captain of the Administrative Division.
1014.9 AWARDS FOR NON-EMPLOYEES
The Awards Review Board will accept and consider all requests and recommendations for all non-
office award nominations. The Board shall submit to the Sheriff all eligible candidates for his/her
review. Receipt of these types of awards may be in addition to any Office authorized awards.
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PolicyFresno County Sheriff's Office
1015
Policy Manual
Fitness for Duty
1015.1 PURPOSE AND SCOPE
All office members are required to be free from any physical, emotional, or mental condition which
might adversely affect the exercise of the essential functions of their classification. The purpose
of this policy is to ensure that all members of this office remain fit for duty and able to perform
their job functions (Government Code § 1031).
See Fresno County Personnel Rule 8 for further information about medical examinations:
CountyPersonnelRule&pdf
1015.2 EMPLOYEE RESPONSIBILITIES
(a) It shall be the responsibility of each member of this office to maintain the ability to
safely and properly perform essential duties of their position.
(b) During working hours, all employees are required to be alert, attentive, and capable
of performing his/her assigned responsibilities.
(c) Any employee who feels unable to perform his/her duties shall promptly notify a
supervisor.
(d) In the event that an employee believes that another employee is unable to perform his/
her duties, such observations and/or belief shall be promptly reported to a supervisor.
1015.3 SUPERVISOR RESPONSIBILITIES
A supervisor observing an employee, or receiving a report of an employee who is perceived to
be unable to safely perform his/her duties due to a physical or mental condition shall take prompt
action in an effort to resolve the situation.
(a) The supervisor should attempt to ascertain the reason or source of the problem and
in all cases a preliminary evaluation should be made in an effort to determine the level
of inability of the employee to perform his/her duties.
(b) In the event the employee appears to be in need of immediate health care, all
reasonable efforts should be made to provide such care.
(c) In conjunction with the Watch Commander or any member of command staff, a
determination should be made whether or not the employee should be temporarily
relieved from his/her duties. If there is any concern regarding the safety of the
employee,the public, or any member of the Office,the employee shall be relieved from
duty and placed on temporary paid administrative leave until an official determination
can be made.
(d) The Sheriff shall be notified in the event that any employee is relieved from duty.
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1015.4 NON-WORK RELATED CONDITIONS
Any employee suffering from a non-work related condition which warrants a temporary relief from
duty may be required to use sick leave or other paid time off (PTO) in order to obtain medical
treatment or other reasonable rest period.
1015.5 WORK RELATED LEAVE
Any employee suffering from a work related condition which warrants a temporary relief from duty
shall be required to comply with personnel rules and guidelines for processing such claims.
Upon the recommendation of the unit supervisor and in concurrence with the Watch Commander
and/or Bureau Commander, any employee whose actions, use of force, in an official capacity
contribute to or result in death or serious injury to another may be temporarily removed from
regularly assigned duties and/or placed on paid administrative leave for the wellbeing of the
employee and until such time as the following may be completed:
(a) A preliminary determination that the employee's conduct appears to be in compliance
with policy and, if appropriate.
(b) The employee has had the opportunity to receive necessary counseling and/or
psychological clearance to return to full duty and has provided such proof to the
Sheriffs Human Resources.
1015.6 PHYSICAL AND PSYCHOLOGICAL EXAMINATIONS
(a) Whenever circumstances reasonably indicate suspicion that an employee is unfit for
duty, the Sheriff may request the County Human Resources Department to serve that
employee with a written order to undergo a physical and/or psychological examination
to determine the level of the employee's fitness for duty. The employee will be
reassigned or placed on paid administrative leave during this time.
(b) The examining physician or therapist will provide the County Human
Resources Department with a report indicating that the employee is either fit for duty or,
if not, listing any functional limitations which limit the employee's ability to perform job
duties (Civil Code § 56.10 (c)(8)(A)). If the employee places his/her condition at issue
in any subsequent or related administrative action/grievance, the examining physician
or therapist may be required to disclose any and all information which is relevant to
such proceeding (Civil Code § 56.10(c)(8)(13)).
(c) In order to facilitate the examination of any employee, the County will provide all
appropriate documents and available information to assist in the evaluation and/or
treatment.
(d) All reports and evaluations submitted by the treating physician or therapist shall be
retained as part of the employee's confidential County personnel file.
(e) Any employee ordered to receive a fitness for duty examination shall comply with the
County Personnel Rules, terms of the order and cooperate fully with the examining
physician or therapist regarding any clinical interview, tests administered or other
procedures as directed. Barring a successful appeal, any failure to comply with such
an order and any failure to cooperate with the examining physician or therapist may
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Fitness for Duty
be deemed insubordination and shall be subject to discipline up to and including
termination.
(f) If, after the compulsory exam, it is determined that the employee does meet the
medical standards for the position, the employee will be notified by the Sheriff 's
Human Resources Unit to resume his/her duties.
(g) If, after the compulsory medical exam, it is determined that the employee does not
meet the medical standards for the position, the employee may be reassigned, placed
on compulsory leave (the employee shall not be paid his or her regular salary but shall
be entitled to use accumulated vacation, sick or annual leave before being placed on
leave without pay), dismissed, or be subject to the other appropriate action such as
submission of an application for retirement on behalf of the employee.
1015.7 APPEALS
An employee ordered to undergo a compulsory medical examination shall be entitled to appeal
such order to the Civil Service Commission pursuant to County Personnel Rule 1041.1. The
purpose of such a hearing is to determine whether the Department Head and the Director of County
Human Resources complied with the procedural requirements for such an order and whether there
was a reasonable basis for concluding that the employee is unfit for duty.
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Policy Fresno County Sheriff's Office
' • Policy Manual
Meal Periods and Breaks
1016.1 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.
1016.1.1 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.
1016.1.2 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.
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' Policy Manual
Lactation Break Policy
1017.1 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 (Labor Code § 1034).
1017.2 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 her nursing infant child (29 USC § 207; Labor Code § 1030).
1017.3 LACTATION BREAK TIME
A rest period should be permitted each time the employee has the need to express breast milk(29
USC § 207; Labor Code § 1030). 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.
1017.4 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; 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.
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1017.5 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 her shift.
1017.5.1 STATE REQUIREMENTS
Employees have the right to request lactation accommodations. If a break time or location
accommodation cannot be provided, the supervisor shall provide the member with a written
response regarding the reasons for the determination (Labor Code § 1034).
Lactation rooms or other locations should comply with the prescribed feature and access
requirements of Labor Code § 1031.
Employees who believe that their rights have been violated under this policy or have been the
subject of discrimination or retaliation for exercising or attempting to exercise their rights under
this policy, are encouraged to follow the chain of command in reporting a violation, but may also
file a complaint directly with the Labor Commissioner (Labor Code § 1033).
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PolicyFresno County Sheriff's Office
' •• Policy Manual
Payroll Records
1018.1 PURPOSE AND SCOPE
Payroll records are submitted to the Business Office on a bi-weekly basis for the payment of
wages.
1018.1.1 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.
1018.1.2 TIME REQUIREMENTS
When there is a holiday, revised payroll deadlines will be emailed requesting timesheets to be
submitted earlier to meet County payroll deadlines.
1018.2 RECORDS
The Administrative Services Bureau Commander shall ensure that accurate and timely payroll
records are maintained as required by 29 CFR 516.2 for a minimum of three years(29 CFR 516.5).
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PolicyFresno County Sheriff's Office
' Policy Manual
Overtime Compensation Requests
1019.1 PURPOSE AND SCOPE
It is the policy of the Office to compensate non-exempt (non-FLSA exempt) salaried employees
who work authorized overtime either by payment of wages as agreed and in effect through the
Memorandum of Understanding (MOU), or by the allowance of accrual of compensatory time off.
1019.1.1 OFFICE POLICY
Because of the nature of police work, and the specific needs of the Office, a degree of flexibility
concerning overtime policies must be maintained.
Non-exempt employees are not authorized to volunteer work time to the Office. All requests to
work overtime shall be approved in advance by a supervisor. If circumstances do not permit prior
approval, then approval shall be sought as soon as practical during the overtime shift and in no
case later than the end of shift in which the overtime is worked.
The individual employee may request compensatory time in lieu of receiving overtime payment,
however, the employee may not exceed the hours of compensatory time allowed in accordance
with the applicable bargaining agreement.
1019.2 REQUEST FOR OVERTIME COMPENSATION
1019.2.1 SUPERVISORS RESPONSIBILITY
The supervisor who verifies the overtime earned shall verify that the overtime was worked.
1019.3 ACCOUNTING FOR OVERTIME WORKED
Employees are to record the actual time worked in an overtime status. In some cases, the
Memorandum of Understanding provides that a minimum number of hours will be paid, (e.g., two
hours for Court, two hours for call-back). The supervisor will enter the actual time worked.
1019.3.1 ACCOUNTING FOR PORTIONS OF AN HOUR
When accounting for less than a full hour, time worked shall be rounded up to the nearest tenth of
an hour as indicated by the time card computation chart. See attachment:Time Card Computation
Chart.pdf
1019.3.2 VARIATION IN TIME REPORTED
Where two or more employees are assigned to the same activity, case, or court trial and the
amount of time for which payment is requested varies from that reported by the other deputy, the
approving supervisor may require each employee to include the reason for the variation of the
overtime payment hours in the note or comments section of the request.
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PolicyFresno County Sheriff's Office
1020
Policy Manual
Outside Employment
1020.1 PURPOSE AND SCOPE
In order to avoid actual or perceived conflicts of interest for office employees engaging in outside
employment, all employees shall obtain written approval from the Sheriff prior to engaging in any
outside employment. Approval of outside employment shall be at the discretion of the Sheriff in
accordance with the provisions of this policy.
1020.1.1 DEFINITIONS
Outside Employment - Any member of this office who receives wages, compensation or other
consideration of value from another employer, organization or individual not affiliated directly with
this office for services, product(s)or benefits rendered. For purposes of this section, the definition
of outside employment includes those employees who are self-employed and not affiliated directly
with this office for services, product(s) or benefits rendered.
1020.2 OBTAINING APPROVAL
No member of this office may engage in any outside employment without first obtaining prior
written approval of the Sheriff. Failure to obtain prior written approval for outside employment or
engaging in outside employment prohibited by this policy may lead to disciplinary action.
In order to obtain approval for outside employment, the employee must complete an Outside
Employment Application which shall be submitted to the employee's immediate supervisor. The
application will then be forwarded through channels to the Sheriff for consideration.
If approved, the employee will be provided with a copy of the approved permit. Unless otherwise
indicated in writing on the approved permit, a permit will be valid until terminated by the employee
or revoked by the Sheriff. Any employee seeking to renew a permit shall submit a new Outside
Employment Application in a timely manner.
Any employee seeking approval of outside employment, whose request has been denied, shall
be provided with a written reason for the denial of the application at the time of the denial (Penal
Code § 70(e)(3)).
1020.2.1 REVOCATION/SUSPENSION OF OUTSIDE EMPLOYMENT PERMITS
Any outside employment permit may be revoked or suspended under the following circumstances:
(a) Should an employee's performance at this office decline to a point where it is evaluated
by a supervisor as needing improvement to reach an overall level of competency,
the Sheriff may, at his or her discretion, revoke any previously approved outside
employment permit(s). That revocation will stand until the employee's performance
has been reestablished at a satisfactory level and his/her supervisor recommends
reinstatement of the outside employment permit at which time the employee may re-
apply for outside employment
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(b) Suspension or revocation of a previously approved outside employment permit may
be included as a term or condition of sustained discipline
(c) If, at any time during the term of a valid outside employment permit, an employee's
conduct or outside employment conflicts with the provisions of office policy, the permit
may be suspended or revoked
(d) When an employee is unable to perform at a full duty capacity due to an injury or
other condition, any previously approved outside employment permit may be subject
to similar restrictions as those applicable to the employee's full time duties until the
employee has returned to a full duty status
1020.3 PROHIBITED OUTSIDE EMPLOYMENT
Consistent with the provisions of Government Code § 1126, the Office expressly reserves the
right to deny any Outside Employment Application submitted by an employee seeking to engage
in any activity which:
(a) Involves the employee's use of official time, facilities, equipment or supplies, the use
of the Office badge, uniform, prestige or influence for private gain or advantage
(b) Involves the employee's receipt or acceptance of any money or other consideration
from anyone other than this office for the performance of an act which the employee, if
not performing such act,would be required or expected to render in the regular course
or hours of employment or as a part of the employee's duties as a member of this office
(c) Involves the performance of an act in other than the employee's capacity as a member
of this office that may later be subject directly or indirectly to the control, inspection,
review, audit or enforcement of any other employee of this office
(d) Involves time demands that would render performance of the employee's duties for
this office less efficient
1020.3.1 OUTSIDE SECURITY AND PEACE OFFICER EMPLOYMENT
Consistent with the provisions of Penal Code§ 70, and because it would further create a potential
conflict of interest, no member of this office may engage in any outside or secondary employment
as a private security guard, private investigator or other similar private security position.
1020.4 OFFICE RESOURCES
Employees are prohibited from using any office equipment or resources in the course of or for the
benefit of any outside employment. This shall include the prohibition of access to official records
or databases of this office or other agencies through the use of the employee's position with this
office.
1020.4.1 REVIEW OF FINANCIAL RECORDS
Employees approved for outside employment expressly agree that their personal financial records
may be requested and reviewed/audited for potential conflict of interest(Government Code§3308;
Government Code§ 1126). Prior to providing written approval for an outside employment position,
the Office may request that an employee provide his/her personal financial records for review/
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Outside Employment
audit in order to determine whether a conflict of interest exists. Failure of the employee to provide
the requested personal financial records could result in denial of the off-duty work permit. If, after
approving a request for an outside employment position, the Office becomes concerned that a
conflict of interest exists based on a financial reason, the Office may request that the employee
provide his/her personal financial records for review/audit. If the employee elects not to provide
the requested records, his/her off-duty work permit may be revoked pursuant to the Revocation/
Suspension of Outside Employment Permits section of this policy.
1020.5 CHANGES IN OUTSIDE EMPLOYMENT STATUS
If an employee terminates his or her outside employment during the period of a valid permit,
the employee shall promptly submit written notification of such termination to the Sheriff through
channels. Any subsequent request for renewal or continued outside employment must thereafter
be processed and approved through normal procedures set forth in this policy.
Employees shall also promptly submit in writing to the Sheriff any material changes in outside
employment including any change in the number of hours, type of duties, or demands of any
approved outside employment. Employees who are uncertain whether a change in outside
employment is material are advised to report the change.
1020.6 OUTSIDE EMPLOYMENT WHILE ON DISABILITY
Office members engaged in outside employment who are placed on disability leave or modified/
light-duty shall inform the Human Resources Commander in writing within five days whether or not
they intend to continue to engage in such outside employment while on such leave or light-duty
status. The Human Resources Commander shall review the duties of the outside employment
along with any related doctor's orders, and make a recommendation to the Sheriff whether such
outside employment should continue.
In the event the Sheriff determines that the outside employment should be discontinued or if
the employee fails to promptly notify the Human Resources Commander of his/her intentions
regarding their work permit, a notice of revocation of the member's permit will be forwarded to the
involved employee, and a copy attached to the original work permit.
Criteria for revoking the outside employment permit include, but are not limited to, the following:
(a) The outside employment is medically detrimental to the total recovery of the disabled
member, as indicated by the County's professional medical advisors.
(b) The outside employment performed requires the same or similar physical ability, as
would be required of an on-duty member.
(c) The employee's failure to make timely notice of their intentions to the Human
Resources Commander.
When the member returns to full duty with the Fresno County Sheriff's Office, a request(in writing)
may be made to the Sheriff to restore the permit.
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PolicyFresno County Sheriff's Office
' Policy Manual
Occupational Disease and Work-Related Injury
Reporting
1021.1 PURPOSE AND SCOPE
The purpose of this policy is to provide guidance regarding the timely reporting of occupational
diseases, mental health issues, and work-related injuries.
1021.1.1 DEFINITIONS
Definitions related to this policy include:
Occupational disease or work-related injury-An injury, disease, or mental health issue arising
out of employment (Labor Code § 3208; Labor Code § 3208.3; Labor Code § 3212 et seq.).
1021.2 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.).
1021.3 RESPONSIBILITIES
1021.3.1 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's Human Resources Unit,
and shall seek medical care when appropriate (8 CCR 14300.35).
1021.3.2 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.
1021.4 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.
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Occupational Disease and Work-Related Injury Reporting
1021.5 SETTLEMENT OFFERS
When a member sustains an occupational disease orwork-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.
1021.5.1 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.
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PolicyFresno County Sheriff's Office
' Policy Manual
Uniform Regulations
1023.1 PURPOSE AND SCOPE
The uniform policy of the Fresno County Sheriff's Office is established to ensure that uniformed
deputies will be readily identifiable to the public through the proper use and wearing of office
uniforms. Employees should also refer to the following associated policies:
Office Owned and Personal Property
Body Armor
Personal Appearance Standards
The Uniform and Equipment Specifications maintained and periodically updated by the Sheriff or
his/her designee. That manual should be consulted regarding authorized equipment and uniform
specifications.
1023.2 WEARING AND CONDITION OF UNIFORM AND EQUIPMENT
Sheriff members wear the uniform to be identified as the law enforcement authority in society. The
uniform also serves an equally important purpose to identify the wearer as a source of assistance
in an emergency, crisis or other time of need.
A. Uniform
1. Uniform and equipment shall be maintained in a serviceable condition and shall
be ready at all times for immediate use. Uniforms shall be neat, clean, and
appear professionally pressed.
2. All uniformed members of this office shall possess and maintain at all times, a
serviceable uniform and the necessary equipment to perform uniformed duty.
3. Personnel shall wear only the uniform specified for their rank and assignment.
4. The uniform is to be worn in compliance with the specifications set forth in the
office's uniform specifications that are maintained separately from this policy.
5. All supervisors will perform periodic inspections of their personnel to ensure
conformance to these regulations.
6. Civilian attire shall not be worn in combination with any distinguishable part of
the uniform.
7. Uniforms are only to be worn while on duty, while in transit to or from work, for
court, or at other official office functions or events.
8. If the uniform is worn while in transit, driving a personally owned vehicle, an
outer garment shall be worn over the uniform shirt.
9. Employees are not to purchase or drink alcoholic beverages while wearing any
part of the office uniform, including the uniform pants.
10. Visible jewelry, other than those items listed below, shall not be worn with the
uniform unless specifically authorized by the Sheriff or the authorized designee.
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Uniform Regulations
(a) Wrist watch
(b) Wedding ring(s), class ring, or other ring of tasteful design. A maximum of
one ring/set may be worn on each hand
(c) Medical alert bracelet
1023.2.1 OFFICE ISSUED IDENTIFICATION
The Office issues each member an official office identification card bearing the employee's name,
identifying information and photo likeness.All members shall be in possession of their office issued
identification card at all times while on duty or when carrying a concealed weapon.
1. Whenever on-duty or acting in an official capacity representing the Office, members
shall display their office issued identification in a courteous manner to any person upon
request and as soon as practical.
2. Members working specialized assignments may be excused from the possession and
display requirements when directed by their Bureau Commander.
1023.3 UNIFORM CLASSES
1023.3.1 CLASS A UNIFORM
The Class A uniform is to be worn on special occasions such as funerals,graduations,ceremonies,
or as directed. The Class A uniform is required for all sworn personnel. The Class A uniform
includes:
A. SHIRT
1. Long sleeve, silver tan shirt, plain pockets with scalloped flaps and hook-and-
loop closures, military creases, reinforced elbows.
(a) Flying Cross#Fechheimer(females), silver tan#103W6604(males), silver
tan #19W6604.
(b) Elbeco, DutyMax West Coast Shirt #572 (males), #9572 (females), silver
tan.
2. Shoulder Patches
(a) The "Fresno County Sheriff" shoulder patches shall be worn on both
sleeves of the shirt. The shoulder patch will be sewn onto the sleeve, 1/2'
below and centered on the shoulder seam.
3. Rank Insignia (as applicable)
(a) Chevrons: the chevron patch shall be centered on the sleeve of the shirt,
with the top of the chevron '/2" below the "Fresno County Sheriff" shoulder
patch.
(b) Gold bars: Lieutenants shall wear a single gold bar centered on the front
edge of the collar of the uniform shirt. Captains shall wear double gold
bars on the front edge of each collar.
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Uniform Regulations
(c) Stars: The Sheriff shall wear four(4)stars on the front edge of each collar;
the Undersheriff shall wear three (3) stars, and Assistant Sheriffs shall
wear two (2) stars.
B. BADGE
1. Badges will be worn attached to the shirt badge holder. At appropriate
ceremonies and during appropriate periods, a black mourning band shall be
worn across the badge, from upper left to lower right (as worn). The black
mourning bands shall be worn from the time of death until sunset on the day
of the service.
C. NAMEPLATE
1. All uniformed personnel shall wear their nameplate. The nameplate shall be a
standard nameplate with first initial and last name only. It shall be worn centered
directly above the right uniform shirt pocket. The bottom of the nameplate shall
be just touching - or even with - the most upper seam of the pocket.
D. TIE
1. The necktie shall be poly/wool 75/25, quick-release style. The tie shall not
exceed 3" at the widest point and may have an optional buttonhole to fasten to
a shirt button.
(a) Samuel Broome, #45015 (males), #45055 (females), forestry green.
E. TIE HOLDER
1. The tie holder shall be the bar type. It shall be plain gold with level construction,
approximately 5/16" wide, and its length compatible with the width of the tie.
