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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. Copyright Lexipol,LLC 2020/12/30,All Rights Reserved. Preface-1 Published with permission by Fresno County Sheriff's Office 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 Published with permission by Fresno County Sheriff's Office Fresno County Sheriff's Office 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. Copyright Lexipol,LLC 2020/12/30,All Rights Reserved. Preamble-3 Published with permission by Fresno County Sheriff's Office Fresno County Sheriff's Office 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 Copyright Lexipol,LLC 2020/12/30,All Rights Reserved. Mission, Vision, and Values Statement-4 Published with permission by Fresno County Sheriff's Office Fresno County Sheriff's Office 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 Copyright Lexipol,LLC 2020/12/30,All Rights Reserved. Table of Contents-5 Published with permission by Fresno County Sheriff's Office Fresno County Sheriff's Office 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 Copyright Lexipol,LLC 2020/12/30,All Rights Reserved. Table of Contents-6 Published with permission by Fresno County Sheriff's Office Fresno County Sheriff's Office Policy Manual 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 Copyright Lexipol,LLC 2020/12/30,All Rights Reserved. Table of Contents-7 Published with permission by Fresno County Sheriff's Office Fresno County Sheriff's Office 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 Copyright Lexipol,LLC 2020/12/30,All Rights Reserved. Table of Contents-8 Published with permission by Fresno County Sheriff's Office Fresno County Sheriff's Office Policy Manual 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 Copyright Lexipol,LLC 2020/12/30,All Rights Reserved. Table of Contents-9 Published with permission by Fresno County Sheriff's Office Fresno County Sheriff's Office Policy Manual Chapter 1 - Law Enforcement Role and Authority Copyright Lexipol,LLC 2020/12/30,All Rights Reserved. Law Enforcement Role and Authority- 10 Published with permission by Fresno County Sheriff's Office 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. Copyright Lexipol,LLC 2020/12/30,All Rights Reserved. Law Enforcement Authority-11 Published with permission by Fresno County Sheriff's Office Fresno County Sheriff's Office Policy Manual 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. Copyright Lexipol,LLC 2020/12/30,All Rights Reserved. Law Enforcement Authority-12 Published with permission by Fresno County Sheriff's Office Fresno County Sheriff's Office Policy Manual 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). Copyright Lexipol,LLC 2020/12/30,All Rights Reserved. Law Enforcement Authority-13 Published with permission by Fresno County Sheriff's Office PolicyFresno County Sheriff's Office ' 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). Copyright Lexipol,LLC 2020/12/30,All Rights Reserved. Chief Executive Officer-14 Published with permission by Fresno County Sheriff's Office Policy Fresno County Sheriff's Office ' 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). Copyright Lexipol,LLC 2020/12/30,All Rights Reserved. Oath of Office-15 Published with permission by Fresno County Sheriff's Office Policy Fresno County Sheriff's Office ' Policy Manual 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). Copyright Lexipol,LLC 2020/12/30,All Rights Reserved. Policy Manual-16 Published with permission by Fresno County Sheriff's Office Fresno County Sheriff's Office Policy Manual 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. Copyright Lexipol,LLC 2020/12/30,All Rights Reserved. Policy Manual-17 Published with permission by Fresno County Sheriff's Office Fresno County Sheriff's Office Policy Manual 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. Copyright Lexipol,LLC 2020/12/30,All Rights Reserved. Policy Manual-18 Published with permission by Fresno County Sheriff's Office Fresno County Sheriff's Office Policy Manual Chapter 2 - Organization and Administration Copyright Lexipol,LLC 2020/12/30,All Rights Reserved. Organization and Administration- 19 Published with permission by Fresno County Sheriff's Office 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. Copyright Lexipol,LLC 2020/12/30,all Rights Reserved. Organizational Structure and Responsibility- Published with permission by Fresno County Sheriff's Office 20 Fresno County Sheriff's Office Policy Manual 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 Copyright Lexipol,LLC 2020/12/30,all Rights Reserved. Organizational Structure and Responsibility- Published with permission by Fresno County Sheriff's Office 21 Fresno County Sheriff's Office Policy Manual 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. Copyright Lexipol,LLC 2020/12/30,all Rights Reserved. Organizational Structure and Responsibility- Published with permission by Fresno County Sheriff's Office 22 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. Copyright Lexipol,LLC 2020/12/30,All Rights Reserved. Standing Order-23 Published with permission by Fresno County Sheriff's Office PolicyFresno County Sheriff's Office ' 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. Copyright Lexipol,LLC 2020/12/30,all Rights Reserved. Emergency Management Plan-24 Published with permission by Fresno County Sheriff's Office PolicyFresno County Sheriff's Office ' 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. Copyright Lexipol,LLC 2020/12/30,All Rights Reserved. Training Policy-25 Published with permission by Fresno County Sheriff's Office Fresno County Sheriff's Office Policy Manual 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. Copyright Lexipol,LLC 2020/12/30,All Rights Reserved. Training Policy-26 Published with permission by Fresno County Sheriff's Office PolicyFresno County Sheriff's Office ' 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. Copyright Lexipol,LLC 2020/12/30,All Rights Reserved. Electronic Mall-27 Published with permission by Fresno County Sheriff's Office Fresno County Sheriff's Office 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. Copyright Lexipol,LLC 2020/12/30,All Rights Reserved. Electronic Mall-28 Published with permission by Fresno County Sheriff's Office Policy Fresno County Sheriff's Office ' 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. Copyright Lexipol,LLC 2020/12/30,All Rights Reserved. Administrative Communications-29 Published with permission by Fresno County Sheriff's Office Policy Fresno County Sheriff's Office ' • 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. Copyright Lexipol,LLC 2020/12/30,All Rights Reserved. Patrol Staffing Levels-30 Published with permission by Fresno County Sheriff's Office PolicyFresno County Sheriff's Office ' 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). Copyright Lexipol,LLC 2020/12/30,All Rights Reserved. License to Carry a Firearm-31 Published with permission by Fresno County Sheriff's Office Fresno County Sheriff's Office Policy Manual 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 Copyright Lexipol,LLC 2020/12/30,All Rights Reserved. License to Carry a Firearm-32 Published with permission by Fresno County Sheriff's Office Fresno County Sheriff's Office Policy Manual License to Carry a Firearm 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). Copyright Lexipol,LLC 2020/12/30,All Rights Reserved. License to Carry a Firearm-33 Published with permission by Fresno County Sheriff's Office Fresno County Sheriff's Office Policy Manual License to Carry a Firearm (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). Copyright Lexipol,LLC 2020/12/30,All Rights Reserved. License to Carry a Firearm-34 Published with permission by Fresno County Sheriff's Office Fresno County Sheriff's Office Policy Manual License to Carry a Firearm 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. Copyright Lexipol,LLC 2020/12/30,All Rights Reserved. License to Carry a Firearm-35 Published with permission by Fresno County Sheriff's Office Fresno County Sheriff's Office Policy Manual License to Carry a Firearm 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). Copyright Lexipol,LLC 2020/12/30,All Rights Reserved. License to Carry a Firearm-36 Published with permission by Fresno County Sheriff's Office Fresno County Sheriff's Office Policy Manual License to Carry a Firearm 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. Copyright Lexipol,LLC 2020/12/30,All Rights Reserved. License to Carry a Firearm-37 Published with permission by Fresno County Sheriff's Office Fresno County Sheriff's Office Policy Manual License to Carry a Firearm 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)). Copyright Lexipol,LLC 2020/12/30,All Rights Reserved. License to Carry a Firearm-38 Published with permission by Fresno County Sheriff's Office 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 Copyright Lexipol,LLC 2020/12/30,all Rights Reserved. Retiree Concealed Firearms-39 Published with permission by Fresno County Sheriff's Office Fresno County Sheriff's Office Policy Manual Retiree Concealed Firearms 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): Copyright Lexipol,LLC 2020/12/30,all Rights Reserved. Retiree Concealed Firearms-40 Published with permission by Fresno County Sheriff's Office Fresno County Sheriff's Office Policy Manual Retiree Concealed Firearms (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. Copyright Lexipol,LLC 2020/12/30,all Rights Reserved. Retiree Concealed Firearms-41 Published with permission by Fresno County Sheriff's Office Fresno County Sheriff's Office Policy Manual Retiree Concealed Firearms 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. Copyright Lexipol,LLC 2020/12/30,all Rights Reserved. Retiree Concealed Firearms-42 Published with permission by Fresno County Sheriff's Office Fresno County Sheriff's Office Policy Manual Retiree Concealed Firearms 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. Copyright Lexipol,LLC 2020/12/30,all Rights Reserved. Retiree Concealed Firearms-43 Published with permission by Fresno County Sheriff's Office 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. Copyright Lexipol,LLC 2020/12/30,All Rights Reserved. Issued Standing Orders-44 Published with permission by Fresno County Sheriff's Office Fresno County Sheriff's Office Policy Manual Chapter 3 - General Operations Copyright Lexipol,LLC 2020/12/30,All Rights Reserved. General Operations-45 Published with permission by Fresno County Sheriff's Office 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. Copyright Lexipol,LLC 2020/12/30,All Rights Reserved. Use of Force-46 Published with permission by Fresno County Sheriff's Office Fresno County Sheriff's Office Policy Manual 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)). Copyright Lexipol,LLC 2020/12/30,All Rights Reserved. Use of Force-47 Published with permission by Fresno County Sheriff's Office Fresno County Sheriff's Office Policy Manual Use of Force 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. Copyright Lexipol,LLC 2020/12/30,All Rights Reserved. Use of Force-48 Published with permission by Fresno County Sheriff's Office Fresno County Sheriff's Office Policy Manual Use of Force 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 Copyright Lexipol,LLC 2020/12/30,All Rights Reserved. Use of Force-49 Published with permission by Fresno County Sheriff's Office Fresno County Sheriff's Office Policy Manual Use of Force 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 Copyright Lexipol,LLC 2020/12/30,All Rights Reserved. Use of Force-50 Published with permission by Fresno County Sheriff's Office Fresno County Sheriff's Office Policy Manual Use of Force 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)): Copyright Lexipol,LLC 2020/12/30,All Rights Reserved. Use of Force-51 Published with permission by Fresno County Sheriff's Office Fresno County Sheriff's Office Policy Manual Use of Force (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. Copyright Lexipol,LLC 2020/12/30,All Rights Reserved. Use of Force-52 Published