CALIFORNIA CDCR
Department Operations Manual
Search the official CDCR operations manual — 6,509 sections covering every aspect of California's correctional system. A resource for families, advocates, and legal professionals.
Source: CDCR 2024 DOM (PDF) · Updated January 1, 2024
1,431 results in Chapter 5 — Inmate Housing & Classification
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Decontamination from Oleoresin Capsicum Decontamination from OC may be accomplis
51020.15.5 Decontamination from Oleoresin Capsicum Decontamination from OC may be accomplished by exposing the individual to fresh moving air, or flushing the affected body area with cool water, e.g., shower, sink water, or wet cloths and providing clean clothing. Except when it is determined that removing an inmate from a cell would result in additional force or give rise to an imminent threa...
51020.15.5 Decontamination from Oleoresin Capsicum Decontamination from OC may be accomplished by exposing the individual to fresh moving air, or flushing the affected body area with cool water, e.g., shower, sink water, or wet cloths and providing clean clothing. Except when it is determined that removing an inmate from a cell would result in additional force or give rise to an imminent threat, the inmate will be provided an opportunity to decontaminate outside of a cell in which OC has been used. Force shall not be used to decontaminate inmates from the effects of OC unless a serious threat to the inmate’s health is present and LNS determines the inmate must be decontaminated. No other decontamination is necessary for inmates who have been medically treated and LNS has determined the inmate has been decontaminated. As soon as it is practical and safe to do so, decontamination of the affected cell and housing unit shall be accomplished by ventilating the area to remove the airborne agent. Open doors and windows as permitted, or use portable fans to speed up the process. If applicable manually turn the air exchange system to high. A fan and the use of the air exchange system is not recommended for any dry agent that is utilized (i.e., expulsion grenades or muzzle blast). Wiping the area down with damp cloths or mopping is only necessary if a noticeable amount of residue is visible. After decontamination, the inmate should not be returned to a contaminated cell until sufficient time has elapsed to allow for dissipation of the OC or until the cell has been cleaned. 51020.15.6
In-Cell Decontamination from Oleoresin Capsicum In-cell decontamination may
51020.15.6 In-Cell Decontamination from Oleoresin Capsicum In-cell decontamination may be used for inmates housed in an institution/facility when the Incident Commander or Response Supervisor determines that removing the inmate would result in the need for additional use of force or give rise to an imminent threat. The circumstances leading to the order for in-cel...
51020.15.6 In-Cell Decontamination from Oleoresin Capsicum In-cell decontamination may be used for inmates housed in an institution/facility when the Incident Commander or Response Supervisor determines that removing the inmate would result in the need for additional use of force or give rise to an imminent threat. The circumstances leading to the order for in-cell decontamination shall be clearly explained in the Response Supervisor’s/Incident Commander’s report. When an inmate is going to be decontaminated in his/her cell, a licensed nursing staff shall advise the inmate how to self-decontaminate and the importance of decontamination. Licensed nursing staff shall explain to the inmate that he/she should remove contaminated clothing and use water from the sink to flush the affected area(s). The licensed nursing staff shall also explain to the inmate that he/she should pat or air dry and avoid rubbing the exposed areas. When an inmate is not removed from the cell, a licensed nursing staff shall monitor the inmate approximately every 15 minutes for a period of not less than 45 minutes starting from the last application of chemical agent. During the monitoring, if the licensed nursing staff determines there is a need for additional medical assessment/treatment outside the cell, the licensed nursing staff shall advise a custody supervisor of the need to remove the inmate from the cell. The custody supervisor shall coordinate the removal of the inmate. A licensed nursing staff shall document the fact the inmate was given instructions and the approximate times of the 15 minute observations on a CDCR 7219, Medical Report of Injury or Unusual Occurrence. 51020.15.7
Chemical Agent Use During Immediate Use of Force Revised January 3, 2023 (a) A
51020.15.7 Chemical Agent Use During Immediate Use of Force Revised January 3, 2023 (a) A verbal warning shall be given whenever possible prior to the use of chemical agents, unless the circumstances requiring the immediate use of force preclude such verbal warning. If a streamer, fogger, or foam agent is used, employees shall target the facial area, when available, and utilize a burst of approx...
