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INCIDENT REPORTS A-190 FRESNO COUNTY SHERIFF'S OFFICE JAIL DIVISION POLICIES AND PROCEDURES TITLE: INCIDENT REPORTS NO: A-190 FILE: INCIDENT REPORTS EFFECTIVE DATE: 08-10-92 REVISED: 12-25-94,01-03-96,10-01-97,02-01-98,05-01-98, 07-01-98,07-01-99,09-01-00,07-01-01,02-01-02, 03-01-03,06-01-06,11-02-16,12-16-20 AUTHORITY: Sheriff J. Zanoni APPROVED BY: Assistant Sheriff T. Gattie REFERENCE: California Code of Regulations, Title 15, Section 1044 and Hall, et al. v. County of Fresno, 1:11-CV-02047-LJO-BAM (2015). PURPOSE: The purpose of this policy is to establish and maintain consistent criteria for the writing of incident reports in order to provide accurate and official records of information and incidents pertaining to the Fresno County Sheriffs Office Jail Division. POLICY: It is the policy of the Fresno County Sheriffs Office Jail Division that an incident report shall be written for all incidents which result in the use of force; any physical injury to staff, inmates, or members of the public; any incident of battery by "gassing"; suicides and suicide attempts; inmate-on-inmate violence; fires; escapes; deaths; a breach or possible breach of security; the disruption of normal facility operation; to document an unusual occurrence; or as directed by a Sergeant or Watch Commander. It is the policy of the Fresno County Sheriffs Office Jail Division that all incident reports shall be written, entered, and stored via Offendertrak, unless otherwise directed by a Watch Commander. It is the policy of the Fresno County Sheriffs Office Jail Division that all reports shall be reviewed by an on-duty Sergeant prior to the end of the work shift unless a delay is approved in advance by a Watch Commander. In all cases, all use of force reports shall be reviewed within twenty-four (24) hours. It is the policy of the Fresno County Sheriffs Office Jail Division that all documented incidents of the use of force shall be reviewed by the Watch Commander within twenty- four (24) hours of the report being submitted, and by the Bureau Commanders on a monthly basis. Page 1 of 11 FRESNO COUNTY SHERIFF'S OFFICE JAIL DIVISION POLICIES AND PROCEDURES TITLE: INCIDENT REPORTS NO: A-190 FILE: INCIDENT REPORTS PROCEDURES: I. DEFINITIONS INCIDENT: an unplanned, undesired event. Incident Reports are used to document all significant and serious incidents. SIGNIFICANT INCIDENTS: are events that disrupt or hinder completion of a task, or cause injury, illness, or property damage, or some combination of all three in varying degrees from minor to catastrophic. Significant events do not rise to the level of a "serious incident," but may have the potential risk of a serious adverse outcome. SERIOUS INCIDENT: any event that results or has a high potential to result in a serious adverse outcome. Serious incidents include, but are not limited to. in-custody deaths, felony escapes, sexual assaults, and uses of force resulting in great bodily injury or death. GASSING: is defined as intentionally placing or throwing, or causing to be thrown, upon the person of another, any mixture of human excrement or other bodily fluids or substances. II. OCCURRENCES WHICH REQUIRE AN INCIDENT REPORT A. Occurrences which require an incident report shall include, but are not limited to, the following- 1. When there is any type of altercation (verbal or physical) or assault (including sexual), including inmate-on-inmate violence, or any incident of battery by "gassing." 2. When any force is utilized involving staff, an inmate, or a member of the public. This includes, but is not limited to, any use of a firearm, chemical agent, baton, conducted electrical weapon (TASER), extraordinary circumstances in the placement of restraints, or the use of any self-defense technique or physical restraint hold by staff. 3. In the event any employee, volunteer, or member of the public is injured or experiences a medical emergency. a. Employees who are injured in the performance of their duties shall notify a Sergeant immediately. If possible, the employee shall write an incident report before going off duty; if not, a report shall be written by the Sergeant. The Sergeant shall also complete a Supervisor's Investigation Report(PSD-RM 100). Page 2 of 11 FRESNO COUNTY SHERIFF'S OFFICE JAIL DIVISION POLICIES AND PROCEDURES TITLE: INCIDENT REPORTS NO: A-190 FILE: INCIDENT REPORTS b. If the incident involves any person not employed by the County, the Sergeant shall also complete an Incident Report: Non- Employee (PSD-RM 301) form, which shall be forwarded to Risk Management. 4. When there is any physical harm, or serious threat of physical harm to an employee, inmate or a member of the public. 5. When any inmate is injured or becomes seriously ill and requires emergency medical attention. If an inmate sustains obvious injury or makes a complaint of injury, photographs shall be taken and attached to the incident report. 6. Suicide, suicide-attempt, or death of any type. 7. The placement and removal of an inmate into a safety cell or Pro- Straint Restraint Chair. [Refer to policies D-210/Safety Cell (FILE: SAFETY CELL)and D-236/Pro-Straint Restraint Chair(FILE: CHAIR)for documentation requirements.] 