Table of Contents

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Table of Contents - 1

Table of Contents

Chapter 1 - Law Enforcement Role and Authority . . . . . . . . . . . . 5

100 - Law Enforcement Authority . . . . . . . . . . . . . . . . . . 6

101 - Chief Executive Officer . . . . . . . . . . . . . . . . . . . 9

102 - Oath of Office . . . . . . . . . . . . . . . . . . . . . 10

103 - Policy Manual . . . . . . . . . . . . . . . . . . . . . 11

104 - Law Enforcement Code of Ethics . . . . . . . . . . . . . . . 14

Chapter 2 - Organization and Administration . . . . . . . . . . . . . 15

200 - Organizational Structure and Responsibility . . . . . . . . . . . . 16

201 - Special Orders . . . . . . . . . . . . . . . . . . . . . 17

202 - Emergency Management Plan . . . . . . . . . . . . . . . . 18

203 - Training Policy . . . . . . . . . . . . . . . . . . . . . 19

204 - Electronic Mail . . . . . . . . . . . . . . . . . . . . . 22

205 - Administrative Communications . . . . . . . . . . . . . . . . 24

207 - Retiree Concealed Firearms . . . . . . . . . . . . . . . . . 25

Chapter 3 - General Operations . . . . . . . . . . . . . . . . . . 30

300 - Use of Force . . . . . . . . . . . . . . . . . . . . . . 31

301 - Use of Force Review Boards . . . . . . . . . . . . . . . . . 41

302 - Handcuffing and Restraints . . . . . . . . . . . . . . . . . 43

303 - Control Devices and Techniques . . . . . . . . . . . . . . . 48

304 - Conducted Energy Device . . . . . . . . . . . . . . . . . . 53

305 - Officer-Involved Shootings and Deaths . . . . . . . . . . . . . . 60

306 - Firearms . . . . . . . . . . . . . . . . . . . . . . . 69

307 - Vehicle Pursuits . . . . . . . . . . . . . . . . . . . . . 79

308 - Officer Response to Calls . . . . . . . . . . . . . . . . . . 91

309 - Canines . . . . . . . . . . . . . . . . . . . . . . . 94

310 - Domestic Violence . . . . . . . . . . . . . . . . . . . . 104

311 - Search and Seizure . . . . . . . . . . . . . . . . . . . 111

312 - Temporary Custody of Juveniles . . . . . . . . . . . . . . . 113

313 - Senior and Disability Victimization . . . . . . . . . . . . . . . 124

314 - Child Abuse . . . . . . . . . . . . . . . . . . . . . . 140

315 - Missing Persons . . . . . . . . . . . . . . . . . . . . 148

317 - Victim and Witness Assistance . . . . . . . . . . . . . . . . 154

318 - Hate Crimes . . . . . . . . . . . . . . . . . . . . . . 157

319 - Standards of Conduct . . . . . . . . . . . . . . . . . . . 167

320 - Information Technology Use . . . . . . . . . . . . . . . . . 174

321 - Department Use of Social Media . . . . . . . . . . . . . . . 177

322 - Report Preparation . . . . . . . . . . . . . . . . . . . 180

323 - Media Relations . . . . . . . . . . . . . . . . . . . . 185

324 - Subpoenas and Court Appearances . . . . . . . . . . . . . . 188

325 - Reserve Officers . . . . . . . . . . . . . . . . . . . . 190

326 - Outside Agency Assistance . . . . . . . . . . . . . . . . . 196

327 - Registered Offender Information . . . . . . . . . . . . . . . 198

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328 - Major Incident Notification . . . . . . . . . . . . . . . . . 201

329 - Death Investigation . . . . . . . . . . . . . . . . . . . 203

330 - Identity Theft . . . . . . . . . . . . . . . . . . . . . 206

331 - Communications with Persons with Disabilities . . . . . . . . . . . 207

332 - Private Persons Arrests . . . . . . . . . . . . . . . . . . 215

333 - Anti-Reproductive Rights Crimes Reporting . . . . . . . . . . . . 217

334 - Limited English Proficiency Services . . . . . . . . . . . . . . 219

335 - Mandatory Employer Notification . . . . . . . . . . . . . . . 227

336 - Biological Samples . . . . . . . . . . . . . . . . . . . 229

337 - Chaplains . . . . . . . . . . . . . . . . . . . . . . 232

338 - Public Safety Video Surveillance System . . . . . . . . . . . . 238

339 - Child and Dependent Adult Safety . . . . . . . . . . . . . . . 242

340 - Service Animals . . . . . . . . . . . . . . . . . . . . 246

342 - Off-Duty Law Enforcement Actions . . . . . . . . . . . . . . 249

343 - Gun Violence Restraining Orders . . . . . . . . . . . . . . . 251

344 - Native American Graves Protection and Repatriation . . . . . . . . . 256

345 - Community Relations . . . . . . . . . . . . . . . . . . . 258

Chapter 4 - Patrol Operations . . . . . . . . . . . . . . . . . . 263

400 - Patrol Function . . . . . . . . . . . . . . . . . . . . . 264

401 - Bias-Based Policing . . . . . . . . . . . . . . . . . . . 266

402 - Briefing Training . . . . . . . . . . . . . . . . . . . . 269

403 - Crime and Disaster Scene Integrity . . . . . . . . . . . . . . 270

405 - Ride-Along Policy . . . . . . . . . . . . . . . . . . . . 272

406 - Hazardous Material Response . . . . . . . . . . . . . . . . 275

407 - Hostage and Barricade Incidents . . . . . . . . . . . . . . . 277

408 - Response to Bomb Calls . . . . . . . . . . . . . . . . . . 282

409 - Crisis Intervention Incidents . . . . . . . . . . . . . . . . . 287

410 - Mental Illness Commitments . . . . . . . . . . . . . . . . 292

411 - Cite and Release Policy . . . . . . . . . . . . . . . . . . 297

412 - Foreign Diplomatic and Consular Representatives . . . . . . . . . . 301

413 - Rapid Response and Deployment . . . . . . . . . . . . . . . 305

414 - Immigration Violations . . . . . . . . . . . . . . . . . . 308

415 - Emergency Utility Service . . . . . . . . . . . . . . . . . 313

416 - Aircraft Accidents . . . . . . . . . . . . . . . . . . . . 314

417 - Field Training Officer Program . . . . . . . . . . . . . . . . 318

418 - Obtaining Air Support . . . . . . . . . . . . . . . . . . . 321

419 - Contacts and Temporary Detentions . . . . . . . . . . . . . . 322

420 - Criminal Organizations . . . . . . . . . . . . . . . . . . 326

421 - Watch Commanders . . . . . . . . . . . . . . . . . . . 331

422 - Mobile Audio/Video . . . . . . . . . . . . . . . . . . . 332

423 - Mobile Digital Computer Use . . . . . . . . . . . . . . . . 339

424 - Public Recording of Law Enforcement Activity . . . . . . . . . . . 342

425 - Medical Marijuana . . . . . . . . . . . . . . . . . . . . 345

426 - Bicycle Patrol Unit . . . . . . . . . . . . . . . . . . . . 350

427 - Foot Pursuits . . . . . . . . . . . . . . . . . . . . . 354

429 - Homeless Persons . . . . . . . . . . . . . . . . . . . . 359

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430 - First Amendment Assemblies . . . . . . . . . . . . . . . . 362

431 - Civil Disputes . . . . . . . . . . . . . . . . . . . . . 368

432 - Suspicious Activity Reporting . . . . . . . . . . . . . . . . 371

433 - Medical Aid and Response . . . . . . . . . . . . . . . . . 373

Chapter 5 - Traffic Operations . . . . . . . . . . . . . . . . . . 379

500 - Traffic Function and Responsibility . . . . . . . . . . . . . . 380

501 - Traffic Collision Reporting . . . . . . . . . . . . . . . . . 383

502 - Vehicle Towing and Release . . . . . . . . . . . . . . . . 385

503 - Vehicle Impound Hearings . . . . . . . . . . . . . . . . . 389

504 - Impaired Driving . . . . . . . . . . . . . . . . . . . . 391

505 - Traffic Citations . . . . . . . . . . . . . . . . . . . . . 397

506 - Disabled Vehicles . . . . . . . . . . . . . . . . . . . . 400

507 - 72-Hour Parking Violations . . . . . . . . . . . . . . . . . 401

Chapter 6 - Investigation Operations . . . . . . . . . . . . . . . . 403

600 - Investigation and Prosecution . . . . . . . . . . . . . . . . 404

601 - Sexual Assault Investigations . . . . . . . . . . . . . . . . 409

602 - Asset Forfeiture . . . . . . . . . . . . . . . . . . . . 415

603 - Informants . . . . . . . . . . . . . . . . . . . . . . 422

604 - Eyewitness Identification . . . . . . . . . . . . . . . . . . 428

605 - Brady Material Disclosure . . . . . . . . . . . . . . . . . 432

606 - Unmanned Aerial System (UAS) Operations . . . . . . . . . . . 434

606 - Operations Planning and Deconfliction . . . . . . . . . . . . . 437

607 - Warrant Service . . . . . . . . . . . . . . . . . . . . 443

Chapter 7 - Equipment . . . . . . . . . . . . . . . . . . . . 447

700 - Department Owned and Personal Property . . . . . . . . . . . . 448

701 - Electronic Communication Devices . . . . . . . . . . . . . . 450

702 - Vehicle Maintenance . . . . . . . . . . . . . . . . . . . 454

703 - Vehicle Use . . . . . . . . . . . . . . . . . . . . . . 456

704 - Cash Handling, Security and Management . . . . . . . . . . . . 463

Chapter 8 - Support Services . . . . . . . . . . . . . . . . . . 465

800 - Crime Analysis . . . . . . . . . . . . . . . . . . . . . 466

801 - Dispatch . . . . . . . . . . . . . . . . . . . . . . . 467

802 - Property and Evidence . . . . . . . . . . . . . . . . . . 473

803 - Records Section . . . . . . . . . . . . . . . . . . . . 482

804 - Restoration of Firearm Serial Numbers . . . . . . . . . . . . . 486

805 - Records Maintenance and Release . . . . . . . . . . . . . . 488

806 - Protected Information . . . . . . . . . . . . . . . . . . . 498

807 - Computers and Digital Evidence . . . . . . . . . . . . . . . 502

807 - Animal Control . . . . . . . . . . . . . . . . . . . . . 506

808 - Jeanne Clery Campus Security Act . . . . . . . . . . . . . . 510

Chapter 9 - Custody . . . . . . . . . . . . . . . . . . . . . 516

900 - Temporary Custody of Adults . . . . . . . . . . . . . . . . 517

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901 - Custodial Searches . . . . . . . . . . . . . . . . . . . 530

902 - Prison Rape Elimination . . . . . . . . . . . . . . . . . . 536

Chapter 10 - Personnel . . . . . . . . . . . . . . . . . . . . 546

1000 - Recruitment and Selection . . . . . . . . . . . . . . . . . 547

1005 - Reporting of Employee Convictions . . . . . . . . . . . . . . 552

1007 - Communicable Diseases . . . . . . . . . . . . . . . . . 554

1008 - Personnel Complaints . . . . . . . . . . . . . . . . . . 559

1009 - Seat Belts . . . . . . . . . . . . . . . . . . . . . . 569

1010 - Body Armor . . . . . . . . . . . . . . . . . . . . . 571

1011 - Personnel Records . . . . . . . . . . . . . . . . . . . 573

1012 - Request for Change of Assignment . . . . . . . . . . . . . . 581

1013 - Commendations and Awards . . . . . . . . . . . . . . . . 582

1014 - Lactation Break Policy . . . . . . . . . . . . . . . . . . 584

1015 - Occupational Disease and Work-Related Injury Reporting . . . . . . . 586

1017 - Uniform Regulations . . . . . . . . . . . . . . . . . . . 588

1018 - Police Cadets . . . . . . . . . . . . . . . . . . . . . 594

1021 - Employee Speech, Expression and Social Networking . . . . . . . . 596

1022 - Illness and Injury Prevention . . . . . . . . . . . . . . . . 600

1023 - Line-of-Duty Deaths . . . . . . . . . . . . . . . . . . . 605

Attachments . . . . . . . . . . . . . . . . . . . . . . . . 616

Commission on Peace Officer Standards and Training Hate Crimes Model Policy 2019.pdf

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 617

Hate Crime Checklist.pdf . . . . . . . . . . . . . . . . . . . . 618

California LE Policy Manual Updates June 2020.pdf . . . . . . . . . . . 619

Statutes and Legal Requirements.pdf . . . . . . . . . . . . . . . . 620

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Law Enforcement Role and Authority - 5

Chapter 1 - Law Enforcement Role and Authority

Policy

100

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Law Enforcement Authority - 6

Law Enforcement Authority

100.1 PURPOSE AND SCOPE

The purpose of this policy is to affirm the authority of the members of the Sonoma State University

Police Department to perform their functions based on established legal authority.

100.2 POLICY

It is the policy of the Sonoma State University Police Department to limit its members to only

exercise the authority granted to them by law.

While this department recognizes the power of peace officers to make arrests and take other

enforcement action, officers are encouraged to use sound discretion in the enforcement of the

law. This department does not tolerate the abuse of law enforcement authority.

100.3 PEACE OFFICER POWERS

Sworn members of this department are authorized to exercise peace officer powers pursuant to

applicable state law (Penal Code § 830.2 et seq.).

100.3.1 ARREST AUTHORITY INSIDE THE JURISDICTION OF THE SONOMA STATE

UNIVERSITY POLICE DEPARTMENT

The arrest authority within the jurisdiction of the Sonoma State University Police Department

includes (Penal Code § 830.2; Penal Code § 836):

(a) When the officer has probable cause to believe the person has committed a felony,

whether or not committed in the presence of the officer.

(b) When the officer has probable cause to believe the person has committed a

misdemeanor in this jurisdiction and in the presence of the officer.

(c) When the officer has probable cause to believe the person has committed a public

offense outside this jurisdiction, in the presence of the officer and the officer reasonably

believes there is an immediate danger to person or property, or of escape.

(d) When the officer 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 officer such as certain domestic

violence offenses.

(e) In compliance with an arrest warrant.

100.3.2 ARREST AUTHORITY OUTSIDE THE JURISDICTION OF THE SONOMA STATE

UNIVERSITY POLICE DEPARTMENT

The arrest authority outside the jurisdiction of the Sonoma State University Police Department

includes (Penal Code § 830.2; Penal Code § 836):

(a) When the officer has probable cause to believe the person committed a felony.

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(b) When the officer has probable cause to believe the person has committed a

misdemeanor in the presence of the officer and the officer reasonably believes there

is immediate danger to person or property or of escape.

(c) When the officer 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 officer 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 department except in

cases of hot or fresh pursuit, while following up on crimes committed within the State, or while

assisting another agency.

On-duty officers who discover criminal activity outside the jurisdiction of the State should

when circumstances permit, consider contacting the agency having primary jurisdiction before

attempting an arrest.

100.3.3 DELIVERY TO NEAREST MAGISTRATE

When an officer 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 officer 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).

100.3.4 TIME OF MISDEMEANOR ARRESTS

Officers 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 officer.

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.

100.3.5 OREGON AUTHORITY

Sworn members of this department 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 officers 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.

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(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.

(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.

Sonoma State University Police Department officers have no authority to enforce Oregon traffic

or motor vehicle laws.

Whenever practicable, officers should seek permission from a department supervisor before

entering Oregon to provide law enforcement services. As soon as practicable, officers 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.

100.4 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 an officer 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).

100.5 CONSTITUTIONAL REQUIREMENTS

All members shall observe and comply with every person’s clearly established rights under the

United States and California Constitutions.

Policy

101

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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.

101.1.1 CHIEF EXECUTIVE OFFICER REQUIREMENTS

Any chief executive officer of this department 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).

101.1.2 SHERIFF CANDIDATE REQUIREMENTS

Prior to filing for the office of Sheriff, any candidate shall at minimum meet the requirements of

Government Code § 24004.3.

Policy

102

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Oath of Office

102.1 PURPOSE AND SCOPE

The purpose of this policy is to ensure that oaths, when appropriate, are administered

to department members.

102.2 POLICY

It is the policy of the Sonoma State University Police Department that, when

appropriate, department members affirm the oath of their office as an expression of commitment

to the constitutional rights of those served by the Department and the dedication of its members

to their duties.

102.3 OATH OF OFFICE

All department 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 upon

which I am about to enter.”

102.4 MAINTENANCE OF RECORDS

The oath of office shall be filed as prescribed by law (Government Code § 3105).

Policy

103

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Policy Manual

103.1 PURPOSE AND SCOPE

The manual of the Sonoma State University Police Department 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 department. 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.

103.1.1 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 Sonoma State University Police Department and shall not be construed to

create a higher standard or duty of care for civil or criminal liability against the State, its officials

or members. Violations of any provision of any policy contained within this manual shall only form

the basis for department administrative action, training or discipline. The Sonoma State University

Police Department reserves the right to revise any policy content, in whole or in part.

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 department under the circumstances reasonably available at the

time of any incident.

103.3 AUTHORITY

The Chief of Police 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 Chief of Police or the authorized designee is authorized to issue Special Orders, which

shall modify those provisions of the manual to which they pertain. Special Orders shall remain in

effect until such time as they may be permanently incorporated into the manual.

103.4 DEFINITIONS

The following words and terms shall have these assigned meanings throughout the Policy Manual,

unless it is apparent from the content that they have a different meaning:

Adult - Any person 18 years of age or older.

CCR - California Code of Regulations (Example: 15 CCR 1151).

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CHP- The California Highway Patrol.

CFR - Code of Federal Regulations.

State - The State of Sonoma State University.

Professional Staff - Employees and volunteers who are not sworn peace officers.

Department/SSUPD - The Sonoma State University Police Department.

DMV - The Department of Motor Vehicles.

Employee - Any person employed by the Department.

Juvenile- Any person under the age of 18 years.

Manual - The Sonoma State University Police Department Policy Manual.

May - Indicates a permissive, discretionary or conditional action.

Member - Any person employed or appointed by the Sonoma State University Police Department,

including:

•

Full- and part-time employees

•

Sworn peace officers

•

Reserve, auxiliary officers

•

Professional Staff employees

•

Volunteers.

Officer - Those employees, regardless of rank, who are sworn peace officers of the Sonoma State

University Police Department.

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 an officer.

Shall or will - Indicates a mandatory action.

Should - Indicates a generally required or expected action, absent a rational basis for failing to

conform.

Supervisor - A person in a position of authority that may include responsibility for hiring,

transfer, suspension, promotion, discharge, assignment, reward or discipline of other department

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.

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The term "supervisor" may also include any person (e.g., officer-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 department 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 department

network for viewing and printing. No changes shall be made to the manual without authorization

from the Chief of Police 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 Special 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 Chief of Police 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 Lieutenant will ensure that members under his/her command are aware of any Policy Manual

revision.

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Law Enforcement Code of Ethics - 14

Law Enforcement Code of Ethics

104.1 PURPOSE AND SCOPE

The purpose of this policy is to ensure that all peace officers are aware of their individual

responsibilities to maintain their integrity and that of their department at all times.

104.2 POLICY

The Law Enforcement Code of Ethics shall be administered to all peace officer trainees during

the Basic Academy course and to all other persons at the time of appointment (11 CCR 1013).

104.3 LAW ENFORCEMENT CODE OF ETHICS

AS A LAW ENFORCEMENT OFFICER, my fundamental duty is to serve; to safeguard lives and

property; to protect the innocent against deception, the weak against oppression or intimidation,

and the peaceful against abuse 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; 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 in both my personal and official life, I will be exemplary in

obeying the laws of the land 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, 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 the police service. I will constantly strive to

achieve these objectives and ideals, dedicating myself before god to my chosen profession... law

enforcement.

104.3.1 OBJECTION TO RELIGIOUS AFFIRMATION

Reference to religious affirmation in the Law Enforcement Code of Ethics may be omitted where

objected to by the officer.

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Chapter 2 - Organization and Administration

Policy

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Organizational Structure and Responsibility

200.1 PURPOSE AND SCOPE

The organizational structure of this department 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 COMMAND STRUCTURE AND PROTOCOL

The Chief of Police is responsible for the oversight of the police department, utilizing a Lieutenant

as the second in command.

200.2.1 SUCCESSION OF COMMAND

The Chief of Police exercises command over all personnel in the Department. During planned

absences the Chief of Police will designate an acting Chief of Police.

Except when designated as above, the order of command authority in the absence or unavailability

of the Chief of Police is as follows:

(a) Senior Sergeant

(b) Sergeant

(c) Corporal

(d) Senior Officer

200.2.2 UNITY OF COMMAND

The principles of unity of command ensure efficient supervision and control within the Department.

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.

200.2.3 ORDERS

Members shall respond to and make a good faith and reasonable effort to comply with the lawful

order of superior officers and other proper authority.

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Special Orders

201.1 PURPOSE AND SCOPE

Special Orders establish an interdepartmental communication that may be used by the Chief

of Police to make immediate changes to policy and procedure consistent with the current

Memorandum of Understanding and as permitted by Government Code § 3500 et seq. Special

Orders will immediately modify or change and supersede sections of this manual to which they

pertain.

201.1.1 SPECIAL ORDER PROTOCOL

Special Orders will be incorporated into the manual as required upon approval of Staff. Special

Orders will modify existing policies or create a new policy as appropriate and will be rescinded

upon incorporation into the manual.

All existing Special Orders have now been incorporated in the updated Policy Manual. Once this

policy is issued, previous conflicting directives become void as of the below revision date.

Any Special 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, 20-01 signifies

the first Special Order for the year 2020.

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 Special Order.

201.2.2 CHIEF OF POLICE

The Chief of Police shall issue all Special Orders.

201.3 ACCEPTANCE OF SPECIAL ORDERS

All employees are required to read and obtain any necessary clarification of all Special Orders. All

employees are required to acknowledge in writing the receipt and review of any new Special Order.

Signed acknowledgement forms and/or e-mail receipts showing an employee’s acknowledgement

will be maintained by the Training Sergeant.

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Emergency Management Plan

202.1 PURPOSE AND SCOPE

The State 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 Sonoma State

University Police Department are subject to immediate recall. Employees may also be subject

to recall during extraordinary circumstances as deemed necessary by the Chief of Police 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 Administration and the Watch Commander's

office. All supervisors should familiarize themselves with the Emergency Management Plan. The

Administration supervisor should ensure that department personnel are familiar with the roles

police personnel will play when the plan is implemented.

202.4 UPDATING OF MANUALS

The Chief of Police 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.

Policy

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Training Policy

203.1 PURPOSE AND SCOPE

It is the policy of this department to administer a training program that will provide for the

professional growth and continued development of its personnel. By doing so, the Department 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 Department 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 Department will use courses certified by the California Commission on

Peace Officer Standards and Training (POST).

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 department personnel

203.4 TRAINING PLAN

A training plan will be developed and maintained by the Training Sergeant. It is the responsibility

of the Training Sergeant to maintain, review, and update the training plan on an annual basis. The

plan will address the following areas:

(Agency-specific training areas)

203.5 TRAINING NEEDS ASSESSMENT

The Training Section will conduct an annual training-needs assessment of the Department. The

needs assessment will be reviewed by staff. Upon approval by the staff, the needs assessment

will form the basis for the training plan for the fiscal year.

203.6 TRAINING COMMITTEE

The Training Sergeant shall establish a Training Committee, which will serve to assist with

identifying training needs for the Department.

The Training Committee shall be comprised of at least three members, with the senior ranking

member of the committee acting as the chairperson. Members should be selected based on their

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abilities at post-incident evaluation and at assessing related training needs. The Training Sergeant

may remove or replace members of the committee at his/her discretion.

The Training Committee 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 Committee 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.

(c)

Incidents identified by a supervisor as appropriate to review to identify possible training

needs.

The Training Committee should convene on a regular basis as determined by the Training

Sergeant to review the identified incidents. The committee shall determine by consensus whether

a training need exists and then submit written recommendations of its findings to the Training

Sergeant. 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 Sergeant will consider the recommendations of the committee and determine what

training should be addressed, taking into consideration the mission of the Department and

available resources.

203.7 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. First choice vacation

3. Sick leave

4. Physical limitations preventing the employee’s participation.

5. Emergency situations

(b) When an employee is unable to attend mandatory training, that employee shall:

1. Notify his/her supervisor as soon as possible but no later than one hour prior

to the start of training.

2. Document his/her absence in a memorandum to his/her supervisor.

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3. Make arrangements through his/her supervisor and the Training Sergeant to

attend the required training on an alternate date.

203.8 DAILY TRAINING BULLETINS

The Lexipol Daily Training Bulletins (DTBs) is a web-accessed system that provides training on the

Sonoma State University Police Department Policy Manual and other important topics. Generally,

one training bulletin is available for each day of the month. However, the number of DTBs may

be adjusted by the Training Sergeant.

Personnel assigned to participate in DTBs should only use the password and login name assigned

to them by the Training Sergeant. Personnel should not share their password with others and

should frequently change their password to protect the security of the system. After each session,

employees should log off the system to prevent unauthorized access. The content of the DTBs is

copyrighted material and shall not be shared with others outside of the Department.

Employees who are assigned to participate in the DTB program should complete each DTB at the

beginning of their shift or as otherwise directed by their supervisor. Employees should not allow

uncompleted DTBs to build up over time. Personnel may be required to complete DTBs missed

during extended absences (e.g., vacation, medical leave) upon returning to duty. Although the

DTB system can be accessed from any Internet active computer, employees shall only take DTBs

as part of their on-duty assignment unless directed otherwise by a supervisor.

Supervisors will be responsible for monitoring the progress of personnel under their command to

ensure compliance with this policy.

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Electronic Mail

204.1 PURPOSE AND SCOPE

The purpose of this policy is to establish guidelines for the proper use and application of

the Department's electronic mail (email) system by employees of this department. 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 Department.

204.2 EMAIL RIGHT OF PRIVACY

All email messages, including any attachments, that are transmitted over department networks are

considered department records and therefore are department property. The Department 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 department system.

The email system is not a confidential system since all communications transmitted on, to or from

the system are the property of the Department. Therefore, the email system is not appropriate

for confidential communications. If a communication must be private, an alternative method to

communicate the message should be used instead of email. Employees using the Department'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 Department. This section shall not apply to union communications

unless otherwise required by law.

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 department are only to be used for official business

related items that are of particular interest to all users and must be approved by the Chief of Police

or a Lieutenant. Personal advertisements are not acceptable.

It is a violation of this policy to transmit a message under another user’s name. Users are

strongly encouraged to log off the network when their computer is unattended. This added security

measure would minimize the misuse of an individual’s email, name and/or password by others.

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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 Custodian of Records shall ensure that email messages are retained and recoverable as

outlined in the Records Maintenance and Release Policy.

Policy

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Administrative Communications

205.1 PURPOSE AND SCOPE

Administrative communications of this department are governed by the following policies.

205.2 MEMORANDUMS

Memorandums may be issued periodically by the Chief of Police 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 Department are not misused, all external

correspondence shall be on Department letterhead. All Department letterhead shall bear the

signature element of the Chief of Police. Personnel should use Department letterhead only for

official business and with approval of their supervisor.

205.4 SURVEYS

All surveys made in the name of the Department shall be authorized by the Chief of Police or a

Lieutenant.

Policy

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Retiree Concealed Firearms

207.1 PURPOSE AND SCOPE

The purpose of this policy is to provide guidelines for the issuance, denial, suspension or

revocation of Sonoma State University Police Department identification cards under the Law

Enforcement Officers’ Safety Act (LEOSA) and California law (18 USC § 926C; Penal Code §

25455).

207.2 POLICY

It is the policy of the Sonoma State University Police Department to provide identification cards to

qualified former or retired officers as provided in this policy.

207.3 LEOSA

The Chief of Police may issue an identification card for LEOSA purposes to any qualified

former officer of this department who (18 USC § 926C(c)):

(a) Separated from service in good standing from this department as an officer.

(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 department.

(c) Has not been disqualified for reasons related to mental health.

(d) Has not entered into an agreement with this department where the officer

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.

207.3.1 LEOSA IDENTIFICATION CARD FORMAT

The LEOSA identification card should contain a photograph of the former officer and identify him/

her as having been employed as an officer.

If the Sonoma State University Police Department qualifies the former officer, the LEOSA

identification card or separate certification should indicate the date the former officer was tested

or otherwise found by the Department to meet the active duty standards for qualification to carry

a firearm.

207.3.2 AUTHORIZATION

Any qualified former law enforcement officer, including a former officer of this department, 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:

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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

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.

207.4 CALIFORNIA IDENTIFICATION CARD ISSUANCE

Any full-time sworn officer of this department 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 officer who retires in lieu of termination.

(b) No CCW Approved endorsement shall be issued to any officer retiring because of a

psychological disability (Penal Code § 26305).

207.4.1 CALIFORNIA IDENTIFICATION CARD FORMAT

The identification card issued to any qualified and honorably retired officer 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 department.

(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.”

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207.4.2 QUALIFIED RETIREES FROM INCORPORATED JURISDICTION

The Sonoma State University Police Department shall provide an identification card with a

CCW Approved endorsement to honorably retired peace officers from any jurisdiction that

this department now serves under the following conditions (Penal Code § 25905):

(a) The retiree's previous agency is no longer providing law enforcement services or the

relevant government body is dissolved.

(b) This department 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 department for the

issuance of a CCW Approved endorsement.

207.4.3 QUALIFIED RETIRED RESERVES

Qualified retired reserve officers who meet the department requirements shall be provided an

identification card with a CCW Approved endorsement (Penal Code § 26300).

207.5 FORMER OFFICER RESPONSIBILITIES

A former 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.

207.5.1 RESPONSIBILITIES UNDER LEOSA

In order to obtain or retain a LEOSA identification card, the former officer shall:

(a) Sign an acknowledgment that the Department is not responsible for acts taken

related to carrying a concealed firearm, and 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 Department.

(b) Remain subject to all applicable department 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.

207.5.2 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 officer shall (Penal Code § 26305):

(a) Qualify every three years with the authorized firearm at a course approved by this

department at the retired officer’s expense.

(b) Remain subject to all applicable department policies and federal, state and local laws.

(c) Not engage in conduct that compromises public safety.

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(d) Only be authorized to carry a concealed firearm inspected and approved by the

Department.

207.6 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 Department. In the event that an identification card is denied, suspended, or

revoked, the former officer may request a review by the Chief of Police. The decision of the Chief

of Police is final.

207.7 DENIAL, SUSPENSION, OR REVOCATION OF A CALIFORNIA CCW

ENDORSEMENT CARD

A CCW endorsement for any officer retired from this department 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 officer 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 Department 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 Department,

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 Department 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 Department 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

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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 Chief of Police.

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 Department to deliver the written notification.

207.8 FIREARM QUALIFICATIONS

The Rangemaster may provide former officers from this department an opportunity to qualify.

Written evidence of the qualification and the weapons used will be provided and will contain the

date of the qualification. The Rangemaster will maintain a record of the qualifications and weapons

used.

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Chapter 3 - General Operations

Policy

300

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Use of Force - 31

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 department 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 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 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 personnel is a matter of critical concern, both to the public

and to the law enforcement community. Officers are involved on a daily basis in numerous and

varied interactions and, when warranted, may use reasonable force in carrying out their duties.

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.

The Department recognizes and respects the value of all human life and dignity without prejudice

to anyone. Vesting officers with the authority to use reasonable force and to protect the public

welfare requires monitoring, evaluation and a careful balancing of all interests.

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300.2.1 FAIR AND UNBIASED USE OF FORCE

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 the Bias-Based Policing Policy for additional

guidance.

300.2.2 DUTY TO INTERCEDE

Any 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 officer under

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 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)).

300.2.3 DUTY TO REPORT EXCESSIVE FORCE

Any officer who observes a law enforcement officer or an employee use force that potentially

exceeds what the 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

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 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 officer on the

scene at the time of the incident. Any evaluation of reasonableness must allow for the fact that

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 an officer might encounter,

officers are entrusted to use well-reasoned discretion in determining the appropriate use of force in

each incident. 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)).

It is also recognized that circumstances may arise in which officers reasonably believe that it would

be impractical or ineffective to use any of the approved tools, weapons, or methods provided

by the Department. 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.

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While the ultimate objective of every law enforcement encounter is to avoid or minimize injury,

nothing in this policy requires an officer to retreat or be exposed to possible physical injury before

applying reasonable force.

300.3.1 ALTERNATIVE TACTICS - DE-ESCALATION

As time and circumstances reasonably permit, and when community and officer safety would

not be compromised, 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 officers before entering an unstable situation that

does not reasonably appear to require immediate intervention.

(c) Employing other tactics that do not unreasonably increase officer jeopardy.

In addition, when reasonable, 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)). 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.

300.3.2 USE OF FORCE TO EFFECT AN ARREST

Any peace officer may use objectively reasonable force to effect an arrest, to prevent escape,

or to overcome resistance. A peace 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 an 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).

300.3.3 FACTORS USED TO DETERMINE THE REASONABLENESS OF FORCE

When determining whether to apply force and evaluating whether an 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 officers or others (Penal Code

§ 835a).

(b) The conduct of the individual being confronted, as reasonably perceived by the officer

at the time (Penal Code § 835a).

(c) Officer/subject factors (age, size, relative strength, skill level, injuries sustained, level

of exhaustion or fatigue, the number of officers available vs. subjects).

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(d) The conduct of the involved 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 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.

(j) 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.

(l) Training and experience of the officer.

(m) Potential for injury to officers, suspects, bystanders, and others.

(n) Whether the person appears to be resisting, attempting to evade arrest by flight, or

is attacking the 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 officer or others.

(r) Prior contacts with the subject or awareness of any propensity for violence.

(s) Any other exigent circumstances.

300.3.4 PAIN COMPLIANCE TECHNIQUES

Pain compliance techniques may be effective in controlling a physically or actively resisting

individual. Officers may only apply those pain compliance techniques for which they have

successfully completed department-approved training. 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 officer.

(c) Whether the person has been given sufficient opportunity to comply.

The application of any pain compliance technique shall be discontinued once the officer

determines that compliance has been achieved.

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300.3.5 RESTRICTIONS ON THE USE OF CAROTID CONTROL HOLD

Officers of this department 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).

300.3.6 RESTRICTIONS ON THE USE OF A CHOKE HOLD

Officers of this department 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).

300.3.7 USE OF FORCE TO SEIZE EVIDENCE

In general, officers may use reasonable force to lawfully seize evidence and to prevent the

destruction of evidence. However, officers are discouraged from using force solely to prevent

a person from swallowing evidence or contraband. In the instance when force is used, 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. Officers are encouraged to use techniques and methods taught by the Sonoma State

University Police Department for this specific purpose.

300.4 DEADLY FORCE APPLICATIONS

Where feasible, the 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 officer has

objectively reasonable grounds to believe the person is aware of those facts (Penal Code 835a).

If an objectively reasonable officer would consider it safe and feasible to do so under the totality

of the circumstances, 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, officers should consider their 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 officer reasonably believes it is necessary in the

following circumstances (Penal Code § 835a):

(a) An 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 officer

or another person.

(b) An 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 officer reasonably

believes that the person will cause death or serious bodily injury to another unless

immediately apprehended.

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Officers shall not use deadly force against a person based on the danger that person poses to him/

herself, if an objectively reasonable officer would believe the person does not pose an imminent

threat of death or serious bodily injury to the 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 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 officer or another person. An 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, 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. An officer should only discharge a firearm at a moving vehicle or its occupants

when the 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 officer

or others (Government Code § 7286(b)).

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,

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)):

(a) If the 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 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 threat until the officer no longer

perceives such threat.

Once it is reasonably safe to do so, officers should carefully secure all firearms.

300.5 REPORTING THE USE OF FORCE

Any use of force by a member of this department shall be documented promptly, completely,

and accurately in an appropriate report, depending on the nature of the incident. The 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 Department may require the completion of additional report forms, as

specified in department policy, procedure, or law. See the Report Preparation Policy for additional

circumstances that may require documentation.

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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 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 Section Policy.

300.6 MEDICAL CONSIDERATION

Once it is reasonably safe to do so, properly trained 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 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

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 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 officer reasonably believes would

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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

officers to be brought under control, may be at an increased risk of sudden death. Calls involving

these persons should be considered medical emergencies. 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 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:

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.

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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.

300.8 USE OF FORCE COMPLAINTS

The receipt, processing, and investigation of civilian complaints involving use of force incidents

should be handled in accordance with the Personnel Complaints Policy (Government Code §

7286(b)).

300.9 TRAINING

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 Sergeant should ensure that 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.

300.10 USE OF FORCE ANALYSIS

At least annually, the Patrol Lieutenant should prepare an analysis report on use of force incidents.

The report should be submitted to the Chief of Police. The report should not contain the names

of officers, suspects or case numbers, and should include:

(a) The identification of any trends in the use of force by members.

(b) Training needs recommendations.

(c) Equipment needs recommendations.

(d) Policy revision recommendations.

300.11 POLICY REVIEW

The Chief of Police or the authorized designee should regularly review and update this policy to

reflect developing practices and procedures (Government Code § 7286(b)).

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300.12 POLICY AVAILABILITY

The Chief of Police or the authorized designee should ensure this policy is accessible to the public

(Government Code § 7286(c)).

300.13 PUBLIC RECORDS REQUESTS

Requests for public records involving an 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)).

Policy

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Use of Force Review Boards

301.1 PURPOSE AND SCOPE

This policy establishes a process for the Sonoma State University Police Department to review

the use of force by its employees.

This review process shall be in addition to any other review or investigation that may be conducted

by any outside or multi-agency entity having jurisdiction over the investigation or evaluation of the

use of deadly force.

301.2 POLICY

The Sonoma State University Police Department will objectively evaluate the use of force 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 department 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

Chief of Police may exercise discretion and choose not to place an employee in an administrative

assignment in any case.

301.4 REVIEW BOARD

The Use of Force Review Board will be convened when it is determined to be a Police Involved

Fatal or Serious Injury Incidents. While the primary purpose of the Use of Force Review Board is

to review Police Involved Fatal or Serious Injury Incidents, the Chief of Police may request the Use

of Force Review Board to investigate the circumstances surrounding any Use of Force Incident

as defined in the Use of Force policy.

The Chief of Police will request to convene the Use of Force Review Board as necessary. The

Chief of Police of the affected campus will also ensure that all relevant reports, documents and

materials are available for consideration and review by the Use of Force Review Board.

301.4.1 COMPOSITION OF THE BOARD

The Use of Force Review Board members will be:

•

The Second Chair of the Council of Chiefs will serve as the Chair (Should the campus

of the Second Chair be the involved campus, one of the remaining chairs from the

Council of Chiefs will serve as Chair); and

•

Two Chiefs of Police from other campuses.

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301.4.2 RESPONSIBILITIES OF THE BOARD

The Use of Force Review Board is empowered to conduct an administrative review and inquiry

into the circumstances of an Investigation of Fatal or Serious Injury Incidents.

The board does not have the authority to recommend discipline.

The review shall be based upon those facts which were reasonably believed or known by the

officer at the time of the incident, applying any legal requirements, department policies, procedures

and approved training to those facts. Facts later discovered but unknown to the officer at the time

shall neither justify nor call into question an officer’s decision regarding the use of force.

The board shall make one of the following recommended findings:

(a) The employee’s actions were within department policy and procedure.

(b) The employee’s actions were in violation of department policy and procedure.

A recommended finding or findings requires a majority vote of the board as to each finding.

The board may also 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 chairperson will submit the written

recommendation to the Chief of Police of the involved campus.

The Chief of Police 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. If the Chief of Police concludes that discipline

should be considered, a disciplinary process will be initiated in accordance with the Department’s

Personnel Complaint Policy

At the conclusion of any additional reviews, copies of all relevant reports and information will be

filed with the Chief of Police.

Policy

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Handcuffing and Restraints

302.1 PURPOSE AND SCOPE

This policy provides guidelines for the use of handcuffs and other restraints during detentions and

arrests.

302.2 POLICY

The Sonoma State University Police Department authorizes the use of restraint devices in

accordance with this policy, the Use of Force Policy, and department 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 Sonoma State University Police Department-

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, officers 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 a person 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 ensure the safety of officers and others.

When deciding whether to remove restraints from a detainee, officers 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

used unless the officer has a reasonable suspicion that the person may resist, attempt escape,

injure self or others, or damage property.

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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, officers, 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 officer has a reasonable suspicion that the juvenile may resist,

attempt escape, injure him/herself, injure the officer, or damage property.

302.3.4 NOTIFICATIONS

Whenever an officer transports a person with the use of restraints other than handcuffs, the officer

shall inform the jail staff upon arrival at the jail that restraints were used. This notification should

include information regarding any other circumstances the officer reasonably believes would

be potential safety concerns or medical risks to the person (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 Department. Officers should consider handcuffing any person they reasonably

believe warrants that degree of restraint. However, officers 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 person or may

cause unreasonable discomfort due to the person’s size, officers 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

Spit hoods are temporary protective devices designed to prevent the wearer from biting and/or

transferring or transmitting fluids (saliva and mucous) to others.

Spit hoods may be placed upon persons in custody when the officer 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 after transport.

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Officers 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. Officers should

provide assistance during the movement of a restrained person due to the potential for impairing or

distorting that person's vision. Officers should avoid comingling those 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 department-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 Department shall be used.

In determining whether to use the leg restraint, officers should consider:

(a) Whether the officer 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 officer while handcuffed, kicking at objects or officers).

(c) Whether it is reasonably necessary to avoid damage to property (e.g., kicking at

windows of the patrol vehicle).

302.7.1 GUIDELINES FOR USE OF LEG RESTRAINTS

When applying leg restraints, the following guidelines should be followed:

(a) If practicable, officers 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.

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(b) Once applied, absent a medical or other emergency, restraints should remain in place

until the officer 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 an officer while in the leg

restraint. The officer should ensure that the person does not roll onto and remain on

his/her stomach.

(e) The officer 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 an officer when requested by medical personnel. The transporting

officer should describe to medical personnel any unusual behaviors or other

circumstances the officer reasonably believes would be potential safety or medical

risks to the person (e.g., prolonged struggle, extreme agitation, impaired respiration).

302.8 REQUIRED DOCUMENTATION

If a person is restrained and released without an arrest, the officer shall document the details of

the detention and the need for handcuffs or other restraints.

If a person is arrested, the use of handcuffs or other restraints shall be documented in the related

report.

Officers should document the following information in reports, as appropriate, when restraints

other than handcuffs are used on a person:

(a) The factors that led to the decision to use restraints.

(b) Supervisor notification and approval of restraint use.

(c) The types of restraint used.

(d) The amount of time the person was restrained.

(e) How the person was transported and the position of the person during transport.

(f) Observations of the person’s behavior and any signs of physiological problems.

(g) Any known or suspected drug use or other medical problems.

302.9 TRAINING

Subject to available resources, the Training Sergeant should ensure that officers receive periodic

training on the proper use of handcuffs and other restraints, including:

(a) Proper placement and fit of handcuffs and other restraint devices approved for use

by the Department.

(b) Response to complaints of pain by restrained persons.

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(c) Options for restraining those who may be pregnant without the use of leg irons, waist

chains, or handcuffs behind the body.

(d) Options for restraining amputees or those with medical conditions or other physical

conditions that may be aggravated by being restrained.

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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 Sonoma

State University Police Department authorizes officers 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 department

only if the device has been issued by the Department or approved by the Chief of Police or the

authorized designee.

Only officers who have successfully completed department-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, officers should carefully consider potential impact areas in order to

minimize injuries and unintentional targets.

303.4 RESPONSIBILITIES

303.4.1 WATCH COMMANDER RESPONSIBILITIES

The Watch 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 RANGEMASTER RESPONSIBILITIES

The Rangemaster 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 the Rangemaster or the designated instructor

for a particular control device. The inspection shall be documented.

303.4.3 USER RESPONSIBILITIES

All normal maintenance, charging or cleaning shall remain the responsibility of personnel using

the various devices.

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Any damaged, inoperative, outdated or expended control devices or munitions, along with

documentation explaining the cause of the damage, shall be returned to the Rangemaster for

disposition. Damage to State property forms shall also be prepared and forwarded through the

chain of command, when appropriate, explaining the cause of damage.

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 officer reasonably believes the suspect poses an imminent threat of serious

bodily injury or death to the officer or others.

When carrying a baton, uniformed personnel shall carry the baton in its authorized holder on the

equipment belt. 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 Watch Commander, Incident Commander or Crisis Response Unit

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 holster on the equipment belt.

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 officer reasonably believes the suspect poses

an imminent threat of serious bodily injury or death to the officer or others.

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Officers encountering a situation that warrants the use of a pepper projectile system shall notify

a supervisor as soon as practicable. A supervisor shall respond to all 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.

Each deployment of a pepper projectile system shall be documented. This includes situations

where the launcher was directed toward the suspect, whether or not the launcher was used.

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, officers 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 clean up 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 department 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 department-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.

Officers are not required or compelled to use approved munitions in lieu of other reasonable tactics

if the involved officer determines that deployment of these munitions cannot be done safely. The

safety of hostages, innocent persons and officers 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.

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(c)

The suspect is engaged in riotous behavior or is throwing rocks, bottles or other

dangerous projectiles at people and/or officers.

(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.

303.9.2 DEPLOYMENT CONSIDERATIONS

Before discharging projectiles, the officer 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 officers 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 officers and individuals that the device is being deployed.

Officers should keep in mind the manufacturer’s recommendations and their training regarding

effective distances and target areas. However, officers 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

officer reasonably believes the suspect poses an imminent threat of serious bodily injury or death

to the officer 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.

Officers will inspect the shotgun and projectiles at the beginning of each shift to ensure that the

shotgun is 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 unloaded and properly and securely stored in the

vehicle. When deploying the kinetic energy projectile shotgun, the officer shall visually inspect

the kinetic energy projectiles to ensure that conventional ammunition is not being loaded into the

shotgun.

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Absent compelling circumstances, officers who must transition from conventional ammunition to

kinetic energy projectiles will employ the two-person rule for loading. The two-person rule is a

safety measure in which a second officer watches the unloading and loading process to ensure

that the weapon is completely emptied of conventional ammunition.

303.10 TRAINING FOR CONTROL DEVICES

The Training Sergeant 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 officer’s

training file.

(c) Officers 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 an officer cannot

demonstrate proficiency with a control device or knowledge of this agency’s Use of

Force Policy after remedial training, the officer will be restricted from carrying the

control device and may be subject to discipline.

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 incident report and reported pursuant to the Use of Force Policy.

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Conducted Energy Device

304.1 PURPOSE AND SCOPE

This policy provides guidelines for the issuance and use of TASER devices.

304.2 POLICY

The TASER® device is 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 officers and suspects.

304.3 ISSUANCE AND CARRYING TASER DEVICES

Only members who have successfully completed department-approved training may be issued

and carry the TASER device.

TASER 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 department’s inventory.

Officers shall only use the TASER device and cartridges that have been issued by the Department.

Uniformed officers who have been issued the TASER device shall wear the device in an approved

holster on their person. Non-uniformed officers may secure the TASER device in the driver’s

compartment of their vehicle.

Members carrying the TASER device should perform a spark test on the unit prior to every shift.

When carried while in uniform officers shall carry the TASER device in a weak-side holster on the

side opposite the duty weapon.

(a)

All TASER devices shall be clearly and distinctly marked to differentiate them from the

duty weapon and any other device.

(b)

Whenever practicable, officers should carry two or more cartridges on their person

when carrying the TASER device.

(c)

Officers shall be responsible for ensuring that their issued TASER device is properly

maintained and in good working order.

(d)

Officers should not hold both a firearm and the TASER device at the same time.

304.4 VERBAL AND VISUAL WARNINGS

A verbal warning of the intended use of the TASER device should precede its application,

unless it would otherwise endanger the safety of officers 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.

(b) Provide other officers and individuals with a warning that the TASER device may be

deployed.

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If, after a verbal warning, an individual is unwilling to voluntarily comply with an officer’s lawful

orders and it appears both reasonable and feasible under the circumstances, the officer 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 TASER

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 officer deploying the TASER device in the related report.

304.5 USE OF THE TASER DEVICE

The TASER device has limitations and restrictions requiring consideration before its use. The

TASER device should only be used when its operator can safely approach the subject within the

operational range of the device. Although the TASER device is generally effective in controlling

most individuals, officers should be aware that the device may not achieve the intended results

and be prepared with other options.

304.5.1 APPLICATION OF THE TASER DEVICE

The TASER device may be used in any of the following circumstances, when the circumstances

perceived by the officer 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 officers,

him/herself or others.

Mere flight from a pursuing officer, without other known circumstances or factors, is not good

cause for the use of the TASER device to apprehend an individual.

304.5.2 SPECIAL DEPLOYMENT CONSIDERATIONS

The use of the TASER 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 officer, the subject or others, and the officer reasonably believes

that the need to control the individual outweighs the risk of using the device. This includes:

(a) Individuals who are known to be pregnant.

(b) Elderly individuals or obvious juveniles.

(c) Individuals with obviously low body mass.

(d) Individuals who are handcuffed or otherwise restrained.

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(e) Individuals who 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).

Because the application of the TASER 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 officers and the subject, thereby giving officers time and distance to

consider other force options or actions.

The TASER 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 officer to limit the

application of the TASER device probes to a precise target area, officers 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 APPLICATIONS OF THE TASER DEVICE

Officers should apply the TASER device for only one standard cycle and then evaluate the situation

before applying any subsequent cycles. Multiple applications of the TASER device against a single

individual are generally not recommended and should be avoided unless the officer reasonably

believes that the need to control the individual outweighs the potentially increased risk posed by

multiple applications.

If the first application of the TASER device appears to be ineffective in gaining control of an

individual, the officer should consider certain factors before additional applications of the TASER

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.

Officers should generally not intentionally apply more than one TASER device at a time against

a single subject.

304.5.5 ACTIONS FOLLOWING DEPLOYMENTS

Officers shall notify a supervisor of all TASER device discharges. Confetti tags should be collected

and the expended cartridge, along with both probes and wire, should be submitted into evidence.

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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 TASER device may be deployed against an animal as part of a plan 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 TASER® CAM™

The TASER CAM is activated any time the safety is in the off position. The safety should be in

the safe position unless the officer 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 department records retention schedule.

304.5.8 OFF-DUTY CONSIDERATIONS

Officers are not authorized to carry department TASER devices while off-duty.

Officers shall ensure that TASER 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

Officers shall document all TASER device discharges in the related arrest/crime report and the

TASER device report form. Notification shall also be made to a supervisor in compliance with the

Use of Force Policy. Unintentional discharges, pointing the device at a person, laser activation

and arcing the device will also be documented on the report form.

304.6.1 TASER DEVICE FORM

Items that shall be included in the TASER device report form are:

(a) The type and brand of TASER 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 TASER 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 TASER 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.

(j) Whether medical care was provided to the subject.

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(k) Whether the subject sustained any injuries.

(l) Whether any officers sustained any injuries.

The Training Sergeant should periodically analyze the report forms to identify trends, including

deterrence and effectiveness. The Training Sergeant should also conduct audits of data

downloads and reconcile TASER device report forms with recorded activations. TASER device

information and statistics, with identifying information removed, should periodically be made

available to the public.

304.6.2 REPORTS

The officer should include the following in the arrest/crime report:

(a) Identification of all personnel firing TASER devices

(b) Identification of all witnesses

(c) Medical care provided to the subject

(d) Observations of the subject’s physical and physiological actions

(e) Any known or suspected drug use, intoxication or other medical problems

304.7 MEDICAL TREATMENT

Consistent with local medical personnel protocols and absent extenuating circumstances, only

appropriate medical personnel should remove TASER device probes from a person’s body. Used

TASER 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 TASER 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 TASER 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, such a refusal should be

witnessed by another officer and/or medical personnel and shall be fully documented in related

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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 officer shall inform any person providing medical care or receiving custody that

the individual has been subjected to the application of the TASER device.

304.8 SUPERVISOR RESPONSIBILITIES

When possible, supervisors should respond to calls when they reasonably believe there is a

likelihood the TASER device may be used. A supervisor should respond to all incidents where

the TASER device was activated.

A supervisor should review each incident where a person has been exposed to an activation of

the TASER device. The device’s onboard memory should be downloaded through the data port

by a supervisor or Rangemaster and saved with the related arrest/crime report. Photographs of

probe sites should be taken and witnesses interviewed.

304.9 TRAINING

Personnel who are authorized to carry the TASER device shall be permitted to do so only after

successfully completing the initial department-approved training. Any personnel who have not

carried the TASER device as a part of their assignment for a period of six months or more shall

be recertified by a department-approved TASER device instructor prior to again carrying or using

the device.

Proficiency training for personnel who have been issued TASER devices should occur every year.

A reassessment of an officer’s knowledge and/or practical skill may be required at any time if

deemed appropriate by the Training Sergeant. All training and proficiency for TASER devices will

be documented in the officer’s training file.

Command staff, supervisors and investigators should receive TASER device training as

appropriate for the investigations they conduct and review.

Officers who do not carry TASER devices should receive training that is sufficient to familiarize

them with the device and with working with officers who use the device.

The Training Sergeant is responsible for ensuring that all members who carry TASER devices

have received initial and annual proficiency training. Periodic audits should be used for verification.

Application of TASER devices during training could result in injury to personnel and should not

be mandatory for certification.

The Training Sergeant 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.

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(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 TASER device and transitioning

to other force options.

(f)

De-escalation techniques.

(g)

Restraint techniques that do not impair respiration following the application of the

TASER device.

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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 of an officer.

In other incidents not covered by this policy, the Chief of Police may decide that the investigation

will follow the process provided in this policy.

305.2 POLICY

The policy of the Sonoma State University Police Department 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 suspect’s actions.