51020.15.7 Chemical Agent Use During Immediate Use of Force Revised January 3, 2023 (a) A verbal warning shall be given whenever possible prior to the use of chemical agents, unless the circumstances requiring the immediate use of force preclude such verbal warning. If a streamer, fogger, or foam agent is used, employees shall target the facial area, when available, and utilize a burst of approximately three seconds. If a blast or pyrotechnic grenade is used, employees shall deploy the device to an area that provides effective chemical agent exposure to the intended target(s). Following the deployment, employees shall assess the need for additional deployment while allowing the chemical agent to work and providing orders to the intended target(s). If an imminent threat still exists and additional use of force is necessary, further deployment of an additional chemical agent is authorized, following the same instructions as above, or the employee may transition to another use of force option until an imminent threat no longer exists. In addition to all existing requirements for reporting the use of chemical agents, employees who deploy more than one burst of chemical agent, shall articulate the need to utilize a second, and any subsequent bursts of chemical agents, or any other use of force option, in their written report. The use of chemical agents on intended target(s) known to be pregnant is prohibited. 51020.16
Application of Spit Hoods or Masks Only departmentally approved spit hoods/masks
51020.16 Application of Spit Hoods or Masks Only departmentally approved spit hoods/masks are authorized for use. A spit hood/mask shall not be placed upon an inmate who: • Is in a state of altered consciousness (visibly drowsy, stuporous, or unconscious) or; • Has any visible signs of a seizure; or • Is vomiting or exhibits signs of beginning to vomit. •...
51020.16 Application of Spit Hoods or Masks Only departmentally approved spit hoods/masks are authorized for use. A spit hood/mask shall not be placed upon an inmate who: • Is in a state of altered consciousness (visibly drowsy, stuporous, or unconscious) or; • Has any visible signs of a seizure; or • Is vomiting or exhibits signs of beginning to vomit. • A spit hood/mask may be applied to an inmate if: • There is verbal or physical intent by the inmate to contaminate others with spit or other bodily fluids from the nose or mouth; or • The inmate is not able to control expelling fluids from the nose or mouth (with the exception of vomit); or • The inmate is on authorized security precautions according to the procedures of the unit where the inmate is housed. • If the inmate was contaminated with OC before the mask was applied, the mask shall be kept on until the inmate is afforded decontamination unless the inmate is in a state of altered consciousness (visibly drowsy, stuporous, or unconscious); or has any visible signs of a seizure; or is vomiting or exhibits signs of beginning to vomit. In this case the spit hood/mask will be removed immediately and appropriate treatment will be administered. If the inmate is decontaminated with fresh moving air, the spit hood/mask may remain on during decontamination and can be exchanged for a new spit hood/mask when decontamination is complete. If the inmate is decontaminated with water, the spit hood/mask shall be removed during decontamination and a new spit hood/mask can be placed on the inmate when decontamination is complete. If an inmate has been exposed to chemical agents after the spit hood/mask is applied, the spit hood/mask shall be replaced with a new one when it is safe to do so. If a spit hood/mask was applied and the inmate loses consciousness, begins seizing, or begins vomiting the spit hood/mask shall be removed immediately and appropriate treatment will be administered. If a spit hood/mask is applied to an inmate, it is imperative that constant supervision of the inmate be maintained for signs of respiratory distress. If any respiratory distress is observed, the spit hood/mask shall be removed until the signs of respiratory distress have dissipated. Once an inmate is exposed to chemical agents and/or if a spit hood/mask is placed on the inmate, staff shall not place them on their stomachs, or in a position that allows the inmate to end up on their stomach, for any period longer than necessary to secure (e.g. handcuff) and/or gain control of the inmate. A prone position makes it difficult for any exposed individual to breathe and may be a contributing factor in positional asphyxia. Positional asphyxia occurs when an individual’s body position interferes with respiration, resulting in death. If an exposed individual is in handcuffs and requires transportation via a gurney, stokes litter, etc., they shall be positioned on their back or side.
Uses of Force-Reporting Requirements Every staff use of force is an incident tha
51020.17 Uses of Force-Reporting Requirements Every staff use of force is an incident that shall be reported. Uses of force include non-deadly force, deadly force, immediate force, controlled force and non-conventional force. Verbal commands, the unresisted application of restraints or escort of an unresisting inmate and the movement of an unconscious or otherwise incapacitate...