with permission by Fresno County Sheriff's Office Fresno County Sheriff's Office Policy Manual Use of Force 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: Copyright Lexipol,LLC 2020/12/30,All Rights Reserved. Use of Force-53 Published with permission by Fresno County Sheriff's Office Fresno County Sheriff's Office Policy Manual Use of Force 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. Copyright Lexipol,LLC 2020/12/30,All Rights Reserved. Use of Force-54 Published with permission by Fresno County Sheriff's Office Fresno County Sheriff's Office Policy Manual Use of Force 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)). Copyright Lexipol,LLC 2020/12/30,All Rights Reserved. Use of Force-55 Published with permission by Fresno County Sheriff's Office PolicyFresno County Sheriff's Office ' 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. Copyright Lexipol,LLC 2020/12/30,All Rights Reserved. Use of Force Review Boards-56 Published with permission by Fresno County Sheriff's Office Fresno County Sheriff's Office Policy Manual Use of Force Review Boards 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. Copyright Lexipol,LLC 2020/12/30,All Rights Reserved. Use of Force Review Boards-57 Published with permission by Fresno County Sheriff's Office Policy Fresno County Sheriff's Office ' 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 Copyright Lexipol,LLC 2020/12/30,All Rights Reserved. Handcuffing and Restraints-58 Published with permission by Fresno County Sheriff's Office Fresno County Sheriff's Office Policy Manual Handcuffing and Restraints 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. Copyright Lexipol,LLC 2020/12/30,All Rights Reserved. Handcuffing and Restraints-59 Published with permission by Fresno County Sheriff's Office Fresno County Sheriff's Office Policy Manual Handcuffing and Restraints 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). Copyright Lexipol,LLC 2020/12/30,All Rights Reserved. Handcuffing and Restraints-60 Published with permission by Fresno County Sheriff's Office Fresno County Sheriff's Office Policy Manual Handcuffing and Restraints 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. Copyright Lexipol,LLC 2020/12/30,All Rights Reserved. Handcuffing and Restraints-61 Published with permission by Fresno County Sheriff's Office 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. Copyright Lexipol,LLC 2020/12/30,All Rights Reserved. Control Devices and Techniques-62 Published with permission by Fresno County Sheriff's Office Fresno County Sheriff's Office Policy Manual Control Devices and Techniques 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. Copyright Lexipol,LLC 2020/12/30,All Rights Reserved. Control Devices and Techniques-63 Published with permission by Fresno County Sheriff's Office Fresno County Sheriff's Office Policy Manual Control Devices and Techniques 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. Copyright Lexipol,LLC 2020/12/30,All Rights Reserved. Control Devices and Techniques-64 Published with permission by Fresno County Sheriff's Office Fresno County Sheriff's Office Policy Manual Control Devices and Techniques (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. Copyright Lexipol,LLC 2020/12/30,All Rights Reserved. Control Devices and Techniques-65 Published with permission by Fresno County Sheriff's Office Fresno County Sheriff's Office Policy Manual Control Devices and Techniques 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. Copyright Lexipol,LLC 2020/12/30,All Rights Reserved. Control Devices and Techniques-66 Published with permission by Fresno County Sheriff's Office PolicyFresno County Sheriff's Office ' 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. Copyright Lexipol,LLC 2020/12/30,All Rights Reserved. Conducted Energy Device-67 Published with permission by Fresno County Sheriff's Office Fresno County Sheriff's Office Policy Manual Conducted Energy Device (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. Copyright Lexipol,LLC 2020/12/30,All Rights Reserved. Conducted Energy Device-68 Published with permission by Fresno County Sheriff's Office Fresno County Sheriff's Office Policy Manual Conducted Energy Device (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, Copyright Lexipol,LLC 2020/12/30,All Rights Reserved. Conducted Energy Device-69 Published with permission by Fresno County Sheriff's Office Fresno County Sheriff's Office Policy Manual Conducted Energy Device 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. Copyright Lexipol,LLC 2020/12/30,All Rights Reserved. Conducted Energy Device-70 Published with permission by Fresno County Sheriff's Office Fresno County Sheriff's Office Policy Manual Conducted Energy Device (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. Copyright Lexipol,LLC 2020/12/30,All Rights Reserved. Conducted Energy Device-71 Published with permission by Fresno County Sheriff's Office Fresno County Sheriff's Office Policy Manual Conducted Energy Device 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. Copyright Lexipol,LLC 2020/12/30,All Rights Reserved. Conducted Energy Device-72 Published with permission by Fresno County Sheriff's Office 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. Copyright Lexipol,LLC 2020/12/30,All Rights Reserved. Officer-Involved Shootings and Deaths-73 Published with permission by Fresno County Sheriff's Office Fresno County Sheriff's Office Policy Manual Officer-Involved Shootings and Deaths 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. Copyright Lexipol,LLC 2020/12/30,All Rights Reserved. Officer-Involved Shootings and Deaths-74 Published with permission by Fresno County Sheriff's Office Fresno County Sheriff's Office Policy Manual Officer-Involved Shootings and Deaths (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. Copyright Lexipol,LLC 2020/12/30,All Rights Reserved. Officer-Involved Shootings and Deaths-75 Published with permission by Fresno County Sheriff's Office Fresno County Sheriff's Office Policy Manual Officer-Involved Shootings and Deaths (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): Copyright Lexipol,LLC 2020/12/30,All Rights Reserved. Officer-Involved Shootings and Deaths-76 Published with permission by Fresno County Sheriff's Office Fresno County Sheriff's Office Policy Manual Officer-Involved Shootings and Deaths (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. Copyright Lexipol,LLC 2020/12/30,All Rights Reserved. Officer-Involved Shootings and Deaths-77 Published with permission by Fresno County Sheriff's Office Fresno County Sheriff's Office Policy Manual Officer-Involved Shootings and Deaths 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. Copyright Lexipol,LLC 2020/12/30,All Rights Reserved. Officer-Involved Shootings and Deaths-78 Published with permission by Fresno County Sheriff's Office Fresno County Sheriff's Office Policy Manual Officer-Involved Shootings and Deaths 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 Copyright Lexipol,LLC 2020/12/30,All Rights Reserved. Officer-Involved Shootings and Deaths-79 Published with permission by Fresno County Sheriff's Office Fresno County Sheriff's Office Policy Manual Officer-Involved Shootings and Deaths 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. Copyright Lexipol,LLC 2020/12/30,All Rights Reserved. Officer-Involved Shootings and Deaths-80 Published with permission by Fresno County Sheriff's Office Fresno County Sheriff's Office Policy Manual Officer-Involved Shootings and Deaths 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). Copyright Lexipol,LLC 2020/12/30,All Rights Reserved. Officer-Involved Shootings and Deaths-81 Published with permission by Fresno County Sheriff's Office 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 Copyright Lexipol,LLC 2020/12/30,All Rights Reserved. Firearms-82 Published with permission by Fresno County Sheriff's Office Fresno County Sheriff's Office Policy Manual Firearms 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: Copyright Lexipol,LLC 2020/12/30,All Rights Reserved. Firearms-83 Published with permission by Fresno County Sheriff's Office Fresno County Sheriff's Office Policy Manual Firearms (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. Copyright Lexipol,LLC 2020/12/30,All Rights Reserved. Firearms-84 Published with permission by Fresno County Sheriff's Office Fresno County Sheriff's Office Policy Manual Firearms 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. Copyright Lexipol,LLC 2020/12/30,All Rights Reserved. Firearms-85 Published with permission by Fresno County Sheriff's Office Fresno County Sheriff's Office Policy Manual Firearms 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. Copyright Lexipol,LLC 2020/12/30,All Rights Reserved. Firearms-86 Published with permission by Fresno County Sheriff's Office Fresno County Sheriff's Office Policy Manual Firearms 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. Copyright Lexipol,LLC 2020/12/30,All Rights Reserved. Firearms-87 Published with permission by Fresno County Sheriff's Office Fresno County Sheriff's Office Policy Manual Firearms 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. Copyright Lexipol,LLC 2020/12/30,All Rights Reserved. Firearms-88 Published with permission by Fresno County Sheriff's Office Fresno County Sheriff's Office Policy Manual Firearms (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 Copyright Lexipol,LLC 2020/12/30,All Rights Reserved. Firearms-89 Published with permission by Fresno County Sheriff's Office Fresno County Sheriff's Office Policy Manual Firearms 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. Copyright Lexipol,LLC 2020/12/30,All Rights Reserved. Firearms-90 Published with permission by Fresno County Sheriff's Office Fresno County Sheriff's Office Policy Manual Firearms (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. Copyright Lexipol,LLC 2020/12/30,All Rights Reserved. Firearms-91 Published with permission by Fresno County Sheriff's Office Fresno County Sheriff's Office Policy Manual Firearms (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. Copyright Lexipol,LLC 2020/12/30,All Rights Reserved. Firearms-92 Published with permission by Fresno County Sheriff's Office PolicyFresno County Sheriff's Office ' 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. Copyright Lexipol,LLC 2020/12/30,All Rights Reserved. Vehicle Pursuits-93 Published with permission by Fresno County Sheriff's Office Fresno County Sheriff's Office Policy Manual Vehicle Pursuits 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. Copyright Lexipol,LLC 2020/12/30,All Rights Reserved. Vehicle Pursuits-94 Published with permission by Fresno County Sheriff's Office Fresno County Sheriff's Office Policy Manual Vehicle Pursuits (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. Copyright Lexipol,LLC 2020/12/30,All Rights Reserved. Vehicle Pursuits-95 Published with permission by Fresno County Sheriff's Office Fresno County Sheriff's Office Policy Manual Vehicle Pursuits 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. Copyright Lexipol,LLC 2020/12/30,All Rights Reserved. Vehicle Pursuits-96 Published with permission by Fresno County Sheriff's Office Fresno County Sheriff's Office Policy Manual Vehicle Pursuits (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. Copyright Lexipol,LLC 2020/12/30,All Rights Reserved. Vehicle Pursuits-97 Published with permission by Fresno County Sheriff's Office Fresno County Sheriff's Office Policy Manual Vehicle Pursuits 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. Copyright Lexipol,LLC 2020/12/30,All Rights Reserved. Vehicle Pursuits-98 Published with permission by Fresno County Sheriff's Office Fresno County Sheriff's Office Policy Manual Vehicle Pursuits 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 Copyright Lexipol,LLC 2020/12/30,All Rights Reserved. Vehicle Pursuits-99 Published with permission by Fresno County Sheriff's Office Fresno County Sheriff's Office Policy Manual Vehicle Pursuits 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. Copyright Lexipol,LLC 