8. Any utilization of a cell extraction team. 9. When any crime is discovered, including the discovery of illegal contraband. 10. Housing unit searches which result in the retrieval of contraband. 11. When there is any damaged or lost County property. This shall include: a. Damage to County vehicles. b. Equipment issued to employees that has become lost, stolen, or damaged. c. Damage to, or loss of any equipment issued to the housing/work area. 12. Any breach or potential breach of security. 13. When there is a wrongful release, delayed release, escape, "walk away," or an inmate fails to return from a court-issued "pass." 14. Any disturbance which results in the interruption or delay of scheduled or routine facility operations. Page 3 of 11 FRESNO COUNTY SHERIFF'S OFFICE JAIL DIVISION POLICIES AND PROCEDURES TITLE: INCIDENT REPORTS NO: A-190 FILE: INCIDENT REPORTS 15. Any natural disaster which results in the disruption of facility operation. 16. If a juvenile is discovered to be in the Jail population. 17. If an inmate is not dressed out for court (but was scheduled to be). 18. Anytime the TV or coffee pot is removed from a housing unit for purposes of reestablishing an acceptable level of cleanliness. 19. When any smoke, panic or fire alarm is activated, false or actual. 20. Anytime an arrestee is not accepted into custody. B. Rule violation reports shall not take the place of the requirement for writing an incident report. III. INCIDENT REPORT ESSENTIAL ELEMENTS A. All incident reports should be completed in an organized and accurate manner and clearly convey the following information: 1. The date and time of the incident. 2. The reporting officer's assignment at the time of the incident. 3. How the reporting officer became aware or involved in the incident. 4. Observations and/or assessment of the incident. 5. Requests for assistance, if applicable. 6. The officer's actions during the incident. 7. Names of responders, if applicable. 8. Actions of responders during the incident, if applicable. 9. All reporting elements required by policy and procedure. 10. Notifications made, and to whom. 11. Any additional documentation. 12. The conclusion. Page 4 of 11 FRESNO COUNTY SHERIFF'S OFFICE JAIL DIVISION POLICIES AND PROCEDURES TITLE: INCIDENT REPORTS NO: A-190 FILE: INCIDENT REPORTS B. The "Incident Type" should accurately reflect the type of incident (or most serious, if the incident involved multiple events). (Refer to Addendum A for Offendertrak instructions). 1. If none of the options correctly reflect the nature of the report, select the "Miscellaneous" option. Provide an appropriate synopsis/title that informs the reader of the general nature of the report on the first line in the body of the report. 2. If the incident involves multiple events, additional, lesser incident types are to be added under "Attributes." 3. If the inmate is to receive a Rule Violation, 101 Rule Violation" must be selected under "Attributes." C. Indicate if the inmate has been identified as an "AB 109 Inmate" or one with a "Psych History." (Refer to Addendum B for instructions in determining.) D. With the exception of incidents that will be referred to another entity for investigation, staff members writing reports shall attempt to fully investigate the incident that occurred which required a report to be written. The scope and results of the investigation shall be included in the report. IV. DOCUMENTING NAMES A. The first mention of an inmate's name in a report shall be written using the first name, followed by the last name (e.g., inmate Jane Smith, not inmate Smith, Jane). Any subsequent references to the inmate need only be referred to as Smith (unless more than one person involved have the same name). The Booking and JID numbers default automatically into the appropriate fields when an incident report is initiated. It is not necessary to include the primary inmate's Booking number, JID number, DOB, etc., in the body of the report. Inclusion of additional inmates should include the name followed by the JID number upon first mention. B. Victims of sex offenses must be informed that their name may become a matter of public record unless he/she requests that it not become a matter of public record, pursuant to Penal Code 293. The advisement and the victim's response shall be memorialized in the report. If a report needs to be treated as confidential, type ***CONFIDENTIAL*** on the first line in the body of the report and indicate that the victim requested Page 5 of 11 FRESNO COUNTY SHERIFF'S OFFICE JAIL DIVISION POLICIES AND PROCEDURES TITLE: INCIDENT REPORTS NO: A-190 FILE: INCIDENT REPORTS confidentiality pursuant to PC 293. The inmate's name will still be used, but cannot be released except to specified persons as authorized by law. C. All incident reports shall include the names of the following personnel, as applicable: 1. The name (first initial and last name), rank, and computer number of responding officers (e.g., C/O IV J. Smith #9876). 