The bar shall not have any designs or symbols. It shall be attached between
the bottom of the pocket flap and the bottom of the shirt pocket, affixed to the
shirt facing.
F. TROUSERS
1. Green, poly/wool 55/45, straight side pockets, flashlight pockets, two back
pockets with button tab on left, French fly.
2. Elbeco, Prestige West Coast (LA Sheriff), #E8149 (males), #E8150 (females),
California green.
3. Fechheimer/Flying Cross, #32218 (males), #35218 (females), forest green.
4. United Uniform Manufacturers, Inc. #10110 (males) #W10110 (females), forest
green.
5. For maternity use, Class A Uniform trousers may be required with expandable
front panels by the Bureau Commander in certain uniform assignments.
G. BELT
1. Issued with the leather gear. Shall be worn only with a holster/gun, magazine
pouch and handcuff case.
H. FOOTWEAR
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1. Must be boots or shoes, solid black in color, solid plain toe with no seams or
decorative stitching. Footwear must be polished and in good condition.
2. No cowboy-type boots, lace-to-toe boots, military-type boots, canvas tops, or
athletic shoes.
3. Socks in normal standing or sitting position, visible portion of socks shall be
black in color. No ornamentation.
I. OPTIONAL
1. SERVICE STRIPES-One gold stripe may be worn for each five (5) years
of employment with the Sheriff's Office within the employee's current job
classification. Service stripes do not carry over to a new uniform classification.
The service stripe may be worn six (6) months prior to the five year period
represented, if the wearer so desires. The stripe shall be worn on the left sleeve
of the long sleeve shirt with the lowest point, approximately 3/4' above the cuff
seam.
J. UNDERSHIRTS
1. An undershirt may be worn beneath the uniform shirt.
2. Turtlenecks may not be worn with the Class A shirt.
K. JACKET
1. A jacket may be worn by Sheriff's Office personnel during special ceremonies,
as directed by the Sheriff. Examples include, but are not limited to: award
ceremonies, swearing-in ceremonies, memorial services, funeral services, and
special functions attended while in uniform that are of dress attire status. Single
breasted dress coat, 55/45 poly wool, four button front, 7/8" diameter buttons
on front panel; 5/8" diameter buttons on pocket flaps and epaulets. Two top
rounded corner pockets with scalloped flaps and two lower false pockets with
scalloped flaps.
2. United Uniform Manufacturers, Inc., #10601, forest green. Piping: Gold Rice
#7100 piping, 1/2", Color 96.
3. Shoulder Patches -The "Fresno County Sheriff" shoulder patches shall be worn
on both sleeves of the jacket. The shoulder patch will be sewn onto the sleeve,
1/2' below and centered on the shoulder seam.
4. Rank Insignia-Command staff(Lieutenants to Sheriff)shall wear the appropriate
gold bars or stars identifying their rank, centered on the epaulets of the jacket.
Use of the jacket by personnel including Correctional Officer IV, Deputy IV, or
Sergeant shall not utilize rank stripes on the sleeves of the jackets.
5. Piping -Gold 1/2' diameter piping shall be worn on the outer half of the jacket
sleeves, from seam to seam. The first stripe piping shall be sewn starting 3"
above the end of the sleeve of the jacket, with 1/4" separation between each
stripe.
(a) Four (4) stripe piping for the Sheriff.
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(b) Three (3) stripe piping for Executive Staff.
(c) Two (2) stripe piping for Lieutenants.
(d) One (1) stripe piping for Sergeants.
(e) No (0) sleeve piping for Correctional Officers or Deputies.
6. Badge
(a) The issued uniform badge shall be worn attached to the badge holder on
the left breast area of the jacket. At appropriate ceremonies and during
appropriate periods, a black mourning band shall be worn across the
badge, from upper left to lower right (as worn). The black mourning bands
shall be worn from the time of death until sunset on the day of the service.
7. Nameplate
(a) The issued gold nameplate shall be worn centered directly above the right
jacket breast pocket. The bottom of the nameplate shall be just touching
- or even with - the most upper seam of the pocket. The nameplate shall
be an authorized standard nameplate, with first initial and last name only.
8. Service Stripes-Shall NOT be worn on the jacket (all ranks).
9. Achievement and Unit Pins Shall NOT be worn on the jacket (all ranks).
L. SERVICE AWARDS (MEDALS)
1. All Service Award Replicas (Pins) may be worn on the left breast pocket flap
of the uniform shirt, or the jacket, below the badge. If only one medal replica is
worn, it shall be centered on the pocket flap, 1" below the top seam, to the top
of the device.lf more than one replica is worn (maximum of three), they shall be
equally centered on the pocket flap, 1" below the top seam to the tope of the
device. The highest award shall be worn closest to the body center(heart), with
all other awards to the left, in descending order.
2. While wearing the Class A Uniform with the Class A Jacket, the wearing of an
issued weapon shall require it to be concealed under the jacket in a close-fitting
holster,or concealed in a leg holster.No bulky holsters, gun belts, radios, batons,
etc., shall be worn under or over the jacket.
M. HEADGEAR
1. May be worn by Sheriff's Office personnel during special ceremonies, at the
direction of the Sheriff, in conjunction with the Class A Uniform Jacket. 5-Star
cap, green,with 5/8"gold buttons embossed with the California State Seal. Clear
plastic hat protector must be available to wear during inclement weather.
(a) Midway Cap Company; 5 Star Cap, 55/45 elastique poly/wool blend,
green.
2. Executive staff (Captains and above in rank):
(a) Cap Strap— MF-50 metal, floral pattern, gold.
(b) Visor— No. 19 "short" (2"), black, felt, gold bullion (metal acorns).
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3. Lieutenants, Sergeants, Correctional Officers, Deputies, Community Service
Officers:
(a) Cap Strap— EM-48 Metal Expansion, gold.
(b) Visor— No. CPO "short" (2"), black, glossy.
N. GLOVES
1. If worn, shall be white cloth, with no excessive or unusual decorative design
stitching or trim.
O. PROTECTIVE VEST
1. The protective vest is not required for a Class A uniform.
P. MATERNITY SMOCK
1. A maternity smock may be required by the Bureau Commander, in lieu of the
standard uniform shirt, for females in certain uniform assignments.
(a) The maternity uniform shirt shall have an even hem and may be expanded
as necessary by side panels inserted in the side seams of the shirt.
Manufacture printing shall not be allowed to show outside of the uniform
shirt.
(b) Maternity uniform trousers may have an expandable front panel sewn
into the front zippered portion of the trousers and/or elastic or adjustable
fasteners may be sewn into the waist area. The front panel shall be the
same color as the uniform pants.
(c) The maternity uniform shirts shall be worn outside of the trousers and be
long enough to completely cover the front panel of the maternity uniform
pants and any added elastic or fasteners.
(d) Staff members wearing the maternity uniform shall not be required to wear
the uniform belt.
Q. SKIRTS (female)-WITH PERMISSION
1. A green poly/wool skirt may only be worn with the permission of the Bureau
Commander and shall be either a six gore skirt or a four gore skirt. The skirt
length shall range no more than 2" above the mid line of the knee to 2" below
the mid line of the knee.
(a) United Uniforms, poly/wool, forest green.
2. For maternity use, a skirt may be required with expandable front panels by the
Bureau Commander in certain uniform assignments.
1023.3.2 CLASS A HONOR GUARD
Shall be worn during special ceremonies, by Honor Guard members, at the direction of the Sheriff
A. COAT
1. Fechheimer - Custom Fresno Sheriff's Office High Collar Coat with gold
piping.Polyester/Wool fabric forest green color. Shoulder cording shall be gold,
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and worn with the right arm through the cord with the cord attached to the
coat's right epaulet. The coat buttons have a polished brass color.When worn,
all buttons shall be buttoned.Each button displays a letter"S" in an Old English
font inside a ceremonial wreath.The coat shall not be worn during normal patrol/
duty shifts.
2. Shoulder Patches -The"Fresno County Sheriff" shoulder patches shall be worn
on both sleeves of the coat. The patch is custom for honor guard depicting a
black background behind the common gold stitching of"Fresno County Sheriff'
and the gold sheriff's star with brown bear inside the star. Shoulder patch will be
sewn onto the sleeve, 1/2' below and centered on the shoulder seam.
3. Rank Insignia — Ranking pins of gold color will be worn on the collar. Only the
ranks of sergeant or higher will wear ranking collar pins.
4. Collar Pins — Custom Circular pins depicting a small Fresno County Sheriff's
badge inside a round border with writing that reads "the seal of the Sheriff of
Fresno County" along with "Honor Guard". This pin is worn by all ranks below
sergeant.
5. Rifle Pin — Gold colored pin consisting of two rifles in a crossed position atop
a ceremonial wreath. This pin shall be worn centered above the right breast
pocket. The pins center shall align with the button of the pocket. Each toe of
the rifle's butt shall be 1/4 of an inch above the seam that attaches the pocket
flap to the coat.
B. TROUSERS
1. Poly/wool 55/45, two front and back pockets with button tab on left back pocket,
French fly.C.D.C. style Black and Gold piping on pant legs.
2. Fechheimer/Flying Cross, C.D.C. PO# 147743/Stlye 32275 forest green.
C. BELT/SHOULDER STRAP/HOLSTER
1. High Gloss black leather belt and shoulder strap (Sam Brown)with gold colored
buckles and gold colored trigger clips. High Gloss gun holster with single gold
button.Holster will accommodate current duty handgun.
D. BADGE
1. Assigned Honor Guard Badges will be worn attached to the jacket badge holder.
At appropriate ceremonies and during appropriate periods, a black mourning
band shall be worn across the badge, from upper left to lower right (as worn).
The black mourning bands shall be worn from the time of death until sunset on
the day of the service.
E. GLOVES
1. Shall be white in color and made of cotton with dotted or smooth palms. White
gloves made of leather may be used with sergeant approval.
F. HEADGEAR
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1. Traditional, four-dent style, felt, campaign hat. Flat 3" brim, single-vent eyelet
located on sides and back, badge eyelet on front. Black leather three-piece chin
strap (worn to the rear), and issued hat badge. The original shape of the hat
shall not be altered. Clear plastic hat protector must be available to wear during
inclement weather.
2. Stratton, Campaign/MP #F40, Conservation green with olive drab (OD) band,
black/gold/black cord with gold acorns.
G. FOOTWEAR
1. Poromeric Upper Chukka boot shall be solid black in color, high gloss, solid plain
toe with no seams or decorative stitching. Socks shall be solid black in color,
no ornamentation.
H. UNDER SHIRT
1. Solid black long or short sleeved crew neck style shirt to be worn under the coat.
Shirt shall be made of material suitable for keeping the coat dry from perspiration.
1023.3.3 CLASS A HONOR GUARD - BAGPIPER
Shall be worn during special ceremonies, by Honor Guard members, at the direction of the Sheriff.
A. COAT
1. J. Higgins - Custom Fresno Sheriff's Office High Collar Military Doublet with
gold piping and plain collar. Polyester/Wool fabric forest green color. The coat
buttons have a polished brass color. When worn, all buttons shall be buttoned.
Each button displays a letter "S" in an Old English font inside a ceremonial
wreath. The coat shall not be worn during normal patrol/duty shifts.
2. Shoulder Patches -The"Fresno County Sheriff" shoulder patches shall be worn
on both sleeves of the coat. The patch is custom for Honor Guard depicting a
black background behind the common gold stitching of"Fresno County Sheriff'
and the gold Sheriff's star with brown bear inside the star. Shoulder patch will
be sewn onto the sleeve, 1/2' below and centered on the shoulder seam.
3. Rank Insignia — Ranking pins of gold color will be worn on the collar. Only the
ranks of sergeant or higher will wear ranking collar pins.
4. Collar Pins — Custom Circular pins depicting a small Fresno County Sheriff's
badge inside a round border with writing that reads "the seal of the Sheriff of
Fresno County" along with "Honor Guard." This pin is worn by all ranks below
sergeant.
B. BADGE
1. Assigned Honor Guard Badges shall be worn attached to the jacket badge
holder. At appropriate ceremonies and during appropriate periods, a black
mourning band shall be worn across the badge, from upper left to lower right
(as worn).The black mourning bands shall be worn from the time of death until
sunset on the day of the service.
C. KILT
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1. J. Higgins—Custom Kilt (16 oz) Heavy Weight Wool Mayo Tartan with two black
leather straps with silver buckle on right hip, one black leather strap with silver
buckle on left hip. The kilt shall be pleated to the sett.
2. Kilt Pins— Traditional Scottish Sword kilt Pin shall be worn pointing downward
over the right thigh of kilt, Rifle Pin — Gold colored pin consisting of two rifles
in a crossed position atop a ceremonial wreath shall be worn to the right of the
Traditional Scottish Sword Kilt Pin, Fresno County Sheriff's Office Pin shall be
worn to the right of the Traditional Scottish Sword Kilt Pin above the Fresno
County Sheriff's Office Rifle Pin.
D. SPORRAN
1. J. Higgins— Military Horsehair Sporran with full pouch.
E. CROSS BELT/KILT BELT
1. Black leather Cross Belt and Kilt Belt with gold colored buckles and gold colored
trigger clips.The Cross belt shall be worn across the body from the right shoulder
to the left hip. The Kilt Belt shall be worn outside the military doublet overcoat.
F. HEADGEAR
1. J. Higgins— Traditional, Plain Black, felt, Glengarry hat with red colored pom
centered on top. Fresno County Sheriff's Office issued hat badge shall be worn
centered over the left temple.The original shape of the hat shall not be altered.
G. FOOTWEAR
1. Poromeric Upper Chukka boot shall be solid black in color, high gloss, solid plain
toe with no seams or decorative stitching. Kilt Socks shall be solid green in color
with optional Sgian Dubh worn on the outer right leg, tucked into kilt sock.
2. White Spats with black buttons and Velcro closure shall be worn over boots.
Flashes matching the kilt tartan worn to the outside of each calf.
H. UNDER SHIRT
1. Solid black long or short sleeved crew neck style shirt to be worn under the
coat. Shirt shall be made of material suitable for keeping the coat dry from
perspiration.
1023.3.4 CLASS B UNIFORM
All members will possess and maintain a serviceable Class B uniform at all times. The Class B
uniform includes the standard uniform with:
A. SHIRT
1. The long or short sleeve shirt may be worn with the collar open. No tie is required.
All shirt buttons must remain buttoned, except for the top button at the neck.
2. Long sleeve shirt. Silver tan shirt with epaulets, silicone permanent creases,
metal eyelet badge holder, two-button cuff closures, reinforced elbows, plain
chest pockets with scalloped flaps and hook-and-loop closures. The long sleeve
shirt shall not be cut to a short sleeve, unless professionally tailored.
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(a) Fechheimer/Flying Cross #19W6604 (males), #103W6604 (females),
silver tan.
(b) Elbeco, DutyMax West Coast Shirt #572 (males), #9572 (females), silver
tan.
3. The short sleeve models of the same long sleeve shirts are optional.
(a) Fechheimer/Flying Cross#69R6604(males),#153R6604(females), silver
tan.
(b) Elbeco, DutyMax West Coast Shirt#5572 (males), #9772 (females), silver
tan.
4. Shoulder Patches
(a) The "Fresno County Sheriff" shoulder patches shall be worn on both
sleeves of the shirt. The shoulder patch will be sewn onto the sleeve, 1/2'
below and centered on the shoulder seam.
5. Rank Insignia
(a) Chevrons:the chevron patch shall be centered on the sleeve of the shirt,
with the top of the chevron '/2" below the "Fresno County Sheriff" shoulder
patch.
(b) Gold bars: Lieutenants shall wear a single gold bar centered on the front
edge of the collar of the uniform shirt. Captains shall wear double gold
bars on the front edge of each collar.
(c) Stars: The Sheriff shall wear four(4)stars on the front edge of each collar;
the Undersheriff shall wear three (3) stars, and Assistant Sheriffs shall
wear two (2) stars.
6. Badge
(a) The issued badge will be worn attached to the shirt badge holder over
the left breast pocket. At appropriate ceremonies and during appropriate
periods, a black mourning band shall be worn across the badge, from
upper left to lower right(as worn). The black mourning bands shall be worn
from the time of death until sunset on the day of the service.
7. Nameplate
(a) All uniformed personnel shall wear their issued nameplate.The nameplate
shall be a standard nameplate with first initial and last name only. It shall
be worn centered directly above the right uniform shirt pocket. The bottom
of the nameplate shall be just touching - or even with - the most upper
seam of the pocket.
B. TROUSERS
1. The following trousers may be worn. For maternity use, the trousers may be
customized with matching expandable front panels.
(a) Any Class A Uniform poly/wool-blend pant.
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(b) Polyester, straight leg, no cuff. French fly, two side quarter-top pockets,
two hip pockets with button tab on left hip pocket, optional flashlight
pockets, green.
1. Flying Cross #147300, Valor Pant, Color Code:05, Forest Green.
2. 5.11 Twill PDU Cargo Class B pant #74326, Color Sheriff Green
(may be worn by all officers, with the exception of the Court Security
Unit).
C. BELT
1. Issued leather gear.
D. FOOTWEAR
1. May be either boots or shoes, solid black in color, solid plain toe with no seams or
decorative stitching and in good condition. Heel not to exceed 1 1/2' in height.All
footwear must be polished and worn with the trousers over the top, not tucked
into the boots.
2. No cowboy-type boots, lace-to-toe boots, military-type boots, canvas tops, or
athletic shoes.
3. Socks In normal standing or sitting position, visible portion of socks shall be
black in color. No ornamentation.
4. Winter/Snow boot is optional and shall be the current Sorel brand or similar style,
black toe and dark brown upper. Forest green gaiters are allowed in extreme
weather conditions.
E. OPTIONAL
1. PROTECTIVE VEST
(a) See applicable Body Armor/Stab Vest Policies for usage guidelines.
2. GLOVES
(a) Black in color.ln clean, serviceable condition.
3. ALTERNATE GUN BELT
(a) Employees required to wear an outer duty belt may purchase and wear a
black basketweave stamp nylon duty belt (with or without a plastic buckle)
to replace the issued leather duty belt.
(a) Uncle Mike's, Mirage Basketweave Ultra Duty Belt (with plastic
buckle).
(b) Bianchi, AccuMold Elite Duty Belt (with plastic buckle #7950, or
without #7970).
4. TROUSERS
(a) The utility pants may be worn by all officers,with the exception of the Court
Security Unit.
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(a) 5-11 Twill PDU Cargo Class B Pant #74326, Color Sheriff Green.
5. HEADGEAR
(a) Duty Hat
(a) Campaign-style straw hat, green with green band, black/gold/black
cord, and gold acorns, black leather three piece chin strap (worn to
the rear), and issued cap piece. The original shape of the hat shall
not be altered.Clear plastic cover must be available to wear during
inclement weather.
(b) W. Alboum Hat Co., Campaign Hat, forest green.
(b) Trooper's Cap
(a) A black trooper-style cap is authorized to wear in winter or snow
conditions when the predicted temperature, or actual temperature, is
below 401 Fahrenheit during the duty shift.The cap shall normally be
worn with the ear protectors up and the strap fastened above the hat,
unless extreme weather conditions require the ear protectors in the
down position. The authorized cap piece (available from Training)
shall be worn centered on the front upturned bill.
(c) Watchcap
(a) The watchcap is authorized as outdoor headgear during conditions
when the temperature is below 401 Fahrenheit. The watchcap shall
be plain black, without fringe or tassel, and shall have "Fresno
County Sheriff's Office" embroidered in 1/4" block-letter font on one
line arched over a 2 3/4' generic, fully embroidered gold six-point star
badge with full-color State seal centered on the face. The distance
between the top of the lettering and the bottom of the star shall be
2 3/8".
(a) Otto International, Inc., #82-480, cotton knit beanie, 60/40
cotton/acrylic blend, 12", black.
6. JACKET
(a) Green, nylon jacket, large pockets with scalloped flaps and hook-and-
loop closures. Metal buttons shall be gold, with the design of a six-point
star surrounding the State bear. Any jacket worn during normal duty
assignments shall not be worn "bloused" (i.e., tucked into the waistband).
1. Horace Small, New Generation 3, #HS3351, forest green.
2. Spiewak, parka #1790-021 (discontinued, but still available).
3. Flying Cross soft shell jacket#54100 A 05, forest green.
(b) Shoulder Patches
1. The "Fresno County Sheriff" shoulder patches shall be worn on both
sleeves of the jacket. The shoulder patch will be sewn onto the
sleeve, 1/2' below and centered on the shoulder seam.
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(c) Rank Insignia (as applicable)
1. The chevron patch shall be centered on the sleeve, with the top of
the chevron '/2' below the "Fresno County Sheriff' shoulder patch.
2. For officers with the rank of Lieutenant and above, the collar brass
shall be centered on the epaulets.
(d) Badge
1. The authorized badge patch shall be worn centered above the upper
left pocket, with the bottom of the patch approximately 1" above the
top of the pocket.
(e) Nameplate
1. A cloth name patch with the employee's name will be sewn above the
right pocket. The name patch shall have 5/8" gold lettering on a 1"
OD green background and will have the employee's first initial (may
also have middle initial), followed by the employee's last name.The
patch will cover the breadth of the top of the pocket.
(f) Service Stripes
1. Shall NOT be worn on the jacket.
(g) Scarf
1. A plain, black, all wool gabardine or silk scarf, not over 12"wide and
60" long, may be worn in conjunction with the jacket.