2020/12/30,All Rights Reserved. Vehicle Pursuits- 100 Published with permission by Fresno County Sheriff's Office Fresno County Sheriff's Office Policy Manual Vehicle Pursuits 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. Copyright Lexipol,LLC 2020/12/30,All Rights Reserved. Vehicle Pursuits- 101 Published with permission by Fresno County Sheriff's Office Fresno County Sheriff's Office Policy Manual Vehicle Pursuits 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 Copyright Lexipol,LLC 2020/12/30,All Rights Reserved. Vehicle Pursuits- 102 Published with permission by Fresno County Sheriff's Office Fresno County Sheriff's Office Policy Manual Vehicle Pursuits 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. Copyright Lexipol,LLC 2020/12/30,All Rights Reserved. Vehicle Pursuits- 103 Published with permission by Fresno County Sheriff's Office Fresno County Sheriff's Office Policy Manual Vehicle Pursuits 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. Copyright Lexipol,LLC 2020/12/30,All Rights Reserved. Vehicle Pursuits- 104 Published with permission by Fresno County Sheriff's Office Fresno County Sheriff's Office Policy Manual Vehicle Pursuits 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. Copyright Lexipol,LLC 2020/12/30,All Rights Reserved. Vehicle Pursuits- 105 Published with permission by Fresno County Sheriff's Office Policy Fresno County Sheriff's Office 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. Copyright Lexipol,LLC 2020/12/30,All Rights Reserved. Deputy Response to Calls-106 Published with permission by Fresno County Sheriff's Office Fresno County Sheriff's Office Policy Manual Deputy Response to Calls 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. Copyright Lexipol,LLC 2020/12/30,All Rights Reserved. Deputy Response to Calls-107 Published with permission by Fresno County Sheriff's Office Fresno County Sheriff's Office Policy Manual Deputy Response to Calls 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. Copyright Lexipol,LLC 2020/12/30,All Rights Reserved. Deputy Response to Calls-108 Published with permission by Fresno County Sheriff's Office PolicyFresno County Sheriff's Office ' 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. Copyright Lexipol,LLC 2020/12/30,All Rights Reserved. Canines-109 Published with permission by Fresno County Sheriff's Office Fresno County Sheriff's Office Policy Manual Canines 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. Copyright Lexipol,LLC 2020/12/30,All Rights Reserved. Canines-1 1 O Published with permission by Fresno County Sheriff's Office Fresno County Sheriff's Office Policy Manual Canines 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 Copyright Lexipol,LLC 2020/12/30,All Rights Reserved. Canines-1 1 1 Published with permission by Fresno County Sheriff's Office Fresno County Sheriff's Office Policy Manual Canines 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. Copyright Lexipol,LLC 2020/12/30,All Rights Reserved. Canines-112 Published with permission by Fresno County Sheriff's Office Fresno County Sheriff's Office Policy Manual Canines (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. Copyright Lexipol,LLC 2020/12/30,All Rights Reserved. Canines-1 1 3 Published with permission by Fresno County Sheriff's Office Fresno County Sheriff's Office Policy Manual Canines (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. Copyright Lexipol,LLC 2020/12/30,All Rights Reserved. Canines-114 Published with permission by Fresno County Sheriff's Office Fresno County Sheriff's Office Policy Manual Canines (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. Copyright Lexipol,LLC 2020/12/30,All Rights Reserved. Canines-1 1 5 Published with permission by Fresno County Sheriff's Office Fresno County Sheriff's Office Policy Manual Canines (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. Copyright Lexipol,LLC 2020/12/30,All Rights Reserved. Canines-1 1 6 Published with permission by Fresno County Sheriff's Office Fresno County Sheriff's Office Policy Manual Canines (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). Copyright Lexipol,LLC 2020/12/30,All Rights Reserved. Canines-1 1 7 Published with permission by Fresno County Sheriff's Office 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. Copyright Lexipol,LLC 2020/12/30,All Rights Reserved. Domestic Violence-1 1 8 Published with permission by Fresno County Sheriff's Office Fresno County Sheriff's Office Policy Manual Domestic Violence (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. Copyright Lexipol,LLC 2020/12/30,All Rights Reserved. Domestic Violence-1 1 9 Published with permission by Fresno County Sheriff's Office Fresno County Sheriff's Office Policy Manual Domestic Violence 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. Copyright Lexipol,LLC 2020/12/30,All Rights Reserved. Domestic Violence-120 Published with permission by Fresno County Sheriff's Office Fresno County Sheriff's Office Policy Manual Domestic Violence 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. Copyright Lexipol,LLC 2020/12/30,All Rights Reserved. Domestic Violence-121 Published with permission by Fresno County Sheriff's Office Fresno County Sheriff's Office Policy Manual Domestic Violence 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. Copyright Lexipol,LLC 2020/12/30,All Rights Reserved. Domestic Violence-122 Published with permission by Fresno County Sheriff's Office Fresno County Sheriff's Office Policy Manual Domestic Violence (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. Copyright Lexipol,LLC 2020/12/30,All Rights Reserved. Domestic Violence-123 Published with permission by Fresno County Sheriff's Office Fresno County Sheriff's Office Policy Manual Domestic Violence (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). Copyright Lexipol,LLC 2020/12/30,All Rights Reserved. Domestic Violence-124 Published with permission by Fresno County Sheriff's Office 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. Copyright Lexipol,LLC 2020/12/30,All Rights Reserved. Search and Seizure-125 Published with permission by Fresno County Sheriff's Office Fresno County Sheriff's Office Policy Manual Search and Seizure 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. Copyright Lexipol,LLC 2020/12/30,All Rights Reserved. Search and Seizure-126 Published with permission by Fresno County Sheriff's Office 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. Copyright Lexipol,LLC 2020/12/30,All Rights Reserved. Temporary Custody of Juveniles- 127 Published with permission by Fresno County Sheriff's Office Fresno County Sheriff's Office Policy Manual Temporary Custody of Juveniles (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). Copyright Lexipol,LLC 2020/12/30,All Rights Reserved. Temporary Custody of Juveniles- 128 Published with permission by Fresno County Sheriff's Office Fresno County Sheriff's Office Policy Manual Temporary Custody of Juveniles 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 Copyright Lexipol,LLC 2020/12/30,All Rights Reserved. Temporary Custody of Juveniles- 129 Published with permission by Fresno County Sheriff's Office Fresno County Sheriff's Office Policy Manual Temporary Custody of Juveniles 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). Copyright Lexipol,LLC 2020/12/30,All Rights Reserved. Temporary Custody of Juveniles- 130 Published with permission by Fresno County Sheriff's Office Fresno County Sheriff's Office Policy Manual Temporary Custody of Juveniles 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. Copyright Lexipol,LLC 2020/12/30,All Rights Reserved. Temporary Custody of Juveniles- 131 Published with permission by Fresno County Sheriff's Office Fresno County Sheriff's Office Policy Manual Temporary Custody of Juveniles 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. Copyright Lexipol,LLC 2020/12/30,All Rights Reserved. Temporary Custody of Juveniles- 132 Published with permission by Fresno County Sheriff's Office Fresno County Sheriff's Office Policy Manual Temporary Custody of Juveniles (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 Copyright Lexipol,LLC 2020/12/30,All Rights Reserved. Temporary Custody of Juveniles- 133 Published with permission by Fresno County Sheriff's Office Fresno County Sheriff's Office Policy Manual Temporary Custody of Juveniles (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. Copyright Lexipol,LLC 2020/12/30,All Rights Reserved. Temporary Custody of Juveniles- 134 Published with permission by Fresno County Sheriff's Office Fresno County Sheriff's Office Policy Manual Temporary Custody of Juveniles 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): Copyright Lexipol,LLC 2020/12/30,All Rights Reserved. Temporary Custody of Juveniles- 135 Published with permission by Fresno County Sheriff's Office Fresno County Sheriff's Office Policy Manual Temporary Custody of Juveniles (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. Copyright Lexipol,LLC 2020/12/30,All Rights Reserved. Temporary Custody of Juveniles- 136 Published with permission by Fresno County Sheriff's Office Fresno County Sheriff's Office Policy Manual Temporary Custody of Juveniles 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). Copyright Lexipol,LLC 2020/12/30,All Rights Reserved. Temporary Custody of Juveniles- 137 Published with permission by Fresno County Sheriff's Office PolicyFresno County Sheriff's Office 313 Policy Manual 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. Copyright Lexipol,LLC 2020/12/30,All Rights Reserved. Elder and Dependent Adult Abuse- 138 Published with permission by Fresno County Sheriff's Office Fresno County Sheriff's Office Policy Manual Elder and Dependent Adult Abuse (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). Copyright Lexipol,LLC 2020/12/30,All Rights Reserved. Elder and Dependent Adult Abuse- 139 Published with permission by Fresno County Sheriff's Office Fresno County Sheriff's Office Policy Manual Elder and Dependent Adult Abuse 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. Copyright Lexipol,LLC 2020/12/30,All Rights Reserved. Elder and Dependent Adult Abuse- 140 Published with permission by Fresno County Sheriff's Office Fresno County Sheriff's Office Policy Manual Elder and Dependent Adult Abuse (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. Copyright Lexipol,LLC 2020/12/30,All Rights Reserved. Elder and Dependent Adult Abuse- 141 Published with permission by Fresno County Sheriff's Office Fresno County Sheriff's Office Policy Manual Elder and Dependent Adult Abuse (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. Copyright Lexipol,LLC 2020/12/30,All Rights Reserved. Elder and Dependent Adult Abuse- 142 Published with permission by Fresno County Sheriff's Office Fresno County Sheriff's Office Policy Manual Elder and Dependent Adult Abuse 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: Copyright Lexipol,LLC 2020/12/30,All Rights Reserved. Elder and Dependent Adult Abuse- 143 Published with permission by Fresno County Sheriff's Office Fresno County Sheriff's Office Policy Manual Elder and Dependent Adult Abuse (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 Copyright Lexipol,LLC 2020/12/30,All Rights Reserved. Elder and Dependent Adult Abuse- 144 Published with permission by Fresno County Sheriff's Office Fresno County Sheriff's Office Policy Manual Elder and Dependent Adult Abuse (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 Copyright Lexipol,LLC 2020/12/30,All Rights Reserved. Elder and Dependent Adult Abuse- 145 Published with permission by Fresno County Sheriff's Office Fresno County Sheriff's Office Policy Manual Elder and Dependent Adult Abuse 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. Copyright Lexipol,LLC 2020/12/30,All Rights Reserved. Elder and Dependent Adult Abuse- 146 Published with permission by Fresno County Sheriff's Office Fresno County Sheriff's Office Policy Manual Elder and Dependent Adult Abuse (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. Copyright Lexipol,LLC 2020/12/30,All Rights Reserved. Elder and Dependent Adult Abuse- 