2. The name of the Sergeant who was notified of the incident (e.g., Sgt. D. Jones). 3. The name of the Watch Commander who approved a specific action, if applicable (e.g., Lt. A. Martinez). 4. The title and full name of the Mental Health staff member who recommended a specific action (e.g., Clinician Jane Smith). 5. The title and full name of the medical staff member who provided medical treatment (e.g., RN Florence Nightingale #1234). 6. The name of the Judge who ordered an inmate's temporary release (when an inmate fails to return on a pass). Also list the charge(s) for which the inmate was in custody. V. GENERAL TERMS AND RULES A. The following general terms need to be replaced with a detailed description of the incident: 1. "Approved control techniques" should be replaced with the specific control technique used. 2. "Attack" should be replaced with a description of how the officer was assaulted. 3. "Minimal force necessary" should be replaced with a detailed description of the force that was used. 4. "Physical altercation" should be replaced with the details that explain the incident. 5. "Placed on the ground" should be replaced with the technique used to place the inmate on the ground. 6. "Subdued" or"restrained" should be replaced with the technique used Page 6 of 11 FRESNO COUNTY SHERIFF'S OFFICE JAIL DIVISION POLICIES AND PROCEDURES TITLE: INCIDENT REPORTS NO: A-190 FILE: INCIDENT REPORTS to subdue or restrain the inmate. 7. "Acting bizarre" or "suicidal behavior" should be replaced with a description of the specific inmate behavior. B. Reports should be free from inmate slang and jail jargon unless necessary for clarity in the report (e.g., an exact quotation). C. Avoid abbreviations (e.g., i/m, subj, approx, hrs, etc.). Exceptions may be made for: 1. Titles (e.g., Sgt., Lt., RN, Dr.) 2. Common Latin expressions (e.g., i.e., etc.) 3. Names of agencies commonly referred to by their initials (FBI, FPD, ICE, etc.) 4. Words used with dates or figures (e.g., a.m., p.m., no.) VI. MEDICAL CARE If an inmate is provided with medical attention, that information needs to be included in the report. A. When referencing medical care, use the terms "treated" or "evaluated;" do not use the terms "seen" or "checked." B. Although the clinician's diagnosis may be included in the report, it is not necessary to detail medical procedures. Specific medical treatment will be properly documented by medical staff in the inmate's medical chart. C. If an inmate is transported to the hospital, include the following information, as applicable- 1. Reason and type of transport recommended (e.g., officer transport for sutures; Code 3 for possible heart attack). 2. Title and full name of medical staff recommending transport to the hospital. 3. Time of ambulance arrival. Page 7 of 11 FRESNO COUNTY SHERIFF'S OFFICE JAIL DIVISION POLICIES AND PROCEDURES TITLE: INCIDENT REPORTS NO: A-190 FILE: INCIDENT REPORTS 4. Officer(s) escorting the inmate to the hospital. 5. Type of transportation used (officer or ambulance) and Code (2 or 3). 6. Time of departure. VI I. INCIDENT REPORT REVIEW A. All reports shall be reviewed by an on-duty Sergeant prior to the end of the work shift, unless a delay is approved in advance by a Watch Commander. The documentation and review of serious incidents involving inmates may only be delayed (with approval)when based upon exigent circumstances. In all cases, all use of force reports shall be reviewed within twenty-four (24) hours. B. The Sergeant shall be responsible to: 1. Review the report for spelling, punctuation and grammatical errors. 2. Ensure the report contains essential facts and all required elements. 3. Include pertinent follow-up information. 4. Forward the completed report to the on-duty Watch Commander. C. The Watch Commander shall review all incident reports as soon as possible, but no later than twenty-four (24) hours from the time of receipt. Vill. DOCUMENTATION OF FORCE APPLICATIONS A. The use of force shall be documented promptly, completely, and accurately in a detailed Incident Report by the officer using the force. The report shall be submitted prior to the end of the work shift. The following documentation is required in all force applications: 1. The specific technique that was applied. 2. The location on the body where the technique was applied. 3. The distance between the officer and the inmate. 4. The amount of time elapsed during the application (e.g., 1-2 second burst). Page 8 of 11 FRESNO COUNTY SHERIFF'S OFFICE JAIL DIVISION POLICIES AND PROCEDURES TITLE: INCIDENT REPORTS NO: A-190 FILE: INCIDENT REPORTS 5. The number of applications that occurred during the incident. 6. The inmate's injury or lack of injury that resulted. 7. The officer's injury or lack of injury that resulted. 8. Medical attention or decontamination rendered to the inmate and/or officer. 