•

A criminal investigation of the involved officer’s actions.

•

An administrative investigation as to policy compliance by involved officers.

•

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 officer.

Jurisdiction is determined by the location of the shooting or death and the agency employing the

involved officer. 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 Sonoma State University

Police Department would control the investigation if the suspect’s crime occurred in Sonoma State

University.

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

officer, at the discretion of the Chief of Police and with concurrence from the other agency.

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305.4.2 CRIMINAL INVESTIGATION OF OFFICER ACTIONS

The control of the criminal investigation into the involved officer’s conduct during the incident

will be determined by the employing agency’s protocol. When an officer from this department is

involved, the criminal investigation will be handled according to the Criminal Investigation section

of this policy.

Requests made of this department to investigate a shooting or death involving an outside agency’s

officer shall be referred to the Chief of Police 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

officer 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 OFFICER RESPONSIBILITIES

Upon arrival at the scene of an officer-involved shooting, the first uninvolved SSUPD officer will

be the officer-in-charge and will assume the responsibilities of a supervisor until properly relieved.

This officer 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 Department 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 SSUPD supervisor should ensure completion of the

duties as outlined above, plus:

(a) Attempt to obtain a brief overview of the situation from any uninvolved officers.

1. In the event that there are no uninvolved officers who can supply adequate

overview, the supervisor should attempt to obtain a brief voluntary overview from

one involved officer.

(b) If necessary, the supervisor may administratively order any SSUPD officer to

immediately provide public safety information necessary to secure the scene, identify

injured parties and pursue suspects.

(a) 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.

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(b) The initial on-scene supervisor should not attempt to order any involved officer

to provide any information other than public safety information.

(c) Provide all available information to the Watch Commander and Dispatch. If feasible,

sensitive information should be communicated over secure networks.

(d) Take command of and secure the incident scene with additional SSUPD members until

properly relieved by another supervisor or other assigned personnel or investigator.

(e) As soon as practicable, ensure that involved officers are transported (separately, if

feasible) to a suitable location for further direction.

(a) Each involved SSUPD officer should be given an administrative order not to

discuss the incident with other involved officers or SSUPD members pending

further direction from a supervisor.

(b) If an involved officer’s weapon is taken or left at the scene for other than officer-

safety reasons (e.g., evidence), as soon as practicable, ensure that he/she

is provided with a comparable replacement weapon or transported by other

officers.

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 the Chief of Police or a

Lieutenant.

All outside inquiries about the incident shall be directed to the Watch Commander.

305.5.4 NOTIFICATIONS

The following person(s) shall be notified as soon as practicable:

•

Chief of Police

•

Investigation Lieutenant

•

Officer Involved Shooting Protocol rollout team

•

Outside agency investigator (if appropriate)

•

Civil liability response team

•

Psychological/peer support personnel

•

Chaplain

•

Coroner (if necessary)

•

Involved officer's agency representative (SUPA)

•

Public Information Officer

305.5.5 INVOLVED OFFICERS

The following shall be considered for the involved officer:

(a) Any request for legal or union representation will be accommodated.

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1. Involved SSUPD officers 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.

2. Requests from involved non-SSUPD officers 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 Department to each involved

SSUPD officer. A licensed psychotherapist may also be provided to any other affected

SSUPD members, upon request.

1. Interviews with a licensed psychotherapist will be considered privileged.

2. 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.

3. A separate fitness-for-duty exam may also be required (see the Fitness for Duty

Policy).

(e) Peer counselors are cautioned against discussing the facts of any incident with an

involved or witness officer (Government Code § 8669.4).

Care should be taken to preserve the integrity of any physical evidence present on the involved

officer's equipment or clothing, such as blood or fingerprints, until investigators or lab personnel

can properly retrieve it.

Each involved SSUPD officer shall be given reasonable paid administrative leave following an

officer-involved shooting or death. It shall be the responsibility of the Watch Commander to make

schedule adjustments to accommodate such leave.

305.6 CRIMINAL INVESTIGATION

The District Attorney's Office is responsible for the criminal investigation into the circumstances

of any officer-involved shooting or death.

If available, investigative personnel from this department may be assigned to partner with

investigators from outside agencies or the District Attorney's Office to avoid duplicating efforts in

related criminal investigations.

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) SSUPD supervisors and Chief of Police or designee personnel should not participate

directly in any voluntary interview of SSUPD officers. This will not prohibit such

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personnel from monitoring interviews or providing the criminal investigators with topics

for inquiry.

(b) If requested, any involved officer 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 order to maintain the integrity

of each involved officer’s statement, involved officers shall not consult or meet with a

representative or an attorney collectively or in groups prior to being interviewed.

(c) If any involved officer 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 officer to schedule an alternate

time for the interview.

(d) Any voluntary statement provided by an involved officer will be made available for

inclusion in any related investigation, including administrative investigations. However,

no administratively coerced statement will be provided to any criminal investigators

unless the officer consents.

305.6.1 REPORTS BY INVOLVED SSUPD OFFICERS

In the event that suspects remain outstanding or subject to prosecution for related offenses,

this department shall retain the authority to require involved SSUPD officers to provide sufficient

information for related criminal reports to facilitate the apprehension and prosecution of those

individuals (Government Code § 3304(a)).

While the involved SSUPD officer may write the report, it is generally recommended that such

reports be completed by assigned investigators, who should interview all involved officers as

victims/witnesses. Since the purpose of these reports will be to facilitate criminal prosecution,

statements of involved officers should focus on evidence to establish the elements of criminal

activities by suspects. Care should be taken not to duplicate information provided by involved

officers in other reports.

Nothing in this section shall be construed to deprive an involved SSUPD officer 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.

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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, officers 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 Department.

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 Investigations Unit supervisor to assign appropriate investigative personnel to handle

the investigation of related crimes. Department 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 department reports, except administrative and/or privileged reports, will be forwarded to

the designated Investigations 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 Lieutenant.

305.7 ADMINISTRATIVE INVESTIGATION

In addition to all other investigations associated with an officer-involved shooting or death, this

department will conduct an internal administrative investigation of SSUPD officers to determine

conformance with department policy. The investigation will be conducted under the supervision

of the Chief of Police or designee and will be considered a confidential officer personnel file.

Interviews of members shall be subject to department policies and applicable laws (see the

Personnel Complaints Policy).

(a) Any officer involved in a shooting or death may be requested or administratively

compelled to provide a blood sample for alcohol/drug screening. Absent consent from

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the officer, such compelled samples and the results of any such testing shall not be

disclosed to any criminal investigative agency.

(b) If any officer 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 officer.

1. If a further interview of the officer 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

officer shall be provided with a copy of his/her prior statement before proceeding

with any subsequent interviews.

(c) In the event that an involved officer 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 officer’s physical and psychological needs have been

addressed before commencing the interview.

2. If requested, the officer 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 officer's statement, involved officers shall not

consult or meet with a representative or attorney collectively or in groups prior

to being interviewed (Government Code § 3303(i)).

3. Administrative interviews should be recorded by the investigator. The officer may

also record the interview (Government Code § 3303(g)).

4. The officer shall be informed of the nature of the investigation. The officer should

be given both the Miranda Advisement and the Lybarger or Garrity rights and

ordered to provide full and truthful answers to all questions. The officer shall

be informed that the interview will be for administrative purposes only and that

the statement cannot be used criminally. This does not apply to public safety

statements in accordance with 305.5.2.

5. The Chief of Police or designee shall compile all relevant information and reports

necessary for the Department 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 Use of Force 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 department may be assigned to work exclusively under the direction of the

legal counsel for the Department to assist in the preparation of materials deemed necessary in

anticipation of potential civil litigation.

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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.

305.9 AUDIO AND VIDEO RECORDINGS

Any officer 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.

Officers shall have the right to review their recordings and use the recordings as a resource for

preparing to write police reports, to participate in an internal affairs interview and/or to provide a

statement regarding a critical incident. This does not apply to a public safety statement regarding

a critical incident. Officers should not use the fact that a recording was made as a reason to write

a less detailed report.

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

CSU Legal Counsel’s Office, as appropriate.

305.10 DEBRIEFING

Following an officer-involved shooting or death, the Sonoma State University Police Department

may 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. The Administration

Lieutenant 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.

Attendance at the debriefing shall only include those members of the Department directly

involved in the incident, which can include support personnel (e.g., dispatchers, other professional

staff personnel). Personnel involved in the incident are not required to attend. Statements made

by involved personnel may be used in an investigation. 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 Department, including supervisory and

Chief of Police or designee personnel.

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305.10.2 TACTICAL DEBRIEFING

A tactical debriefing may take place to identify any training or areas of policy that need

improvement for public safety purposes. The Chief of Police 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. Involved officers will

be advised that any statement is voluntary and may be discoverable.

305.11 MEDIA RELATIONS

Any media release shall be prepared with input and concurrence from the supervisor

and department representative responsible for each phase of the investigation. Releases will be

available to the Watch Commander, Investigation Lieutenant and Public Information Officer in the

event of inquiries from the media.

The Department shall not subject any involved SSUPD officer to visits by the media (Government

Code § 3303(e)). No involved SSUPD officer shall make any comment to the media unless he/

she is authorized by the Chief of Police or a Lieutenant. Department members receiving inquiries

regarding officer-involved shootings or deaths occurring in other jurisdictions shall refrain from

public comment and will direct those inquiries to the agency having jurisdiction and primary

responsibility for the investigation.

305.12 REPORTING

If the death of an individual occurs in the Sonoma State University Police Department jurisdiction

and qualifies to be reported to the state as a justifiable homicide or an in-custody death, the Patrol

Lieutenant will ensure that the Lieutenant is provided with enough information to meet the

reporting requirements (Penal Code § 196; Penal Code § 13022; Government Code § 12525).

Policy

306

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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 Sonoma State University Police Department will equip its members with firearms to address

the risks posed to the public and department members by violent and sometimes well-armed

persons. The Department will ensure firearms are appropriate and 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 Department 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

department range.

All other weapons not provided by the Department, 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 department policy, may not be carried by members

in the performance of their official duties without the express written authorization of the

member’s Lieutenant. 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 department-issued handgun is the Glock Model 19 9mm.

306.3.2 SHOTGUNS

The authorized department-issued shotgun is the Remington 870 12 guage.

When not deployed, the shotgun shall be properly secured consistent with department training in

a locking weapons rack in the patrol vehicle.

306.3.3 PATROL RIFLES

The authorized department-issued patrol rifle is the Smith and Wesson M and P 15.

Members may deploy the patrol rifle in any circumstance where the member can articulate a

reasonable expectation that the rifle may be needed. Examples of some general guidelines for

deploying the patrol rifle may include but are not limited to:

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(a) Situations where the member reasonably anticipates an armed encounter.

(b) When a member is faced with a situation that may require accurate and effective fire

at long range.

(c) Situations where a member reasonably expects the need to meet or exceed a

suspect's firepower.

(d) When a member reasonably believes that there may be a need to fire on a barricaded

person or a person with a hostage.

(e) When a member reasonably believes that a suspect may be wearing body armor.

(f) When authorized or requested by a supervisor.

(g) When needed to euthanize an animal.

When not deployed, the patrol rifle shall be properly secured consistent with department training

in a locking weapons rack in the patrol vehicle.

306.3.4 PERSONALLY OWNED DUTY FIREARMS

Members desiring to carry an authorized but personally owned duty firearm must receive written

approval from the Chief of Police or the authorized designee. Once approved, personally owned

duty firearms are subject to the following restrictions:

(a) The firearm shall be in good working order and on the department list of approved

firearms.

(b) The firearm shall be inspected by the Rangemaster prior to being carried and

thereafter shall be subject to inspection whenever it is deemed necessary.

(c) Prior to carrying the firearm, members shall qualify under range supervision and

thereafter shall qualify in accordance with the department qualification schedule.

Members must demonstrate proficiency and safe handling, and that the firearm

functions properly.

(d) Members shall provide written notice of the make, model, color, serial number and

caliber of the firearm to the Rangemaster, who will maintain a list of the information.

306.3.5 AUTHORIZED SECONDARY HANDGUN

Members desiring to carry a personally owned secondary firearm must receive written approval

from the Chief of Police or authorized designee. Once approved, personally owned duty firearms

are subject to the following restrictions:

(a) The handgun shall be in good working order and on the department list of approved

firearms.

(b) Only one secondary handgun may be carried at a time.

(c) The purchase of the handgun and ammunition shall be the responsibility of the

member unless the handgun and ammunition are provided by the Department.

(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.

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(e) The handgun shall be inspected by the Rangemaster prior to being carried and

thereafter shall be subject to inspection whenever it is deemed necessary.

(f) Ammunition shall be the same as department issue. If the caliber of the handgun

is other than department issue, the Chief of Police or the authorized designee shall

approve the ammunition.

(g) Prior to carrying the secondary handgun, members shall qualify under range

supervision and thereafter shall qualify in accordance with the department qualification

schedule. Members must demonstrate proficiency and safe handling, and that the

handgun functions properly.

(h) Members shall provide written notice of the make, model, color, serial number and

caliber of a secondary handgun to the Rangemaster, who will maintain a list of the

information.

306.3.6 AUTHORIZED OFF-DUTY FIREARMS

The carrying of firearms by members while off-duty is permitted by the Chief of Police 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 shall 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 the Rangemaster

for inspection prior to being personally carried. Thereafter the firearm shall be subject

to periodic inspection by the Rangemaster.

(d) Prior to carrying any off-duty firearm, the member shall demonstrate to the

Rangemaster 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 Rangemaster, 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 department-authorized ammunition.

(i) When armed, officers shall carry their Sonoma State University Police Department

identification cards under circumstances requiring possession of such identification.

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306.3.7 AMMUNITION

Members shall carry only department-authorized ammunition. Members shall be issued fresh

duty ammunition in the specified quantity for all department-issued firearms during the member’s

firearms qualification. Replacements for unserviceable or depleted ammunition issued by the

Department shall be dispensed by the Rangemaster when needed, in accordance with established

policy.

Members carrying personally owned authorized firearms of a caliber differing from department-

issued firearms shall be responsible for obtaining fresh duty ammunition in accordance with the

above, at their own expense.

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 Rangemaster.

Firearms that are the property of the Department or personally owned firearms that are approved

for department use may be repaired or modified only by a person who is department-approved

and certified as an armorer or gunsmith in the repair of the specific firearm. Such modification or

repair must be authorized in advance by the Rangemaster.

Any repairs or modifications to the member’s personally owned firearm shall be done at his/her

expense and must be approved by the Rangemaster.

306.4.2 HOLSTERS

Only department-approved holsters shall be used and worn by members. Members shall

periodically inspect their holsters to make sure they are serviceable and provide the proper security

and retention of the handgun.

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 the Rangemaster. 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 the Rangemaster. Any approved sight shall only be installed

in strict accordance with manufacturer specifications. Once approved sights have been properly

installed on any firearm, the member shall qualify with the firearm to ensure proper functionality

and sighting of the firearm prior to carrying it.

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Except in an approved training situation, a member may only sight in on a target when the member

would otherwise be justified in pointing a firearm at the target.

306.5 SAFE HANDLING, INSPECTION AND STORAGE

Members shall maintain the highest level of safety when handling firearms and shall consider the

following:

(a) Members shall not unnecessarily display or handle any firearm.

(b) Members shall be governed by all rules and regulations pertaining to the use of the

range and shall obey all orders issued by the Rangemaster. Members shall not dry

fire or practice quick draws while at the range or department 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 Department,

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 department 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 Department 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 Department or a

Rangemaster approved by the Department 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 shall 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.

Personally owned firearms may be safely stored in lockers at the end of the shift. Department-

owned firearms shall be stored in the appropriate equipment storage room. Handguns may remain

loaded if they are secured in an appropriate holster. Shotguns and rifles shall be unloaded in a

safe manner outside the building and then stored in the appropriate equipment storage room.

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306.5.2 STORAGE AT HOME

Members shall ensure that all department owned and issued firearms and ammunition are

locked and secured when not under the direct control of the member. Members shall not permit

department-issued firearms to be handled by anyone not authorized by the Department to do so.

Members should be aware that negligent storage of a firearm could result in civil and criminal

liability (Penal Code § 25100).

Personally owned firearms must be stored in compliance with Penal Code § 25100.

306.5.3 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).

Officers are exempt from these requirements during circumstances requiring immediate aid or

action in the course of official duties (Penal Code § 25140).

306.5.4 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.

306.6 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

annually. 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

Those who fail to meet minimum standards or qualify on their first shooting attempt for any reason,

including injury, illness, duty status, or scheduling conflict 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.

(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:

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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

Lieutenant or provide a recorded statement to investigators as soon as practicable.

Any request for legal or union representation shall be accommodated.

(b) If off-duty at the time of the incident, the member shall file a written report or

provide a recorded statement as soon as practicable. Any request for legal or union

representation shall be accommodated.

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, department members should develop reasonable contingency plans for dealing

with the animal (e.g., fire extinguisher, TASER® 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

With the approval of a supervisor, 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.

Stray or abandoned injured animals that may be moved or taken to an available veterinarian should

not be euthanized. With supervisor approval, abandoned injured animals (with the exception

of dogs and cats) may only be euthanized after a reasonable search to locate the owner has

been made. Injured dogs and cats found without their owners shall be taken to an appropriate

veterinarian for determination of whether they should be treated or humanely destroyed (Penal

Code § 597.1).

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306.7.3 WARNING AND OTHER SHOTS

Generally, warning shots or shots fired for the 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 RANGEMASTER DUTIES

The range will be under the exclusive control of the Rangemaster. All members attending will

follow the directions of the Rangemaster. The Rangemaster will maintain a roster of all members

attending the range and will submit the roster to the Training Sergeant after each range date.

Failure of any member to sign in and out with the Rangemaster may result in non-qualification.

The range shall remain operational and accessible to department members during hours

established by the Department.

The Rangemaster has the responsibility of making periodic inspection, at least once a year, of all

duty firearms carried by members of this department to verify proper operation. The Rangemaster

has the authority to deem any department-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 Rangemaster.

The Rangemaster 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 Rangemaster shall complete and submit to the Training 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 Department, a list of each member who completes the training. The Rangemaster should

keep accurate records of all training shoots, qualifications, repairs, maintenance or other records

as directed by the Training Sergeant._

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 officers who

intend to be armed while flying on a commercial air carrier or flights where screening is conducted

(49 CFR 1544.219):

(a) Officers 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 Department based on the law and published TSA rules.

(b) Officers must carry their Sonoma State University Police Department identification

card, bearing the officer’s name, a full-face photograph, identification number, the

officer’s signature and the signature of the Chief of Police or the official seal of the

Department and must present this identification to airline officials when requested.

The officer should also carry the standard photo identification needed for passenger

screening by airline and TSA officials (e.g., driver license, passport).

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(c) The Sonoma State University Police Department must submit a National Law

Enforcement Telecommunications System (NLETS) message prior to the officer’s

travel. If approved, TSA will send the Sonoma State University Police Department an

NLETS message containing a unique alphanumeric identifier. The officer 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 Chief of Police authorizing armed travel may also

accompany the officer. The letter should outline the officer’s need to fly armed, detail

his/her itinerary, and include that the officer has completed the mandatory TSA training

for a law enforcement officer flying while armed.

(e) Officers must have completed the mandated TSA security training covering

officers flying while armed. The training shall be given by the department-appointed

instructor.

(f) It is the officer’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 officer 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 officer 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) Officers 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.

(j) Officers 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 officers of this department are authorized to carry a concealed firearm

in all other states subject to the following conditions (18 USC § 926B):

(a) The officer shall carry his/her Sonoma State University Police Department

identification card whenever carrying such firearm.

(b) The officer is not the subject of any current disciplinary action.

(c) The officer may not be under the influence of alcohol or any other intoxicating or

hallucinatory drug.

(d) The officer will remain subject to this and all other department policies (including

qualifying and training).

Officers 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,

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installation, building, base or park. Federal authority may not shield an officer 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.

Policy

307

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Vehicle Pursuits

307.1 PURPOSE AND SCOPE

This policy provides guidelines for vehicle pursuits in order to protect the safety of involved officers,

the public, and fleeing suspects.

307.1.1 DEFINITIONS

Blocking - A low-speed tactic where one or more authorized police department emergency

vehicles intentionally restrict the movement of a suspect vehicle, with the goal of containment or

preventing a pursuit. Blocking is not boxing in or a roadblock.

Boxing-in - A tactic designed to stop a suspect’s moving vehicle by surrounding it with law

enforcement vehicles and then slowing all vehicles to a stop.

Pursuit Intervention - An attempt to stop the suspect’s ability to continue to flee in a

vehicle through tactical application of technology, tire deflation devices, blocking or vehicle

intercept, boxing-in, the PIT (known as Pursuit Intervention Technique or Precision Immobilization

Technique), ramming, or roadblock procedures.

Pursuit Intervention Technique (PIT) - A low-speed tactic intentionally applied to cause the

suspect vehicle to spin out and terminate the pursuit.

Ramming - The deliberate act of impacting a suspect’s vehicle with another vehicle to functionally

damage or otherwise force the suspect’s vehicle to stop.

Roadblocks - A tactic designed to stop a suspect’s vehicle by intentionally placing an emergency

vehicle or other immovable object in the path of the suspect’s vehicle.

Tire deflation device - A device that extends across the roadway designed to puncture the tires

of the pursued vehicle, sometimes referred to as spike strips.

Terminate - To discontinue a pursuit or stop chasing fleeing vehicles.

Trail - Following 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 vehicle

will maintain sufficient distance from the pursuit vehicles so as to clearly indicate an absence of

participation in the pursuit

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 an officer’s signal to stop.

307.2 POLICY

It is the policy of this department to balance the importance of apprehending suspects who

unlawfully flee from law enforcement against the risks associated with vehicle pursuits.

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307.3 OFFICER RESPONSIBILITIES

Vehicle pursuits shall only be conducted using authorized police department emergency vehicles

that are equipped with and displaying emergency lighting and sirens as required by Vehicle Code

§ 21055. Officers are responsible for continuously driving with due regard and caution for the

safety of all persons and property (Vehicle Code § 21056).

307.3.1 WHEN TO INITIATE A PURSUIT

Officers are authorized to initiate a pursuit when the officer reasonably believes that a suspect,

who has been given appropriate signal to stop by a law enforcement officer, is attempting to evade

arrest or detention by fleeing in a vehicle.

Factors that should be considered in deciding whether to initiate a pursuit include:

(a) The 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

officers, innocent motorists, and others.

(c) The 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 (e.g., school zones), and the speed

of the pursuit relative to these factors.

(d) The pursuing officers' 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 officers under the conditions of the pursuit.

(e) Whether weather, traffic, and road conditions unreasonably increase the danger of the

pursuit when weighed against the risk of the suspect's escape.

(f) Whether the identity of the suspect has been verified and whether there is

comparatively minimal risk in allowing the suspect to be apprehended at a later time.

(g) The performance capabilities of the vehicles used in the pursuit in relation to the

speeds and other conditions of the pursuit.

(h) Emergency lighting and siren limitations on unmarked police department vehicles

that may reduce visibility of the vehicle, such as visor or dash-mounted lights,

concealable or temporary emergency lighting equipment, and concealed or obstructed

siren positioning.

(i) Suspect and officer vehicle speeds.

(j) Other persons in or on the pursued vehicle (e.g., passengers, co-offenders, hostages).

(k) Availability of other resources such as air support or vehicle locator or deactivation

technology.

307.3.2 WHEN TO TERMINATE A PURSUIT

Pursuits should be terminated whenever the totality of objective circumstances known or which

reasonably ought to be known to the officer or supervisor during the pursuit indicates that the

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present risks of continuing the pursuit reasonably appear to outweigh the risks resulting from the

suspect’s escape.

The factors listed in this policy on when to initiate a pursuit will apply equally to the decision

to terminate a pursuit. Officers and supervisors must objectively and continuously weigh the

seriousness of the offense against the potential danger to innocent motorists, themselves, and

the public when electing to continue a pursuit.

In addition to the factors that govern when to initiate a pursuit, other factors should be considered

in deciding whether to terminate a pursuit, including:

(a) The distance between the pursuing vehicle 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) The pursued vehicle’s location is no longer definitely known.

(c) The pursuing vehicle sustains damage or a mechanical failure that renders it unsafe

to drive.

(d) The pursuing vehicle’s emergency lighting equipment or siren becomes partially or

completely inoperable.

(e) Hazards to uninvolved bystanders or motorists.

(f) The danger that the continued pursuit poses to the public, the officers, or the suspect,

balanced against the risk of allowing the suspect to remain at large.

(g) The identity of the suspect is known and it does not reasonably appear that the need

for immediate capture outweighs the risks associated with continuing the pursuit.

(h) Extended pursuits of violators for misdemeanors not involving violence, risk of serious

harm, or weapons (independent of the pursuit) are generally discouraged.

307.3.3 SPEED LIMITS

The speed of a pursuit is a factor that should be evaluated on a continuing basis by the officer

and supervisor. Evaluation of vehicle speeds should take into consideration public safety, officer

safety, and the safety of the occupants of the fleeing vehicle.

Should high vehicle speeds be reached during a pursuit, officers and supervisors should 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 officer.

(c) Pursuit speeds are beyond the capabilities of the pursuit vehicle thus making its

operation unsafe.

307.4 PURSUIT UNITS

When involved in a pursuit, unmarked police department emergency vehicles should be replaced

by marked emergency vehicles whenever practicable

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Vehicle pursuits should be limited to three vehicles (two units and a supervisor); however, the

number of units involved may vary with the circumstances.

An officer or supervisor may request additional units to join a pursuit if, after assessing the factors

outlined above, it reasonably appears that the number of officers involved may be insufficient to

safely arrest the suspects. All other officers should stay out of the pursuit, but should remain alert

to its progress and location. Any officer 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.

307.4.1 MOTORCYCLE OFFICERS

When involved in a pursuit, police department motorcycles should be replaced by marked four-

wheel emergency vehicles as soon as practicable.

307.4.1 UNITS NOT INVOLVED IN THE PURSUIT

There should be no paralleling of the pursuit route. Officers are authorized to use emergency

equipment at intersections along the pursuit path to clear intersections of vehicular and pedestrian

traffic to protect the public. Officers should remain in their assigned area and should not become

involved with the pursuit unless directed otherwise by a supervisor.

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.

307.4.2 VEHICLES WITHOUT EMERGENCY EQUIPMENT

Officers operating vehicles not equipped with red light and siren are prohibited from initiating or

joining in any pursuit.

307.4.3 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 the officer is unable to remain reasonably close to the suspect’s

vehicle. The primary responsibility of the officer initiating the pursuit is the apprehension of the

suspects without unreasonable danger to any person.

The primary unit should notify the dispatcher commencing with a request for priority radio traffic,

that a vehicle pursuit has been initiated, and as soon as practicable provide information including

but not limited to:

(a) The location, direction of travel, and estimated speed of the suspect's vehicle.

(b) The description of the suspect's vehicle including license plate number, if known.

(c) The reason for the pursuit.

(d) Known or suspected weapons. Threat of force, violence, injuries, hostages, or other

unusual hazards.

(e) The suspected number of occupants and identity or description.

(f) The weather, road, and traffic conditions.

(g) The need for any additional resources or equipment.

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(h) The identity of other law enforcement agencies involved in the pursuit.

Until relieved by a supervisor or secondary unit, the officer in the primary unit is responsible

for the broadcasting of the progress of the pursuit. Unless circumstances reasonably indicate

otherwise, the primary pursuing officer should, as soon as practicable, relinquish the responsibility

of broadcasting the progress of the pursuit to a secondary unit or air support joining the pursuit

to minimize distractions and allow the primary pursuing officer to concentrate foremost on safe

pursuit tactics.

307.4.4 SECONDARY UNIT RESPONSIBILITIES

The second officer in the pursuit will be designated as the secondary unit and is responsible for:

(a) Immediately upon a break in radio transmissions notifying the dispatcher of entry into

the pursuit.

(b) Remaining a safe distance behind the primary unit unless directed to assume the role

of primary pursuit vehicle or if the primary pursuit vehicle is unable to continue the

pursuit.

(c) Broadcasting the progress, updating known or critical information, and providing

changes in the pursuit, unless the situation indicates otherwise.

(d) Identifying the need for additional resources or equipment as appropriate.

(e) Serving as backup to the primary pursuing officer once the suspect has been stopped.

307.4.5 PURSUIT DRIVING

The decision to use specific driving tactics requires the same assessment of the factors the officer

considered when determining whether to initiate and/or terminate a pursuit. The following are

tactics for units involved in the pursuit:

(a) Officers, 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 regard and caution when proceeding through

controlled intersections.

(c) As a general rule, officers should not pursue a vehicle driving left of center (wrong

way) against traffic. In the event that the pursued vehicle does so, the following tactics

should be considered:

1. Requesting assistance from available air support.

2. Maintain visual contact with the pursued vehicle by paralleling it on the correct

side of the roadway.

3. Request other units to observe exits available to the suspects.

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(d) Notify the California Highway Patrol (CHP) and/or other law enforcement agency if it

appears that the pursuit may enter its jurisdiction.

(e) Officers 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 and with a clear

understanding of the maneuver process between the involved units.

307.4.6 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 information and assistance for the arrest of the suspects and

reporting the incident.

307.4.6 AIR SUPPORT ASSISTANCE

When available, air support assistance should be requested. Once the air unit has established

visual contact with the pursued vehicle, the unit should assume control over the pursuit. The

primary and secondary ground units, or involved supervisor, will maintain operational control but

should consider whether the participation of air support warrants the continued close proximity

and/or involvement of ground units in the pursuit.

The air unit should coordinate the activities of resources on the ground, report progress of the

pursuit and provide officers and supervisors with details of upcoming traffic congestion, road

hazards, or other pertinent information to evaluate whether to continue the pursuit. If ground units

are not within visual contact of the pursued vehicle and the air support unit determines that it is

unsafe to continue the pursuit, the air support unit should recommend terminating the pursuit.

307.5 SUPERVISORY CONTROL AND RESPONSIBILITIES

Available supervisory and management control will be exercised over all vehicle pursuits involving

officers from this department.

The field supervisor of the officer initiating the pursuit, or if unavailable, the nearest field supervisor

will be responsible for:

(a) Immediately notifying involved unit and the dispatcher of supervisory presence and

ascertaining all reasonably available information to continuously assess the situation

and risk factors associated with the pursuit.

(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 required number of units are involved in the pursuit

under the guidelines set forth in this policy.

(e) Directing that the pursuit be terminated if, in the supervisor's judgment, it is

unreasonable to continue the pursuit under the guidelines of this policy.

(f) Ensuring that assistance from air support, canines, or additional resources is

requested, if available and appropriate.

(g) Ensuring that the proper radio channel is being used.

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(h) Ensuring that the Watch Commander is notified of the pursuit as soon as practicable.

(i) Ensuring the notification and/or coordination of outside agencies if the pursuit either

leaves or is likely to leave the jurisdiction of this department.

(j) Controlling and managing Sonoma State University Police Department units when a

pursuit enters another jurisdiction.

(k) Preparing a post-pursuit review and documentation of the pursuit.

1. Supervisors should initiate follow up or additional review when appropriate.

307.5.1 WATCH COMMANDER RESPONSIBILITIES

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. Once notified, 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 Lieutenant.

307.6 DISPATCH

If the pursuit is confined within the State limits, radio communications will be conducted on the

primary channel unless instructed otherwise by a supervisor or dispatcher. If the pursuit leaves

the jurisdiction of this department or such is imminent, involved units should, whenever available,

switch radio communications to a tactical or emergency channel most accessible by participating

agencies and units.

307.6.1 DISPATCH RESPONSIBILITIES

Upon notification or becoming aware that a pursuit has been initiated, the dispatcher is responsible

for:

(a) Clearing the radio channel of non-emergency traffic.

(b) Coordinating pursuit communications of the involved units and personnel.

(c) Broadcasting pursuit updates as well as other pertinent information as necessary.

(d) Ensuring that a field supervisor is notified of the pursuit.

(e) Notifying and coordinating with other involved or affected agencies as practicable.

(f) Notify the Watch Commander as soon as practicable.

(g) Assigning an incident number and logging all pursuit activities.

307.6.2 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 or supervisor will be responsible for coordinating

any further search for either the pursued vehicle or suspects fleeing on foot.

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307.7 INTER-JURISDICTIONAL CONSIDERATIONS

When a pursuit enters another agency's jurisdiction, the primary officer 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 officer 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.

307.7.1 ASSUMPTION OF PURSUIT BY ANOTHER AGENCY

Officers will relinquish control of the pursuit when another agency has assumed the pursuit, unless

the continued assistance of the Sonoma State University Police Department is requested by

the agency assuming the pursuit. Upon relinquishing control of the pursuit, the involved officers

may proceed, with supervisory approval, to the termination point of the pursuit to assist in the

investigation. The supervisor should coordinate such assistance with the assuming agency and

obtain any information that is necessary for any reports. 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.

307.7.2 PURSUITS EXTENDING INTO THIS JURISDICTION

The agency that initiates a pursuit is responsible for conducting the pursuit. Units from this

department should not join a pursuit unless specifically requested to do so by the pursuing

agency and with approval from a supervisor. The exception to this is when a single unit from the

initiating agency is in pursuit. Under this circumstance, a supervisor may authorize units from this

department to join the pursuit until sufficient units from the initiating agency join the pursuit or until

additional information is provided allowing withdrawal of the pursuit.

When a request is made for this department to assist or take over a pursuit that has entered the

jurisdiction of Sonoma State University Police Department, the supervisor should consider:

(a) The public's safety within this jurisdiction.

(b) The safety of the pursuing officers.

(c) Whether the circumstances are serious enough to continue the pursuit.

(d) Whether there is adequate staffing to continue the pursuit.

(e) The ability to maintain the pursuit.

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 considering the

above factors, may decline to assist in, or assume the other agency’s pursuit.

Assistance to a pursuing allied agency by officers of this department will terminate at the State

limits provided that the pursuing officers have sufficient assistance from other sources. Ongoing

participation from this department may continue only until sufficient assistance is present.

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In the event that a pursuit from another agency terminates within this jurisdiction, officers should

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 reasonable

assistance requested or needed.

307.8 WHEN PURSUIT INTERVENTION IS AUTHORIZED

Whenever practicable, an officer shall seek approval from a supervisor before employing any

intervention to stop the pursued vehicle. In deciding whether to use intervention tactics, officers/

supervisors should balance the risks of allowing the pursuit to continue with the potential hazards

to the public arising from the use of each tactic, the officers, and persons in or on the pursued

vehicle to determine which, if any, intervention tactic may be reasonable.

307.8.1 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. Officers shall use only that amount of force,

which reasonably appears necessary under the circumstances, to accomplish a legitimate law

enforcement purpose.

Unless relieved by a supervisor, the primary pursuing officer should coordinate efforts to

apprehend the suspects following the pursuit. Officers should consider safety of the public and the

involved officers when formulating plans for setting up perimeters or for containing and capturing

the suspects.

307.8.1 USE OF FIREARMS

An officer should only discharge a firearm at a moving vehicle or its occupants when the officer

reasonably believes there are no other reasonable means available to avert the threat of the

vehicle, or if deadly force other than the vehicle is directed at the officer or others.

Officers should not shoot at any part of a vehicle in an attempt to disable the vehicle (see the

Use of Force Policy).

307.8.1 INTERVENTION STANDARDS

Any intervention tactic, depending upon the conditions and circumstances under which it is used,

may present dangers to the officers, the public, or anyone in or on the vehicle being pursued.

Certain applications of intervention tactics may be construed to be a use of force, including deadly

force, and subject to the policies guiding such use. Officers should consider these facts and

requirements prior to deciding how, when, where, and if an intervention tactic should be employed.

(a) Blocking should only be used after giving consideration to the following:

1. The technique should only be used by officers who have received current POST

approved training in the technique.

2. The need to immediately stop the suspect vehicle or prevent it from leaving

reasonably appears to outweigh the risks of injury or death to occupants of the

suspect vehicle, officers, or other members of the public.

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3. It reasonably appears the technique will contain or prevent the pursuit.

(b) The PIT should only be used after giving consideration to the following:

1. The technique should only be used by officers who have received current POST

approved training in the technique, including speed restrictions.

2. Supervisory approval should be obtained before using the technique.

3. The need to immediately stop the suspect vehicle reasonably appears to

outweigh the risks of injury or death to occupants of the suspect vehicle, officers,

or other members of the public.

4. It reasonably appears the technique will terminate or prevent the pursuit.

(c) Ramming a fleeing vehicle should only be done after giving consideration to the

following:

1. Supervisory approval should be obtained before using the technique.

2. The need to immediately stop the suspect vehicle reasonably appears to

substantially outweigh the risks of injury or death to occupants of the suspect

vehicle, officers, or other members of the public.

3. It reasonably appears the technique will terminate or prevent the pursuit.

4. Ramming may be used only under circumstances when deadly force would be

authorized.

5. Ramming may be used when all other reasonable alternatives have been

exhausted or reasonably appear ineffective.

(d) Before attempting to box a suspect vehicle during a pursuit the following should be

considered:

1. The technique should only be used by officers who have received current POST

approved training in the technique.

2. Supervisory approval should be obtained before using the technique.

3. The need to immediately stop the suspect vehicle reasonably appears to

outweigh the risks of injury or death to occupants of the suspect vehicle, officers,

or other members of the public.

4. It reasonably appears the technique will terminate or prevent the pursuit.

(e) Tire deflation devices should only be used after considering the following:

1. Tire deflation devices should only be used by officers who have received training

in their use.

2. Supervisory approval should be obtained before using tire deflation devices.

3. The need to immediately stop the suspect vehicle reasonably appears to

outweigh the risks of injury or death to occupants of the suspect vehicle, officers,

or other members of the public.

4. It reasonably appears the use will terminate or prevent the pursuit.

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5. Tire deflation devices should not be used when the pursued vehicle is

a motorcycle, a vehicle transporting hazardous materials, or a school bus

transporting children, except in extraordinary circumstances.

6. Due to the increased risk to officers deploying tire deflation devices, such

deployment should be communicated to all involved personnel.

(f) Roadblocks should only be used after considering the following:

1. Roadblocks should only be used by officers who have received current POST

approved training in their use.

2. Supervisory approval should be obtained before using the technique.

3. The need to immediately stop the suspect vehicle reasonably appears to

substantially outweigh the risks of injury or death to occupants of the suspect

vehicle, officers, or other members of the public.

4. It reasonably appears the technique will terminate or prevent the pursuit.

Roadblocks may be used only under circumstances when deadly force would

be authorized.

5. Roadblocks may be used when all other reasonable alternatives have been

exhausted or reasonably appear ineffective.

307.9 REPORTING REQUIREMENTS

All appropriate reports should be completed to comply with applicable laws, policies, and

procedures.

(a) The primary officer 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 officer 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, the involved, or if unavailable on-

duty, field supervisor shall promptly complete a Supervisor's Log or interoffice

memorandum, briefly summarizing the pursuit to the Chief of Police or the authorized

designee. This log or memorandum should include, at a minimum:

1. Date and time of pursuit.

2. Initial reason and circumstances surrounding the pursuit.

3. Length of pursuit in distance and time, including the starting and termination

points.

4. Involved units and officers.

5. Alleged offenses.

6. Whether a suspect was apprehended, as well as the means and methods used.

7. Any use of force that occurred during the vehicle pursuit.

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(a) Any use of force by a member should be documented in the appropriate

report (See the Use of Force Policy).

8. Any injuries and/or medical treatment.

9. Any property or equipment damage.

10. Name of supervisor at scene or who handled the incident.

(d) After receiving copies of reports, logs, and other pertinent information, the Chief of

Police or the authorized designee should conduct or assign the completion of a post-

pursuit review.

Annually, the Chief of Police should direct a documented review and analysis of department

vehicle pursuit reports to minimally include policy suitability, policy compliance, and training or

equipment needs.

307.9.1 REGULAR AND PERIODIC PURSUIT TRAINING

The Training Sergeant shall make available to all officers initial and supplementary Police Officer

Standard Training (POST) training on pursuits required by Penal Code § 13519.8, and no less

than annual training addressing:

(a) This policy.

(b) The importance of vehicle safety and protecting the public.

(c) The need to balance the known offense and the need for immediate capture against

the risks to officers and others (Vehicle Code § 17004.7(d)).

307.9.2 POLICY REVIEW

Officers of this department shall certify in writing that they have received, read, and understand

this policy initially, upon any amendments, and whenever training on this policy is provided. 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.

307.10 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.

Policy

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Officer 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

Officers dispatched "Code-3" shall consider the call an emergency response and proceed

immediately. Officers 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 officer 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.

Officers should only respond Code-3 when so dispatched or when circumstances reasonably

indicate an emergency response is required. Officers 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 officers, or

assistance is needed to prevent imminent serious harm to a citizen. In any event, where a situation

has stabilized and emergency response is not required, the requesting officer shall immediately

notify Dispatch.

If circumstances permit, the requesting officer should give the following information:

• The unit number

• The location

• The reason for the request and type of emergency

• The number of units required

308.3.1 NUMBER OF UNITS ASSIGNED

Normally, only one unit should respond to an emergency call Code-3 unless the Watch

Commander or the field supervisor authorizes an additional unit(s).

308.4 INITIATING CODE 3 RESPONSE

If an officer believes a Code-3 response to any call is appropriate, the officer shall immediately

notify Dispatch. Generally, only one unit should respond Code-3 to any situation. Should another

officer believe a Code-3 response is appropriate, Dispatch shall be notified and the Watch

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Commander or field supervisor will make a determination as to whether one or more officers

driving Code-3 is appropriate.

308.5 RESPONSIBILITIES OF RESPONDING OFFICERS

Officers shall exercise sound judgment and care with due regard for life and property when

responding to an emergency call. Officers shall reduce speed at all street intersections to such a

degree that they shall have complete control of the vehicle.

The decision to continue a Code-3 response is at the discretion of the officer. If, in the officer's

judgment, the roadway conditions or traffic congestion does not permit such a response without

unreasonable risk, the officer 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 officer should immediately notify Dispatch. An

officer shall also discontinue the Code-3 response when directed by a supervisor.

Upon receiving authorization or determining a Code-3 response is appropriate, an officer shall

immediately give the location from which he/she is responding.

308.6 COMMUNICATIONS RESPONSIBILITIES

A dispatcher shall assign a Code-3 response when an officer requests emergency assistance or

available information reasonably indicates that the public is threatened with serious injury or death

and immediate police response is needed. In all other circumstances, the dispatcher shall obtain

authorization from the Watch Commander or a field supervisor 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 Watch Commander or field supervisor

308.7 SUPERVISORY RESPONSIBILITIES

Upon being notified that a Code-3 response has been initiated, the Watch Commander or the field

supervisor 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

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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.

When making the decision to authorize a Code-3 response, the Watch Commander or the field

supervisor 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 officer must terminate

the Code-3 response and respond accordingly. In all cases, the officer shall notify the Watch

Commander, field supervisor, or Dispatch of the equipment failure so that another unit may be

assigned to the emergency response.

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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 Sonoma State University Police Department 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 Section to function primarily

in assist or cover assignments. However, they may be assigned by the 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. If such assignment is necessary, it should only be made

with the approval of the Watch Commander.

309.4 CANINE COORDINATOR

The canine coordinator shall be appointed by and directly responsible to the Patrol Section or the

authorized designee.

The responsibilities of the coordinator include but are not limited to:

(a) Reviewing all canine use reports to ensure compliance with policy and to identify

training issues and other needs of the program.

(b) Maintaining a liaison with the vendor kennel.

(c) Maintaining a liaison with command staff and functional supervisors.

(d) Maintaining a liaison with other agency canine coordinators.

(e) Maintaining accurate records to document canine activities.

(f) Recommending and overseeing the procurement of equipment and services for the

teams of handlers and canines.

(g) Scheduling all canine-related activities.

(h) Ensuring the canine teams are scheduled for regular training to maximize their

capabilities.

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309.5 REQUESTS FOR CANINE TEAMS

Patrol Section members are encouraged to request the use of a canine. Requests for a canine

team from department units outside of the Patrol Section shall be reviewed by the 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) Calling out off-duty canine teams is discouraged.

(d) It shall be the responsibility of the canine handler to coordinate operations with agency

personnel in order to minimize the risk of unintended injury.

(e) It shall be the responsibility of the canine handler to complete all necessary reports

or as directed.

309.5.2 PUBLIC DEMONSTRATION

All public requests for a canine team shall be reviewed and, if appropriate, approved by the canine

coordinator 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. Canine handlers shall not demonstrate any apprehension work unless authorized to do

so by the canine coordinator.

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 committed, is committing, or is 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 officer, 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 officers 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.

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Absent a reasonable belief that a suspect has committed, is committing, or is threatening to commit

a serious offense, mere flight from a pursuing officer, without any of the above conditions, shall

not serve as the basis for the use of a canine to apprehend a suspect.

Use of a canine to locate and apprehend a suspect wanted for a lesser criminal offense than those

identified above requires approval from the Watch Commander. Absent a change in circumstances

that presents an imminent threat to officers, 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 officers or the public caused by the suspect if the canine

is not utilized.

(f) Any potential danger to the public and/or other officers 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.

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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

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

Handlers should document canine deployments in a canine use report. 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 the canine use 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 should also be

included in any related incident or arrest report.

Any unintended bite or injury caused by a canine, whether on- or off-duty, shall be promptly

reported to the canine coordinator. Unintended bites or injuries caused by a canine should be

documented in an administrative report, not in a canine use report.

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 department 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 officers, the

canine, or the public, such applications should be conducted on-leash or under

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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.

(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 officers 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.

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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) An officer who is currently off probation.

(b) Residing in an adequately fenced single-family residence (minimum 5-foot-high fence

with locking gates).

(c) A garage that can be secured and can accommodate a canine vehicle, if a canine

vehicle is taken home.

(d) Proximity to home campus shall be a factor when selecting a canine handler.

(e) 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 department equipment under his/her control in a clean

and serviceable condition.

(c) When not in service, the handler shall maintain the canine vehicle in a locked garage,

away from public view.

(d) When a handler is off-duty for an extended number of days, the assigned canine

vehicle should be stored at the Sonoma State University Police Department facility.

(e) Handlers shall permit the canine coordinator 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.

(f) 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 coordinator as soon as

possible.

(g) When off-duty, the canine shall be in a kennel provided by the State at the home of the

handler. When a canine is kenneled at the handler’s home, the 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.

(h) 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.

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(i) Under no circumstances will the canine be lodged at another location unless approved

by the canine coordinator or Watch Commander.

(j) 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 coordinator or Watch

Commander.

(k) 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 coordinator 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.

(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 coordinator or Watch 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. All

records of medical treatment shall be maintained in the handler’s personnel file.

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 coordinator shall be responsible for scheduling periodic training for all department

members in order to familiarize them with how to conduct themselves in the presence of

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department canines. Because canines may be exposed to dangerous substances such as opioids,

as resources are available, the canine coordinator should also schedule periodic training for the

canine handlers about the risks of exposure and treatment for it.

All canine training shall be conducted while on-duty unless otherwise approved by the canine

coordinator or Watch 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

Sonoma State University Police Department canine training provider.

(b) Canine handlers are encouraged to engage in additional training with approval of the

canine coordinator.

(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 the Department.

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.

Officers possessing, using or transporting controlled substances or explosives for canine training

purposes must comply with federal and state requirements. Alternatively, the Sonoma State

University Police Department may work with outside trainers with the applicable licenses or

permits.

309.12.5 CONTROLLED SUBSTANCE TRAINING AIDS

Officers 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 Chief of Police or the authorized designee may authorize a member to seek a court order

to allow controlled substances seized by the Sonoma State University Police Department to

be possessed by the member or a narcotics-detection canine trainer who is working under the

direction of this department for training purposes, provided the controlled substances are no longer

needed as criminal evidence.

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As an alternative, the Chief of Police 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 department.

(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.

(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 Section 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

Officers 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.

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(c) The canine coordinator shall be responsible for verifying the explosive training aids on

hand against the inventory ledger once each quarter.

(d) Only members of the canine team shall have access to the explosive training aids

storage facility.

(e) A primary and secondary custodian will be designated to minimize the possibility of

loss of explosive training aids during and after the training. Generally, the handler will

be designated as the primary custodian while the trainer or authorized second person

on-scene will be designated as the secondary custodian.

(f) Any lost or damaged explosive training aids shall be promptly reported to the canine

coordinator, who will determine if any further action will be necessary. Any loss

of explosives will be reported to the Bureau of Alcohol, Tobacco, Firearms and

Explosives (ATF).

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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 department to take

enforcement action when appropriate, to provide assistance to victims and to guide officers 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 Sonoma State University Police Department’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 department 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 officers in emotionally charged and

sometimes highly dangerous environments. No provision of this policy is intended to supersede

the responsibility of all officers to exercise due caution and reasonable care in providing for the

safety of any officers and parties involved.

310.4 INVESTIGATIONS

The following guidelines should be followed by officers 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, officers 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) Officers should list the full name and date of birth (and school if available) of each

child who was present in the household at the time of the offense. The names of other

children who may not have been in the house at that particular time should also be

obtained for follow-up.

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(d) When practicable and legally permitted, video or audio record all significant statements

and observations.

(e) All injuries should be photographed, regardless of severity, taking care to preserve

the victim’s personal privacy. Where practicable, photographs should be taken by a

person of the same sex. Victims whose injuries are not visible at the time of the incident

should be asked to contact the Investigations Unit in the event that the injuries later

become visible.

(f) Officers 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, officers 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, officers

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 officer should attach a copy of the order to the

incident or arrest report.

(j) Officers should take appropriate enforcement action when there is probable cause to

believe an offense has occurred. Factors that should not be used as sole justification

for declining to take enforcement action include:

1. Whether the suspect lives on the premises with the victim.

2. Claims by the suspect that the victim provoked or perpetuated the violence.

3. The potential financial or child custody consequences of arrest.

4. The physical or emotional state of either party.

5. Use of drugs or alcohol by either party.

6. Denial that the abuse occurred where evidence indicates otherwise.

7. A request by the victim not to arrest the suspect.

8. Location of the incident (public/private).

9. Speculation that the complainant may not follow through with the prosecution.

10. Actual or perceived characteristics such as race, ethnicity, national origin,

religion, sex, sexual orientation, gender identity or expression, economic status,

age, cultural group, disability, or marital status of the victim or suspect.

11. The social status, community status, or professional position of the victim or

suspect.

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310.4.1 IF A SUSPECT IS ARRESTED

If a suspect is arrested, officers should:

(a) Advise the victim that there is no guarantee the suspect will remain in custody.

(b) Provide the victim’s contact information to the jail staff to enable notification of the

victim upon the suspect’s release from jail.

(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 officer 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. Officers should:

(a) Recognize that a victim’s behavior and actions may be affected.

(b) Provide the victim with the department’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 officer 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.

An officer shall advise an individual protected by a Canadian domestic violence protection order

of available local victim services (Family Code § 6452).

310.6 DISPATCH ASSISTANCE

All calls of domestic violence, including incomplete 9-1-1 calls, should be dispatched as soon as

practicable.

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Dispatchers are not required to verify the validity of a court order before responding to a request for

assistance. Officers 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 officers 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, officers 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 officer 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.

Officers should document in an appropriate report their efforts to verify the validity of an order,

regardless of whether an arrest is made. Officers should contact a supervisor for clarification when

needed.

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310.9 LEGAL MANDATES AND RELEVANT LAWS

California law provides for the following:

310.9.1 STANDARDS FOR ARRESTS

Officers 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. Officers are only authorized to make an arrest without a warrant for a

misdemeanor domestic violence offense if the officer makes the arrest as soon

as probable cause arises (Penal Code § 836).

(b) An officer 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. Officers shall not dissuade victims from making a lawful

private person’s arrest. Officers 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) Officers 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, fiancé/fiancée,

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, officers should generally be reluctant to make dual arrests. Officers 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, an officer shall consider:

1. The intent of the law to protect victims of domestic violence from continuing

abuse.

2. The threats creating fear of physical injury.

3. The history of domestic violence between the persons involved.

4. Whether either person acted in self-defense.

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(e) An arrest shall be made when there is probable cause to believe that a violation of a

domestic violence court order has been committed (Penal Code § 13701; Penal Code

§ 836), regardless of whether the offense was committed in the officer’s presence.

After arrest, the officer 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) An officer 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 officer

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, an officer 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 officer 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 officer shall notify the protected

individual that reasonable efforts shall be made to contact the person subject to the

order. The officer 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 officers should provide the victim with the case number of the report. The

case number may be placed in the space provided on the domestic violence victim

information handout provided to the victim. If the case number is not immediately

available, an explanation should be given regarding how the victim can obtain the

information at a later time.

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(c) Officers 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 department 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 Department, 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 Lieutenant

to maintain and report this information as required.

310.9.6 DECLARATION IN SUPPORT OF BAIL INCREASE

Any officer 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 officer shall prepare a declaration in support of increased

bail (Penal Code § 1269c).

Policy

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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 Sonoma State

University Police Department personnel to consider when dealing with search and seizure issues.

311.2 POLICY

It is the policy of the Sonoma State University Police Department to respect the fundamental

privacy rights of individuals. Members of this department will conduct searches in strict observance

of the constitutional rights of persons being searched. All seizures by this department will comply

with relevant federal and state law governing the seizure of persons and property.

The Department will provide relevant and current training to officers 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 department 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, officers are encouraged to contact a supervisor to resolve questions

regarding search and seizure issues prior to electing a course of action.

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311.4 SEARCH PROTOCOL

Although conditions will vary and officer safety and other exigencies must be considered in every

search situation, the following guidelines should be followed whenever circumstances permit:

(a)

Members of this department will strive to conduct searches with dignity and courtesy.

