Section 30988 - Reporting and Monitoring of Force(a) Reporting Non-Deadly Force. (1) An employee who observes non-deadly force shall document that fact by preparing and submitting a Behavior Report form DJJ (YA) 8.403 (Rev. 08/06), incorporated by reference. An employee who uses non-deadly force shall document that fact by preparing and submitting a Behavior Report form DJJ (YA) 8.403 (Rev. 08/06) and a Use of Force form DJJ (YA) 8.412 (Rev. 08/06), incorporated by reference. The forms shall identify any witnesses to the incident and describe the circumstances giving rise to the use of force, and the nature and extent of the force used. The employee shall provide the form or forms to his or her on-duty supervisor prior to leaving the facility. If an employee is unable to provide his or her forms prior to leaving the facility due to an injury, the employee shall dictate the information in person or via telephone to a peace officer supervisor who shall complete the form(s).(2) The employee's on-duty supervisor shall review the forms to ensure that they are adequately prepared and to reach a judgment concerning the appropriateness of the force used. The supervisor shall document his or her conclusions and forward them with the employee's documents through the designated chain-of-command, to the institutional head for approval or follow-up action.(b) Monitoring of Non-Deadly Force. (1) All use of force shall be reviewed at a supervisory level within 24 hours of the incident. The following factors must be evaluated: the extent of the injury suffered, the need for the application of force, the relationship between that need and the amount of force used, the threat reasonably perceived by the responsible officials, and any efforts made to temper the severity of the force used.(2) On at least a monthly basis, the Institutional Force Review Committee (IFRC) and the Regional Parole Force Review Committee (RPFRC) shall meet to review all completed use of force incidents after critique by area managers. The IFRC/RPFRC shall examine all levels of responsibility exercised by subordinate managers and supervisors, and ensure the appropriateness of completed documentation. The IFRC/RPFRC shall make a determination concerning the appropriateness of the use of force, based on the information and reports available. The Superintendent/Assistant Superintendent shall personally view all videotapes arising from use of force incidents.(A) IFRC is a team tasked with evaluating and monitoring the use of force incidents and is comprised of the Superintendent/Assistant Superintendent, Chief of Security, and at least one other manager (TTS/Lieutenant/Program Administrator) selected on a rotational basis. Additionally, other staff may attend as guests to observe the process.(B) RPFRC is a team tasked with evaluating and monitoring the use of force incidents and is comprised of the Deputy Regional Administrator, a Parole Agent III (Program Specialist), and at least one other manager (Supervising Parole Agent III or Supervising Parole Agent II, selected on a rotational basis) of the Parole Services and Community Corrections Branch. Additionally, other staff may attend as guests to observe the process.(3) The Department Force Review Committee (DFRC), designated by the Chief Deputy Secretary, shall review incidents of use of force to ensure staff's actions are in accordance with Use of Force Policy, procedure, and training. The institution and parole executives shall conduct qualitative analysis of each use-of-force incident. For the purposes of this section, qualitative analysis refers to an analysis of the type and necessity of force used in each use-of-force incident.(4) The Division's Compliance Unit shall be responsible for conducting audits of the Division's use of force incidents.(c) Reporting Deadly Force. (1) An employee who uses deadly force, whether on or off-duty, shall ensure that a supervisory employee is notified of the incident without delay. At the time of notification, the employee shall give an oral Public Safety Statement to the supervisor who will capture the essence of the oral statement in writing and submit it to the Watch Commander. For the purposes of this section, a Public Safety Statement is an oral statement to help determine the general circumstances of the incident, assess the nature and extent of the scene that needs to be controlled, evaluate the need for additional resources and notifications, set the perimeter, locate injured persons, and determine the nature of evidence to be sought. The Public Safety Statement shall not include, and the employee shall not be asked to provide, a step-by-step narrative of the incident or a motive for his or her actions.(2) An employee who observes deadly force shall document their observations in a memo and submit the memo to his or her supervisor prior to leaving the facility.(3) The supervisor shall ensure that the chain-of-command and outside law enforcement are notified and all necessary health and safety, medical and security measures are initiated. If the incident is in an institution/facility, the supervisor shall go to the location and ensure that the crime scene is protected for preservation of life and evidence.(4) The manager of the Office of Internal Affairs, or designee, shall designate an employee to be in charge of the investigation. The employee shall go to and take charge of the scene. The employee shall assemble the appropriate investigative staff and ensure that all necessary investigative procedures and coordination with affected law enforcement entities are accomplished. The product of the investigation will be a report to the Chief Deputy Secretary with a conclusion concerning the extent to which the use of force did or did not comply with the law. However, when deadly force is used in a non-departmental location, local law enforcement shall take charge of the scene.(d) Monitoring of Deadly Force. (1) Deadly Force Review Board (DFRB) shall be convened as soon as possible after the investigation is completed. (A) The Chief Deputy Secretary or designee shall designate the members of the DFRB.(B) The DFRB shall be composed of at least four members trained in accordance with Section 832 of the Penal Code. One shall be either the Director of the Division of Juvenile Facilities, or the Regional Parole Administrator outside the region or jurisdiction where the deadly force was used. The remaining three members shall be non-departmental law enforcement professionals.(C) The DFRB shall examine all aspects of the incident to determine the extent to which the use of force complied with departmental policies and procedures, and to determine the need for policy, training and/or equipment modifications. The DFRB shall report its findings, in writing, to the Chief Deputy Secretary for approval or follow-up action.Cal. Code Regs. Tit. 9, § 30988
1. Change without regulatory effect renumbering title 15, section 4034.3 to title 9, section 30988 filed 2-13-2020 pursuant to section 100, title 1, California Code of Regulations (Register 2020, No. 7). Note: Authority cited: Section 1712, Welfare and Institutions Code. Reference: Section 1752, Welfare and Institutions Code; and Sections 147, 149 and 830.5, Penal Code.
1. Change without regulatory effect renumbering title 15, section 4034.3 to title 9, section 30988 filed 2-13-2020 pursuant to section 100, title 1, California Code of Regulations (Register 2020, No. 7).