51020.17 Uses of Force-Reporting Requirements Every staff use of force is an incident that shall be reported. Uses of force include non-deadly force, deadly force, immediate force, controlled force and non-conventional force. Verbal commands, the unresisted application of restraints or escort of an unresisting inmate and the movement of an unconscious or otherwise incapacitated inmate are not uses of force. Any employee who uses force or observes a staff use of force shall report it to a supervisor as soon as practical and follow up with appropriate documentation prior to being relieved from duty. The CDCR 837 Crime/Incident Report forms are used for reporting uses of force. Written reports regarding both immediate and controlled use of force shall be documented on a CDCR 837. Documentation shall identify any witnesses to the incident and describe the circumstances giving rise to the use of force, whether the inmate is a participant in the Mental Health Services Delivery System and the nature and extent of the force used. The documentation shall also describe any involvement of licensed mental health practitioners prior to or during the use of force incident, if de-escalation strategies were attempted prior to the use of force, and the outcomes of any strategies used. 51020.17.1
Involved Staff-Reporting Requirements Written reports regarding staff uses force
51020.17.1 Involved Staff-Reporting Requirements Written reports regarding staff uses force shall be documented on a Crime/Incident Staff Report (CDCR 837-C). This requirement includes the on-site manager authorizing the use of controlled force. This requirement includes a First or Second Level Manager/AOD authorizing the use of controlled force. Reports shall be prepared by any employee who u...
51020.17.1 Involved Staff-Reporting Requirements Written reports regarding staff uses force shall be documented on a Crime/Incident Staff Report (CDCR 837-C). This requirement includes the on-site manager authorizing the use of controlled force. This requirement includes a First or Second Level Manager/AOD authorizing the use of controlled force. Reports shall be prepared by any employee who uses or observes the use of force. The reports shall be submitted to, and reviewed by, the Response Supervisor prior to being relieved from duty. Staff shall not collaborate with each other in the preparation of reports. If possible, identify important information in the contents of the report as follows: • Identities of staff that observed and/or participated in the use of force. • Description of the actions of the inmate and circumstances leading to the use of force. • Description of the specific force used or observed. • If chemical agents were used, identify the type of projector used, and from what distance. • Description of the inmate’s level of resistance. • Description of why force was used and description of the threat perceived. • Description of any identified disabilities ascertained through any tracking system and what form of reasonable accommodation and/or assistance was provided during and after the controlled use of force. • Description and observations of staff or inmate injuries and the cause of the injury, if known. • Description of observations of decontamination of chemical agents or medical attention given. • Description of observations or knowledge of the steps taken to decontaminate the housing unit, and those inmates not directly exposed to chemical agents. • Documentation of any inmate allegation of an unnecessary or excessive use of force. 51020.17.2
Involved Staff-Additional Reporting Requirement for Deadly Force An employee, wh
51020.17.2 Involved Staff-Additional Reporting Requirement for Deadly Force An employee, who intentionally or accidentally uses deadly force, whether on or off-duty, shall ensure that a supervisory employee is verbally notified of the incident without delay. A written report shall also be required. This reporting is not a requirement for the lawful discharge of a firearm during weapon’s ...
51020.17.2 Involved Staff-Additional Reporting Requirement for Deadly Force An employee, who intentionally or accidentally uses deadly force, whether on or off-duty, shall ensure that a supervisory employee is verbally notified of the incident without delay. A written report shall also be required. This reporting is not a requirement for the lawful discharge of a firearm during weapon’s qualifications, firearms training, or other legal recreational use of a firearm. 51020.17.3
Video Records Made After Uses of Force That Cause Serious Bodily Injury, Great Bo
51020.17.3 Video Records Made After Uses of Force That Cause Serious Bodily Injury, Great Bodily Injury, or Result in Allegations of Unnecessary or Excessive Force A video recorded interview of an inmate shall be conducted in accordance with the Inmate Interview for GBI and SBI Worksheet, CDCR Form 3013-1, or Inmate Interview for Allegation Worksheet CDCR Form 3013-2, a...