(b)

Officers 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 officer, a

reasonable effort should be made to summon an officer of the same sex as the subject

to conduct the search. When it is not practicable to summon an officer of the same

sex as the subject, the following guidelines should be followed:

1.

Another officer or a supervisor should witness the search.

2.

The officer should not search areas of the body covered by tight-fitting clothing,

sheer clothing or clothing that could not reasonably conceal a weapon.

311.5 DOCUMENTATION

Officers are responsible to document any search 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 an officer of the

same sex as the person being searched and the identification of any witness officer

Supervisors shall review reports to ensure the reports are accurate, that actions are properly

documented and that current legal requirements and department policy have been met.

Policy

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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 Sonoma State University Police

Department (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 an officer 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; 15 CCR 1150).

Safety checks - Direct, visual observation personally by a member of this department 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) A juvenile placed in a room that contains doors with delayed egress devices that have

a delay of more than 30 seconds.

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(d) A juvenile 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) A juvenile 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

that is more than brief or inadvertent.

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 any juvenile

suspected of an offense that would not subject an adult to arrest (e.g., fine-only offense).

312.2 POLICY

The Sonoma State University Police Department 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 Sonoma State University Police Department. 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 Sonoma State

University Police Department:

(a) Unconscious

(b) Seriously injured

(c) A known suicide risk or obviously severely emotionally disturbed

(d) Significantly intoxicated except when approved by the 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

Officers 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 Sonoma State University Police Department unless they

have been evaluated by a qualified medical and/or mental health professional (15 CCR 1142).

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If the officer 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 Watch Commander shall be notified of the need for medical attention for the

juvenile. Department members should administer first aid as applicable (15 CCR 1142).

312.3.2 SUICIDE PREVENTION OF JUVENILES IN CUSTODY

Department 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

Officers should take custody of a juvenile and temporarily hold the juvenile at the Sonoma State

University Police Department 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 Sonoma State University Police

Department without authorization of the arresting officer'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 Sonoma State University Police Department (34 USC § 11133; Welfare and Institutions

Code § 207.1).

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 Sonoma State University Police Department. 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 (Welfare and Institutions Code § 602.1).

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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, officers may take custody of a status offender if requested to do

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 Sonoma State University

Police Department 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 or when

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 taken into custody for committing or

attempting to commit a felony with a firearm shall not be released and be transported to a juvenile

facility (Welfare and Institutions Code § 625.3).

A juvenile offender suspected of committing murder, a sex offense described in Welfare and

Institutions Code § 602(b) that may subject the juvenile to criminal jurisdiction under Welfare and

Institutions Code § 707, or a serious or violent felony should be referred to a probation officer 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 Department.

(c) Referred to a probation officer 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 officer 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 officer 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).

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312.5 ADVISEMENTS

Officers 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. This does not apply to juvenile non-

offenders taken into temporary custody for their safety or welfare (Welfare and Institutions Code

§ 625).

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).

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 Department, 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 Sonoma State University Police

Department (15 CCR 1150).

(c) 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;

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 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.

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312.7 NO-CONTACT REQUIREMENTS

Sight and sound separation shall be maintained between all juveniles and adults while in custody at

the Department (34 USC § 11133; Welfare and Institutions Code § 207.1; Welfare and Institutions

Code § 208; 15 CCR 1144). There should also be sight and sound separation between non-

offenders and juvenile and status offenders.

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 Sonoma State University

Police Department (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 Sonoma State

University Police Department shall ensure the following:

(a) The Watch Commander should be notified if it is anticipated that a juvenile may need

to remain at the Sonoma State University Police Department more than four hours.

This will enable the Watch Commander to ensure no juvenile is held at the Sonoma

State University Police Department 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).

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(j) 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.

(l) 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.

(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 RELIGIOUS ACCOMMODATION

Juveniles have the right to the same religious accommodation as adults in temporary custody (see

the Temporary Custody of Adults Policy).

312.10 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 Sonoma State University Police Department 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 the 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).

312.11 PERSONAL PROPERTY

The officer taking custody of a juvenile offender or status offender at the Sonoma State University

Police Department 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 Sonoma State

University Police Department.

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312.12 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

(e) Age, type, and number of other individuals in custody at the facility

Members of this department 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).

312.12.1 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 department members (15 CCR 1147).

(c) Initial placement into and removal from a locked enclosure shall be logged (Welfare

and Institutions Code § 207.1).

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(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.

312.13 SUICIDE ATTEMPT, DEATH, OR SERIOUS INJURY OF A JUVENILE

The Watch Commander will ensure procedures are in place to address the suicide attempt, death,

or serious injury of any juvenile held at the Sonoma State University Police Department (15 CCR

1142; 15 CCR 1047). The procedures will address:

(a) Immediate notification of the on-duty supervisor, Chief of Police, and

Investigation Section Supervisor.

(b) Notification of the parent, guardian, or person standing in loco parentis of the juvenile.

(c) Notification of the appropriate prosecutor.

(d) Notification of the State attorney.

(e) Notification to the coroner.

(f) Notification of the juvenile court.

(g) 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).

(h) A medical and operational review of deaths and suicide attempts pursuant to 15 CCR

1046.

(i) Evidence preservation.

312.14 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, an officer 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):

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(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.

312.14.1 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

department 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):

(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 an officer, 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 any jurisdiction over the individual, or the prosecution

for that offense is barred (Penal Code § 859.5; Welfare and Institutions Code § 626.8).

312.15 FORMAL BOOKING

No juvenile offender shall be formally booked without the authorization of the arresting officer's

supervisor, or in his/her absence, the Watch Commander.

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Any juvenile 14 years of age or older who is taken into custody for a felony, or any juvenile whose

acts amount to a sex crime, shall be booked, fingerprinted, and photographed.

For all other acts defined as crimes, juveniles may be booked, fingerprinted or photographed

upon the approval from the Watch Commander or Investigations Unit supervisor, giving due

consideration to the following:

(a) The gravity of the offense

(b) The past record of the offender

(c) The age of the offender

312.16 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 department

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 Sonoma

State University Police Department 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 Lieutenant and the appropriate Investigations Unit

supervisors to ensure that personnel of those bureaus act within legal guidelines.

312.17 BOARD OF STATE AND COMMUNITY CORRECTIONS CERTIFICATION

The Patrol Lieutenant shall coordinate the procedures related to the custody of juveniles held at the

Sonoma State University Police Department and ensure any required certification is maintained

(Welfare and Institution Code § 210.2).

Policy

313

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Senior and Disability Victimization

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 Sonoma State University Police Department members as required by

law (Penal Code § 368.6).

The Sonoma State University Police Department is committed to providing equal protection and

demonstrating respect for all persons regardless of age or disabilities, and to conscientiously

enforcing all criminal laws protecting elders, and adults and children with disabilities, regardless

of whether these crimes also carry civil penalties (Penal Code § 368.6) (see Child Abuse Policy

for child abuse investigations and reporting).

313.1.1 DEFINITIONS

Definitions related to this policy include:

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 § 15610.05 et seq.; Penal Code § 368.5).

Department protocols (or protocols) - A procedure adopted by a local law enforcement agency

consistent with the agency’s organizational structure and stated in a policy adopted pursuant to

this section, to effectively and accountably carry out a particular agency responsibility.

Dependent adult - 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 (Penal Code § 368; Welfare and Institutions Code § 15610.23).

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).

Senior and disability victimization - Means any of the following (Penal Code § 368.6):

(a) Elder and dependent adult abuse

(b) Unlawful interference with a mandated report

(c) Homicide of an elder, dependent adult, or other adult or child with a disability

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(d) Sex crimes against elders, dependent adults, or other adults and children with

disabilities

(e) Child abuse of children with disabilities

(f) Violation of relevant protective orders

(g) Hate crimes against persons with actual or perceived disabilities, including but not

limited to disabilities caused by advanced age, or those associated with them

(h) Domestic violence against elders, dependent adults, and adults and children with

disabilities, including disabilities caused by advanced age

313.2 POLICY

The Sonoma State University Police Department will investigate all reported incidents of alleged

elder and dependent adult abuse and ensure proper reporting and notification as required by law.

313.2.1 ARREST POLICY

It is the department policy to make arrests or to seek arrest warrants for elder and dependent adult

abuse in accordance with Penal Code § 836 and, in the case of domestic violence, as allowed

by Penal Code § 13701 (Penal Code § 368.6) (see Law Enforcement Authority and Domestic

Violence policies for additional guidance).

313.2.2 ADHERENCE TO POLICY

All officers are required to be familiar with the policy and carry out the policy at all times, except

in the case of an unusual compelling circumstance as determined and approved by a supervisor

(Penal Code § 368.6).

Any supervisor who determines and approves an officer’s deviation from this policy shall provide

a written report to the Chief of Police that states the unusual compelling circumstances regarding

the deviation. A copy of this report will be made available to the alleged victim and reporting party

pursuant to department protocols (Penal Code § 368.6(c)(27)).

The Chief of Police shall retain the report for a minimum of five years and shall make it available

to the state protection and advocacy agency upon request (Penal Code § 368.6(c)(27)).

313.3 INVESTIGATIONS AND REPORTING

All reported or suspected cases of elder and dependent adult abuse require investigation and a

report, even if the allegations appear unfounded or unsubstantiated (Penal Code § 368.6).

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 officer

in all circumstances where a suspected elder and dependent adult abuse victim is

contacted.

(b) Any relevant statements the victim may have made and to whom he/she made the

statements.

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(c) If a person is taken into protective custody, 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.

(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.

(j) Witness and suspect statements if available.

(k) Review of all portable audio/video recorders, devices, and other available video.

(l) Call history related to the elder or dependent adult including calls from mandated

reporters or other individuals.

(m) Whether the abuse is related to a disability-bias hate crime and related bias

motivations (Penal Code § 368.6) (see the Hate Crimes Policy for additional guidance).

(n) Results of investigations shall be provided to those agencies (Adult Protective

Services (APS), long-term ombudsman) that referred or reported the elder or

dependent adult abuse (Welfare and Institutions Code § 15640(f)).

(o) Whether a death involved the End of Life Option Act:

1. Whether or not assistance was provided to the person beyond that allowed by

law (Health and Safety Code § 443.14).

2. 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).

3. 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).

4. 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 or dependent adult abuse and investigated similarly.

An unexplained or suspicious death of an elder, dependent adult, or other adult or child with a

disability should be treated as a potential homicide until a complete investigation including an

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autopsy is completed, and it should not be assumed that the death of an elder or person with a

disability is natural simply because of the age or disability of the deceased (Penal Code § 368.6(c)

(18)).

313.3.1 ADDITIONAL INVESTIGATIVE CONSIDERATIONS

The following factors as provided in Penal Code § 368.6 should be considered when investigating

incidents of elder and dependent adult abuse:

(a) Elder and dependent adult abuse, sex crimes, child abuse, domestic violence, and

any other criminal act, when committed in whole or in part because of the victim’s

actual or perceived disability, including disability caused by advanced age, is also a

hate crime (Penal Code § 368.6) (see the Hate Crimes Policy for additional guidance).

(b) Senior and disability victimization crimes are also domestic violence subject to the

mandatory arrest requirements of Penal Code § 836 if they meet the elements

described in Penal Code § 273.5, including but not limited to a violation by a caretaker

or other person who is or was a cohabitant of the victim, regardless of whether the

cohabitant is or was a relative of, or in an intimate personal relationship with, the victim

(Penal Code § 368.6(c)(10)).

(c) Many victims of sexual assault and other sex crimes delay disclosing the crimes for

reasons including but not limited to shame, embarrassment, self-doubt, fear of being

disbelieved, and fear of retaliation by the perpetrator or others (Penal Code § 368.6(c)

(11)).

(d) Victims and witnesses with disabilities, including cognitive and communication

disabilities, can be highly credible witnesses when interviewed appropriately by trained

officers or other trained persons (Penal Code § 368.6(c)(14)).

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 and dependent adult

abuse investigations.

(c) Present all 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 (Welfare and Institutions Code § 15650).

(e) Provide referrals to therapy services, victim advocates, guardians, and support for the

victim and family as appropriate (see the Victim and Witness Assistance Policy for

additional guidance).

1. Ensure victims of sex crimes know their right to have a support person of their

choice present at all times during an interview or contact (Penal Code § 368.6)

(see the Sexual Assault Investigations Policy for additional guidance).

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2. Referrals to the crime victim liaison as appropriate for victims requiring further

assistance or information regarding benefits from crime victim resources.

(f) Participate in or coordinate with multidisciplinary investigative teams as applicable

(Welfare and Institutions Code § 15610.55).

(g) Make reasonable efforts to determine whether any person committed unlawful

interference in a mandated report.

313.5 MANDATORY NOTIFICATION

Members of the Sonoma State University Police Department 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 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).

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 Department, the local ombudsman

shall be called to coordinate efforts to provide the most immediate and

appropriate response (Welfare and Institutions Code § 15630(b)).

(b) If the abuse is in a long-term care facility (not a state mental health or a state

developmental center) and is other than physical abuse, a telephone report and a

written report shall be made to the local ombudsman as soon as practicable (Welfare

and Institutions Code § 15630(b)).

(c) The California Department of Public Health (DPH) shall be notified of all known or

suspected abuse in a long-term care facility.

(d) The SDSS shall be notified of all known or suspected abuse occurring in a residential

care facility for the elderly or in an adult day program.

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(e) If the abuse occurred in an adult day health care center, DPH and the California

Department of Aging shall be notified.

(f) The Bureau of Medi-Cal Fraud and Elder Abuse shall be notified of all abuse that

constitutes criminal activity in a long-term care facility.

(g) The District Attorney’s office shall be notified of all cases of physical abuse and

financial abuse in a long-term care facility.

(h) If the abuse occurred at a state mental hospital or a state developmental center,

notification shall be made to the designated investigators of the California Department

of State Hospitals or the California Department of Developmental Services as soon as

practicable but no later than two hours after law enforcement becomes aware of the

abuse (Welfare and Institutions Code § 15630(b)).

1. When a report of abuse is received by the Department, 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)).

(j) When the Department 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 Investigations Unit 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).

Failure to report, or impeding or inhibiting a report of abuse of an elder or dependent adult, is a

misdemeanor (Welfare and Institutions Code §15630(h)).

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.

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(d) The names and addresses of family members or any other adult responsible for the

care of the elder or dependent adult.

(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 PROTECTIVE CUSTODY

Before taking an elder or dependent adult abuse victim into protective custody when facts indicate

the adult may not be able to care for him/herself, the officer should make reasonable attempts to

contact APS. Generally, removal of an adult abuse victim from his/her family, guardian, or other

responsible adult should be left to the welfare authorities when they are present or have become

involved in an investigation.

Generally, members of this department should remove an elder or dependent adult abuse victim

from his/her family or guardian without a court order only when no other effective alternative is

reasonably available and immediate action reasonably appears necessary to protect the victim.

Prior to taking an elder or dependent adult abuse victim into protective custody, the officer should

take reasonable steps to deliver the adult to another qualified legal guardian, unless it reasonably

appears that the release would endanger the victim or result in abduction. If this is not a reasonable

option, the officer shall ensure that the adult is delivered to APS.

Whenever practicable, the officer should inform a supervisor of the circumstances prior to taking an

elder or dependent adult abuse victim into protective custody. If prior notification is not practicable,

officers should contact a supervisor promptly after taking the adult into protective custody.

When elder or dependent adult abuse victims are under state control, have a state-appointed

guardian, or there are other legal holdings for guardianship, it may be necessary or reasonable

to seek a court order on behalf of the adult victim to either remove the adult from a dangerous

environment (protective custody) or restrain a person from contact with the adult.

313.6.1 EMERGENCY PROTECTIVE ORDERS

In any situation which an officer reasonably believes that an elder or dependent adult is in

immediate and present danger of abuse based on an allegation of a recent incident of abuse or

threat of abuse (other than financial abuse alone), the officer may seek an emergency protective

order against the person alleged to have committed or threatened such abuse (Family Code §

6250(d)).

313.6.2 VERIFICATION OF PROTECTIVE ORDER

Whenever an officer verifies that a relevant protective order has been issued, the officer shall make

reasonable efforts to determine if the order prohibits the person from possession of firearms or

requires the relinquishment of firearms, and if the order does so, the officer shall make reasonable

efforts to (Penal Code § 368.6(c)(19)):

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(a) Inquire whether the restrained person possesses firearms. The officer should make

this effort by asking the restrained person and the protected person.

(b) Query the California Law Enforcement Telecommunications System to determine if

any firearms are registered to the restrained person.

(c) Receive or seize prohibited firearms located in plain view or pursuant to a consensual

or other lawful search in compliance with Penal Code § 18250 et seq. and in

accordance with department procedures.

313.7 INTERVIEWS

313.7.1 PRELIMINARY INTERVIEWS

Absent extenuating circumstances or impracticality, officers should audio record the preliminary

interview with a suspected elder or dependent adult abuse victim. Officers should avoid multiple

interviews with the victim and should attempt to gather only the information necessary to begin an

investigation. When practicable, investigating officers should defer interviews until a person who

is specially trained in such interviews is available.

313.7.2 DETAINING VICTIMS FOR INTERVIEWS

An officer 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.

313.7.3 INTERVIEWS WITH A PERSON WITH DEAFNESS OR HEARING LOSS

An officer who is interviewing a victim or witness who reports or demonstrates deafness or hearing

loss should secure the services of a qualified interpreter (as defined by Evidence Code § 754)

prior to the start of the interview (Penal Code § 368.6) (see the Communications with Persons

with Disabilities Policy for additional guidance).

313.8 MEDICAL EXAMINATIONS

When an elder or dependent adult abuse investigation requires a medical examination, the

investigating officer should obtain consent for such examination from the victim, guardian, agency,

or entity having legal custody of the adult. The officer should also arrange for the adult’s

transportation to the appropriate medical facility.

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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, officers should notify a

supervisor before proceeding. If exigent circumstances do not exist or if state law does not provide

for officers 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.

313.9 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.

313.9.1 SUPERVISOR RESPONSIBILITIES

The Investigations Unit 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 an officer notifies the Investigations

Unit 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 or dependent adult abuse victim lives.

(c) Develop a report format or checklist for use when officers respond to drug labs or other

narcotics crime scenes. The checklist will help officers document the environmental,

medical, social, and other conditions that may affect the adult.

313.9.1 OFFICER RESPONSIBILITIES

Officers 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 elder or dependent 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 Investigations Unit supervisor so an interagency response can begin.

313.10 RECORDS BUREAU RESPONSIBILITIES

The Records Section is responsible for:

(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.

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313.11 JURISDICTION

The Sonoma State University Police Department has concurrent jurisdiction 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, if consistent with federal

law, in such cases. However, this department will retain responsibility for the criminal investigations

(Penal Code § 368.5).

Additional jurisdiction responsibilities for investigations of abuse involving various facilities and

agencies may be found in Welfare and Institutions Code § 15650.

313.12 RELEVANT STATUTES

Penal Code § 288 (a) and Penal Code § 288 (b)(2)

(a) Except as provided in subdivision (i), a person who willfully and lewdly commits any lewd or

lascivious act, including any of the acts constituting other crimes provided for in Part 1 (Of Crimes

and Punishments of the Penal Code) upon or with the body, or any part or member thereof, of

a child who is under the age of 14 years, with the intent of arousing, appealing to, or gratifying

the lust, passions, or sexual desires of that person or the child, is guilty of a felony and shall be

punished by imprisonment in the state prison for three, six, or eight years.

(b)(2) A person who is a caretaker and commits an act described in subdivision (a) upon a

dependent person by use of force, violence, duress, menace, or fear of immediate and unlawful

bodily injury on the victim or another person, with the intent described in subdivision (a), is guilty

of a felony and shall be punished by imprisonment in the state prison for 5, 8, or 10 years.

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)

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.

Protections provided by the above Penal Code § 288 and Penal Code § 368 protect many persons

with disabilities regardless of the fact they live independently.

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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

(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:

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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 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

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“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.

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.

313.13 TRAINING

The Department should provide training on best practices in elder and dependent adult 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.

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(e) Cultural competence (including interpretive services) related to elder and

dependent adult abuse investigations.

(f) Availability of victim advocates or other support.

313.13.1 MANDATORY TRAINING

The Training Sergeant shall ensure that appropriate personnel receive the required training,

including:

(a) Materials from POST as described in Penal Code § 368.6(c)(5)(A).

(b) Advanced training on senior and disability victimization available from POST, the

United States Department of Justice, the Disability and Abuse Project of the Spectrum

Institute, or other sources as provided by Penal Code § 368.6(c)(16)(A).

1. Training should include the following:

(a) Information on the wide prevalence of elder and dependent adult abuse,

sexual assault, other sex crimes, hate crimes, domestic violence, human

trafficking, and homicide against adults and children with disabilities,

including disabilities caused by advanced age, and including those crimes

often committed by caretakers (Penal Code § 368.6(c)(1)).

(b) Information on the history of elder and dependent adult abuse and crimes

against individuals with disabilities (see the POST Senior and Disability

Victimization Policy Guidelines).

The Training Sergeant shall also ensure that appropriate training is provided on this policy to

dispatchers, community services officers, front desk personnel, and other civilian personnel who

interact with the public (Penal Code § 368.6 (c)(7)).

313.14 CHIEF OF POLICE RESPONSIBILITIES

The Chief of Police or the authorized designee responsibilities include but are not limited to (Penal

Code § 368.6):

(a) Taking leadership within the Department and in the community, including by speaking

out publicly in major cases of senior and disability victimization, to assure the

community of department support for the victims and their families and for others in

the community who are terrorized and traumatized by the crimes, and to encourage

victims and witnesses to the crimes or similar past or future crimes to report those

crimes to help bring the perpetrators to justice and prevent further crimes.

(b) Developing and including department protocols in this policy, including but not limited

to the following:

1. Protocols for seeking emergency protective orders by phone from a court at any

time of day or night pursuant to Family Code § 6250(d).

2. Protocols for arrest warrants and arrests for senior and disability victimization

for matters other than domestic violence and consistent with the requirements

of Penal Code § 368.6(c)(9)(B) that include the following:

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(a) In the case of a senior and disability victimization committed in an officer’s

presence, including but not limited to a violation of a relevant protective

order, the officer shall make a warrantless arrest based on probable cause

when necessary or advisable to protect the safety of the victim or others.

(b) In the case of a felony not committed in an officer’s presence, the officer

shall make a warrantless arrest based on probable cause when necessary

or advisable to protect the safety of the victim or others.

(c) In the case of a misdemeanor not committed in the officer’s presence,

including but not limited to misdemeanor unlawful interference with a

mandated report or a misdemeanor violation of a relevant protective order,

or when necessary or advisable to protect the safety of the victim or others,

the agency shall seek an arrest warrant based on probable cause.

(d) Protocol for seeking arrest warrants based on probable cause for crimes

for which no arrest has been made.

3. Procedures for first responding officers to follow when interviewing persons

with cognitive and communication disabilities until officers, or staff of other

responsible agencies with more advanced training, are available. The procedure

shall include an instruction to avoid repeated interviews whenever possible.

(c) For each department protocol, include either a specific title-by-title list of officer

responsibilities or a specific office or unit in the Department responsible for

implementing the protocol.

(d) Ensure an appendix is created and attached to this policy that describes requirements

for elder and dependent adult abuse investigations consistent with Penal Code §

368.6(c)(8)(B).

(e) Ensure a detailed checklist is created and attached to this policy regarding first

responding responsibilities that includes but is not limited to the requirements of Penal

Code § 368.6(c)(23).

(f) Ensuring that all members carry out their responsibilities under this policy.

(g) Verifying a process is in place for transmitting and periodically retransmitting this policy

and related orders to officers, including a simple and immediate way for officers to

access the policy in the field when needed.

(h) Ensure this policy is available to the Protection and Advocacy Agency upon request.

313.15 ELDER AND DEPENDENT ADULT ABUSE LIAISON

A department member appointed by the Chief of Police or the authorized designee will serve as

the Elder and Dependent Adult Abuse Liaison. Responsibilities of the liaison include but are not

limited to (Penal Code § 368.6):

(a) Acting as a liaison to other responsible agencies (defined by Penal Code § 368.6(b)

(15)) to increase cooperation and collaboration among them while retaining the law

enforcement agency’s exclusive responsibility for criminal investigations (Welfare and

Institutions Code § 15650).

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(b) Reaching out to the senior and disability communities and to the public to encourage

prevention and reporting of senior and disability victimization.

Policy

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Child Abuse

314.1 PURPOSE AND SCOPE

The purpose of this policy is to provide guidelines for the investigation of suspected child abuse.

This policy also addresses when Sonoma State University Police Department members are

required to notify the county Child Protective Services (CPS) of suspected child abuse.

314.1.1 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).

314.2 POLICY

The Sonoma State University Police Department will investigate all reported incidents of alleged

criminal child abuse and ensure CPS is notified as required by law.

314.3 MANDATORY NOTIFICATION

The child protection agency 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 department. 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).

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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

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.

314.3.1 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) A written follow-up report should be forwarded within 36 hours of receiving the

information concerning the incident.

314.4 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).

314.5 INVESTIGATIONS AND REPORTING

In all reported or suspected cases of child abuse, a report will be written. Officers shall write 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 officer in all

circumstances where a suspected child abuse victim was contacted.

(b) The exigent circumstances that existed if officers interviewed the child victim without

the presence of a parent or guardian.

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(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, the name and title of the

person making the decision, and why other alternatives were not appropriate.

(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 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.

(j) 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).

314.5.1 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, department 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).

314.6 PROTECTIVE CUSTODY

Before taking any child into protective custody, the officer should make reasonable attempts to

contact CPS. Generally, removal of a child from his/her family, guardian or other responsible adult

should be left to the child welfare authorities when they are present or have become involved in

an investigation.

Generally, members of this department should remove a child from his/her parent or guardian

without a court order only when no other effective alternative is reasonably available and

immediate action reasonably appears necessary to protect the child. Prior to taking a child into

protective custody, the officer 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 officer shall ensure that the child is

delivered to CPS.

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Whenever practicable, the officer should inform a supervisor of the circumstances prior to taking

a child into protective custody. If prior notification is not practicable, officers 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 officer 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.

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 officer 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 officer 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 officer 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 (Detainment or concealment of child from legal custodian) or Penal Code

§ 278.5 (Deprivation of custody of a child or right to visitation) (Penal Code § 279.6).

A child taken into protective custody shall be delivered to CPS unless otherwise directed by court

order.

314.6.1 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.

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314.6.2 NEWBORNS TESTING POSITIVE FOR DRUGS

Under certain circumstances, officers 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.

Officers 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.

314.7 INTERVIEWS

314.7.1 PRELIMINARY INTERVIEWS

Absent extenuating circumstances or impracticality, officers should record the preliminary

interview with suspected child abuse victims. Officers should avoid multiple interviews with a child

victim and should attempt to gather only the information necessary to begin an investigation. When

practicable, investigating officers should defer interviews until a person who is specially trained

in such interviews is available. Generally, child victims should not be interviewed in the home or

location where the alleged abuse occurred.

314.7.2 DETAINING SUSPECTED CHILD ABUSE VICTIMS FOR AN INTERVIEW

An officer 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.

314.7.3 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).

314.8 MEDICAL EXAMINATIONS

If the child has been the victim of abuse that requires a medical examination, the investigating

officer should obtain consent for such examination from the appropriate parent, guardian or agency

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having legal custody of the child. The officer 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, officers should notify a supervisor before proceeding. If exigent

circumstances do not exist or if state law does not provide for officers to take the child for a

medical examination, the notified supervisor should consider obtaining a court order for such an

examination.

314.9 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.

314.9.1 SUPERVISOR RESPONSIBILITIES

The Investigations 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

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 an officer notifies the Investigations

Unit supervisor that the officer 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.

(c) Develop a report format or checklist for use when officers respond to drug labs or other

narcotics crime scenes. The checklist will help officers document the environmental,

medical, social and other conditions that may affect the child.

314.9.2 OFFICER RESPONSIBILITIES

Officers 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 Investigations Unit supervisor so an interagency response can begin.

314.10 STATE MANDATES AND OTHER RELEVANT LAWS

California requires or permits the following:

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314.10.1 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).

314.10.2 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.

314.10.3 CACI HEARING OFFICER

The Investigations 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.

314.10.4 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.

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

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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.

314.10.5 CHILD DEATH REVIEW TEAM

This department should cooperate with any interagency child death review team

investigation. Written and oral information relating to the death of a child that would otherwise

be subject to release restrictions may be disclosed to the child death review team upon written

request and approval of a supervisor (Penal Code § 11174.32).

314.11 TRAINING

The Department 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 ad litem support.

Policy

315

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Missing Persons

315.1 PURPOSE AND SCOPE

This policy provides guidance for handling missing person investigations.

315.1.1 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).

315.2 POLICY

The Sonoma State University Police Department 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 Sonoma State University Police Department 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).

315.3 REQUIRED FORMS AND BIOLOGICAL SAMPLE COLLECTION KITS

The Investigation 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:

•

Department report form for use in missing person cases

•

Missing person investigation checklist that provides investigation guidelines and

resources that could be helpful in the early hours of a missing person investigation

(Penal Code § 13519.07)

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•

Missing person school notification form

•

Medical records release form from the California Department of Justice

•

California DOJ missing person forms as appropriate

•

Biological sample collection kits

315.4 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).

315.5 INITIAL INVESTIGATION

Officers 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.

A voluntarily provided biological sample of the missing person, if available (e.g.,

toothbrush, hairbrush).

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3.

Any documents that may assist in the investigation, such as court orders

regarding custody.

4.

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.

315.6 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.

315.6.1 SUPERVISOR RESPONSIBILITIES

The responsibilities of the supervisor shall include, but are not limited to:

(a) Reviewing and approving missing person reports upon receipt.

1. The reports should be promptly sent to the Records Section.

(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.

315.6.2 RECORDS SECTION 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 another jurisdiction (Penal

Code § 14211).

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(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.

(d) Forward a copy of the report to the Investigations Unit.

(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).

315.7 INVESTIGATIONS UNIT 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).

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(j) Should consider making appropriate entries and searches in the National Missing and

Unidentified Persons System (NamUs).

(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).

315.8 WHEN A MISSING PERSON IS FOUND

When any person reported missing is found, the assigned investigator 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 Lieutenant 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.

315.8.1 UNIDENTIFIED PERSONS

Department 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.

315.9 CASE CLOSURE

The Investigations Unit 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 Sonoma State University or this department 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.

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(c)

If this department is not the lead agency, the case can be made inactivate 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.

(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.

315.10 TRAINING

Subject to available resources, the Training Sergeant should ensure that members of this

department whose duties include missing person investigations and reports receive regular

training that includes:

(a) The initial investigation:

1. Assessments and interviews

2. Use of current resources, such as Mobile Audio Video (MAV)

3. Confirming missing status and custody status of minors

4. Evaluating the need for a heightened response

5. Identifying the zone of safety based on chronological age and developmental

stage

(b) Briefing of department 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.

(j) Additional resources and specialized services.

(k) Update procedures for case information and descriptions.

(l) Preserving scenes.

(m) Internet and technology issues (e.g., Internet use, cell phone use).

(n) Media relations.

Policy

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Victim and Witness Assistance

317.1 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.

317.2 POLICY

The Sonoma State University Police Department is committed to providing guidance and

assistance to the victims and witnesses of crime. The members of the Sonoma State University

Police Department will show compassion and understanding for victims and witnesses and will

make reasonable efforts to provide the support and information identified in this policy.

317.3 CRIME VICTIM LIAISON

The Chief of Police shall appoint a member of the Department 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 Sonoma State University Police Department 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.

317.3.1 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 (CalVCB) 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 CalVCB (2

CCR 649.36).

(c) Providing copies of crime reports requested by CalVCB or victim witness assistance

centers. Disclosure of reports must comply with the Records Maintenance and

Release Policy.

(d) Annually providing CalVCB 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 Sonoma State University Police

Department jurisdiction (Penal Code § 680.2).

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317.4 CRIME VICTIMS

Officers should provide all victims with the applicable victim information handouts.

Officers 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. Officers 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 department material or available victim resources.

317.4.1 VICTIMS OF HUMAN TRAFFICKING

Officers 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).

317.5 VICTIM INFORMATION

The Administration Supervisor 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.

(j) Resources available for victims of identity theft.

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(k) A place for the officer’s name, badge number, and any applicable case or incident

number.

(l) 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).

317.6 WITNESSES

Officers should never guarantee a witness’ safety from future harm or that his/her identity will

always remain confidential. Officers may make practical safety suggestions to witnesses who

express fear of future harm or retaliation.

Officers should investigate allegations of witness intimidation and take enforcement action when

lawful and reasonable.

Policy

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Hate Crimes

318.1 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

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 Sonoma

State University Police Department 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).

318.1.1 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, officers 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, officers 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.

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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

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

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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

•

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

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•

Library

•

Other victim or intended victim of the offense

318.1 POLICY

It is the policy of this department 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 violence, property damage, harassment, intimidation, or other crimes motivated by hate or bias

should be viewed very seriously and given high priority.

This department 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 department should take

all reasonable steps to attend to the security and related concerns of the immediate victims and

their families as feasible.

All officers are required to be familiar with the policy and use reasonable diligence to carry out the

policy unless directed by the Chief of Police or other command-level officer to whom the Chief of

Police formally delegates this responsibility.

318.2 PLANNING AND PREVENTION

In order to facilitate the guidelines contained within this policy, department members will

continuously work to build and strengthen relationships with the community, engage in dialogue,

and provide education to the community about this policy. Department 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.

318.2.1 HATE CRIMES COORDINATOR

A department member appointed by the Chief of Police 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

department’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

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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.

(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 Sergeant to include in a training plan recognition of

hate crime bias characteristics, including information on general underreporting of hate

crimes.

(j) Verifying a process is in place to provide this policy and related orders to officers 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 Section

for mandated reporting to the Department of Justice.

(l) 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 Section Policy.

(m) Maintaining the department’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 department’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.

318.2.2 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:

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(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

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 department 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 Department 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.

318.3 RESPONSE, VICTIM ASSISTANCE, AND FOLLOW-UP

318.3.1 INITIAL RESPONSE

First responding officers should know the role of all department personnel as they relate to the

department’s investigation of hate crimes and/or incidents. Responding officers should evaluate

the need for additional assistance and, working with supervision and/or investigations, access

needed assistance if applicable.

At the scene of a suspected hate or bias crime, officers 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.

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(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.

Department 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 § 6254.

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.

(j) 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.

(k) Provide information regarding immigration remedies available to victims of crime (e.g.,

U-Visa, T-Visa, S-Visa).

(l) Provide the department’s Hate Crimes Brochure (per Penal Code § 422.92) if asked,

if necessary, or per policy.

(m) Utilize proper techniques for interviewing people with disabilities and be aware of

and provide appropriate accommodations (e.g., ADA standards, Braille, visuals,

translators for the deaf or hard of hearing).

(n) Document any suspected multi-mission extremist crimes.

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318.3.2 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.

(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 § 6254.

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.

(j) Examine suspect’s social media activity for potential evidence of bias motivation.

(k) Coordinate the investigation with department, 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.

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(l) Coordinate the investigation with the crime scene investigation unit (if applicable) or

other appropriate units of the Department.

(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.

318.3.3 SUPERVISION

The supervisor shall confer with the initial responding officer 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 department’s official position on the importance of these cases

and the measures that will be taken to apprehend the perpetrators.

2. Expressing the department’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 department 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

vulnerable sites (such as assigning an officer to specific locations that could become

targets).

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(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.

(j) Make a final determination as to whether the incident should be classified as a hate

crime and forward to the Chief of Police for approval.

318.4 TRAINING

All members of this department 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 officers, including information on the general underreporting of

hate crimes.

(c) Distribution of hate crime brochures.

318.5 APPENDIX

See attachments:

Statutes and Legal Requirements.pdf

Hate Crime Checklist.pdf

Policy

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Standards of Conduct

319.1 PURPOSE AND SCOPE

This policy establishes standards of conduct that are consistent with the values and mission of

the Sonoma State University Police Department and are expected of all department 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 department or

a member’s supervisors.

319.2 POLICY

The continued employment or appointment of every member of the Sonoma State University

Police Department 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.

319.3 DIRECTIVES AND ORDERS

Members shall comply with lawful directives and orders from any department supervisor or person

in a position of authority, absent a reasonable and bona fide justification.

319.3.1 UNLAWFUL OR CONFLICTING ORDERS

Supervisors shall not knowingly issue orders or directives that, if carried out, would result in a

violation of any law or department policy. 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, department policy or other directive shall

respectfully inform the issuing supervisor of the conflict. The issuing supervisor is responsible

for either resolving the conflict or clarifying that the lawful order is intended to countermand the

previous lawful order or directive, in which case the member is obliged to comply. Members who

are compelled to follow a conflicting lawful order after having given the issuing supervisor the

opportunity to correct the conflict, will not be held accountable for disobedience of the lawful order

or directive that was initially issued.

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The person countermanding the original order shall notify, in writing, the person issuing the original

order, indicating the action taken and the reason.

319.3.2 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.

319.4 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. It is not mandatory that a specific policy or rule

violation be cited to sustain discipline. This policy is not intended to cover every possible type of

misconduct.

319.5 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 department service:

319.5.1 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 department or State manuals.

(b) Disobedience of any legal directive or order issued by any department member of a

higher rank.

(c) Violation of federal, state, local or administrative laws, rules or regulations.

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319.5.2 ETHICS

(a) Using or disclosing one’s status as a member of the Sonoma State University Police

Department in any way that could reasonably be perceived as an attempt to gain

influence or authority for non-department business or activity.

(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 department 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.

319.5.3 DISCRIMINATION, OPPRESSION, OR FAVORITISM

Unless required by law or policy, discriminating against, oppressing, or providing favoritism to

any person because of actual or perceived characteristics such as race, ethnicity, national origin,

religion, sex, sexual orientation, gender identity or expression, age, disability, economic status,

cultural group, veteran status, marital status, and any other classification or status 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.

319.5.4 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 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 department.

(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 department.

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319.5.5 ATTENDANCE

(a) Leaving the job to which the member is assigned during duty hours without reasonable

excuse and proper permission and approval.

(b) Unexcused or unauthorized absence or tardiness.

(c) Excessive absenteeism or abuse of leave privileges.

(d) Failure to report to work or to the place of assignment at the time specified and fully

prepared to perform duties without reasonable excuse.

319.5.6 UNAUTHORIZED ACCESS, DISCLOSURE, OR USE

(a) Unauthorized and inappropriate intentional release of confidential or protected

information, materials, data, forms, or reports obtained as a result of the member’s

position with this department.

(a) Members of this department 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 department for personal

or financial gain or without the express authorization of the Chief of Police or the

authorized designee.

(d) Loaning, selling, allowing unauthorized use, giving away, or appropriating any

department property for personal use, personal gain, or any other improper or

unauthorized use or purpose.

(e) Using department 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.

319.5.7 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 Department within 10 days of any change in residence address or

contact numbers.

(f) Failure to notify the Department of Human Resources of changes in relevant personal

information (e.g., information associated with benefits determination) in a timely

fashion.

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319.5.8 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.

(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 department record, public record, book, paper or

document.

(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 department -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 department or its members.

(e) Disparaging remarks or conduct concerning duly constituted authority to the extent

that such conduct disrupts the efficiency of this department or subverts the good order,

efficiency and discipline of this department 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 department premises.

2. At any work site, while on-duty or while in uniform, or while using any department

equipment or system.

3. Gambling activity undertaken as part of an officer 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 department property except

as expressly authorized by State policy, the memorandum of understanding, or

the Chief of Police.

(h) Engaging in political activities during assigned working hours except as expressly

authorized by State policy, the memorandum of understanding, or the Chief of Police.

(i) Any act on- or off-duty that brings discredit to this department.

319.5.9 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

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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.

(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 department or the State.

(g) In general 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 department.

(i) Unauthorized possession of, loss of, or damage to department property or the property

of others, or endangering it through carelessness or maliciousness.

(j) Attempted or actual theft of department property; misappropriation or misuse of public

funds, property, personnel or the services or property of others; unauthorized removal

or possession of department 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 memorandum of understanding

or contract to include fraud in securing the appointment or hire.

(l) 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 Chief of Police 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 department, is contrary to good order, efficiency

or morale, or tends to reflect unfavorably upon this department or its members.

319.5.10 SAFETY

(a) Failure to observe or violating department 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 good physical condition sufficient to adequately and safely perform

law enforcement 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 the premises of the work place, any firearm or other lethal weapon

that is not authorized by the member’s appointing authority.

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(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.

(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.

319.5.11 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.

(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.

Policy

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Information Technology Use

320.1 PURPOSE AND SCOPE

The purpose of this policy is to provide guidelines for the proper use of department information

technology resources, including computers, electronic devices, hardware, software and systems.

320.1.1 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 Sonoma State University Police

Department 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 Department or department 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.

320.2 POLICY

It is the policy of the Sonoma State University Police Department that members shall use

information technology resources, including computers, software and systems, that are issued or

maintained by the Department in a professional manner and in accordance with this policy.

320.3 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 department computer system.

The Department 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 Department, including the

department email system, computer network, and/or any information placed into storage on any

department system or device. This includes records of all keystrokes or Web-browsing history

made at any department computer or over any department 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 department computers, electronic devices, or networks.

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The Department 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 Department

may request access when it is reasonably believed to be relevant to the investigation of allegations

of work-related misconduct (Labor Code § 980).

320.4 RESTRICTED USE

Members shall not access computers, devices, software or systems for which they have

not received prior authorization or the required training. 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 use another person’s access passwords, logon information and other individual

security data, protocols and procedures unless directed to do so by a supervisor.

320.4.1 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 department computer. Members shall not install

personal copies of any software onto any department 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 Chief

of Police or the authorized designee.

No member shall knowingly make, acquire or use unauthorized copies of computer software that

is not licensed to the Department while on department premises, computer systems or electronic

devices. Such unauthorized use of software exposes the Department 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 department- or State-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.

320.4.2 HARDWARE

Access to technology resources provided by or through the Department shall be strictly limited

to department-related activities. Data stored on or available through department 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 department-related purpose to access such data. Any exceptions to this policy

must be approved by a supervisor.

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320.4.3 INTERNET USE

Internet access provided by or through the Department shall be strictly limited to department-

related activities. Internet sites containing information that is not appropriate or applicable to

department 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.

320.5 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 department 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,

logon 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.

320.6 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 University-owned electronic systems

or devices, and any 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 Department

involving one of its members or a member’s duties, an alleged or suspected violation of any

department 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 department computer system when requested by a supervisor or

during the course of regular duties that require such information.

Policy

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Department Use of Social Media

321.1 PURPOSE AND SCOPE

This policy provides guidelines to ensure that any use of social media on behalf of the Department

is consistent with the department mission.

This policy does not address all aspects of social media use. Specifically, it does not address:

•

Personal use of social media by department members (see the Employee Speech,

Expression and Social Networking Policy).

•

Use of social media in personnel processes (see the Recruitment and Selection

Policy).

•

Use of social media as part of a criminal investigation, other than disseminating

information to the public on behalf of this department (see the Investigation and

Prosecution Policy).

321.1.1 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 department website or social networking services

321.2 POLICY

The Sonoma State University Police Department may use social media as a method of effectively

informing the public about department services, issues, investigations and other relevant events.

Department members shall ensure that the use or access of social media is done in a manner

that protects the constitutional rights of all.

321.3 AUTHORIZED USERS

Only members authorized by the Chief of Police or the authorized designee may utilize social

media on behalf of the Department. Authorized members shall use only department-approved

equipment during the normal course of duties to post and monitor department-related social media,

unless they are specifically authorized to do otherwise by their supervisors.

The Chief of Police 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 department social media by members who are not authorized

to post should be made through the member’s chain of command.

321.4 AUTHORIZED CONTENT

Only content that is appropriate for public release, that supports the department mission and

conforms to all department policies regarding the release of information may be posted.

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Examples of appropriate content include:

(a) Announcements.

(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 department 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.

321.4.1 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 Commander.

321.5 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 Sonoma State University Police Department or

its members.

(e) Any information that could compromise the safety and security of department

operations, members of the Department, 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 department’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.

321.5.1 PUBLIC POSTING PROHIBITED

Department social media sites shall be designed and maintained to prevent posting of content

by the public.

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The Department may provide a method for members of the public to contact department members

directly.

321.6 MONITORING CONTENT

The Chief of Police will appoint a supervisor to review, at least annually, the use of department

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.

321.7 RETENTION OF RECORDS

The Administration Lieutenant 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.

321.8 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 department sites.

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Report Preparation

322.1 PURPOSE AND SCOPE

Report preparation is a major part of each officer's job. The purpose of reports is to document

sufficient information to refresh the officer’s memory and to provide sufficient information for follow-

up investigation and successful prosecution. Report writing is the subject of substantial formalized

training and on-the-job training.

322.1.1 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.

322.2 REQUIRED REPORTING

Written reports are required in all of the following situations on the appropriate department

approved form unless otherwise approved by a supervisor.

322.2.1 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. Activity 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 policy. These include:

1. Use of Force Policy

2. Domestic Violence Policy

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3. Child Abuse Policy

4. Senior and Disability Victimization Policy

5. Hate Crimes Policy

6. Suspicious Activity Reporting Policy

(e) All misdemeanor crimes where the victim desires a report

Misdemeanor crimes where the victim does not desire a report shall be documented using the

department-approved alternative reporting method (e.g., dispatch log).

322.2.2 NON-CRIMINAL ACTIVITY

The following incidents shall be documented using the appropriate approved report:

(a)

Anytime an officer points a firearm at any person

(b)

Any use of force against any person by a member of this department (see the Use

of Force Policy)

(c)

Any firearm discharge (see the Firearms Policy)

(d)

Anytime a person is reported missing, regardless of jurisdiction (see the Missing

Persons Policy)

(e)

Any found property or found evidence

(f)

Any traffic collisions above the minimum reporting level (see Traffic Collision Reporting

Policy)

(g)

Suspicious incidents that may indicate a potential for crimes against children or that

a child’s safety is in jeopardy

(h)

All protective custody detentions

(i)

Suspicious incidents that may place the public or others at risk

(j)

Whenever the employee believes the circumstances should be documented or at the

direction of a supervisor

322.2.3 DEATH CASES

Death investigations require specific investigation methods depending on circumstances and

should be handled in accordance with the Death Investigations Policy. The handling officer should

notify and apprise a supervisor of the circumstances surrounding the incident to determine how

to proceed. The following cases shall be appropriately investigated and documented using the

approved report:

(a)

Sudden or accidental deaths.

(b)

Suicides.

(c)

Homicide or suspected homicide.

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(d)

Unattended deaths (No physician or qualified hospice care in the 20 days preceding

death).

(e)

Found dead bodies or body parts.

322.2.4 INJURY OR DAMAGE BY STATE PERSONNEL

Reports shall be taken if an injury occurs that is a result of an act of a State employee. Additionally,

reports shall be taken involving damage to State property or State equipment.

322.2.5 MISCELLANEOUS INJURIES

Any injury that is reported to this department 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.

322.2.6 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 Section shall notify the California

Department of Public Health (CDPH) of the incident as required by CDPH (Penal Code § 23685).

322.2.7 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.

(g) Identity theft without an identifiable suspect.

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(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.

(j) 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).

322.3 GENERAL POLICY OF EXPEDITIOUS REPORTING

In general, all officers 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.

322.3.1 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 department consistency.

322.3.2 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.

322.4 REPORT CORRECTIONS

Supervisors shall review reports for content and accuracy. If a correction is necessary, the

reviewing supervisor should complete the Report Correction form stating the reasons for rejection.

The original report and the correction form should be returned to the reporting employee for

correction as soon as practical. It shall be the responsibility of the originating officer to ensure that

any report returned for correction is processed in a timely manner.

322.5 REPORT CHANGES OR ALTERATIONS

Reports that have been approved by a supervisor and submitted to the Records Section for filing

and distribution shall not be modified or altered except by way of a supplemental report. Reviewed

reports that have not yet been submitted to the Records Section may be corrected or modified by

the authoring officer only with the knowledge and authorization of the reviewing supervisor.

322.6 ELECTRONIC SIGNATURES

The Sonoma State University Police Department has established an electronic signature

procedure for use by all employees of the Sonoma State University Police Department. The Patrol

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Lieutenant shall be responsible for maintaining the electronic signature system and ensuring that

each employee creates a unique, confidential password for his/her electronic signature.

• Employees may only use their electronic signature for official reports or other official

communications.

• Each employee shall be responsible for the security and use of his/her electronic

signature and shall promptly notify a supervisor if the electronic signature has or may

have been compromised or misused.

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Media Relations

323.1 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.

323.2 RESPONSIBILITIES

The ultimate authority and responsibility for the release of information to the media shall remain

with the Chief of Police, however, in situations not warranting immediate notice to the Chief of

Police and in situations where the Chief of Police has given prior approval, Lieutenants, Watch

Commanders and designated Public Information Officer(s) may prepare and release information

to the media in accordance with this policy and the applicable law.

323.2.1 MEDIA REQUEST

Any media request for information or access to a law enforcement situation shall be referred to the

designated department 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 department make any comment or release

any official information to the media without prior approval from a supervisor or the

designated department 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 department.

(c)

Under no circumstance should any member of this department make any comments

to the media regarding any law enforcement incident not involving this department

without prior approval of the Chief of Police.

323.3 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 safe 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

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be coordinated through the department Public Information Officer or other

designated spokesperson.

2.

Whenever the 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 department 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 Chief of Police and the express consent of the person in custody.

A tactical operation should be handled in the same manner as a crime scene, except the news

media shall be permitted within the outer perimeter of the scene, subject to any restrictions as

determined by the supervisor in charge. Department 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.

323.3.1 PROVIDING ADVANCE INFORMATION

To protect the safety and rights of officers 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 Chief

of Police.

Any exceptions to the above should only be considered for the furtherance of legitimate law

enforcement purposes. Prior to approving any exception the Chief of Police 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.

323.4 SCOPE OF INFORMATION SUBJECT TO RELEASE

The Department will maintain a daily information log of significant law enforcement activities that

shall be made available, upon request, to media representatives through the Watch Commander.

This log will generally contain the following information:

(a)

The date, time, location, case number, type of crime, extent of injury or loss, and

names of individuals (except confidential informants) involved in crimes occurring

within this jurisdiction unless the release of such information would endanger the

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safety of any individual or jeopardize the successful completion of any ongoing

investigation

(b)

The date, time, location, case number, name, birth date and charges for each person

arrested by this department 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 Watch

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 Office.

Any requests for copies of related reports or additional information not contained in this log shall

be referred to the designated department media representative, the custodian of records, or if

unavailable, to the Watch Commander. Such requests will generally be processed in accordance

with the provisions of the Public Records Act (Government Code § 6250, et seq.).

323.4.1 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 department. When

in doubt, authorized and available legal counsel should be obtained.

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Subpoenas and Court Appearances

324.1 PURPOSE AND SCOPE

This policy establishes the guidelines for department members who must appear in court. It will

allow the Sonoma State University Police Department to cover any related work absences and

keep the Department informed about relevant legal matters.

324.2 POLICY

Sonoma State University Police Department members will respond appropriately to all subpoenas

and any other court-ordered appearances.

324.3 SUBPOENAS

Only department members authorized to receive a subpoena on behalf of this department or any

of its members may do so. This may be accomplished by personal service to the officer or by

delivery of two copies of the subpoena to the officer's supervisor or other authorized department

agent (Government Code § 68097.1; Penal Code § 1328(c)).

The party that issues a civil subpoena to an officer 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 authorized individual 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 officer within sufficient time for the named officer 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 other authorized

individual determines that he/she is unable to deliver a copy of the subpoena to the named officer

within sufficient time for the named officer to comply with the subpoena, the supervisor or the

subpoena clerk 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)).

324.3.1 CIVIL SUBPOENA

The Department 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 Department should seek reimbursement for the member’s compensation through the civil

attorney of record who subpoenaed the member.

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324.3.2 OFF-DUTY RELATED SUBPOENAS

Members receiving valid subpoenas for off-duty actions not related to their employment or

appointment will not be compensated for their appearance. Arrangements for time off shall be

coordinated through their immediate supervisors.

324.4 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.

324.5 STANDBY

To facilitate standby agreements, members are required to provide and maintain current

information on their addresses and contact telephone numbers with the Department.

If a member on standby changes his/her location during the day, the member shall notify the

designated department member 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.

324.6 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 department uniform or business attire.

(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.

324.6.1 TESTIMONY

Before the date of testifying, the subpoenaed member shall request a copy of relevant reports and

become familiar with the content in order to be prepared for court.

324.7 OVERTIME APPEARANCES

When a member appears in court on his/her off-duty time, he/she will be compensated in

accordance with the current memorandum of understanding or collective bargaining agreement.

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Reserve Officers

325.1 PURPOSE AND SCOPE

The Sonoma State University Police Department Reserve Unit was established to supplement and

assist regular sworn police officers in their duties. This unit provides professional, sworn volunteer

reserve officers who can augment regular staffing levels.

325.2 SELECTION AND APPOINTMENT OF POLICE RESERVE OFFICERS

The Sonoma State University Police Department 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 department.

325.2.1 PROCEDURE

All applicants shall be required to meet and pass the same pre-employment procedures as regular

police officers before appointment.

Before appointment to the Police Reserve Unit, an applicant must have completed, or be in the

process of completing, a POST approved basic academy or extended basic academy.

325.2.2 APPOINTMENT

Applicants who are selected for appointment to the Police Reserve Unit shall, on the

recommendation of the Chief of Police, be sworn in by the Chief of Police 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.