7. SWEATER
(a) The sweater may be worn over the Class B long sleeve shirt.When wearing
the sweater, the collars of the shirt shall not be tucked in.
(b) The sweater will be worn with "Fresno County Sheriff" shoulder patches,
cloth badge, cloth name tag, and chevrons, if applicable. Service stripes
shall not be worn on the sweater. The sweater will be worn in a fashion
that will not interfere with the easy access to safety equipment.
(c) Blauer, Classic V-Neck Sweater, #210, OD green.
8. TURTLENECK/MOCK TURTLENECK
(a) A plain black turtleneck/mock turtleneck shirt may be worn beneath the
long sleeve Class B Uniform shirt.
(a) The shirt shall be of a snug-fit design and have no unusual ribbing,
stitching, or ornamentation.There shall be no visible design, insignia
or logo.
(b) The shirt shall be made of a material that will not sag or become
loose around the wearer's neck, nor extend past the jaw line.
9. UNDERSHIRTS
(a) An undershirt may be worn beneath the uniform shirt, as follows:
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(a) V-neck or U-shaped undershirts may be worn, but shall not be
visible.
(b) Crew neck(round collar)undershirts may be worn, but must be plain
black. There shall be no visible design, insignia or logo.The material
shall be polyester or polyester blend, designed to wick moisture
away from the body (e.g., Under Armour, 5.11, Pellis, Coolmax,
etc.).
10. SERVICE STRIPES
(a) One gold stripe may be worn for each five (5) years of employment with
the Sheriff's Office within the employee's current job classification. Service
stripes do not carry over to a new uniform classification. The service stripe
may be worn six (6) months prior to the five year period represented, if the
wearer so desires. The stripe shall be worn on the left sleeve of the long
sleeve shirt, with the lowest point approximately 3/4' above the cuff seam.
11. HEADGEAR - HELMET
(a) All officers issued a helmet will keep the helmet readied for immediate use.
Officers should resist the wearing of the helmet during routine work duties,
unless the officer deems it to be needed to ensure security and safety. The
Commanding or Supervising Officer of an incident may require the wearing
of the helmet. When the helmet is worn, it shall be worn with the chin strap
fastened, securing the helmet to the head. It will be the responsibility of
the employee to maintain the helmet in a serviceable condition. Damaged
helmets need to be returned to Training for repairs and replacement.
12. MATERNITY SMOCK
(a) A maternity smock may be required by the Bureau Commander, in lieu of
the standard uniform shirt, for females in certain uniform assignments.
(b) The maternity uniform shirt shall have an even hem and may be expanded
as necessary by side panels inserted in the side seams of the shirt.
Manufacture printing shall not be allowed to show outside of the uniform
shirt.
(c) Maternity uniform trousers may have an expandable front panel sewn
into the front zippered portion of the trousers and/or elastic or adjustable
fasteners may be sewn into the waist area. The front panel shall be the
same color as the uniform pants.
(d) The maternity uniform shirts shall be worn outside of the trousers and be
long enough to completely cover the front panel of the maternity uniform
pants and any added elastic or fasteners.
(e) Staff members wearing the maternity uniform shall not be required to wear
the uniform belt.
13. SKIRTS (female) - With Permission
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(a) A green skirt may only be worn with the permission of the Bureau
Commander and shall be either a six gore skirt or a four gore skirt. The
skirt length shall range no more than 2" above the mid line of the knee to
2" below the mid line of the knee.
1. United Uniforms, poly/wool, forest green.
2. United Uniforms, polyester, forest green.
(b) For maternity use, a skirt with expandable front panels shall be worn
only with the permission of the Bureau Commander in certain uniform
assignments.
1023.3.5 CLASS C UNIFORM - UTILITY UNIFORM
The Class C uniform may be utilized for special or emergency response call-outs; Training;
Academies that do not specify a uniform; or other incidents, assignments, or details (e.g.,
search warrant services, labor dispute details, recreational details) at the direction of the Bureau
Commander. The Class C utility uniform includes:
A. SHIRT
1. Long sleeve, nylon, olive drab (OD) green. Sleeves may be worn buttoned up
in the short sleeve fashion, but shall not be cut off. The short sleeve version is
NOT authorized.
(a) Propper Lightweight Tactical shirt#F5312-PR, OD green.
2. Shoulder Patches
(a) The "Fresno County Sheriff" shoulder patches shall be worn on both
sleeves of the shirt and jacket. The shoulder patch shall be sewn onto the
sleeve '/2' below and centered on the shoulder seam.
3. Rank Insignia
(a) Members having attained a rank that signifies the rank with a shoulder
patch shall wear the patches centered on the sleeve with the top of the
chevron 1/2' below the "Fresno County Sheriff" shoulder patch.
B. BADGE
1. The appropriate patch (e.g., deputy, correctional officer, generic) will be worn
centered above the left shirt pocket, with the bottom of the patch approximately
1" above the top of the pocket.
C. NAMEPLATE
1. A cloth breast patch will be worn in place of the metal plate. A cloth name patch
with the employee's name will be sewn above the right pocket. The name patch
shall have 5/8" gold lettering on a 1" OD green background and will have the
employee's first initial (may also have middle initial) followed by the last name.
The patch will cover the breadth of the top of the pocket.
D. TROUSERS
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1. Green, 7-pocket, nylon pant. For maternity use, the long trousers may be
customized with matching expandable front panels.
(a) Propper Lightweight Tactical Pant#F5252-PR, OD green.
E. BELT
1. Issued leather gear.
F. FOOTWEAR
1. May be either boots or shoes, solid black in color, solid plain toe with no seams
or decorative stitching. Heel not to exceed 1 1/2" in height. Footwear must be
polished and in good condition.
2. No cowboy-type boots, lace-to-toe boots, military-type boots, canvas tops or
athletic shoes.
3. Socks - In normal standing or sitting position, visible portion of socks shall be
black in color. No ornamentation.
G. OPTIONAL
1. SERVICE STRIPES
(a) One gold stripe may be worn for each five (5) years of employment with
the Sheriff's Office within the employee's current job classification. Service
stripes do not carry over to a new uniform classification. The service stripe
may be worn six (6) months prior to the five year period represented if the
wearer so desires. The stripe shall be worn on the left sleeve of the long
sleeve shirt with the lowest point approximately 3/4" above the cuff seam.
2. UNDERSHIRTS
(a) An undershirt may be worn beneath the uniform shirt, as follows:
1. V-neck or U-shaped undershirts may be worn, but shall not be
visible.
2. Crew neck(round collar)undershirts may be worn, but must be plain
black. There shall be no visible design, insignia or logo.The material
shall be polyester or polyester blend, designed to wick moisture
away from the body (e.g., Under Armour, 5.11, Pellis, Coolmax,
etc.).
3. TURTLENECK
(a) A black turtleneck shirt may be worn beneath the long sleeve Class C
Uniform shirt as follows:
1. The turtleneck shall have no unusual ribbing, stitching, or
ornamentation. There will be no visual name brand or decals.
2. Be made of a material that will not sag or become loose around the
wearer's neck, nor extend past the jaw line.
4. SWEATER
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(a) The sweater may be worn over the long sleeve shirt. When wearing the
sweater, the collars of the shirt shall not be tucked in.
(b) The sweater will be worn with "Fresno County Sheriff" shoulder patches,
cloth badge, cloth name tag, and chevrons, if applicable. Service stripes
shall not be worn on the sweater. The sweater will be worn in a fashion
that will not interfere with the easy access to safety equipment.
1. Blauer, Classic V-Neck Sweater, #210, OD green.
5. JACKET
(a) Green, nylon jacket, large pockets with scalloped flaps and hook-and-loop
closures. Service strips shall not be worn on the jacket. Metal buttons
shall be gold, with the design of a six-point star surrounding the State
bear. Any jacket worn during normal duty assignments shall not be worn
"bloused" (i.e., tucked into the waistband).
1. Horace Small, New Generation 3, #HS3351, forest green.
2. Spiewak, parka #1790-021 (discontinued, but still available).
3. Flying Cross soft shell jacket, #54100 A 05, forest green.
(b) Shoulder Patches
1. The "Fresno County Sheriff" shoulder patches shall be worn on both
sleeves of the jacket. The shoulder patch will be sewn onto the
sleeve, 1/2' below and centered on the shoulder seam.
(c) Rank Insignia (as applicable)
1. Chevron patches shall be centered on the sleeve, with the top of the
chevron 1/2' below the "Fresno County Sheriff" shoulder patch.
2. For officers with the rank of Lieutenant and above, the collar brass
shall be centered on the epaulets.
(d) Badge
1. The appropriate badge patch (e.g., deputy, generic, etc.) shall be
worn centered above the upper left pocket, with the bottom of the
patch approximately 1" above the top of the pocket.
(e) Nameplate
1. A cloth name patch with the employee's name will be sewn above
the right pocket. The name patch shall have 5/8" gold lettering on
a 1" OD green background and will have the employee's first initial
(may also have middle initial),followed by the employee's last name.
The patch will cover the breadth of the top of the pocket.
(f) Service Stripes
1. Shall NOT be worn on the jacket.
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(g) Scarf - A plain, black, all wool gabardine or silk scarf, not over 12" wide
and 60" long, may be worn in conjunction with the jacket.
6. HEADGEAR
(a) Duty Hat
1. Campaign-style straw hat, green with green band, black/gold/black
cord, and gold acorns, black leather three piece chin strap (worn to
the rear), and issued cap piece. The original shape of the hat shall
not be altered. Clear plastic cover must be available to wear during
inclement weather.
2. W. Alboum Hat Co., Campaign Hat, forest green.
(b) Trooper's Cap
1. A black trooper-style cap is authorized to wear in winter or snow
conditions when the predicted temperature, or actual temperature, is
below 401 Fahrenheit during the duty shift.The cap shall normally be
worn with the ear protectors up and the strap fastened above the hat,
unless extreme weather conditions require the ear protectors in the
down position. The authorized cap piece (available from Training)
shall be worn on the front flap of the cap.
(c) Watchcap
1. The watchcap is authorized as outdoor headgear during conditions
when the temperature is below 401 Fahrenheit. The watchcap shall
be plain black, without fringe or tassel, and shall have "Fresno
County Sheriff's Office" embroidered in 1/4" block-letter font on one
line arched over a 2 3/4' generic, fully embroidered gold six-point star
badge with full-color State seal centered on the face. The distance
between the top of the lettering and the bottom of the star shall be
2 3/8".
(a) Otto International, Inc., #82-480, cotton knit beanie, 60/40
cotton/acrylic blend, 12", black.
(d) Baseball-style Cap
1. A black, baseball-style cap, either fitted or adjustable. The
authorized cloth badge will be attached to the front of the cap. (Refer
to Addendum re: Uniform Specifications—Cloth Badge.)
(a) Richardson, Pro Model, black, in either fitted (#515) or
adjustable (#514/Velcro).
7. ALTERNATE GUN BELT
(a) Employees required to wear an outer duty belt may purchase and wear a
black basketweave stamp nylon duty belt (with or without a plastic buckle)
to replace the issued leather duty belt.
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1. Uncle Mike's, Mirage Basketweave Ultra Duty Belt (with plastic
buckle).
2. Bianchi, AccuMold Elite Duty Belt (with plastic buckle #7950, or
without #7970).
8. FOOTWEAR
(a) Winter/snow boot is optional. Shall have a black toe and dark brown upper.
1. Sorel brand or similar style
(b) Forest green gaiters are allowed in extreme weather conditions.
9. GLOVES
(a) Black in color. In clean serviceable condition.
10. PROTECTIVE VEST
(a) See applicable Body Armor/Stab Vest Policies for usage guidelines.
H. HEADGEAR - HELMET
1. All officers issued a helmet will keep the helmet readied for immediate use.
Officers should resist the wearing of the helmet during routine work duties,
unless the officer deems it to be needed to ensure security and safety. The
Commanding or Supervising Officer of an incident may require the wearing of
the helmet.When the helmet is worn, it shall be worn with the chin strap fastened,
securing the helmet to the head. It will be the responsibility of the employee to
maintain the helmet in a serviceable condition. Damaged helmets need to be
returned to Training for repairs and replacement.
I. MATERNITY SMOCK
1. A maternity smock may be required by the Bureau Commander, in lieu of the
standard uniform shirt, for females in certain uniform assignments.
2. The maternity uniform shirt shall have an even hem and may be expanded as
necessary by side panels inserted in the side seams of the shirt. Manufacture
printing shall not be allowed to show outside of the uniform shirt.
3. Maternity uniform trousers may have an expandable front panel sewn into the
front zippered portion of the trousers and/or elastic or adjustable fasteners may
be sewn into the waist area. The front panel shall be the same color as the
uniform pants.
4. The maternity uniform shirts shall be worn outside of the trousers and be long
enough to completely cover the front panel of the maternity uniform pants and
any added elastic or fasteners.
5. Staff members wearing the maternity uniform shall not be required to wear the
uniform belt.
J. SKIRTS (female) - With Permission
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1. A green skirt may only be worn with the permission of the Bureau Commander
and shall be either a six gore skirt or a four gore skirt. The skirt length shall
range no more than 2" above the mid line of the knee to 2" below the mid line
of the knee.
(a) United Uniforms, poly/wool, forest green.
(b) United Uniforms, polyester, forest green.
2. For maternity use, a skirt with expandable front panels shall be worn only with
the permission of the Bureau Commander in certain uniform assignments.
1023.3.6 CLASS C UNIFORM - UTILITY UNIFORM - EXPLORER SCOUTS ONLY
May be utilized by Explorer Units only. The Class C Explorer utility uniform includes the standard
issue uniform with:
A. SHIRT
1. The long or short sleeve shirt may be worn with the collar open. No tie is required.
All shirt buttons must remain buttoned, except for the top button at the neck.
2. Long sleeve shirt.Silver tan shirt with epaulets, silicone permanent creases,
metal eyelet badge holder, two-button cuff closures, reinforced elbows, plain
chest pockets with scalloped flaps and hook-and-loop closures. The long sleeve
shirt shall not be cut to a short sleeve.
(a) Fechheimer/Flying Cross #19W6604 (males), #103W6604 (females),
silver tan.
(b) Elbeco, DutyMax West Coast Shirt #572 (males), #9572 (females), silver
tan.
3. The short sleeve models of the same long sleeve shirts are optional.
(a) Fechheimer/Flying Cross#69R6604(males),#153R6604(females), silver
tan.
(b) Elbeco, DutyMax West Coast Shirt#5572 (males), #9772 (females), silver
tan.
4. Shoulder Patches
(a) Contact the Explorer Unit Coordinator for proper type and placement of
shoulder patches.
5. Rank Insignia
(a) Members having attained a rank that signifies the rank with a shoulder
patch shall wear the patches centered on the sleeve with the top of the
chevron 1/2' below the shoulder patch.
6. Badge
(a) Contact the Explorer Unit Coordinator for proper type and placement of
breast patches.
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7. Nameplate
(a) A cloth breast patch will be worn in place of the metal plate. A cloth name
patch with the Explorer's name will be sewn above the right pocket. The
name patch shall have 5/8" gold lettering on a 1" olive drab (OD) green
background and will have the Explorer's first initial (may also have middle
initial) followed by the last name. The patch will cover the breadth of the
top of the pocket.
B. TROUSERS
1. Green, 7-pocket, nylon pant. For maternity use, the long trousers may be
customized with matching expandable front panels.
(a) 5.11 Tactical Series, Tactical Pant #74158, OD green.
C. BELT
1. Issued leather gear.
D. FOOTWEAR
1. May be either boots or shoes, solid black in color, solid plain toe with no seams or
decorative stitching. Heel not to exceed 11/2'in height.Footwear must be polished
and in good condition.
2. No cowboy-type boots, lace-to-toe boots, military-type boots, canvas tops, or
athletic shoes.
3. Socks In normal standing or sitting position, visible portion of socks shall be
black in color. No ornamentation.
E. OPTIONAL
1. UNDERSHIRT
(a) An undershirt may be worn beneath the uniform shirt, as follows:
1. V-neck or U-shaped undershirts may be worn, but shall not be
visible.
2. Crew neck(round collar)undershirts may be worn, but must be plain
black. There shall be no visible design, insignia or logo.The material
shall be polyester or polyester blend, designed to wick moisture
away from the body (e.g., Under Armour, 5.11, Pellis, Coolmax,
etc.).
2. TURTLENECK/MOCK TURTLENECK
(a) A plain black turtleneck/mock turtleneck may be worn beneath the long
sleeve shirt.
(b) The turtleneck shall be of a snug-fit design and have no unusual ribbing,
stitching, or ornamentation. There shall be no visible design, insignia or
logo.
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(c) The turtleneck shall be made of a material that will not sag or become
excessively loose around the wearer's neck, nor extend past the jaw line.
3. SWEATER
(a) The sweater may be worn over the Class B long sleeve shirt. When
wearing the sweater, the collars of the shirt shall not be tucked in.
(b) The sweater will be worn with "Fresno County Sheriff" shoulder patches,
cloth badge, cloth name tag, and chevrons, if applicable. Service stripes
shall not be worn on the sweater. The sweater will be worn in a fashion
that will not interfere with the easy access to safety equipment.
1. Blauer, Classic V-Neck Sweater, #210, OD green
4. JACKET
(a) Green, nylon jacket, large pockets with scalloped flaps and hook-and-loop
closures. Service strips shall not be worn on the jacket. Metal buttons shall
be gold, with the design of a six-point star surrounding the State bear. The
jacket shall not be worn "bloused" (i.e., tucked into the waistband).
1. Horace Small, New Generation 3, #HS3351, forest green.
2. Spiewak, parka #1790-021 (discontinued, but still available).
(b) Shoulder Patches
1. The Explorer Unit members shall contact the Explorer Unit
Coordinator for proper type and placement of shoulder patches.
2. Rank Insignia
(a) As applicable.The chevron patch shall be centered on the
sleeve of the shirt, with the top of the chevron 1/2' below the
"Fresno County Sheriff" shoulder patch.
3. Badge
(a) Explorer Unit members shall contact the Explorer Unit
Coordinator for proper type and placement of breast patch.
4. Nameplate
(a) A cloth name patch with the Explorer's name will be sewn
above the right pocket. The name patch shall have 5/8" gold
lettering on a 1" OD Green background and will have the
Explorer's first initial (may also have middle initial)followed by
the last name. The patch will cover the breadth of the top of
the pocket.
5. Service Stripes
(a) Shall NOT be worn on the jacket.
6. Scarf - A plain, black, all wool gabardine or silk scarf, not over 12"
wide and 60" long, may be worn in conjunction with the jacket.
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5. HEADGEAR
(a) Duty Hat
1. Campaign-style straw hat, green with green band, black/gold/black
cord, and gold acorns, black leather three piece chin strap (worn to
the rear), and issued cap piece. The original shape of the hat shall
not be altered.Clear plastic cover must be available to wear during
inclement weather.
(a) W. Alboum Hat Co., Campaign Hat, forest green.
2. Trooper's Cap
(a) A black trooper-style cap is authorized to wear in winter or
snow conditions when the predicted temperature, or actual
temperature, is below 401 Fahrenheit during the duty shift.
The cap shall normally be worn with the ear protectors up
and the strap fastened above the hat, unless extreme weather
conditions require the ear protectors in the down position. The
authorized cap piece (available from Training) shall be worn
on the front flap of the cap.
3. Watchcap
(a) The watchcap is authorized as outdoor headgear during
conditions when the temperature is below 401 Fahrenheit. The
watchcap shall be plain black, without fringe or tassel, and
shall have "Fresno County Sheriff's Office" embroidered in '/4'
block-letter font on one line arched over a 2 3/4' generic, fully
embroidered gold six-point star badge with full-color State seal
centered on the face. The distance between the top of the
lettering and the bottom of the star shall be 2 3/8".
(a) Otto International, Inc., #82-480, cotton knit beanie,
60/40 cotton/acrylic blend, 12", black.
4. Baseball-style Cap
(a) A black, baseball-style cap, either fitted or adjustable. The
authorized cloth badge will be attached to the front of the
cap. (Refer to Addendum re: Uniform Specifications — Cloth
Badge.)
(a) Richardson, Pro Model, black, in either fitted (#515) or
adjustable (#514/Velcro).
6. ALTERNATE GUN BELT
(a) Employees required to wear an outer duty belt may purchase and wear a
black basketweave stamp nylon duty belt (with or without a plastic buckle)
to replace the issued leather duty belt.
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1. Uncle Mike's, Mirage Basketweave Ultra Duty Belt (with plastic
buckle).
2. Bianchi, AccuMold Elite Duty Belt (with plastic buckle #7950, or
without #7970).
7. FOOTWEAR
(a) Winter/snow boot is optional. Shall have a black toe and dark brown upper.
1. Sorel brand or similar style.
(b) Forest green gaiters are allowed in extreme weather conditions.
8. GLOVES
(a) Black in color. In clean, serviceable condition.
F. MATERNITY SMOCK
1. A maternity smock may be required by the Bureau Commander, in lieu of the
standard uniform shirt, for females in certain uniform assignments.
2. The maternity uniform shirt shall have an even hem and may be expanded as
necessary by side panels inserted in the side seams of the shirt. Manufacture
printing shall not be allowed to show outside of the uniform shirt.
3. Maternity uniform trousers may have an expandable front panel sewn into the
front zippered portion of the trousers and/or elastic or adjustable fasteners may
be sewn into the waist area. The front panel shall be the same color as the
uniform pants.