51020.17.3 Video Records Made After Uses of Force That Cause Serious Bodily Injury, Great Bodily Injury, or Result in Allegations of Unnecessary or Excessive Force A video recorded interview of an inmate shall be conducted in accordance with the Inmate Interview for GBI and SBI Worksheet, CDCR Form 3013-1, or Inmate Interview for Allegation Worksheet CDCR Form 3013-2, and documented on the CDCR Form 3014, Report of Findings-Inmate Interview, under the following circumstances: • The inmate has sustained a serious bodily injury or great bodily injury that could have been caused by a staff use of force (CDCR Form 3013-1). • The inmate has made an allegation of an unnecessary or excessive use of force (CDCR Form 3013-2). Any visible or alleged injuries shall be video recorded. The video recording shall be conducted by custodial supervisors (sergeants or lieutenants) who did not use, or observe the force used, in the incident. The video recording should be made as soon as possible, but no later than 48 hours from discovery of the injury or allegation. The video recording shall also include a request of the inmate to be interviewed regarding the circumstances of the incident. If the inmate refuses to be video recorded, such refusal shall be recorded. The custody supervisor shall not inhibit the inmate being interviewed from providing relevant information. 51020.17.4
Response Supervisor – Reporting Requirements In addition to writing his/her
51020.17.4 Response Supervisor – Reporting Requirements In addition to writing his/her own report when applicable, prior to being relieved from duty the Response Supervisor shall: • Gather written reports from staff involved in the use of force incident. • Serve as the first level of review for all subordinates’ reports and shall ensure that all necessary information is conta...
51020.17.4 Response Supervisor – Reporting Requirements In addition to writing his/her own report when applicable, prior to being relieved from duty the Response Supervisor shall: • Gather written reports from staff involved in the use of force incident. • Serve as the first level of review for all subordinates’ reports and shall ensure that all necessary information is contained in these reports. The Response Supervisor is expected to ensure that each employee’s report is prepared independent of any other report. • Ensure no involved employee is relieved of duty prior to receiving his/her written report, unless the employee is physically unable to prepare the report due to an injury. If due to the circumstances a verbal report is not possible, the Response Supervisor shall explain the reason for not taking a verbal report. • Obtain applicable medical reports from health care staff, inspect the form(s) and determine if all relevant information is present. • If applicable, complete Report of Occupational Injury or Illness Form (SCIF-3067). • If applicable, complete State Compensation Insurance Fund Employee Claim for Workers’ Compensation Benefits Form (SCIF -3301). • If applicable, complete Department of Health Services Report of Request and Decision for HIV Testing (CDC-8439) in cases of potential exposure to blood borne pathogens. 51020.17.5
Response Supervisor – Additional Reporting Requirements for Deadly Force Whe
51020.17.5 Response Supervisor – Additional Reporting Requirements for Deadly Force When there has been a use of deadly force, the on-duty/Response Supervisor shall ensure that the chain of command is notified and all necessary health and safety, medical, and security measures are initiated. The on-duty/Response Supervisor shall go to the location and ensure that the scene is protected. ...
51020.17.5 Response Supervisor – Additional Reporting Requirements for Deadly Force When there has been a use of deadly force, the on-duty/Response Supervisor shall ensure that the chain of command is notified and all necessary health and safety, medical, and security measures are initiated. The on-duty/Response Supervisor shall go to the location and ensure that the scene is protected. For incidents occurring in an institutional setting, the Watch Commander shall contact the institution’s Investigative Services Unit (ISU). For incidents occurring in a community setting, the on-duty supervisor or Watch Commander shall ensure local law enforcement is contacted. The on-duty/Response Supervisor shall ask the employee who used deadly force to provide a public safety statement immediately after the incident. This is the employee’s oral statement. This statement helps determine the general circumstances of the incident, assess the need for resources, set the perimeter, locate injured persons, and determine the nature of the evidence to be sought. It shall provide basic information such as the number of persons involved in the incident, the number not yet in custody and number and direction of shots fired. The statement shall not include, and the employee should not be asked to provide, a step-by-step narrative of the incident or a motive for his/her actions. Providing a public safety statement does not relieve the staff of the responsibility to submit a written report in accordance with CCR, Title 15, Section 3268.1(a), or within 24 hours after the incident. The on-duty/Response Supervisor shall capture the essence of the oral statement in writing and submit it to the Incident Commander. In circumstances where the use of deadly force results in death or GBI, the staff using the force will be placed on administrative time off (ATO) for 72 hours in order to facilitate department interviews and staff wellness. These 72 hours will be paid contiguous time off, unless they are scheduled regular days off (RDO). RDOs will count toward the contiguous 72 hours but will not be paid unless the employee is called to work. If the 72 hours ATO overlap with a period of pre-scheduled time off (i.e. vacation, holiday, sick leave, etc.) the ATO will be used in lieu of, not in addition to the affected employee’s leave credits. As soon after the incident as is practical, the on-duty/Response Supervisor or Incident Commander must also initiate Peer Support Program (PSP) protocols as delineated in DOM Section 31040.3.2. The Incident Commander shall notify the Office of Internal Affairs (OIA) and the Office of the Inspector General (OIG) as soon as possible, but no later than one hour from the time the incident is discovered, of any use of deadly force and every death or GBI that could have been caused by a staff use of force. 51020.17.6
Health Care Staff Use of Force – Reporting Requirements Health Car
51020.17.6 Health Care Staff Use of Force – Reporting Requirements Health Care Services staff shall complete and submit a Crime/Incident Staff Report (CDCR 837-C) whenever a health care staff member: • Observes use of force. • Uses force on an inmate. • Provides clinical intervention prior to a use of force. • Reviews the health record for conditions that may...