325.2.3 COMPENSATION FOR POLICE RESERVE OFFICERS

Compensation for reserve officers is provided as follows:

All reserve officer appointees are issued two sets of uniforms and all designated attire and safety

equipment. All property issued to the reserve officer shall be returned to the Department upon

termination or resignation. Reserves shall receive a yearly uniform allowance equal to that of

regular officers.

325.2.4 EMPLOYEES WORKING AS RESERVE OFFICERS

Qualified employees of this department, when authorized, may also serve as reserve officers.

However, the Department 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 officer working as

a reserve officer 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).

325.3 DUTIES OF RESERVE OFFICERS

Reserve officers assist regular officers in the enforcement of laws and in maintaining peace and

order within the community. Assignments of reserve officers will usually be to augment the Patrol

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Section. Reserve officers may be assigned to other areas within the Department as needed.

Reserve officers are required to work a minimum of 16 hours per month.

325.3.1 POLICY COMPLIANCE

Police reserve officers shall be required to adhere to all department policies and procedures.

A copy of the policies and procedures will be made available to each reserve officer 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 officer,

it shall also apply to a sworn reserve officer unless by its nature it is inapplicable.

325.3.2 RESERVE OFFICER ASSIGNMENTS

All reserve officers will be assigned to duties by the Reserve Coordinator or his/her designee.

325.3.3 RESERVE COORDINATOR

The Chief of Police shall delegate the responsibility for administering the Reserve Officer Program

to a Reserve Coordinator.

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)

Maintaining and ensuring performance evaluations are completed

(e)

Monitoring individual reserve officer performance

(f)

Monitoring overall Reserve Program

(g)

Maintaining liaison with other agency Reserve Coordinators

325.4 FIELD TRAINING

Penal Code § 832.6 requires Level II reserve officers, who have not been released from

the immediate supervision requirement per the Completion of the Formal Training Process

subsection, to work under the immediate supervision of a peace officer who possesses a Basic

POST Certificate.

325.4.1 TRAINING OFFICERS

Officers of this department, who demonstrate a desire and ability to train reserve officers, may

train the reserves during Phase II, subject to Watch Commander approval.

325.4.2 PRIMARY TRAINING OFFICER

Upon completion of the Academy, reserve officers will be assigned to a primary training officer.

The primary training officer will be selected from members of the Field Training Officer (FTO)

Committee. The reserve officer will be assigned to work with his/her primary training officer during

the first 160 hours of training. This time shall be known as the Primary Training Phase.

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325.4.3 FIELD TRAINING MANUAL

Each new reserve officer 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 an officer with the Sonoma State University Police Department. The reserve officer

shall become knowledgeable of the subject matter as outlined. He/she shall also become proficient

with those skills as set forth in the manual.

325.4.4 COMPLETION OF THE PRIMARY TRAINING PHASE

At the completion of the Primary Training Phase, (Phase I) the primary training officer will meet

with the Reserve Coordinator. The purpose of this meeting is to discuss the progress of the reserve

officer in training.

If the reserve officer has progressed satisfactorily, he/she will then proceed to Phase II of the

training. If he/she has not progressed satisfactorily, the Reserve Coordinator will determine the

appropriate action to be taken.

325.4.5 SECONDARY TRAINING PHASE

The Secondary Training Phase (Phase II) shall consist of 100 hours of additional on-duty training.

The reserve officer will no longer be required to ride with his/her primary training officer. The

reserve officer may now ride with any officer designated by the Watch Commander.

During Phase II of training, as with Phase I, the reserve officer's performance will be closely

monitored. In addition, rapid progress should continue towards the completion of the Officer's Field

Training Manual. At the completion of Phase II of training, the reserve officer will return to his/her

primary training officer for Phase III of the training.

325.4.6 THIRD TRAINING PHASE

Phase III of training shall consist of 24 hours of additional on-duty training. For this training phase,

the reserve officer will return to his/her original primary training officer. During this phase, the

training officer will evaluate the reserve officer for suitability to graduate from the formal training

program.

At the completion of Phase III training, the primary training officer will meet with the Reserve

Coordinator. Based upon the reserve officer's evaluations, plus input from the primary training

officer, the Reserve Coordinator shall decide if the reserve officer has satisfactorily completed his/

her formal training. If the reserve officer has progressed satisfactorily, he/she will then graduate

from the formal training process. If his/her progress is not satisfactory, the Reserve Coordinator

will decide upon the appropriate action to be taken.

325.4.7 COMPLETION OF THE FORMAL TRAINING PROCESS

When a reserve officer has satisfactorily completed all three phases of formal training, he/she will

have had a minimum of 284 hours of on-duty training. He/she will no longer be required to ride

with a reserve training officer. The reserve officer may now be assigned to ride with any officer

for the remaining 200-hour requirement for a total of 484 hours before being considered for relief

of immediate supervision.

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325.5 SUPERVISION OF RESERVE OFFICERS

Reserve officers who have attained the status of Level II shall be under the immediate supervision

of a regular sworn officer (Penal Code 832.6). The immediate supervision requirement shall also

continue for reserve officers who have attained Level I status unless special authorization is

received from the Reserve Coordinator with the approval of the Lieutenant.

325.5.1 SPECIAL AUTHORIZATION REQUIREMENTS

Reserve officers certified as Level I may, with prior authorization of the Reserve Coordinator and

on approval of the Lieutenant, be relieved of the "immediate supervision" requirement. Level I

reserve officers 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 Lieutenant, the Watch Commander may assign

a certified Level I reserve officer to function under the authority of Penal Code § 832.6(a)(1) for

specific purposes and duration.

325.5.2 RESERVE OFFICER MEETINGS

All reserve officer meetings will be scheduled and conducted by the Reserve Coordinator. All

reserve officers are required to attend scheduled meetings. Any absences must be satisfactorily

explained to the Reserve Coordinator.

325.5.3 IDENTIFICATION OF RESERVE OFFICERS

All reserve officers will be issued a uniform badge and a Department identification card. The

uniform badge shall be the same as that worn by a regular full-time officer. The identification card

will be the standard identification card with the exception that "Reserve" will be indicated on the

card.

325.5.4 UNIFORM

Reserve officers shall conform to all uniform regulation and appearance standards of

this department.

325.5.5 INVESTIGATIONS AND COMPLAINTS

If a reserve officer has a complaint made against him/her or becomes involved in an internal

investigation, that complaint or internal investigation may be investigated by the Reserve

Coordinator, at the discretion of the Patrol Lieutenant.

Reserve officers are considered at-will employees. Government Code § 3300 et seq. applies to

reserve officers with the exception that the right to hearing is limited to the opportunity to clear

their name.

Any disciplinary action that may have to be administered to a reserve officer shall be accomplished

as outlined in the Policy Manual.

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325.5.6 RESERVE OFFICER EVALUATIONS

While in training 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. Reserves having completed their field training will be evaluated annually using

performance dimensions applicable to the duties and authorities granted to that reserve.

325.6 FIREARMS REQUIREMENTS

Penal Code § 830.6(a)(1) designates a reserve officer as having peace officer powers during his/

her assigned tour of duty, provided the reserve officer qualifies or falls within the provisions of

Penal Code § 832.6.

325.6.1 CARRYING WEAPON ON DUTY

Penal Code § 830.6(a)(1) permits qualified reserve officers to carry a loaded firearm while on-

duty. It is the policy of this department to allow reserves to carry firearms only while on-duty or

to and from duty.

325.6.2 CONCEALED FIREARMS PROHIBITED

No reserve officer will be permitted to carry a concealed firearm while in an off-duty capacity, other

than to and from work, except those reserve officers who possess a valid CCW permit. An instance

may arise where a reserve officer is assigned to a plainclothes detail for his/her assigned tour of

duty. Under these circumstances, the reserve officer 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.

Any reserve officer who is permitted to carry a firearm other than the assigned duty weapon may

do so only after verifying that the weapon conforms to department standards. The weapon must be

registered by the reserve officer and be inspected and certified as fit for service by a department

armorer.

Before being allowed to carry any optional firearm during an assigned tour of duty

,

the reserve

officer shall have demonstrated his/her proficiency with said weapon.

When a reserve officer has satisfactorily completed all three phases of training (as outlined in

the Field Training section), he/she may be issued a permit to carry a concealed weapon. The

decision to issue a concealed weapon permit will be made by the Chief of Police with input from

the Reserve Program Coordinator and administrative staff. In issuing a concealed weapon permit

a reserve officer's qualification will be individually judged. A reserve officer's dedication to the

program and demonstrated maturity, among other factors, will be considered before a concealed

weapon permit will be issued. Once issued, the concealed weapon permit will be valid only for

as long as the reserve officer remains in good standing as a Reserve Officer with the Sonoma

State University Police Department.

325.6.3 RESERVE OFFICER FIREARM TRAINING

All reserve officers are required to maintain proficiency with firearms used in the course of their

assignments. Reserve officers shall comply with all areas of the firearms training section of the

Policy Manual, with the following exceptions:

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(a)

All reserve officers are required to qualify at least every other month

(b)

Reserve officers may fire at the department approved range at least once each month

and more often with the approval of the Reserve Coordinator

(c)

Should a reserve officer fail to qualify over a two-month period, that reserve officer will

not be allowed to carry a firearm until he/she has reestablished his/her proficiency

325.7 EMERGENCY CALL-OUT FOR RESERVE PERSONNEL

The Reserve Coordinator shall develop a plan outlining an emergency call-out procedure for

reserve personnel.

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Outside Agency Assistance

326.1 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.

326.2 POLICY

It is the policy of the Sonoma State University Police Department 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 department.

326.3 ASSISTING OUTSIDE AGENCIES

Generally, requests for any type of assistance from another agency should be routed to the Watch

Commander’s office for approval. In some instances, a memorandum of understanding or other

established protocol may exist that eliminates the need for approval of individual requests.

When another law enforcement agency requests assistance from this department, the Watch

Commander may authorize, if available, an appropriate number of personnel to assist. Members

are reminded that their actions when rendering assistance must conform with applicable laws and

be consistent with the policies of this department.

Officers may respond to a request for emergency assistance, however, they shall notify a

supervisor of their activity as soon as practicable.

Arrestees may be temporarily detained by this department until arrangements for transportation

are made by the outside agency. Probation violators who are temporarily detained by

this department will not ordinarily be booked at this department. Only in exceptional circumstances,

and subject to supervisor approval, will this department provide transportation of arrestees to other

facilities on behalf of another agency.

When transportation assistance is rendered, a report shall be prepared and submitted by the

handling member unless otherwise directed by a supervisor.

326.3.1 INITIATED ACTIVITY

Any on-duty officer who engages in law enforcement activities of any type that are not part of a

mutual aid request and take place outside the jurisdiction of the Sonoma State University Police

Department shall notify his/her supervisor or the Watch Commander and Dispatch as soon as

practicable. This requirement does not apply to special enforcement details or multi-agency units

that regularly work in multiple jurisdictions.

326.4 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.

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The requesting member should arrange for appropriate radio communication capabilities, if

necessary and available, so that communication can be coordinated between assisting personnel.

326.5 REPORTING REQUIREMENTS

Incidents of outside assistance or law enforcement activities that are not documented in a crime

report shall be documented in a general case report or as directed by the Watch Commander.

326.6 MANDATORY SHARING

Equipment and supplies purchased with federal funds or grants that require such equipment and

supplies be shared with other agencies should be documented and updated as necessary by

the Administration Lieutenant or the authorized designee.

The documentation should include:

(a) The conditions relative to sharing.

(b) The training requirements for:

1. The use of the supplies and equipment.

2. The members trained in the use of the supplies and equipment.

(c) Any other requirements for use of the equipment and supplies.

Copies of the documentation should be provided to Dispatch and the Watch Commander to ensure

use of the equipment and supplies is in compliance with the applicable sharing agreements.

The Training Sergeant should maintain documentation that the appropriate members have

received the required training.

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Registered Offender Information

327.1 PURPOSE AND SCOPE

This policy establishes guidelines by which the Sonoma State University Police Department will

address issues associated with certain offenders who are residing in the jurisdiction and how

the Department will disseminate information and respond to public inquiries for information about

registered sex, arson and drug offenders.

327.2 POLICY

It is the policy of the Sonoma State University Police Department to identify and monitor registered

offenders living within this jurisdiction and to take reasonable steps to address the risks those

persons may pose.

327.3 REGISTRATION

The Investigations Unit 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.

327.3.1 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.).

327.4 MONITORING OF REGISTERED OFFENDERS

The Investigations Unit 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) Efforts to confirm residence using an unobtrusive method, such as an internet search

or drive-by of the declared residence.

(b) Review of information on the California DOJ website for sex offenders.

(c) Contact with a registrant’s parole or probation officer.

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Any discrepancies should be reported to the California DOJ.

The Investigations Unit supervisor should also establish a procedure to routinely disseminate

information regarding registered offenders to Sonoma State University Police Department

personnel, including timely updates regarding new or relocated registrants.

327.5 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 Chief of Police if warranted.

A determination will be made by the Chief of Police, 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 Sonoma State University Police Department’s website. Information on sex

registrants placed on the Sonoma State University Police Department’s website shall comply with

the requirements of Penal Code § 290.46.

The Lieutenant 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.

327.5.1 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

(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).

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327.5.2 RELEASE NOTIFICATIONS

Registrant information that is released should include notification that:

(a) The offender registry includes only those persons who have been required by law to

register and who are in compliance with the offender registration laws.

(b) The information is provided as a public service and may not be current or accurate.

(c) Persons should not rely solely on the offender registry as a safeguard against offenses

in their communities.

(d) The crime for which a person is convicted may not accurately reflect the level of risk.

(e) Anyone who uses information contained in the registry to harass registrants or commit

any crime may be subject to criminal prosecution.

(f) The purpose of the release of information is to allow members of the public to protect

themselves and their children from sex offenders (Penal Code 290.45).

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Major Incident Notification

328.1 PURPOSE AND SCOPE

The purpose of this policy is to provide guidance to members of this department in determining

when, how and to whom notification of major incidents should be made.

328.2 POLICY

The Sonoma State University Police Department recognizes that certain incidents should be

brought to the attention of supervisors or other specified personnel of this department to facilitate

the coordination of activities and ensure that inquiries from the media and the public may be

properly addressed.

328.3 MINIMUM CRITERIA FOR NOTIFICATION

Most situations where the media show a strong interest are also of interest to the Chief of

Police and the affected Lieutenant. 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 Sonoma State University official

•

Arrest of a department employee or prominent Sonoma State University official

•

Aircraft crash with major damage and/or injury or death

•

In-custody deaths

328.4 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 home telephone number first and

then by any other available contact numbers.

328.4.1 STAFF NOTIFICATION

In the event an incident occurs described in the Major Incident Notification Policy, the Chief of

Police shall be notified along with the affected Lieutenant and the Detective Lieutenant if that

section is affected.

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328.4.2 DETECTIVE NOTIFICATION

If the incident requires that a detective respond from home, the immediate supervisor of the

appropriate detail shall be contacted who will then contact the appropriate detective.

328.4.3 TRAFFIC BUREAU NOTIFICATION

In the event of a traffic fatality or major injury, the Traffic Sergeant shall be notified who will then

contact the appropriate accident investigator. The Traffic Sergeant will notify the Traffic Lieutenant.

328.4.4 PUBLIC INFORMATION OFFICER (PIO)

The Public Information Officer shall be called after members of staff have been notified that it

appears the media may have a significant interest in the incident.

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Death Investigation

329.1 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.

329.2 INVESTIGATION CONSIDERATIONS

Death investigation cases require certain actions be taken. Paramedics 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.

329.2.1 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.

(j)

Drowning, fire, hanging, gunshot, stabbing, cutting, starvation, exposure, alcoholism,

drug addiction, strangulation or aspiration.

(k)

Accidental poisoning (food, chemical, drug, therapeutic agents).

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(l)

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 police 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.

329.2.2 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 an officer 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 an officer that any search of a known dead body is warranted prior to the arrival of the

Coroner or a designee; the investigating officer 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 officer pending the arrival of the Coroner or

a designee. 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, a receipt shall be obtained. This receipt shall be attached to the death report.

329.2.3 DEATH NOTIFICATION

When practical, and if not handled by the Coroner’s Office, notification to the next-of-kin of the

deceased person shall be made, in person, by the officer assigned to the incident. If the next-of-

kin lives in another jurisdiction, a law enforcement official from that jurisdiction shall be requested

to make the personal notification. If the relatives live outside this 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.

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329.2.4 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.

329.2.5 DEATH INVESTIGATION REPORTING

All incidents involving a death shall be documented on the appropriate form.

329.2.6 SUSPECTED HOMICIDE

If the initially assigned officer suspects that the death involves a homicide or other suspicious

circumstances, the Investigations Section shall be notified to determine the possible need for a

detective to respond to the scene for further immediate investigation.

329.2.7 EMPLOYMENT RELATED DEATHS OR INJURIES

Any member of this agency who responds to and determines that a death, serious illness,

or serious injury has occurred as a result of an accident at or in connection with the victim's

employment shall ensure that the nearest office of Cal-OSHA is notified by telephone immediately

or as soon as practicable with all pertinent information (8 CCR 342(b)).

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Identity Theft

330.1 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.

330.2 REPORTING

(a)

In an effort to maintain uniformity in reporting, officers presented with the crime of

identity theft (Penal Code § 530.6) shall initiate a report for victims residing within the

jurisdiction of this department when the crime occurred. For incidents of identity theft

occurring outside this jurisdiction, officers should observe the following:

1.

For any victim not residing within this jurisdiction, the officer 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, officers of this department 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)

Officers 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)

Officers 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 officer 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 department processing, the initial report should be

forwarded to the appropriate detective for follow up investigation, coordination with

other agencies and prosecution as circumstances dictate.

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Communications with Persons with Disabilities

331.1 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.

331.1.1 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.

331.2 POLICY

It is the policy of the Sonoma State University Police Department 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 Department will not discriminate against or deny any individual access to services, rights or

programs based upon disabilities.

331.3 AMERICANS WITH DISABILITIES (ADA) COORDINATOR

The Chief of Police 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 Lieutenant or

the authorized designee.

The responsibilities of the ADA Coordinator shall include, but not be limited to:

(a)

Working with the State ADA coordinator regarding the Sonoma State University Police

Department’s efforts to ensure equal access to services, programs and activities.

(b)

Developing reports, new procedures, or recommending modifications to this policy.

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(c)

Acting as a liaison with local disability advocacy groups or other disability groups

regarding access to department services, programs and activities.

(d)

Ensuring that a list of qualified interpreter services is maintained and available to

each Watch Commander and Dispatch 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 department

services, programs and activities.

331.4 FACTORS TO CONSIDER

Because the nature of any law enforcement contact may vary substantially from one situation

to the next, members of this department should consider all information reasonably available to

them when determining how to communicate with an individual with a disability. Members should

carefully balance all known factors in an effort to reasonably ensure people who are disabled have

equal access to services, programs and activities. These factors may include, but are not limited to:

(a)

Members should not always assume that effective communication is being achieved.

The fact that an individual appears to be nodding in agreement does not always mean

he/she completely understands the message. When there is any doubt, members

should ask the individual to communicate back or otherwise demonstrate their

understanding.

(b)

The nature of the disability (e.g., deafness or blindness vs. hard of hearing or low

vision).

(c)

The nature of the law enforcement contact (e.g., emergency vs. non-emergency,

custodial vs. consensual contact).

(d)

The availability of auxiliary aids. The fact that a particular aid is not available does

not eliminate the obligation to reasonably ensure access. However, in an emergency,

availability may factor into the type of aid used.

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331.5 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 Sonoma State University Police Department, consideration should be given,

safety permitting, to placing the handcuffs in the front of the body to facilitate communication using

sign language or writing.

331.6 TYPES OF ASSISTANCE AVAILABLE

Sonoma State University Police Department members shall never refuse to assist an individual

with disabilities who is requesting assistance. The Department 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 Department 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 department-provided auxiliary aids or services

or they may choose to provide their own.

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Department-provided auxiliary aids or services may include, but are not limited to, the assistance

methods described in this policy.

331.7 AUDIO RECORDINGS AND ENLARGED PRINT

The Department 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.

331.8 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)

Experienced in providing 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).

(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 department-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).

331.9 TTY AND RELAY SERVICES

In situations where an individual without a disability would have access to a telephone (e.g.,

booking or attorney contacts), members must also provide those who are deaf, hard of hearing

or have impaired speech the opportunity to place calls using an available TTY (also known as a

telecommunications device for deaf people, or TDD). Members shall provide additional time, as

needed, for effective communication due to the slower nature of TTY and TDD communications.

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The Department 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.

331.10 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 Department 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, department 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.

331.11 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).

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.

331.12 REPORTING

Whenever any member of this department 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 Department 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.

All written communications exchanged in a criminal case shall be attached to the report or placed

into evidence.

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331.13 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 Department recognizes that it would be virtually impossible to provide immediate access

to complete communication services to every member of this department. 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 officer is unable to effectively communicate with an individual who

is deaf or hard of hearing and requires communications assistance.

If available, officers 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.

331.13.1 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.

331.14 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 department will provide interpreter

services before beginning an interrogation, unless exigent circumstances exist or the individual

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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.

331.15 ARREST AND BOOKINGS

If an individual with speech or hearing disabilities is arrested, the arresting officer shall

use department-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 officer 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.

331.16 COMPLAINTS

The Department shall ensure that individuals with disabilities who wish to file a complaint regarding

members of this department are able to do so. The Department may provide a qualified interpreter

or forms in enlarged print, as appropriate. Complaints will be referred to the department 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 Department.

331.17 COMMUNITY OUTREACH

Community outreach programs and other such services offered by this department are important

to the ultimate success of more traditional law enforcement duties. This department will continue

to work with community groups, local businesses and neighborhoods to provide equal access to

such programs and services.

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331.18 TRAINING

To ensure that all members who may have contact with individuals who are disabled are properly

trained, the Department 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 Sergeant 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

Sergeant 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.

331.18.1 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 Dispatch members who may have contact with individuals

from the public who are deaf, hard of hearing or have impaired speech. Refresher training should

occur every six months.

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Private Persons Arrests

332.1 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.

332.2 ADVISING PRIVATE PERSONS OF THE ARREST PROCESS

Penal Code § 836(b) expressly mandates that all officers 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, officers 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,

officers 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.

332.3 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.

332.4 OFFICER RESPONSIBILITIES

Any officer 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 officer determine that there is no reasonable cause to believe that a private

person’s arrest is lawful, the officer should take no action to further detain or restrain

the individual beyond that which reasonably appears necessary to investigate the

matter, determine the lawfulness of the arrest and protect the public safety.

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1. Any officer 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 officer 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 officer, the officer should

advise the parties that no arrest will be made and that the circumstances will be

documented in a related report.

(b) Whenever an officer determines that there is reasonable cause to believe that a private

person’s arrest is lawful, the officer 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

332.5 REPORTING REQUIREMENTS

In all circumstances in which a private person is claiming to have made an arrest, the individual

must complete and sign a department Private Person’s Arrest form under penalty of perjury.

In addition to the Private Person’s Arrest Form (and any other related documents such as citations,

booking forms, etc.), officers shall complete a narrative report regarding the circumstances and

disposition of the incident.

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Anti-Reproductive Rights Crimes Reporting

333.1 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.).

333.2 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

333.3 REPORTING REQUIREMENTS TO THE ATTORNEY GENERAL

(a) Upon the receipt of the report of an ARRC, it shall be the responsibility of the employee

taking such a report to also complete an ARRC Data Collection Worksheet (BCIA

8371) 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 Investigation Lieutenant.

(c) By the tenth day of each month, it shall be the responsibility of the Investigation

Lieutenant to ensure that a Summary Worksheet (BCIA 8370) is submitted to the

Department of Justice Criminal Justice Statistics Center.

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.

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2. Any ARRC(s) reported in the Summary Worksheet shall be accompanied by a

copy of the related Data Collection Worksheet(s).

Policy

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Limited English Proficiency Services

334.1 PURPOSE AND SCOPE

This policy provides guidance to members when communicating with individuals with limited

English proficiency (LEP) (42 USC § 2000d).

334.1.1 DEFINITIONS

Definitions related to this policy include:

Authorized interpreter - A person who has been screened and authorized by the Department 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 Sonoma State University Police Department,

designated by the Department, 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).

334.2 POLICY

It is the policy of the Sonoma State University Police Department 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 Department 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.

334.3 LEP COORDINATOR

The Chief of Police shall delegate certain responsibilities to an LEP Coordinator. The LEP

Coordinator shall be appointed by, and directly responsible to, the Patrol Lieutenant or the

authorized designee.

The responsibilities of the LEP Coordinator include, but are not limited to:

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(a)

Coordinating and implementing all aspects of the Sonoma State University Police

Department’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 interpreters is

maintained and available to each Watch Commander and Dispatch 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)

Identifying standards and assessments to be used by the Department to qualify

individuals as qualified bilingual members or authorized interpreters.

(h)

Periodically reviewing efforts of the Department in providing meaningful access

to LEP individuals, and, as appropriate, developing reports, new procedures or

recommending modifications to this policy.

(i)

Receiving and responding to complaints regarding department LEP services.

(j)

Ensuring appropriate processes are in place to provide for the prompt and equitable

resolution of complaints and inquiries regarding discrimination in access to department

services, programs and activities.

334.4 FOUR-FACTOR ANALYSIS

Since there are many different languages that members could encounter, the Department 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:

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(a)

The number or proportion of LEP individuals eligible to be served or likely to be

encountered by department members, or who may benefit from programs or services

within the jurisdiction of the Department or a particular geographic area.

(b)

The frequency with which LEP individuals are likely to come in contact with department

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.

334.5 TYPES OF LEP ASSISTANCE AVAILABLE

Sonoma State University Police Department 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 Department will make every reasonable

effort to provide meaningful and timely assistance to LEP individuals through a variety of services.

The Department 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 department-provided LEP services at no cost or they may

choose to provide their own.

Department-provided LEP services may include, but are not limited to, the assistance methods

described in this policy.

334.6 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.

334.7 AUDIO RECORDINGS

The Department 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.

334.8 QUALIFIED BILINGUAL MEMBERS

Bilingual members may be qualified to provide LEP services when they have demonstrated

through established department 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.

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When a qualified bilingual member from this department is not available, personnel from other

State departments, who have been identified by the Department as having the requisite skills and

competence, may be requested.

334.9 AUTHORIZED INTERPRETERS

Any person designated by the Department 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 department 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 department 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.

334.9.1 SOURCES OF AUTHORIZED INTERPRETERS

The Department may contract with authorized interpreters who are available over the telephone.

Members may use these services with the approval of a supervisor and in compliance with

established procedures.

Other sources may include:

•

Qualified bilingual members of this department or personnel from other State

departments.

•

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 department, and with whom the Department has a resource-sharing or other

arrangement that they will interpret according to department guidelines.

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334.9.2 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 Department 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, department members must carefully consider the nature of the contact and

the 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.

334.10 CONTACT AND REPORTING

While all law enforcement contacts, services and individual rights are important, this department

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 department 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 Department or some other

identified source.

334.11 RECEIVING AND RESPONDING TO REQUESTS FOR ASSISTANCE

The Sonoma State University Police Department will take reasonable steps and will work with the

Department of Human Resources to develop in-house language capacity by hiring or appointing

qualified members proficient in languages representative of the community being served.

334.11.1 EMERGENCY CALLS TO 9-1-1

Department 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 Dispatch, 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.

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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.

334.12 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 officer is unable to effectively communicate with an LEP individual.

If available, officers should obtain the assistance of a qualified bilingual member or an authorized

interpreter before placing an LEP individual under arrest.

334.13 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, officers should consider calling for an authorized interpreter

in the following order:

•

An authorized department 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.

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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.

334.14 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

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.

334.15 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.

334.16 COMPLAINTS

The Department shall ensure that LEP individuals who wish to file a complaint regarding members

of this department are able to do so. The Department 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 interview with an LEP individual during an investigation

should not be members of this department.

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.

334.17 COMMUNITY OUTREACH

Community outreach programs and other such services offered by this department are important

to the ultimate success of more traditional law enforcement duties. This department will continue

to work with community groups, local businesses and neighborhoods to provide equal access to

such programs and services.

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334.18 TRAINING

To ensure that all members who may have contact with LEP individuals are properly trained,

the Department will provide periodic training on this policy and related procedures, including

how to access department-authorized telephonic and in-person interpreters and other available

resources.

The Training Sergeant shall be responsible for ensuring new members receive LEP training. Those

who may have contact with LEP individuals should receive refresher training at least once every

two years thereafter. The Training Sergeant shall maintain records of all LEP training provided, and

will retain a copy in each member’s training file in accordance with established records retention

schedules.

334.18.1 TRAINING FOR AUTHORIZED INTERPRETERS

All members on the authorized interpreter list must successfully complete prescribed interpreter

training. To complete interpreter training successfully, an interpreter must demonstrate proficiency

in and ability to communicate information accurately in both English and in the target language,

demonstrate knowledge in both languages of any specialized terms or phraseology, and

understand and adhere to the interpreter role without deviating into other roles, such as counselor

or legal adviser.

Members on the authorized interpreter list must receive refresher training annually or they will be

removed from the authorized interpreter list. This annual training should include language skills

competency (including specialized terminology) and ethical considerations.

The Training Sergeant shall be responsible for coordinating the annual refresher training and will

maintain a record of all training the interpreters have received.

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Mandatory Employer Notification

335.1 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) has been arrested under certain

circumstances.

335.2 POLICY

The Sonoma State University Police Department will meet the reporting requirements of California

law to minimize the risks to children and others.

335.3 MANDATORY SCHOOL EMPLOYEE ARREST REPORTING

In the event a school employee is arrested for any offense enumerated below, the Chief of Police

or his/her designee is required to report the arrest as follows.

335.3.1 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 Chief of Police 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).

335.3.2 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 Chief of

Police 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).

335.3.3 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 Chief of Police or his/her designee is

mandated to immediately notify by telephone the private school authority employing the teacher

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and to immediately give written notice of the arrest to the private school authority employing the

teacher (Health and Safety Code § 11591; Penal Code § 291.1).

335.3.4 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

Chief of Police 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).

335.4 ARREST OF PERSONS EMPLOYED IN COMMUNITY CARE FACILITIES

In the event an employee of a community treatment facility, a day treatment facility, a group home,

a short-term residential therapeutic program or a foster family agency is arrested for child abuse

(as defined in Penal Code § 11165.6) and the employee is free to return to work where children

are present, the investigating member shall notify the licensee of the charge of abuse (Health and

Safety Code § 1522.2).

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Biological Samples

336.1 PURPOSE AND SCOPE

This policy provides guidelines for the collection of biological samples from those individuals

required to provide samples upon conviction or arrest for certain offenses. This policy does not

apply to biological samples collected at a crime scene or taken from a person in conjunction with

a criminal investigation. Nor does it apply to biological samples from those required to register,

for example, sex offenders.

336.2 POLICY

The Sonoma State University Police Department will assist in the expeditious collection of required

biological samples from offenders in accordance with the laws of this state and with as little reliance

on force as practicable.

336.3 PERSONS SUBJECT TO DNA COLLECTION

Those who must submit a biological sample include (Penal Code § 296):

(a) A person, including a juvenile, upon conviction or other adjudication of any felony

offense.

(b) A person, including a juvenile, upon conviction or other adjudication of any offense if

the person has a prior felony on record.

(c) An adult arrested or charged with any felony.

336.4 PROCEDURE

When an individual is required to provide a biological sample, a trained employee shall obtain the

sample in accordance with this policy.

336.4.1 COLLECTION

The following steps should be taken to collect a sample:

(a) Verify that the individual is required to provide a sample pursuant to Penal Code §

296; Penal Code § 296.1.

(b) Verify that a biological sample has not been previously collected from the offender

by querying the individual’s criminal history record for a DNA collection flag or, during

regular business hours, calling the California Department of Justice (DOJ) designated

DNA laboratory. There is no need to obtain a biological sample if one has been

previously obtained.

(c) Use a DNA buccal swab collection kit provided by the California DOJ to perform the

collection and take steps to avoid cross contamination.

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336.5 USE OF FORCE TO OBTAIN SAMPLES

If a person refuses to cooperate with the sample collection process, officers should attempt to

identify the reason for refusal and seek voluntary compliance without resorting to using force.

Force will not be used in the collection of samples except as authorized by court order and only

with the approval of a supervisor. Methods to consider when seeking voluntary compliance include

contacting:

(a) The person’s parole or probation officer when applicable.

(b) The prosecuting attorney to seek additional charges against the person for failure to

comply or to otherwise bring the refusal before a judge.

(c) The judge at the person’s next court appearance.

(d) The person’s attorney.

(e) A chaplain.

(f) Another custody facility with additional resources, where an arrestee can be

transferred to better facilitate sample collection.

(g) A supervisor who may be able to authorize custodial disciplinary actions to compel

compliance, if any are available.

The supervisor shall review and approve any plan to use force and be present to document the

process.

336.5.1 VIDEO RECORDING

A video recording should be made anytime force is used to obtain a biological sample. The

recording should document all staff participating in the process, in addition to the methods and

all force used during the collection. The recording should be part of the investigation file, if any,

or otherwise retained in accordance with the department’s records retention schedule (15 CCR

1059).

336.5.2 CELL EXTRACTIONS

If the use of force includes a cell extraction, the extraction shall be video recorded, including

audio. Video shall be directed at the cell extraction event. The video recording shall be retained

by the Department for the length of time required by statute. Notwithstanding the use of the video

as evidence in a criminal proceeding, the tape shall be retained administratively (15 CCR 1059).

336.6 LEGAL MANDATES AND RELEVANT LAWS

California law provides for the following:

336.6.1 DOCUMENTATION RELATED TO FORCE

The Watch Commander shall prepare prior written authorization for the use of any force (15 CCR

1059). The written authorization shall include information that the subject was asked to provide

the requisite specimen, sample or impression and refused, as well as the related court order

authorizing the force.

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336.6.2 BLOOD SAMPLES

A blood sample should only be obtained under this policy when:

(a) The California DOJ requests a blood sample and the subject consents, or

(b) A court orders a blood sample following a refusal.

The withdrawal of blood may only be performed in a medically approved manner by health care

providers trained and qualified to draw blood. A California DOJ collection kit shall be used for this

purpose (Penal Code § 298(a); Penal Code § 298(b)(2)).

336.6.3 LITIGATION

The Chief of Police or authorized designee should notify the California DOJ’s DNA Legal Unit in

the event this department is named in a lawsuit involving the DNA Data Bank sample collection,

sample use or any aspect of the state’s DNA Data Bank Program.

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Chaplains

337.1 PURPOSE AND SCOPE

This policy establishes the guidelines for Sonoma State University Police Department chaplains

to provide counseling or emotional support to members of the Department, their families and

members of the public.

337.2 POLICY

The Sonoma State University Police Department shall ensure that department chaplains are

properly appointed, trained and supervised to carry out their responsibilities without financial

compensation.

337.3 ELIGIBILITY

Requirements for participation as a chaplain for the Department 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 an appropriate-level background investigation.

(e) A minimum of five years of successful counseling experience.

(f) Possession of a valid driver license.

The Chief of Police may apply exceptions for eligibility based on organizational needs and the

qualifications of the individual.

337.4 RECRUITMENT, SELECTION AND APPOINTMENT

The Sonoma State University Police Department shall endeavor to recruit and appoint only

those applicants who meet the high ethical, moral and professional standards set forth by

this department.

All applicants shall be required to meet and pass the same pre-employment procedures

as department personnel before appointment.

337.4.1 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 Chief of Police and the chaplain coordinator.

(d) Successfully complete an appropriate-level background investigation.

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(e) Complete an appropriate probationary period as designated by the Chief of Police.

Chaplains are volunteers and serve at the discretion of the Chief of Police. 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 Chief of Police or

the authorized designee.

337.5 IDENTIFICATION AND UNIFORMS

As representatives of the Department, chaplains are responsible for presenting a professional

image to the community. Chaplains shall dress appropriately for the conditions and performance

of their duties. Uniforms and necessary safety equipment will be provided for each chaplain.

Identification symbols worn by chaplains shall be different and distinct from those worn by

officers through the inclusion of "Chaplain" on the uniform and not reflect any religious affiliation.

Chaplains will be issued Sonoma State University Police Department identification cards, which

must be carried at all times while on-duty. The identification cards will be the standard Sonoma

State University Police Department identification cards, with the exception that “Chaplain” will be

indicated on the cards. Chaplains shall be required to return any issued uniforms or department

property at the termination of service.

Chaplains shall conform to all uniform regulations and appearance standards of this department.

337.6 CHAPLAIN COORDINATOR

The Chief of Police shall delegate certain responsibilities to a chaplain coordinator. The

coordinator shall be appointed by and directly responsible to the Administration Lieutenant or the

authorized designee.

The chaplain coordinator shall serve as the liaison between the chaplains and the Chief of

Police. The function of the coordinator is to provide a central coordinating point for effective

chaplain management within the Department, and to direct and assist efforts to jointly provide more

productive chaplain services. Under the general direction of the Chief of Police or the authorized

designee, chaplains shall report to the chaplain coordinator and/or Watch Commander.

The chaplain coordinator may appoint a senior chaplain or other 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.

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(g) Completing and disseminating, as appropriate, all necessary paperwork and

information.

(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.

337.7 DUTIES AND RESPONSIBILITIES

Chaplains assist the Department, its members and the community, as needed. Assignments of

chaplains will usually be to augment the Patrol Section . Chaplains may be assigned to other areas

within the Department as needed. Chaplains should be placed only in assignments or programs

that are consistent with their knowledge, skills, abilities and the needs of the Department.

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 Department or the public into a

religious affiliation while representing themselves as chaplains with this department. 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 Sonoma State University Police

Department.

337.7.1 COMPLIANCE

Chaplains are volunteer members of this department, and except as otherwise specified within

this policy, are required to comply with the Volunteer Program Policy and other applicable policies.

337.7.2 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 Sonoma State University Police

Department 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 Chief of Police or the authorized designee.

(d) Chaplains shall be permitted to ride with officers during any shift and observe Sonoma

State University Police Department operations, provided the Watch Commander has

been notified and has approved the activity.

(e) Chaplains shall not be evaluators of members of the Department.

(f) In responding to incidents, a chaplain shall never function as an officer.

(g) When responding to in-progress calls for service, chaplains may be required to stand-

by in a secure area until the situation has been deemed safe.

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(h) Chaplains shall serve only within the jurisdiction of the Sonoma State University Police

Department unless otherwise authorized by the Chief of Police or the authorized

designee.

(i) Each chaplain shall have access to current department member rosters, addresses,

telephone numbers, duty assignments and other information that may assist in his/

her duties. Such information will be considered confidential and each chaplain will

exercise appropriate security measures to prevent distribution of the data.

337.7.3 ASSISTING DEPARTMENT MEMBERS

The responsibilities of a chaplain related to department members 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 members and their families.

(f) Being alert to the needs of members and their families.

337.7.4 ASSISTING THE DEPARTMENT

The responsibilities of a chaplain related to this department include, but are not limited to:

(a) Assisting 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 Watch Commander or

supervisor aids in accomplishing the mission of the Department.

(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 department members.

(e) Attending department 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 Department.

337.7.5 ASSISTING THE COMMUNITY

The duties of a chaplain related to the community include, but are not limited to:

(a) Fostering familiarity with the role of law enforcement in the community.

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(b) Providing an additional link between the community, other chaplain coordinators and

the Department.

(c) Providing liaison with various civic, business and religious organizations.

(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.

337.7.6 CHAPLAIN MEETINGS

All chaplains are required to attend scheduled meetings. Any absences must be satisfactorily

explained to the chaplain coordinator.

337.8 PRIVILEGED COMMUNICATIONS

No person who provides chaplain services to members of the Department may work or volunteer

for the Sonoma State University Police Department in any capacity other than that of chaplain.

Department 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-department counseling resource.

No chaplain shall provide counsel to or receive confidential communications from any Sonoma

State University Police Department member concerning an incident personally witnessed by the

chaplain or concerning an incident involving the chaplain.

337.9 TRAINING

The Department will establish a minimum number of training hours and standards for department

chaplains. The training, as approved by the Training Sergeant, may include:

•

Stress management

•

Death notifications

•

Symptoms of post-traumatic stress

•

Burnout for members of law enforcement and chaplains

•

Legal liability and confidentiality

•

Ethics

•

Responding to crisis situations

•

The law enforcement family

•

Substance abuse

•

Suicide

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•

Officer injury or death

•

Sensitivity and diversity

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Public Safety Video Surveillance System

338.1 PURPOSE AND SCOPE

This policy provides guidance for the placement and monitoring of department 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 Department. It does not apply to mobile audio/video systems, covert audio/video systems or

any other image-capturing devices used by the Department.

338.2 POLICY

The Sonoma State University Police Department 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 campusto 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 campus officials in providing services to the community.

Video surveillance in public areas will be conducted in a legal and ethical manner while recognizing

and protecting constitutional standards of privacy.

338.3 OPERATIONAL GUIDELINES

Only campusapproved 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 Chief of Police 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.

338.3.1 PLACEMENT AND MONITORING

Camera placement will be guided by the underlying purpose or strategy associated with the

overall video surveillance plan. As appropriate, the Chief of Police should confer with other

affected campusdivisions and designated community groups when evaluating camera placement.

Environmental factors, including lighting, location of buildings, presence of vegetation, or other

obstructions, should also be evaluated when determining placement.

The cameras shall only record video images and not sound. Recorded images may be used for

a variety of purposes, including criminal investigations and monitoring of activity around high-

value or high-threat areas. The public video surveillance system may be useful for the following

purposes:

(a) To prevent, deter, and identify criminal activity.

(b) To target identified areas of gang and narcotics complaints or activity.

(c) To respond to critical incidents.

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(d) To assist in identifying, apprehending, and prosecuting offenders.

(e) To document officer and offender conduct during interactions to safeguard the rights

of the public and officers.

(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.. When activity warranting further investigation is reported or detected at

any camera location, the available information should be provided to responding officers in a timely

manner. The Watch Commandermay be authorized to adjust the cameras to more effectively view

a particular area for any legitimate public safety purpose.

The Chief of Police may authorize video feeds from the public safety video surveillance system to

be forwarded to a specified location for monitoring by other than police 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.

338.3.2 INTEGRATION WITH OTHER TECHNOLOGY

The Department 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 department

strategy.

The Department 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.

338.4 VIDEO SUPERVISION

Supervisors should monitor video surveillance access and usage to ensure members are

within department policy and applicable laws. Supervisors should ensure such use and access

is appropriately documented.

338.4.1 VIDEO LOG

A log should be maintained at all locations where video surveillance monitors are located. The

log should be used to document all persons not assigned to the monitoring locations who have

been given access to view or monitor images provided by the video surveillance cameras. The

logs should, at a minimum, record the:

(a) Date and time access was given.

(b) Name and agency of the person being given access to the images.

(c) Name of person authorizing access.

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(d) Identifiable portion of images viewed.

338.4.2 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.

Video surveillance equipment shall not be used to harass, intimidate, or discriminate against any

individual or group.

338.5 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 the CSU Legal Counsel. 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).

338.5.1 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.

338.6 RELEASE OF VIDEO IMAGES

All recorded video images gathered by the public safety video surveillance equipment are for the

official use of the Sonoma State University Police Department.

Requests for recorded video images from the public or the media shall be processed in the same

manner as requests for department 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.

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Recorded video images that are the subject of a court order or subpoena shall be processed in

accordance with the established department subpoena process.

338.7 VIDEO SURVEILLANCE AUDIT

The Chief of Police or the authorized designee will conduct an annual review of the public

safety video surveillance system. The review should include an analysis of the cost, benefit and

effectiveness of the system, including any public safety issues that were effectively addressed or

any significant prosecutions that resulted, and any systemic operational or administrative issues

that were identified, including those related to training, discipline or policy.

The results of each review shall be appropriately documented and maintained by the Chief of

Police or the authorized designee and other applicable advisory bodies. Any recommendations

for training or policy should be promptly addressed.

338.8 TRAINING

All department members authorized to operate or access public video surveillance systems shall

receive appropriate training. Training should include guidance on the use of cameras, interaction

with dispatch and patrol operations and a review regarding relevant policies and procedures,

including this policy. Training should also address state and federal law related to the use of video

surveillance equipment and privacy.

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Child and Dependent Adult Safety

339.1 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 department (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 Senior and Disability

Victimization policies.

339.2 POLICY

It is the policy of this department to mitigate, to the extent reasonably possible, the stressful

experience individuals may have when their parent or caregiver is arrested. The Sonoma State

University Police Department 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.

339.3 PROCEDURES DURING AN ARREST

When encountering an arrest or prolonged detention situation, officers 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,

officers 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. Officers 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, officers 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, officers 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 officer at the scene should

explain the reason for the arrest in age-appropriate language and offer reassurance to the child

or dependent adult that he/she will receive appropriate care.

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339.3.1 AFTER AN ARREST

Whenever an arrest is made, the officer should take all reasonable steps to ensure the safety of

the arrestee’s disclosed or discovered children or dependent adults.

Officers 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. Officers 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), officers 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 officer 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 the Division of Aging and Adult 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 officer 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.

339.3.2 DURING THE BOOKING PROCESS

During the booking process the arrestee shall be allowed to make additional telephone calls to

relatives or other responsible individuals as is reasonably necessary to arrange for the care of any

child or dependent adult. These telephone calls should be given as soon as practicable and are

in addition to any other telephone calls allowed by law (Penal Code § 851.5(c)).

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If an arrestee is unable to resolve the care of any child or dependent adult through this process,

a supervisor should be contacted to determine the appropriate steps to arrange for care. These

steps may include additional telephone calls or contacting a local, county or state services agency.

339.3.3 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

339.3.4 SUPPORT AND COUNSELING REFERRAL

If, in the judgment of the handling officers, 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.

339.4 DEPENDENT WELFARE SERVICES

Whenever an arrestee is unwilling or incapable of arranging for the appropriate care of any

child or dependent adult, the handling officer should contact the appropriate welfare service or

other department-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 police facility, transported in a marked patrol car, or taken into formal protective

custody.

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Under no circumstances should a child or dependent adult be left unattended or without

appropriate care.

339.5 TRAINING

The Training Sergeant is responsible to ensure that all personnel of this department who may

be involved in arrests affecting children or dependent adults receive approved POST-approved

training on effective safety measures when a parent, guardian or caregiver is arrested (Penal

Code § 13517.7).

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Service Animals

340.1 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).

340.1.1 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)).

340.2 POLICY

It is the policy of the Sonoma State University Police Department to provide services and access

to persons with service animals in the same manner as those without service animals. Department

members shall protect the rights of persons assisted by service animals in accordance with state

and federal law.

340.3 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:

•

Guiding people who are blind or have low vision.

•

Alerting people who are deaf or hard of hearing.

•

Retrieving or picking up items, opening doors or flipping switches for people who have

limited use of their hands, arms or legs.

•

Pulling wheelchairs.

•

Providing physical support and assisting with stability and balance.

•

Doing work or performing tasks for persons with traumatic brain injury, intellectual

disabilities or psychiatric disabilities, such as reminding a person with depression to

take medication.

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•

Alerting a person with anxiety to the onset of panic attacks, providing tactile

stimulation to calm a person with post-traumatic stress disorder, assisting people with

schizophrenia to distinguish between hallucinations and reality, and helping people

with traumatic brain injury to locate misplaced items or follow daily routines.

340.4 MEMBER RESPONSIBILITIES

Service animals that are assisting individuals with disabilities are permitted in all public facilities

and areas where the general public is allowed. Department members are expected to treat

individuals with service animals with the same courtesy and respect that the Sonoma State

University Police Department affords to all members of the public (28 CFR 35.136).

340.4.1 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.

340.4.2 CONTACT

Service animals are not pets. Department 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.

340.4.3 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, an officer

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 department are expected to provide all services as

are reasonably available to an individual with a disability, with or without a service animal.

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340.4.4 COMPLAINTS

When handling calls of a complaint regarding a service animal, members of this department 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, officers should take no enforcement action

beyond keeping the peace. Individuals who believe they have been discriminated against as a

result of a disability should be referred to the Civil Rights Division of the U.S. Department of Justice

(DOJ).

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Off-Duty Law Enforcement Actions

342.1 PURPOSE AND SCOPE

The decision to become involved in a law enforcement action when off-duty can place an officer

as well as others at great risk and must be done with careful consideration. This policy is intended

to provide guidelines for officers of the Sonoma State University Police Department with respect

to taking law enforcement action while off-duty.

342.2 POLICY

Initiating law enforcement action while off-duty is generally discouraged. Officers 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.

Officers are not expected to place themselves in unreasonable peril. However, any sworn member

of this department 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, officers

should first consider reporting and monitoring the activity and only take direct action as a last

resort.

342.3 FIREARMS

Officers of this department may carry firearms while off-duty in accordance with federal regulations

and department policy. All firearms and ammunition must meet guidelines as described in the

department Firearms Policy. When carrying firearms while off-duty officers shall also carry their

department-issued identification.

Officers 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 officer 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 officer’s senses

or judgment.

342.4 DECISION TO INTERVENE

There is no legal requirement for off-duty officers to take law enforcement action. However, should

officers decide to intervene, they must evaluate whether the action is necessary or desirable, and

should take into consideration the following:

(a)

The tactical disadvantage of being alone and the fact there may be multiple or hidden

suspects.

(b)

The inability to communicate with responding units.

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(c)

The lack of equipment, such as handcuffs, OC or baton.

(d)

The lack of cover.

(e)

The potential for increased risk to bystanders if the off-duty officer were to intervene.

(f)

Unfamiliarity with the surroundings.

(g)

The potential for the off-duty officer to be misidentified by other peace officers or

members of the public.

Officers should consider waiting for on-duty uniformed officers to arrive, and gather as much

accurate intelligence as possible instead of immediately intervening.

342.4.1 INTERVENTION PROCEDURE

If involvement is reasonably necessary the officer 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

officer is on-scene and should be provided a description of the officer if possible.

Whenever practicable, the officer should loudly and repeatedly identify him/herself as an Sonoma

State University Police Department officer until acknowledged. Official identification should also

be displayed.

342.4.2 INCIDENTS OF PERSONAL INTEREST

Officers should refrain from handling incidents of personal interest, (e.g., family or neighbor

disputes) and should remain neutral. In such circumstances officers should call the responsible

agency to handle the matter.

342.4.3 PROFESSIONAL STAFF RESPONSIBILITIES

Professional Staff 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.

342.4.4 OTHER CONSIDERATIONS

When encountering a non-uniformed officer in public, uniformed officers should wait for

acknowledgement by the non-uniformed officer in case he/she needs to maintain an undercover

capability.

342.5 REPORTING

Any off-duty officer 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.

Officers should cooperate fully with the agency having jurisdiction in providing statements or

reports as requested or as appropriate.

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Gun Violence Restraining Orders

343.1 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).

343.1.1 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).

343.2 POLICY

It is the policy of the Sonoma State University Police Department to petition and serve gun

violence restraining orders in compliance with state law and to properly account for firearms and

ammunition obtained by the Department pursuant to such orders.

343.3 GUN VIOLENCE RESTRAINING ORDER COORDINATOR

The Chief of Police 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 department 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.

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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.

(c) Developing and maintaining procedures for the 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 Lieutenant 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 Sergeant to provide officers 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, department 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 Department.

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

officer of the hearing date and the responsibility to appear (Penal Code § 18108).

343.4 GUN VIOLENCE RESTRAINING ORDERS

An officer 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.

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343.4.1 ADDITIONAL CONSIDERATIONS

Officers should also consider requesting permission to petition the court for a gun violence

restraining order (Penal Code § 18108):

(a) When responding to a domestic disturbance where the residence is associated with

a firearm registration or record.

(b) When responding to any call or incident when a firearm is present or when one of the

involved parties owns or possesses a firearm.

(c) During a contact with a person exhibiting mental health issues, including suicidal

thoughts, statements, or actions if that person owns or possesses a firearm.

Officers should consider obtaining a mental health evaluation if the encounter involves a situation

where there is a reasonable cause to believe that the person poses an immediate and present

danger of causing personal injury to themselves or another person by having custody or control

of a firearm (see the Mental Illness Commitments Policy) (Penal Code § 18108).

343.5 SERVICE OF GUN VIOLENCE RESTRAINING ORDERS

An officer 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).

(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 Lieutenant for prompt entry into the California Restraining and Protective Order

System (Penal Code § 18115).

The officer 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.

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343.5.1 TEMPORARY EMERGENCY GUN VIOLENCE RESTRAINING ORDERS

An officer 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 Lieutenant for filing with the court and appropriate

databases.

343.6 SEARCH WARRANTS

If a person who has been served with a gun violence restraining order refuses to surrender any

firearm or ammunition, the officer 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 officer 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.

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 officer shall not search the contents of the safe

unless the owner consents or there is a valid search warrant for the safe. Any search

of the safe must be done in the owner’s presence.

343.7 LIEUTENANT RESPONSIBILITIES

The Lieutenant is responsible for ensuring:

(a) Proof of service of any gun violence restraining order served by an officer 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 an officer, 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).

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(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 Department 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).

343.8 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.

343.9 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.

343.10 RENEWAL OF GUN VIOLENCE RESTRAINING ORDERS

The Investigations Unit supervisor is responsible for the review of a gun violence restraining order

obtained by the Department to determine if renewal should be requested within the time prescribed

by law (Penal Code § 18190).

343.11 POLICY AVAILABILITY

The Chief of Police or the authorized designee shall be responsible for making this policy available

to the public upon request (Penal Code § 18108).

343.12 TRAINING

The Training Sergeant should ensure that members receive periodic training on the requirements

of this policy (Penal Code § 18108).

Policy

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Native American Graves Protection and

Repatriation

344.1 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.).