9. Applications that missed or techniques that were ineffective. B. When documenting the various types of force used, specific elements are required to be included in the incident report, depending on the type of force used. (Refer to Addendum C for a list of the required elements that must be included.) C. All incidents involving force (that don't result in death or serious bodily injury) shall be reported to a non-involved supervisor. The supervisor will need to assess the situation, conduct an investigation, ensure that evidence is collected and all witnesses are interviewed, and notify the Watch Commander. D. If the Sergeant determines that there is a training or policy issue that needs to be addressed, they shall note as such in the comment section of the report. 1. Violations of use of force policies shall be properly addressed via the chain of command and necessary Supervisor's Investigation Report. 2. Remedial training shall be directed by supervisory/management staff if it is determined to be necessary and/or appropriate. E. All documented incidents of the use of force shall be reviewed by the on- duty Watch Commander within twenty-four (24) hours of the report being submitted, and by the Bureau Commanders on a monthly basis. F. As appropriate, incidents shall be directed to Internal Affairs for possible policy violations, or to the District Attorney's Office if investigation determines such referral is appropriate. IX. SERIOUS INCIDENTS Serious incidents include, but are not limited to: deaths, felony escapes, sexual assaults, and uses of force resulting in great bodily injury or death. In Page 9 of 11 FRESNO COUNTY SHERIFF'S OFFICE JAIL DIVISION POLICIES AND PROCEDURES TITLE: INCIDENT REPORTS NO: A-190 FILE: INCIDENT REPORTS order to provide consistent and complete review of serious incidents, a higher level of assessment and evaluation is required. Serious incidents shall be referred through the chain of command for review by the Bureau Commander, Assistant Sheriff, Undersheriff, up to and including the Sheriff, as appropriate. The following additional response shall be initiated to review the incident from a critical incident perspective: A. The officer responding or involved in the incident shall immediately notify the supervising Sergeant. B. The Sergeant shall be responsible to ensure the following occurs- 1. Respond to the scene, assess the incident, conduct an investigation, ensure that evidence is collected, all witnesses are interviewed and additional resources (e.g., Identification Bureau personnel or a deputy) are requested, as applicable. All inmate deaths and use of force incidents resulting in serious bodily injury or death shall be referred to the Detective Bureau for investigation. 2. Photographs should be taken for documentation purposes of the following: a. The scene at the time of the incident. b. Inmate injuries (or lack of injuries). c. Officer injuries. 3. Prepare a Supervisor Incident Report (J-122) and forward to the Watch Commander. 4. Ensure that all reports have been completed and submitted. Gather all reports related to the incident, including those prepared by any other agency or unit and submit them to the Watch Commander. NOTE: If the Detective Bureau is called to investigate, no reports will be written until the detectives arrive on scene. Detectives will coordinate with the Watch Commander to determine which staff members need to be interviewed by detectives, and which staff members should write a Jail incident report. C. The Watch Commander shall: 1. Review the reports for completeness and consistency and determine Page 10 of 11 FRESNO COUNTY SHERIFF'S OFFICE JAIL DIVISION POLICIES AND PROCEDURES TITLE: INCIDENT REPORTS NO: A-190 FILE: INCIDENT REPORTS if the involved officer(s) acted within the law/policy and used the appropriate techniques. 2. Ensure that witnesses were interviewed, evidence was collected and retained, appropriate photos were taken, and appropriate tapes were preserved. 3. Identify all training needs as part of the review process and make other (non-disciplinary) recommendations deemed appropriate. 4. Notify the Bureau Commander and forward a copy of the report(s) for their review. D. The Bureau Commander shall- 1. Review the incident and determine if further investigation or review is warranted. Make recommendations and take appropriate action, when deemed necessary. 2. If applicable, forward a copy of the report(s) to the Training Unit and/or Internal Affairs Unit. 3. Notify the Assistant Sheriff. X. POTENTIAL CRIMINAL INVESTIGATIONS A. Use of force incidents resulting in serious bodily injury or death will be investigated by the Detective Bureau and reviewed by Internal Affairs. B. Detectives will investigate the incident, interview the involved officer(s), and take statements. Detectives will coordinate with the Watch Commander to determine which staff members should write a Jail incident report. 1. Staff members may write notes, but should realize that such records may be called into evidence. The notes may be provided to the detectives or discarded post-interview. 2. If photographs have been taken by Jail staff, investigators shall be advised of such. 3. If no reports are to be written by involved officers, a Jail supervisor shall complete an incident report documenting the occurrence and cross-referencing the detective's incident/crime report. 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