4. The maternity uniform shirts shall be worn outside of the trousers and be long
enough to completely cover the front panel of the maternity uniform pants and
any added elastic or fasteners.
5. Staff members wearing the maternity uniform shall not be required to wear the
uniform belt.
G. SKIRTS (female) - With Permission
1. A green skirt may only be worn with the permission of the Bureau Commander
and shall be either a six gore skirt or a four gore skirt. The skirt length shall
range no more than 2" above the mid line of the knee to 2" below the mid line
of the knee.
(a) United Uniforms, poly/wool, forest green.
(b) United Uniforms, polyester, forest green.
2. For maternity use, a skirt with expandable front panels shall be worn only with
the permission of the Bureau Commander in certain uniform assignments.
1023.3.7 CLASS D UNIFORM - BOATING ENFORCEMENT UNIT
The Class D uniform is to be utilized by the Boating Enforcement Unit personnel while assigned
to boating functions and activities. The Class D uniform includes the standard issue uniform with:
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A. SHIRT
1. Short sleeve, light-tan polo-style sport shirt. The shirt shall have the authorized
embroidered logo star with "Fresno County Sheriff's Office" circled above the
star. "Boat Unit" shall be written beneath the logo.
(a) 5.11 Tactical Series #71049, silver tan.
2. During the "off season" the polo or 5.11 tactical series shirt with appropriate
sewn on patches and name tag, 5.11 Tactical Shirt #4371 are authorized.
B. TROUSERS
1. May wear either the shorts or trousers. For maternity use, only the long trousers
may be customized with matching expandable front panels.
2. Trousers
(a) Green, 7-pocket, nylon pant.
1. 5.11 Tactical Series, Tactical Pant #74158, OD green.
C. SHORTS
1. Green, 7-pocket short.Boating Enforcement personnel are authorized to hem
pants to a point within 2" of the mid line of the upper leg. The BEU Commander
may authorize the use of another brand of trousers for the use of the short pants,
but they must be of a color consistent with a dark olive/forest green.
D. PANTS
1. During the "off season" 5.11 Tactical series pants will also be authorized, OD
green.
E. BELT
1. Issued nylon gear or issued leather gear for non-boating related collateral
assignments or details.
F. FOOTWEAR
1. Boating Enforcement Unit personnel are authorized to wear a boating deck shoe,
low top, black in color,with no obvious decoration. Other footwear may be issued
by the Unit for use as necessary.
2. Socks
(a) While wearing short pants, socks shall be short style, and shall not extend
more than 3" above the ankle bone. The short socks shall be white.
G. OPTIONAL
1. UNDERSHIRTS
(a) An undershirt may be worn beneath the uniform shirt, as follows:
(b) V-neck or U-shaped undershirts may be worn, but shall not be visible.
(c) Crew neck (round collar) undershirts may be worn, but must be plain
black. There shall be no visible design, insignia or logo. The material shall
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be polyester or polyester blend, designed to wick moisture away from the
body (e.g., Under Armour, 5.11, Pellis, Coolmax, etc.).
2. Turtlenecks may not be worn beneath the polo shirt.
3. SWEATER
(a) The sweater may be worn over the Class B long sleeve shirt. When
wearing the sweater, the collars of the shirt shall not be tucked in.
(b) The sweater will be worn with "Fresno County Sheriff" shoulder patches,
cloth badge, cloth name tag, and chevrons, if applicable. Service stripes
shall not be worn on the sweater. The sweater will be worn in a fashion
that will not interfere with the easy access to safety equipment.
1. Blauer, Classic V-Neck Sweater, #210, OD green.
4. JACKET
(a) Green, nylon jacket, large pockets with scalloped flaps and hook-and-
loop closures. Metal buttons shall be gold, with the design of a six-point
star surrounding the State bear. Any jacket worn during normal duty
assignments shall not be worn "bloused" (i.e., tucked into the waistband).
(b) Shoulder Patches
1. The "Fresno County Sheriff" shoulder patches shall be worn on both
sleeves of the jacket. The shoulder patch will be sewn onto the
sleeve, 1/2' below and centered on the shoulder seam.
(c) Rank Insignia (as applicable)
1. The chevron patch shall be centered on the sleeve of the shirt, with
the top of the chevron '/2' below the"Fresno County Sheriff"shoulder
patch.
(d) Badge
1. The authorized badge patch shall be worn centered above the upper
left pocket, with the bottom of the patch approximately 1" above the
top of the pocket. The badge patch shall be the Deputy Sheriff patch
for deputies, and the generic FSO patch for all other employees
(e.g., CSO, Explorers, volunteer Search and Rescue members,
etc.).
(e) Nameplate
1. A cloth name patch with the employee's name will be sewn above
the right pocket.The name patch shall have 5/8"gold lettering on a 1"
OD green background and will have the employee's first initial (may
also have middle initial), followed by the employee's last name. The
patch will cover the breadth of the top of the pocket.
(f) Service Stripes
1. Shall NOT be worn on the jacket.
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5. HEADGEAR
(a) Duty Hat
1. Campaign-style straw hat, green with green band, black/gold/black
cord, and gold acorns, black leather three piece chin strap (worn to
the rear), and issued cap piece. The original shape of the hat shall
not be altered.Clear plastic cover must be available to wear during
inclement weather.
(a) W. Alboum Hat Co., Campaign Hat, forest green.
2. Watch cap
(a) The watch cap is authorized as outdoor headgear during
conditions when the temperature is below 401 Fahrenheit. The
watch cap shall be plain black, without fringe or tassel, and
shall have "Fresno County Sheriff's Office" embroidered in '/4'
block-letter font on one line arched over a 2 3/4' generic, fully
embroidered gold six-point star badge with full-color State seal
centered on the face. The distance between the top of the
lettering and the bottom of the star shall be 2 3/8".
3. Baseball-style Cap
(a) A black, baseball-style cap, either fitted or adjustable. The
authorized cloth badge will be attached to the front of the
cap (Refer to Addendum re: Uniform Specifications — Cloth
Badge).
4. Boonie Cap
(a) An OD green boonie cap with subdued Sheriff's Office star
patch on the front of th cap shall be authorized, Tru-Spec poly/
wool blend #64560-L63.
6. GLOVES
(a) Black in color. In clean, serviceable condition.A neutral-colored boating
glove is also authorized.
7. PROTECTIVE VEST
(a) See applicable Body Armor/Stab Vest Policies for usage guidelines.
H. MATERNITY SMOCK
1. A maternity smock may be required by the Bureau Commander, in lieu of the
standard uniform shirt, for females in certain uniform assignments.
2. The maternity uniform shirt shall have an even hem and may be expanded as
necessary by side panels inserted in the side seams of the shirt. Manufacture
printing shall not be allowed to show outside of the uniform shirt.
3. Maternity uniform trousers may have an expandable front panel sewn into the
front zippered portion of the trousers and/or elastic or adjustable fasteners may
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be sewn into the waist area. The front panel shall be the same color as the
uniform pants.
4. The maternity uniform shirts shall be worn outside of the trousers and be long
enough to completely cover the front panel of the maternity uniform pants and
any added elastic or fasteners.
5. Staff members wearing the maternity uniform shall not be required to wear the
uniform belt.
1023.3.8 CLASS E UNIFORM - COVERALL
Shall be utilized as the only authorized coverall for all Bureaus and/or assignments allowing
the use of a coverall. Intended use includes such activities as training; investigations or scene
processing that include extremely dirty conditions, special response call-outs, and/or situations
that would require the rapid identification of an undercover or plainclothes officer.
A. COVERALL
1. Lightweight, long sleeve, green utility jumpsuit. Two zippered chest pockets,
two concealed side seam pockets, two zippered rear hip pockets, two diagonal
zippered thigh cargo pockets and one diagonal zippered calf pocket on lower
right leg. Two position snap closure on sleeve, four eyelets under each arm to
dissipate heat. A rectangular(approximately 6" x 12" "SHERIFF" patch shall be
attached to the back, across the shoulder blades.
(a) Elbeco, Transcon #508RCG (males), #508FCG (females), OD green.
2. Shoulder Patches
(a) The "Fresno County Sheriff" shoulder patches shall be worn on both
sleeves of the coverall. The shoulder patch shall be sewn onto the sleeve,
1/2' below and centered on the shoulder seam.
3. Rank Insignia
(a) Members having attained a rank that signifies the rank with a shoulder
patch shall wear the patches centered on the sleeve with the top of the
chevron 1/2' below the "Fresno County Sheriff" shoulder patch.
4. Badge
(a) The appropriate patch (e.g., deputy, correctional officer, generic) will be
worn centered above the left shirt pocket, with the bottom of the patch
approximately 1" above the top of the pocket.
5. Nameplate
(a) A cloth name patch with the employee's name will be worn in place of
the metal plate and sewn above the right pocket. The name patch shall
have 5/8# gold lettering on a 1" OD green background and will have the
employee's first initial (may also have middle initial) followed by the last
name.The patch will horizontally cover the breadth of the top of the pocket.
B. BELT
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1. Issued leather gear.
C. FOOTWEAR
1. May be either boots or shoes, solid black in color, solid plain toe with no seams
or decorative stitching. Heel not to exceed 1 1/2" in height. Footwear must be
polished and in good condition.
2. No cowboy-type boots, lace-to-toe boots, military-type boots, canvas tops or
athletic shoes.
3. Socks - In normal standing or sitting position, visible portion of socks shall be
black in color. No ornamentation.
D. OPTIONAL
1. UNDERSHIRTS
(a) An undershirt may be worn beneath the coverall, as follows:
1. V-neck or U-shaped undershirts may be worn, but shall not be
visible.
2. Crew neck(round collar)undershirts may be worn, but must be plain
black. There shall be no visible design, insignia or logo.The material
shall be polyester or polyester blend, designed to wick moisture
away from the body(e.g., Under Armour,5.11, Pellis,Coolmax, etc.).
(b) TURTLENECK/MOCK TURTLENECK
1. A plain black turtleneck/mock turtleneck shirt may be worn beneath
the long sleeve Class B Uniform shirt.
2. The shirt shall be of a snug-fit design and have no unusual ribbing,
stitching, or ornamentation.There shall be no visible design, insignia
or logo.
3. The shirt shall be made of a material that will not sag or become
loose around the wearer's neck, nor extend past the jaw line.
(c) JACKET
1. Green, nylon jacket, large pockets with scalloped flaps and hook-
and-loop closures. Metal buttons shall be gold, with the design of
a six-point star surrounding the State bear. Any jacket worn during
normal duty assignments shall not be worn "bloused" (i.e., tucked
into the waistband).
(a) Horace Small, New Generation 3, #HS3351, forest green.
(b) Spiewak, parka #1790-021 (discontinued, but still available).
2. Shoulder Patches
(a) The "Fresno County Sheriff" shoulder patches shall be worn
on both sleeves of the jacket. The shoulder patch will be sewn
onto the sleeve, 1/2' below and centered on the shoulder seam.
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3. Rank Insignia (as applicable)
(a) The chevron patch shall be centered on the sleeve of the
shirt, with the top of the chevron '/2' below the "Fresno County
Sheriff' shoulder patch.
4. Badge
(a) The authorized badge patch shall be worn centered above the
upper left pocket, with the bottom of the patch approximately
1" above the top of the pocket.
5. Nameplate
(a) A cloth name patch with the employee's name will be sewn
above the right pocket. The name patch shall have 5/8" gold
lettering on a 1" OD green background and will have the
employee's first initial (may also have middle initial), followed
by the employee's last name.The patch will cover the breadth
of the top of the pocket.
6. Service Stripes
(a) Shall NOT be worn on the jacket.
7. Scarf
(a) A plain, black, all wool gabardine or silk scarf, not over 12"
wide and 60" long, may be worn in conjunction with the jacket.
(d) HEADGEAR
1. Duty Hat
(a) Campaign-style straw hat, green with green band, black/gold/
black cord, and gold acorns, black leather three piece chin
strap (worn to the rear), and issued cap piece. The original
shape of the hat shall not be altered.Clear plastic cover must
be available to wear during inclement weather.
(b) W. Alboum Hat Co., Campaign Hat, forest green.
2. Trooper's Cap
(a) A black trooper-style cap is authorized to wear in winter or
snow conditions when the predicted temperature, or actual
temperature, is below 401 Fahrenheit during the duty shift.
The cap shall normally be worn with the ear protectors up
and the strap fastened above the hat, unless extreme weather
conditions require the ear protectors in the down position. The
authorized cap piece (available from Training) shall be worn
on the front flap of the cap.
3. Watchcap
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(a) The watchcap is authorized as outdoor headgear during
conditions when the temperature is below 401 Fahrenheit. The
watchcap shall be plain black, without fringe or tassel, and
shall have "Fresno County Sheriff's Office" embroidered in '/4'
block-letter font on one line arched over a 2 3/4' generic, fully
embroidered gold six-point star badge with full-color State seal
centered on the face. The distance between the top of the
lettering and the bottom of the star shall be 2 3/8".
(a) Otto International, Inc., #82-480, cotton knit beanie,
60/40 cotton/acrylic blend, 12", black.
4. Baseball-style Cap
(a) A black, baseball-style cap, either fitted or adjustable. The
authorized cloth badge will be attached to the front of the
cap. (Refer to Addendum re: Uniform Specifications — Cloth
Badge.)
(a) Richardson, Pro Model, black, in either fitted (#515) or
adjustable (#514/Velcro).
(e) ALTERNATE GUN BELT
1. Employees required to wear an outer duty belt may purchase and
wear a black basketweave stamp nylon duty belt (with or without a
plastic buckle) to replace the issued leather duty belt.
(a) Uncle Mike's, Mirage Basketweave Ultra Duty Belt(with plastic
buckle).
(b) Bianchi, AccuMold Elite Duty Belt (with plastic buckle #7950,
or without#7970).
(f) FOOTWEAR
1. Winter/snow boot is optional. Shall have a black toe and dark brown
upper.
2. Forest green gaiters are allowed in extreme weather conditions.
(g) GLOVES
1. Black in color. In clean serviceable condition.
(h) PROTECTIVE VEST
1. See applicable Body Armor/Stab Vest Policies for usage guidelines.
E. HEADGEAR - HELMET
1. All officers issued a helmet will keep the helmet readied for immediate use.
Officers should resist the wearing of the helmet during routine work duties,
unless the officer deems it to be needed to ensure security and safety. The
Commanding/Supervising Officer of an incident may require the wearing of the
helmet. When the helmet is worn, it shall be worn with the chin strap fastened,
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securing the helmet to the head. It will be the responsibility of the employee to
maintain the helmet in a serviceable condition. Damaged helmets need to be
returned to Training for repairs and replacement.
1023.3.9 CLASS F UNIFORM - BIKE PATROL
The Class F uniform must be approved by Executive Staff and will be used by assigned personnel
as designated by the Unit Commander.
A. SHIRT
1. Short sleeve, khaki shirt. Vented under arms and under back cape. Plain chest
pockets with scalloped flaps and hook-and-loop closures.
(a) Mocean #0254/Velocity, khaki.
2. Shoulder Patches
(a) The "Fresno County Sheriff" shoulder patches shall be worn on both
sleeves of the shirt. The shoulder patch shall be sewn onto the sleeve '/2'
below and centered on the shoulder seam.
3. Rank Insignia
(a) Members having attained a rank that signifies the rank with a shoulder
patch shall wear the patches centered on the sleeve with the top of the
chevron 1/2' below the "Fresno County Sheriff" shoulder patch.
4. Badge
(a) The authorized patch will be worn centered above the left shirt pocket,with
the bottom of the patch approximately 1" above the top of the pocket.
5. Nameplate
(a) A cloth breast patch will be worn in place of the metal plate. A cloth name
patch with the employee's name will be sewn above the right pocket. The
name patch shall have 5/8" gold lettering on a 1" OD green background
and will have the employee's first initial (may also have middle initial)
followed by the last name. The patch will cover the breadth of the top of
the pocket.
B. TROUSERS/SHORTS
1. May wear either the shorts or trousers:
(a) Trousers, green, half-fitted/half elastic waist with a zipper fly and snap
closure. Seven pockets and elasticized cuffs with zipper closure.
1. Mocean #2150/Approach, Sheriff green.
(b) Shorts, green, 71/2" inseam, 7 pockets, half-fitted/half elastic waist with a
zipper fly and snap closure.
1. Mocean #1150/Approach, Sheriff green.
C. BELT
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1. Issued leather gear.
D. FOOTWEAR
1. Athletic shoe, low top, black in color with no obvious decoration.
2. Other footgear may be authorized by the Unit for use, as necessary.
3. Socks
(a) While wearing short pants, socks shall be short style, white, and shall not
extend more than 3" above the ankle bone.
E. HEADGEAR
1. Issued black bicycle helmet.
F. OPTIONAL
1. UNDERSHIRTS
(a) An undershirt may be worn beneath the uniform shirt, as follows:
(b) V-neck or U-shaped undershirts may be worn, but shall not be visible.
(c) Crew neck(round collar)undershirts may be worn, but must be plain black.
There shall be no visible design, insignia or logo. The material shall be
polyester or polyester blend, designed to wick moisture away from the
body (e.g., Under Armour, 5.11, Pellis, Coolmax, etc.).
2. UNDERSHORTS
(a) Padded, compressed shorts may be worn beneath the uniform shorts/
trousers.
1. Mocean #1550 (black).
3. SWEATER
(a) The sweater may be worn over the Class B long sleeve shirt.When wearing
the sweater, the collars of the shirt shall not be tucked in.
(b) The sweater will be worn with "Fresno County Sheriff" shoulder patches,
cloth badge, cloth name tag, and chevrons, if applicable. Service stripes
shall not be worn on the sweater. The sweater will be worn in a fashion
that will not interfere with the easy access to safety equipment.
1. Blauer, Classic V-Neck Sweater, #210, OD green.
4. JACKET
(a) Green, waterproof/breathable or water resistant/windproof fabric. Hip
length,with zip-in Iiner.Shoulder epaulets, vent cape across the back. The
jacket shall not be worn "bloused" (i.e., tucked into the waistband).
1. Mocean Multipurpose Patrol Jacket #6023 in Sheriff green.
(b) Shoulder Patches
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1. The "Fresno County Sheriff" shoulder patches shall be worn on both
sleeves of the jacket. The shoulder patch will be sewn onto the
sleeve, 1/2' below and centered on the shoulder seam.
(c) Rank Insignia (as applicable)
1. The chevron patch shall be centered on the sleeve of the shirt, with
the top of the chevron '/2' below the"Fresno County Sheriff"shoulder
patch.
(d) Badge
1. The authorized badge patch shall be worn centered above the upper
left pocket, with the bottom of the patch approximately 1" above the
top of the pocket.
(e) Nameplate
1. A cloth name patch with the employee's name will be sewn in the
right chest area. The name patch shall have 5/8" gold lettering on
a 1" OD green background and will have the employee's first initial
(may also have middle initial),followed by the employee's last name.
(f) Service Stripes
1. Shall NOT be worn on the jacket.
(g) Scarf
1. A plain, black, all wool gabardine or silk scarf, not over 12"wide and
60" long, may be worn in conjunction with the jacket.
G. PROTECTIVE VEST
1. See applicable Body Armor/Stab Vest Policies for usage guidelines.
H. GLOVES
1. Solid black, padded, fingerless, leather cycling gloves.
1023.3.10 CLASS G UNIFORM - SEARCH AND RESCUE UNITS
The Class G uniform must be approved by Executive Staff and will be used by assigned personnel
as designated by Unit Commanders. It is understood that extreme weather conditions require
specialized clothing. When at all possible, these guidelines shall be followed as closely as
possible. The uniform during an incident will be consistent with the terrain, and conditions of the
incident. No offensive or degrading items, lettering, or patches which are inconsistent with the
professional image of the Sheriff's Office are allowed.
A. SHIRT
1. Primary shirt: long sleeve, collared with two plain chest pockets. Bright "safety
orange" shirt.
(a) Red Kap, Industrial Work Shirt#SP140R, orange
2. Shoulder Patches
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(a) The "Fresno County Sheriff" shoulder patches shall be worn on both
sleeves of the shirt. The shoulder patch will be sewn onto the sleeve, 1/2'
below and centered on the shoulder seam.
3. Rank Insignia
(a) Members having attained a rank that signifies the rank with a shoulder
patch shall wear the patches centered on the sleeve with the top of the
chevron 1/2' below the shoulder patch.
4. Badge
(a) The appropriate patch (e.g., deputy, generic, etc.) will be worn centered
above the left shirt pocket, with the bottom of the patch approximately 1"
above the top of the pocket.
5. SAR Patch
(a) The authorized SAR patch shall be worn centered above the upper right
pocket.
6. Utility shirt
(a) May be either a crew neck or polo-type shirt with either long or short
sleeves in bright "safety orange". The material may be cotton, multi-
blend, polypropylene, or any other material that is normally associated
with search and rescue. These materials must be approved by the Search
and Rescue (SAR) Coordinator. Utility shirts shall have the authorized
embroidered (or screened) logo star with "Fresno County Sheriffs Office"
circled above the star.
(b) Deputies shall have "Search and Rescue" written below the star.
(c) Volunteers may choose to have either their Unit identification (i.e.,
"Mountaineering", "Aero-Squadron", etc.) or "Search and Rescue" below
the star.
B. TROUSERS
1. The style of trouser shall be chosen at the discretion of the member, or as
otherwise designated by the Unit Commander.
C. BELT
1. The style of belt shall be chosen at the discretion of the member, or as otherwise
designated by the Unit Commander.