344.1.1 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.

344.2 POLICY

It is the policy of the Sonoma State University Police Department 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.

344.3 COMPLIANCE WITH THE NATIVE AMERICAN GRAVES PROTECTION AND

REPATRIATION ACT

Upon discovery or arrival upon a scene where it reasonably appears that a Native American grave,

human remains, funerary objects, associated funerary objects, sacred objects or objects of cultural

patrimony are exposed or otherwise unsecured, members shall secure the site in the same manner

as a crime scene. All activity at the scene other than scene preservation activity must cease (43

CFR 10.4).

No photography or video recording may be permitted by the media or any group or individual who

may wish to exhibit the remains.

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Without delay, the appropriate agency or group shall be notified to respond and take control of

the scene. These include the following (43 CFR 10.4):

•

Federal land - Appropriate agency at the U.S. Department of the Interior or U.S.

Department of Agriculture

•

State land/Private land - Coroner, when appropriate (Health and Safety Code §

7050.5)

•

Tribal land - Responsible Indian tribal official

344.4 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).

Policy

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Community Relations

345.1 PURPOSE AND SCOPE

The purpose of this policy is to provide guidelines for community relationship-building.

Additional guidance on community relations and outreach is provided in other policies, including

the:

•

Hate Crimes Policy.

•

Limited English Proficiency Services Policy.

•

Communications with Persons with Disabilities Policy.

•

Chaplains Policy.

•

Patrol Function Policy.

•

Suspicious Activity Reporting Policy.

345.2 POLICY

It is the policy of the Sonoma State University Police Department to promote positive relationships

between members of the department and the community by treating community members with

dignity and respect and engaging them in public safety strategy development and relationship-

building activities, and by making relevant policy and operations information available to the

community in a transparent manner.

345.3 MEMBER RESPONSIBILITIES

Officers should, as time and circumstances reasonably permit:

(a) Make casual and consensual contacts with community members to promote positive

community relationships (see the Detentions and Photographing Detainees Policy).

(b) Become reasonably familiar with the schools, businesses and community groups in

their assigned jurisdictional areas.

(c) Work with community members and the department community relations coordinator

to identify issues and solve problems related to community relations and public safety.

(d) Conduct periodic foot patrols of their assigned areas to facilitate interaction with

community members. Officers carrying out foot patrols should notify an appropriate

supervisor and Dispatch of their status (i.e., on foot patrol) and location before

beginning and upon completion of the foot patrol. They should also periodically

inform Dispatch of their location and status during the foot patrol.

345.4 COMMUNITY RELATIONS COORDINATOR

The Chief of Police or the authorized designee should designate a member of the Department to

serve as the community relations coordinator. He/she should report directly to the Chief of Police

or authorized designee and is responsible for:

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(a) Obtaining department-approved training related to his/her responsibilities.

(b) Responding to requests from department members and the community for assistance

in identifying issues and solving problems related to community relations and public

safety.

(c) Organizing surveys to measure the condition of the department’s relationship with the

community.

(d) Working with community groups, department members and other community

resources to:

1. Identify and solve public safety problems within the community.

2. Organize programs and activities that help build positive relationships

between department members and the community and provide community

members with an improved understanding of department operations.

(e) Working with the Patrol Lieutenant to develop patrol deployment plans that

allow officers the time to participate in community engagement and problem-solving

activities.

(f) Recognizing department and community members for exceptional work or

performance in community relations efforts.

(g) Attending State council and other community meetings to obtain information on

community relations needs.

(h) Assisting with the department’s response to events that may affect community

relations, such as an incident where the conduct of a department member is called

into public question.

(i) Informing the Chief of Police and others of developments and needs related to the

furtherance of the department’s community relations goals, as appropriate.

345.5 SURVEYS

The community relations coordinator should arrange for a survey of community members

and department members to be conducted at least annually to assess the condition of the

relationship between the Department and the community. Survey questions should be designed

to evaluate perceptions of the following:

(a) Overall performance of the Department

(b) Overall competence of department members

(c) Attitude and behavior of department members

(d) Level of community trust in the Department

(e) Safety, security or other concerns

A written summary of the compiled results of the survey should be provided to the Chief of Police.

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345.6 COMMUNITY AND YOUTH ACTIVITIES AND PROGRAMS

The community relations coordinator should organize or assist with programs and activities that

create opportunities for department members and community members, especially youth, to

interact in a positive setting. Examples of such programs and events include:

(a) Department-sponsored athletic programs (e.g., baseball, basketball, soccer, bowling).

(b) Police-community get-togethers (e.g., cookouts, meals, charity events).

(c) Youth leadership and life skills mentoring.

(d) School resource officer/Drug Abuse Resistance Education (D.A.R.E.®) programs.

(e) Neighborhood Watch and crime prevention programs.

345.7 INFORMATION SHARING

The community relations coordinator should work with the Public Information Officer to develop

methods and procedures for the convenient sharing of information (e.g., major incident

notifications, significant changes in department operations, comments, feedback, positive events)

between the Department and community members. Examples of information-sharing methods

include:

(a) Community meetings.

(b) Social media (see the Department Use of Social Media Policy).

(c) Department website postings.

Information should be regularly refreshed, to inform and engage community members

continuously.

345.8 LAW ENFORCEMENT OPERATIONS EDUCATION

The community relations coordinator should develop methods to educate community members

on general law enforcement operations so they may understand the work that officers do to keep

the community safe. Examples of educational methods include:

(a) Development and distribution of informational cards/flyers.

(b) Department website postings.

(c) Presentations to driver education classes.

(d) Instruction in schools.

(e) Department ride-alongs (see the Ride-Along Policy).

(f) Scenario/Simulation exercises with community member participation.

(g) Youth internships at the Department.

(h) Citizen academies.

Instructional information should include direction on how community members should interact with

the police during enforcement or investigative contacts and how community members can make

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a complaint to the department regarding alleged misconduct or inappropriate job performance

by department members.

345.9 SAFETY AND OTHER CONSIDERATIONS

Department members responsible for community relations activities should consider the safety of

the community participants and, as much as reasonably practicable, not allow them to be present

in any location or situation that would jeopardize their safety.

Department members in charge of community relations events should ensure that participating

community members have completed waiver forms before participation, if appropriate. A parent or

guardian must complete the waiver form if the participating community member has not reached

18 years of age.

Community members are subject to a criminal history check before approval for participation in

certain activities, such as citizen academies.

345.10 COMMUNITY ADVISORY COMMITTEE

The Chief of Police should establish a committee of volunteers consisting of community members,

community leaders and other community stakeholders (e.g., representatives from schools,

churches, businesses, social service organizations). The makeup of the committee should reflect

the demographics of the community as much as practicable.

The committee should convene regularly to:

(a) Provide a public forum for gathering information about public safety concerns in the

community.

(b) Work with the Department to develop strategies to solve public safety problems.

(c) Generate plans for improving the relationship between the Department and the

community.

(d) Participate in community outreach to solicit input from community members, including

youth from the community.

The Training Sergeant should arrange for initial and ongoing training for committee members on

topics relevant to their responsibilities.

The Chief of Police may include the committee in the evaluation and development of department

policies and procedures and may ask them to review certain personnel complaints for the purpose

of providing recommendations regarding supervisory, training or other issues as appropriate.

345.10.1 LEGAL CONSIDERATIONS

The Chief of Police and the community relations coordinator should work with the CSU Legal

Counsel as appropriate to ensure the committee complies with any legal requirements such as

public notices, records maintenance and any other associated obligations or procedures.

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345.11 TRANSPARENCY

The Department should periodically publish statistical data and analysis regarding

the department’s operations. The reports should not contain the names of officers, suspects

or case numbers. The community relations coordinator should work with the community

advisory committee to identify information that may increase transparency regarding department

operations.

345.12 TRAINING

Subject to available resources, members should receive training related to this policy, including

training on topics such as:

(a) Effective social interaction and communication skills.

(b) Cultural, racial and ethnic diversity and relations.

(c) Building community partnerships.

(d) Community policing and problem-solving principles.

(e) Enforcement actions and their effects on community relations.

Where practicable and appropriate, community members, especially those with relevant expertise,

should be involved in the training to provide input from a community perspective.

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Chapter 4 - Patrol Operations

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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 POLICY

The Sonoma State University Police Department 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 department members.

400.3 FUNCTION

Patrol will generally be conducted by uniformed officers in clearly marked law enforcement

vehicles in assigned jurisdictional areas of Sonoma State University. 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 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.

400.4 INFORMATION SHARING

To the extent feasible, all information relevant to the mission of the Department should be shared

among all sections 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 sections or specialized units.

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Additionally, information should be shared with outside agencies and the public in conformance

with department policies and applicable laws. Members are encouraged to share information with

other units and sections.

400.5 CROWDS, EVENTS AND GATHERINGS

Officers may encounter gatherings of people, including but not limited to, civil demonstrations,

civic, social and business events, public displays, parades and sporting events. Officers 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.

Officers 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, officers 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.

Officers are encouraged to contact organizers or responsible persons to seek voluntary

compliance that may address relevant public safety/order concerns.

Officers 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.

400.5.1 CAMPUS LIAISON

A college or university in this jurisdiction should designate a liaison between our department

and students exercising rights guaranteed by the First Amendment to the United States

Constitution, a similar provision of the California Constitution or both (Education Code § 66303).

The designated department staff member will work with this liaison regarding relevant issues,

scheduled events, training and crowd control.

Policy

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Bias-Based Policing

401.1 PURPOSE AND SCOPE

This policy provides guidance to department members that affirms the Sonoma State University

Police Department'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 department'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 Sonoma State University Police Department 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 department 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 an officer from considering protected

characteristics in combination with credible, timely and distinct information connecting a person or

people of a specific characteristic to a specific unlawful incident, or to specific unlawful incidents,

specific criminal patterns or specific schemes.

401.3.1 CALIFORNIA RELIGIOUS FREEDOM ACT

Members shall not collect information from a person based on religious belief, practice, affiliation,

national origin or ethnicity unless permitted under state or federal law (Government Code §

8310.3).

Members shall not assist federal government authorities (Government Code § 8310.3):

(a) In compiling personal information about a person’s religious belief, practice, affiliation,

national origin or ethnicity.

(b) By investigating, enforcing or assisting with the investigation or enforcement of any

requirement that a person register with the federal government based on religious

belief, practice, or affiliation, or national origin or ethnicity.

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401.4 MEMBER RESPONSIBILITIES

Every member of this department 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

Officers 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 officer 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 officer

to document a contact that would not otherwise require reporting.

401.4.2 REPORTING OF STOPS

Unless an exception applies under 11 CCR 999.227, an officer 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 officers conduct a stop, the officer 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 Sonoma State University Police Department is

the primary agency, the Sonoma State University Police Department officer 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 officer’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 officer 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 Digital Computer (MDC) data and any other available resource

used to document contact between officers and the public to ensure compliance with

the policy.

1. Supervisors should document these periodic reviews.

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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 department who discloses information concerning

bias-based policing.

401.6 REPORTING TO CALIFORNIA DEPARTMENT OF JUSTICE

The Chief of Police or designee Manager shall ensure that all data required by the California

Department of Justice (DOJ) regarding complaints of racial bias against officers is collected and

provided to the Lieutenant for required reporting to the DOJ (Penal Code § 13012; Penal Code

§ 13020). See the Records Section Policy.

Supervisors should ensure that data stop reports are provided to the Lieutenant for required annual

reporting to the DOJ (Government Code § 12525.5) (See Records Bureau Policy).

401.7 ADMINISTRATION

Each year, the Patrol Lieutenant should review the efforts of the Department to provide fair and

objective policing and submit an annual report, including public concerns and complaints, to the

Chief of Police.

The annual report should not contain any identifying information about any specific complaint,

member of the public or officers. It should be reviewed by the Chief of Police 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.

401.8 TRAINING

Training on fair and objective policing and review of this policy should be conducted as directed

by the Training Section.

(a)

All sworn members of this department 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 department are encouraged to familiarize themselves with and consider racial

and cultural differences among members of this community.

(c)

Each sworn member of this department 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)).

Policy

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Briefing Training

402.1 PURPOSE AND SCOPE

Briefing training is generally conducted at the beginning of the officer’s assigned shift. Briefing

provides an opportunity for important exchange between employees and supervisors. A supervisor

generally will conduct Briefing; however officers may conduct Briefing for training purposes with

supervisor approval.

Briefing should accomplish, at a minimum, the following basic tasks:

(a) Briefing officers 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 officers of changes in schedules and assignments

(c) Notifying officers of new Special Orders or changes in Special Orders that have been

approved

(d) Reviewing recent incidents for training purposes

(e) Providing training on a variety of subjects

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 officer 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

Sergeant for inclusion in training records, as appropriate.

Policy

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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 Sonoma State University Police Department 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 officer at the scene of a crime or major incident is generally responsible for the immediate

safety of the public and preservation of the scene. Officers 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 an officer has assumed or been assigned to maintain the integrity and

security of the crime or disaster scene, the officer 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.

(j) Start a chronological log noting critical times and personnel allowed access.

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403.5 SEARCHES

Officers 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 officers 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. Officers 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, officers 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 department 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).

Policy

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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 Sonoma State University Police Department Ride-Along Program is offered to residents,

students and those employed within the State. 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 15 years of age

•

Prior criminal history

•

Pending criminal action

•

Pending lawsuit against the Department

•

Denial by any supervisor

405.1.2 AVAILABILITY

The Ride-Along Program is available on most days of the week, with certain exceptions. The

ride-along times are from 10:00 a.m. to 11:00 p.m. Exceptions to this schedule may be made as

approved by the Chief of Police, Lieutenant, or Watch Commander.

405.2 PROCEDURE TO REQUEST A RIDE-ALONG

Generally, ride-along requests will be scheduled by the Sergeant. 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 Sergeant will schedule a date, based on availability, at least one week after the date of

application. If approved, a copy will be forwarded to the respective Watch Commander as soon

as possible for his/her scheduling considerations.

If the ride-along is denied after the request has been made, a representative of the Department

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, RSVP, Chaplains, Reserves, police

applicants, and all others with approval of the Watch Commander.

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An effort will be made to ensure that no more than one citizen will participate in a ride-along during

any given time period. Normally, no more than one ride-along will be allowed in the officer's vehicle

at a given time.

Ride-along requirements for police cadets are covered in the Police Cadets Policy.

405.2.2 SUITABLE ATTIRE

Any person approved to ride along is required to be suitably dressed in collared shirt, blouse or

jacket, slacks 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 police vehicle. The Watch 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 department or any other law enforcement agency will not be permitted

to ride-along with on-duty officers without the expressed consent of the Watch 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 Sonoma State University Police

Department) (CLETS Policies, Practices and Procedures Manual § 1.6.1.F.2.).

405.3 OFFICER’S RESPONSIBILITY

The officer shall advise the dispatcher that a ride-along is present in the vehicle before going into

service. Officers shall consider the safety of the ride-along at all times. Officers 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 police unit respond to pick up the participant at that location.

The ride-along may be continued or terminated at this time.

The Watch Commander is responsible for maintaining and scheduling ride-alongs. Upon

completion of the ride-along, the yellow form shall be returned to the Watch Commander with any

comments which may be offered by the officer.

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 the officer

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(b) The ride-along will not become involved in any investigation, handling of evidence,

discussions with victims or suspects, or handling any police equipment

(c) The ride-along may terminate the ride at any time and the officer may return the

observer to their home or to the station if the ride-along interferes with the performance

of the officer’s duties

(d) Ride-alongs may be allowed to continue riding during the transportation and booking

process provided this does not jeopardize their safety

(e) Officers 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 an officer without the expressed consent of the resident or other

authorized person

Policy

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Hazardous Material Response

406.1 PURPOSE AND SCOPE

Hazardous materials present a potential harm to employees resulting from their exposure. To

comply with 8 CCR § 5194, the following is to be the policy of this department.

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)

Notify the Fire Department.

(c)

Provide first-aid for injured parties if it can be done safely and without contamination.

(d)

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.

(e)

Notify the local health authority. Such notification is mandatory when a spilled or

released item is a pesticide (Health and Safety Code § 105215).

(f)

Notify the Department of Toxic Substances Control. This is mandatory when an

officer 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 Code § 25354.5).

406.3 REPORTING EXPOSURE(S)

Department 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

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.

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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.

To ensure the safety of employees, safety equipment is available through supervisory personnel.

Safety items not maintained by the Department will be obtained through the Fire Department.

Policy

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Hostage and Barricade Incidents

407.1 PURPOSE AND SCOPE

The_purpose of this policy is to provide guidelines for situations where officers have legal cause

to contact, detain or arrest a person, and the person refuses to submit to the lawful requests of

the officers 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 officers 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:

(a) Unlawfully held by a hostage-taker as security so that specified terms or conditions

will be met.

(b) Unlawfully held against his/her will under threat or actual use of force.

407.2 POLICY

It is the policy of the Sonoma State University Police Department 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 officers should try to establish and maintain lines

of communication with a barricaded person or hostage-taker. Officers 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, department-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 an officer 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,

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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)):

(a)

The officer 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 officer 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 Penal Code § 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 officers 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 officer should immediately request a supervisor’s response as soon as it is

determined that a hostage or barricade situation exists. The first responding officer shall assume

the duties of the supervisor until relieved by a supervisor or a more qualified responder. The officer

shall continually evaluate the situation, including the level of risk to officers, to the persons involved

and to bystanders, and the resources currently available.

The handling officer 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, officers 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.

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(c) Request additional personnel, resources and equipment as needed (e.g., canine team,

air support).

(d) Provide responding emergency personnel with a safe arrival route to the location.

(e) Evacuate uninjured 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

Department, such as command officers and the Public Information Officer (PIO).

(j) If necessary and available, establish a tactical or exclusive radio frequency for the

incident.

(k) Establish a command post.

407.4.2 HOSTAGE SITUATION

Officers 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 officers 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.

(g) Evacuate uninjured persons in the immediate threat area if it is reasonably safe to

do so.

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(h) Coordinate pursuit or surveillance vehicles and control of travel routes.

(i) Attempt to 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.

(j) 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.

(l) Determine the need for and notify the appropriate persons within and outside the

Department, such as command officers and the PIO.

(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 XXCrisisResponseUnitXX (XXCRUXX) response if appropriate and apprising the XXCRUXX

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 (Penal Code §

11471). The supervisor must ensure the Department obtains a court order, in

accordance with Penal Code § 11472, 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. If six hours is not possible, then the application

for the court order shall be made at the first reasonably available opportunity,

but no later than 24 hours in accordance with Penal Code § 11475.

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(h) Ensure adequate law enforcement coverage for the remainder of the State during the

incident. The supervisor should direct non-essential personnel away from the scene

unless they have been summoned by the supervisor or Dispatch.

(i) Identify a media staging area outside the outer perimeter and have the

department Public Information Officer or a designated temporary media representative

provide media access in accordance with the Media Relations Policy.

(j) 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 XXCRUXX RESPONSIBILITIES

The Incident Commander will decide, with input from the XXCRUXX Commander, whether to

deploy the XXCRUXX during a hostage or barricade situation. Once the Incident Commander

authorizes deployment, the XXCRUXX 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 the XXCRUXX. The Incident Commander and the XXCRUXX 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 officer at the

scene is responsible for completion and/or coordination of incident reports.

Policy

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Response to Bomb Calls

408.1 PURPOSE AND SCOPE

The purpose of this policy is to provide guidelines to assist members of the Sonoma State

University Police Department 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 Sonoma State University Police Department 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

Department 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 department evidence procedures.

The member receiving the bomb threat should ensure that the Watch Commander is immediately

advised and informed of the details. This will enable the 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.

408.4.1 SONOMA STATE UNIVERSITY POLICE DEPARTMENT FACILITY

If the bomb threat is against the Sonoma State University Police Department facility, the Watch

Commander will direct and assign officers as required for coordinating a general building search

or evacuation of the police department, as he/she deems appropriate.

408.4.2 OTHER COUNTY OR MUNICIPAL FACILITY OR PROPERTY

If the bomb threat is against a county or municipal facility within the jurisdiction of the Sonoma

State University Police Department that is not the property of this department, the appropriate

agency will be promptly informed of the threat. Assistance to the other entity may be provided as

the Watch Commander deems appropriate.

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408.4.3 FEDERAL BUILDING OR PROPERTY

If the bomb threat is against a federal building or property, the Federal Protective Service should

be immediately notified. The Federal Protective Service provides a uniformed law enforcement

response for most facilities, which may include use of its Explosive Detector Dog teams.

If the bomb threat is against a federal government property where the Federal Protective Service

is unable to provide a timely response, the appropriate facility’s security or command staff should

be notified.

Bomb threats against a military installation should be reported to the military police or other military

security responsible for the installation.

408.5 PRIVATE FACILITY OR PROPERTY

When a member of this department receives notification of a bomb threat at a location in

the State of Sonoma State University, 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 police assistance at the facility.

(f) Whether there are any internal facility procedures regarding bomb threats in place,

such as:

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 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 police assistance is requested. The Watch

Commander will make the decision whether the Department 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 police

control over the facility.

Should the Watch Commander determine that the Department will assist or control such an

incident, he/she will determine:

(a) The appropriate level of assistance.

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(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 police assistance to clear the interior of a building, based

upon the circumstances and known threat, officers 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.

408.6 FOUND DEVICE

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.

(b) The device should not be touched or moved except by the bomb squad or military

explosive ordnance disposal team.

(c) Personnel should not transmit on any equipment that is capable of producing radio

frequency energy within the evacuation area around the suspected device. This

includes the following:

1. Two-way radios

2. Cell phones

3. Other personal communication devices

(d) The appropriate bomb squad or military explosive ordnance disposal team should be

summoned for assistance.

(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.

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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.

408.7 EXPLOSION/BOMBING INCIDENTS

When an explosion has occurred, there are multitudes of considerations which may confront the

responding officers. 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.

408.7.1 CONSIDERATIONS

Officers 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 department

•

Bomb squad

•

Additional department personnel, such as investigators and forensic services

•

Field supervisor

•

Watch Commander

•

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

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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 Watch

Commander should assign officers 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.

Policy

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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 an officer 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 Sonoma State University Police Department 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 Department 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

(j) Anxiety, aggression, rigidity, inflexibility or paranoia

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Members should be aware that this list is not exhaustive. The presence or absence of any of these

should not be treated as proof of the presence or absence of a mental health issue or crisis.

409.4 COORDINATION WITH MENTAL HEALTH PROFESSIONALS

The Chief of Police should designate an appropriate Lieutenant to collaborate with mental health

professionals to develop an education and response protocol. It should include a list of community

resources, to guide department 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 officers; such a threat

should be addressed with reasonable tactics. Nothing in this policy shall be construed to limit an

officer’s authority to use reasonable force when interacting with a person in crisis.

Officers 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.

An officer 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 officers 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 officer.

(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.

(j) Evaluate any available information that might assist in determining cause or motivation

for the person’s actions or stated intentions.

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(k) If circumstances reasonably permit, consider and employ alternatives to force.

409.6 DE-ESCALATION

Officers 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 officers 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 officer

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 police response.

(c) Contact information for a treating physician or mental health professional.

Additional resources and a supervisor should be requested as warranted.

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409.8 SUPERVISOR RESPONSIBILITIES

A supervisor should 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.

(e) Conduct an after-action tactical and operational debriefing, and prepare an after-action

evaluation of the incident to be forwarded to the Lieutenant.

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 department 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 PROFESSIONAL STAFF INTERACTION WITH PEOPLE IN CRISIS

Professional Staff members may be required to interact with persons in crisis in an administrative

capacity, such as dispatching, records request, and animal control issues.

(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 person

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may be harmful to him/herself or others, an officer should be promptly summoned to provide

assistance.

409.11 EVALUATION

The Lieutenant designated to coordinate the crisis intervention strategy for this department should

ensure that a thorough review and analysis of the department response to these incidents is

conducted annually. The report will not include identifying information pertaining to any involved

individuals, officers or incidents and will be submitted to the Chief of Police through the chain of

command.

409.12 TRAINING

In coordination with the mental health community and appropriate stakeholders, the Department

will develop and provide comprehensive education and training to all department members to

enable them to effectively interact with persons in crisis.

This department 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).

Policy

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Mental Illness Commitments

410.1 PURPOSE AND SCOPE

This policy provides guidelines for when officers 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 Sonoma State University Police Department 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

An officer 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 officer 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, officers 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 an officer encounters an individual who may 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 officers should:

(a)

Transport the person to an appropriate facility that is able to conduct the evaluation

and admit the person pursuant to a 5150 commitment.

(b)

If at any point the person changes his/her mind regarding voluntary evaluation, officers

should proceed with the 5150 commitment, if appropriate.

(c)

Document the circumstances surrounding the individual’s desire to pursue voluntary

evaluation and/or admission.

410.4 CONSIDERATIONS AND RESPONSIBILITIES

Any officer handling a call involving an individual who may qualify for a 5150 commitment should

consider, as time and circumstances reasonably permit:

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(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.

(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 officers from

taking reasonable action to ensure the safety of the officers and others.

Officers 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 officer 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 officer 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 officer shall

only include the name of the responsible person and the location of the property (Welfare and

Institutions Code § 5150).

410.5 TRANSPORTATION

When transporting any individual for a 5150 commitment, the transporting officer should have

Dispatch notify the receiving facility of the estimated time of arrival, the level of cooperation of the

individual and whether any special medical care is needed.

Officers may transport individuals 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 an officer

during the transport, Watch Commander approval is required before transport commences.

410.6 TRANSFER TO APPROPRIATE FACILITY

Upon arrival at the facility, the officer will escort the individual into a treatment area designated

by a facility staff member. If the individual is not seeking treatment voluntarily, the officer 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 officer should not assist facility staff with the

admission process, including restraint of the individual. However, if the individual is transported

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and delivered while restrained, the officer may assist with transferring the individual to facility

restraints and will be available to assist during the admission process, if requested. Under normal

circumstances, officers will not apply facility-ordered restraints.

410.7 DOCUMENTATION

The officer shall complete an application for a 72-Hour detention for evaluation and treatment,

provide it to the facility staff member assigned to that patient and retain a copy of the application

for inclusion in the case report.

The application shall include the circumstances for officer 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 officer should also provide a verbal summary to any evaluating staff member regarding the

circumstances leading to the involuntary detention.

410.7.1 ADVISEMENT

The officer taking a person into custody for evaluation shall advise the person of:

(a) The officer’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 officer must approve,

and may make a telephone call or leave a note indicating where he/she is being

taken. The officer 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).

410.8 CRIMINAL OFFENSES

Officers investigating an individual who is suspected of committing a minor criminal offense and

who is being taken on a 5150 commitment should resolve the criminal matter by issuing a warning

or a Notice to Appear as appropriate.

When an individual who may qualify for a 5150 commitment has committed a serious criminal

offense that would normally result in an arrest and transfer to a jail facility, the officer should:

(a)

Arrest the individual when there is probable cause to do so.

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(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.

(d)

Thoroughly document in the related reports the circumstances that indicate the

individual may qualify for a 5150 commitment.

In the supervisor’s judgment, the individual may instead 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 department to regain custody of the

individual, department resources (e.g., posting a guard) and other relevant factors in making this

decision.

410.9 FIREARMS AND OTHER WEAPONS

Whenever a person is taken into custody for a 5150 commitment, the handling officers 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. Officers 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).

Officers 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 officers 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. Officers 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).

410.9.1 PETITION FOR RETURN OF FIREARMS AND OTHER WEAPONS

Whenever the handling officer has cause to believe that the future return of any confiscated

weapon might endanger the person or others, the officer shall detail those facts and circumstances

in a report. The report shall be forwarded to the Investigations Unit, 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 Department 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 Department 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.

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410.10 TRAINING

This department 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.

Policy

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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 Sonoma State University Police Department 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 Department’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 person's arrest, shall be released from custody on a

citation (Penal Code § 853.6).

The citing officer 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 they deem necessary to ensure that the

defendant understands their 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 officer 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. All bookings shall be approved by

the Watch Commander or the authorized designee.

411.4 NON-RELEASE

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411.4.1 DISQUALIFYING OFFENSES

An adult arrested on any of the following disqualifying charges shall not be released on citation

and shall be transported to the appropriate detention facility or held for court or bail after booking

(Penal Code § 1270.1):

(a) Misdemeanor domestic battery (Penal Code § 243(e)(1))

(b) Felony domestic battery (Penal Code § 273.5)

(c) Serious or violent felonies (Penal Code § 1270.1(a)(1))

(d) Felony intimidation of witnesses and victims (Penal Code § 136.1)

(e) Rape of a spouse (Penal Code § 262)

(f) Violation of a protective order and the arrested person has made threats, used

violence, or has gone to the protected person’s workplace or residence (Penal Code

§ 273.6)

(g) Stalking (Penal Code § 646.9)

(h) Misdemeanor violations of a protective order relating to domestic violence if there is

a reasonable likelihood the offense will continue or the safety of the individuals or

property would be endangered (Penal Code § 853.6)

411.4.2 REASONS FOR NON-RELEASE

A person arrested for a misdemeanor shall be released on a citation unless there is a reason for

non-release. The Watch Commander 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 Department

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 they could be a danger to themselves or to

others. Release may occur as soon as this condition no longer exists.

(b) The person arrested requires medical examination or medical care or is otherwise

unable to care for their own safety

1. The Sonoma State University Police Department shall not release an arrestee

from custody for the purpose of allowing that person to seek medical care at

a hospital, and then immediately re-arrest the same individual upon discharge

from the hospital, unless the hospital determines this action will enable it to bill

and collect from a third-party payment source (Penal Code § 4011.10).

(c) The person is arrested for one or more of the offenses listed in Vehicle Code § 40302,

Vehicle Code § 40303, and Vehicle Code § 40305.

(d) There are one or more outstanding arrest warrants for the person (see Misdemeanor

Warrants elsewhere in this policy).

(e) The person could not provide satisfactory evidence of personal identification.

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1. If a person released on citation does not have satisfactory identification in their

possession, a right thumbprint or fingerprint should be obtained on the citation

form.

(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. Reasons may include:

1. Previous failure to appear is on record

2. The person lacks ties to the area, such as a residence, job, or family

3. Unusual circumstances lead the officer 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. This form shall be submitted to the

Watch Commander for approval and included with the case file in the Records Section.

411.5 MISDEMEANOR WARRANTS

An adult arrested on a misdemeanor warrant may be released, subject to Watch Commander

approval, 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 peace

officer.

(e) The person arrested is a danger to themselves 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 their own safety.

(g) The person has other ineligible charges pending against themselves.

(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.

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(i) The person refuses to sign the notice to appear.

(j) The person cannot provide satisfactory evidence of personal identification.

(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 Sonoma State University State codes

All other misdemeanor violations for juveniles shall be documented with a case number and the

case should be referred to the Investigations Unit for further action including diversion.

411.7 REQUESTING CASE NUMBERS

Many cases involving a criminal citation release can be handled without requesting a case number.

Traffic situations and local code violations can be documented on the reverse side of the records

copy of the citation. Most Penal Code sections will require a case number to document the incident

properly in a report. This section does not preclude an officer from requesting a case number if

the officer feels the situation should be documented more thoroughly in a case report.

Policy

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Foreign Diplomatic and Consular

Representatives

412.1 PURPOSE AND SCOPE

This policy provides guidelines to ensure that members of the Sonoma State University Police

Department extend appropriate privileges and immunities to foreign diplomatic and consular

representatives in accordance with international law.

412.2 POLICY

The Sonoma State University Police Department 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.

Identity or immunity status should not be presumed from the type of license plates displayed on a

vehicle. If there is a question as to the status or the legitimate possession of a Diplomat or Consul

license plate, a query should be run via the National Law Enforcement Telecommunications

System (NLETS), designating “US” as the state.

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412.4 ENFORCEMENT

If the DOS is not immediately available for consultation regarding law enforcement action,

members shall be aware of the following:

(a) Generally, all persons with diplomatic and consular privileges and immunities may be

issued a citation or notice to appear. However, the person may not be compelled to

sign the citation.

(b) All persons, even those with a valid privilege or immunity, may be reasonably

restrained in exigent circumstances for purposes of self-defense, public safety or the

prevention of serious criminal acts.

(c) An impaired foreign diplomatic or consular representative may be prevented from

driving a vehicle, even if the person may not be arrested due to privileges and

immunities.

1. Investigations, including the request for field sobriety tests, chemical tests and

any other tests regarding impaired driving may proceed but they shall not be

compelled.

(d) The following persons may not be detained or arrested, and any property or vehicle

owned by these persons may not be searched or seized:

1. Diplomatic-level staff of missions to international organizations and recognized

family members

2. Diplomatic agents and recognized family members

3. Members of administrative and technical staff of a diplomatic mission and

recognized family members

4. Career consular officers, unless the person is the subject of a felony warrant

(e) The following persons may generally be detained and arrested:

1. International organization staff; however, some senior officers are entitled to the

same treatment as diplomatic agents.

2. Support staff of missions to international organizations

3. Diplomatic service staff and consular employees; however, special bilateral

agreements may exclude employees of certain foreign countries.

4. Honorary consular officers

5. Whenever an officer arrests and incarcerates, or detains for investigation for

over two hours, a person with diplomatic and consular privileges and immunities,

the officer 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 officer shall begin the

notification process.

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412.5 DOCUMENTATION

All contacts with persons who have claimed privileges and immunities afforded foreign diplomatic

and consular representatives should be thoroughly documented and the related reports forwarded

to DOS.

412.6 DIPLOMATIC IMMUNITY TABLE

Reference table on diplomatic immunity:

Category Arrested or

Detained

Enter

Residence

Subject to

Ordinary

Procedures

Issued

Traffic

Citation

Subpoenaed

as Witness

Prosecuted Recognized

Family

Members

Diplomatic

Agent

No

(note (b))

No Yes No No Same as

sponsor (full

immunity &

inviolability)

Member of

Admin and

Tech Staff

No

(note (b))

No Yes No No Same as

sponsor (full

immunity &

inviolability)

Service Staff Yes

(note (a))

Yes Yes Yes No for

official acts.

Yes

otherwise

(note (a))

No immunity

or inviolability

(note (a))

Career

Consul

Officer

Yes if for a

felony and

pursuant to

a warrant

(note (a))

Yes

(note (d))

Yes No for

official acts

Testimony

may not be

compelled

in any case

No for

official acts.

Yes

otherwise

(note (a))

No immunity

or inviolability

Honorable

Consul

Officer

Yes Yes Yes No for

official acts

Yes

otherwise.

No for

official acts

Yes

otherwise

No immunity

or inviolability

Consulate

Employees

Yes

(note (a))

Yes Yes No for

official acts

Yes

otherwise.

No for

official acts.

Yes

otherwise

(note (a))

No immunity

or inviolability

(note (a))

Int’l Org

Staff

(note (b))

Yes

(note (c))

Yes

(note (c))

Yes Yes

(note (c))

No for

official acts.

Yes

otherwise

(note (c))

No immunity

or inviolability

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Diplomatic-

Level Staff

of Missions

to Int’l Org

No

(note (b))

No Yes No No Same as

sponsor (full

immunity &

inviolability)

Support

Staff of

Missions to

Int’l Orgs

Yes Yes Yes Yes No for

official acts

Yes

otherwise

No immunity

or inviolability

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.

Policy

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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 officers in situations that call for rapid response and deployment.

413.2 POLICY

The Sonoma State University Police Department 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 Department in protecting themselves or others from death or serious injury.

413.3 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.

413.4 FIRST RESPONSE

If there is a reasonable belief that acts or threats by a suspect are placing lives in imminent danger,

first responding officers should consider reasonable options to reduce, prevent or eliminate the

threat. Officers 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, officers should take immediate action, if reasonably practicable, while

requesting additional assistance.

Officers 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 officers should consider:

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(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 officer 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 officers have the ability to effectively communicate with other personnel

or resources.

(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, officers

should consider summoning and waiting for additional assistance (special tactics and/or hostage

negotiation team response).

413.5 PLANNING

The Patrol Lieutenant 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.

(j) Coordination with private security providers in critical incident target sites.

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413.6 TRAINING

The Training Sergeant 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 officers

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).

Policy

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Immigration Violations

414.1 PURPOSE AND SCOPE

The purpose of this policy is to provide guidelines to members of the Sonoma State University

Police Department relating to immigration and interacting with federal immigration officials.

414.1.1 DEFINITIONS

The following definitions apply to this policy (Government Code § 7284.4):

Criminal immigration violation - Any federal criminal immigration violation that penalizes a

person’s presence in, entry, or reentry to, or employment in, the United States. This does not

include any offense where a judicial warrant already has been issued.

Immigration enforcement - Any and all efforts to investigate, enforce, or assist in the investigation

or enforcement of any federal civil immigration law, including any and all efforts to investigate,

enforce, or assist in the investigation or enforcement of any federal criminal immigration law that

penalizes a person's presence in, entry or reentry to, or employment in the United States.

Judicial warrant - An arrest warrant for a violation of federal criminal immigration law and issued

by a federal judge or a federal magistrate judge.

414.2 POLICY

It is the policy of the Sonoma State University Police Department 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 department in protecting and

serving the entire community and recognizing the dignity of all persons, regardless of their national

origin or immigration status.

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 IMMIGRATION INQUIRIES PROHIBITED

Officers shall not inquire into an individual’s immigration status for immigration enforcement

purposes (Government Code § 7284.6).

414.4.1 CALIFORNIA LAW ENFORCEMENT TELECOMMUNICATIONS SYSTEM (CLETS)

Members shall not use information transmitted through CLETS for immigration enforcement

purposes except for criminal history information and only when consistent with the California

Values Act (Government Code § 15160).

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Members shall not use the system to investigate immigration violations of 8 USC § 1325 (improper

entry) if that violation is the only criminal history in an individual’s record (Government Code §

15160).

414.5 DETENTIONS AND ARRESTS

An officer shall not detain any individual, for any length of time, for a civil violation of federal

immigration laws or a related civil warrant (Government Code § 7284.6).

An officer who has a reasonable suspicion that an individual already lawfully contacted or detained

has committed a criminal violation of 8 USC § 1326(a) (unlawful reentry) that may be subject to

an enhancement due to a previous conviction of an aggravated felony under 8 USC § 1326(b)

(2), may detain the person for a reasonable period of time to contact federal immigration officials

to verify whether the United States Attorney General has granted the individual permission for

reentry and whether the violation is subject to enhancement (Government Code § 7284.6). No

individual who is otherwise ready to be released should continue to be detained only because

questions about the individual’s status are unresolved.

If the officer has facts that establish probable cause to believe that a person already lawfully

detained has violated 8 USC § 1326(a) and the penalty may be subject to enhancement due to

prior conviction for specified aggravated felonies, he/she may arrest the individual for that offense

(Government Code § 7284.6).

An officer shall not detain any individual, for any length of time, for any other criminal immigration

violation of federal immigration laws (Government Code § 7284.6).

An officer should notify a supervisor as soon as practicable whenever an individual is arrested for

violation of 8 USC § 1326(a).

414.5.1 SUPERVISOR RESPONSIBILITIES

When notified that an officer has arrested an individual for violation of 8 USC § 1326(a) or under

the authority of a judicial warrant, the supervisor should determine whether it is appropriate to:

(a) Transfer the person to federal authorities.

(b) Transfer the person to jail.

414.6 FEDERAL REQUESTS FOR ASSISTANCE

Absent an urgent issue of officer safety or other emergency circumstances, requests by federal

immigration officials for assistance from this department should be directed to a supervisor. The

supervisor is responsible for determining whether the requested assistance would be permitted

under the California Values Act (Government Code § 7284.2 et seq.)..

414.7 INFORMATION SHARING

No member of this department will prohibit, or in any way restrict, any other member from doing

any of the following regarding the citizenship or immigration status, lawful or unlawful, of any

individual (8 USC § 1373; Government Code § 7284.6):

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(a) Sending information to, or requesting or receiving such information from federal

immigration officials

(b) Maintaining such information in department 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.

414.7.1 IMMIGRATION DETAINERS

No individual should be held based solely on a federal immigration detainer under 8 CFR 287.7

(Government Code § 7284.6).

Notification to a federal authority may be made prior to release of an individual who is the subject

of a notification request only if the individual meets one of the following conditions (Government

Code § 7282.5; Government Code § 7284.6):

(a) The individual has been arrested and had a judicial probable cause determination for a

serious or violent felony identified in Penal Code § 667.5(c) or Penal Code § 1192.7(c).

(b) The individual has been arrested and had a judicial probable cause determination for

a felony punishable by time in a state prison.

(c) The individual has been convicted of an offense as identified in Government Code §

7282.5(a).

(d) The individual is a current registrant on the California Sex and Arson Registry.

(e) The individual is identified by the U.S. Department of Homeland Security’s Immigration

and Customs Enforcement as the subject of an outstanding federal felony arrest

warrant.

414.7.2 NOTICE TO INDIVIDUALS

Individuals in custody shall be given a copy of documentation received from U.S. Immigration

and Customs Enforcement (ICE) regarding a hold, notification, or transfer request along with

information as to whether the Sonoma State University Police Department intends to comply with

the request (Government Code § 7283.1).

If the Sonoma State University Police Department provides ICE with notification that an individual

is being, or will be, released on a certain date, the same notification shall be provided in writing to

the individual and to his/her attorney or to one additional person who the individual may designate

(Government Code § 7283.1).

414.7.3 ICE INTERVIEWS

Before any interview regarding civil immigration violations takes place between ICE personnel

and an individual in custody, the Sonoma State University Police Department shall provide the

individual with a written consent form that explains the purpose of the interview, that the interview

is voluntary, and that he/she may decline to be interviewed or may choose to be interviewed only

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with his/her attorney present. The consent form must be available in the languages specified in

Government Code § 7283.1.

414.7.4 TRANSFERS TO IMMIGRATION AUTHORITIES

Members shall not transfer an individual to immigration authorities unless one of the following

circumstances exist (Government Code § 7282.5; Government Code § 7284.6):

(a) Transfer is authorized by a judicial warrant or judicial probable cause determination.

(b) The individual has been convicted of an offense as identified in Government Code §

7282.5(a).

(c) The individual is a current registrant on the California Sex and Arson Registry.

(d) The individual is identified by the U.S. Department of Homeland Security’s Immigration

and Customs Enforcement as the subject of an outstanding federal felony arrest

warrant.

414.7.5 REPORTING TO CALIFORNIA DEPARTMENT OF JUSTICE

The Investigations Unit supervisor shall ensure that data regarding the number of transfers of

an individual to immigration authorities, as permitted by Government Code § 7284.6(a)(4), and

the offense that allowed for the transfer is collected and provided to the Lieutenant for required

reporting to the DOJ (Government Code § 7284.6(c)(2)(see the Records Section Policy).

414.8 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)).

Similar immigration protection, known as a T visa, is available for certain qualifying victims of

human trafficking (8 USC § 1101(a)(15)(T)).

Any request for assistance in applying for U visa or T visa status should be forwarded in a timely

manner to the Investigations Unit supervisor assigned to oversee the handling of any related case.

The Investigations Unit supervisor should:

(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 I-918 Supplement B certification shall be completed if the victim qualifies

under Penal Code § 679.10 (multiple serious offenses). Form I-914 Supplement

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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.

414.8.1 TIME FRAMES FOR COMPLETION

Officers 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

encounter with the victim, regardless of whether it is requested by the victim (Penal Code § 236.5).

Officers 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.

414.8.2 POLICE REPORTS

Upon request, an officer or supervisor should provide a victim or authorized representative with a

copy of the report filed by the victim within seven days of the request (Penal Code § 679.10).

414.8.3 REPORTING TO LEGISLATURE

The Investigations Unit supervisor or the authorized designee should ensure that certification

requests are reported to the Legislature in January of each year and include the number of

certifications signed and the number denied. The report shall comply with Government Code §

9795 (Penal Code § 679.10; Penal Code § 679.11).

414.9 TRAINING

The Training Sergeant should ensure that all appropriate members receive training on immigration

issues.

Training should include:

(a) Identifying civil versus criminal immigration violations.

(b) Factors that may be considered in determining whether a criminal immigration violation

has been committed.

(c) Prohibitions contained in the California Values Act (Government Code § 7284 et seq.).

Policy

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Emergency Utility Service

415.1 PURPOSE AND SCOPE

The State 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

Police Department. Requests for such service received by this department should be handled in

the following manner.

415.1.1 BROKEN WATER LINES

The State

’

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 State side of the meter, emergency personnel should be called as soon

as practical by Dispatch.

415.1.2 ELECTRICAL LINES

State Public Works does not maintain electrical lines to street light poles. When a power line poses

a hazard, an officer 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 Dispatch.

415.2 TRAFFIC SIGNAL MAINTENANCE

The State of Sonoma State University contracts with a private maintenance company to furnish

maintenance for all traffic signals within the State, other than those maintained by the State of

California.

415.2.1 OFFICER’S RESPONSIBILITY

Upon observing a damaged or malfunctioning signal, the officer will advise the Dispatch of the

location and problem with the signal. The dispatcher should make the necessary notification to

the proper maintenance agency.

Policy

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Aircraft Accidents

416.1 PURPOSE AND SCOPE

The purpose of this policy is to provide department 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 Sonoma State University Police Department to provide an appropriate

emergency response to aircraft accidents. This includes emergency medical care and scene

management.

416.3 ARRIVAL AT SCENE

Officers or other authorized members tasked with initial scene management should establish an

inner and outer perimeter to:

(a) Protect persons and property.

(b) Prevent any disturbance or further damage to the wreckage or debris, except to

preserve life or rescue the injured.

(c) Preserve ground scars and marks made by the aircraft.

(d) Manage the admission and access of public safety and medical personnel to the extent

necessary to preserve life or to stabilize hazardous materials.

(e) Maintain a record of persons who enter the accident site.

(f) Consider implementation of an Incident Command System (ICS).

416.4 INJURIES AND CASUALTIES

Members should address emergency medical issues and provide care as a first priority.

Those tasked with the supervision of the scene should coordinate with the National Transportation

Safety Board (NTSB) before the removal of bodies. If that is not possible, the scene supervisor

should ensure documentation of what was disturbed, including switch/control positions and

instrument/gauge readings.

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416.5 NOTIFICATIONS

When an aircraft accident is reported to this department, 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 department 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 department supervisor should ensure the accident is still appropriately

investigated and documented.

416.7 DANGEROUS MATERIALS

Members should be aware of potentially dangerous materials that might be present. These may

include, but are not limited to:

(a) Fuel, chemicals, explosives, biological or radioactive materials and bombs or other

ordnance.

(b) Pressure vessels, compressed gas bottles, accumulators and tires.

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(c) Fluids, batteries, flares and igniters.

(d) Evacuation chutes, ballistic parachute systems and composite materials.

416.8 DOCUMENTATION

All aircraft accidents occurring within the State of Sonoma State University 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 SSUPD members deployed to assist; other State

resources that were utilized; and cross reference information to other investigating agencies.

Suspected criminal activity should be documented on the appropriate crime report.

416.8.1 WRECKAGE

When reasonably safe, members should:

(a) Obtain the aircraft registration number (N number) and note the type of aircraft.

(b) Attempt to ascertain the number of casualties.

(c) Obtain photographs or video of the overall wreckage, including the cockpit and

damage, starting at the initial point of impact, if possible, and any ground scars or

marks made by the aircraft.

1. Military aircraft may contain classified equipment and therefore shall not be

photographed unless authorized by a military commanding officer (18 USC §

795).

(d) Secure, if requested by the lead authority, any electronic data or video recorders from

the aircraft that became dislodged or cell phones or other recording devices that are

part of the wreckage.

(e) Acquire copies of any recordings from security cameras that may have captured the

incident.

416.8.2 WITNESSES

Members tasked with contacting witnesses should obtain:

(a) The location of the witness at the time of his/her observation relative to the accident

site.

(b) A detailed description of what was observed or heard.

(c) Any photographs or recordings of the accident witnesses may be willing to voluntarily

surrender.

(d) The names of all persons reporting the accident, even if not yet interviewed.

(e) Any audio recordings of reports to 9-1-1 regarding the accident and dispatch records.

416.9 MEDIA RELATIONS

The Public Information Officer (PIO) should coordinate a response to the media, including

access issues, road closures, detours and any safety information that is pertinent to the

surrounding community. Any release of information regarding details of the accident itself should

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be coordinated with the NTSB or other authority who may have assumed responsibility for the

investigation.

Depending on the type of aircraft, the airline or the military may be responsible for family

notifications and the release of victims’ names. The PIO should coordinate with other involved

entities before the release of information.

Policy

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Field Training Officer Program

417.1 PURPOSE AND SCOPE

The Field Training Officer Program is intended to provide a standardized program to facilitate the

officer’s transition from the academic setting to the actual performance of general law enforcement

duties of the Sonoma State University Police Department.

It is the policy of this department to assign all new police officers to a structured Field Training

Officer Program that is designed to prepare the new officer 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 officer trained in the art of supervising, training,

and evaluating entry level and lateral police officers 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 an FTO

(b) Minimum of four years of patrol experience, two of which shall be with this department

(c) Demonstrated ability as a positive role model

(d) Participate and pass an internal oral interview selection process

(e) Evaluation by supervisors and current FTOs

(f) Possess a POST Basic certificate

417.2.2 TRAINING

An officer 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 Lieutenant or a designee and should possess, or be eligible to receive, a POST Supervisory

Certificate.

The responsibilities of the FTO Program supervisor include the following:

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(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)).

417.4 TRAINEE DEFINED

Any entry level or lateral police officer newly appointed to the Sonoma State University Police

Department who has successfully completed a POST approved Basic Academy.

417.5 REQUIRED TRAINING

Entry level officers 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 officer may be modified depending on the trainee’s demonstrated

performance and level of experience. A lateral officer may be exempt from the Field Training

Program requirement if the officer qualifies for an exemption as provided in 11 CCR 1005(a)(B).

To the extent practicable, entry level and lateral officers 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 officer 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 an officer with the Sonoma State University Police Department. The officer 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 Sonoma State University Police Department.

417.6 EVALUATIONS

Evaluations are an important component of the training process and shall be completed as outlined

below.

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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 Trainee Performance Evaluations 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.

(d) Sign off all completed topics contained in the Field Training Manual, noting the

method(s) of learning and evaluating the performance of his/her assigned trainee.

417.6.2 IMMEDIATE SUPERVISOR

The immediate supervisor shall review and approve the Daily Trainee Performance Evaluations

and forward them to the Field Training Administrator.

417.6.3 FIELD TRAINING ADMINISTRATOR

The Field Training Administrator will review and approve the Daily Trainee Performance

Evaluations 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 officer’s training files and

will consist of the following:

(a) Daily Trainee Performance Evaluations

(b) End-of-phase evaluations

(c) A Certificate of Completion certifying that the trainee has successfully completed the

required number of hours of field training

Policy

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Obtaining Air Support

418.1 PURPOSE AND SCOPE

The use of a police helicopter can be invaluable in certain situations. This policy specifies potential

situations where the use of a helicopter may be requested and the responsibilities for making a

request.

418.2 REQUEST FOR HELICOPTER ASSISTANCE

If a supervisor or officer in charge of an incident determines that the use of a helicopter would be

beneficial, a request to obtain helicopter assistance may be made.

418.2.1 REQUEST FOR ASSISTANCE FROM ANOTHER AGENCY

After consideration and approval of the request for a helicopter, the Watch Commander, or his/her

designee, will call the closest agency having helicopter support available. The Watch Commander

on duty will apprise that agency of the specific details of the incident prompting the request.

418.2.2 CIRCUMSTANCES UNDER WHICH AID MAY BE REQUESTED

Police helicopters may be requested under any of the following conditions:

(a) When the helicopter is activated under existing mutual aid agreements

(b) Whenever the safety of law enforcement personnel is in jeopardy and the presence

of the helicopters may reduce such hazard

(c) When the use of the helicopters will aid in the capture of a suspected fleeing felon

whose continued freedom represents an ongoing threat to the community

(d) When a helicopter 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

While it is recognized that the availability of helicopter support will generally provide valuable

assistance to ground personnel, the presence of a helicopter will rarely replace the need for officers

on the ground.

Policy

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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.

419.1.1 DEFINITIONS

Definitions related to this policy include:

Consensual encounter - When an officer 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 officer 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

officer'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 officers 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 officer, the detainee, or others.

Reasonable suspicion - When, under the totality of the circumstances, an officer has articulable

facts that criminal activity may be afoot and a particular person is connected with that possible

criminal activity.

Temporary detention - When an officer 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 an officer actually restrains a person’s

freedom of movement.

419.2 POLICY

The Sonoma State University Police Department respects the right of the public to be free from

unreasonable searches or seizures. Due to an unlimited variety of situations confronting the officer,

the decision to temporarily detain a person and complete a field interview (FI), pat-down search,

or field photograph shall be left to the officer based on the totality of the circumstances, officer

safety considerations, and constitutional safeguards.

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419.3 FIELD INTERVIEWS

Based on observance of suspicious circumstances or upon information from investigation, an

officer 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 officer’s suspicion.

Nothing in this policy is intended to discourage consensual contacts. Frequent casual contact

with consenting individuals is encouraged by the Sonoma State University Police Department to

strengthen community involvement, community awareness, and problem identification.

419.3.1 INITIATING A FIELD INTERVIEW

When initiating the stop, the officer 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 officer

419.4 PAT-DOWN SEARCHES

Once a valid stop has been made, and consistent with the officer’s training and experience, an

officer may pat a suspect’s outer clothing for weapons if the officer 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 officer 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 officer.

(c) The hour of the day and the location or neighborhood where the stop takes place.

(d) Prior knowledge of the suspect's use of force and/or propensity to carry weapons.

(e) The actions and demeanor of the suspect.