51020.17.6 Health Care Staff Use of Force – Reporting Requirements Health Care Services staff shall complete and submit a Crime/Incident Staff Report (CDCR 837-C) whenever a health care staff member: • Observes use of force. • Uses force on an inmate. • Provides clinical intervention prior to a use of force. • Reviews the health record for conditions that may put an inmate at increased risk for adverse outcome from the use of force. • Hears an inmate allegation of an unnecessary or excessive use of force during a reportable incident if not already reported on a Notice of Injury or Unusual Occurrence form (CDCR 7219). On the CDCR 837-C, the licensed mental health practitioner shall provide a timeline for the clinical assessment and intervention process. They shall also document if the inmate had the ability to understand orders, had difficulty complying with orders based on mental health issues or was at increased risk of substantial decompensation due to mental illness. If it was determined the inmate had difficulty complying with orders or was at increased risk of substantial decompensation, the licensed mental health practitioner shall: • Document that strategies were developed. • Document if the strategies were implemented. • Document whether those strategies were successful. On the CDCR 7230, Interdisciplinary Progress Note, the licensed mental health practitioner shall document information regarding the clinical assessment and intervention process. The licensed mental health practitioner shall document the rationale for the assessment results regarding the inmate’s ability to understand direction, any difficulty complying with direction or substantial risk of decompensation. If strategies were developed, the licensed mental health practitioner shall document specific strategies, whether the strategies were implemented, and the results. In addition to the requirements noted above, the LNS shall complete and submit a CDCR 7219 upon conducting a medical evaluation after a use of force. The CDCR 7219 shall be completed and submitted to the Response Supervisor prior to the LNS leaving the institution and shall: • Include a quote of the inmate’s own words in the patient comment section. • After examination, document observations of the area on the inmate where force was applied. • Include comments or information garnered from custody staff regarding the type and amount of force used. • Document the injuries sustained and the medical treatment rendered. • Document if the inmate refuses medical examination and/or treatment. • Document any alternative assistive device provided and any medical recommendation / accommodation suggested during and after the use of force. • Document in-cell decontamination instructions and times of 15- minute checks, if applicable. In addition to the above requirements, LNS shall be responsible for providing custody staff and the Use of Force Coordinator, with notification and updated information in the event that the aftercare treatment process reveals new facts about the severity of an injury. 51020.17.7
Incident Commander – Reporting Requirements It is the responsibility of the
51020.17.7 Incident Commander – Reporting Requirements It is the responsibility of the Incident Commander to notify the Office of Internal Affairs (OIA) and the Office of Inspector General (OIG) as soon as possible, but no later than one hour from the time the incident is discovered, of any use of deadly force and every death, great bodily injury or serious bodily injury that could have b...