D. FOOTWEAR
1. The type of shoe shall be chosen at the discretion of the member, or as otherwise
designated by the Unit Commander.
E. OPTIONAL
1. UNDERSHIRTS
(a) An undershirt may be worn beneath the uniform shirt, as follows:
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1. V-neck or U-shaped undershirts may be worn, but shall not be
visible.
2. Crew neck(round collar)undershirts may be worn, but must be plain
black. There shall be no visible design, insignia or logo.The material
shall be polyester or polyester blend, designed to wick moisture
away from the body(e.g., Under Armour,5.11, Pellis,Coolmax, etc.).
2. TURTLENECK/MOCK TURTLENECK
(a) A plain black turtleneck/mock turtleneck shirt may be worn beneath the
long sleeve Class B Uniform shirt.
(b) The shirt shall be of a snug-fit design and have no unusual ribbing,
stitching, or ornamentation. There shall be no visible design, insignia or
logo.
(c) The shirt shall be made of a material that will not sag or become loose
around the wearer's neck, nor extend past the jaw line.
3. JACKET
(a) Green and black, durable waterproof nylon jacket.
1. Mountain Hardwear, Exposure II Parka, peat moss and black
(special order through the Sheriff's Office).
(b) Shoulder Patches
1. The "Fresno County Sheriff" shoulder patches shall be worn on both
sleeves of the jacket. The shoulder patch will be sewn onto the
sleeve, 1/2' below and centered on the shoulder seam.
(c) Badge
1. The appropriate badge patch (e.g., deputy, generic, etc.) shall be
worn centered above the upper left pocket, with the bottom of the
patch approximately 1" above the top of the pocket.
(d) SAR Patch
1. The authorized SAR patch shall be worn centered above the upper
right pocket.
(e) Service Stripes
1. Shall NOT be worn on the jacket.
(f) Scarf
1. A plain, black, all wool gabardine or silk scarf, not over 12"wide and
60" long, may be worn in conjunction with the jacket.
4. COVERALL
(a) Air Squadron members may wear a flame-resistant flight suit while on
official squadron business. The flight suit shall have "Fresno County
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Sheriff' shoulder patches on each shoulder, a cloth badge over the left
breast pocket and air wings over the right breast pocket.
1. Propper, Nomex Flight Suit #F5115, sage green.
1023.3.11 CLASS H UNIFORM - DIVE UNIT
The Class H uniform must be approved by Executive Staff and will be used by assigned personnel
as designated by Unit Commander(s).
A. SHIRT
1. Short sleeve, polo-style sport shirt in tan or green.
(a) 5.11 Tactical Series, #41060, Professional Polo - Short Sleeve, 100%
Cotton in either silver tan or L.E. green.
2. Badge
(a) The shirt shall have the authorized embroidered logo star on left
chest area. The Sheriff's star will measure 2 3/4" vertically and 2 3/8"
horizontally. The distance between the top of the lettering above the star
and the bottom of the star will be 4". "Fresno County Sheriff's Office" shall
be written on one line, curved over the star. "Dive Unit" shall be written
horizontal and centered directly below the star.Block lettering font(Helsinki
28).
3. Name
(a) Name(or rank and name)on the right chest area is optional.The first initial
of the first name can be used. Nicknames or other personal designations
such as"Divemaster" are not authorized. Block lettering font(Helsinki 35).
B. TROUSERS/SHORTS
1. May wear either the trousers or the shorts.
2. Trousers - Green, 7-pocket, nylon pant.
(a) 5.11 Tactical Series, Tactical Pant #74158, OD green.
3. Shorts - Green, 7-pocket short.
(a) 5.11 Tactical Series,Academy Shorts—Men's#73312, cotton/canvas, OD
green.
(b) Mocean, Stretch Patrol Shorts #1063M (males), #1063W (females), poly
microfiber, Sheriff green.
C. BELT
1. Issued leather gear.
D. FOOTWEAR
1. Sandal or low-top deck shoe, plain black.
2. Other footgear may be authorized by the Unit for use, as necessary.
3. Socks
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(a) while wearing deck shoes, socks shall be short style, white, and shall not
extend more than 3" above the ankle bone.
1023.3.12 SPECIALIZED UNIT UNIFORMS
The uniforms worn by the special response units such as Canine Team, SWAT, SERT and EOD
must be approved by Executive Staff and will be used by assigned personnel as designated by
Unit Commander(s).
The following Class C EOD uniform is authorized:
1. 5.11 Tactical Pant 100% Cotton #74251; black or OD green in color.
2. 5.11 Tactical Shirt 100% Cotton #72157; black or OD green in color.
1023.3.13 FOUL WEATHER GEAR
The Training Unit issues authorized reversible (black/safety orange) raincoats to all employees
who need on-duty rain protection. The garments shall be worn with the black side exposed with
Sheriff's reflective stencil on the back.
A. Optional
1. Employees are authorized to purchase and wear alternate rain gear for official
use. The following rain gear is approved for purchase:
(a) Blauer#9691, 32" (hip/thigh-length), featherweight, reversible (black and
fluorescent yellow), raincoat with Sheriffs reflective stencil on the back.
(b) Blauer#9680, 47" (3/4 length—knee), featherweight, reversible(black and
fluorescent yellow) raincoat with Sheriff's reflective stencil on the back.
(c) Blauer# 9134, Gore-Tex featherweight rain pants in black.
1023.4 INSIGNIA AND PATCHES
A. Shoulder Patches
1. The authorized shoulder patch authorized by the Office shall be machine
stitched to the sleeves of all uniform shirts and jackets, one-half of an inch below
the shoulder seam of the shirt and be bisected by the crease in the sleeve.
B. Service Stripes
1. Service stripes indicate length of service and may be worn on long sleeved shirts.
They are to be machine stitched onto the uniform. The bottom of the service
stripe shall be sewn the width of one and one-half inches above the cuff seam
with the rear of the service stripes sewn on the dress of the sleeve. The stripes
are to be worn on the left sleeve only.
C. Nameplate
1. The regulation nameplate, or an authorized sewn on cloth nameplate, shall be
worn at all times while in uniform. The nameplate shall display the employee's
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first initial and last name. The nameplate shall be worn and placed above the
right pocket located in the middle, above the top pocket seam, bisected by the
pressed shirt seam, with equal distance from both sides of the nameplate to the
outer edge of the pocket.
2. When a jacket is worn, the nameplate or an authorized sewn on cloth nameplate
shall be affixed to the jacket in the same manner as the uniform.
D. Assignment Insignias
1. Assignment insignias, (SWAT, FTO, etc.) may be worn as designated by the
Sheriff.
E. Flag Pin
1. A flag pin may be worn in accordance with the Office Standard Operating
Procedures Manual.
F. Badge
1. The office issued badge, or an authorized sewn on cloth replica, must be worn
and visible at all times while in uniform.
G. Rank Insignia
1. The designated insignia indicating the employee's rank must be worn at all times
while in uniform. The Sheriff may authorize exceptions.
1023.4.1 MOURNING BAND
Uniformed employees shall wear a black mourning band across the uniform badge whenever a
law enforcement officer is killed in the line of duty or as otherwise directed by the Sheriff. The
mourning periods are from date of loss to sunset the day of the burial. The appropriate course
of wear is from top left to bottom right as you wear the badge. The Mourning Band may also be
authorized at the discretion of the Sheriff.
1023.5 CIVILIAN ATTIRE
There are assignments within the Office that do not require the wearing of a uniform because
recognition and authority are not essential to their function. There are also assignments in which
the wearing of civilian attire is necessary.
(a) All employees shall wear professional business attire that fits properly, is clean and
free of stains, and not damaged or excessively worn.
(b) All male administrative, investigative and support personnel who elect to wear civilian
clothing to work shall wear button style shirts with a collar, slacks or suits that are
moderate in style.
(c) All female administrative, investigative, and support personnel who elect to wear
civilian clothes to work shall wear dresses, slacks, shirts, blouses, or suits which are
moderate in style.
(d) The following items shall not be worn on duty:
1. T-shirt alone.
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2. Open toed sandals or thongs.
3. Swimsuit, tube tops, or halter-tops.
4. Spandex type pants or see-through clothing.
5. Distasteful printed slogans, buttons or pins.
(e) Variations from this order are allowed at the discretion of the Sheriff or designee when
the employee's assignment or current task is not conducive to the wearing of such
clothing.
(f) No item of civilian attire may be worn on duty that would adversely affect the reputation
of the Fresno County Sheriff's Office or the morale of the employees.
1023.6 POLITICAL ACTIVITIES, ENDORSEMENTS, AND ADVERTISEMENTS
Unless specifically authorized by the Sheriff, Fresno County Sheriff's Office employees may not
wear any part of the uniform, be photographed wearing any part of the uniform, utilize a office
badge, patch or other official insignia, or cause to be posted, published, or displayed, the image
of another employee, or identify himself/herself as an employee of the Fresno County Sheriffs
Office to do any of the following (Government Code § 3206 and Government Code 3302):
(a) Endorse, support, oppose, or contradict any political campaign or initiative.
(b) Endorse, support, oppose, or contradict any social issue, cause, or religion.
(c) Endorse, support, or oppose, any product, service, company or other commercial
entity.
(d) Appear in any commercial, social, or non-profit publication, or any motion picture, film,
video, public broadcast, or any website.
1023.7 OPTIONAL EQUIPMENT - MAINTENANCE, AND REPLACEMENT
(a) Any of the items listed as optional shall be purchased totally at the expense of the
employee. No part of the purchase cost shall be offset by the Office for the cost of
providing the Office issued item.
(b) Maintenance of optional items shall be the financial responsibility of the purchasing
employee. For example, repairs due to normal wear and tear.
(c) Replacement of items listed as optional shall be done as follows:
1. When the item is no longer functional because of normal wear and tear, the
employee bears the full cost of replacement.
2. When the item is no longer functional because of damage in the course of
the employee's duties, it shall be replaced following the procedures for the
replacement of damaged personal property(see the Office Owned and Personal
Property Policy).
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1023.7.1 RETIREE BADGES
The Sheriff may issue identification in the form of a badge, insignia, emblem, device, label,
certificate, card or writing that clearly states the person has honorably retired from the Fresno
County Sheriff's Office.This identification is separate and distinct from the identification authorized
by Penal Code § 25455 and referenced in the Retired Deputy CCW Endorsement Policy in this
manual.
1023.7.2 LOAD BEARING VEST
Deputy Sheriffs are authorized to purchase a load bearing vest at their own expense.
1. The following brands are authorized:
(a) BPS Tactical Fresno County Vest #FCSOT (tan in color).
(b) Safariland Ballistic Carrier with front concealed zipper and molle attachment
points (tan dune in color).
2. The load bearing vest will be tan in color. All straps and pockets will also be matching
tan in color.
3. The vests will have the military-creases (piping) on the exterior of the rear (back)
panel.
4. Members wearing a Class B uniform are not allowed to wear a firearm thigh holster.
5. Standard approved safety equipment normally worn on a duty belt can be carried on
the load bearing vest with the exception of firearms and tasers.
6. The load bearing vest shall be clean and maintained in good working order by the
member.
7. If a load bearing vest is worn, one of the following long sleeve or short sleeve
undershirts shall be worn:
(a) Elbeco LIV 1 undervest shirt (75% polyester and 25% wool); tan in color.
(b) Flying cross undervest shirt (65%polyester and 35% cotton); tan in color.
(c) Class B uniform shirt.
1023.7.3 POLO SHIRTS
All personnel are authorized to purchase short sleeve polo shirts that carry the Fresno County
Sheriffs Office badge logo.
The following are the only authorized shirt specifications:
A. Shirt Manufactures:
1. Propper- Performance Polo and Classic Polo.
2. Cornerstone - Select Snag-Proof Tactical Polo and EZCotton Tactical Polo.
3. 5.11.
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4. Vertx.
B. Shirt Colors
1. L.E. green.
2. tan, black (range red for Training Unit only).
C. Embroidery Color- Madeira Thread 100% Polyester Poly Neon Thread
1. Blue Water: #1797.
2. Blue Sky: #1932.
3. OD Green Mountains: #1796.
4. Cape: #1747.
5. Staff and Shield detail: #1624.
6. Face and Sails: #1682.
7. Bear: #1857.
8. Black outline and Ship: #1800.
9. Gold Star: #1624.
D. Lettering
1. Green, black and red shirts #1624.
2. Lettering:(tan shirt) #1795.
E. Embroidery
1. Insignia: "Fresno County Sheriff's Office" on one line curved over the Sheriff's
star on left chest area. Block lettering font. Font size shall be Helsinki 28.
2. The Sheriff's star will measure 2 3/4" vertically and 2 3/8" horizontally. The
distance between the top of the lettering above the star and the bottom of the
star will be 4".
3. Name
(a) The first initial and last name on the right chest area is mandatory.
Nicknames or other personal designations such as "Instructor" or
"Rangemaster" are not authorized. The name font size shall be Helsinki
35.
4. Rank
(a) Rank designation is optional. Rankwill be located either preceding the first
initial or centered above the name.
5. Unit Information
(a) Unit names below the Sheriff star are optional and must be approved by
the Bureau Commander. All lettering will be the same size and style as
that on the insignia.
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F. Wear
1. The polo shirt shall not be worn on duty by sworn personnel as a substitute for or
in conjunction with normal class A or B uniforms. Civilian and sworn personnel
(non-uniformed)may wear the shirt while on duty in conjunction with proper attire
if approved by the Bureau Commander. Examples include:Crime Scene Unit
Technicians, Crime Lab Personnel, Training Unit staff, Dispatchers, Property &
Evidence staff, Business Office staff, Inmate Programs, etc.
G. Disposal
1. Obsolete, worn, damaged, or unwanted shirts shall be disposed of properly
to ensure they do not become available to the general public. Any markings
or identification sewn onto the shirt which would identify it as belonging to an
individual or as a Fresno County Sheriff's Office uniform shall be removed before
disposal. The shirt shall be rendered unserviceable by burning, tearing, cutting,
etc., and shall not be merely thrown in the trash without taking such precautions
first. In addition, the shirt shall not be donated to relief agencies (Goodwill,
Salvation Army, etc.), sold to retail or consignment stores for further resale to the
public, nor provided to any organization for any purpose, regardless of whether
the intent is noble.
The shirt may be worn by all personnel when off duty in a professional manner that does not bring
discredit upon themselves or the Sheriff's Office.
Deviations from the above are not authorized.Any employee who is in doubt as to what is allowable
on the shirt or under what circumstances they may wear the shirt should contact their Bureau
Commander for clarification before they purchase or wear the shirt.
1023.7.4 RAID VEST
The Raid Vest is an issued garment to be worn at the direction of the supervisor, or during
emergency situations when rapid identification is vital. The vest shall not be worn in conjunction
with any uniform.
A. RAID VEST
1. The vest is OD/forest green in color.
2. Sheriff Patch
(a) A rectangular (approximately 6" by 12") "SHERIFF" patch shall be
attached to the back, across the shoulder blades.
3. Badge
(a) The authorized badge patch shall be centered above the upper left pocket,
with the bottom of the patch approximately 1" above the top of the pocket.
Garments without pockets will have the patch located in the area of the
upper left breast.
4. PROTECTIVE VEST
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Uniform Regulations
(a) See applicable Body Armor/Stab Vest Policies for usage guidelines.
1023.8 UNAUTHORIZED UNIFORMS, EQUIPMENT AND ACCESSORIES
Fresno County Sheriff's Office employees may not wear any uniform item, accessory or
attachment unless specifically authorized in the Office Standard Operating Procedures Manual or
by the Sheriff or designee.
Fresno County Sheriff's Office employees may not use or carry any safety item, tool or other piece
of equipment unless specifically authorized in the Office Standard Operating Procedures Manual
or by the Sheriff or designee.
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PolicyFresno County Sheriff's Office
' Policy Manual
Nepotism and Conflicting Relationships
1025.1 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.
1025.1.1 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.
1025.2 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.
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Nepotism and Conflicting Relationships
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.
1025.2.1 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.
1025.2.2 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.
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PolicyFresno County Sheriff's Office
' • Policy Manual
Office Badges
1026.1 PURPOSE AND SCOPE
The Fresno County Sheriffs Office badge and uniform patch as well as the likeness of these items
and the name of the Fresno County Sheriffs Office are property of the Office and their use shall
be restricted as set forth in this policy.
1026.2 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.
1026.2.1 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.
1026.2.2 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.
1026.2.3 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.
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Office Badges
1026.3 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.
1026.4 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.
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PolicyFresno County Sheriff's Office
1028 Policy Manual
Member Speech, Expression and Social
Networking
1028.1 PURPOSE AND SCOPE
THIS POLICY HAS BEEN REMOVED FROM THIS MANUAL FOR FURTHER EDITING AND
APPLICATION.
1028.1.1 APPLICABILITY
1028.2 POLICY
1028.3 SAFETY
1028.4 PROHIBITED SPEECH, EXPRESSION AND CONDUCT
1028.4.1 UNAUTHORIZED ENDORSEMENTS AND ADVERTISEMENTS
1028.5 PRIVACY EXPECTATION
1028.6 CONSIDERATIONS
1028.7 TRAINING
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PolicyFresno County Sheriff's Office
' Policy Manual
Illness and Injury Prevention
1029.1 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.
1029.2 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.
1029.3 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.
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Illness and Injury Prevention
(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).
1029.4 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) Access to the illness and injury prevention plan to members or their
representatives as set forth in 8 CCR 3203.
(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)
5. Hazards associated with wildfire smoke (8 CCR § 5141.1)
(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.
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Policy Manual
Illness and Injury Prevention
(g) Making available a form to document the safety and health training of each member.
This form will include the member's name or other identifier, training dates, type of
training and training providers.
(h) Conducting and documenting a regular review of the illness and injury prevention plan.
1029.5 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.
1029.6 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.
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Illness and Injury Prevention
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.
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.
1029.7 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.
1029.7.1 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.
1029.8 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.
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Illness and Injury Prevention
1029.9 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.
1029.9.1 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.
Q) 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.
(1) Avoidance of slips and falls.
(m) Good housekeeping and fire prevention.
(n) Other job-specific safety concerns.
1029.10 RECORDS
Records and training documentation relating to illness and injury prevention will be maintained in
accordance with the established records retention schedule.
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Published with permission by Fresno County Sheriff's Office
PolicyFresno County Sheriff's Office
1030
Policy Manual
Assigned, Mandatory & Voluntary Overtime
Procedures - Unit 1
1030.1 PURPOSE
The purpose of this policy is to establish and maintain uniform guidelines for the scheduling of
overtime.
1030.2 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.
1030.3 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 hour 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.
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Policy Manual
Assigned, Mandatory & Voluntary Overtime Procedures - Unit 1
(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.
Q) If a mandatory patrol overtime shift is canceled, the supervisor canceling
the shift shall note a reason for the cancellation in the notation section of
the work code.
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.
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Assigned, Mandatory & Voluntary Overtime Procedures - Unit 1
(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 1 st.
(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
Sheriffs 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 1 st - December 31 st.
(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 31 st 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.
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Assigned, Mandatory & Voluntary Overtime Procedures - Unit 1
(d) Voluntary patrol overtime hours do not carry over into the next six-month
period.
(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 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
Sheriffs 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:
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Fresno County Sheriff's Office
Policy Manual
Assigned, Mandatory & Voluntary Overtime Procedures - Unit 1
(a) Patrol Deputy Sheriffs (including Fig Garden, San Joaquin, school and
other contracts)
(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
Q) Elder Abuse Detectives
(k) Missing Person Detectives
(I) 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
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Published with permission by Fresno County Sheriff's Office Procedures-Unit 1 -638
Fresno County Sheriff's Office
Policy Manual
Assigned, Mandatory & Voluntary Overtime Procedures - Unit 1
(f) Air Support Deputies
(g) Deputy Sheriffs assigned to the Courts
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 1 st - December 31 st).
(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.
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Published with permission by Fresno County Sheriff's Office Procedures-Unit 1 -639
Fresno County Sheriff's Office
Policy Manual
Assigned, Mandatory & Voluntary Overtime Procedures - Unit 1
(b) Deputy Sheriffs will be notified of a voluntary overtime shift via email or at
login into WorkForce Telestaff.
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 within sixty (60)
days 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.
Copyright Lexipol,LLC 2020/12/30,All Rights Reserved. Assigned, Mandatory&Voluntary Overtime
Published with permission by Fresno County Sheriff's Office Procedures-Unit 1 -640
Fresno County Sheriff's Office
Policy Manual
Assigned, Mandatory & Voluntary Overtime Procedures - Unit 1
(d) Preferred Staffing for patrol is as follows, unless otherwise agreed upon between
the Patrol Bureau Captain and the Fresno Deputy Sheriff's Association:
Preferred Area 1 Area 2 Area 3 Area 4
Staff iiiin
Watch, 1 4 5 5 4
Watch, 2 4 T 4
Watch, 3 4 T' 4
(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 not count K-9 Deputy Sheriffs as part of preferred staffing.