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(f) Visual indications which suggest that the suspect is carrying a firearm or other weapon.

Whenever practicable, a pat-down search should not be conducted by a lone officer. A cover

officershould be positioned to ensure safety and should not be involved in the search.

419.5 FIELD PHOTOGRAPHS

All available databases should be searched before photographing any field detainee. If a

photograph is not located, or if an existing photograph no longer resembles the detainee, the

officer shall carefully consider, among other things, the factors listed below.

419.5.1 FIELD PHOTOGRAPHS TAKEN WITH CONSENT

Field photographs may be taken when the subject being photographed knowingly and voluntarily

gives consent. When taking a consensual photograph, the officer should have the individual read

and sign the appropriate form accompanying the photograph.

419.5.2 FIELD PHOTOGRAPHS TAKEN WITHOUT CONSENT

Field 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 officer 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 officer’s reasonable suspicion of criminal activity has been

dispelled, the detention must cease and the photograph should not be taken.

All field photographs and related reports shall be submitted to a supervisor and retained in

compliance with this policy.

419.5.3 DISPOSITION OF PHOTOGRAPHS

All detainee photographs must be adequately labeled and submitted to the Watch Commander

with either an associated FI card or other documentation explaining the nature of the contact. If an

individual is photographed as a suspect in a particular crime, the photograph should be submitted

as an evidence item in the related case, following standard evidence procedures.

If a photograph is not associated with an investigation where a case number has been issued, the

Watch Commander should review and forward the photograph to one of the following locations:

(a) If the photograph and associated FI or documentation is relevant to criminal

organization/enterprise enforcement, the Watch Commander will forward the

photograph and documents to the designated criminal intelligence system supervisor.

The supervisor will ensure the photograph and supporting documents are retained as

prescribed in the Criminal Organizations Policy.

(b) Photographs that do not qualify for retention in a criminal intelligence system or

temporary information file shall be forwarded to the Records Section.

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When a photograph is taken in association with a particular case, the investigator may use such

photograph in a photo lineup. Thereafter, the individual photograph should be retained as a part

of the case file. All other photographs shall be retained in accordance with the established records

retention schedule.

419.5.4 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, officers 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 recorded statement should be obtained from those 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, officers 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 Sonoma State University Police

Department 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.

Policy

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Criminal Organizations

420.1 PURPOSE AND SCOPE

The purpose of this policy is to ensure that the Sonoma State University Police Department

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 Sonoma State University Police Department 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 department to collect and share relevant information while respecting the

privacy and legal rights of the public.

420.3 CRIMINAL INTELLIGENCE SYSTEMS

No department member may create, submit to or obtain information from a criminal intelligence

system unless the Chief of Police has approved the system for department use.

Any criminal intelligence system approved for department 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 department 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 department, 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 Section. Any

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supporting documentation for an entry shall be retained by the Records Section 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 Section are

appropriately marked as intelligence information. The Lieutenant may not purge such documents

without the approval of the designated supervisor.

420.3.2 GANG DATABASES

The Chief of Police may approve participation by the gang unit in a shared criminal gang

intelligence database, such as CALGANG®. Members must obtain the requisite training before

accessing any such database (11 CCR 751.6).

It is the gang unit supervisor’s responsibility to determine whether any report or FI contains

information that would qualify for entry into the database. Prior to designating any person as

a suspected gang member, associate, or affiliate in a shared gang database; or submitting a

document to the Attorney General’s office for the purpose of designating a person in a shared

gang database; or otherwise identifying the person in a shared gang database, the gang unit

supervisor shall provide written notice to the person and, if the person is under the age of 18, to

his/her parent or guardian of the designation and the basis for the designation, unless providing

that notification would compromise an active criminal investigation or compromise the health or

safety of a minor. Notice shall also describe the process to contest the designation (Penal Code

§ 186.34).

The person, an attorney working on his/her behalf, or his/her parent or guardian (if the person is

under 18 years of age) may request, in writing, information as to whether the person is designated

as a suspected gang member, associate, or affiliate in a shared gang database accessible by the

Department, the basis for that designation, and the name of the agency that made the designation.

The Department shall respond to a valid request in writing within 30 days, and shall provide the

information requested unless doing so would compromise an active investigation or compromise

the health and safety of the person if he/she is under 18 years of age (Penal Code § 186.34).

The person, or his/her parent or guardian if the person is under 18 years of age, may contest

the designation by submitting written documentation, which shall be reviewed by the gang unit

supervisor. If it is determined that the person is not a suspected gang member, associate, or

affiliate, the person shall be removed from the database. The person and the parent or guardian

shall be provided written verification of the department’s decision within 30 days of receipt of the

written documentation contesting the designation and shall include the reason for a denial when

applicable (Penal Code § 186.34).

The gang unit supervisor should forward reports or FIs to the Records Section after appropriate

database entries are made. The supervisor should clearly mark the report/FI as gang intelligence

information.

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It is the responsibility of the Records Section supervisor to retain reports and FIs in compliance

with the database rules and any applicable end user agreement.

Records contained in a shared gang database shall not be disclosed for employment or military

screening purposes, and shall not be disclosed for the purpose of enforcing federal immigration

law unless required by state or federal statute or regulation (Penal Code § 186.36).

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 department-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 department

supervisor.

(b) Should not be originals that would ordinarily be retained by the Records Section or

Property and Evidence Section, but should be copies of, or references to, retained

documents such as copies of reports, FI forms, Dispatch 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.

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

Department 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:

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(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.

Department supervisors who utilize an authorized criminal intelligence system should work with

the Training Sergeant to train members to identify information that may be particularly relevant

for inclusion.

420.6 RELEASE OF INFORMATION

Department 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 department 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 Investigations Unit supervisor should ensure that there are an appropriate number

of department 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.

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.

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420.8 TRAINING

The Training Sergeant 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 Sergeant 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 Department (Penal

Code § 186.36; 11 CCR 751.6).

Policy

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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 department policies, procedures, practices, functions

and objectives. To accomplish this goal, a Senior Officer on Duty heads each watch.

421.2 DESIGNATION AS ACTING WATCH COMMANDER

When a Senior Officer on Duty is unavailable for duty as Watch Commander, in most instances

the senior qualified senior officer shall be designated as acting Watch Commander. This policy

does not preclude designating a less senior senior officer as an acting Watch Commander when

operational needs require or training permits.

Policy

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Mobile Audio/Video

422.1 PURPOSE AND SCOPE

The Sonoma State University Police Department has equipped marked patrol cars with Mobile

Audio/Video (MAV) recording systems to provide records of events and assist officers in the

performance of their duties. This policy provides guidance on the use of these systems.

422.1.1 DEFINITIONS

Definitions related to this policy include:

Activate - Any process that causes the MAV system to transmit or store video or audio data in

an active mode.

In-car camera system and Mobile Audio/Video (MAV) system - Synonymous terms which refer

to any system that captures audio and video signals, that is capable of installation in a vehicle,

and that includes at minimum, a camera, microphone, recorder and monitor.

MAV technician -Personnel certified or trained in the operational use and repair of MAVs,

duplicating methods, storage and retrieval methods and procedures, and who have a working

knowledge of video forensics and evidentiary procedures.

Recorded media - Audio-video signals recorded or digitally stored on a storage device or portable

media.

422.2 POLICY

It is the policy of the Sonoma State University Police Department to use mobile audio and video

technology to more effectively fulfill the department’s mission and to ensure these systems are

used securely and efficiently.

422.3 OFFICER RESPONSIBILITIES

Prior to going into service, each officer will properly equip him/herself to record audio and video

in the field. At the end of the shift, each officer will follow the established procedures for providing

to the Department any recordings or used media and any other related equipment. Each officer

should have adequate recording media for the entire duty assignment. In the event an officer works

at a remote location and reports in only periodically, additional recording media may be issued.

Only Sonoma State University Police Department identified and labeled media with tracking

numbers is to be used.

At the start of each shift, officers should test the MAV system’s operation in accordance with

manufacturer specifications and department operating procedures and training.

System documentation is accomplished by the officer recording his/her name, serial number,

badge or PIN number and the current date and time at the start and again at the end of each shift.

If the system is malfunctioning, the officer shall take the vehicle out of service unless a supervisor

requests the vehicle remain in service.

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422.4 ACTIVATION OF THE MAV

The MAV system is designed to turn on whenever the unit’s emergency lights are activated. The

system remains on until it is turned off manually. The audio portion is independently controlled and

should be activated manually by the officer whenever appropriate. When audio is being recorded,

the video will also record.

422.4.1 REQUIRED ACTIVATION OF MAV

This policy is not intended to describe every possible situation in which the MAV system may be

used, although there are many situations where its use is appropriate. An officer may activate the

system any time the officer believes it would be appropriate or valuable to document an incident.

In some circumstances it is not possible to capture images of the incident due to conditions or

the location of the camera. However, the audio portion can be valuable evidence and is subject

to the same activation requirements as the MAV. The MAV system should be activated in any of

the following situations:

(a) All field contacts involving actual or potential criminal conduct within video or audio

range:

1. Traffic stops (to include, but not limited to, traffic violations, stranded motorist

assistance and all crime interdiction stops)

2. Priority responses

3. Vehicle pursuits

4. Suspicious vehicles

5. Arrests

6. Vehicle searches

7. Physical or verbal confrontations or use of force

8. Pedestrian checks

9. DWI/DUI investigations including field sobriety tests

10. Consensual encounters

11. Crimes in progress

12. Responding to an in-progress call

(b) All self-initiated activity in which an officer would normally notify Dispatch

(c) Any call for service involving a crime where the recorder may aid in the apprehension

and/or prosecution of a suspect:

1. Domestic violence calls

2. Disturbance of peace calls

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3. Offenses involving violence or weapons

(d) Any other contact that becomes adversarial after the initial contact in a situation that

would not otherwise require recording

(e) Any other circumstance where the officer believes that a recording of an incident would

be appropriate

422.4.2 CESSATION OF RECORDING

Once activated, the MAV system should remain on until the incident has concluded. For purposes

of this section, conclusion of an incident has occurred when all arrests have been made, arrestees

have been transported and all witnesses and victims have been interviewed. Recording may

cease if an officer is simply waiting for a tow truck or a family member to arrive, or in other similar

situations.

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).

422.4.3 WHEN ACTIVATION IS NOT REQUIRED

Activation of the MAV system is not required when exchanging information with other officers or

during breaks, lunch periods, when not in service or actively on patrol.

No member of this department may surreptitiously record a conversation of any other member of

this department except with a court order or when lawfully authorized by the Chief of Police or the

authorized designee for the purpose of conducting a criminal or administrative investigation.

422.4.4 SUPERVISOR RESPONSIBILITIES

Supervisors should determine if vehicles with non-functioning MAV systems should be placed into

service. If these vehicles are placed into service, the appropriate documentation should be made,

including notification of Dispatch.

At reasonable intervals, supervisors should validate that:

(a)

Beginning and end-of-shift recording procedures are followed.

(b)

Logs reflect the proper chain of custody, including:

1.

The tracking number of the MAV system media.

2.

The date it was issued.

3.

The law enforcement operator or the vehicle to which it was issued.

4.

The date it was submitted.

5.

Law enforcement operators submitting the media.

6.

Holds for evidence indication and tagging as required.

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(c)

The operation of MAV systems by new employees is assessed and reviewed no less

than biweekly.

When an incident arises that requires the immediate retrieval of the recorded media (e.g.,

serious crime scenes, officer-involved shootings, department-involved collisions), a supervisor

shall respond to the scene and ensure that the appropriate supervisor, MAV technician or crime

scene investigator properly retrieves the recorded media. The media may need to be treated as

evidence and should be handled in accordance with current evidence procedures for recorded

media.

Supervisors may activate the MAV system remotely to monitor a developing situation, such as a

chase, riot or an event that may threaten public safety, officer safety or both, when the purpose

is to obtain tactical information to assist in managing the event. Supervisors shall not remotely

activate the MAV system for the purpose of monitoring the conversations or actions of an officer.

422.5 REVIEW OF MAV RECORDINGS

All recording media, recorded images and audio recordings are the property of the Department.

Dissemination outside of the agency is strictly prohibited, except to the extent permitted or required

by law.

To prevent damage to, or alteration of, the original recorded media, it shall not be copied, viewed

or otherwise inserted into any device not approved by the department MAV technician or forensic

media staff. When reasonably possible, a copy of the original media shall be used for viewing

(unless otherwise directed by the courts) to preserve the original media.

Recordings may be reviewed in any of the following situations:

(a) For use when preparing reports or statements

(b) By a supervisor investigating a specific act of officer conduct

(c) To assess proper functioning MAV systems

(d) By department investigators who are participating in an official investigation, such as

a personnel complaint, administrative inquiry or a criminal investigation

(e) By an officer who is captured on or referenced in the video or audio data and reviews

and uses such data for any purpose relating to his/her employment

(f) By court personnel through proper process or with permission of the Chief of Police

or the authorized designee

(g) By the media through proper process or with permission of the Chief of Police or the

authorized designee

(h) To assess possible training value

(i) Recordings may be shown for training purposes. If an involved officer objects to

showing a recording, his/her objection will be submitted to the staff to determine if the

training value outweighs the officer's objection

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Employees desiring to view any previously uploaded or archived MAV recording should submit a

request in writing to the Watch Commander. Approved requests should be forwarded to the MAV

technician for processing.

In no event shall any recording be used or shown for the purpose of ridiculing or embarrassing

any employee.

Officers shall have the right to review their recordings and use the recordings as a resource for

preparing to write police reports, to participate in an internal affairs interview and/or to provide a

statement regarding a critical incident. This section does not apply to a public safety statement

regarding a critical incident. Officers should not use the fact that a recording was made as a reason

to write a less detailed report.

Command staff retains the authority to randomly view officer recordings for the purpose of validity

testing. The random viewing will be conducted by the Operations Captain or Lieutenant. The

method of random selection will be agreed upon by the SUPA Representative and Chief of Police.

One recording per officer may be selected each month and reviewed. Any system deficiencies

will be documented and remedied. Any performance issue will be discussed with the officer.

Violations of policy will be reviewed using the campus procedures for conducting Internal Affairs

Investigations.

422.6 DOCUMENTING MAV USE

If any incident is recorded with either the video or audio system, the existence of that recording

shall be documented in the officer's report. If a citation is issued, the officer shall make a notation

on the back of the records copy of the citation, indicating that the incident was recorded.

422.7 RECORDING MEDIA STORAGE AND INTEGRITY

Once submitted for storage, all recording media will be labeled and stored in a designated secure

area. All recording media that is not booked as evidence will be retained for a minimum of one

year after which time it will be erased, destroyed or recycled in accordance with the established

records retention schedule (Government Code § 34090.6).

422.7.1 COPIES OF ORIGINAL RECORDING MEDIA

Original recording media shall not be used for any purpose other than for initial review by a

supervisor. Upon proper request, a copy of the original recording media will be made for use as

authorized in this policy.

Original recording media may only be released in response to a court order or upon approval by

the Chief of Police or the authorized designee. In the event that an original recording is released

to a court, a copy shall be made and placed in storage until the original is returned.

422.7.2 MAV RECORDINGS AS EVIDENCE

Officers who reasonably believe that a MAV recording is likely to contain evidence relevant to

a criminal offense, potential claim against the officer or against the Sonoma State University

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Police Department should indicate this in an appropriate report. Officers should ensure relevant

recordings are preserved.

422.8 SYSTEM OPERATIONAL STANDARDS

(a) MAV system vehicle installations should be based on officer safety requirements and

the vehicle and device manufacturer’s recommendations.

(b) The MAV system should be configured to minimally record for 30 seconds prior to an

event.

(c) The MAV system may not be configured to record audio data occurring prior to

activation.

(d) Unless the transmitters being used are designed for synchronized use, only one

transmitter, usually the primary initiating officer’s transmitter, should be activated at a

scene to minimize interference or noise from other MAV transmitters.

(e) Officers using digital transmitters that are synchronized to their individual MAV shall

activate both audio and video recordings when responding in a support capacity. This

is to obtain additional perspectives of the incident scene.

(f) With the exception of law enforcement radios or other emergency equipment, other

electronic devices should not be used inside MAV-equipped law enforcement vehicles

to minimize the possibility of causing electronic or noise interference with the MAV

system.

(g) Officers shall not erase, alter, reuse, modify or tamper with MAV recordings. Only

a supervisor, MAV technician or other authorized designee may erase and reissue

previous recordings and may only do so pursuant to the provisions of this policy.

(h) To prevent damage, original recordings shall not be viewed on any equipment other

than the equipment issued or authorized by the MAV technician.

422.9 MAV TECHNICIAN RESPONSIBILITIES

The MAV technician is responsible for:

(a) Ordering, issuing, retrieving, storing, erasing and duplicating of all recorded media.

(b) Collecting all completed media for oversight and verification of wireless downloaded

media. Once collected, the MAV technician:

1. Ensures it is stored in a secure location with authorized controlled access.

2. Makes the appropriate entries in the chain of custody log.

(c) Erasing of media:

1. Pursuant to a court order.

2. In accordance with established records retention policies, including reissuing all

other media deemed to be of no evidentiary value.

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(d) Assigning all media an identification number prior to issuance to the field:

1. Maintaining a record of issued media.

(e) Ensuring that an adequate supply of recording media is available.

(f) Managing the long-term storage of media that has been deemed to be of evidentiary

value in accordance with the department evidence storage protocols and the records

retention schedule.

422.10 TRAINING

All members who are authorized to use the MAV system shall successfully complete an approved

course of instruction prior to its use.

Policy

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Mobile Digital Computer Use

423.1 PURPOSE AND SCOPE

The purpose of this policy is to establish guidelines for the proper access, use and application of

the Mobile Digital Computer (MDC) 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 department members and Dispatch.

423.2 POLICY

Sonoma State University Police Department members using the MDC shall comply with all

appropriate federal and state rules and regulations and shall use the MDC in a professional

manner, in accordance with this policy.

423.3 PRIVACY EXPECTATION

Members forfeit any expectation of privacy with regard to messages accessed, transmitted,

received or reviewed on a MDC (see the Information Technology Use Policy for additional

guidance).

423.4 RESTRICTED ACCESS AND USE

MDC use is subject to the Information Technology Use and Protected Information policies.

Members shall not access the MDC system if they have not received prior authorization and the

required training. Members shall immediately report unauthorized access or use of the MDC by

another member to their supervisors or Watch Commanders.

Use of the MDC 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 Department. 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 MDC 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 MDC system

unless directed to do so by a supervisor. Members are required to log off the MDC or secure

the MDC when it is unattended. This added security measure will minimize the potential for

unauthorized access or misuse.

423.4.1 USE WHILE DRIVING

Use of the MDC by the vehicle operator should be limited to times when the vehicle is stopped.

Information that is required for immediate enforcement, investigative, tactical or safety needs

should be transmitted over the radio.

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Short transmissions, such as a license plate check, are permitted if it reasonably appears that

it can be done safely. In no case shall an operator attempt to send or review lengthy messages

while the vehicle is in motion.

423.5 DOCUMENTATION OF ACTIVITY

Except as otherwise directed by the Watch Commander or other department-established protocol,

all calls for service assigned by a dispatcher should be communicated by voice over the police

radio and electronically via the MDC unless security or confidentiality prevents such broadcasting.

MDC 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.

(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 MDC.

423.5.1 STATUS CHANGES

All changes in status (e.g., arrival at scene, meal periods, in service) will be transmitted over

the police radio or through the MDC 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 MDC when the vehicle is not in motion.

423.5.2 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 officer should respond

in accordance with the Officer Response to Calls Policy.

Members should ensure a field supervisor and the Watch Commander are notified of the incident

without delay.

Officers not responding to the emergency shall refrain from transmitting on the police radio until

a no-further-assistance broadcast is made or if they are also handling an emergency.

423.6 EQUIPMENT CONSIDERATIONS

423.6.1 MALFUNCTIONING MDC

Whenever possible, members will not use vehicles with malfunctioning MDCs. Whenever

members must drive a vehicle in which the MDC is not working, they shall notify Dispatch. It shall

be the responsibility of the dispatcher to document all information that will then be transmitted

verbally over the police radio.

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423.6.2 BOMB CALLS

When investigating reports of possible bombs, members should not communicate on their MDCs

when in the evacuation area of a suspected explosive device. Radio frequency emitted by the MDC

could cause some devices to detonate.

Policy

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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 department. In addition, this policy provides guidelines for situations where the recordings

may be evidence.

424.2 POLICY

The Sonoma State University Police Department recognizes the right of persons to lawfully record

members of this department who are performing their official duties. Members of this department

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.

Officers 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 officers.

4. Being so close to the activity as to interfere with an officer’s effective

communication with a suspect or witness.

(c) The individual may not present an undue safety risk to the officers, him/herself or

others.

424.4 OFFICER RESPONSE

Officers 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, officers should wait for the supervisor to arrive before

taking enforcement action or seizing any cameras or recording media.

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Whenever practicable, officers or supervisors should give clear and concise warnings to

individuals who are conducting themselves in a manner that would cause their recording or

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, an officer 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, officers 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 officer 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 Department members, such as how and where to file a complaint.

424.6 SEIZING RECORDINGS AS EVIDENCE

Officers 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.

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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 the

evidence is to transmit a copy of the recording from a device to a department-

owned device.

Recording devices and media that are seized will be submitted within the guidelines of the Property

and Evidence Policy.

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Medical Marijuana

425.1 PURPOSE AND SCOPE

The purpose of this policy is to provide members of this department 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 CUA

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 CUA 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 CUA 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 CUA or the MMP (Health and Safety Code § 11362.5; Health and

Safety Code § 11362.7).

Statutory amount - No more than 8 ounces of dried, mature, processed female marijuana flowers

(“bud”) or the plant conversion (e.g., kief, hash, hash oil), and no more than six mature or 12

immature marijuana plants (roots, stems and stem fibers should not be considered) (Health and

Safety Code § 11362.77).

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425.2 POLICY

It is the policy of the Sonoma State University Police Department to prioritize resources to forgo

making arrests related to marijuana that the arresting officer reasonably believes would not be

prosecuted by state or federal authorities.

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. The Sonoma State

University Police Department will exercise discretion to ensure laws are appropriately enforced

without unreasonably burdening both those individuals protected under California law and public

resources.

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

officer 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 officers 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.

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Officers 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

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 officer 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).

Officers 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 their judgment

to assess the validity of the person’s medical-use claim.

Officers 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.

Officers 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 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. Officers 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).

425.3.5 ADDITIONAL CONSIDERATIONS

Officers should consider the following when investigating an incident involving marijuana

possession, delivery, production, or use:

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(a) Because enforcement of medical marijuana laws can be complex, time consuming,

and call for resources unavailable at the time of initial investigation, officers 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 department resources and time

constraints prohibit making an immediate arrest.

(b) Whenever the initial investigation reveals an amount of marijuana greater than the

statutory amount, officers should consider the following when determining whether the

form and amount is reasonably related to the patient’s needs:

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,

officers 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.

425.3.6 EXCEPTIONS

This policy does not apply to, and officers 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).

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(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).

425.4 FEDERAL LAW ENFORCEMENT

Officers should provide information regarding a marijuana investigation to federal law enforcement

authorities when it is requested by federal law enforcement authorities or whenever the officer

believes those authorities would have a particular interest in the information.

425.5 PROPERTY AND EVIDENCE SECTION SUPERVISOR RESPONSIBILITIES

The Property and Evidence Section 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

Section 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 Section 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 Section supervisor may release marijuana to federal law enforcement

authorities upon presentation of a valid court order or by a written order of the Investigations Unit

supervisor.

Policy

426

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Bicycle Patrol Unit

426.1 PURPOSE AND SCOPE

The Sonoma State University Police Department has established the Bicycle Patrol Unit (BPU) 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 Department

needs and as staffing levels allow.

Requests for specific deployment of bicycle patrol officers shall be coordinated through the Bicycle

Patrol Unit supervisor or the Watch Commander.

426.3 SELECTION OF PERSONNEL

Interested sworn personnel, who are off probation, shall submit a change of assignment request to

their appropriate Lieutenant. A copy will be forwarded to the BPU supervisor. Qualified applicants

will then be invited to an oral interview. The oral board will consist of the BPU supervisor and

second person to be selected by the BPU supervisor. Interested personnel shall be evaluated by

the following criteria:

(a)

Recognized competence and ability as evidenced by performance.

(b)

Special skills or training as it pertains to the assignment.

(c)

Good physical condition.

(d)

Willingness to perform duties using the bicycle as a mode of transportation.

426.3.1 BICYCLE PATROL UNIT SUPERVISOR

The Bicycle Patrol Unit supervisor will be selected from the rank of sergeant by the Patrol

Lieutenant or his/her designee.

The Bicycle Patrol Unit supervisor shall have responsibility for the following:

(a)

Organizing bicycle patrol training.

(b)

Inspecting and maintaining inventory of patrol bicycles and program equipment.

(c)

Scheduling maintenance and repairs.

(d)

Evaluating performance of bicycle officers.

(e)

Coordinating activities with the Patrol Section.

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(f)

Other activities as required to maintain the efficient operation of the Bicycle Patrol Unit.

426.4 TRAINING

Participants in the program must complete an initial Department approved bicycle-training course

after acceptance into the program. Thereafter bicycle patrol officers 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 officers will be required to qualify with their duty firearm while wearing bicycle safety

equipment including the helmet and riding gloves.

426.5 UNIFORMS AND EQUIPMENT

Officers shall wear the department-approved uniform and safety equipment, which shall be

provided by the Department, while operating the department bicycle. Safety equipment includes

department-approved helmet, riding gloves, protective eyewear and approved footwear.

The bicycle patrol unit uniform consists of the standard short-sleeve uniform shirt or other

department-approved shirt with department badge and patches, and department-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 officers shall carry the same equipment on the bicycle patrol duty belt as they would

on a regular patrol assignment.

Officers will be responsible for obtaining the necessary forms, citation books and other department

equipment needed while on bicycle patrol.

426.6 CARE AND USE OF PATROL BICYCLES

Officers 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 “POLICE”

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).

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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 shall 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 officers shall conduct an inspection of the bicycle and equipment prior to use to insure

proper working order of the equipment. Officers 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 supervisor for repair by an approved technician.

Each bicycle will have scheduled maintenance twice yearly to be performed by a department

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.

Officers 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 officer 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 officer’s immediate presence.

426.7 OFFICER RESPONSIBILITY

Officers must operate the bicycle in compliance with the vehicle code under normal operation.

Officers may operate the bicycle without lighting equipment during hours of darkness when such

operation reasonably appears necessary for officer safety and tactical considerations. Officers

must use caution and care when operating the bicycle without lighting equipment.

Officers are exempt from the rules of the road under the following conditions (Vehicle Code §

21200(b)(1)):

(a)

In response to an emergency call.

(b)

While engaged in rescue operations.

(c)

In the immediate pursuit of an actual or suspected violator of the law.

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Policy

427

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Foot Pursuits

427.1 PURPOSE AND SCOPE

This policy provides guidelines to assist officers in making the decision to initiate or continue the

pursuit of suspects on foot.

427.2 POLICY

It is the policy of this department that officers, 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 department members, the public or the suspect.

Officers are expected to act reasonably, based on the totality of the circumstances.

427.3 DECISION TO PURSUE

The safety of department members and the public should be the primary consideration when

determining whether a foot pursuit should be initiated or continued. Officers must be mindful

that immediate apprehension of a suspect is rarely more important than the safety of the public

and department members.

Officers may be justified in initiating a foot pursuit of any individual the officer 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 an officer must make quickly

and under unpredictable and dynamic circumstances. It is recognized that foot pursuits may

place department members and the public at significant risk. Therefore, no officer 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, an

officer should continuously consider reasonable alternatives to a foot pursuit based upon the

circumstances and resources available, such as:

(a)

Containment of the area.

(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.

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(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.

427.4 GENERAL GUIDELINES

When reasonably practicable, officers 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 officer is acting alone.

(c)

Two or more officers 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 officer keep the suspect in sight from a safe distance and coordinate the

containment effort.

(d)

The officer is unsure of his/her location and direction of travel.

(e)

The officer is pursuing multiple suspects and it is not reasonable to believe that

the officer would be able to control the suspect should a confrontation occur.

(f)

The physical condition of the officer renders him/her incapable of controlling the

suspect if apprehended.

(g)

The officer loses radio contact with the dispatcher or with assisting or backup officers.

(h)

The suspect enters a building, structure, confined space, isolated area or dense or

difficult terrain, and there are insufficient officers to provide backup and containment.

The primary officer should consider discontinuing the foot pursuit and coordinating

containment pending the arrival of sufficient resources.

(i)

The officer becomes aware of unanticipated or unforeseen circumstances that

unreasonably increase the risk to officers or the public.

(j)

The officer reasonably believes that the danger to the pursuing officers or public

outweighs the objective of immediate apprehension.

(k)

The officer loses possession of his/her firearm or other essential equipment.

(l)

The officer 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.

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(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 department members or the public if the suspect is not immediately

apprehended.

(o)

The officer’s ability to safely continue the pursuit is impaired by inclement weather,

darkness or other environmental conditions.

427.5 RESPONSIBILITIES IN FOOT PURSUITS

427.5.1 INITIATING OFFICER RESPONSIBILITIES

Unless relieved by another officer or a supervisor, the initiating officer shall be responsible for

coordinating the progress of the pursuit. When acting alone and when practicable, the initiating

officer should not attempt to overtake and confront the suspect but should attempt to keep the

suspect in sight until sufficient officers are present to safely apprehend the suspect.

Early communication of available information from the involved officers is essential so that

adequate resources can be coordinated and deployed to bring a foot pursuit to a safe conclusion.

Officers 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

Officers should be mindful that radio transmissions made while running may be difficult to

understand and may need to be repeated.

Absent extenuating circumstances, any officer 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 officer 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

further actions as reasonably appear necessary, to include requesting medical aid as needed

for officers, suspects or members of the public.

427.5.2 ASSISTING OFFICER RESPONSIBILITIES

Whenever any officer announces that he/she is engaged in a foot pursuit, all other officers should

minimize non-essential radio traffic to permit the involved officers maximum access to the radio

frequency.

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427.5.3 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 department guidelines.

The supervisor shall terminate the foot pursuit when the danger to pursuing officers or the public

appears to unreasonably outweigh the objective of immediate apprehension of the suspect.

Upon apprehension of the suspect, the supervisor shall promptly proceed to the termination point

to direct the post-foot pursuit activity.

427.5.4 DISPATCH 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 officers.

(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.

(g)

Assigning an incident number and logging all pursuit activities.

427.6 REPORTING REQUIREMENTS

The initiating officer 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 officers.

(f)

Whether a suspect was apprehended as well as the means and methods used.

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.

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(i)

Any property or equipment damage.

(j) Name of the supervisor at the scene or who handled the incident.

Assisting officers 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 officer need not complete a

formal report.

Policy

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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 officers during all contacts with the

homeless, whether consensual or for enforcement purposes. The Sonoma State University Police

Department recognizes that members of the homeless community are often in need of special

protection and services. The Sonoma State University Police Department will address these needs

in balance with the overall mission of this department. Therefore, officers will consider the following

when serving the homeless community.

429.1.1 POLICY

It is the policy of the Sonoma State University Police Department 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 department will not use

homelessness solely as a basis for detention or law enforcement action.

429.2 HOMELESS COMMUNITY LIAISON

The Chief of Police will designate a member of this department to act as the Homeless Liaison

Officer. The responsibilities of the Homeless Liaison Officer include the following:

(a)

Maintain and make available to all department 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 department 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 officers in understanding current legal and social issues

relating to the homeless.

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429.3 FIELD CONTACTS

Officers 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 an officer

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, officers 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.

Officers 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. Officers 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 Senior and Disability Victimization Policy.

(f) Arrange for transportation for investigation-related matters, such as medical exams

and court appearances.

(g) Consider whether a crime should be reported and submitted for prosecution, even

when a homeless victim indicates that he/she does not desire prosecution.

429.4 PERSONAL PROPERTY

The personal property of homeless persons must not be treated differently than the property

of other members of the public. Officers should use reasonable care when handling, collecting

and retaining the personal property of homeless persons and should not destroy or discard the

personal property of a homeless person.

When a homeless person is arrested or otherwise removed from a public place, officers should

make reasonable accommodations to permit the person to lawfully secure his/her personal

property. Otherwise, the personal property should be collected for safekeeping. If the arrestee

has more personal property than can reasonably be collected and transported by the officer, a

supervisor should be consulted. The property should be photographed and measures should be

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taken to remove or secure the property. It will be the supervisor’s responsibility to coordinate the

removal and safekeeping of the property.

Officers should not conduct or assist in clean-up operations of belongings that reasonably

appear to be the property of homeless persons without the prior authorization of a supervisor or

the department Homeless Liaison Officer. When practicable, requests by the public for clean-up

of a homeless encampment should be referred to the Homeless Liaison Officer.

Officers who encounter unattended encampments, bedding or other personal property in public

areas that reasonably appears to belong to a homeless person should not remove or destroy such

property and should inform the department Homeless Liaison Officer if such property appears

to involve a trespass, blight to the community or is the subject of a complaint. It will be the

responsibility of the Homeless Liaison Officer to address the matter in a timely fashion.

429.5 MENTAL ILLNESS AND MENTAL IMPAIRMENT

Some homeless persons may suffer from a mental illness or a mental impairment. Officers shall

not detain a homeless person under a mental illness commitment unless facts and circumstances

warrant such a detention (see the Crisis Intervention Incidents Policy).

When a mental illness hold is not warranted, the contacting officer should provide the

homeless person with contact information for mental health assistance as appropriate. In these

circumstances, officers may provide transportation to a mental health specialist if requested by

the person and approved by a supervisor.

429.6 ECOLOGICAL ISSUES

Sometimes homeless encampments can impact the ecology and natural resources of the

community and may involve criminal offenses beyond mere littering. Officers are encouraged to

notify other appropriate agencies or departments when a significant impact to the environment

has or is likely to occur. Significant impacts to the environment may warrant a crime report,

investigation, supporting photographs and supervisor notification.

Policy

430

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First Amendment Assemblies

430.1 PURPOSE AND SCOPE

This policy provides guidance for responding to public assemblies or demonstrations.

430.2 POLICY

The Sonoma State University Police Department respects the rights of people to peaceably

assemble. It is the policy of this department not to unreasonably interfere with, harass, intimidate

or discriminate against persons engaged in the lawful exercise of their rights, while also preserving

the peace, protecting life and preventing the destruction of property.

430.3 GENERAL CONSIDERATIONS

Individuals or groups present on the public way, such as public facilities, streets or walkways,

generally have the right to assemble, rally, demonstrate, protest or otherwise express their views

and opinions through varying forms of communication, including the distribution of printed matter.

These rights may be limited by laws or ordinances regulating such matters as the obstruction

of individual or vehicle access or egress, trespass, noise, picketing, distribution of handbills and

leafleting, and loitering. However, officers shall not take action or fail to take action based on the

opinions being expressed.

Participant behavior during a demonstration or other public assembly can vary. This may include,

but is not limited to:

•

Lawful, constitutionally protected actions and speech.

•

Civil disobedience (typically involving minor criminal acts).

•

Rioting.

All of these behaviors may be present during the same event. Therefore, it is imperative that law

enforcement actions are measured and appropriate for the behaviors officers may encounter. This

is particularly critical if force is being used. Adaptable strategies and tactics are essential. The

purpose of a law enforcement presence at the scene of public assemblies and demonstrations

should be to preserve the peace, to protect life and prevent the destruction of property.

Officers should not:

(a) Engage in assembly or demonstration-related discussion with participants.

(b) Harass, confront or intimidate participants.

(c) Seize the cameras, cell phones or materials of participants or observers unless an

officer is placing a person under lawful arrest.

Supervisors should continually observe department members under their commands to ensure

that members’ interaction with participants and their response to crowd dynamics is appropriate.

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430.3.1 PHOTOGRAPHS AND VIDEO RECORDINGS

Photographs and video recording, when appropriate, can serve a number of purposes,

including support of criminal prosecutions by documenting criminal acts; assistance in

evaluating department performance; serving as training material; recording the use of dispersal

orders; and facilitating a response to allegations of improper law enforcement conduct.

Photographs and videos will not be used or retained for the sole purpose of collecting or

maintaining information about the political, religious or social views of associations, or the activities

of any individual, group, association, organization, corporation, business or partnership, unless

such information directly relates to an investigation of criminal activities and there is reasonable

suspicion that the subject of the information is involved in criminal conduct.

430.4 UNPLANNED EVENTS

When responding to an unplanned or spontaneous public gathering, the first responding officer

should conduct an assessment of conditions, including, but not limited to, the following:

•

Location

•

Number of participants

•

Apparent purpose of the event

•

Leadership (whether it is apparent and/or whether it is effective)

•

Any initial indicators of unlawful or disruptive activity

•

Indicators that lawful use of public facilities, streets or walkways will be impacted

•

Ability and/or need to continue monitoring the incident

Initial assessment information should be promptly communicated to Dispatch, and the assignment

of a supervisor should be requested. Additional resources should be requested as appropriate.

The responding supervisor shall assume command of the incident until command is expressly

assumed by another, and the assumption of command is communicated to the involved members.

A clearly defined command structure that is consistent with the Incident Command System (ICS)

should be established as resources are deployed.

430.5 PLANNED EVENT PREPARATION

For planned events, comprehensive, incident-specific operational plans should be developed. The

ICS should be considered for such events.

430.5.1 INFORMATION GATHERING AND ASSESSMENT

In order to properly assess the potential impact of a public assembly or demonstration on public

safety and order, relevant information should be collected and vetted. This may include:

•

Information obtained from outreach to group organizers or leaders.

•

Information about past and potential unlawful conduct associated with the event or

similar events.

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•

The potential time, duration, scope, and type of planned activities.

•

Any other information related to the goal of providing a balanced response to criminal

activity and the protection of public safety interests.

Information should be obtained in a transparent manner, and the sources documented. Relevant

information should be communicated to the appropriate parties in a timely manner.

Information will be obtained in a lawful manner and will not be based solely on the purpose or

content of the assembly or demonstration, or actual or perceived characteristics such as race,

ethnicity, national origin, religion, sex, sexual orientation, gender identity or expression, economic

status, age, cultural group, or disability of the participants (or any other characteristic that is

unrelated to criminal conduct or the identification of a criminal subject).

430.5.2 OPERATIONAL PLANS

An operational planning team with responsibility for event planning and management should be

established. The planning team should develop an operational plan for the event.

The operational plan will minimally provide for:

(a) Command assignments, chain of command structure, roles and responsibilities.

(b) Staffing and resource allocation.

(c) Management of criminal investigations.

(d) Designation of uniform of the day and related safety equipment (e.g., helmets, shields).

(e) Deployment of specialized resources.

(f) Event communications and interoperability in a multijurisdictional event.

(g) Liaison with demonstration leaders and external agencies.

(h) Liaison with State government and legal staff.

(i) Media relations.

(j) Logistics: food, fuel, replacement equipment, duty hours, relief and transportation.

(k) Traffic management plans.

(l) First aid and emergency medical service provider availability.

(m) Prisoner transport and detention.

(n) Review of policies regarding public assemblies and use of force in crowd control.

(o) Parameters for declaring an unlawful assembly.

(p) Arrest protocol, including management of mass arrests.

(q) Protocol for recording information flow and decisions.

(r) Rules of engagement, including rules of conduct, protocols for field force extraction

and arrests, and any authorization required for the use of force.

(s) Protocol for handling complaints during the event.

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(t) Parameters for the use of body-worn cameras and other portable recording devices.

430.5.3 MUTUAL AID AND EXTERNAL RESOURCES

The magnitude and anticipated duration of an event may necessitate interagency cooperation and

coordination. The assigned Incident Commander should ensure that any required memorandums

of understanding or other agreements are properly executed, and that any anticipated mutual aid

is requested and facilitated (see the Mutual Aid and Outside Agency Assistance Policy).

430.6 UNLAWFUL ASSEMBLY DISPERSAL ORDERS

If a public gathering or demonstration remains peaceful and nonviolent, and there is no reasonably

imminent threat to persons or property, the Incident Commander should generally authorize

continued monitoring of the event.

Should the Incident Commander make a determination that public safety is presently or is about

to be jeopardized, he/she or the authorized designee should attempt to verbally persuade event

organizers or participants to disperse of their own accord. Warnings and advisements may be

communicated through established communications links with leaders and/or participants or to

the group.

When initial attempts at verbal persuasion are unsuccessful, the Incident Commander or the

authorized designee should make a clear standardized announcement to the gathering that

the event is an unlawful assembly, and should order the dispersal of the participants. The

announcement should be communicated by whatever methods are reasonably available to ensure

that the content of the message is clear and that it has been heard by the participants. The

announcement should be amplified, made in different languages as appropriate, made from

multiple locations in the affected area and documented by audio and video. The announcement

should provide information about what law enforcement actions will take place if illegal behavior

continues and should identify routes for egress. A reasonable time to disperse should be allowed

following a dispersal order.

430.7 USE OF FORCE

Use of force is governed by current department policy and applicable law (see the Use of Force,

Handcuffing and Restraints, Control Devices and Techniques, and Conducted Energy Device

policies).

Individuals refusing to comply with lawful orders (e.g., nonviolent refusal to disperse) should be

given a clear verbal warning and a reasonable opportunity to comply. If an individual refuses to

comply with lawful orders, the Incident Commander shall evaluate the type of resistance and adopt

a reasonable response in order to accomplish the law enforcement mission (such as dispersal

or arrest of those acting in violation of the law). Control devices and TASER® devices should be

considered only when the participants’ conduct reasonably appears to present the potential to

harm officers, themselves or others, or will result in substantial property loss or damage (see the

Control Devices and Techniques and the Conducted Energy Device policies).

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Force or control devices, including oleoresin capsaicin (OC), should be directed toward individuals

and not toward groups or crowds, unless specific individuals cannot reasonably be targeted due

to extreme circumstances, such as a riotous crowd.

Any use of force by a member of this department shall be documented promptly, completely and

accurately in an appropriate report. The type of report required may depend on the nature of the

incident.

430.8 ARRESTS

The Sonoma State University Police Department should respond to unlawful behavior in a manner

that is consistent with the operational plan. If practicable, warnings or advisements should be

communicated prior to arrest.

Mass arrests should be employed only when alternate tactics and strategies have been, or

reasonably appear likely to be, unsuccessful. Mass arrests shall only be undertaken upon the

order of the Incident Commander or the authorized designee. There must be probable cause for

each arrest.

If employed, mass arrest protocols should fully integrate:

(a) Reasonable measures to address the safety of officers and arrestees.

(b) Dedicated arrest, booking and report writing teams.

(c) Timely access to medical care.

(d) Timely access to legal resources.

(e) Timely processing of arrestees.

(f) Full accountability for arrestees and evidence.

(g) Coordination and cooperation with the prosecuting authority, jail and courts (see the

Cite and Release Policy).

430.9 MEDIA RELATIONS

The Public Information Officer should use all available avenues of communication, including

press releases, briefings, press conferences, and social media to maintain open channels of

communication with media representatives and the public about the status and progress of the

event, taking all opportunities to reassure the public about the professional management of the

event (see the Media Relations Policy).

430.10 DEMOBILIZATION

When appropriate, the Incident Commander or the authorized designee should implement a

phased and orderly withdrawal of law enforcement resources. All relieved personnel should

promptly complete any required reports, including use of force reports, and account for all issued

equipment and vehicles to their supervisors prior to returning to normal operational duties.

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430.11 POST EVENT

The Incident Commander should designate a member to assemble full documentation of the event,

to include the following:

(a) Operational plan

(b) Any incident logs

(c) Any assignment logs

(d) Vehicle, fuel, equipment and supply records

(e) Incident, arrest, use of force, injury and property damage reports

(f) Photographs, audio/video recordings, Dispatch records/tapes

(g) Media accounts (print and broadcast media)

430.11.1 AFTER-ACTION REPORTING

The Incident Commander should work with State legal counsel, as appropriate, to prepare a

comprehensive after-action report of the event, explaining all incidents where force was used

including the following:

(a) Date, time and description of the event

(b) Actions taken and outcomes (e.g., injuries, property damage, arrests)

(c) Problems identified

(d) Significant events

(e) Recommendations for improvement; opportunities for training should be documented

in a generic manner, without identifying individuals or specific incidents, facts or

circumstances.

430.12 TRAINING

Department members should receive periodic training regarding this policy, as well as the

dynamics of crowd control and incident management (Penal Code § 13514.5). The Department

should, when practicable, train with its external and mutual aid partners.

Policy

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Civil Disputes

431.1 PURPOSE AND SCOPE

This policy provides members of the Sonoma State University Police Department with guidance

for addressing conflicts between persons when no criminal investigation or enforcement action is

warranted (e.g., civil matters), with the goal of minimizing any potential for violence or criminal acts.

The Domestic Violence Policy will address specific legal mandates related to domestic violence

court orders. References in this policy to “court orders” apply to any order of a court that does not

require arrest or enforcement by the terms of the order or by California law.

431.2 POLICY

The Sonoma State University Police Department recognizes that a law enforcement presence at

a civil dispute can play an important role in the peace and safety of the community. Subject to

available resources, members of this department will assist at the scene of civil disputes with the

primary goal of safeguarding persons and property, preventing criminal activity and maintaining

the peace. When handling civil disputes, members will remain impartial, maintain a calm presence,

give consideration to all sides and refrain from giving legal or inappropriate advice.

431.3 GENERAL CONSIDERATIONS

When appropriate, members handling a civil dispute should encourage the involved parties to

seek the assistance of resolution services or take the matter to the civil courts. Members must not

become personally involved in disputes and shall at all times remain impartial.

While not intended to be an exhaustive list, members should give considerations to the following

when handling civil disputes:

(a) Civil disputes tend to be confrontational and members should be alert that they can

escalate to violence very quickly. De-escalation techniques should be used when

appropriate.

(b) Members should not dismiss alleged or observed criminal violations as a civil matter

and should initiate the appropriate investigation and report when criminal activity is

apparent.

(c) Members shall not provide legal advice, however, when appropriate, members should

inform the parties when they are at risk of violating criminal laws.

(d) Members are reminded that they shall not enter a residence or other non-public

location without legal authority including valid consent.

(e) Members should not take an unreasonable amount of time assisting in these matters

and generally should contact a supervisor if it appears that peacekeeping efforts longer

than 30 minutes are warranted.

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431.4 COURT ORDERS

Disputes involving court orders can be complex. Where no mandate exists for an officer to make an

arrest for a violation of a court order, the matter should be addressed by documenting any apparent

court order violation in a report. If there appears to be a more immediate need for enforcement

action, the investigating officer should consult a supervisor prior to making any arrest.

If a person appears to be violating the terms of a court order but is disputing the validity of the

order or its applicability, the investigating officer should document the following:

(a) The person’s knowledge of the court order or whether proof of service exists.

(b) Any specific reason or rationale the involved person offers for not complying with the

terms of the order.

A copy of the court order should be attached to the report when available. The report should be

forwarded to the appropriate prosecutor. The report should also be forwarded to the court issuing

the order with a notice that the report was also forwarded to the prosecutor for review.

431.4.1 STANDBY REQUESTS

Officer responding to a call for standby assistance to retrieve property should meet the person

requesting assistance at a neutral location to discuss the process. The person should be advised

that items that are disputed will not be allowed to be removed. The member may advise the person

to seek private legal advice as to the distribution of disputed property.

Members should accompany the person to the location of the property. Members should ask if the

other party will allow removal of the property or whether the other party would remove the property.

If the other party is uncooperative, the person requesting standby assistance should be instructed

to seek private legal advice and obtain a court order to obtain the items. Officers should not order

the other party to allow entry or the removal of any items. If there is a restraining or similar order

against the person requesting standby assistance, that person should be asked to leave the scene

or they may be subject to arrest for violation of the order.

If the other party is not present at the location, the member will not allow entry into the location

or the removal of property from the location.

431.5 VEHICLES AND PERSONAL PROPERTY

Officers may be faced with disputes regarding possession or ownership of vehicles or other

personal property. Officers may review documents provided by parties or available databases

(e.g., vehicle registration), but should be aware that legal possession of vehicles or personal

property can be complex. Generally, officers should not take any enforcement action unless a

crime is apparent. The people and the vehicle or personal property involved should be identified

and the incident documented.

431.6 REAL PROPERTY

Disputes over possession or occupancy of real property (e.g., land, homes, apartments) should

generally be handled through a person seeking a court order.

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Suspicious Activity Reporting

432.1 PURPOSE AND SCOPE

This policy provides guidelines for reporting and investigating suspicious and criminal activity.

432.1.1 DEFINITIONS

Definitions related to this policy include:

Involved party - An individual who has been observed engaging in suspicious activity, as defined

in this policy, when no definitive criminal activity can be identified, thus precluding the person’s

identification as a suspect.

Suspicious activity - Any reported or observed activity that a member reasonably believes may

have a nexus to any criminal act or attempted criminal act, or to foreign or domestic terrorism.

Actual or perceived characteristics such as race, ethnicity, national origin, religion, sex, sexual

orientation, gender identity or expression, economic status, age, cultural group, or disability should

not be considered as factors that create suspicion (although these factors may be used as specific

suspect descriptions). Examples of suspicious activity may include but are not limited to:

•

Suspected pre-operational surveillance or intelligence gathering (e.g., photographing

security features, asking questions about sensitive security-related subjects).

•

Tests of security measures and response to incidents (e.g., “dry run,” creating false

alarms, attempts to enter secure areas without authorization).

•

Suspicious purchases (e.g., purchasing large quantities of otherwise legal items, such

as fertilizer, that could be used to create an explosive or other dangerous device).

•

An individual in possession of such things as a hoax explosive or dispersal

device, sensitive materials (e.g., passwords, access codes, classified government

information), or coded or ciphered literature or correspondence.

Suspicious Activity Report (SAR) - An incident report used to document suspicious activity.

432.2 POLICY

The Sonoma State University Police Department recognizes the need to protect the public

from criminal conduct and acts of terrorism and shall lawfully collect, maintain and disseminate

information regarding suspicious activities, while safeguarding civil liberties and privacy

protections.

432.3 RESPONSIBILITIES

The Investigation Lieutenant and authorized designees will manage SAR activities. Authorized

designees should include supervisors who are responsible for department participation in criminal

intelligence systems as outlined in the Criminal Organizations Policy.

The responsibilities of the Investigation Lieutenant include, but are not limited to:

(a) Remaining familiar with those databases available to the Department that would

facilitate the purpose of this policy.

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(b) Maintaining adequate training in the area of intelligence gathering to ensure no

information is being maintained that would violate the law or civil rights of any

individual.

(c) Ensuring a process is available that would allow members to report relevant

information. The process should be designed to promote efficient and quick reporting,

and should not be cumbersome, duplicative or complicated.

(d) Ensuring that members are made aware of the purpose and value of documenting

information regarding suspicious activity, as well as the databases and other

information resources that are available to the Department.

(e) Ensuring that SAR information is appropriately disseminated to members in

accordance with their job responsibilities.

(f) Coordinating investigative follow-up, if appropriate.

(g) Coordinating with any appropriate agency or fusion center.

(h) Ensuring that, as resources are available, the Department conducts outreach that is

designed to encourage members of the community to report suspicious activity and

that outlines what they should look for and how they should report it (e.g., website,

public service announcements).

432.4 REPORTING AND INVESTIGATION

Any department member receiving information regarding suspicious activity should take any

necessary immediate and appropriate action, including a request for tactical response or

immediate notification of specialized entities, when applicable. Any professional staff member who

receives such information should ensure that it is passed on to an officer in a timely manner.

If the suspicious activity is not directly related to a reportable crime, the member should prepare

a SAR and include information about involved parties and the circumstances of the incident. If,

during any investigation, an officer becomes aware of suspicious activity that is unrelated to the

current investigation, the information should be documented separately in a SAR and not included

in the original incident report. The report number of the original incident should be included in the

SAR as a cross reference. A SAR should be processed as any other incident report.

432.5 HANDLING INFORMATION

The Records Section will forward copies of SARs, in a timely manner, to the following:

•

Investigations Unit supervisor

•

Crime Analysis Unit

•

Other authorized designees

Policy

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Medical Aid and Response

433.1 PURPOSE AND SCOPE

This policy recognizes that members often encounter persons in need of medical aid and

establishes a law enforcement response to such situations.

433.2 POLICY

It is the policy of the Sonoma State University Police Department that all officers and other

designated members be trained to provide emergency medical aid and to facilitate an emergency

medical response.

433.3 FIRST RESPONDING MEMBER RESPONSIBILITIES

Whenever practicable, members should take appropriate steps to provide initial medical aid (e.g.,

first aid, CPR, use of an automated external defibrillator (AED)) in accordance with their training

and current certification levels. This should be done for those in need of immediate care and only

when the member can safely do so.

Prior to initiating medical aid, the member should contact Dispatch and request response by

Emergency Medical Services (EMS) as the member deems appropriate.

Members should follow universal precautions when providing medical aid, such as wearing gloves

and avoiding contact with bodily fluids, consistent with the Communicable Diseases Policy.

Members should use a barrier or bag device to perform rescue breathing.

When requesting EMS, the member should provide Dispatch with information for relay to EMS

personnel in order to enable an appropriate response, including:

(a) The location where EMS is needed.

(b) The nature of the incident.

(c) Any known scene hazards.

(d) Information on the person in need of EMS, such as:

1. Signs and symptoms as observed by the member.

2. Changes in apparent condition.

3. Number of patients, sex, and age, if known.

4. Whether the person is conscious, breathing, and alert, or is believed to have

consumed drugs or alcohol.

5. Whether the person is showing signs or symptoms of excited delirium or other

agitated chaotic behavior.