147 Published with permission by Fresno County Sheriff's Office 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 Copyright Lexipol,LLC 2020/12/30,All Rights Reserved. Discriminatory Harassment- 148 Published with permission by Fresno County Sheriff's Office Fresno County Sheriff's Office Policy Manual Discriminatory Harassment 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. Copyright Lexipol,LLC 2020/12/30,All Rights Reserved. Discriminatory Harassment- 149 Published with permission by Fresno County Sheriff's Office Fresno County Sheriff's Office Policy Manual Discriminatory Harassment 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 Copyright Lexipol,LLC 2020/12/30,All Rights Reserved. Discriminatory Harassment- 150 Published with permission by Fresno County Sheriff's Office Fresno County Sheriff's Office Policy Manual Discriminatory Harassment 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. Copyright Lexipol,LLC 2020/12/30,All Rights Reserved. Discriminatory Harassment- 151 Published with permission by Fresno County Sheriff's Office Fresno County Sheriff's Office Policy Manual Discriminatory Harassment 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). Copyright Lexipol,LLC 2020/12/30,All Rights Reserved. Discriminatory Harassment- 152 Published with permission by Fresno County Sheriff's Office Fresno County Sheriff's Office Policy Manual Discriminatory Harassment 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). Copyright Lexipol,LLC 2020/12/30,All Rights Reserved. Discriminatory Harassment- 153 Published with permission by Fresno County Sheriff's Office 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 Copyright Lexipol,LLC 2020/12/30,All Rights Reserved. Child Abuse-154 Published with permission by Fresno County Sheriff's Office Fresno County Sheriff's Office Policy Manual Child Abuse 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. Copyright Lexipol,LLC 2020/12/30,All Rights Reserved. Child Abuse-155 Published with permission by Fresno County Sheriff's Office Fresno County Sheriff's Office Policy Manual Child Abuse (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. Copyright Lexipol,LLC 2020/12/30,All Rights Reserved. Child Abuse-156 Published with permission by Fresno County Sheriff's Office Fresno County Sheriff's Office Policy Manual Child Abuse 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. Copyright Lexipol,LLC 2020/12/30,All Rights Reserved. Child Abuse-157 Published with permission by Fresno County Sheriff's Office Fresno County Sheriff's Office Policy Manual Child Abuse 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 Copyright Lexipol,LLC 2020/12/30,All Rights Reserved. Child Abuse-158 Published with permission by Fresno County Sheriff's Office Fresno County Sheriff's Office Policy Manual Child Abuse 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. Copyright Lexipol,LLC 2020/12/30,All Rights Reserved. Child Abuse-159 Published with permission by Fresno County Sheriff's Office Fresno County Sheriff's Office Policy Manual Child Abuse 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. Copyright Lexipol,LLC 2020/12/30,All Rights Reserved. Child Abuse-160 Published with permission by Fresno County Sheriff's Office Policy Fresno County Sheriff's Office • Policy Manual 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) Copyright Lexipol,LLC 2020/12/30,All Rights Reserved. Missing Persons- 161 Published with permission by Fresno County Sheriff's Office Fresno County Sheriff's Office Policy Manual Missing Persons • 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. Copyright Lexipol,LLC 2020/12/30,All Rights Reserved. Missing Persons- 162 Published with permission by Fresno County Sheriff's Office Fresno County Sheriff's Office Policy Manual Missing Persons 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. Copyright Lexipol,LLC 2020/12/30,All Rights Reserved. Missing Persons- 163 Published with permission by Fresno County Sheriff's Office Fresno County Sheriff's Office Policy Manual Missing Persons (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). Copyright Lexipol,LLC 2020/12/30,All Rights Reserved. Missing Persons- 164 Published with permission by Fresno County Sheriff's Office Fresno County Sheriff's Office Policy Manual Missing Persons (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. Copyright Lexipol,LLC 2020/12/30,All Rights Reserved. Missing Persons- 165 Published with permission by Fresno County Sheriff's Office Fresno County Sheriff's Office Policy Manual Missing Persons (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. Copyright Lexipol,LLC 2020/12/30,All Rights Reserved. Missing Persons- 166 Published with permission by Fresno County Sheriff's Office 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. Copyright Lexipol,LLC 2020/12/30,All Rights Reserved. Public AI@Its-167 Published with permission by Fresno County Sheriff's Office Fresno County Sheriff's Office Policy Manual Public Alerts 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) Copyright Lexipol,LLC 2020/12/30,All Rights Reserved. Public AI@Its-168 Published with permission by Fresno County Sheriff's Office Fresno County Sheriff's Office Policy Manual Public Alerts 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 Copyright Lexipol,LLC 2020/12/30,All Rights Reserved. Public AI@Its-169 Published with permission by Fresno County Sheriff's Office Fresno County Sheriff's Office Policy Manual 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. Copyright Lexipol,LLC 2020/12/30,All Rights Reserved. Public AI@Its-170 Published with permission by Fresno County Sheriff's Office Fresno County Sheriff's Office Policy Manual Public Alerts 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). Copyright Lexipol,LLC 2020/12/30,All Rights Reserved. Public AI@Its-171 Published with permission by Fresno County Sheriff's Office PolicyFresno County Sheriff's Office •• 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). Copyright Lexipol,LLC 2020/12/30,All Rights Reserved. Victim and Witness Assistance-172 Published with permission by Fresno County Sheriff's Office Fresno County Sheriff's Office Policy Manual Victim and Witness Assistance 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. Copyright Lexipol,LLC 2020/12/30,All Rights Reserved. Victim and Witness Assistance-173 Published with permission by Fresno County Sheriff's Office Fresno County Sheriff's Office Policy Manual Victim and Witness Assistance (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. Copyright Lexipol,LLC 2020/12/30,All Rights Reserved. Victim and Witness Assistance-174 Published with permission by Fresno County Sheriff's Office 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. Copyright Lexipol,LLC 2020/12/30,All Rights Reserved. Hate Crimes-175 Published with permission by Fresno County Sheriff's Office Fresno County Sheriff's Office Policy Manual Hate Crimes 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). Copyright Lexipol,LLC 2020/12/30,All Rights Reserved. Hate Crimes-176 Published with permission by Fresno County Sheriff's Office Fresno County Sheriff's Office Policy Manual Hate Crimes (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 Copyright Lexipol,LLC 2020/12/30,All Rights Reserved. Hate Crimes-177 Published with permission by Fresno County Sheriff's Office Fresno County Sheriff's Office Policy Manual Hate Crimes 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 Copyright Lexipol,LLC 2020/12/30,All Rights Reserved. Hate Crimes-178 Published with permission by Fresno County Sheriff's Office Fresno County Sheriff's Office Policy Manual Hate Crimes 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 Copyright Lexipol,LLC 2020/12/30,All Rights Reserved. Hate Crimes-179 Published with permission by Fresno County Sheriff's Office Fresno County Sheriff's Office Policy Manual Hate Crimes • 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 Copyright Lexipol,LLC 2020/12/30,All Rights Reserved. Hate Crimes-180 Published with permission by Fresno County Sheriff's Office Fresno County Sheriff's Office Policy Manual Hate Crimes 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. Copyright Lexipol,LLC 2020/12/30,All Rights Reserved. Hate Crimes-181 Published with permission by Fresno County Sheriff's Office Fresno County Sheriff's Office Policy Manual Hate Crimes (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 Copyright Lexipol,LLC 2020/12/30,All Rights Reserved. Hate Crimes-182 Published with permission by Fresno County Sheriff's Office Fresno County Sheriff's Office Policy Manual Hate Crimes 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 Copyright Lexipol,LLC 2020/12/30,All Rights Reserved. Hate Crimes-183 Published with permission by Fresno County Sheriff's Office Fresno County Sheriff's Office Policy Manual Hate Crimes 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. Copyright Lexipol,LLC 2020/12/30,All Rights Reserved. Hate Crimes-184 Published with permission by Fresno County Sheriff's Office Fresno County Sheriff's Office Policy Manual Hate Crimes (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. Copyright Lexipol,LLC 2020/12/30,All Rights Reserved. Hate Crimes-185 Published with permission by Fresno County Sheriff's Office Fresno County Sheriff's Office Policy Manual Hate Crimes 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. Copyright Lexipol,LLC 2020/12/30,All Rights Reserved. Hate Crimes-186 Published with permission by Fresno County Sheriff's Office Fresno County Sheriff's Office Policy Manual Hate Crimes (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. Copyright Lexipol,LLC 2020/12/30,All Rights Reserved. Hate Crimes-187 Published with permission by Fresno County Sheriff's Office 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. Copyright Lexipol,LLC 2020/12/30,All Rights Reserved. Standards of Conduct- 188 Published with permission by Fresno County Sheriff's Office Fresno County Sheriff's Office Policy Manual Standards of Conduct 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. Copyright Lexipol,LLC 2020/12/30,All Rights Reserved. Standards of Conduct- 189 Published with permission by Fresno County Sheriff's Office Fresno County Sheriff's Office Policy Manual Standards of Conduct 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. Copyright Lexipol,LLC 2020/12/30,All Rights Reserved. Standards of Conduct- 190 Published with permission by Fresno County Sheriff's Office Fresno County Sheriff's Office Policy Manual Standards of Conduct 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. Copyright Lexipol,LLC 2020/12/30,All Rights Reserved. Standards of Conduct- 191 Published with permission by Fresno County Sheriff's Office Fresno County Sheriff's Office Policy Manual Standards of Conduct (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. Copyright Lexipol,LLC 2020/12/30,All Rights Reserved. Standards of Conduct- 192 Published with permission by Fresno County Sheriff's Office Fresno County Sheriff's Office Policy Manual Standards of Conduct (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. Copyright Lexipol,LLC 2020/12/30,All Rights Reserved. Standards of Conduct- 193 Published with permission by Fresno County Sheriff's Office Fresno County Sheriff's Office Policy Manual Standards of Conduct (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. Copyright Lexipol,LLC 2020/12/30,All Rights Reserved. Standards of Conduct- 194 Published with permission by Fresno County Sheriff's Office 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. Copyright Lexipol,LLC 2020/12/30,All Rights Reserved. Information Technology Use- 195 Published with permission by Fresno County Sheriff's Office Fresno County Sheriff's Office Policy Manual Information Technology Use 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. Copyright Lexipol,LLC 2020/12/30,All Rights Reserved. Information Technology Use- 196 Published with permission by Fresno County Sheriff's Office Fresno County Sheriff's Office Policy Manual Information Technology Use 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 Copyright Lexipol,LLC 2020/12/30,All Rights Reserved. Information Technology Use- 197 Published with permission by Fresno County Sheriff's Office Fresno County Sheriff's Office Policy Manual Information Technology Use 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. Copyright Lexipol,LLC 2020/12/30,All Rights Reserved. Information Technology Use- 198 Published with permission by Fresno County Sheriff's Office 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. Copyright Lexipol,LLC 2020/12/30,All Rights Reserved. Use of Social Media on Behalf of the Office- Published with permission by Fresno County Sheriff's Office 199 Fresno County Sheriff's Office Policy Manual Use of Social Media on Behalf of the Office (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. Copyright Lexipol,LLC 2020/12/30,All Rights Reserved. Use of Social Media on Behalf of the Office- Published with permission by Fresno County Sheriff's Office 200 Fresno County Sheriff's Office Policy Manual Use of Social Media on Behalf of the Office (c) Indicate that posted comments will be monitored and that comments containing abusive, profane or vulgar language; offensive language targeting any race, religion, or protected class of individuals; off-topic comments; and personal attacks will be removed. 