Copyright Lexipol,LLC 2020/12/30,All Rights Reserved. Assigned, Mandatory&Voluntary Overtime
Published with permission by Fresno County Sheriff's Office Procedures-Unit 1 -641
Fresno County Sheriffs Office Policy Manual
Policy Manual
Attachments
Copyright Lexipol,LLC 2020/12/30,All Rights Reserved. Attachments-642
Published with permission by Fresno County Sheriff's Office
Attachment Fresno County Sheriffs Office Policy Manual
Policy Manual
Standing Order 19-01 - SITF Firearms.pdf
Copyright Lexipol,LLC 2020/12/30,all Rights Reserved. Standing Order 19-01 -SITF Firearms.pdf-
Published with permission by Fresno County Sheriff's Office 643
Attachment Fresno County Sheriffs Office Policy Manual
Policy Manual
Award diagram.PNG
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Published with permission by Fresno County Sheriff's Office
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Attachment Fresno County Sheriffs Office Policy Manual
Policy Manual
Time Card Computation Chart.pdf
Copyright Lexipol,LLC 2020/12/30,All Rights Reserved. Time Card Computation Chart.pdf-646
Published with permission by Fresno County Sheriff's Office
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Attachment Fresno County Sheriffs Office Policy Manual
Policy Manual
Exposure BBPE Flow Chart - Revised 2.6.19.pdf
Copyright Lexipol,LLC 2020/12/30,All Rights Reserved. Exposure BBPE Flow Chart-Revised
Published with permission by Fresno County Sheriff's Office 2.6.19.pdf-647
Attachment Fresno County Sheriffs Office Policy Manual
Policy Manual
Lexipol 314 - Policy Acknowledgement.pdf
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Published with permission by Fresno County Sheriff's Office 648
Attachment Fresno County Sheriffs Office Policy Manual
Policy Manual
Assignment Preference Resume.pdf
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Published with permission by Fresno County Sheriff's Office
Attachment Fresno County Sheriffs Office Policy Manual
Policy Manual
image2821 .pdf
Copyright Lexipol,LLC 2020/12/30,All Rights Reserved. Image2821.pdf-650
Published with permission by Fresno County Sheriff's Office
PERSONNEL RULE 8 - MEDICAL EXAMINATIONS
The County's medical examination program is under the overall administrative direction of the
Director of Human Resources who makes decisions and takes actions based upon individual
medical evaluations, findings, and opinions of California licensed physicians, health care providers
or mental health professionals as consulted.
8010 Medical Examinations (Physical and/or Psychological):
8011 Purpose: Examinations are administered to insure insofar as possible that: 1) An
individual is medically qualified to perform effectively the essential functions of a
position in a specific job classification; and 2) An individual, in performing a
position's duties, does not present a hazard to the health and safety of self, co-
workers, or the public.
8012 Classified and Unclassified Permanent Positions Covered: The medical
examination program applies to all permanent positions in both the classified and
unclassified service. Additionally, under certain specific situations, medical
examinations may also be administered for extra-help positions.
8020 Medical Examination Required - Scheduling:
8021 New Employee (Ref: Personnel Rule 4): All persons selected for prospective
employment within certain job classifications will be required to complete a pre-
employment medical history form, as well as undergo a medical examination for the
appropriate medical group description prior to beginning work.
In cases of emergency, the Director of Human Resources may authorize
employment prior to the medical examination. In these instances, continued
employment is conditioned upon Department of Human Resources approval after
review of the medical examination results.
8022 Present Employees: Employees moving to positions in Medical Group III, IV, or V
descriptions will be required to successfully complete a medical examination for the
higher group description.
8023 Periodic - Safety Officer: Employees in Safety Officer positions are required to be
medically examined periodically: Employees 45 years of age and older, annually;
under 45, each third year after employment.
The employee and the employee's department head shall be notified in writing as to
whether the employee is medically qualified for continued duty. Any physical
deficiencies which are correctable, must be remedied within a reasonable period of
time. Failure to complete the medical exam or to take corrective action as indicated
subjects the employee to disciplinary action consideration as specified in Section
10077 of Rule 10.
8-1 6/6116
8024 Special Compulsory:
8024.1 if a Department Head believes that an employee has difficulty performing
effectively in the assigned duties and functions of the job due to physical
or mental reasons, he or she may submit a written request for a special
compulsory medical examination to the Director of Human Resources.
The written request shall set forth specific reasons explaining the
Department Head's belief that the examination is necessary.
8024.2 If the Director of Human Resources approves the request, the employee
shall be served with a proposed order compelling the employee to
undergo a medical examination. This proposed order shall contain a
statement in ordinary and concise language of the basis for the
conclusion that a medical examination is warranted; this statement may
be made by reference to the written request provided by the Department
Head.
8024.3 The proposed Order for Compulsory Exam shall be served on the
employee with a notice informing the employee that the Director of
Human Resources intends to impose the Order on the employee. The
employee shall be provided with copies of all documents on which the
Director relied in determining the appropriateness of a compulsory
medical exam. The notice shall also provide the employee with a date
and time to meet with the Director regarding the intended Order. This
meeting shall be held not less than five business days after service of the
notice and proposed order. The purpose of this meeting shall be to give
the employee an opportunity to refute the factual basis for concluding an
examination is warranted.
If an employee is served with an order for compulsory exam and fails to
comply with such order, the employee may be subject to disciplinary
action by the Department Head.
8024.4 Where a compulsory medical examination is ordered, and the
Department Head has provided information that the employee's physical
or mental condition presents a hazard to the employee or others, the
employee may be reassigned or placed on administrative leave with pay
pending the results of the compulsory medical exam. In such case, the
Order for Compulsory Medical Exam shall also state that the employee is
being reassigned or placed on administrative leave with pay and provide
the factual basis for this action. The employee shall have the opportunity
to refute this factual basis at the meeting referenced in 8024.3.
8-2 6/6/16
8024.5 If, after the compulsory medical exam, it is determined that the employee
does not meet the medical standards for the position, the employee may
be reassigned, placed on compulsory leave (the employee shall not be
paid his or her regular salary but shall be entitled to use accumulated
vacation, sick or annual leave before being placed on leave without pay),
dismissed or be subject to other appropriate action such as submission
of an application for retirement on behalf of the employee. if the
employee is placed on compulsory leave, the employee shall be first
provided with a proposed order for compulsory leave and a notice
informing the employee of the date and time of a meeting with the
Director of Human Resources. The proposed order shall contain a
statement in simple and concise language setting forth the basis for the
Director's conclusion that the employee is unfit for duty. The employee
shall be provided with copies of all documents on which the Director
relied in making this determination. The meeting with the Director shall
be held not less than five business days after service of the notice,
proposed order and supporting documentation.
8024.6 An employee ordered to undergo a compulsory medical examination
shall be entitled to appeal such order to the Civil Service Commission
pursuant to Personnel Rule 1041.1, The purpose of such a hearing is to
determine whether the Department Head and the Director of Human
Resources complied with the procedural requirements for such an order
and whether there was a reasonable basis for concluding that the
employee is unfit for duty.
8030 Medical Group Descriptions and Medical Standards and their Application: Each class of
position is assigned by the Director of Human Resources to one of five medical group
descriptions based upon the usual working conditions and duties of positions in the class of
position. The medical examinations shall utilize the appropriate medical group description
information in applying the medical standards to an individual examinee. The written
medical standards and elements of the examination are established by the County taking
into consideration the recommendations of the County Health Officer, and may include,
among other things, use of other State or Federal medical standards (e.g., Peace Office
Training Standards, Board of Corrections, etc.). Specific medical examinations are not
restricted to the established written standards; but in all instances are expected to take into
consideration the usual or known physical and mental demands of the position class.
Following are the medical group descriptions and the general distinguishing criteria:
8031 MEDICAL GROUP I - Light Physical Activity: This group includes positions which
require only light physical effort and may include lifting of small, light objects and
some bending, stooping, squatting, twisting, and reaching. Considerable walking or
standing may be involved.
8032 MEDICAL GROUP it - Moderate Physical Activity: This group includes positions
which require moderate physical effort using arms, legs, back, and trunk in frequent
lifting, pushing or pulling of objects weighing (or offering resistance equivalent to)
10-25 pounds, and occasionally over 25 pounds. Generally, bending, stooping,
squatting, twisting, reaching, as well as standing and walking are involved.
8-3 6/6/16
8033 MEDICAL GROUP III - Heavy Physical Activity: This group includes positions which
require heavy physical effort using arms, legs, back and trunk in frequent lifting,
pushing, or pulling objects weighing (or offering resistance equivalent to) over 25
pounds. Generally, considerable bending, stooping, squatting, twisting, reaching, as
well as standing and walking are involved. Physical stamina is usually required and
explosive strength using bursts of energy may be required, depending upon specific
position assignments.
8034 MEDICAL GROUP IV- Safety Officer: This group includes law enforcement
positions which are covered by the Safety Officer provisions of the County's
retirement plan. Sound physical condition in all respects is required because of
exposure to and need to counteract and control, violent action or behavior. Heavy
physical activity as described in Medical Group III may be encountered occasionally
to frequently depending upon specific assignments and emergency situations.
8035 MEDICAL GROUP V- Safety Officer(Sworn): This group includes law enforcement
positions which are covered by the Safety Officer provisions of the County's
retirement plan. The same physical fitness requirements exist as for Group IV.
However, positions in Group V are exposed more frequently to hostile environments
in which heavy physical demands such as running, jumping, and climbing occur.
Also, positions in Group V more frequently are involved in situations in which the
incumbent must be able to handle specific physical actions individually without
immediate assistance.
8040 Reasonable Accommodation: When, in the opinion of the Director of Human Resources, it
would not impose an undue hardship on the County, every effort shall be made to provide
reasonable accommodation to the known physical or mental limitations of a qualified
PY q
individual with a disability. The terms reasonable accommodation and qualified individual
with a disability" are used herein as defined in compliance regulations pertaining to the
Americans with Disabilities Act (ADA) and the Fair Employment and Housing Act (FEHA),
8050 Appeals (Medical Examinations Other Than Special Compulsory):
8051 Only Basis for Appeal: An individual who is disqualified in the County's medical
examination may appeal only on a supported claim that the individual does in fact
meet the medical standards for the class of position in which employment was
being considered, and is, therefore, medically qualified. The claim must be
supported by presentation of medical evidence supplied by a California licensed
physician, health care provider or mental health professional.
8052 Appeal Procedure: A medically disqualified person in order to file an appeal, must
submit it to the Director of Human Resources in writing within ten (10) working days
after the date the disqualification notice was mailed. The appeal must specify the
reasons why the individual feels he or she meets the County's medical standards
for the class of position. Medical evidence as noted in 8051 must accompany the
appeal or a.date specified, by which, in the reasonably near future the individual will
supply the supportive medical evidence.
8-4 6/6/16
8053 Appeal_Resolution: After reviewing the appeal along with the individual's medical
examination records, the Director of Human Resources may:
8053.1 Reject the Appeal: The Director of Human Resources will notify the
appellant in writing as to the reasons for upholding the rejection.
t
8053.2 Re-examination: Require re-examination by an independent California
licensed physician, health care provider or mental health professional.
The findings of these licensed professionals will be submitted to the
Director of Human Resources who after considering them, will render a
written decision and the reasons therefore to the appellant.
8053.2 Refer to a Medical Review Board for Evaluation: A medical review board
ordinarily consists of three (3) licensed physicians, health care providers
or mental health professionals, as selected by the Director of Human
Resources for a specific appeal situation. Information about the duties,
responsibilities, physical demands and working conditions of the position
in question will be supplied the review board. In addition, the board will
have access to the properly released medical records of the appellant
and may conduct its own medical examinations if deemed necessary.
The medical review board will submit its findings to the Director of
Human Resources who, after considering them, will render a written
decision and reasons therefore to the appellant.
8-5 616116
Attachment Fresno County Sheriffs Office Policy Manual
Policy Manual
Standing Order 19-01 .pdf
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Published with permission by Fresno County Sheriff's Office
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: Lexi of 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/or' their Office approved primary/"back-up" weapon
[individually purchased by the Office member back-up/off-duty weaponl 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.
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 Sheriffs Office Policy Manual
Policy Manual
CITATIONS C-220.pdf
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Published with permission by Fresno County Sheriff's Office
Attachment Fresno County Sheriffs Office Policy Manual
Policy Manual
Communicable Disease
Exposure Report rev 1 .16.18.pdf
Copyright Lexipol,LLC 2020/12/30,all Rights Reserved. Communicable Disease Exposure Report rev
Published with permission by Fresno County Sheriff's Office 1.16.18.pdf-653
Attachment Fresno County Sheriffs Office Policy Manual
Policy Manual
PSD-RM 201 -- Employee Hazard Report.pdf
Copyright Lexipol,LLC 2020/12/30,all Rights Reserved. PSD-RM 201 --Employee Hazard Report.pdf-
Published with permission by Fresno County Sheriff's Office 654
co
EMPLOYEE
a HAZARD REPORT
TO: DATE SUBMITTED:
(Name of Supervisor)
(Dept. or Division)
I WOULD LIKE TO REPORT WHAT I BELIEVE TO BE A HAZARD THAT COULD CAUSE EMPLOYEE
INJURY/ILLNESS/DEATH, DAMAGE TO COUNTY PROPERTY, OR INJURY/ACCIDENT TO A PUBLIC
PATRON ON COUNTY PROPERTY.
HAZARD IS: (Describe hazard in detail, including exact location.)
If more space is needed, press the TAB key and answer YES—to automatically move to the appropriate area on Page 2
1 SUGGEST THE FOLLOWING CORRECTIVE ACTION:
If more space is needed, press the TAB key and answer YES—to automatically move to the appropriate area on Page 2
SIGNED: Dept. or Division:
(Signature)Optional
(For Supervisor Use Only)
RECORD YOUR ANALYSIS AND/OR CORRECTIVE ACTION TAKEN IN 5 DAYS:
If more space is needed, press the TAB key and answer YES—to automatically move to the appropriate area on Page 2
(Date) Supervisor's Signature
SEND COMPLETED REPORT WITH CORRECTIVE ACTION TO: COUNTY SAFETY OFFICER—STOP 188
I1 111°IOR"I""A S1111?.III [)IS IIIIII tJ""I""II0 III III lli..O ' OI 1111?.'i III ill OF CORIII111 llS AN[)
...........................................................
[)a S""I III"ZIII111'iiittJ""I""Illll'i'il OCCORII[a11111NGli... .
Distribution Original -County Safety Officer-Stop 188 One Copy-Completed Report To Employee
One Copy- Department Safety Coordinator One Copy- Department File
PSD-RM 201(Version 03-23-06)
Page 2
co
EMPLOYEE
a HAZARD REPORT
HAZARD IS: (Describe hazard in detail, including exact location. Use other side if necessary.):
When all information is completed, press TAB to return to the next part of the form on Page 1
1 SUGGEST THE FOLLOWING CORRECTIVE ACTION:
When all information is completed, press TAB to return to the next part of the form on Page 1
RECORD YOUR ANALYSIS AND/OR CORRECTIVE ACTION TAKEN IN 5 DAYS:
When all information is completed, press TAB to return to the next part of the form on Page 1
PSD-RM 201(Version 03-23-06)
Attachment Fresno County Sheriffs Office Policy Manual
Policy Manual
Safety Inspection Report.pdf
Copyright Lexipol,LLC 2020/12/30,All Rights Reserved. Safety Inspection Report.pdf-655
Published with permission by Fresno County Sheriff's Office
SAFETY INSPECTION REPORT
w
The purpose of this report is to help you identify and correct unsafe work practices (acts)and conditions
before an accident occurs. Begin each inspection by making safety observations. Then, conduct a thorough inspection
utilizing this checklist. Be sure to follow up on all items needing action.
Use the space below for general safety observations. Look for unsafe behaviors and note them here. Remember, more
than 80% of all accidents are caused by unsafe acts of personnel. When unsafe acts are observed, the situation should
be corrected immediately.
Administrative: OX Action Comments
Needed
Cal/OSHA poster conspicuous) displayed? ❑ ❑
Cal/OSHA record keeping requirements met? ❑ ❑
Current workers comp posters displayed? ❑ ❑
Availability and location of IIPP is posted? ❑ ❑
Copy of the Emergency Action Plan is posted? ❑ ❑
List of the First Responders for the building is posted? ❑ ❑
The hazardous inventory list is posted and up to date? ❑ ❑
Material Safety Data Sheets are accessible to all ❑ ❑
employees?
Employee Hazard Reports displayed on safety bulletin ❑ ❑
boards?
Workers trained prior to new unfamiliar tasks? ❑ ❑
Material Handling:
Employees trained in proper lifting methods? I ❑ I ❑
Materials stored to prevent overreaching? I ❑ I ❑
Housekeeping:
Walkways clear of obstruction (boxes, paper, water ❑ ❑
bottles, personal belongings, etc.)?
Employees clean up as the o? ❑ ❑
Boxes and paper are stacked to prevent tipping? ❑ ❑
Lights have protective covering in place? ❑ ❑
Doors on filing cabinets and shelves closed? ❑ I ❑
Ceiling tiles free of water stains? ❑ I ❑
Floors:
Walking and working surfaces kept clear? ❑ ❑
Spilled materials cleaned up immediately? ❑ ❑
Floors in good condition? ❑ ❑
Stairs:
Lighting adequate? ❑ ❑
Doors to stairs are kept closed at all times? ❑ I ❑
Non-Slip surface? ❑ I ❑
Handrails secure? ❑ I ❑
First Aid:
Fully stocked first aid kit? ❑ ❑
Approved First Aid check list is in the first aid kit? ❑ I ❑
Emergency telephone numbers posted? ❑ ❑
First responders trained in CPR&first aid? ❑ I ❑
First aid poster posted on safety bulletin board? ❑ ❑
Emergency Action Plan:
Written; covers fire and other emergencies? ❑ ❑
PSD-RM-202
Revised 11/7/05 1
Maps of the facility showing location of exits and fire ❑ ❑
extinguishers are posted?
Employees designated and trained to implement plan? ❑ ❑
Fire Protection:
Fire Extinguishers inspected monthly and tag on the ❑ ❑
extinguisher marked to show inspection was done?
Fire extinguishers are mounted, have appropriate ❑ ❑
si na e, and are kept free of obstructions around it?
Items not stacked closer than 18 inches from sprinkler ❑ ❑
heads or over head light fixtures?
Lobby and corridors are free of combustible material ❑ ❑
boxes, paper posted on walls, etc.)?
Self closing doors are kept closed? ❑ ❑
Pull alarm stations, fire warning indicators are ❑ ❑
accessible and not blocked?
Candles and space heaters are not being used? ❑ ❑
First Responders trained annually on fire extinguisher ❑ ❑
use?
Employees instructed in fire protection procedures? ❑ ❑
Egress:
Exits clearly marked? ❑ ❑
Exits accessible and not blocked by anything? ❑ I ❑
Exit doors unlocked? ❑ I ❑
Use this space to list additional items specific to your operations. Use an additional sheet to continue your list if you run
out of space.
Location of Inspection:
Inspection Conducted By: Date:
Reviewed By: Date:
PSD-RM-202
Revised 11/7/05 2
Attachment Fresno County Sheriffs Office Policy Manual
Policy Manual
BCIA8371 .pdf
Copyright Lexipol,LLC 2020/12/30,All Rights Reserved. BCIA8371.pdf-656
Published with permission by Fresno County Sheriff's Office
Attachment Fresno County Sheriffs Office Policy Manual
Policy Manual
AG-Rap id-Response-Team-Protocol.pdf
Copyright Lexipol,LLC 2020/12/30,All Rights Reserved. AG-Rapid-Response-Team-Protocol.pdf-657
Published with permission by Fresno County Sheriff's Office
1 ,
State of California
Office of the Attorney General
Xavier Becerra
Attorney General
��"ie .. .Il..11 o ii,ilµi &I'i&- I II e it ii ii'r e ,, ii S ,, Ct irI e ii r
Protocol for Deployment of Department of Justice Resources
State ll cell"'fit of iqpose
The Attorney General is the chief law officer of the State. It is his duty to see that the laws of the
State are uniformly and adequately enforced. (Cal Const., art. V, § 13 J Because crimes motivated
by hate are not just attacks on individual innocent people, but attacks on the entire State and our
communities, the California Department of justice (Department) will direct the deployment of the
full resources of the Department to aid and assist local and federal law enforcement authorities
in the investigation of possible hate crimes, and in the identification, arrest, prosecution, and
conviction of the perpetrators of those crimes.
In order to ensure that the perpetrators of hate crimes are quickly identified and apprehended
Attorney General Xavier Becerra reaffirms this protocol for the Attorney General's Hate Crime
Rapid Response Team. The team shall be composed of employees of the Department of justice
who perform functions within the Department that, if rapidly deployed, may assist local and
federal law enforcement authorities in the identification, arrest, prosecution, and conviction of the
perpetrators of hate crimes. The team shall be on call at all times.
The Attorney General's Hate Crime Rapid Response Team does not supplant the efforts of local
and federal law enforcement authorities with respect to the investigation and prosecution of
hate crimes. It is the Attorney General's intent that those agencies have access to, on a highest of
priorities basis, the full resources of the Department of justice at their disposal. He believes that
through a strong cooperative and team effort, state, local, and federal law enforcement agencies
will be in the best position to quickly and decisively respond to the commission of a hate crime
in California.
u,. Il o irs of, t h e IlRl II i d IlRl o s 11 o n s o I o u,.
The Rapid Response Team shall consist of the Chief Deputy to the Attorney General, the Chief of
the Division of Legal Affairs, the Chief of the Division of Law Enforcement, the Assistant Chief of the
Division of Law Enforcement, the Director of the Bureau of Investigation, the Chief of the Division
13 00 I a 1 l"l eI hl.11 I(° 1 0 a, )ar rai"i,.11 In Io, C,aI1 I(:i,nY a 1,1oI'l i,! 3�Y
of Criminal Justice Information Services, the Chief Assistant Attorney General of the Division of
Criminal Law, the Senior Assistant Attorney General of the Civil Rights Enforcement Section within
the Division of Public Rights and the Manager of the Victims' Services Unit within the Division of
Criminal Law.