Members should stabilize the scene whenever practicable while awaiting the arrival of EMS.

Members should not direct EMS personnel whether to transport the person for treatment.

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433.4 TRANSPORTING ILL AND INJURED PERSONS

Except in extraordinary cases where alternatives are not reasonably available, members should

not transport persons who are unconscious, who have serious injuries or who may be seriously

ill. EMS personnel should be called to handle patient transportation.

Officers should search any person who is in custody before releasing that person to EMS for

transport.

An officer should accompany any person in custody during transport in an ambulance when

requested by EMS personnel, when it reasonably appears necessary to provide security, when it

is necessary for investigative purposes or when so directed by a supervisor.

Members should not provide emergency escort for medical transport or civilian vehicles.

433.5 PERSONS REFUSING EMS CARE

If a person who is not in custody refuses EMS care or refuses to be transported to a medical

facility, an officer shall not force that person to receive care or be transported. However, members

may assist EMS personnel when EMS personnel determine the person lacks mental capacity to

understand the consequences of refusing medical care or to make an informed decision and the

lack of immediate medical attention may result in serious bodily injury or the death of the person.

In cases where mental illness may be a factor, the officer should consider proceeding with a 72-

hour treatment and evaluation commitment (5150 commitment) process in accordance with the

Mental Illness Commitments Policy.

If an officer believes that a person who is in custody requires EMS care and the person refuses,

he/she should encourage the person to receive medical treatment. The officer may also consider

contacting a family member to help persuade the person to agree to treatment or who may be

able to authorize treatment for the person.

If the person who is in custody still refuses, the officer will require the person to be transported

to the nearest medical facility. In such cases, the officer should consult with a supervisor prior

to the transport.

Members shall not sign refusal-for-treatment forms or forms accepting financial responsibility for

treatment.

433.6 SICK OR INJURED ARRESTEE

If an arrestee appears ill or injured, or claims illness or injury, he/she should be medically cleared

prior to booking. If the officer has reason to believe the arrestee is feigning injury or illness, the

officer should contact a supervisor, who will determine whether medical clearance will be obtained

prior to booking.

If the jail or detention facility refuses to accept custody of an arrestee based on medical screening,

the officer should note the name of the facility person refusing to accept custody and the reason

for refusal, and should notify a supervisor to determine the appropriate action.

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Arrestees who appear to have a serious medical issue should be transported by ambulance.

Officers shall not transport an arrestee to a hospital without a supervisor’s approval.

Nothing in this section should delay an officer from requesting EMS when an arrestee reasonably

appears to be exhibiting symptoms that appear to be life threatening, including breathing problems

or an altered level of consciousness, or is claiming an illness or injury that reasonably warrants

an EMS response in accordance with the officer’s training.

433.7 MEDICAL ATTENTION RELATED TO USE OF FORCE

Specific guidelines for medical attention for injuries sustained from a use of force may be found in

the Use of Force, Handcuffing and Restraints, Control Devices and Techniques, and Conducted

Energy Device policies.

433.8 AIR AMBULANCE

Generally, when on-scene, EMS personnel will be responsible for determining whether an air

ambulance response should be requested. An air ambulance may be appropriate when there are

victims with life-threatening injuries or who require specialized treatment (e.g., gunshot wounds,

burns, obstetrical cases), and distance or other known delays will affect the EMS response.

The Patrol Lieutenant should develop guidelines for air ambulance landings or enter into local

operating agreements for the use of air ambulances, as applicable. In creating those guidelines,

the Department should identify:

•

Responsibility and authority for designating a landing zone and determining the size

of the landing zone.

•

Responsibility for securing the area and maintaining that security once the landing

zone is identified.

•

Consideration of the air ambulance provider’s minimum standards for proximity to

vertical obstructions and surface composition (e.g., dirt, gravel, pavement, concrete,

grass).

•

Consideration of the air ambulance provider’s minimum standards for horizontal

clearance from structures, fences, power poles, antennas or roadways.

•

Responsibility for notifying the appropriate highway or transportation agencies if a

roadway is selected as a landing zone.

•

Procedures for ground personnel to communicate with flight personnel during the

operation.

One department member at the scene should be designated as the air ambulance communications

contact. Headlights, spotlights and flashlights should not be aimed upward at the air ambulance.

Members should direct vehicle and pedestrian traffic away from the landing zone.

Members should follow these cautions when near an air ambulance:

•

Never approach the aircraft until signaled by the flight crew.

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•

Always approach the aircraft from the front.

•

Avoid the aircraft’s tail rotor area.

•

Wear eye protection during landing and take-off.

•

Do not carry or hold items, such as IV bags, above the head.

•

Ensure that no one smokes near the aircraft.

433.9 AUTOMATED EXTERNAL DEFIBRILLATOR (AED) USE

A member may use an AED only after receiving appropriate training from an approved public

safety first aid and CPR course (22 CCR 100014; 22 CCR 100017; 22 CCR 100018).

433.9.1 AED USER RESPONSIBILITY

Members who are issued AEDs for use in department vehicles should check the AED at the

beginning of the shift to ensure it is properly charged and functioning. Any AED that is not

functioning properly will be taken out of service and given to the Training Sergeant who is

responsible for ensuring appropriate maintenance.

Following use of an AED, the device shall be cleaned and/or decontaminated as required. The

electrodes and/or pads will be replaced as recommended by the AED manufacturer.

Any member who uses an AED should contact Dispatch as soon as possible and request response

by EMS.

433.9.2 AED REPORTING

Any member using an AED will complete an incident report detailing its use.

433.9.3 AED TRAINING AND MAINTENANCE

The Training Sergeant should ensure appropriate training and refresher training is provided to

members authorized to use an AED. A list of authorized members and training records shall be

made available for inspection by the local EMS agency (LEMSA) or EMS authority upon request

(22 CCR 100021; 22 CCR 100022; 22 CCR 100029).

The Training Sergeant is responsible for ensuring AED devices are appropriately maintained

and will retain records of all maintenance in accordance with the established records retention

schedule (22 CCR 100021).

433.10 ADMINISTRATION OF OPIOID OVERDOSE MEDICATION

Trained members may administer opioid overdose medication (Civil Code § 1714.22; Business

and Professions Code § 4119.9).

433.10.1 OPIOID OVERDOSE MEDICATION USER RESPONSIBILITIES

Members who are qualified to administer opioid overdose medication, such as naloxone, should

handle, store and administer the medication consistent with their training. Members should check

the medication and associated administration equipment at the beginning of their shift to ensure

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they are serviceable and not expired. Any expired medication or unserviceable administration

equipment should be removed from service and given to the Training Sergeant.

Any member who administers an opioid overdose medication should contact Dispatch as soon as

possible and request response by EMS.

433.10.2 DESTRUCTION OF OPIOID OVERDOSE MEDICATION

The Training Sergeant shall ensure the destruction of any expired opioid overdose medication

(Business and Professions Code § 4119.9).

433.10.3 OPIOID OVERDOSE MEDICATION REPORTING

Any member administering opioid overdose medication should detail its use in an appropriate

report.

The Training Sergeant will ensure that the Lieutenant is provided enough information to meet

applicable state reporting requirements.

433.10.4 OPIOID OVERDOSE MEDICATION RECORD MANAGEMENT

Records regarding acquisition and disposition of opioid overdose medications shall be maintained

and retained in accordance with the established records retention schedule and at a minimum of

three years from the date the record was created (Business and Professions Code § 4119.9).

433.10.5 OPIOID OVERDOSE MEDICATION TRAINING

The Training Sergeant should ensure initial and refresher training is provided to members

authorized to administer opioid overdose medication. Training should be coordinated with the local

health department and comply with the requirements in 22 CCR 100019 and any applicable POST

standards (Civil Code § 1714.22).

433.11 ADMINISTRATION OF EPINEPHRINE AUTO-INJECTORS

The Patrol Lieutenant may authorize the acquisition of epinephrine auto-injectors for use

by Department members as provided by Health and Safety Code § 1797.197a. The Training

Sergeant shall create and maintain an operations plan for the storage, maintenance, use and

disposal of epinephrine auto-injectors as required by Health and Safety Code § 1797.197a(f).

Trained members who possess valid certification may administer an epinephrine auto-injector for

suspected anaphylaxis (Health and Safety Code § 1797.197a(b); 22 CCR 100019).

433.11.1 EPINEPHRINE USER RESPONSIBILITIES

Members should handle, store and administer epinephrine auto-injectors consistent with their

training and the Department operations plan. Members should check the auto-injectors at the

beginning of their shift to ensure the medication is not expired. Any expired medication should be

removed from service in accordance with the Department Operations Plan.

Any member who administers an epinephrine auto-injector medication should contact Dispatch

as soon as possible and request response by EMS (Health and Safety Code § 1797.197a(b)).

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433.11.2 EPINEPHRINE AUTO-INJECTOR REPORTING

Any member who administers an epinephrine auto-injector should detail its use in an appropriate

report.

The Training Sergeant should ensure that the Lieutenant is provided enough information for

required reporting to the EMS Authority within 30 days after each use (Health and Safety Code

§ 1797.197a(f)).

Records regarding the acquisition and disposition of epinephrine auto-injectors shall be

maintained pursuant to the established records retention schedule but no less than three years

(Business and Professions Code § 4119.4(d)).

433.11.3 EPINEPHRINE AUTO-INJECTOR TRAINING

The Training Sergeant should ensure that members authorized to administer epinephrine auto-

injectors are provided with initial and refresher training that meets the requirements of Health and

Safety Code § 1797.197a(c) and 22 CCR 100019.

433.12 FIRST AID TRAINING

The Training Sergeant should ensure officers receive initial first aid training within one year of

employment and refresher training every two years thereafter (22 CCR 100016; 22 CCR 100022).

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Chapter 5 - Traffic Operations

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Traffic Function and Responsibility

500.1 PURPOSE AND SCOPE

The ultimate goal of traffic law enforcement is to reduce traffic collisions. This may be achieved

through the application of such techniques as geographic/temporal assignment of personnel and

equipment and the establishment of preventive patrols to deal with specific categories of unlawful

driving behavior. Traffic enforcement techniques are based on accident data, enforcement activity

records, traffic volume, and traffic conditions. This department provides enforcement efforts

toward violations, not only in proportion to the frequency of their occurrence in accident situations,

but also in terms of traffic-related needs.

500.2 TRAFFIC OFFICER DEPLOYMENT

Several factors are considered in the development of deployment schedules for officers of the

Sonoma State University Police Department. Information provided by the California Statewide

Integrated Traffic Reporting System (SWITRS) is a valuable resource for traffic accident

occurrences and therefore officer deployment. Some of the factors for analysis include:

•

Location

•

Time

•

Day

•

Violation factors

All officers assigned to patrol or traffic enforcement functions will emphasize enforcement of

accident causing violations during high accident hours and at locations of occurrence. All

officers will take directed enforcement action on request, and random enforcement action when

appropriate against violators as a matter of routine. All officers shall maintain high visibility while

working general enforcement, especially at high accident locations.

Other factors to be considered for deployment are requests from the public, construction zones

or special events.

500.3 ENFORCEMENT

Enforcement actions are commensurate with applicable laws and take into account the degree

and severity of the violation committed. This department does not establish ticket quotas and

the number of arrests or citations issued by any officer shall not be used as the sole criterion

for evaluating officer overall performance (Vehicle Code § 41603). The visibility and quality of an

officer’s work effort will be commensurate with the philosophy of this policy. Several methods are

effective in the reduction of collisions:

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500.3.1 WARNINGS

Warnings or other non-punitive enforcement actions should be considered in each situation

and substituted for arrests or citations when circumstances warrant, especially in the case of

inadvertent violations.

500.3.2 CITATIONS

Citations may be issued when an officer believes it is appropriate. It is essential that officers fully

explain the rights and requirements imposed on motorists upon issuance of a citation for a traffic

violation. Officers should provide the following information at a minimum:

(a)

Explanation of the violation or charge

(b)

Court appearance procedure including the optional or mandatory appearance by the

motorist

(c)

Notice of whether the motorist can enter a plea and pay the fine by mail or at the court

500.3.3 PHYSICAL ARREST

Physical arrest can be made on a number of criminal traffic offenses outlined in the Vehicle Code

or Penal Code. These physical arrest cases usually deal with, but are not limited to:

(a)

Vehicular manslaughter

(b)

Felony and misdemeanor driving under the influence of alcohol/drugs

(c)

Felony or misdemeanor hit-and-run

(d)

Refusal to sign notice to appear

(e)

Any other misdemeanor at the discretion of the officer, such as reckless driving with

extenuating circumstances

500.4 SUSPENDED OR REVOKED DRIVERS LICENSES

If an officer contacts a traffic violator for driving on a suspended or revoked license, the officer

may issue a traffic citation pursuant to Vehicle Code § 14601.

If a computer check of a traffic violator's license status reveals a suspended or revoked driver

license and the traffic violator still has his or her license in possession, the license shall be seized

by the officer. The officer shall verbally advise the traffic violator of the suspension or revocation

and issue the citation. The officer will be responsible for filling out the Verbal Notice form (DMV

form DL-310) and causing that form and license to be forwarded to the Department of Motor

Vehicles.

500.5 HIGH-VISIBILITY VESTS

The Department has provided American National Standards Institute (ANSI) Class II high-visibility

vests to increase the visibility of department members who may be exposed to hazards presented

by passing traffic, maneuvering or operating vehicles, machinery and equipment (23 CFR 655.601;

8 CCR 1598).

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Although intended primarily for use while performing traffic related assignments, high-visibility

vests should be worn at any time increased visibility would improve the safety or efficiency of the

member.

500.5.1 REQUIRED USE

Except when working in a potentially adversarial or confrontational role, such as during vehicle

stops, high-visibility vests should be worn at any time it is anticipated that an employee will be

exposed to the hazards of approaching traffic or construction and recovery equipment. Examples

of when high-visibility vests should be worn include traffic control duties, accident investigations,

lane closures and while at disaster scenes, or anytime high visibility is desirable. When emergency

conditions preclude the immediate donning of the vest, officers should retrieve and wear the vest

as soon as conditions reasonably permit. Use of the vests shall also be mandatory when directed

by a supervisor.

Vests maintained in the investigation units may be used any time a plainclothes officer might

benefit from being readily identified as a member of law enforcement.

500.5.2 CARE AND STORAGE OF HIGH-VISIBILITY VESTS

High-visibility vests shall be maintained in the trunk of each patrol and investigation unit, in the

side box of each police motorcycle and in the saddlebag or gear bag of each police bicycle. Each

vest should be stored inside the re-sealable plastic bag provided to protect and maintain the vest

in a serviceable condition. Before going into service each employee shall ensure a serviceable

high-visibility vest is properly stored.

A supply of high-visibility vests will be maintained in the equipment room for replacement of

damaged or unserviceable vests. The Training Sergeant should be promptly notified whenever

the supply of vests in the equipment room needs replenishing.

Policy

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Traffic Collision Reporting

501.1 PURPOSE AND SCOPE

The Sonoma State University Police Department prepares traffic collision reports in compliance

with the California Highway Patrol Collision Investigation Manual (CIM) and as a public service

makes traffic collision reports available to the community with some exceptions.

501.2 RESPONSIBILITY

The Sergeant will be responsible for distribution of the Collision Investigation Manual. The

Sergeant will receive all changes in the state manual and ensure conformity with this policy.

501.3 TRAFFIC COLLISION REPORTING

All traffic collision reports taken by members of this department shall be forwarded to the Traffic

Bureau for approval and data entry into the Records Management System. The Sergeant will be

responsible for monthly and quarterly reports on traffic collision statistics to be forwarded to the

Patrol Lieutenant, or other persons as required.

501.4 REPORTING SITUATIONS

501.4.1 TRAFFIC COLLISIONS INVOLVING STATE VEHICLES

Traffic collision investigation reports shall be taken when a State-owned vehicle is involved in

a traffic collision upon a roadway or highway wherein any damage or injury results. A general

information report may be taken in lieu of a traffic collision report (CHP 555 form) at the direction

of a supervisor when the collision occurs on private property or does not involve another vehicle.

Whenever there is damage to a State vehicle, a Vehicle Damage Report shall be completed and

forwarded to the appropriate Lieutenant.

Photographs of the collision scene and vehicle damage shall be taken at the discretion of the

traffic investigator or any supervisor.

501.4.2 TRAFFIC COLLISIONS WITH POLICE DEPARTMENT EMPLOYEES

When an employee of this department, either on-duty or off-duty, is involved in a traffic collision

within the jurisdiction of the Sonoma State University Police Department resulting in a serious

injury or fatality, the Sergeant or the Watch Commander, may notify the California Highway Patrol

for assistance.

The term serious injury is defined as any injury that may result in a fatality.

501.4.3 TRAFFIC COLLISIONS WITH OTHER STATE EMPLOYEES OR OFFICIALS

The Sergeant or on-duty Watch Commander may request assistance from the California Highway

Patrol for the investigation of any traffic collision involving any State official or employee where

a serious injury or fatality has occurred.

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501.4.4 TRAFFIC COLLISIONS ON PRIVATE PROPERTY

In compliance with the Collision Investigation Manual, traffic collision reports shall not be taken

for traffic collisions occurring on private property unless there is a death or injury to any person

involved, a hit-and-run violation, or Vehicle Code violation. An Incident Report may be taken at

the discretion of any supervisor.

501.4.5 TRAFFIC COLLISIONS ON ROADWAYS OR HIGHWAYS

Traffic collision reports shall be taken when they occur on a roadway or highway within the

jurisdiction of this department under any of the following circumstances:

(a)

When there is a death or injury to any persons involved in the collision

(b)

When there is an identifiable violation of the Vehicle Code

(c)

When a report is requested by any involved driver

501.5 NOTIFICATION OF TRAFFIC BUREAU SUPERVISION

In the event of a serious injury or death related traffic collision, the Watch Commander shall notify

the Sergeant to relate the circumstances of the traffic collision and seek assistance from the Traffic

Bureau. In the absence of a Sergeant, the Watch Commander or any supervisor may assign an

accident investigator or motor officer to investigate the traffic collision.

Policy

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Vehicle Towing and Release

502.1 PURPOSE AND SCOPE

This policy provides the procedures for towing a vehicle by or at the direction of the Sonoma State

University Police Department. Nothing in this policy shall require the Department to tow a vehicle.

502.2 STORAGE AND IMPOUNDS

When circumstances permit, for example when towing a vehicle for parking or registration

violations, the handling employee should, prior to having the vehicle towed, make a good faith

effort to notify the owner of the vehicle that it is subject to removal. This may be accomplished

by personal contact, telephone or by leaving a notice attached to the vehicle at least 24 hours

prior to removal. If a vehicle presents a hazard, such as being abandoned on the roadway, it may

be towed immediately.

The responsibilities of those employees towing, storing or impounding a vehicle are listed below.

502.2.1 VEHICLE STORAGE REPORT

Department members requesting towing, storage or impound of a vehicle shall complete CHP

Form 180 and accurately record the mileage and a description of property within the vehicle

(Vehicle Code § 22850). A copy of the storage report should to be given to the tow truck operator

and the original shall be submitted to the Records Section as soon as practicable after the vehicle

is stored.

502.2.2 REMOVAL FROM TRAFFIC COLLISION SCENES

When a vehicle has been involved in a traffic collision and must be removed from the scene, the

officer shall have the driver select a towing company, if possible, and shall relay the request for

the specified towing company to the dispatcher. When there is no preferred company requested,

a company will be selected from the rotational list of towing companies in Dispatch.

If the owner is incapacitated, or for any reason it is necessary for the Department to assume

responsibility for a vehicle involved in a collision, the officer shall request the dispatcher to call

the official towing garage for the State of Sonoma State University. The officer will then store the

vehicle using a CHP Form 180.

502.2.3 STORAGE AT ARREST SCENES

Whenever a person in charge or in control of a vehicle is arrested, it is the policy of this department

to provide reasonable safekeeping by storing the arrestee’s vehicle subject to the exceptions

described below. The vehicle, however, shall be stored whenever it is needed for the furtherance

of the investigation or prosecution of the case, or when the community caretaker doctrine would

reasonably suggest that the vehicle should be stored (e.g., traffic hazard, high-crime area).

The following are examples of situations where consideration should be given to leaving a vehicle

at the scene in lieu of storing, provided the vehicle can be lawfully parked and left in a reasonably

secured and safe condition:

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•

Traffic-related warrant arrest.

•

Situations where the vehicle was not used to further the offense for which the driver

was arrested.

•

Whenever the licensed owner of the vehicle is present, willing, and able to take control

of any vehicle not involved in criminal activity.

•

Whenever the vehicle otherwise does not need to be stored and the owner requests

that it be left at the scene. In such cases, the owner shall be informed that the

Department will not be responsible for theft or damages.

502.2.4 IMPOUNDMENT AT SOBRIETY CHECKPOINTS

Whenever a driver is stopped at a sobriety checkpoint and the only violation is that the operator

is driving without a valid driver’s license, the officer shall make a reasonable attempt to identify

the registered owner of the vehicle (Vehicle Code § 2814.2). The officer shall release the vehicle

to the registered owner if the person is a licensed driver, or to another licensed driver authorized

by the registered owner, provided the vehicle is claimed prior to the conclusion of the checkpoint

operation.

If the vehicle is released at the checkpoint, the officer shall list on his/her copy of the notice to

appear the name and driver’s license number of the person to whom the vehicle is released.

When a vehicle cannot be released at the checkpoint, it shall be towed (Vehicle Code § 22651(p)).

When a vehicle is removed at the checkpoint, it shall be released during the normal business

hours of the storage facility to the registered owner or his/her agent upon presentation of a valid

driver’s license and current vehicle registration.

502.2.5 DRIVING A NON-CITY VEHICLE

Vehicles which have been towed by or at the direction of the Department should not be driven by

police personnel unless it is necessary to move a vehicle a short distance to eliminate a hazard,

prevent the obstruction of a fire hydrant or to comply with posted signs.

502.2.6 DISPATCHER’S RESPONSIBILITIES

Upon receiving a request for towing, the dispatcher shall promptly telephone the specified

authorized towing service. The officer shall be advised when the request has been made and the

towing service has been dispatched.

When there is no preferred company requested, the dispatcher shall call the next firm in rotation

from the list of approved towing companies and shall make appropriate entries on that form to

ensure the following firm is called on the next request.

502.2.7 RECORDS SECTION RESPONSIBILITY

Records personnel shall promptly enter pertinent data from the completed storage form (CHP

Form 180) into the Stolen Vehicle System and return the form to the Watch Commander for

approval (Vehicle Code § 22651.5(b); Vehicle Code § 22851.3(b); Vehicle Code § 22854.5).

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Approved storage forms shall be promptly placed into the auto-file so that they are immediately

available for release or review should inquiries be made.

Within 48 hours, excluding weekends and holidays, of the storage of any such vehicle it shall be

the responsibility of the Records Section to determine the names and addresses of any individuals

having an interest in the vehicle through DMV or CLETS computers. Notice shall be sent to all

such individuals by first-class mail (Vehicle Code § 22851.3(d); Vehicle Code § 22852(a); Vehicle

Code § 14602.6(a)(2)). The notice shall include the following (Vehicle Code § 22852(b)):

(a) The name, address, and telephone number of this Department.

(b) The location of the place of storage and description of the vehicle, which shall include,

if available, the name or make, the manufacturer, the license plate number, and the

mileage.

(c) The authority and purpose for the removal of the vehicle.

(d) A statement that, in order to receive their post-storage hearing, the owners, or their

agents, shall request the hearing in person, in writing, or by telephone within 10 days

of the date appearing on the notice.

502.3 TOWING SERVICES

The State of Sonoma State University periodically selects a firm to act as the official tow service

and awards a contract to that firm. This firm will be used in the following situations:

(a) When it is necessary to safeguard a vehicle due to the inability of the owner or operator

to take the required action.

(b) When a vehicle is being held as evidence in connection with an investigation.

(c) When it is otherwise necessary to store a motor vehicle. This would include situations

involving the recovery of stolen or abandoned vehicles, and the removal of vehicles

obstructing traffic in violation of state or local regulations.

502.4 VEHICLE INVENTORY

All property in a stored or impounded vehicle shall be inventoried and listed on the vehicle storage

form. This includes the trunk and any compartments or containers, even if closed and/or locked.

Members conducting inventory searches should be as thorough and accurate as practical in

preparing an itemized inventory. These inventory procedures are for the purpose of protecting

an owner's property while in police custody, to provide for the safety of officers, and to protect

the Department against fraudulent claims of lost, stolen, or damaged property.

502.5 SECURITY OF VEHICLES AND PROPERTY

Unless it would cause an unreasonable delay in the completion of a vehicle impound/storage or

create an issue of officer safety, officers should make reasonable accommodations to permit a

driver/owner to retrieve small items of value or personal need (e.g., cash, jewelry, cell phone,

prescriptions) that are not considered evidence or contraband.

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If a search of a vehicle leaves the vehicle or any property contained therein vulnerable to

unauthorized entry, theft, or damage, personnel conducting the search shall take such steps as

are reasonably necessary to secure and/or preserve the vehicle or property from such hazards.

502.6 RELEASE OF VEHICLE

The Department will maintain a listed, 24-hour telephone number to provide information regarding

impoundment of vehicles and the right of the registered owner to request a storage hearing.

Releases for towed vehicles will be made available during regular, non-emergency business hours

(Vehicle Code § 14602.6).

(a) Vehicles removed pursuant to Vehicle Code § 22850 shall be released after proof of

current registration is provided by the owner or the person in control of the vehicle and

after all applicable fees are paid (Vehicle Code § 22850.3; Vehicle Code § 22850.5).

(b) Vehicles removed that require payment of parking fines or proof of valid driver’s license

shall only be released upon presentation of proof of compliance, proof of payment,

completion of affidavit, and payment of applicable fees related to the removal (Vehicle

Code § 22651 et seq., Vehicle Code § 22652 et seq., Vehicle Code § 22850.3; Vehicle

Code § 22850.5).

(c) A vehicle removed pursuant to Vehicle Code § 14602.6(a) shall be released to the

registered owner or his/her agent with proof of current registration, proof of a valid

driver’s license, and applicable fees paid prior to the end of the 30-day impoundment

period under any of the following circumstances:

1. The vehicle was stolen.

2. If the driver reinstates his/her driver's license or acquires a license and provides

proof of proper insurance.

3. Any other circumstance as set forth in Vehicle Code § 14602.6.

4. When there is no remaining community caretaking need to continue impound

of the vehicle or the continued impound would not otherwise comply with the

Fourth Amendment.

(d) An autonomous vehicle removed under authority of Vehicle Code § 22651(o)(1)(D)

shall be released to the registered owner or person in control of the autonomous

vehicle if the requirements of Vehicle Code § 22651(o)(3)(B) are met.

Personnel whose duties include releasing towed vehicles should consult the Vehicle Code under

which the vehicle was towed or impounded for any specific requirements prior to release.

Employees who suspect that a vehicle was impounded in error should promptly advise a

supervisor. Supervisors should approve, when appropriate, the release of the vehicle without

requiring the registered owner or his/her agent to request a hearing, as described in the Vehicle

Impound Hearings Policy.

Policy

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Vehicle Impound Hearings

503.1 PURPOSE AND SCOPE

This policy establishes a procedure for the requirement to provide vehicle storage or impound

hearings pursuant to Vehicle Code § 22852.

503.2 STORED OR IMPOUND HEARING

When a vehicle is stored or impounded by any member of the Sonoma State University Police

Department, a hearing will be conducted upon the request of the registered or legal owner of the

vehicle or his/her agent (Vehicle Code § 22650(a); Vehicle Code § 22852(a)).

The hearing shall be conducted within 48 hours of the request, excluding weekends and holidays.

The hearing officer must be a person other than the person who directed the storage or impound

of the vehicle (Vehicle Code § 22852(c)).

503.2.1 HEARING PROCEDURES

The vehicle storage hearing is an informal process to evaluate the validity of an order to store

or impound a vehicle. The employee who caused the storage or removal of the vehicle does not

need to be present for this hearing.

All requests for a hearing on a stored or impounded vehicle shall be submitted in person, in writing

or by telephone within 10 days of the date appearing on the notice (Vehicle Code § 22852(b)).

The Sergeant will generally serve as the hearing officer. The person requesting the hearing may

record the hearing at his/her own expense.

The failure of either the registered or legal owner or interested person or his/her agent to request

a hearing in a timely manner or to attend a scheduled hearing shall be considered a waiver of

and satisfaction of the post-storage hearing requirement (Vehicle Code § 22851.3(e)(2); Vehicle

Code § 22852(d)).

Any relevant evidence may be submitted and reviewed by the hearing officer to determine if

reasonable grounds have been established for the storage or impound of the vehicle. The initial

burden of proof established by a preponderance of the evidence that the storage/impound was

based on probable cause rests with the Department.

After consideration of all information, the hearing officer shall determine the validity of the storage

or impound of the vehicle in question and then render a decision. The hearing officer shall also

consider any mitigating circumstances attendant to the storage that reasonably would warrant the

release of the vehicle or a modification or reduction of the period the vehicle is impounded (Vehicle

Code §14602.6(b); Vehicle Code § 14602.8(b)).

Aside from those mitigating circumstances enumerated in the Vehicle Code, the registered

owner's lack of actual knowledge that the driver to whom the vehicle was loaned was not validly

licensed may constitute a mitigating circumstance under Vehicle Code § 14602.6(b) or 14602.8(b),

warranting release of the vehicle. This mitigating circumstance exception is not limited to situations

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where the owner made a reasonable inquiry as to the licensed status of the driver before lending

the vehicle.

The legislative intent and this department’s policy is to prevent unlicensed driving pursuant to

Vehicle Code §14602.6. If this purpose is not furthered by the continued impoundment of a vehicle,

release is most often appropriate.

(a)

If a decision is made that reasonable grounds for storage or impound have been

established, the hearing officer shall advise the inquiring party of the decision and that

the inquiring party may pursue further civil remedies if desired.

1.

If mitigating circumstances are found to be relevant, the hearing officer shall

make reasonable adjustments to the impound period, storage or assessment of

fees as warranted.

(b)

If a decision is made that reasonable grounds for storage or impound have not been

established or sufficient mitigating circumstances exist, the vehicle in storage shall

be released immediately. Towing and storage fees will be paid at the Department’s

expense (Vehicle Code § 22852(e)).

(c)

If a decision is made that reasonable grounds for storage have not been established

or sufficient mitigating circumstances exist, and the vehicle has been released with

fees having been paid, the receipt for such fees will be forwarded with a letter to

the appropriate Lieutenant. The hearing officer will recommend to the appropriate

Lieutenant that the fees paid by the registered or legal owner of the vehicle in question

or their agent be reimbursed by the Department.

Policy

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Impaired Driving

504.1 PURPOSE AND SCOPE

This policy provides guidance to those department members who play a role in the detection and

investigation of driving under the influence (DUI).

504.2 POLICY

The Sonoma State University Police Department is committed to the safety of the roadways and

the community and will pursue fair but aggressive enforcement of California’s impaired driving

laws.

504.3 INVESTIGATIONS

Officers should not enforce DUI laws to the exclusion of their other duties unless specifically

assigned to DUI enforcement. All officers are expected to enforce these laws with due diligence.

The Sergeant will develop and maintain, in consultation with the prosecuting attorney, report forms

with appropriate checklists to assist investigating officers in documenting relevant information and

maximizing efficiency. Any DUI investigation will be documented using these forms. Information

documented elsewhere on the form does not need to be duplicated in the report narrative.

Information that should be documented includes, at a minimum:

(a) The field sobriety tests (FSTs) administered and the results.

(b) The officer’s observations that indicate impairment on the part of the individual,

and the officer’s health-related inquiries that may help to identify any serious health

concerns (e.g., diabetic shock).

(c) Sources of additional information (e.g., reporting party, witnesses) and their

observations.

(d) Information about any audio and/or video recording of the individual’s driving or

subsequent actions.

(e) The location and time frame of the individual’s vehicle operation and how this was

determined.

(f) Any prior related convictions in California or another jurisdiction.

504.4 FIELD TESTS

The Sergeant should identify standardized FSTs and any approved alternate tests for officers to

use when investigating violations of DUI laws.

504.5 CHEMICAL TESTS

A person implies consent to a chemical test or tests, and to providing the associated chemical

sample, under any of the following (Vehicle Code § 23612):

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(a)

The person is arrested for driving a vehicle while under the influence, pursuant to

Vehicle Code § 23152.

(b)

The person is under 21 years of age and is arrested by an officer having reasonable

cause to believe that the person’s blood alcohol content is 0.05 or more (Vehicle Code

§ 23140).

(c)

The person is under 21 years of age and detained by an officer having reasonable

cause to believe that the person was driving a vehicle while having a blood alcohol

content of 0.01 or more (Vehicle Code § 23136).

(d)

The person was operating a vehicle while under the influence and proximately caused

bodily injury to another person (Vehicle Code § 23153).

If a person withdraws this implied consent, or is unable to withdraw consent (e.g., the person is

unconscious), the officer should consider implied consent revoked and proceed as though the

person has refused to provide a chemical sample.

504.5.1 STATUTORY NOTIFICATIONS

Officers requesting that a person submit to chemical testing shall provide the person with the

mandatory warning pursuant to Vehicle Code § 23612(a)(1)(D) and Vehicle Code § 23612(a)(4).

504.5.2 PRELIMINARY ALCOHOL SCREENING

Officers may use a preliminary alcohol screening (PAS) test to assist in establishing reasonable

cause to believe a person is DUI. The officer shall advise the person that the PAS test is being

requested to assist in determining whether the person is under the influence of alcohol or drugs,

or a combination of the two. Unless the person is under the age of 21, he/she shall be advised

that the PAS test is voluntary. The officer shall also advise the person that submitting to a PAS

test does not satisfy his/her obligation to submit to a chemical test as otherwise required by law

(Vehicle Code § 23612).

504.5.3 PRELIMINARY ALCOHOL SCREENING FOR A PERSON UNDER AGE 21

If an officer lawfully detains a person under 21 years of age who is driving a motor vehicle and

the officer has reasonable cause to believe that the person has a blood alcohol content of 0.01

or more, the officer shall request that the person take a PAS test to determine the presence of

alcohol in the person, if a PAS test device is immediately available. If a PAS test device is not

immediately available, the officer may request the person to submit to chemical testing of his/her

blood, breath or urine, conducted pursuant to Vehicle Code § 23612 (Vehicle Code § 13388).

If the person refuses to take or fails to complete the PAS test or other chemical test, or if the result

of either test reveals a blood alcohol content of 0.01 or more, the officer shall proceed to serve

the person with a notice of order of suspension pursuant to this policy (Vehicle Code § 13388).

504.5.4 CHOICE OF TESTS

Officers shall respect a viable choice of chemical test made by an arrestee, as provided for by

law (e.g., breath will not be acceptable for suspected narcotics influence).

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A person arrested for DUI has the choice of whether the test is of his/her blood or breath, and

the officer shall advise the person that he/she has that choice. If the person arrested either is

incapable, or states that he/she is incapable, of completing the chosen test, the person shall submit

to the remaining test.

If the person chooses to submit to a breath test and there is reasonable cause to believe that

the person is under the influence of a drug or the combined influence of alcohol and any drug,

the officer may also request that the person submit to a blood test. If the person is incapable of

completing a blood test, the person shall submit to and complete a urine test (Vehicle Code §

23612(a)(2)(C)).

504.5.5 BREATH SAMPLES

The Sergeant should ensure that all devices used for the collection and analysis of breath samples

are properly serviced and tested, and that a record of such service and testing is properly

maintained.

Officers obtaining a breath sample should monitor the device for any sign of malfunction. Any

anomalies or equipment failures should be noted in the appropriate report and promptly reported

to the Sergeant.

When the arrested person chooses a breath test, the handling officer shall advise the person that

the breath-testing equipment does not retain a sample, and the person may, if desired, provide a

blood or urine specimen, which will be retained to facilitate subsequent verification testing (Vehicle

Code § 23614).

The officer should also require the person to submit to a blood test if the officer has a clear

indication that a blood test will reveal evidence of any drug or the combined influence of an

alcoholic beverage and any drug. Evidence of the officer’s belief shall be included in the officer’s

report (Vehicle Code § 23612(a)(2)(C)).

504.5.6 BLOOD SAMPLES

Only persons authorized by law to draw blood shall collect blood samples (Vehicle Code § 23158).

The blood draw should be witnessed by the assigned officer. No officer, even if properly certified,

should perform this task.

Officers should inform an arrestee that if he/she chooses to provide a blood sample, a separate

sample can be collected for alternate testing. Unless medical personnel object, two samples

should be collected and retained as evidence, so long as only one puncture is required.

The blood sample shall be packaged, marked, handled, stored and transported as required by

the testing facility.

If an arrestee cannot submit to a blood draw because he/she has a bleeding disorder or has taken

medication that inhibits coagulation, he/she shall not be required to take a blood test. Such inability

to take a blood test should not be considered a refusal. However, that arrestee may be required

to complete another available and viable test.

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504.5.7 URINE SAMPLES

If a urine test will be performed, the arrestee should be promptly transported to the appropriate

testing site. The officer shall follow any directions accompanying the urine evidence collection kit.

Urine samples shall be collected and witnessed by an officer or jail staff member of the same sex

as the individual giving the sample. The arrestee should be allowed sufficient privacy to maintain

his/her dignity, to the extent possible, while still ensuring the accuracy of the sample (Vehicle

Code § 23158(i)).

The sample shall be packaged, marked, handled, stored and transported as required by the testing

facility.

504.6 REFUSALS

When an arrestee refuses to provide a viable chemical sample, officers should:

(a) Advise the arrestee of the requirement to provide a sample (Vehicle Code § 23612).

(b) Audio- and/or video-record the admonishment when it is practicable.

(c) Document the refusal in the appropriate report.

504.6.1 STATUTORY NOTIFICATIONS UPON REFUSAL

Upon refusal to submit to a chemical test as required by law, officers shall personally serve the

notice of order of suspension upon the arrestee and take possession of any state-issued license

to operate a motor vehicle that is held by that individual (Vehicle Code § 23612(e); Vehicle Code

§ 23612(f)).

504.6.2 BLOOD SAMPLE WITHOUT CONSENT

A blood sample may be obtained from a person who refuses a chemical test when any of the

following conditions exist:

(a)

A search warrant has been obtained (Penal Code § 1524).

(b)

The officer can articulate that exigent circumstances exist. Exigency does not exist

solely because of the short time period associated with the natural dissipation of

alcohol or controlled or prohibited substances in the person’s bloodstream. Exigency

can be established by the existence of special facts such as a lengthy time delay in

obtaining a blood sample due to an accident investigation or medical treatment of the

person.

504.6.3 FORCED BLOOD SAMPLE

If an arrestee indicates by word or action that he/she will physically resist a blood draw, the officer

should request a supervisor to respond.

The responding supervisor should:

(a)

Evaluate whether using force to obtain a blood sample is appropriate under the

circumstances.

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(b)

Ensure that all attempts to obtain a blood sample through force cease if the person

agrees to, and completes a viable form of testing in a timely manner.

(c)

Advise the person of his/her duty to provide a sample (even if this advisement was

previously done by another officer) and attempt to persuade the individual to submit

to such a sample without physical resistance.

1.

This dialogue should be recorded on audio and/or video if practicable.

(d)

Ensure that the blood sample is taken in a medically approved manner.

(e)

Ensure the forced blood draw is recorded on audio and/or video when practicable.

(f)

Monitor and ensure that the type and level of force applied appears reasonable under

the circumstances:

1.

Unless otherwise provided in a warrant, force should generally be limited to

handcuffing or similar restraint methods.

2.

In misdemeanor cases, if the arrestee becomes violent or more resistant, no

additional force will be used and a refusal should be noted in the report.

3.

In felony cases, force which reasonably appears necessary to overcome the

resistance to the blood draw may be permitted.

(g)

Ensure the use of force and methods used to accomplish the collection of the blood

sample are documented in the related report.

If a supervisor is unavailable, officers are expected to use sound judgment and perform as a

responding supervisor, as set forth above.

504.7 ARREST AND INVESTIGATION

504.7.1 WARRANTLESS ARREST

In addition to the arrest authority granted to officers pursuant to Penal Code § 836, an officer may

make a warrantless arrest of a person that the officer has reasonable cause to believe has been

driving under the influence of an alcoholic beverage or any drug, or under the combined influence

of the same when (Vehicle Code § 40300.5):

(a) The person is involved in a traffic accident.

(b) The person is observed in or about a vehicle that is obstructing the roadway.

(c) The person will not be apprehended unless immediately arrested.

(d) The person may cause injury to him/herself or damage property unless immediately

arrested.

(e) The person may destroy or conceal evidence of a crime unless immediately arrested.

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504.7.2 OFFICER RESPONSIBILITIES

The officer serving the arrested person with a notice of an order of suspension shall immediately

(Vehicle Code § 23612):

(a) Forward a copy of the completed notice of suspension or revocation form and any

confiscated driver’s license to the Department of Motor Vehicles (DMV).

(b) Forward a sworn report to DMV that contains the required information in Vehicle Code

§ 13380.

(c) Forward the results to the appropriate forensic laboratory if the person submitted to

a blood or urine test.

504.8 RECORDS SECTION RESPONSIBILITIES

The Lieutenant will ensure that all case-related records are transmitted according to current

records procedures and as required by the prosecuting attorney’s office.

504.8 ADMINISTRATIVE HEARINGS

The Lieutenant will ensure that all appropriate reports and documents related to administrative

license suspensions are reviewed and forwarded to DMV.

Any officer who receives notice of required attendance to an administrative license suspension

hearing should promptly notify the prosecuting attorney.

An officer called to testify at an administrative hearing should document the hearing date and

DMV file number in a supplemental report. Specific details of the hearing generally should not be

included in the report unless errors, additional evidence or witnesses are identified.

504.9 TRAINING

The Training Sergeant should ensure that officers participating in the enforcement of DUI laws

receive regular training. Training should include, at minimum, current laws on impaired driving,

investigative techniques and rules of evidence pertaining to DUI investigations. The Training

Sergeant should confer with the prosecuting attorney’s office and update training topics as needed.

Policy

505

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Traffic Citations

505.1 PURPOSE AND SCOPE

This policy outlines the responsibility for traffic citations, the procedure for dismissal, correction,

and voiding of traffic citations.

505.2 RESPONSIBILITIES

The Sergeant shall be responsible for the development and design of all Department traffic

citations in compliance with state law and the Judicial Council.

The Records Section shall be responsible for the supply and accounting of all traffic citations

issued to employees of this department.

505.3 DISMISSAL OF TRAFFIC CITATIONS

Employees of this department do not have the authority to dismiss a citation once it has been

issued. Only the court has the authority to dismiss a citation that has been issued (Vehicle Code

§ 40500(d)). Any request from a recipient to dismiss a citation shall be referred to the Traffic

Bureau Manager. Upon a review of the circumstances involving the issuance of the traffic citation,

the Traffic Bureau Manager may request the Patrol Lieutenant to recommend dismissal of the

traffic citation. If approved, the citation will be forwarded to the appropriate court with a request

for dismissal. All recipients of traffic citations whose request for the dismissal of a traffic citation

has been denied shall be referred to the appropriate court.

Should an officer determine during a court proceeding that a traffic citation should be dismissed

in the interest of justice or where prosecution is deemed inappropriate the officer may request

the court to dismiss the citation. Upon dismissal of the traffic citation by the court, the officer

shall notify his/her immediate supervisor of the circumstances surrounding the dismissal and shall

complete any paperwork as directed or required. The citation dismissal shall then be forwarded

to the Patrol Lieutenant for review.

505.4 VOIDING TRAFFIC CITATIONS

Voiding a traffic citation may occur when a traffic citation has not been completed or where it is

completed, but not issued. All copies of the citation shall be presented to a supervisor to approve

the voiding of the citation. The citation and copies shall then be forwarded to the Traffic Bureau.

505.5 CORRECTION OF TRAFFIC CITATIONS

When a traffic citation is issued and in need of correction, the officer issuing the citation shall

submit the citation and a letter requesting a specific correction to his/her immediate supervisor.

The citation and letter shall then be forwarded to the Traffic Bureau. The Traffic Bureau shall

prepare a letter of correction to the court having jurisdiction and to the recipient of the citation.

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505.6 DISPOSITION OF TRAFFIC CITATIONS

The court and file copies of all traffic citations issued by members of this department shall be

forwarded to the employee’s immediate supervisor for review. The citation copies shall then be

filed with the Records Section.

Upon separation from employment with this department, all employees issued traffic citation books

shall return any unused citations to the Records Section.

505.7 NOTICE OF PARKING VIOLATION APPEAL PROCEDURE

Disposition of notice of parking violation appeals is conducted pursuant to Vehicle Code § 40215.

505.7.1 APPEAL STAGES

Appeals may be pursued sequentially at three different levels (Vehicle Code § 40215; Vehicle

Code § 40230):

(a) Administrative reviews are conducted by the Traffic Bureau who will review written/

documentary data. Requests for administrative reviews are available at the front desk

or Traffic Bureau of the Sonoma State University Police Department. These requests

are informal written statements outlining why the notice of parking violation should be

dismissed. Copies of documentation relating to the notice of parking violation and the

request for dismissal must be mailed to the current mailing address of the processing

agency.

(b) If the appellant wishes to pursue the matter beyond administrative review, an

administrative hearing may be conducted in person or by written application, at the

election of the appellant. Independent referees review the existent administrative file,

amendments, and/or testimonial material provided by the appellant and may conduct

further investigation or follow-up on their own.

(c) If the appellant wishes to pursue the matter beyond an administrative hearing, a

Superior Court review may be presented in person by the appellant after an application

for review and designated filing fees have been paid to the Superior Court of California.

505.7.2 TIME REQUIREMENTS

Administrative review or appearance before a hearing examiner will not be provided if the

mandated time limits are not adhered to by the violator.

(a) Requests for an administrative review must be postmarked within 21 calendar days of

issuance of the notice of parking violation, or within 14 calendar days of the mailing of

the Notice of Delinquent Parking Violation (Vehicle Code § 40215(a)).

(b) Requests for administrative hearings must be made no later than 21 calendar days

following the notification mailing of the results of the administrative review (Vehicle

Code § 40215(b)).

(c) An administrative hearing shall be held within 90 calendar days following the receipt of

a request for an administrative hearing, excluding time tolled pursuant to Vehicle Code

§ 40200 - 40225. The person requesting the hearing may request one continuance,

not to exceed 21 calendar days (Vehicle Code § 40215).

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(d) Registered owners of vehicles may transfer responsibility for the violation via timely

affidavit of non-liability when the vehicle has been transferred, rented or under certain

other circumstances (Vehicle Code § 40209; Vehicle Code § 40210).

505.7.3 COSTS

(a) There is no cost for an administrative review.

(b) Appellants must deposit the full amount due for the citation before receiving an

administrative hearing, unless the person is indigent, as defined in Vehicle Code §

40220, and provides satisfactory proof of inability to pay (Vehicle Code § 40215).

(c) An appeal through Superior Court requires prior payment of filing costs, including

applicable court charges and fees. These costs will be reimbursed to the appellant in

addition to any previously paid fines if appellant's liability is overruled by the Superior

Court.

505.8 JUVENILE CITATIONS

Completion of traffic citation forms for juveniles may vary slightly from the procedure for adults.

The juvenile’s age, place of residency, and the type of offense should be considered before issuing

the juvenile a citation.

Policy

506

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Disabled Vehicles

506.1 PURPOSE AND SCOPE

Vehicle Code § 20018 provides that all law enforcement agencies having responsibility for traffic

enforcement may develop and adopt a written policy to provide assistance to motorists in disabled

vehicles within their primary jurisdiction.

506.2 OFFICER RESPONSIBILITY

When an on-duty officer observes a disabled vehicle on the roadway, the officer should make a

reasonable effort to provide assistance. If that officer is assigned to a call of higher priority, the

dispatcher should be advised of the location of the disabled vehicle and the need for assistance.

The dispatcher should then assign another available officer to respond for assistance as soon

as practical.

506.3 EXTENT OF ASSISTANCE

In most cases, a disabled motorist will require assistance. After arrangements for assistance are

made, continued involvement by department personnel will be contingent on the time of day, the

location, the availability of department resources, and the vulnerability of the disabled motorist.

506.3.1 MECHANICAL REPAIRS

Department personnel shall not make mechanical repairs to a disabled vehicle. The use of push

bumpers to relocate vehicles to a position of safety is not considered a mechanical repair.

506.3.2 RELOCATION OF DISABLED VEHICLES

The relocation of disabled vehicles by members of this department by pushing or pulling a vehicle

should only occur when the conditions reasonably indicate that immediate movement is necessary

to reduce a hazard presented by the disabled vehicle.

506.3.3 RELOCATION OF DISABLED MOTORIST

The relocation of a disabled motorist should only occur with the person’s consent and should be

suggested when conditions reasonably indicate that immediate movement is necessary to mitigate

a potential hazard. The department member may stay with the disabled motorist or transport him/

her to a safe area to await pickup.

506.4 PUBLIC ACCESS TO THIS POLICY

This written policy is available upon request.

Policy

507

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72-Hour Parking Violations

507.1 PURPOSE AND SCOPE

This policy provides procedures for the marking, recording, and storage of vehicles parked in

violation of the Sonoma State University State Ordinance regulating 72-hour parking violations

and abandoned vehicles under the authority of Vehicle Code § 22669.

507.2 MARKING VEHICLES

Vehicles suspected of being in violation of the State of Sonoma State University 72-Hour Parking

Ordinance shall be marked and noted on the Sonoma State University Police Department Marked

Vehicle Card. No case number is required at this time.

A visible chalk mark should be placed on the left rear tire tread at the fender level unless missing

tires or other vehicle conditions prevent marking. Any deviation in markings shall be noted on

the Marked Vehicle Card. The investigating employee should make a good faith effort to notify

the owner of any vehicle subject to towing prior to having the vehicle removed. This may be

accomplished by personal contact, telephone or by leaving notice attached to the vehicle at least

24 hours prior to removal.

All Marked Vehicle Cards shall be submitted to the Traffic Bureau for computer data entry.

If a marked vehicle has been moved or the markings have been removed during a 72-hour

investigation period, the vehicle shall be marked again for the 72-hour parking violation and a

Marked Vehicle Card completed and forwarded to the Traffic Bureau.

Parking citations for the 72-hour parking ordinance shall not be issued when the vehicle is stored

for the 72-hour parking violation.

507.2.1 MARKED VEHICLE FILE

The Traffic Bureau shall be responsible for maintaining a file for all Marked Vehicle Cards.

Parking control officers assigned to the Traffic Bureau shall be responsible for the follow up

investigation of all 72-hour parking violations noted on the Marked Vehicle Cards.

507.2.2 VEHICLE STORAGE

Any vehicle in violation shall be stored by the authorized towing service and a vehicle storage

report shall be completed by the officer authorizing the storage of the vehicle.

The storage report form shall be submitted to the Records Section immediately following the

storage of the vehicle. It shall be the responsibility of the Records Section to immediately notify

the Stolen Vehicle System (SVS) of the Department of Justice in Sacramento ( Vehicle Code §

22851.3(b)). Notification may also be made to the National Law Enforcement Telecommunications

System (NLETS)(Vehicle Code § 22854.5).

Within 48 hours of the storage of any such vehicle, excluding weekends and holidays, it shall be

the responsibility of the Records Section to determine the names and addresses of any individuals

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having an interest in the vehicle through DMV or CLETS computers. Notice to all such individuals

shall be sent first-class or certified mail pursuant to Vehicle Code § 22851.3(d).

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Chapter 6 - Investigation Operations

Policy

600

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Investigation and Prosecution

600.1 PURPOSE AND SCOPE

The purpose of this policy is to set guidelines and requirements pertaining to the handling and

disposition of criminal investigations.

600.2 POLICY

It is the policy of the Sonoma State University Police Department to investigate crimes thoroughly

and with due diligence, and to evaluate and prepare criminal cases for appropriate clearance or

submission to a prosecutor.

600.3 INITIAL INVESTIGATION

600.3.1 OFFICER RESPONSIBILITIES

An officer responsible for an initial investigation shall complete no less than the following:

(a) Make a preliminary determination of whether a crime has been committed by

completing, at a minimum:

1. An initial statement from any witnesses or complainants.

2. A cursory examination for evidence.

(b) If information indicates a crime has occurred, the officer shall:

1. Preserve the scene and any evidence as required to complete the initial and

follow-up investigation.

2. Determine if additional investigative resources (e.g., investigators or scene

processing) are necessary and request assistance as required.

3. If assistance is warranted, or if the incident is not routine, notify a supervisor or

the Watch Commander.

4. Make reasonable attempts to locate, identify and interview all available victims,

complainants, witnesses and suspects.

5. Collect any evidence.

6. Take any appropriate law enforcement action.

7. Complete and submit the appropriate reports and documentation.

(c) If the preliminary determination is that no crime occurred, determine what other action

may be necessary, what other resources may be available, and advise the informant

or complainant of this information.

600.3.2 PROFESSIONAL STAFF MEMBER RESPONSIBILITIES

A professional staff member assigned to any preliminary investigation is responsible for all

investigative steps, except making any attempt to locate, contact or interview a suspect face-to-

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face or take any enforcement action. Should an initial investigation indicate that those steps are

required, the assistance of an officer shall be requested.

600.4 CUSTODIAL INTERROGATION REQUIREMENTS

Suspects who are in custody and subjected to an interrogation shall be given the Miranda warning,

unless an exception applies. Interview or interrogation of a juvenile shall be in accordance with

the Temporary Custody of Juveniles Policy.

600.4.1 AUDIO/VIDEO RECORDINGS

Any custodial interrogation of an individual who is suspected of having committed any violent

felony offense should be recorded (audio or video with audio as available) in its entirety.