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. Copyright Lexipol,LLC 2020/12/30,All Rights Reserved. Use of Social Media on Behalf of the Office- Published with permission by Fresno County Sheriff's Office 201 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 Copyright Lexipol,LLC 2020/12/30,All Rights Reserved. Report Preparation-202 Published with permission by Fresno County Sheriff's Office Fresno County Sheriff's Office Policy Manual Report Preparation 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 Copyright Lexipol,LLC 2020/12/30,All Rights Reserved. Report Preparation-203 Published with permission by Fresno County Sheriff's Office Fresno County Sheriff's Office Policy Manual Report Preparation (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. Copyright Lexipol,LLC 2020/12/30,All Rights Reserved. Report Preparation-204 Published with permission by Fresno County Sheriff's Office Fresno County Sheriff's Office Policy Manual Report Preparation (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. Copyright Lexipol,LLC 2020/12/30,All Rights Reserved. Report Preparation-205 Published with permission by Fresno County Sheriff's Office Fresno County Sheriff's Office Policy Manual Report Preparation 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 Copyright Lexipol,LLC 2020/12/30,All Rights Reserved. Report Preparation-206 Published with permission by Fresno County Sheriff's Office Fresno County Sheriff's Office Policy Manual Report Preparation 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. Copyright Lexipol,LLC 2020/12/30,All Rights Reserved. Report Preparation-207 Published with permission by Fresno County Sheriff's Office 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 Copyright Lexipol,LLC 2020/12/30,All Rights Reserved. News Media Relations-208 Published with permission by Fresno County Sheriff's Office Fresno County Sheriff's Office Policy Manual News Media Relations 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 Copyright Lexipol,LLC 2020/12/30,All Rights Reserved. News Media Relations-209 Published with permission by Fresno County Sheriff's Office Fresno County Sheriff's Office Policy Manual News Media Relations 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. Copyright Lexipol,LLC 2020/12/30,All Rights Reserved. News Media Relations-210 Published with permission by Fresno County Sheriff's Office 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. Copyright Lexipol,LLC 2020/12/30,All Rights Reserved. Subpoenas and Court Appearances-211 Published with permission by Fresno County Sheriff's Office Fresno County Sheriff's Office Policy Manual Subpoenas and Court Appearances (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. Copyright Lexipol,LLC 2020/12/30,All Rights Reserved. Subpoenas and Court Appearances-212 Published with permission by Fresno County Sheriff's Office Fresno County Sheriff's Office Policy Manual Subpoenas and Court Appearances (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. Copyright Lexipol,LLC 2020/12/30,All Rights Reserved. Subpoenas and Court Appearances-213 Published with permission by Fresno County Sheriff's Office PolicyFresno County Sheriff's Office • 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. Copyright Lexipol,LLC 2020/12/30,All Rights Reserved. Reserve Deputies-214 Published with permission by Fresno County Sheriff's Office Fresno County Sheriff's Office Policy Manual Reserve Deputies 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 Copyright Lexipol,LLC 2020/12/30,All Rights Reserved. Reserve Deputies-215 Published with permission by Fresno County Sheriff's Office Fresno County Sheriff's Office Policy Manual Reserve Deputies 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. Copyright Lexipol,LLC 2020/12/30,All Rights Reserved. Reserve Deputies-216 Published with permission by Fresno County Sheriff's Office Fresno County Sheriff's Office Policy Manual Reserve Deputies 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. Copyright Lexipol,LLC 2020/12/30,All Rights Reserved. Reserve Deputies-217 Published with permission by Fresno County Sheriff's Office 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. Copyright Lexipol,LLC 2020/12/30,All Rights Reserved. Outside Agency Assistance-218 Published with permission by Fresno County Sheriff's Office 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. Copyright Lexipol,LLC 2020/12/30,all Rights Reserved. Registered Offender Information-219 Published with permission by Fresno County Sheriff's Office Fresno County Sheriff's Office Policy Manual Registered Offender Information 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 Copyright Lexipol,LLC 2020/12/30,all Rights Reserved. Registered Offender Information-220 Published with permission by Fresno County Sheriff's Office Fresno County Sheriff's Office Policy Manual Registered Offender Information (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). Copyright Lexipol,LLC 2020/12/30,all Rights Reserved. Registered Offender Information-221 Published with permission by Fresno County Sheriff's Office 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. Copyright Lexipol,LLC 2020/12/30,All Rights Reserved. Major Incident Notification-222 Published with permission by Fresno County Sheriff's Office Fresno County Sheriff's Office Policy Manual Major Incident Notification 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. Copyright Lexipol,LLC 2020/12/30,All Rights Reserved. Major Incident Notification-223 Published with permission by Fresno County Sheriff's Office 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). Copyright Lexipol,LLC 2020/12/30,All Rights Reserved. Death Investigation-224 Published with permission by Fresno County Sheriff's Office Fresno County Sheriff's Office Policy Manual Death Investigation (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 Copyright Lexipol,LLC 2020/12/30,All Rights Reserved. Death Investigation-225 Published with permission by Fresno County Sheriff's Office Fresno County Sheriff's Office Policy Manual Death Investigation 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)). Copyright Lexipol,LLC 2020/12/30,All Rights Reserved. Death Investigation-226 Published with permission by Fresno County Sheriff's Office 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. Copyright Lexipol,LLC 2020/12/30,All Rights Reserved. Identity Theft-227 Published with permission by Fresno County Sheriff's Office 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. Copyright Lexipol,LLC 2020/12/30,All Rights Reserved. Communications with Persons with Disabilities Published with permission by Fresno County Sheriff's Office -228 Fresno County Sheriff's Office Policy Manual Communications with Persons with Disabilities (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. Copyright Lexipol,LLC 2020/12/30,All Rights Reserved. Communications with Persons with Disabilities Published with permission by Fresno County Sheriff's Office -229 Fresno County Sheriff's Office Policy Manual Communications with Persons with Disabilities 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. Copyright Lexipol,LLC 2020/12/30,All Rights Reserved. Communications with Persons with Disabilities Published with permission by Fresno County Sheriff's Office -230 Fresno County Sheriff's Office Policy Manual Communications with Persons with Disabilities 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. Copyright Lexipol,LLC 2020/12/30,All Rights Reserved. Communications with Persons with Disabilities Published with permission by Fresno County Sheriff's Office -231 Fresno County Sheriff's Office Policy Manual Communications with Persons with Disabilities 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. Copyright Lexipol,LLC 2020/12/30,All Rights Reserved. Communications with Persons with Disabilities Published with permission by Fresno County Sheriff's Office -232 Fresno County Sheriff's Office Policy Manual Communications with Persons with Disabilities 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. Copyright Lexipol,LLC 2020/12/30,All Rights Reserved. Communications with Persons with Disabilities Published with permission by Fresno County Sheriff's Office -233 Fresno County Sheriff's Office Policy Manual Communications with Persons with Disabilities 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. Copyright Lexipol,LLC 2020/12/30,All Rights Reserved. Communications with Persons with Disabilities Published with permission by Fresno County Sheriff's Office -234 Fresno County Sheriff's Office Policy Manual Communications with Persons with Disabilities 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. Copyright Lexipol,LLC 2020/12/30,All Rights Reserved. Communications with Persons with Disabilities Published with permission by Fresno County Sheriff's Office -235 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. Copyright Lexipol,LLC 2020/12/30,All Rights Reserved. Private Person's Arrests-236 Published with permission by Fresno County Sheriff's Office Fresno County Sheriff's Office Policy Manual Private Person's Arrests 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. Copyright Lexipol,LLC 2020/12/30,All Rights Reserved. Private Person's Arrests-237 Published with permission by Fresno County Sheriff's Office 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. Copyright Lexipol,LLC 2020/12/30,All Rights Reserved. Anti-Reproductive Rights Crimes Reporting- Published with permission by Fresno County Sheriff's Office 238 Fresno County Sheriff's Office Policy Manual Anti-Reproductive Rights Crimes Reporting 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). Copyright Lexipol,LLC 2020/12/30,All Rights Reserved. Anti-Reproductive Rights Crimes Reporting- Published with permission by Fresno County Sheriff's Office 239 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: Copyright Lexipol,LLC 2020/12/30,All Rights Reserved. Limited English Proficiency Services-240 Published with permission by Fresno County Sheriff's Office Fresno County Sheriff's Office Policy Manual Limited English Proficiency Services (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. Copyright Lexipol,LLC 2020/12/30,All Rights Reserved. Limited English Proficiency Services-241 Published with permission by Fresno County Sheriff's Office Fresno County Sheriff's Office Policy Manual Limited English Proficiency Services (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. Copyright Lexipol,LLC 2020/12/30,All Rights Reserved. Limited English Proficiency Services-242 Published with permission by Fresno County Sheriff's Office Fresno County Sheriff's Office Policy Manual Limited English Proficiency Services 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 Copyright Lexipol,LLC 2020/12/30,All Rights Reserved. Limited English Proficiency Services-243 Published with