""vents Quajifying foir K elp oyu°snent of, Affoinney Geneiro "s Rlapid lleslponse ..11.e au°ra
While all hate crimes should be investigated and solved, deployment of the Rapid Response
Team shall be focused on those hate crimes that result in or involve any or all of the following:
a) serious bodily injury or death, or appear calculated to cause such;
H acts of arson or attempted arson;
c) use of explosives; and/or
d) a mass casualty incident, or any action appeared calculated to trigger a mass
casualty incident.
The occurrence of such a crime may qualify as a "triggering event."
Ili~ndiiviiduua a s Authorized to IDedaire Occurrence of �ll�iriiggeiriiii~ng Il�:�':""�:"veint
The Attorney General or the Chief Deputy to the Attorney General shall have authority to declare
that a triggering event has occurred.
Action to be ll.oIken in IlR)esll oinse to the Occurrence of, ca ll riiUUeiriiitsU Il�:�':""�:"vent
Once a declaration has been made, the Chief of the Division of Law Enforcement, the Assistant
Chief of the Division of Law Enforcement, the Director of the Bureau of Investigation, the Chief
Assistant Attorney General of the Division of Criminal Law, the Chief of the Division of Legal
Affairs and the Chief of the Division of Criminal Justice Information Services, and the Senior
Assistant Attorney General of the Civil Rights Enforcement Section within the Division of Public
Rights shall immediately coordinate and without delay take the following actions:
I. The Division of Law Enforcement — the Chief of the Division of Law Enforcement shall:
A. Contact the local police chief and/or county sheriff and the head of the local office of
the Federal Bureau of Investigation that has responsibility for investigating hate crimes
in the jurisdiction in which the triggering event has occurred, and shall advise them that
the full resources of the Department of justice will be made available to them on the
highest of priorities basis.
B. Notify the Director of the Bureau of Investigation that a triggering event has occurred
and direct the deployment of as many special agents and other relevant staff as necessary
to the scene of the triggering event to assist local and federal authorities, to observe
and evaluate the scene of the triggering event, and to prepare and deliver, within 24
hours of the occurrence of the triggering event, a report to the Attorney General on the
facts and circumstances that are known as of that time. The special agents) and other
Department staff shall also take whatever steps are necessary to assist local and federal
13 00 I al 1':, hl.11I(° 1 0 av )arrai"i,.11 InIo, C,aI1I oi,n1a 1,1oI'l i,! 3�Y
authorities in transporting any physical evidence to the Department of justice laboratories
for analysis if those authorities determine such action is appropriate. The Chief shall
further command the Director to immediately, and not later than 24 hours following a
triggering event, deliver to relevant local and federal law enforcement any and all
intelligence information that might assist those authorities in identifying the perpefrafor(s�.
C. Notify the Director of the Bureau of Forensic Services that a triggering event has
occurred and instruct the Director to give the highest priority to any request for services
that is related to the triggering event.
D. Notify all Criminalist Laboratories that a triggering event has occurred and instruct
the Director to give the highest priority to any request for services that is related to the
triggering event.
E. Notify the Commissioner of the California Highway Patrol that a triggering event has
occurred and request that the Commissioner give the highest priority to any request for
services that is related to the triggering event.
11. The Division of Criminal Justice Information Services — The Chief of the Division of
Criminal justice Information Services shall:
A. Notify the Director of the Bureau of Criminal Identification and Investigative Services
that a triggering event has occurred and instruct the Director to give the highest priority
to any request for services that is related to the triggering event.
B. Notify the Director of the Bureau of Criminal Information and Analysis that a triggering
event has occurred and instruct the Director to give the highest priority to any request
for services that is related to the triggering event.
111. Office of the Attorney General — Upon the occurrence of a triggering event:
A. The Chief of the Division of Legal Affairs shall contact the County District Attorney and
the United States Attorney having jurisdiction for the locale in which the triggering
event has occurred and offer them assistance of the Legal Division of the Office of
Attorney General. This would include, but is not limited to, the services and assistance
of the Division of Criminal Law, the Victims' Services Unit, and Civil Rights Enforcement
Section in the Division of Public Rights. The Chief of the Division of Legal Affairs shall
also direct the Chief Assistant Attorney General of the Division of Criminal Law and
the Senior Assistant Attorney General of the Civil Rights Enforcement Section to each
assign a Deputy Attorney General, who will be available to provide the Rapid Response
Team with legal advice that may be needed in connection with the execution of its
responsibilities.
13 0 0 I a 1 1 J I I(° 1 0 a, ")a r ra i"i,i( In I o, C,a I 1 I o i,n a 1,1 o n 3,! 3
B. The Chief Assistant Attorney General for the Division of Criminal Law shall notify the
Manager of the Victims' Services Unit that a triggering event has occurred. The Manager
shall make immediate contact with the District Attorney's Victim Services Center of the
county in which the triggering event occurred (or any appropriate representative from
the District Attorney's Office, if the county does not have a Victim Services Center, and
shall offer the full services of the Department's Victims' Services Unit. The Senior Assistant
Attorney General of the Civil Rights Enforcement Section shall assist the Manager in
responding to this directive.
ddiitiiondll Sull 11 oiirt and Ouuatu~o a h
When the Department learns of a scheduled or planned event that may result in the increased
possibility of a triggering event, the Chief of the Division of Law Enforcement or his or her designee
may contact the local police chief and/or county sheriff in the impacted area to notify them of
the Department's ability to assist should any such triggering event occur.
13 00 I a 1 1 hl.11 I(° 1 0 av )ar rai"i,.11 In Io, C,aI1 I(:i,nY a 1,1oI'l i,! 3�Y
Attachment Fresno County Sheriffs Office Policy Manual
Policy Manual
Statutes and Legal Requirements.pdf
Copyright Lexipol,LLC 2020/12/30,all Rights Reserved. Statutes and Legal Requirements.pdf-658
Published with permission by Fresno County Sheriff's Office
.............................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................
Statutes aind III,,,,egai Re a hreir in elms
Items listed in this section include sections from the California Penal Code (CPC), Welfare and
Institutions Code (WI) and Government Code (GC).
Definitions
CPC 422.55 - Provides general definition of hate crimes in California.
CPC 422.56- Provides definitions of terms included in hate crimes statutes.
GC 12926- Disability-related definitions applicable to some hate crime statutes.
11::::e1ain1es
.Hate Crimes
CPC 422.7 - Commission of a crime for the purpose of interfering with another's exercise of civil rights.
Related Crimes
CPC 190.2(a)(16) - Homicide penalties related to certain hate crime related acts.
CPC 190.03(a) - Homicide penalties related to certain hate crime related acts.
CPC 288(b)(2) - Sexual assault of dependent person by caretaker
CPC 368(b) - Dependent adult abuse generally- may apply as disability-related hate crime.
CPC 594.3 - Vandalism of places of worship.
CPC 11412 - Causing or attempting to cause other to refrain from exercising religion by threat.
CPC 11413 - Arson or destructive device at place of worship.
Misdeirineariars
Hate Crime
CPC 422.6 - Use of force, threats, or destruction of property to interfere with another's exercise of civil
rights.
CPC 422.77 - Violation of civil order (Bane Act) protecting the exercise of civil rights
Related Crimes
CPC 302 - Disorderly conduct during an assemblage of people gathered for religious worship at a tax-
exempt place of worship.
CPC 538(c) - Unauthorized insertion of advertisements in newspapers and redistribution to the public.
CPC 640.2 - Placing handbill, notice of advertisement on a consumer product or product packaged
without authorization.
CPC 11411 - Terrorism of owner or occupant of real property. Placement or display of sign, symbol,
or other physical impression without authorization, engagement in pattern of conduct, or burning or
desecration of religious symbols.
.............................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................
APPENDIX-STATUTES AND LEGAL REQUIREMENTS 19
.............................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................
III;in II1h a in ce irin e in s
CPC 190.2(a)(16) - Special circumstances imposing the Death Penalty or Life Without Possibility of
Parole, if the victim was intentionally killed because of sexual orientation, gender, or disability.
CPC 190.3 - Special circumstances imposing LWOP if the victim was intentionally killed because of
sexual orientation, gender, or disability.
CPC 422.75 - Penalty for felony committed because of victim's race, color, religion, nationality, country
or origin, ancestry, disability, or sexual orientation shall be enhanced one, two, or three years in prison, if
the person acts alone; and two, three, or four years if the person commits the act with another.
CPC 1170.8 - Enhancement for robbery or assault at a place of worship.
CPC 1170.85(b) - Felony assault or battery enhancement due to age or disability.
Repoirdin g
CPC 13023- Requirement for law enforcement agencies to report hate crime data to DOJ.
WI 15630 — Elder and Dependent Adult Abuse Mandated Reporting (may apply in disability-related hate
crimes).
'rr ui r ui in in E."16111cy Re a ui r uryin iri s
CPC 422.87 - Hate crimes policy adoption and update requirements (AB 1985, Effective January 1,
2019).
CPC 13519.6 - Defines hate crime training requirements for peace officers.
CPC 13519.41 - Training requirements on sexual orientation and gender identity-related hate crimes for
peace officers and dispatchers (AB 2504, Effective January 1, 2019).
Miscellaineous E."'ir ui ui i
CPC 422.78 - Responsibility for prosecution of stay away order violations.
CPC 422.86 - Public policy regarding hate crimes.
CPC 422.89 - Legislative intent regarding violations of civil rights and hate crimes
CPC 422.92 - Hate crimes victims brochure requirement for law enforcement agencies.
CPC 422.93 - Protection of victims and witnesses from being reported to immigration authorities.
GC 6254 - Victim confidentiality.
.............................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................
20 CALIFORNIA COMMISSION ON PEACE OFFICER STANDARDS AND TRAINING
Attachment Fresno County Sheriffs Office Policy Manual
Policy Manual
Hate Crime Checklist.pdf
Copyright Lexipol,LLC 2020/12/30,All Rights Reserved. Hate Crime Checkllst.pdf-659
Published with permission by Fresno County Sheriff's Office
HATE CRIME CHECKLIST
Page of
Victim Type: Target of Crime(Check all that apply):
El Individual
Legal name (Last,First): El Person El Private property El Public property
Other Names used (AKA): El Other
El School„ business or organization
�..., Nature of Crime (Check all that apply):
�,. Name:
V Type: El Bodily injury El Threat of violence
(e.g.,non-profit,private,public school) El Property damage
Address:
El Faith-based organization El Other crime:
Name: Property damage-estimated value
Faith:
Address:
Type of Bias Actual or Perceived Bias—Victim's Statement:
(Check all characteristics that apply): El Actual bias [Victim actually has the indicated characteristic(s)].
El Disability Perceived bias [Suspect believed victim had the indicated characteristic(s)].
El Gender If perceived, explain the circumstances in narrative portion of Report.
El Gender identity/expression Reason for Bias:
El Sexual orientation Do you feel you were targeted based on one of these characteristics?
El Race El Yes El No Explain in narrative portion of Report.
El Ethnicity o you know what motivated the suspect to commit this crime?
F1 El Yes El No Explain in narrative portion of Report.
Nationality
o you feel you were targeted because you associated yourself with an
Religion individual or a group?
Significant day of offense El Yes El No Explain in narrative portion of Report.
(e.g., 9111, holy days)
Are there indicators the suspect is affiliated with a Hate Croup
El Other: (i.e., literature/tattoos)?
Specify disability(be specific): El Yes El No Describe in narrative portion of Report.
Are there Indicators the suspect is affiliated with a criminal street gang?
Yes F1 No Describe in narrative portion of Report.
Bias Indicators(Check all that apply):
El Hate speech El Acts/gestures El Property damage El Symbol used
Written/electronic communication F1 Graffiti/spray paint F1 Other:
Describe with exact detail in narrative portion of Report.
Relationship Between Suspect&Victim: Prior reported incidents with suspect?Total#
Im Suspect known to victim? El Yes El No El Prior unreported incidents with suspect?Total#
Nature of relationship: Restraining orders? El Yes No
If Yes, describe in narrative portion of Report
Length of relationship: p p
If Yes, describe in narrative portion of Report Type of order: Order/Case#
;C Weapon(s)used during incident? Yes El No Type:
Weapon(s)booked as evidence? Yes El No
ox
LU Automated Firearms System (AFS) Inquiry attached to Report? El Yes No
POST 05/19(Based on LAPD's Hate Crime Supplemental Report, used with permission)
HATE CRIME CHECKLIST
Page of
Witnesses present during incident? Yes El No Statements taken? Yes El No
LU
W i Evidence collected? Yes El No Recordings: El Video El Audio El Booked
Z.
LU Photos taken? El Yes El No
a Suspect identified: Field ID El By photo
W Total#of photos: D#:
El Known to victim
Taken by: Serial#:
VICTIM SUSPECT
El Tattoos El Tattoos
El Shaking El Shaking
Unresponsive Unresponsive
El Crying El Crying
El Scared El Scared
El Angry Angry
El Fearful El Fearful
El Calm El Calm
0 El Agitated El Agitated
El Nervous El Nervous
El Threatening El Threatening
90 El Apologetic El Apologetic
El Other observations: El Other observations:
ADDITIONAL QUESTIONS(Explain all boxes marked"Yes" in narrative portion of report):
Has suspect ever threatened you? El Yes F1 No
Has suspect ever harmed you? El Yes El No
Does suspect possess or have access to a firearm? El Yes El No
Are you afraid for your safety? El Yes F1 No
Do you have any other information that may be helpful? El Yes El No
Resources offered at scene: El Yes El No Type:
Victim Suspect Paramedics at scene? Yes No Unit#
wi El El Declined medical treatment Name(s)/ID#:
Will seek own medical treatment Hospital:
LU Received medical treatment Jail Dispensary:
Authorization to Release Medical Information, Physician/Doctor:
Form 05.03.00, signed? Yes No Patient#:
Officer(Name/Rank) Date
Officer(Name/Rank) Date
Supervisor Approving(Name/Rank) Date
POST 05/19
Attachment Fresno County Sheriffs Office Policy Manual
Policy Manual
Commission on Peace Officer Standards and
Training Hate Crimes Model Policy 2019.pdf
Commission on Peace Officer Standards and
Copyright Lexipol,LLC 2020/12/30,all Rights Reserved. Training Hate Crimes Model Policy 2019.pdf-
Published with permission by Fresno County Sheriff's Office 660
FRESNO COUNTY SHERIFF'S OFFICE
JAIL DIVISION POLICIES AND PROCEDURES
TITLE: CITATIONS NO: C-220
FILE: CITATIONS
EFFECTIVE DATE: 06-15-88 REVISED: 12-17-90, 11-04-91,03-09-92,02-10-93,06-10-94,
04-18-96, 11-01-96,02-01-98,07-01-98,01-01-99,
07-01-99,04-01-00,03-01-01, 12-09-02,07-01-09,
07-07-09
AUTHORITY: Sheriff M. Mims APPROVED BY: Assistant Sheriff T. Gattie
REFERENCE: Penal Code Sections 822, 827.1, 853.5 and 853.6; California Code
of Regulations, Title 15, Section 1029(a)(5); and United States
District Court, Eastern District of California, Action No. F-93-5070.
PURPOSE:
The purpose of this policy is to establish and maintain consistent citation criteria to be
utilized by the Fresno County Sheriff's Office Jail Division.
POLICY:
It is the policy of the Fresno County Sheriff's Office Jail Division that inmates who have
charges which meet the criteria as established by law, shall be issued a citation and
released from custody on their written promise to appear.
PROCEDURES:
I. CITATION CRITERIA
A. All open infraction and misdemeanor charges shall be cited. The only
exceptions shall be for persons arrested for:
1. Misdemeanor violations of a protective court order involving domestic
violence (unless the arresting officer determines that there is not a
reasonable likelihood that the offense will continue or resume).
2. H&S 120280 (failure to comply with a health order).
B. Warrants, filing slips, and remand orders shall not be cited, regardless of
the bail amount.
1. In an ongoing effort to control overcrowding, misdemeanor and
infraction traffic warrants are not accepted for booking. The only
exception shall be for misdemeanor DUI traffic warrants.
2. Jail Warrants are considered to be commitments (they have been
Page 1 of 4
FRESNO COUNTY SHERIFF'S OFFICE
JAIL DIVISION POLICIES AND PROCEDURES
TITLE: CITATIONS NO: C-220
FILE: CITATIONS
issued days to serve in custody). All Jail Warrants shall be accepted,
regardless of the underlying charge (including misdemeanor traffic
warrants).
3. If a person is arrested for H&S 120280 (failure to comply with a health
order), process the warrant as usual. However, it shall be necessary to
scan and forward the booking paperwork to the on-duty Watch
Commander.
C. If a surety bond on a citable charge has been presented at the Jail, the
release of the charge on the bond shall take precedence over the release
on citation and the bond will be accepted in lieu of the issuance of a citation
on the charge.
II. CITATIONS ISSUED ON OUT-OF-COUNTY CHARGES
A. If an inmate is in custody on an out-of-county, non-citable misdemeanor
charge, a telephone call and teletype shall be made/sent to the
agency/county of jurisdiction notifying the agency that they have five (5)
calendar days (by 1800 hours) in which to pick up the inmate.
1. If the agency/county of jurisdiction indicates theywill not or cannot pick
up the inmate, the inmate shall be issued a citation (as per the
county's instructions) and be immediately released from custody.
2. If the agency/county of jurisdiction does not pick up the inmate within
five (5) calendar days, the inmate shall be issued a citation and be
immediately released from custody.
B. The telephone number called, the person contacted, and the date and time
of the scheduled appearance (obtained from the agency/county of
jurisdiction) shall be noted in the COMT/STRIKE/BAL section under the
CHARGES tab in OffenderTrak.
C. A teletype shall be sent to the agency advising them of the action taken,
and the date, place and time of the scheduled court appearance. A copy of
the teletype shall be scanned into the inmate's records.
D. The abstract and the original copy of the citation shall be mailed to the
court of jurisdiction.
III. AUTHORITY TO DETAIN A CITABLE OFFENSE — PC 853.6(i)
Page 2 of 4
FRESNO COUNTY SHERIFF'S OFFICE
JAIL DIVISION POLICIES AND PROCEDURES
TITLE: CITATIONS NO: C-220
FILE: CITATIONS
A. Whenever any person is arrested by a peace officer for a misdemeanor,
that person shall be released according to the procedures as set forth by
this policy, unless one of the reasons as delineated under PC 853.6(i) is a
reason used for non-release:
1. The person arrested was so intoxicated that he or she could have
been a danger to himself or herself or to others. (Once the individual
is no longer intoxicated, they shall be given the opportunity to sign their
citation and be released from custody.)
2. The person arrested required medical examination or medical care or
was otherwise unable to care for his or her own safety (e.g., H&S
120280).
3. The person was arrested under one or more of the circumstances
listed in Sections 40302 and 40303 of the Vehicle Code.
4. There were one or more outstanding arrest warrants for the person.
5. The person could not provide satisfactory evidence of personal
identification. (Once the individual has been positively identified by
LivelD, they shall be given the opportunity to sign their citation and be
released from custody.)
6. The prosecution of the offense or offenses for which the person was
arrested, or the prosecution of any other offense or offenses,would be
jeopardized by immediate release of the person arrested.
7. There was a reasonable likelihood that the offense or offenses would
continue or resume, or that the safety of persons or property would be
imminently endangered by release of the person arrested.
8. The person arrested demanded to be taken before a magistrate or
refused to sign the notice to appear.
9. There is reason to believe that the person would not appear at the
time and place specified in the notice. The basis for this determination
shall be specifically stated.
Page 3 of 4
FRESNO COUNTY SHERIFF'S OFFICE
JAIL DIVISION POLICIES AND PROCEDURES
TITLE: CITATIONS NO: C-220
FILE: CITATIONS
B. The inmate shall be booked utilizing the authority PC 853.6(i) and the
applicable subsection.
C. The notation "was not cited per PC 853.6(i)" shall be written in the
COMT/STRIKE/BAL section under the CHARGES tab in Offendertrak.
D. An incident report shall be written. The report shall delineate the clear
articulable facts and circumstances that prevented the inmate from being
cited and released.
IV. AMENDING AN ALREADY-ISSUED CITATION
A. If an error is found on an already-issued citation, staff shall:
1. Complete and print a Citation Error Correction form indicating the
changes that need to be corrected.
2. Scan the printed Citation Error Correction form into the inmate's
Laserfiche records.
3. Forward copies of the Citation Error Correction form and the original
citation to the court with jurisdiction over the case.
4. Mail the original Citation Error Correction form, along with a copy of
the original citation, to the person named on the citation.