51020.17.7 Incident Commander – Reporting Requirements It is the responsibility of the Incident Commander to notify the Office of Internal Affairs (OIA) and the Office of Inspector General (OIG) as soon as possible, but no later than one hour from the time the incident is discovered, of any use of deadly force and every death, great bodily injury or serious bodily injury that could have been caused by a staff use of force. Depending on the specific Memorandum of Understanding (MOU) and the nature of the incident, a call to the county sheriff or police department may also occur. Prior to being relieved from duty the Incident Commander or designee shall: • Initiate the initial incident report, consisting of the Crime/Incident Report Cover Sheet (CDCR 837-A/A1), the Crime/Incident Report Supplement (CDCR837-A1), and the Crime/Incident Report Inmate/Staff/Visitor, Other (CDCR 837 -B1/2/3) reports. This shall be an accurate summary of the events as described in the written reports submitted by all employees. • Prepare the initial incident package. This includes the CDCR 837-A/A1, B and C forms and any other applicable forms or documents. • Review all incident reports for quality, accuracy and content. • Clarify incomplete reports with involved staff by completing a CDCR 837-C- 2 Review Notice. In controlled use of force cases in institutions/facilities involving involuntary medication, placement into four/five point restraints, or admission into a licensed health care facility, the Incident Commander shall include in the CDCR 837-A/A1, the name and title of the on-duty health care staff that verified the appropriate medical authorization existed prior to the use of force. • Prepare and submit a separate CDCR 837-C if they actually used force during an incident, or observed the use of force. In normal circumstances, it is the expectation that within 24 hours of the incident the Incident Commander or designee will ensure the initial incident report (CDCR 837-A/A1 and CDCR 837-B) is uploaded in the Daily Information Reporting System (DIRS). Ensure all force related video recordings of inmate injuries or interviews and recordings of controlled force are forwarded to the appropriate location, as set forth in Section 51020.13. Initiate the Use of Force Review process as set forth in Section 51020.19.1. Should an incident or allegation warrant investigation by the DFIT, the OIA, or any other outside investigating agency, the Incident Commander shall suspend all review of that incident until the investigation is complete. 51020.17.8
First/Second Level Manager – Reporting Requirements for Controlled Uses of Fo
51020.17.8 First/Second Level Manager – Reporting Requirements for Controlled Uses of Force The on-site manager authorizing the use of controlled force is required to be present during the use of force and document involvement on a CDCR 837C. Any institutional managers consulted regarding a disagreement among the collaborative team members during a controlled use of force...
51020.17.8 First/Second Level Manager – Reporting Requirements for Controlled Uses of Force The on-site manager authorizing the use of controlled force is required to be present during the use of force and document involvement on a CDCR 837C. Any institutional managers consulted regarding a disagreement among the collaborative team members during a controlled use of force shall submit a CDCR Crime/Incident Staff Report (CDCR 837-C) detailing their involvement. If the Regional Administrators (Medical or Mental Health) or the Associate Director are contacted, they shall submit a CDCR Crime/Incident Staff Report (CDCR 837- C) detailing their involvement. 51020.18
Reporting Allegations of Unnecessary or Excessive Force Any employee who observe
51020.18 Reporting Allegations of Unnecessary or Excessive Force Any employee who observes a use of force that is unnecessary or excessive shall attempt to stop the violation. Any employee who becomes aware of an allegation of unnecessary or excessive force, whether it occurs during a reportable incident or not, shall verbally report the allegation to a custody supervisor as soon as possible, f...
51020.18 Reporting Allegations of Unnecessary or Excessive Force Any employee who observes a use of force that is unnecessary or excessive shall attempt to stop the violation. Any employee who becomes aware of an allegation of unnecessary or excessive force, whether it occurs during a reportable incident or not, shall verbally report the allegation to a custody supervisor as soon as possible, followed with appropriate documentation. If the allegation occurs in conjunction with a reportable incident, the incident shall be reported in accordance with the requirements set forth in this Article and any such allegation shall be documented and included in the incident report package. Each involved employee shall document all details regarding any allegations or observations of use of force that is unnecessary or excessive. This includes a quote of the allegation, or what was seen or heard, including observations of any apparent injuries, and the name of the supervisor the employee reported the allegation to. All reports shall be submitted to a custody supervisor. 51020.18.1
Allegations of Excessive or Unnecessary Force – Supervisor Reporting Requiremen
51020.18.1 Allegations of Excessive or Unnecessary Force – Supervisor Reporting Requirements Whether or not the allegation of excessive or unnecessary force is made in conjunction with a reported use of force, a supervisor who learns of such an allegation shall: • Make a verbal notification to the Incident Commander as soon as practical. • Arrange for the inmate to be medically ex...