permission by Fresno County Sheriff's Office Fresno County Sheriff's Office Policy Manual Limited English Proficiency Services 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. Copyright Lexipol,LLC 2020/12/30,All Rights Reserved. Limited English Proficiency Services-244 Published with permission by Fresno County Sheriff's Office Fresno County Sheriff's Office Policy Manual Limited English Proficiency Services 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 Copyright Lexipol,LLC 2020/12/30,All Rights Reserved. Limited English Proficiency Services-245 Published with permission by Fresno County Sheriff's Office Fresno County Sheriff's Office Policy Manual Limited English Proficiency Services 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. Copyright Lexipol,LLC 2020/12/30,All Rights Reserved. Limited English Proficiency Services-246 Published with permission by Fresno County Sheriff's Office 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 Copyright Lexipol,LLC 2020/12/30,All Rights Reserved. Mandatory Employer Notification-247 Published with permission by Fresno County Sheriff's Office Fresno County Sheriff's Office Policy Manual Mandatory Employer Notification 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). Copyright Lexipol,LLC 2020/12/30,All Rights Reserved. Mandatory Employer Notification-248 Published with permission by Fresno County Sheriff's Office 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. Copyright Lexipol,LLC 2020/12/30,All Rights Reserved. Biological Samples-249 Published with permission by Fresno County Sheriff's Office 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. Copyright Lexipol,LLC 2020/12/30,All Rights Reserved. Chaplains-250 Published with permission by Fresno County Sheriff's Office Fresno County Sheriff's Office Policy Manual Chaplains 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. Copyright Lexipol,LLC 2020/12/30,All Rights Reserved. Chaplains-251 Published with permission by Fresno County Sheriff's Office Fresno County Sheriff's Office Policy Manual Chaplains (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 Copyright Lexipol,LLC 2020/12/30,All Rights Reserved. Chaplains-252 Published with permission by Fresno County Sheriff's Office Fresno County Sheriff's Office Policy Manual Chaplains 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. Copyright Lexipol,LLC 2020/12/30,All Rights Reserved. Chaplains-253 Published with permission by Fresno County Sheriff's Office Fresno County Sheriff's Office Policy Manual Chaplains (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 Copyright Lexipol,LLC 2020/12/30,All Rights Reserved. Chaplains-254 Published with permission by Fresno County Sheriff's Office Fresno County Sheriff's Office Policy Manual Chaplains • Substance abuse • Suicide • Member injury or death • Sensitivity and diversity Copyright Lexipol,LLC 2020/12/30,All Rights Reserved. Chaplains-255 Published with permission by Fresno County Sheriff's Office 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. Copyright Lexipol,LLC 2020/12/30,All Rights Reserved. Public Safety Video Surveillance System-256 Published with permission by Fresno County Sheriff's Office Fresno County Sheriff's Office Policy Manual Public Safety Video Surveillance System (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. Copyright Lexipol,LLC 2020/12/30,All Rights Reserved. Public Safety Video Surveillance System-257 Published with permission by Fresno County Sheriff's Office Fresno County Sheriff's Office Policy Manual Public Safety Video Surveillance System 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 Copyright Lexipol,LLC 2020/12/30,All Rights Reserved. Public Safety Video Surveillance System-258 Published with permission by Fresno County Sheriff's Office Fresno County Sheriff's Office Policy Manual Public Safety Video Surveillance System 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. Copyright Lexipol,LLC 2020/12/30,All Rights Reserved. Public Safety Video Surveillance System-259 Published with permission by Fresno County Sheriff's Office 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. Copyright Lexipol,LLC 2020/12/30,All Rights Reserved. Child and Dependent Adult Safety-260 Published with permission by Fresno County Sheriff's Office Fresno County Sheriff's Office Policy Manual Child and Dependent Adult Safety 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)). Copyright Lexipol,LLC 2020/12/30,All Rights Reserved. Child and Dependent Adult Safety-261 Published with permission by Fresno County Sheriff's Office Fresno County Sheriff's Office Policy Manual Child and Dependent Adult Safety 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. Copyright Lexipol,LLC 2020/12/30,All Rights Reserved. Child and Dependent Adult Safety-262 Published with permission by Fresno County Sheriff's Office Fresno County Sheriff's Office Policy Manual Child and Dependent Adult Safety 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). Copyright Lexipol,LLC 2020/12/30,All Rights Reserved. Child and Dependent Adult Safety-263 Published with permission by Fresno County Sheriff's Office 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. Copyright Lexipol,LLC 2020/12/30,All Rights Reserved. Service Animals-264 Published with permission by Fresno County Sheriff's Office Fresno County Sheriff's Office Policy Manual Service Animals • 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. Copyright Lexipol,LLC 2020/12/30,All Rights Reserved. Service Animals-265 Published with permission by Fresno County Sheriff's Office Fresno County Sheriff's Office Policy Manual Service Animals 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). Copyright Lexipol,LLC 2020/12/30,All Rights Reserved. Service Animals-266 Published with permission by Fresno County Sheriff's Office 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. Copyright Lexipol,LLC 2020/12/30,All Rights Reserved. Volunteer Program-267 Published with permission by Fresno County Sheriff's Office Fresno County Sheriff's Office Policy Manual Volunteer Program (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. Copyright Lexipol,LLC 2020/12/30,All Rights Reserved. Volunteer Program-268 Published with permission by Fresno County Sheriff's Office Fresno County Sheriff's Office Policy Manual Volunteer Program 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. Copyright Lexipol,LLC 2020/12/30,All Rights Reserved. Volunteer Program-269 Published with permission by Fresno County Sheriff's Office Fresno County Sheriff's Office Policy Manual Volunteer Program 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. Copyright Lexipol,LLC 2020/12/30,All Rights Reserved. Volunteer Program-270 Published with permission by Fresno County Sheriff's Office Fresno County Sheriff's Office Policy Manual Volunteer Program 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. Copyright Lexipol,LLC 2020/12/30,All Rights Reserved. Volunteer Program-271 Published with permission by Fresno County Sheriff's Office 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. Copyright Lexipol,LLC 2020/12/30,All Rights Reserved. Off-Duty Law Enforcement Actions-272 Published with permission by Fresno County Sheriff's Office Fresno County Sheriff's Office Policy Manual Off-Duty Law Enforcement Actions (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. Copyright Lexipol,LLC 2020/12/30,All Rights Reserved. Off-Duty Law Enforcement Actions-273 Published with permission by Fresno County Sheriff's Office 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). Copyright Lexipol,LLC 2020/12/30,All Rights Reserved. Gun Violence Restraining Orders-274 Published with permission by Fresno County Sheriff's Office Fresno County Sheriff's Office Policy Manual Gun Violence Restraining Orders (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. Copyright Lexipol,LLC 2020/12/30,All Rights Reserved. Gun Violence Restraining Orders-275 Published with permission by Fresno County Sheriff's Office Fresno County Sheriff's Office Policy Manual Gun Violence Restraining Orders 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. Copyright Lexipol,LLC 2020/12/30,All Rights Reserved. Gun Violence Restraining Orders-276 Published with permission by Fresno County Sheriff's Office Fresno County Sheriff's Office Policy Manual Gun Violence Restraining Orders 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. Copyright Lexipol,LLC 2020/12/30,All Rights Reserved. Gun Violence Restraining Orders-277 Published with permission by Fresno County Sheriff's Office Fresno County Sheriff's Office Policy Manual Gun Violence Restraining Orders (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). Copyright Lexipol,LLC 2020/12/30,All Rights Reserved. Gun Violence Restraining Orders-278 Published with permission by Fresno County Sheriff's Office PolicyFresno County Sheriff's Office 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. Copyright Lexipol,LLC 2020/12/30,All Rights Reserved. Native American Graves Protection and Published with permission by Fresno County Sheriff's Office Repatriation-279 Fresno County Sheriff's Office Policy Manual Native American Graves Protection and Repatriation 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). Copyright Lexipol,LLC 2020/12/30,All Rights Reserved. Native American Graves Protection and Published with permission by Fresno County Sheriff's Office Repatriation-280 Fresno County Sheriff's Office Policy Manual Chapter 4 - Patrol Operations Copyright Lexipol,LLC 2020/12/30,All Rights Reserved. Patrol Operations-281 Published with permission by Fresno County Sheriff's Office PolicyFresno County Sheriff's Office 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. Copyright Lexipol,LLC 2020/12/30,All Rights Reserved. Patrol Function-282 Published with permission by Fresno County Sheriff's Office Fresno County Sheriff's Office Policy Manual Patrol Function 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. Copyright Lexipol,LLC 2020/12/30,All Rights Reserved. Patrol Function-283 Published with permission by Fresno County Sheriff's Office PolicyFresno County Sheriff's Office 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. Copyright Lexipol,LLC 2020/12/30,All Rights Reserved. Bias-Based Policing-284 Published with permission by Fresno County Sheriff's Office Fresno County Sheriff's Office Policy Manual Bias-Based Policing 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. Copyright Lexipol,LLC 2020/12/30,All Rights Reserved. Bias-Based Policing-285 Published with permission by Fresno County Sheriff's Office Fresno County Sheriff's Office Policy Manual Bias-Based Policing 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). Copyright Lexipol,LLC 2020/12/30,All Rights Reserved. Bias-Based Policing-286 Published with permission by Fresno County Sheriff's Office PolicyFresno County Sheriff's Office 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. Copyright Lexipol,LLC 2020/12/30,All Rights Reserved. Patrol Briefing Training-287 Published with permission by Fresno County Sheriff's Office PolicyFresno County Sheriff's Office 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. Copyright Lexipol,LLC 2020/12/30,all Rights Reserved. Crime and Disaster Scene Integrity-288 Published with permission by Fresno County Sheriff's Office Fresno County Sheriff's Office Policy Manual Crime and Disaster Scene Integrity 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). Copyright Lexipol,LLC 2020/12/30,all Rights Reserved. Crime and Disaster Scene Integrity-289 Published with permission by Fresno County Sheriff's Office PolicyFresno County Sheriff's Office 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 Copyright Lexipol,LLC 2020/12/30,All Rights Reserved. Special Weapons and Tactics(SWAT) Unit- Published with permission by Fresno County Sheriff's Office 290 Fresno County Sheriff's Office Policy Manual Special Weapons and Tactics (SWAT) Unit 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. Copyright Lexipol,LLC 2020/12/30,All Rights Reserved. Special Weapons and Tactics(SWAT) Unit- Published with permission by