Page 4 of 4
Fresno County Sheriffs Office Policy Manual
Policy Manual
INDEX / TOPICS Custodial interrogation. . . . . . . . 427
OIS. . . . . . . . . . . . . . . . 80
. . . . . . . . . . . . . . . . . . 461 AUDITS
Informant files. . . . . . . . . . . 445
AInformant funds. . . . . . . . . . . 447
ACCOUNTABILITY TO SUPERVISOR. 22 Petty cash. . . . . . . . . . . . . 478
ACKNOWLEDGEMENTS AUTHORITY
Policy manual. . . . . . . . . . . . 18 Canine handler. . . . . . . . . . . 110
Policy revisions. . . . . . . . . . . 18 Policy manual. . . . . . . . . . . . 16
ADMINISTRATIVE INVESTIGATION. . . 79 AUTHORITY, ETHICS . . . . . . . . . 190
ADMINISTRATIVE INVESTIGATIONS AUTOMATED LICENSE PLATE READERS
OIS . . . . . . . . . . . . 79, 79, 79 (ALPR) . . . . . . . . . . . . . . . 382
OIS . . . . . . . . . . . . . . 79, 79 B
Recorded media files. . . . . . . . . 364
Vehicle damage. . . . . . . . . . . 476 BADGE
ADMINISTRATIVE LEAVE Mourning Badge. . . . . . . . . . . 618
Firearms. . . . . . . . . . . . . . 84 BADGES,PATCHES AND IDENTIFICATION
OIS. . . . . . . . . . . . . . . . 75 Firearms. . . . . . . . . . . . . . 84
ADMINISTRATIVE ORDER . . . . . . . 29 BARRICADED INCIDENTS . . . . . . . 306
ADULT ABUSE . . . . . . . . . . . . 138 BATON . . . . . . . . . . . . . . . . 63
Investigations. . . . . . . . . . . . 428 BIOLOGICAL SAMPLES
AIRCRAFT . . . . . . . . . . . . . . 340 Hazards . . . . . . . . . . . 341, 633
Accidents. . . . . . . . . . . . . 340 BODY ARMOR
Ambulance. . . . . . . . . . . . . 401 Suspects. . . . . . . . . . . . . . 82
ALCOHOL BODY ARMOR . . . . . . . . . . . . 560
Vehicle use. . . . . . . . . . . . . 472 BODY-WORN CAMERAS . . . . . . . 361
ALCOHOL,INTOXICANTS . . . . . . . 194 BOMBS
AMMUNITION . . . . . . . . . . . . 84 Aircraft accidents. . . . . . . . . . 341
Gun violence restraining order surrenders. 276 Chaplains. . . . . . . . . . . . . 253
ANIMALS MDT/MDC. . . . . . . . . . . . . 360
Euthanize. . . . . . . . . . . . . . 89 Portable audio/video recorders. . . . . 362
Injured. . . . . . . . . . . . . . . 89 BRADY MATERIAL . . . . . . . . . . 452
ANTI-REPRODUCTIVE RIGHTS CRIMES . 238
APPOINTMENTS
Canine coordinator. . . . . . . . . . 109 CANINES
Chaplain coordinator. . . . . . . . . 251 Pursuits. . . . . . . . . . . . . . 377
Communications supervisor. . . . . . 489 CASH
Coordinator-portable audio/video recorders 364 Audit. . . . . . . . . . . . . . . 447
Forfeiture reviewer. . . . . . . . . . 440 Informants. . . . . . . . . . . . . 446
Operations director. . . . . . . . . . 457 CASH HANDLING, SECURITY AND
Petty cash fund manager. . . . . . . 478 MANAGEMENT . . . . . . . . . . . 478
PIO. . . . . . . . . . . . . . . . 208 CHAPLAINS . . . . . . . . . . . . . 250
Reserve coordinator. . . . . . . . . 215 CHIEF EXECUTIVE. . . . . . . . . . 14
UAS Coordinator. . . . . . . . . . 454 CHILD ABUSE . . . . . . . . . . . . 154
ARRESTS CHILDREN
First amendment assemblies . . . . 390, 392 Transporting. . . . . . . . . . . . 559
Log. . . . . . . . . . . . . . . . 209 CITATIONS . . . . . . . . . . . . . 411
Seat belts. . . . . . . . . . . . . 558 CIVIL
Sick or injured person. . . . . . . . 400 Liability response. . . . . . . . . . . 80
ASSET FORFEITURE. . . . . . . . . 437 Subpoenas. . . . . . . . . . . . . 212
AUDIO/VIDEO RECORDING CIVIL DISPUTES . . . . . . . . . . . 394
Body-worn cameras. . . . . . . . . 361 CIVILIAN/NON-SWORN . . . . . . . . 16
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CIVILIAN/NONSWORN DAMAGE BY COUNTY PERSONNEL . 204
Crisis intervention incidents. . . . . . 319 DEATH
CODE-3 . . . . . . . . . . . . . . . 106 Chaplains. . . . . . . . . . . . . 253
COMMAND PROTOCOL . . . . . . . . 21 Native American Graves(NAGPRA). . . 279
COMMAND STAFF DEATH INVESTIGATION . . . . . . . 224
Policy review. . . . . . . . . . . . 18 DEATH NOTIFICATION . . . . . . . . 225
COMMENDATIONS AND AWARDS . . . 562 DEBRIEFING
COMMUNICABLE DISEASE OIS. . . . . . . . . . . . . . . . 80
Health orders. . . . . . . . . . . . 289 Tactical. . . . . . . . . . . . . . . 81
COMMUNICABLE DISEASES Warrant service. . . . . . . . . . . 459
Illness and injury prevention. . . . . . 629 DECONFLICTION . . . . . . . . . . . 463
COMMUNICATIONS CENTER DEFECTIVE VEHICLES . . . . . . . . 469
Foot pursuits. . . . . . . . . . . . 380 DEFINITIONS . . . . . . . . . . . . . 16
Vehicle pursuits. . . . . . . . . . . 100 DEPARTMENT OWNED PROPERTY. . . 467
COMMUNICATIONS CENTER DEPARTMENT PROPERTY
Crisis intervention incidents. . . . . . 318 Loss Or Damage. . . . . . . . . . . 468
COMPUTERS DISABLED
Digital evidence. . . . . . . . . . . 429 Motorist. . . . . . . . . . . . . . 423
CONDUCT DISASTER PLAN . . . . . . . . . . . 24
OIS. . . . . . . . . . . . . . . . 74 DISCIPLINE . . . . . . . . . . . . . 189
Standards of conduct. . . . . . . . . 192 DISCLAIMER . . . . . . . . . . . . . 16
CONFIDENTIALITY DISCRIMINATION, CONDUCT . . . . . 190
Chaplains. . . . . . . . . . . . . 254 DOMESTIC VIOLENCE
Communications center. . . . . . . . 494 Reporting of Employee Convictions. . . 543
Informants. . . . . . . . . . . . . 443 DRIVING
Radio broadcasts. . . . . . . . . . 359 MDT/MDC. . . . . . . . . . . . . 358
Surreptitious recording. . . . . . . . 362 DRIVING, SAFETY SAFETY,CONDUCT
CONTACTS AND TEMPORARY DETENTIONS FIREARMS, CONDUCT . . . . . . . . 193
Warrant service. . . . . . . . . . . 459
CONTROL DEVICES E
First amendment assemblies. . . . . . 392
Training. . . . . . . . . . . . . . 336 ELECTRICAL LINES . . . . . . . . . 339
CONTROL DEVICES . . . . . . . . . . 62 ELECTRO-MUSCULAR DISRUPTION
CONTROL DEVICES . . . . . . . . . . 62 TECHNOLOGY DEVICE . . . . . . . . 67
CORRESPONDENCE . . . . . . . . . . 29 ELECTRONIC CIGARETTES . . . . . . 547
COURT APPEARANCES . . . . . . . . 211 ELECTRONIC MAIL . . . . . . . . . . 27
COURT ORDERS EMERGENCY MANAGEMENT PLAN. . . 24
Canine controlled substance. . . . . . 116 EMERGENCY UTILITY . . . . . . . . 339
Gun violence restraining order surrenders. 276 EVALUATION . . . . . . . . . . . . 532
Juvenile informants. . . . . . . . . 443 EVIDENCE
Subpoenas. . . . . . . . . . . . . 211 Digital. . . . . . . . . . . . . . . 429
Surreptitious recording. . . . . . . . 362 NAGPRA. . . . . . . . . . . . . 279
COURT ORDERS,CIVIL DISPUTES . . . 395 Public Safety Video Surveillance. . . . 258
CRIME ANALYSIS . . . . . . . . . . 488 Seizing recordings. . . . . . . . . . 367
CRIME SCENE AND DISASTER INTEGRITY EVIDENCE, BOMBS . . . . . . . . . . 315
. . . . . . . . . . . . . . . . . . . 288 EXPLOSIONS . . . . . . . . . . . . 314
CRISIS INTERVENTION INCIDENTS . . 316 EXPOSURE CONTROL
CRISIS NEGOTIATION TEAM . . . . . 290 Reviews. . . . . . . . . . . . . . 629
CRISIS RESPONSE UNIT . . . . . . . . 290 EXPOSURE(S) . . . . . . . . . . . . 304
CUSTODIAL INTERROGATIONS . . . . 427
D F
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Published with permission by Fresno County Sheriff's Office
Fresno County Sheriff's Office
Policy Manual
FIREARM SERIAL NUMBERS . . . . . 505 K
FIREARMS
Destruction of animals. . . . . . . . 525 KEYS
Removal for vehicle maintenance. . . . 469 Vehicle. . . . . . . . . . . . . . 472
Retiree. . . . . . . . . . . . . . . 39 KINETIC PROJECTILES . . . . . . . . . 64
FITNESS FOR DUTY
OIS. . . . . . . . . . . . . . . . 75
FITNESS FOR DUTY . . . . . . . . . 567
FORCE . . . . . . . . . . . . . . . . 56
FOREIGN DIPLOMATIC AND CONSULAR LEG RESTRAINT . . . . . . . . . . . 58
REPRESENTIVES . . . . . . . . . . . 330 LEG RESTRAINTS . . . . . . . . . . . 60
LIMITED ENGLISH PROFICIENCY
GCommunications center. . . . . . . . 491
LIMITED ENGLISH PROFICIENCY. . . 240
GANGS,EMPLOYEE AFFILIATION. . . 190
GRIEVANCE PROCEDURE. . . . . . . 537 M
GRIEVANCES
Supervisor authority. . . . . . . . . . 16 MANUALS . . . . . . . . . . . . . . 24
MDT/MDC H . . . . . . . . . . . . . .
Use. 472
Vehicles. . . . . . . . . . . . . . 472
HANDCUFFING . . . . . . . . . . . . 59 MEAL PERIODS AND BREAKS . . . . . 570
HAZARDOUS MATERIAL . . . . . . . 304 MEDIA
HAZARDOUS MATERIAL(HAZMAT) Aircraft accidents. . . . . . . . . . 342
RESPONSE OIS. . . . . . . . . . . . . . . . 81
Aircraft accidents. . . . . . . . . . 341 Operations plans. . . . . . . . . . . 465
HAZARDS . . . . . . . . . . . . . . 631 Warrant service. . . . . . . . . . . 460
HELICOPTER ASSISTANCE. . . . . . 348 MEDICAL
HIGH-VISIBILITY VESTS . . . . . . . 412 Adult involuntary detention. . . . . . 142
HOMELESS . . . . . . . . . . . . . 385 Aircraft accidents. . . . . . . . . . 340
HOSTAGES . . . . . . . . . . . . . 306 Canine bites. . . . . . . . . . . . 112
Examinations—Adult abuse. . . . . . 142
For canines. 115
IDENTITY THEFT . . . . . . . . . . . 227 Releases. . . . . . . . . . . . . . 401
INFORMANTS . . . . . . . . . . . . 443 Treatment for occupational disease or work-
INFORMATION TECHNOLOGY USE related injury. . . . . . . . . . . . 578
TECHNOLOGY USE. . . . . . . . . . 195 MINIMUM STAFFING . . . . . . . . . 30
INSPECTIONS MOBILE AUDIONIDEO (MAV)
Illness and injury prevention. . . 629, 632 OIS. . . . . . . . . . . . . . . . 80
Personal protective equipment. . . . . 632 MOBILE DIGITAL TERMINAL USE. . . 358
Vehicles . . . . . . . . . . . 471, 632 MUTUAL AID
INVESTIGATION AND PROSECUTION. 426 First amendment assemblies. . . . . . 391
Warrant service. . . . . . . . . . . 459
N
JURISDICTION
Aircraft accidents. . . . . . . . . . 341 NATIVE AMERICAN GRAVES(NAGPRA) 279
OIS. . . . . . . . . . . . . . . . 73 NONSWORN
JURISDICTIONS Vehicles. . . . . . . . . . . . . . 473
Vehicle pursuits. . . . . . . . . . . 100 NOTIFICATIONS
JUVENILES Aircraft accidents. . . . . . . . . . 341
Citations. . . . . . . . . . . . . . 328 Cash. . . . . . . . . . . . . . . 479
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Published with permission by Fresno County Sheriff's Office
Fresno County Sheriff's Office
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NAGPRA. . . . . . . . . . . . . 279 POLICY MANUAL . . . . . . . . . . . 16
Sick leave. . . . . . . . . . . . . 545 PRESS INFORMATION OFFICER . . . . 208
NUMERICAL FILING . . . . . . . . . 503 PRIVACY EXPECTATIONS
Audio/video recordings. . . . . . . . 361
O MDT/MDC. . . . . . . . . . . . . 358
Unmanned aerial system. . . . . . . 454
OATH OF OFFICE . . . . . . . . . . . 15 Vehicles. . . . . . . . . . . . . . 471
OC SPRAY . . . . . . . . . . . . . . 63 PRIVATE PERSONS ARRESTS . . . . . 236
OFFICER SAFETY PROTECTED INFORMATION
Canine deployment. . . . . . . . . . 110 Communications center. . . . . . . . 494
Communications center. . . . . 491, 493 PROTECTED INFORMATION,UNAUTHORIZED
Crime scene and disaster integrity. . . . 288 RELEASE BADGES,PATCHES AND
Foot pursuits. . . . . . . . . . . . 377 IDENTIFICATION,CONDUCT
Informants. . . . . . . . . . . . . 444 CONFIDENTIALITY, CONDUCT. . . . 191
LEOSA. . . . . . . . . . . . . . . 39 PUBLIC RECORDING OF LAW ENFORCEMENT
Occupational hazards. . . . . . . . . 631 ACTIVITY . . . . . . . . . . . . . . 366
Warrant service. . . . . . . . . . . 457 PUBLIC SAFETY VIDEO SURVEILLANCE 256
OFFICER-INVOLVED SHOOTING(OIS). 73 PURSUIT INTERVENTION . . . . . . . 101
OPERATIONS PLANNING AND PURSUIT UNITS . . . . . . . . . . . . 96
DECONFLICTION . . . . . . . . . . . 461 PURSUITS
ORGANIZATIONAL STRUCTURE. . . . 20 Foot. . . . . . . . . . . . . . . . 377
ORGANIZATIONAL STRUCTURE AND
RESPONSIBILITY . . . . . . . . . . . 20 R
OUTSIDE AGENCY ASSISTANCE. . . . 218
OUTSIDE EMPLOYMENT . . . . . . . 575 RAPID RESPONSE AND DEPLOYMENT. 334
Change in Status. . . . . . . . . . . 577 RECORDS BUREAU
Obtaining Approval. . . . . . . . . 575 Suspicious activity reports. . . . . . . 398
Prohibited Outside Employment. . . . 576 RECORDS RELEASE
Security Employment. . . . . . . . . 576 Audio/video recordings. . . . . . . . 365
OVERTIME Public safety video surveillance. . . . . 258
Court. . . . . . . . . . . . . . . 213 RECORDS RETENTION
OVERTIME PAYMENT . . . . . . . . 574 Applications for a license to carry a firearm. 37
Illness and injury prevention. . . . . . 633
POath of office. . . . . . . . . . . . 15
Personal protective equipment. . . . . 483
PARKING . . . . . . . . . . . . . . 473 REFLECTORIZED VESTS . . . . . . . 412
PEPPER PROJECTILES . . . . . . . . . 63 RELIGION
PEPPER SPRAY . . . . . . . . . . . . 63 NAGPRA. . . . . . . . . . . . . 279
PERFORMANCE EVALUATIONS REPORT CORRECTIONS . . . . . . . . 205
Sick leave. . . . . . . . . . . . . 546 REPORT PREPARATION . . . . . . . . 202
PERSONAL PROPERTY. . . . . . . . 467 REPORTING OF EMPLOYEE CONVICTIONS
Loss Or Damage. . . . . . . . . . . 468 . . . . . . . . . . . . . . . . . . . 543
PERSONAL PROTECTIVE EQUIPMENT. 480 RESERVE DEPUTIES
PERSONNEL COMPLAINTS Firearms Requirements. . . . . . . . 217
Portable audio/video review. . . . . . 364 RESERVE OFFICERS/DEPUTIES . . . . 214
PHOTOGRAPHS RESPIRATORY PROTECTION. . . . . 481
Aircraft accidents. . . . . . . . . . 342 RESPONSE TO CALLS . . . . . . . . . 106
First amendment assemblies. . . . . . 389 RESTRAINTS . . . . . . . . . . . . . 58
Photo lineups. . . . . . . . . . . . 450 REVIEWS
PHYSICAL AND MENTAL EXAMINATIONS Exposures. . . . . . . . . . . . . 629
. . . . . . . . . . . . . . . . . . . 568 Illness and injury prevention. . . . . . 629
PIO . . . . . . . . . . . . . . . . . 208 Policy manual. . . . . . . . . . . . 18
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Portable audio/video. . . . . . . . . 364 ALPR. . . . . . . . . . . . . . . 384
Public records on social media. . . . . 201 Canine. . . . . . . . . . . . . . . 115
UAS. . . . . . . . . . . . . . . 454 Chaplains. . . . . . . . . . . . . 254
RIDE-ALONG Discriminatory harassment. . . . . . . 152
Eligibility. . . . . . . . . . . . . 301 Dispatcher. . . . . . . . . . . . . 494
RISK ASSESSMENT . . . . . . . . . . 461 First amendment assemblies. . . . . . 393
ROLL CALL TRAINING . . . . . . . . 287 Hazardous materials. . . . . . . . . 633
Occupational safety. . . . . . . . . 633
SOperation planning and deconfliction. . . 465
Personal protective equipment. . . . . 484
SAFETY Public safety video surveillance. . . . . 258
Communications center. . . . . . . . 489 Rapid response and deployment. . . . . 336
First responder. . . . . . . . . . . 288 Social media. . . . . . . . . . . . 201
Inspections (occupations). . . . . . . 632 UAS. . . . . . . . . . . . . . . 455
Media. . . . . . . . . . . . . . . 208 Warrant service. . . . . . . . . . . 460
Personal protective equipment. . . . . 480 TRAINING
Shotguns. . . . . . . . . . . . . . 82 SWAT. . . . . . . . . . . . . . . 293
SAFETY EQUIPMENT TRAINING PLAN . . . . . . . . . . . 25
First amendment assemblies. . . . . . 390 TRAINING POLICY . . . . . . . . . . 25
SCHOOL EMPLOYEE REPORTING. . . 247
SEARCH & SEIZURE. . . . . . . . . 125 U
SEARCH WARRANTS . . . . . . . . . 457
SEARCHES UNIFORM REGULATIONS . . . . . . . 580
Crime scene. . . . . . . . . . . . 289 UNIFORMS
Gun violence restraining orders. . . . . 275 Chaplains. . . . . . . . . . . . . 251
Police vehicle inspections. . . . . . . 471 Courtroom attire. . . . . . . . . . . 212
SEAT BELTS . . . . . . . . . . . . . 558 UNITY OF COMMAND . . . . . . . . . 22
SECURITY EMPLOYMENT . . . . . . . 576 UNLAWFUL ASSEMBLY . . . . . . . 391
SMOKING AND TOBACCO USE. . . . 547 UNMANNED AERIAL SYSTEM . . . . . 454
SOCIAL MEDIA . . . . . . . . . . . 199 USE OF FORCE
SPIT HOOD . . . . . . . . . . . . . . 59 First amendment assemblies. . . . . . 392
SPIT MASK . . . . . . . . . . . . . . 59 USE OF SOCIAL MEDIA . . . . . . . . 199
STAFFING LEVELS . . . . . . . . . . 30 UTILITY SERVICE . . . . . . . . . . 339
STANDARDS OF CONDUCT. . . . . . 188
STANDING ORDER . . . . . . . . . . 23 V
SUBPOENAS . . . . . . . . . . . . . 211
SUBPOENAS AND COURT APPEARANCES 211 VEHICLE MAINTENANCE . . . . . . . 469
SUCCESSION OF COMMAND . . . . . . 21 VEHICLE PURSUITS . . . . . . . . . . 93
SUPERVISION DEPLOYMENTS . . . . . 30 VEHICLES
SUSPICIOUS ACTIVITY REPORTING . 397 Impound hearings. . . . . . . . . . 419
VICTIM AND WITNESS ASSISTANCE. 172
T VIDEO RECORDINGS
First amendment assemblies. . . . . . 389
TASER . . . . . . . . . . . . . . . . 67
TEAR GAS . . . . . . . . . . . . . . 63 W
TIME CARD . . . . . . . . . . . . . 573
TIME CARDS . . . . . . . . . . . . 573 WARNINGS
TOLL ROADS . . . . . . . . . . . . 476 Canine. . . . . . . . . . . . . . . 111
TRAFFIC FUNCTION AND RESPONSIBILITY WARRANT SERVICE . . . . . . . . . 457
. . . . . . . . . . . . . . . . . . . 411 WASHING OF VEHICLES . . . . . . . 470
TRAFFIC SIGNAL . . . . . . . . . . . 339 WATCH COMMANDERS . . . . . . . . 357
TRAINING WATER LINES . . . . . . . . . . . . 339
Copyright Lexipol,LLC 2020/12/30,All Rights Reserved. -665
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