51020.18.1 Allegations of Excessive or Unnecessary Force – Supervisor Reporting Requirements Whether or not the allegation of excessive or unnecessary force is made in conjunction with a reported use of force, a supervisor who learns of such an allegation shall: • Make a verbal notification to the Incident Commander as soon as practical. • Arrange for the inmate to be medically examined and request a full medical assessment of injuries, if any. • Ensure every staff member who witnessed the allegations and/or staff who witnessed the event leading to the allegations immediately submits the applicable report. • Review any reports for clarity. • Submit a package of all documents relating to the allegation, including a copy of the medical report, to the Incident Commander. 51020.18.2
Allegations of Excessive or Unnecessary Force – Incident Commander and Appeal
51020.18.2 Allegations of Excessive or Unnecessary Force – Incident Commander and Appeals Coordinator Reporting Requirements When informed of allegations of the use of unnecessary or excessive force, the Incident Commander and/or the Appeals Coordinator shall make an initial assessment of the information received and notify the appropriate First or Second Level Manager a...
51020.18.2 Allegations of Excessive or Unnecessary Force – Incident Commander and Appeals Coordinator Reporting Requirements When informed of allegations of the use of unnecessary or excessive force, the Incident Commander and/or the Appeals Coordinator shall make an initial assessment of the information received and notify the appropriate First or Second Level Manager as soon as practical. Additionally, the Incident Commander and/or the Appeals Coordinator shall: • Ensure LNS has evaluated the inmate and a CDCR 7219 has been completed. • Review written reports of witnesses and obtain statements from inmate witnesses, if any. • Ensure that the inmate’s injuries are video recorded and the inmate is interviewed within 48 hours in accordance with the requirements set forth in DOM, Section 51020.17.3. This shall be done as soon as possible upon receiving verbal notification of the allegation. When an allegation is received, whether verbally or through the appeals process, the Appeals Coordinator or Incident Commander shall contact ISU or the Watch Commander and determine if the related incident report exists. The respective Appeals Coordinator or Incident Commander shall note the existence of the incident report by log number in their submittal prior to forwarding the allegation for administrative review. If the inmate has suffered serious bodily injury or great bodily injury, the Incident Commander shall notify the OIA and the OIG as soon as possible, but no later than one hour from the time the incident is discovered. In instances where the allegation was submitted through the inmate appeal process and there is no corresponding incident report, the Appeals Coordinator shall, in consultation with the hiring authority, notify the OIA and OIG. If, at any point in the review, the Incident Commander and/or the Appeals Coordinator discovers information that leads them to reasonably believe or suspect an employee has committed any serious misconduct, the Incident Commander and/or Appeals Coordinator shall: • Immediately forward all information to the Institution Head via the chain of command, recommending an internal affairs investigation if appropriate. • Prepare a Report of Findings-Inmate Interview (CDCR 3014) and/or Appeal Inquiry. The report shall contain the allegations made, an explanation of the incident, the written or verbal statements of the witnesses, the health care information, and a conclusion and recommendation. • Submit the Report of Findings and/or Appeal Inquiry and evidence through the chain of command to the Institution Head. The evidence shall include copies of the medical reports, and any other documentation that is deemed significant to further document the incident/allegation. If the Incident Commander learns that the verbal allegation is part of a reported incident, the incident package shall be included with the Report of Findings. Correspondingly, if the Appeals Coordinator learns that the written allegation is part of a reported incident, the incident package shall be included with the appeal for administrative review. 51020.19
Reviewing the Use of Force Each Institution Head shall establish and chair an IE
51020.19 Reviewing the Use of Force Each Institution Head shall establish and chair an IERC to evaluate and review every use of force and every allegation of excessive or unnecessary force. Each incident or allegation shall be evaluated at both supervisory and management levels to determine if the force used was reasonable under policy, procedure, and training. For reported...
51020.19 Reviewing the Use of Force Each Institution Head shall establish and chair an IERC to evaluate and review every use of force and every allegation of excessive or unnecessary force. Each incident or allegation shall be evaluated at both supervisory and management levels to determine if the force used was reasonable under policy, procedure, and training. For reported incidents, a good faith effort must be made at all levels of review in order to reach a judgment whether the force used was in compliance with policy, procedure and training and follow-up action if necessary. The following factors must be evaluated: • The threat perceived by the responsible individual applying the force. • The need for the application of force. • The relationship between that need and the amount of force used. • The extent of the injury suffered. • What steps were taken to avoid and/or minimize the need for/level of force used. Should an incident or allegation warrant investigation by the DFIT, the OIA, or any other outside investigating agency, or if direct action has been requested for any incident or allegation, the IERC shall suspend all review of that incident until the investigation/direct action is complete. Examples of what may be referred for investigation include but are not limited to: • Unexplained injuries. • Impact strikes to lethal target areas (head, eyes, throat, or spine). • Incomplete/conflicting reports. • The application of weaponry that exceeds what would normally be expected for the type of force reported. The IERC shall apply the findings of the Hiring Authority or the DFRB as part of its review. 51020.19.1
Incident Commander Review The Incident Commander shall review the co
51020.19.1 Incident Commander Review The Incident Commander shall review the complete incident package documentation to ensure that it is adequately prepared and shall reach a judgment whether the force used was in compliance with policy, procedure, and training. The Incident Commander shall: • Review all incident reports for quality, accuracy, and content, including the R...