Fresno County Sheriff's Office 291 Fresno County Sheriff's Office Policy Manual Special Weapons and Tactics (SWAT) Unit (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. Copyright Lexipol,LLC 2020/12/30,All Rights Reserved. Special Weapons and Tactics(SWAT) Unit- Published with permission by Fresno County Sheriff's Office 292 Fresno County Sheriff's Office Policy Manual Special Weapons and Tactics (SWAT) Unit 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. Copyright Lexipol,LLC 2020/12/30,All Rights Reserved. Special Weapons and Tactics(SWAT) Unit- Published with permission by Fresno County Sheriff's Office 293 Fresno County Sheriff's Office Policy Manual Special Weapons and Tactics (SWAT) Unit 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. Copyright Lexipol,LLC 2020/12/30,All Rights Reserved. Special Weapons and Tactics(SWAT) Unit- Published with permission by Fresno County Sheriff's Office 294 Fresno County Sheriff's Office Policy Manual Special Weapons and Tactics (SWAT) Unit 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. Copyright Lexipol,LLC 2020/12/30,All Rights Reserved. Special Weapons and Tactics(SWAT) Unit- Published with permission by Fresno County Sheriff's Office 295 Fresno County Sheriff's Office Policy Manual Special Weapons and Tactics (SWAT) Unit 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 Copyright Lexipol,LLC 2020/12/30,All Rights Reserved. Special Weapons and Tactics(SWAT) Unit- Published with permission by Fresno County Sheriff's Office 296 Fresno County Sheriff's Office Policy Manual Special Weapons and Tactics (SWAT) Unit 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 Copyright Lexipol,LLC 2020/12/30,All Rights Reserved. Special Weapons and Tactics(SWAT) Unit- Published with permission by Fresno County Sheriff's Office 297 Fresno County Sheriff's Office Policy Manual Special Weapons and Tactics (SWAT) Unit 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. Copyright Lexipol,LLC 2020/12/30,All Rights Reserved. Special Weapons and Tactics(SWAT) Unit- Published with permission by Fresno County Sheriff's Office 298 Fresno County Sheriff's Office Policy Manual Special Weapons and Tactics (SWAT) Unit 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: Copyright Lexipol,LLC 2020/12/30,All Rights Reserved. Special Weapons and Tactics(SWAT) Unit- Published with permission by Fresno County Sheriff's Office 299 Fresno County Sheriff's Office Policy Manual Special Weapons and Tactics (SWAT) Unit (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. Copyright Lexipol,LLC 2020/12/30,All Rights Reserved. Special Weapons and Tactics(SWAT) Unit- Published with permission by Fresno County Sheriff's Office 300 Policy Fresno County Sheriff's Office 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. Copyright Lexipol,LLC 2020/12/30,All Rights Reserved. Ride-Along Policy-301 Published with permission by Fresno County Sheriff's Office Fresno County Sheriff's Office Policy Manual Ride Along Policy 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 Copyright Lexipol,LLC 2020/12/30,All Rights Reserved. Ride-Along Policy-302 Published with permission by Fresno County Sheriff's Office Fresno County Sheriff's Office Policy Manual Ride Along Policy (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 Copyright Lexipol,LLC 2020/12/30,All Rights Reserved. Ride-Along Policy-303 Published with permission by Fresno County Sheriff's Office 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 Copyright Lexipol,LLC 2020/12/30,All Rights Reserved. Hazardous Material Response-304 Published with permission by Fresno County Sheriff's Office Fresno County Sheriff's Office Policy Manual Hazardous Material Response 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. Copyright Lexipol,LLC 2020/12/30,All Rights Reserved. Hazardous Material Response-305 Published with permission by Fresno County Sheriff's Office PolicyFresno County Sheriff's Office 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)): Copyright Lexipol,LLC 2020/12/30,All Rights Reserved. Hostage and Barricade Incidents-306 Published with permission by Fresno County Sheriff's Office Fresno County Sheriff's Office Policy Manual 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). Copyright Lexipol,LLC 2020/12/30,All Rights Reserved. Hostage and Barricade Incidents-307 Published with permission by Fresno County Sheriff's Office Fresno County Sheriff's Office Policy Manual Hostage and Barricade Incidents (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. Copyright Lexipol,LLC 2020/12/30,All Rights Reserved. Hostage and Barricade Incidents-308 Published with permission by Fresno County Sheriff's Office Fresno County Sheriff's Office Policy Manual Hostage and Barricade Incidents (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 Copyright Lexipol,LLC 2020/12/30,All Rights Reserved. Hostage and Barricade Incidents-309 Published with permission by Fresno County Sheriff's Office Fresno County Sheriff's Office Policy Manual Hostage and Barricade Incidents 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. Copyright Lexipol,LLC 2020/12/30,All Rights Reserved. Hostage and Barricade Incidents-310 Published with permission by Fresno County Sheriff's Office 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: Copyright Lexipol,LLC 2020/12/30,All Rights Reserved. Response to Bomb Calls-311 Published with permission by Fresno County Sheriff's Office Fresno County Sheriff's Office Policy Manual Response to Bomb Calls 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 Copyright Lexipol,LLC 2020/12/30,All Rights Reserved. Response to Bomb Calls-312 Published with permission by Fresno County Sheriff's Office Fresno County Sheriff's Office Policy Manual Response to Bomb Calls 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. Copyright Lexipol,LLC 2020/12/30,All Rights Reserved. Response to Bomb Calls-313 Published with permission by Fresno County Sheriff's Office Fresno County Sheriff's Office Policy Manual Response to Bomb Calls 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 Copyright Lexipol,LLC 2020/12/30,All Rights Reserved. Response to Bomb Calls-314 Published with permission by Fresno County Sheriff's Office Fresno County Sheriff's Office Policy Manual Response to Bomb Calls • 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 Copyright Lexipol,LLC 2020/12/30,All Rights Reserved. Response to Bomb Calls-315 Published with permission by Fresno County Sheriff's Office 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 Copyright Lexipol,LLC 2020/12/30,All Rights Reserved. Crisis Intervention Incidents-316 Published with permission by Fresno County Sheriff's Office Fresno County Sheriff's Office Policy Manual Crisis Intervention Incidents 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. Copyright Lexipol,LLC 2020/12/30,All Rights Reserved. Crisis Intervention Incidents-317 Published with permission by Fresno County Sheriff's Office Fresno County Sheriff's Office Policy Manual Crisis Intervention Incidents (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. Copyright Lexipol,LLC 2020/12/30,All Rights Reserved. Crisis Intervention Incidents-318 Published with permission by Fresno County Sheriff's Office Fresno County Sheriff's Office Policy Manual Crisis Intervention Incidents 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 Copyright Lexipol,LLC 2020/12/30,All Rights Reserved. Crisis Intervention Incidents-319 Published with permission by Fresno County Sheriff's Office Fresno County Sheriff's Office Policy Manual Crisis Intervention Incidents 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). Copyright Lexipol,LLC 2020/12/30,All Rights Reserved. Crisis Intervention Incidents-320 Published with permission by Fresno County Sheriff's Office 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. Copyright Lexipol,LLC 2020/12/30,All Rights Reserved. Mental Illness Commitments-321 Published with permission by Fresno County Sheriff's Office Fresno County Sheriff's Office Policy Manual Mental Illness Commitments (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. Copyright Lexipol,LLC 2020/12/30,All Rights Reserved. Mental Illness Commitments-322 Published with permission by Fresno County Sheriff's Office Fresno County Sheriff's Office Policy Manual Mental Illness Commitments 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. Copyright Lexipol,LLC 2020/12/30,All Rights Reserved. Mental Illness Commitments-323 Published with permission by Fresno County Sheriff's Office Fresno County Sheriff's Office Policy Manual Mental Illness Commitments 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. Copyright Lexipol,LLC 2020/12/30,All Rights Reserved. Mental Illness Commitments-324 Published with permission by Fresno County Sheriff's Office Fresno County Sheriff's Office Policy Manual Mental Illness Commitments 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. Copyright Lexipol,LLC 2020/12/30,All Rights Reserved. Mental Illness Commitments-325 Published with permission by Fresno County Sheriff's Office 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 Copyright Lexipol,LLC 2020/12/30,All Rights Reserved. Cite and Release Policy-326 Published with permission by Fresno County Sheriff's Office Fresno County Sheriff's Office Policy Manual Cite and Release Policy 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. Copyright Lexipol,LLC 2020/12/30,All Rights Reserved. Cite and Release Policy-327 Published with permission by Fresno County Sheriff's Office Fresno County Sheriff's Office Policy Manual Cite and Release Policy (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. Copyright Lexipol,LLC 2020/12/30,All Rights Reserved. Cite and Release Policy-328 Published with permission by Fresno County Sheriff's Office Fresno County Sheriff's Office Policy Manual Cite and Release Policy (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 ). Copyright Lexipol,LLC 2020/12/30,All Rights Reserved. Cite and Release Policy-329 Published with permission by Fresno County Sheriff's Office 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. Copyright Lexipol,LLC 2020/12/30,All Rights Reserved. Foreign Diplomatic and Consular Published with permission by Fresno County Sheriff's Office Representatives-330 Fresno County Sheriff's Office Policy Manual Foreign Diplomatic and Consular Representatives 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. Copyright Lexipol,LLC 2020/12/30,All Rights Reserved. Foreign Diplomatic and Consular Published with permission by Fresno County Sheriff's Office Representatives-331 Fresno County Sheriff's Office Policy Manual Foreign Diplomatic and Consular Representatives 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)) Copyright Lexipol,LLC 2020/12/30,All Rights Reserved. Foreign Diplomatic and Consular Published with permission by Fresno County Sheriff's Office Representatives-332 Fresno County Sheriff's Office Policy Manual Foreign Diplomatic and Consular Representatives 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. Copyright Lexipol,LLC 2020/12/30,All Rights Reserved. Foreign Diplomatic and Consular Published with permission by Fresno County Sheriff's Office Representatives-333 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. Copyright Lexipol,LLC 2020/12/30,all Rights Reserved. Rapid Response and Deployment-334 Published with permission by Fresno County Sheriff's Office Fresno County Sheriff's Office Policy Manual Rapid Response and Deployment (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. Copyright Lexipol,LLC 2020/12/30,all Rights Reserved. Rapid Response and Deployment-335 Published with permission by Fresno County Sheriff's Office Fresno County Sheriff's Office Policy Manual Rapid Response and Deployment 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). Copyright Lexipol,LLC 2020/12/30,all Rights Reserved. Rapid Response and Deployment-336 Published with permission by Fresno County Sheriff's Office 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)). Copyright Lexipol,LLC 2020/12/30,All Rights Reserved. Immigration Information-337 Published with permission by Fresno County Sheriff's Office Fresno County Sheriff's Office Policy Manual 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. Copyright Lexipol,LLC 2020/12/30,All Rights Reserved. Immigration Information-338 Published with permission by Fresno County Sheriff's Office PolicyFresno County Sheriff's Office 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). Copyright Lexipol,LLC 2020/12/30,All Rights Reserved. Emergency Utility Service-339 Published with permission by Fresno County Sheriff's Office PolicyFresno County Sheriff's Office 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. Copyright Lexipol,LLC 2020/12/30,All Rights Reserved. Aircraft Accidents-340 Published with permission by Fresno County Sheriff's Office Fresno County Sheriff's Office Policy Manual Aircraft Accidents 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. Copyright Lexipol,LLC 2020/12/30,All Rights Reserved. Aircraft Accidents-341 Published with permission by Fresno County Sheriff's Office Fresno County Sheriff's Office Policy Manual Aircraft Accidents (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 Copyright Lexipol,LLC 2020/12/30,All Rights Reserved. Aircraft Accidents-342 Published with permission by Fresno County Sheriff's Office Fresno County Sheriff's Office Policy Manual Aircraft Accidents 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. Copyright Lexipol,LLC 2020/12/30,All Rights Reserved. Aircraft Accidents-343 Published with permission by Fresno County Sheriff's Office PolicyFresno County Sheriff's Office 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. Copyright Lexipol,LLC 2020/12/30,all Rights Reserved. Field Training Officer Program-344 Published with permission by Fresno County Sheriff's Office Fresno County Sheriff's Office Policy Manual Field Training Officer Program 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 Copyright Lexipol,LLC 2020/12/30,all Rights Reserved. Field Training Officer Program-345 Published with permission by Fresno County Sheriff's Office Fresno County Sheriff's Office Policy Manual Field Training Officer Program 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. Copyright Lexipol,LLC 2020/12/30,all Rights Reserved. Field Training Officer Program-346 Published with permission by Fresno County Sheriff's Office Fresno County Sheriff's Office Policy Manual Field Training Officer Program (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 Copyright Lexipol,LLC 2020/12/30,All Rights Reserved. Field Training Officer Program-347 Published with permission by Fresno County Sheriff's Office PolicyFresno County Sheriff's Office 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. Copyright Lexipol,LLC 2020/12/30,All Rights Reserved. Obtaining Air Support-348 Published with permission by Fresno County Sheriff's Office PolicyFresno County Sheriff's Office 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. Copyright Lexipol,LLC 2020/12/30,all Rights Reserved. Contacts and Temporary Detentions-349 Published with permission by Fresno County Sheriff's Office Fresno County Sheriff's Office Policy Manual Contacts and Temporary Detentions 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. Copyright Lexipol,LLC 2020/12/30,all Rights Reserved. Contacts and Temporary Detentions-350 Published with permission by Fresno County Sheriff's Office Fresno County Sheriff's Office Policy Manual Contacts and Temporary Detentions (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 Copyright Lexipol,LLC 2020/12/30,all Rights Reserved. Contacts and Temporary Detentions-351 Published with permission by Fresno County Sheriff's Office Fresno County Sheriff's Office Policy Manual Contacts and Temporary Detentions 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. Copyright Lexipol,LLC 2020/12/30,all Rights Reserved. Contacts and Temporary Detentions-352 Published with permission by Fresno County Sheriff's Office PolicyFresno County Sheriff's Office 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 Copyright Lexipol,LLC 2020/12/30,All Rights Reserved. Criminal Organizations-353 Published with permission by Fresno County Sheriff's Office Fresno County Sheriff's Office Policy Manual Criminal Organizations 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. Copyright Lexipol,LLC 2020/12/30,All Rights Reserved. Criminal Organizations-354 Published with permission by Fresno County Sheriff's Office Fresno County Sheriff's Office Policy Manual Criminal Organizations 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. Copyright Lexipol,LLC 2020/12/30,All Rights Reserved. Criminal Organizations-355 Published with permission by Fresno County Sheriff's Office Fresno County Sheriff's Office Policy Manual Criminal Organizations 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). Copyright Lexipol,LLC 2020/12/30,All Rights Reserved. Criminal Organizations-356 Published with permission by Fresno County Sheriff's Office 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. Copyright Lexipol,LLC 2020/12/30,All Rights Reserved. Patrol Watch Commanders-357 Published with permission by Fresno County Sheriff's Office 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. Copyright Lexipol,LLC 2020/12/30,All Rights Reserved. Mobile Data Terminal Use-358 Published with permission by Fresno County Sheriff's Office Fresno County Sheriff's Office Policy Manual Mobile Data Terminal Use 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. Copyright Lexipol,LLC 2020/12/30,All Rights Reserved. Mobile Data Terminal Use-359 Published with permission by Fresno County Sheriff's Office Fresno County Sheriff's Office Policy Manual Mobile Data Terminal Use 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. Copyright Lexipol,LLC 2020/12/30,All Rights Reserved. Mobile Data Terminal Use-360 Published with permission by Fresno County Sheriff's Office 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 Copyright Lexipol,LLC 2020/12/30,All Rights Reserved. Portable AudioNideo Recorders-361 Published with permission by Fresno County Sheriff's Office Fresno County Sheriff's Office Policy Manual Portable Audio/Video Recorders 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. Copyright Lexipol,LLC 2020/12/30,All Rights Reserved. Portable AudloNideo Recorders-362 Published with permission by Fresno County Sheriff's Office Fresno County Sheriff's Office Policy Manual Portable Audio/Video Recorders 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. Copyright Lexipol,LLC 2020/12/30,All Rights Reserved. Portable AudioNideo Recorders-363 Published with permission by Fresno County Sheriff's Office Fresno County Sheriff's Office Policy Manual Portable Audio/Video Recorders (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. Copyright Lexipol,LLC 2020/12/30,All Rights Reserved. Portable AudioNideo Recorders-364 Published with permission by Fresno County Sheriff's Office Fresno County Sheriff's Office Policy Manual Portable Audio/Video Recorders (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. Copyright Lexipol,LLC 2020/12/30,All Rights Reserved. Portable AudioNideo Recorders-365 Published with permission by Fresno County Sheriff's Office 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 Copyright Lexipol,LLC 2020/12/30,All Rights Reserved. Public Recording of Law Enforcement Activity Published with permission by Fresno County Sheriff's Office -366 Fresno County Sheriff's Office Policy Manual Public Recording of Law Enforcement Activity 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 Copyright Lexipol,LLC 2020/12/30,All Rights Reserved. Public Recording of Law Enforcement Activity Published with permission by Fresno County Sheriff's Office -367 Fresno County Sheriff's Office Policy Manual Public Recording of Law Enforcement Activity 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. Copyright Lexipol,LLC 2020/12/30,All Rights Reserved. Public Recording of Law Enforcement Activity Published with permission by Fresno County Sheriff's Office -368 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). Copyright Lexipol,LLC 2020/12/30,All Rights Reserved. Medical Marijuana-369 Published with permission by Fresno County Sheriff's Office Fresno County Sheriff's Office Policy Manual Medical Marijuana 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 Copyright Lexipol,LLC 2020/12/30,All Rights Reserved. Medical Marijuana-370 Published with permission by Fresno County Sheriff's Office Fresno County Sheriff's Office Policy Manual 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: Copyright Lexipol,LLC 2020/12/30,All Rights Reserved. Medical Marijuana-371 Published with permission by Fresno County Sheriff's Office Fresno County Sheriff's Office Policy Manual Medical Marijuana 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). Copyright Lexipol,LLC 2020/12/30,All Rights Reserved. Medical Marijuana-372 Published with permission by Fresno County Sheriff's Office Fresno County Sheriff's Office Policy Manual Medical Marijuana 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. Copyright Lexipol,LLC 2020/12/30,All Rights Reserved. Medical Marijuana-373 Published with permission by Fresno County Sheriff's Office 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. Copyright Lexipol,LLC 2020/12/30,All Rights Reserved. Bicycle Patrol-374 Published with permission by Fresno County Sheriff's Office Fresno County Sheriff's Office Policy Manual Bicycle Patrol 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. Copyright Lexipol,LLC 2020/12/30,All Rights Reserved. Bicycle Patrol-375 Published with permission by Fresno County Sheriff's Office Fresno County Sheriff's Office Policy Manual Bicycle Patrol 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. Copyright Lexipol,LLC 2020/12/30,All Rights Reserved. Bicycle Patrol-376 Published with permission by Fresno County Sheriff's Office 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. Copyright Lexipol,LLC 2020/12/30,All Rights Reserved. Foot Pursuits-377 Published with permission by Fresno County Sheriff's Office Fresno County Sheriff's Office Policy Manual Foot Pursuits (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. Copyright Lexipol,LLC 2020/12/30,All Rights Reserved. Foot Pursuits-378 Published with permission by Fresno County Sheriff's Office Fresno County Sheriff's Office Policy Manual Foot Pursuits (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 Copyright Lexipol,LLC 2020/12/30,All Rights Reserved. Foot Pursuits-379 Published with permission by Fresno County Sheriff's Office Fresno County Sheriff's Office Policy Manual Foot Pursuits 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. Copyright Lexipol,LLC 2020/12/30,All Rights Reserved. Foot Pursuits-380 Published with permission by Fresno County Sheriff's Office Fresno County Sheriff's Office Policy Manual Foot Pursuits 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. Copyright Lexipol,LLC 2020/12/30,All Rights Reserved. Foot Pursuits-381 Published with permission by Fresno County Sheriff's Office 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. Copyright Lexipol,LLC 2020/12/30,All Rights Reserved. Automated License Plate Readers(ALPRs)- Published with permission by Fresno County Sheriff's Office 382 Fresno County Sheriff's Office Policy Manual Automated License Plate Readers (ALPRs) 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 Copyright Lexipol,LLC 2020/12/30,All Rights Reserved. Automated License Plate Readers(ALPRs)- Published with permission by Fresno County Sheriff's Office 383 Fresno County Sheriff's Office Policy Manual Automated License Plate Readers (ALPRs) 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). Copyright Lexipol,LLC 2020/12/30,All Rights Reserved. Automated License Plate Readers(ALPRs)- Published with permission by Fresno County Sheriff's Office 384 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. Copyright Lexipol,LLC 2020/12/30,All Rights Reserved. Homeless Persons-385 Published with permission by Fresno County Sheriff's Office Fresno County Sheriff's Office Policy Manual 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