51020.19.1 Incident Commander Review The Incident Commander shall review the complete incident package documentation to ensure that it is adequately prepared and shall reach a judgment whether the force used was in compliance with policy, procedure, and training. The Incident Commander shall: • Review all incident reports for quality, accuracy, and content, including the Report of Finding-Inmate Interview (CDCR 3014). • Clarify incomplete reports with involved staff by completing a Crime Incident Report Review Notice (CDCR 837-C-2 to the applicable employee. • Complete an Incident Commander’s Review/Critique Use of Force Incidents CDCR 3010). This report shall contain: • The description of inmate injuries due to force used. • An explanationof why force was needed. • A description of the threat that required force to be used. • What steps were taken to minimize the need for force. • Any relevant comments. In the event the Incident Commander believes an investigation may be necessary, the Incident Commander shall suspend review and recommend that the case be referred for investigation. 51020.19.2
First Level Manager Review The First Level Manager of the area where the inciden
51020.19.2 First Level Manager Review The First Level Manager of the area where the incident or allegation occurs shall reach a judgment whether the force used was in compliance with policy, procedure, and training. The manager shall: • Review all documentation in the incident package, including the Report of Finding – Inmate Interview (CDCR 3014). • Review the quality of all r...
51020.19.2 First Level Manager Review The First Level Manager of the area where the incident or allegation occurs shall reach a judgment whether the force used was in compliance with policy, procedure, and training. The manager shall: • Review all documentation in the incident package, including the Report of Finding – Inmate Interview (CDCR 3014). • Review the quality of all reports to ensure the use of force was properly documented and reviewed. This includes a review of the Incident Commander’s conclusions. • Determine if any corrective action taken by his/her subordinates in relation to the incident was adequate/proper. • Conduct an in depth analysis to determine if the use of force described in the incident package was within the guidelines of the Use of Force policy, as well as other policies, procedures and training. This analysis should address any non-compliance not identified earlier. • Complete a review of the incident on the Manager’s Review – First Level Use of Force Incidents (CDCR 3011). • In the event the First Level Manager believes an investigation may be necessary, they shall suspend the review and recommend that the case be referred for investigation. 51020.19.3
Second Level Manager Review The Second Level Manager is the final level of revie
51020.19.3 Second Level Manager Review The Second Level Manager is the final level of review prior to the completed incident package being sent to the Use of Force Coordinator for review by the (IERC). The Second Level Manager shall reach a judgment whether the force used was in compliance with policy, procedure, and training. The Second level manager shall: • Review all documentation in ...
51020.19.3 Second Level Manager Review The Second Level Manager is the final level of review prior to the completed incident package being sent to the Use of Force Coordinator for review by the (IERC). The Second Level Manager shall reach a judgment whether the force used was in compliance with policy, procedure, and training. The Second level manager shall: • Review all documentation in the incident package, including, the Report of Findings – Inmate Interview (CDCR 3014). • Review the quality of all reports to ensure the use of force was properly documented and reviewed. This includes a review of the Incident Commander’s conclusions and the First Level Manager’s conclusions. • Determine if any corrective action taken by his/her subordinates in relation to the incident was adequate/proper. • Conduct an in depth analysis to determine if the use of force described in the incident package was within the guidelines of the Use of Force policy, as well as other policies, procedures and training. This analysis should address any non-compliance not identified earlier. • Complete a review of the incident on the Manager’s Review – Second Level Use of Force Incidents (CDCR 3012). • In the event the Second Level Manager believes an investigation may be necessary, they shall suspend review and recommend that the case be referred for investigation. 51020.19.4