Regardless of where the interrogation occurs, every reasonable effort should be made to secure

functional recording equipment to accomplish such recordings.

Consideration should also be given to recording a custodial interrogation, or any investigative

interview, for any other offense when it is reasonable to believe it would be appropriate and

beneficial to the investigation and is otherwise allowed by law.

No recording of a custodial interrogation should be destroyed or altered without written

authorization from the prosecuting attorney and the Investigations Unit supervisor. Copies of

recorded interrogations or interviews may be made in the same or a different format as the original

recording, provided the copies are true, accurate and complete and are made only for authorized

and legitimate law enforcement purposes.

Recordings should not take the place of a thorough report and investigative interviews. Written

statements from suspects should continue to be obtained when applicable.

600.4.2 MANDATORY RECORDING OF ADULTS

Any custodial interrogation of an adult who is suspected of having committed any murder shall

be recorded in its entirety. The recording should be video with audio if reasonably feasible (Penal

Code § 859.5).

This recording is not mandatory when (Penal Code § 859.5):

(a) Recording is not feasible because of exigent circumstances that are later documented

in a report.

(b) The suspect refuses to have the interrogation recorded, including a refusal any time

during the interrogation, and the refusal is documented in a report. If feasible, the

refusal shall be electronically recorded.

(c) The custodial interrogation occurred in another state by law enforcement officers

of that state, unless the interrogation was conducted with the intent to avoid the

requirements of Penal Code § 859.5.

(d) The interrogation occurs when no member conducting the interrogation has a

reason to believe that the individual may have committed murder. Continued

custodial interrogation concerning that offense shall be electronically recorded if the

interrogating member develops a reason to believe the individual committed murder.

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(e) The interrogation would disclose the identity of a confidential informant or would

jeopardize the safety of an officer, the individual being interrogated or another

individual. Such circumstances shall be documented in a report.

(f) A recording device fails despite reasonable maintenance and the timely repair or

replacement is not feasible.

(g) The questions are part of a routine processing or booking, and are not an interrogation.

(h) The suspect is in custody for murder and the interrogation is unrelated to a

murder. However, if any information concerning a murder is mentioned during the

interrogation, the remainder of the interrogation shall be recorded.

The Department shall maintain an original or an exact copy of the recording until a conviction

relating to the interrogation is final and all appeals are exhausted or prosecution is barred by law

(Penal Code § 859.5).

600.5 DISCONTINUATION OF INVESTIGATIONS

The investigation of a criminal case or efforts to seek prosecution should only be discontinued if

one of the following applies:

(a) All reasonable investigative efforts have been exhausted, no reasonable belief that

the person who committed the crime can be identified, and the incident has been

documented appropriately.

(b) The perpetrator of a misdemeanor has been identified and a warning is the most

appropriate disposition.

1. In these cases, the investigator shall document that the person was warned and

why prosecution was not sought.

2. Warnings shall not be given for felony offenses or other offenses identified in this

policy or by law that require an arrest or submission of a case to a prosecutor.

(c) The case has been submitted to the appropriate prosecutor but no charges have been

filed. Further investigation is not reasonable nor has the prosecutor requested further

investigation.

(d) The case has been submitted to the appropriate prosecutor, charges have been filed,

and further investigation is not reasonable, warranted, or requested, and there is no

need to take the suspect into custody.

(e) Suspects have been arrested, there are no other suspects, and further investigation

is either not warranted, or requested.

(f) Investigation has proven that a crime was not committed (see the Sexual Assault

Investigations Policy for special considerations in these cases).

The Domestic Violence, Child Abuse Sexual Assault Investigations, and Senior and Disability

Victimization policies may also require an arrest or submittal of a case to a prosecutor.

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600.6 COMPUTERS AND DIGITAL EVIDENCE

The collection, preservation, transportation and storage of computers, cell phones and other

digital devices may require specialized handling to preserve the value of the related evidence. If

it is anticipated that computers or similar equipment will be seized, officers should request that

computer forensic examiners assist with seizing computers and related evidence. If a forensic

examiner is unavailable, officers should take reasonable steps to prepare for such seizure and

use the resources that are available.

600.7 INVESTIGATIVE USE OF SOCIAL MEDIA AND INTERNET SOURCES

Use of social media and any other Internet source to access information for the purpose of criminal

investigation shall comply with applicable laws and policies regarding privacy, civil rights and

civil liberties. Information gathered via the Internet should only be accessed by members while

on-duty and for purposes related to the mission of this department. If a member encounters

information relevant to a criminal investigation while off-duty or while using his/her own equipment,

the member should note the dates, times and locations of the information and report the discovery

to his/her supervisor as soon as practicable. The member, or others who have been assigned to

do so, should attempt to replicate the finding when on-duty and using department equipment.

Information obtained via the Internet should not be archived or stored in any manner other

than department-established record keeping systems (see the Records Maintenance and Release

and the Criminal Organizations policies).

600.7.1 ACCESS RESTRICTIONS

Information that can be accessed from any department computer, without the need of an account,

password, email address, alias or other identifier (unrestricted websites), may be accessed and

used for legitimate investigative purposes without supervisory approval.

Accessing information from any Internet source that requires the use or creation of an account,

password, email address, alias or other identifier, or the use of nongovernment IP addresses,

requires supervisor approval prior to access. The supervisor will review the justification for

accessing the information and consult with legal counsel as necessary to identify any policy or

legal restrictions. Any such access and the supervisor approval shall be documented in the related

investigative report.

Accessing information that requires the use of a third party’s account or online identifier requires

supervisor approval and the consent of the third party. The consent must be voluntary and shall

be documented in the related investigative report.

Information gathered from any Internet source should be evaluated for its validity, authenticity,

accuracy and reliability. Corroborative evidence should be sought and documented in the related

investigative report.

Any information collected in furtherance of an investigation through an Internet source should be

documented in the related report. Documentation should include the source of information and

the dates and times that the information was gathered.

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600.7.2 INTERCEPTING ELECTRONIC COMMUNICATION

Intercepting social media communications in real time may be subject to federal and state wiretap

laws. Officers should seek legal counsel before any such interception.

600.8 CELLULAR COMMUNICATIONS INTERCEPTION TECHNOLOGY

The Investigation Lieutenant is responsible for ensuring the following for cellular communications

interception technology operations (Government Code § 53166):

(a) Security procedures are developed to protect information gathered through the use

of the technology.

(b) A usage and privacy policy is developed that includes:

1. The purposes for which using cellular communications interception technology

and collecting information is authorized.

2. Identification by job title or other designation of employees who are authorized to

use or access information collected through the use of cellular communications

interception technology.

3. Training requirements necessary for those authorized employees.

4. A description of how the Department will monitor the use of its cellular

communications interception technology to ensure the accuracy of the

information collected and compliance with all applicable laws.

5. Process and time period system audits.

6. Identification of the existence of any memorandum of understanding or other

agreement with any other local agency or other party for the shared use of

cellular communications interception technology or the sharing of information

collected through its use, including the identity of signatory parties.

7. The purpose of, process for and restrictions on the sharing of information

gathered through the use of cellular communications interception technology

with other local agencies and persons.

8. The length of time information gathered through the use of cellular

communications interception technology will be retained, and the process the

local agency will utilize to determine if and when to destroy retained information.

Members shall only use approved devices and usage shall be in compliance with department

security procedures, the department’s usage and privacy procedures and all applicable laws.

600.9 MODIFICATION OF CHARGES FILED

Members are not authorized to recommend to the prosecutor or to any other official of the court

that charges on a pending case be amended or dismissed without the authorization of a Lieutenant

or the Chief of Police. Any authorized request to modify the charges or to recommend dismissal

of charges shall be made to the prosecutor.

Policy

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Sexual Assault Investigations

601.1 PURPOSE AND SCOPE

The purpose of this policy is to establish guidelines for the investigation of sexual assaults. These

guidelines will address some of the unique aspects of such cases and the effects that these crimes

have on the victims.

Mandatory notifications requirements are addressed in the Child Abuse and Senior and Disability

Victimization policies.

601.1.1 DEFINITIONS

Definitions related to this policy include:

Sexual assault - Any crime or attempted crime of a sexual nature, to include but not limited to

offenses defined in Penal Code § 243.4, Penal Code § 261 et seq., and Penal Code § 285 et seq.

Sexual Assault Response Team (SART) - A multidisciplinary team generally comprised of

advocates; law enforcement officers; forensic medical examiners, including sexual assault

forensic examiners (SAFEs) or sexual assault nurse examiners (SANEs) if possible; forensic

laboratory personnel; and prosecutors. The team is designed to coordinate a broad response to

sexual assault victims.

601.2 POLICY

It is the policy of the Sonoma State University Police Department that its members, when

responding to reports of sexual assaults, will strive to minimize the trauma experienced by the

victims, and will aggressively investigate sexual assaults, pursue expeditious apprehension and

conviction of perpetrators, and protect the safety of the victims and the community.

601.3 QUALIFIED INVESTIGATORS

Qualified investigators should be available for assignment of sexual assault investigations. These

investigators should:

(a) Have specialized training in, and be familiar with, interview techniques and the medical

and legal issues that are specific to sexual assault investigations.

(b) Conduct follow-up interviews and investigation.

(c) Present appropriate cases of alleged sexual assault to the prosecutor for review.

(d) Coordinate with other enforcement agencies, social service agencies and medical

personnel as needed.

(e) Provide referrals to therapy services, victim advocates and support for the victim.

(f) Participate in or coordinate with SART.

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601.4 REPORTING

In all reported or suspected cases of sexual assault, a report should be written and assigned

for follow-up investigation. This includes incidents in which the allegations appear unfounded or

unsubstantiated.

601.5 VICTIM INTERVIEWS

The primary considerations in sexual assault investigations, which begin with the initial call

to Dispatch, should be the health and safety of the victim, the preservation of evidence, and

preliminary interviews to determine if a crime has been committed and to attempt to identify the

suspect.

Whenever possible, a member of SART should be included in the initial victim interviews.

An in-depth follow-up interview should not be conducted until after the medical and forensic

examinations are completed and the personal needs of the victim have been met (e.g., change

of clothes, bathing). The follow-up interview may be delayed to the following day based upon the

circumstances. Whenever practicable, the follow-up interview should be conducted by a qualified

investigator.

No opinion of whether the case is unfounded shall be included in the report.

Victims shall not be asked or required to take a polygraph examination (34 USC § 10451; Penal

Code § 637.4).

Victims should be apprised of applicable victim’s rights provisions, as outlined in the Victim and

Witness Assistance Policy.

601.5.1 VICTIM RIGHTS

Whenever there is an alleged sexual assault, the assigned officer shall accomplish the following:

(a) Advise the victim in writing of the right to have a victim advocate and a support person

of the victim's choosing present at any interview or contact by law enforcement, any

other rights of a sexual assault victim pursuant to Penal Code § 680.2, and the right to

have a person of the same or opposite gender present in the room during any interview

with a law enforcement official unless no such person is reasonably available (Penal

Code § 679.04).

(b) If the victim is transported to a hospital for any medical evidentiary or physical

examination, the officer shall immediately cause the local rape victim counseling

center to be notified (Penal Code § 264.2).

1. The officer shall not discourage a victim from receiving a medical evidentiary or

physical examination (Penal Code § 679.04).

2. A support person may be excluded from the examination by the officer or the

medical provider if his/her presence would be detrimental to the purpose of the

examination (Penal Code § 264.2).

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601.5.2 VICTIM CONFIDENTIALITY

Officers investigating or receiving a report of an alleged sex offense shall inform the victim, or the

victim’s parent or guardian if the victim is a minor, that his/her name will become a matter of public

record unless the victim requests that his/her name not be made public. The reporting officer shall

document in his/her report that the victim was properly informed and shall include any related

response made by the victim, or if a minor, any response made by the victim’s parent or guardian

(Penal Code § 293).

Except as authorized by law, members of this department shall not publicly disclose the name of

any victim of a sex crime who has exercised his/her right to confidentiality (Penal Code § 293).

601.6 COLLECTION AND TESTING OF BIOLOGICAL EVIDENCE

Whenever possible, a SART member should be involved in the collection of forensic evidence

from the victim.

When the facts of the case indicate that collection of biological evidence is warranted, it should

be collected regardless of how much time has elapsed since the reported assault.

If a drug-facilitated sexual assault is suspected, urine and blood samples should be collected from

the victim as soon as practicable.

Subject to requirements set forth in this policy, biological evidence from all sexual assault cases,

including cases where the suspect is known by the victim, should be submitted for testing.

Victims who choose not to assist with an investigation, do not desire that the matter be

investigated, or wish to remain anonymous may still consent to the collection of evidence under

their control. In these circumstances, the evidence should be collected and stored appropriately.

601.6.1 STANDARDIZED SEXUAL ASSAULT FORENSIC MEDICAL EVIDENCE KIT

The Property and Evidence Section supervisor should make California standardized sexual

assault forensic medical evidence (SAFE) kits available to members who may investigate sexual

assault cases. Members investigating a sexual assault should use these SAFE kits when

appropriate and follow related usage guidelines issued by the California Clinical Forensic Medical

Training Center (Penal Code § 13823.14).

601.6.2 COLLECTION AND TESTING REQUIREMENTS

Members investigating a sexual assault offense should take every reasonable step to ensure

that DNA testing of such evidence is performed in a timely manner and within the time periods

prescribed by Penal Code § 803(g). SAFE kits should be submitted to the crime lab within 20 days

after being booked into evidence (Penal Code § 680).

In order to maximize the effectiveness of such testing and identify the perpetrator of any sexual

assault, the assigned officer shall ensure that an information profile for the SAFE kit evidence has

been created in the California Department of Justice (DOJ) SAFE-T database within 120 days of

collection and should further ensure that the results of any such test have been timely entered

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into and checked against both the DOJ Cal-DNA database and the Combined DNA Index System

(CODIS) (Penal Code § 680.3).

If the assigned officer determines that a SAFE kit submitted to a private laboratory for analysis has

not been tested within 120 days after submission, the officer shall update the SAFE-T database to

reflect the reason for the delay in testing. The assigned officer shall continue to update the status

every 120 days thereafter until the evidence has been analyzed or the statute of limitations has

run (Penal Code § 680.3).

If, for any reason, DNA evidence in a sexual assault case in which the identity of the perpetrator

is in issue and is not going to be analyzed within 18 months of the crime, the assigned officer

shall notify the victim of such fact in writing no less than 60 days prior to the expiration of the 18-

month period (Penal Code § 680).

Additional guidance regarding evidence retention and destruction is found in the Property and

Evidence Policy.

601.6.3 DNA TEST RESULTS

A SART member should be consulted regarding the best way to deliver biological testing results

to a victim so as to minimize victim trauma, especially in cases where there has been a significant

delay in getting biological testing results (e.g., delays in testing the evidence or delayed DNA

databank hits). Members should make reasonable efforts to assist the victim by providing available

information on local assistance programs and organizations as provided in the Victim and Witness

Assistance Policy.

(a) Upon receipt of a written request from a sexual assault victim or the victim’s authorized

designee, members investigating sexual assault cases shall inform the victim of the

status of the DNA testing of any evidence from the victim’s case (Penal Code § 680).

1. Although such information may be communicated orally, the assigned officer

should thereafter follow-up with and retain a copy of confirmation by either

written or electronic mail.

2. Absent a written request, no member of this department is required to, but may,

communicate with the victim or the victim’s authorized designee regarding the

status of any DNA testing.

(b) Subject to the commitment of sufficient resources to respond to requests for

information, sexual assault victims shall further have the following rights (Penal Code

§ 680):

1. To be informed if a DNA profile of the assailant was obtained from the testing of

the SAFE kit or other crime scene evidence from their case.

2. To be informed if there is a match between the DNA profile of the assailant

developed from the evidence and a DNA profile contained in the DOJ Convicted

Offender DNA Database, providing that disclosure would not impede or

compromise an ongoing investigation.

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3. To be informed if the DNA profile of the assailant developed from the evidence

has been entered into the DOJ Databank of case evidence.

(c) Provided that the sexual assault victim or the victim’s authorized designee has kept

the assigned officer informed with regard to current address, telephone number, and

email address (if available), any victim or the victim’s authorized designee shall, upon

request, be advised of any known significant changes regarding the victim’s case

(Penal Code § 680).

1. Although such information may be communicated orally, the assigned officer

should thereafter follow-up with and retain a copy of confirmation by either

written or electronic mail.

2. No officer shall be required or expected to release any information which might

impede or compromise any ongoing investigation.

601.7 DISPOSITION OF CASES

If the assigned investigator has reason to believe the case is without merit, the case may be

classified as unfounded only upon review and approval of the Investigations Unit supervisor.

Classification of a sexual assault case as unfounded requires the Investigations Unit supervisor

to determine that the facts have significant irregularities with reported information and that the

incident could not have happened as it was reported. When a victim has recanted his/her original

statement, there must be corroborating evidence that the allegations were false or baseless (i.e.,

no crime occurred) before the case should be determined as unfounded.

601.8 CASE REVIEW

The Investigations Unit supervisor should ensure case dispositions are reviewed on a periodic

basis, at least annually, using an identified group that is independent of the investigation process.

The reviews should include an analysis of:

•

Case dispositions.

•

Decisions to collect biological evidence.

•

Submissions of biological evidence for lab testing.

The SART and/or victim advocates should be considered for involvement in this audit. Summary

reports on these reviews should be forwarded through the chain of command to the Chief of Police.

601.9 RELEASING INFORMATION TO THE PUBLIC

In cases where the perpetrator is not known to the victim, and especially if there are multiple

crimes where more than one appear to be related, consideration should be given to releasing

information to the public whenever there is a reasonable likelihood that doing so may result in

developing helpful investigative leads. The Investigations Unit supervisor should weigh the risk

of alerting the suspect to the investigation with the need to protect the victim and the public, and

to prevent more crimes.

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601.10 TRAINING

Subject to available resources, periodic training should be provided to:

(a) Members who are first responders. Training should include:

1. Initial response to sexual assaults.

2. Legal issues.

3. Victim advocacy.

4. Victim’s response to trauma.

5. Proper use and handling of the California standardized SAFE kit (Penal Code

§ 13823.14).

(b) Qualified investigators, who should receive advanced training on additional topics.

Advanced training should include:

1. Interviewing sexual assault victims.

2. SART.

3. Medical and legal aspects of sexual assault investigations.

4. Serial crimes investigations.

5. Use of community and other federal and state investigative resources, such as

the Violent Criminal Apprehension Program (ViCAP).

6. Techniques for communicating with victims to minimize trauma.

Policy

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Asset Forfeiture

602.1 PURPOSE AND SCOPE

This policy describes the authority and procedure for the seizure, forfeiture and liquidation of

property associated with designated offenses.

602.1.1 DEFINITIONS

Definitions related to this policy include:

Fiscal agent - The person designated by the Chief of Police to be responsible for securing and

maintaining seized assets and distributing any proceeds realized from any forfeiture proceedings.

This includes any time the Sonoma State University Police Department seizes property for

forfeiture or when the Sonoma State University Police Department is acting as the fiscal agent

pursuant to a multi-agency agreement.

Forfeiture - The process by which legal ownership of an asset is transferred to a government

or other authority.

Forfeiture reviewer - The department member assigned by the Chief of Police who is responsible

for reviewing all forfeiture cases and for acting as the liaison between the Department and the

assigned attorney.

Property subject to forfeiture - The following may be subject to forfeiture:

(a)

Property related to a narcotics offense, which includes (Heath and Safety Code §

11470; Health and Safety Code § 11470.1):

1.

Property (not including real property or vehicles) used, or intended for use,

as a container for controlled substances, materials to manufacture controlled

substances, etc.

2.

Interest in a vehicle (car, boat, airplane, other vehicle) used to facilitate the

manufacture, possession for sale or sale of specified quantities of controlled

substances.

3.

Money, negotiable instruments, securities or other things of value furnished or

intended to be furnished by any person in exchange for a controlled substance,

proceeds traceable to an exchange, etc.

4.

Real property when the owner is convicted of violating Health and Safety Code §

11366, Health and Safety Code § 11366.5 or Health and Safety Code § 11366.6

(drug houses) when the property was not used as a family residence or for other

lawful purposes, or property owned by two or more persons, one of whom had

no knowledge of its unlawful use.

5.

The expenses of seizing, eradicating, destroying or taking remedial action with

respect to any controlled substance or its precursors upon conviction for the

unlawful manufacture or cultivation of any controlled substance or its precursors.

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(b)

Property related to criminal profiteering (may include gang crimes), to include (Penal

Code § 186.2; Penal Code § 186.3):

1.

Any property interest, whether tangible or intangible, acquired through a pattern

of criminal profiteering activity.

2.

All proceeds acquired through a pattern of criminal profiteering activity, including

all things of value that may have been received in exchange for the proceeds

immediately derived from the pattern of criminal profiteering activity.

Seizure - The act of law enforcement officials taking property, cash or assets that have been used

in connection with or acquired by specified illegal activities.

602.2 POLICY

The Sonoma State University Police Department recognizes that appropriately applied forfeiture

laws are helpful to enforce the law, deter crime and reduce the economic incentive of crime.

However, the potential for revenue should never compromise the effective investigation of criminal

offenses, officer safety or any person’s due process rights.

It is the policy of the Sonoma State University Police Department that all members, including those

assigned to internal or external law enforcement task force operations, shall comply with all state

and federal laws pertaining to forfeiture.

602.3 ASSET SEIZURE

Property may be seized for forfeiture as provided in this policy.

602.3.1 PROPERTY SUBJECT TO SEIZURE

The following may be seized upon review and approval of a supervisor and in coordination with

the forfeiture reviewer:

(a)

Property subject to forfeiture authorized for seizure under the authority of a search

warrant or court order.

(b)

Property subject to forfeiture not authorized for seizure under the authority of a search

warrant or court order when any of the following apply (Health and Safety Code §

11471; Health and Safety Code § 11488):

1. The property subject to forfeiture is legally seized incident to an arrest.

2. There is probable cause to believe that the property was used or is intended to

be used in a violation of the Uniform Controlled Substances Act and the seizing

officer can articulate a nexus between the property and the controlled substance

offense that would lead to the item being property subject for forfeiture.

Officers aware of assets that may be forfeitable as a result of criminal profiteering or human

trafficking should consider contacting the district attorney regarding a court order to protect the

assets (Penal Code § 186.6; Penal Code § 236.6).

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Whenever practicable, a search warrant or court order for seizure prior to making a seizure is the

preferred method.

A large amount of money standing alone is insufficient to establish the probable cause required

to make a seizure.

602.3.2 PROPERTY NOT SUBJECT TO SEIZURE

The following property should not be seized for forfeiture:

(a)

Cash and property that does not meet the forfeiture counsel’s current minimum

forfeiture thresholds should not be seized.

(b)

Real property is not subject to seizure, absent exigent circumstances, without a court

order (Health and Safety Code § 11471).

(c)

A vehicle which may be lawfully driven on the highway if there is a community property

interest in the vehicle by a person other than the suspect and the vehicle is the sole

vehicle available to the suspect’s immediate family (Health and Safety Code § 11470).

(d)

Vehicles, boats or airplanes owned by an “innocent owner,” such as a common carrier

with no knowledge of the suspected offense (Health and Safety Code § 11490).

(e) Any property when the associated activity involves the possession of marijuana or

related paraphernalia that is permissible under the Control, Regulate and Tax Adult

Use of Marijuana Act (Health and Safety Code § 11362.1).

602.4 PROCESSING SEIZED PROPERTY FOR FORFEITURE PROCEEDINGS

When property or cash subject to this policy is seized, the officer making the seizure should ensure

compliance with the following:

(a)

Complete applicable seizure forms and present the appropriate copy to the person

from whom the property is seized. If cash or property is seized from more than one

person, a separate copy must be provided to each person, specifying the items seized.

When property is seized and no one claims an interest in the property, the officer must

leave the copy in the place where the property was found, if it is reasonable to do so.

(b)

Complete and submit a report and original seizure forms within 24 hours of the seizure,

if practicable.

(c)

Forward the original seizure forms and related reports to the forfeiture reviewer within

two days of seizure.

The officer will book seized property as evidence with the notation in the comment section of

the property form, “Seized Subject to Forfeiture.” Property seized subject to forfeiture should be

booked on a separate property form. No other evidence from the case should be booked on this

form.

Photographs should be taken of items seized, particularly cash, jewelry and other valuable items.

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Officers who suspect property may be subject to seizure but are not able to seize the property

(e.g., the property is located elsewhere, the whereabouts of the property is unknown, it is real

estate, bank accounts, non-tangible assets) should document and forward the information in the

appropriate report to the forfeiture reviewer.

602.5 MAINTAINING SEIZED PROPERTY

The Property and Evidence Section Supervisor is responsible for ensuring compliance with the

following:

(a)

All property received for forfeiture is reasonably secured and properly stored to prevent

waste and preserve its condition.

(b)

All property received for forfeiture is checked to determine if the property has been

stolen.

(c)

All property received for forfeiture is retained in the same manner as evidence until

forfeiture is finalized or the property is returned to the claimant or the person with an

ownership interest.

(d)

Property received for forfeiture is not used unless the forfeiture action has been

completed.

602.6 FORFEITURE REVIEWER

The Chief of Police will appoint an officer as the forfeiture reviewer. Prior to assuming duties, or

as soon as practicable thereafter, the forfeiture reviewer should attend a department-approved

course on asset forfeiture.

The responsibilities of the forfeiture reviewer include:

(a)

Remaining familiar with forfeiture laws, particularly Health and Safety Code § 11469

et seq. and Penal Code § 186.2 et seq. and the forfeiture policies of the forfeiture

counsel.

(b)

Serving as the liaison between the Department and the forfeiture counsel and ensuring

prompt legal review of all seizures.

(c)

Making reasonable efforts to obtain annual training that includes best practices in

pursuing, seizing and tracking forfeitures.

(d)

Ensuring that property seized under state law is not referred or otherwise transferred

to a federal agency seeking the property for federal forfeiture as prohibited by Health

and Safety Code § 11471.2.

(e)

Ensuring that responsibilities, including the designation of a fiscal agent, are clearly

established whenever multiple agencies are cooperating in a forfeiture case.

(f)

Ensuring that seizure forms are available and appropriate for department use. These

should include notice forms, a receipt form and a checklist that provides relevant

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guidance to officers. The forms should be available in languages appropriate for the

region and should contain spaces for:

1.

Names and contact information for all relevant persons and law enforcement

officers involved.

2.

Information as to how ownership or other property interests may have been

determined (e.g., verbal claims of ownership, titles, public records).

3.

A space for the signature of the person from whom cash or property is being

seized.

4.

A tear-off portion or copy, which should be given to the person from whom

cash or property is being seized, that includes the legal authority for the

seizure, information regarding the process to contest the seizure and a detailed

description of the items seized.

(g)

Ensuring that officers who may be involved in asset forfeiture receive training in the

proper use of the seizure forms and the forfeiture process. The training should be

developed in consultation with the appropriate legal counsel and may be accomplished

through traditional classroom education, electronic media, Daily Training Bulletins

(DTBs) or Department Directives. The training should cover this policy and address

any relevant statutory changes and court decisions.

(h)

Reviewing each asset forfeiture case to ensure that:

1.

Written documentation of the seizure and the items seized is in the case file.

2.

Independent legal review of the circumstances and propriety of the seizure is

made in a timely manner.

3.

Notice of seizure has been given in a timely manner to those who hold an interest

in the seized property (Health and Safety Code § 11488.4).

4.

Property is promptly released to those entitled to its return (Health and Safety

Code § 11488.2).

5.

All changes to forfeiture status are forwarded to any supervisor who initiates a

forfeiture case.

6.

Any cash received is deposited with the fiscal agent.

7.

Assistance with the resolution of ownership claims and the release of property

to those entitled is provided.

8.

Current minimum forfeiture thresholds are communicated appropriately to

officers.

9.

This policy and any related policies are periodically reviewed and updated to

reflect current federal and state statutes and case law.

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(i)

Ensuring that a written plan that enables the Chief of Police to address any extended

absence of the forfeiture reviewer, thereby ensuring that contact information for other

law enforcement officers and attorneys who may assist in these matters is available.

(j)

Ensuring that the process of selling or adding forfeited property to the department’s

regular inventory is in accordance with all applicable laws and consistent with

the department’s use and disposition of similar property.

(k)

Keeping a manual that details the statutory grounds for forfeitures and department

procedures related to asset forfeiture, including procedures for prompt notice to

interest holders, the expeditious release of seized property, where appropriate, and the

prompt resolution of claims of innocent ownership (Heath and Safety Code § 11469).

(l)

Providing copies of seized business records to the person or business from whom

such records were seized, when requested (Heath and Safety Code §11471).

(m)

Notifying the California Franchise Tax Board when there is reasonable cause to

believe that the value of seized property exceeds $5,000.00 (Health and Safety Code

§ 11471.5).

Forfeiture proceeds should be maintained in a separate fund or account subject to appropriate

accounting control, with regular reviews or audits of all deposits and expenditures.

Forfeiture reporting and expenditures should be completed in the manner prescribed by the law

and State financial directives (Health and Safety Code § 11495).

602.7 DISPOSITION OF FORFEITED PROPERTY

Forfeited funds distributed under Health and Safety Code § 11489 et seq. shall only be used for

purposes allowed by law, but in no case shall a peace officer’s employment or salary depend upon

the level of seizures or forfeitures he/she achieves (Heath and Safety Code § 11469).

The Department may request a court order so that certain uncontaminated science equipment is

relinquished to a school or school district for science classroom education in lieu of destruction

(Health and Safety Code § 11473; Health and Safety Code § 11473.5).

602.7.1 RECEIVING EQUITABLE SHARES

When participating in a joint investigation with a federal agency, the Sonoma State University

Police Department shall not receive an equitable share from the federal agency of all or a portion

of the forfeiture proceeds absent either a required conviction under Health and Safety Code §

11471.2 or the flight, death or willful failure to appear of the defendant. This does not apply to

forfeited cash or negotiable instruments of $40,000 or more.

602.8 CLAIM INVESTIGATIONS

An investigation shall be made as to any claimant of a vehicle, boat or airplane whose right, title,

interest or lien is on the record in the Department of Motor Vehicles or in an appropriate federal

agency. If investigation reveals that any person, other than the registered owner, is the legal

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owner, and that ownership did not arise subsequent to the date and time of arrest or notification

of the forfeiture proceedings or seizure of the vehicle, boat or airplane, notice shall be made to

the legal owner at his/her address appearing on the records of the Department of Motor Vehicles

or the appropriate federal agency (Health and Safety Code § 11488.4).

Policy

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Informants

603.1 PURPOSE AND SCOPE

The purpose of this policy is to provide guidelines for the use of informants.

603.1.1 DEFINITIONS

Definitions related to this policy include:

Informant - A person who covertly interacts with other individuals or suspects at the direction

of, request of, or by agreement with, the Sonoma State University Police Department for law

enforcement purposes. This also includes a person agreeing to supply information to the Sonoma

State University Police Department for a benefit (e.g., a quid pro quo in the form of a reduced

criminal penalty, money).

603.2 POLICY

The Sonoma State University Police Department recognizes the value of informants to law

enforcement efforts and will strive to protect the integrity of the informant process. It is the policy

of this department that all funds related to informant payments will be routinely audited and that

payments to informants will be made according to the criteria outlined in this policy.

603.3 USE OF INFORMANTS

603.3.1 INITIAL APPROVAL

Before using an individual as an informant, an officer must receive approval from his/her

supervisor. The officer shall compile sufficient information through a background investigation and

experience with the informant in order to determine the suitability of the individual, including age,

maturity and risk of physical harm, as well as any indicators of his/her reliability and credibility.

Members of this department should not guarantee absolute safety or confidentiality to an

informant.

603.3.2 JUVENILE INFORMANTS

The use of informants under the age of 13 is prohibited.

Except for the enforcement of laws related to the commercial sale of alcohol, marijuana or tobacco

products, a juvenile 13 years of age or older may only be used as an informant with the written

consent of each of the following:

(a) The juvenile’s parents or legal guardians

(b) The juvenile’s attorney, if any

(c) The court in which the juvenile’s case is being handled, if applicable (Penal Code §

701.5)

(d) The Chief of Police or the authorized designee

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603.3.3 INFORMANT AGREEMENTS

All informants are required to sign and abide by the provisions of the designated department

informant agreement. The officer using the informant shall discuss each of the provisions of the

agreement with the informant.

Details of the agreement are to be approved in writing by a supervisor before being finalized with

the informant.

603.4 INFORMANT INTEGRITY

To maintain the integrity of the informant process, the following must be adhered to:

(a) The identity of an informant acting in a confidential capacity shall not be withheld

from the Chief of Police, Lieutenant, Investigations supervisor or their authorized

designees.

1. Identities of informants acting in a confidential capacity shall otherwise be kept

confidential.

(b) Criminal activity by informants shall not be condoned.

(c) Informants shall be told they are not acting as police officers, employees or agents

of the Sonoma State University Police Department, and that they shall not represent

themselves as such.

(d) The relationship between department members and informants shall always be ethical

and professional.

1. Members shall not become intimately involved with an informant.

2. Social contact shall be avoided unless it is necessary to conduct an official

investigation, and only with prior approval of the Investigations supervisor.

3. Members shall neither solicit nor accept gratuities or engage in any private

business transaction with an informant.

(e) Officers shall not meet with informants in a private place unless accompanied by at

least one additional officer or with prior approval of the Investigations supervisor.

1. Officers may meet informants alone in an occupied public place, such as a

restaurant.

(f) When contacting informants for the purpose of making payments, officers shall

arrange for the presence of another officer.

(g) In all instances when department funds are paid to informants, a voucher shall be

completed in advance, itemizing the expenses.

(h) Since the decision rests with the appropriate prosecutor, officers shall not promise that

the informant will receive any form of leniency or immunity from criminal prosecution.

603.4.1 UNSUITABLE INFORMANTS

The suitability of any informant should be considered before engaging him/her in any way in a

covert or other investigative process. Members who become aware that an informant may be

unsuitable will notify the supervisor, who will initiate a review to determine suitability. Until a

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determination has been made by a supervisor, the informant should not be used by any member.

The supervisor shall determine whether the informant should be used by the Department and,

if so, what conditions will be placed on his/her participation or any information the informant

provides. The supervisor shall document the decision and conditions in file notes and mark the

file “unsuitable” when appropriate.

Considerations for determining whether an informant is unsuitable include, but are not limited to,

the following:

(a) The informant has provided untruthful or unreliable information in the past.

(b) The informant behaves in a way that may endanger the safety of an officer.

(c) The informant reveals to suspects the identity of an officer or the existence of an

investigation.

(d) The informant appears to be using his/her affiliation with this department to further

criminal objectives.

(e) The informant creates officer-safety issues by providing information to multiple law

enforcement agencies simultaneously, without prior notification and approval of each

agency.

(f) The informant engages in any other behavior that could jeopardize the safety of

officers or the integrity of a criminal investigation.

(g) The informant commits criminal acts subsequent to entering into an informant

agreement.

603.5 INFORMANT FILES

Informant files shall be utilized as a source of background information about the informant, to

enable review and evaluation of information provided by the informant, and to minimize incidents

that could be used to question the integrity of department members or the reliability of the

informant.

Informant files shall be maintained in a secure area within the Investigations. The Investigations

supervisor or the authorized designee shall be responsible for maintaining informant files. Access

to the informant files shall be restricted to the Chief of Police, Lieutenant, Investigations supervisor

or their authorized designees.

The Investigation Lieutenant should arrange for an audit using a representative sample of

randomly selected informant files on a periodic basis, but no less than one time per year. If the

Investigations supervisor is replaced, the files will be audited before the new supervisor takes over

management of the files. The purpose of the audit is to ensure compliance with file content and

updating provisions of this policy. The audit should be conducted by a supervisor who does not

have normal access to the informant files.

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603.5.1 FILE SYSTEM PROCEDURE

A separate file shall be maintained on each informant and shall be coded with an assigned

informant control number. An informant history that includes the following information shall be

prepared for each file:

(a) Name and aliases

(b) Date of birth

(c) Physical description: sex, race, height, weight, hair color, eye color, scars, tattoos or

other distinguishing features

(d) Photograph

(e) Current home address and telephone numbers

(f) Current employers, positions, addresses and telephone numbers

(g) Vehicles owned and registration information

(h) Places frequented

(i) Briefs of information provided by the informant and his/her subsequent reliability

1. If an informant is determined to be unsuitable, the informant's file is to be

marked "unsuitable" and notations included detailing the issues that caused this

classification.

(j) Name of the officer initiating use of the informant

(k) Signed informant agreement

(l) Update on active or inactive status of informant

603.6 INFORMANT PAYMENTS

No informant will be told in advance or given an exact amount or percentage for his/her service.

The amount of funds to be paid to any informant will be evaluated against the following criteria:

•

The extent of the informant's personal involvement in the case

•

The significance, value or effect on crime

•

The value of assets seized

•

The quantity of the drugs or other contraband seized

•

The informant’s previous criminal activity

•

The level of risk taken by the informant

The Investigations supervisor will discuss the above factors with the Patrol Lieutenant and

recommend the type and level of payment subject to approval by the Chief of Police.

603.6.1 PAYMENT PROCESS

Approved payments to an informant should be in cash using the following process:

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(a) Payments of $500 and under may be paid in cash from a Investigations buy/expense

fund.

1. The Investigations supervisor shall sign the voucher for cash payouts from the

buy/expense fund.

(b) Payments exceeding $500 shall be made by issuance of a check, payable to the officer

who will be delivering the payment.

1. The check shall list the case numbers related to and supporting the payment.

2. A written statement of the informant's involvement in the case shall be placed

in the informant's file.

3. The statement shall be signed by the informant verifying the statement as a true

summary of his/her actions in the case.

4. Authorization signatures from the Chief of Police and the Vice President for

Administration and Finance are required for disbursement of the funds.

(c) To complete the payment process for any amount, the officer delivering the payment

shall complete a cash transfer form.

1. The cash transfer form shall include the following:

(a) Date

(b) Payment amount

(c) Sonoma State University Police Department case number

(d) A statement that the informant is receiving funds in payment for information

voluntarily rendered.

2. The cash transfer form shall be signed by the informant.

3. The cash transfer form will be kept in the informant's file.

603.6.2 REPORTING OF PAYMENTS

Each informant receiving a cash payment shall be advised of his/her responsibility to report the

cash to the Internal Revenue Service (IRS) as income. If funds distributed exceed $600 in any

reporting year, the informant should be provided IRS Form 1099 (26 CFR 1.6041-1). If such

documentation or reporting may reveal the identity of the informant and by doing so jeopardize

any investigation, the safety of officers or the safety of the informant (26 CFR 1.6041-3), then IRS

Form 1099 should not be issued.

In such cases, the informant shall be provided a letter identifying the amount he/she must report

on a tax return as “other income” and shall be required to provide a signed acknowledgement

of receipt of the letter. The completed acknowledgement form and a copy of the letter shall be

retained in the informant’s file.

603.6.3 AUDIT OF PAYMENTS

The Investigations supervisor or the authorized designee shall be responsible for compliance with

any audit requirements associated with grant provisions and applicable state and federal law.

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At least once every six months, the Chief of Police or the authorized designee should conduct an

audit of all informant funds for the purpose of accountability and security of the funds. The funds

and related documents (e.g., buy/expense fund records, cash transfer forms, invoices, receipts

and logs) will assist with the audit process.

Policy

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Eyewitness Identification

604.1 PURPOSE AND SCOPE

This policy sets forth guidelines to be used when members of this department employ eyewitness

identification techniques (Penal Code § 859.7).

604.1.1 DEFINITIONS

Definitions related to the policy include:

Eyewitness identification process - Any field identification, live lineup or photographic

identification.

Field identification - A live presentation of a single individual to a witness following the

commission of a criminal offense for the purpose of identifying or eliminating the person as the

suspect.

Live lineup - A live presentation of individuals to a witness for the purpose of identifying or

eliminating an individual as the suspect.

Photographic lineup - Presentation of photographs to a witness for the purpose of identifying or

eliminating an individual as the suspect.

604.2 POLICY

The Sonoma State University Police Department will strive to use eyewitness identification

techniques, when appropriate, to enhance the investigative process and will emphasize identifying

persons responsible for crime and exonerating the innocent.

604.3 INTERPRETIVE SERVICES

Members should make a reasonable effort to arrange for an interpreter before proceeding with

eyewitness identification if communication with a witness is impeded due to language or hearing

barriers.

Before the interpreter is permitted to discuss any matter with the witness, the investigating member

should explain the identification process to the interpreter. Once it is determined that the interpreter

comprehends the process and can explain it to the witness, the eyewitness identification may

proceed as provided for within this policy.

604.4 EYEWITNESS IDENTIFICATION PROCESS AND FORM

The Investigations Unit supervisor shall be responsible for the development and maintenance of

an eyewitness identification process for use by members when they are conducting eyewitness

identifications.

The process should include appropriate forms or reports that provide (Penal Code § 859.7):

(a) The date, time and location of the eyewitness identification procedure.

(b) The name and identifying information of the witness.

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(c) The name of the person administering the identification procedure.

(d) If applicable, the names of all of the individuals present during the identification

procedure.

(e) An instruction to the witness that it is as important to exclude innocent persons as it

is to identify a perpetrator.

(f) An instruction to the witness that the perpetrator may or may not be among those

presented and that the witness is not obligated to make an identification.

(g) If the identification process is a photographic or live lineup, an instruction to the witness

that the perpetrator may not appear exactly as he/she did on the date of the incident.

(h) An instruction to the witness that the investigation will continue regardless of whether

an identification is made by the witness.

(i) A signature line where the witness acknowledges that he/she understands the

identification procedures and instructions.

(j) A statement from the witness in the witness's own words describing how certain he/

she is of the identification or non-identification. This statement should be taken at the

time of the identification procedure.

(k) Any other direction to meet the requirements of Penal Code § 859.7, including direction

regarding blind or blinded administrations and filler selection.

The process and related forms should be reviewed at least annually and modified when necessary.

604.5 EYEWITNESS IDENTIFICATION

Members are cautioned not to, in any way, influence a witness as to whether any subject or photo

presented in a lineup is in any way connected to the case.

Members should avoid mentioning that:

•

The individual was apprehended near the crime scene.

•

The evidence points to the individual as the suspect.

•

Other witnesses have identified or failed to identify the individual as the suspect.

In order to avoid undue influence, witnesses should view suspects or a lineup individually and

outside the presence of other witnesses. Witnesses should be instructed to avoid discussing

details of the incident or of the identification process with other witnesses.

Whenever feasible, the eyewitness identification procedure should be audio and video recorded

and the recording should be retained according to current evidence procedures (Penal Code §

859.7).

604.6 FIELD IDENTIFICATION CONSIDERATIONS

Field identifications, also known as field elimination show-ups or one-on-one identifications, may

be helpful in certain cases, where exigent circumstances make it impracticable to conduct a photo

or live lineup identifications. A field elimination show-up or one-on-one identification should not be

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used when independent probable cause exists to arrest a suspect. In such cases a live or photo

lineup is the preferred course of action if eyewitness identification is contemplated.

When initiating a field identification, the member should observe the following guidelines:

(a) Obtain a complete description of the suspect from the witness.

(b) Assess whether a witness should be included in a field identification process by

considering:

1. The length of time the witness observed the suspect.

2. The distance between the witness and the suspect.

3. Whether the witness could view the suspect’s face.

4. The quality of the lighting when the suspect was observed by the witness.

5. Whether there were distracting noises or activity during the observation.

6. Any other circumstances affecting the witness’s opportunity to observe the

suspect.

7. The length of time that has elapsed since the witness observed the suspect.

(c) If safe and practicable, the person who is the subject of the show-up should not be

handcuffed or in a patrol vehicle.

(d) When feasible, members should bring the witness to the location of the subject of the

show-up, rather than bring the subject of the show-up to the witness.

(e) The person who is the subject of the show-up should not be shown to the same witness

more than once.

(f) In cases involving multiple suspects, witnesses should only be permitted to view the

subjects of the show-up one at a time.

(g) The person who is the subject of the show-up should not be required to put on clothing

worn by the suspect, to speak words uttered by the suspect or to perform other actions

mimicking those of the suspect.

(h) If a witness positively identifies a subject of the show-up as the suspect, members

should not conduct any further field identifications with other witnesses for that

suspect. In such instances members should document the contact information for any

additional witnesses for follow up, if necessary.

604.7 DOCUMENTATION

A thorough description of the eyewitness process and the result of any eyewitness identification

should be documented in the case report.

If a photographic lineup is utilized, a copy of the photographic lineup presented to the witness

should be included in the case report. In addition, the order in which the photographs were

presented to the witness should be documented in the case report.

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604.7.1 DOCUMENTATION RELATED TO RECORDINGS

The handling member shall document the reason that a video recording or any other recording of

an identification was not obtained (Penal Code § 859.7).

604.7.2 DOCUMENTATION RELATED TO BLIND ADMINISTRATION

If a presentation of a lineup is not conducted using blind administration, the handling member shall

document the reason (Penal Code § 859.7).

604.8 PHOTOGRAPHIC LINEUP AND LIVE LINEUP CONSIDERATIONS

When practicable, the member presenting the lineup should not be involved in the investigation

of the case or know the identity of the suspect. In no case should the member presenting a lineup

to a witness know which photograph or person in the lineup is being viewed by the witness (Penal

Code § 859.7). Techniques to achieve this include randomly numbering photographs, shuffling

folders, or using a computer program to order the persons in the lineup.

Individuals in the lineup should reasonably match the description of the perpetrator provided by the

witness and should bear similar characteristics to avoid causing any person to unreasonably stand

out. In cases involving multiple suspects, a separate lineup should be conducted for each suspect.

The suspects should be placed in a different order within each lineup (Penal Code § 859.7).

The member presenting the lineup should do so sequentially (i.e., show the witness one person

at a time) and not simultaneously. The witness should view all persons in the lineup.

A live lineup should only be used before criminal proceedings have been initiated against the

suspect. If there is any question as to whether any criminal proceedings have begun, the

investigating member should contact the appropriate prosecuting attorney before proceeding.

604.8.1 OTHER SAFEGUARDS

Witnesses should be asked for suspect descriptions as close in time to the incident as possible

and before conducting an eyewitness identification. No information concerning a suspect should

be given prior to obtaining a statement from the witness describing how certain he/she is of the

identification or non-identification. Members should not say anything to a witness that that may

validate or invalidate an eyewitness’ identification. In photographic lineups, writings or information

concerning any previous arrest of a suspect shall not be visible to the witness (Penal Code §

859.7).

Policy

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Brady Material Disclosure

605.1 PURPOSE AND SCOPE

This policy establishes guidelines for identifying and releasing potentially exculpatory or

impeachment information (so-called “Brady information”) to a prosecuting attorney.

605.1.1 DEFINITIONS

Definitions related to this policy include:

Brady information -Information known or possessed by the Sonoma State University Police

Department that is both favorable and material to the current prosecution or defense of a criminal

defendant.

605.2 POLICY

The Sonoma State University Police Department will conduct fair and impartial criminal

investigations and will provide the prosecution with both incriminating and exculpatory evidence,

as well as information that may adversely affect the credibility of a witness. In addition to reporting

all evidence of guilt, the Sonoma State University Police Department will assist the prosecution

by complying with its obligation to disclose information that is both favorable and material to

the defense. The Department will identify and disclose to the prosecution potentially exculpatory

information, as provided in this policy.

605.3 DISCLOSURE OF INVESTIGATIVE INFORMATION

Officers must include in their investigative reports adequate investigative information and

reference to all material evidence and facts that are reasonably believed to be either incriminating

or exculpatory to any individual in the case. If an officer learns of potentially incriminating or

exculpatory information any time after submission of a case, the officer or the handling investigator

must prepare and submit a supplemental report documenting such information as soon as

practicable. Supplemental reports shall be promptly processed and transmitted to the prosecutor’s

office.

If information is believed to be privileged or confidential (e.g., confidential informant or attorney-

client information, attorney work product), the officer should discuss the matter with a supervisor

and/or prosecutor to determine the appropriate manner in which to proceed.

Evidence or facts are considered material if there is a reasonable probability that they would affect

the outcome of a criminal proceeding or trial. Determining whether evidence or facts are material

often requires legal or even judicial review. If an officer is unsure whether evidence or facts are

material, the officer should address the issue with a supervisor.

Supervisors who are uncertain about whether evidence or facts are material should address the

issue in a written memo to an appropriate prosecutor. A copy of the memo should be retained in

the Department case file.

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605.4 DISCLOSURE OF PERSONNEL INFORMATION

Whenever it is determined that Brady information is located in the personnel file of a member of

this department who is a material witness in a criminal case, the following procedure shall apply:

(a) In the event that a Pitchess motion has not already been filed by the criminal defendant

or other party pursuant to Evidence Code § 1043, the prosecuting attorney shall be

notified of the potential presence of Brady information in the officer’s personnel file.

(b) The prosecuting attorney should then be requested to file a Pitchess motion in order

to initiate an in-camera review by the court.

(c) Any member who is the subject of such a motion shall be notified in writing that a

motion has been filed.

(d) The Custodian of Records shall accompany all relevant files during any in-camera

inspection and address any issues or questions raised by the court in determining

whether any information contained in the files is both material and favorable to the

criminal defendant.

(e) If the court determines that there is relevant Brady information contained in the files,

only that information ordered released will be copied and released to the parties filing

the motion.

1. Prior to the release of any information pursuant to this process, the Custodian

of Records should request a protective order from the court limiting the use of

such information to the involved case and requiring the return of all copies upon

completion of the case.

605.5 INVESTIGATING BRADY ISSUES

If the Department receives information from any source that a member may have issues of

credibility, dishonesty or has been engaged in an act of moral turpitude or criminal conduct, the

information shall be investigated and processed in accordance with the Personnel Complaints

Policy.

605.6 TRAINING

Department members should receive periodic training on the requirements of this policy.

Policy

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Unmanned Aerial System (UAS) Operations

606.1 PURPOSE AND SCOPE

The purpose of this policy is to establish guidelines for the use of an unmanned aerial system

(UAS) and for the storage, retrieval and dissemination of images and data captured by the UAS.

606.1.1 DEFINITIONS

Definitions related to this policy include:

Unmanned Aerial System (UAS) - An unmanned aircraft of any type that is capable of sustaining

directed flight, whether preprogrammed or remotely controlled (commonly referred to as an

unmanned aerial vehicle (UAV)), and all of the supporting or attached systems designed for

gathering information through imaging, recording or any other means.

606.2 POLICY

Unmanned aerial systems may be utilized to enhance the department’s mission of protecting lives

and property when other means and resources are not available or are less effective. Any use

of a UAS will be in strict accordance with constitutional and privacy rights and Federal Aviation

Administration (FAA) regulations.

606.3 PRIVACY

The use of the UAS potentially involves privacy considerations. Absent a warrant or exigent

circumstances, operators and observers shall adhere to FAA altitude regulations and shall not

intentionally record or transmit images of any location where a person would have a reasonable

expectation of privacy (e.g., residence, yard, enclosure). Operators and observers shall take

reasonable precautions to avoid inadvertently recording or transmitting images of areas where

there is a reasonable expectation of privacy. Reasonable precautions can include, for example,

deactivating or turning imaging devices away from such areas or persons during UAS operations.

606.4 PROGRAM COORDINATOR

The Chief of Police will appoint a program coordinator who will be responsible for the management

of the UAS program. The program coordinator will ensure that policies and procedures conform to

current laws, regulations and best practices and will have the following additional responsibilities:

•

Coordinating the FAA Certificate of Waiver or Authorization (COA) application process

and ensuring that the COA is current.

•

Ensuring that all authorized operators and required observers have completed all

required FAA and department-approved training in the operation, applicable laws,

policies and procedures regarding use of the UAS.

•

Developing uniform protocol for submission and evaluation of requests to deploy

a UAS, including urgent requests made during ongoing or emerging incidents.

Deployment of a UAS shall require written authorization of the Chief of Police or the

authorized designee, depending on the type of mission.

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•

Developing protocol for conducting criminal investigations involving a UAS, including

documentation of time spent monitoring a subject.

•

Implementing a system for public notification of UAS deployment.

•

Developing an operational protocol governing the deployment and operation of a UAS

including, but not limited to, safety oversight, use of visual observers, establishment

of lost link procedures and secure communication with air traffic control facilities.

•

Developing a protocol for fully documenting all missions.

•

Developing a UAS inspection, maintenance and record-keeping protocol to ensure

continuing airworthiness of a UAS, up to and including its overhaul or life limits.

•

Developing protocols to ensure that all data intended to be used as evidence are

accessed, maintained, stored and retrieved in a manner that ensures its integrity as

evidence, including strict adherence to chain of custody requirements. Electronic trails,

including encryption, authenticity certificates and date and time stamping, shall be

used as appropriate to preserve individual rights and to ensure the authenticity and

maintenance of a secure evidentiary chain of custody.

•

Developing protocols that ensure retention and purge periods are maintained in

accordance with established records retention schedules.

•

Facilitating law enforcement access to images and data captured by the UAS.

•

Recommending program enhancements, particularly regarding safety and information

security.

•

Ensuring that established protocols are followed by monitoring and providing periodic

reports on the program to the Chief of Police.

606.5 USE OF UAS

Only authorized operators who have completed the required training shall be permitted to operate

the UAS.

Use of vision enhancement technology (e.g., thermal and other imaging equipment not generally

available to the public) is permissible in viewing areas only where there is no protectable privacy

interest or when in compliance with a search warrant or court order. In all other instances, legal

counsel should be consulted.

UAS operations should only be conducted during daylight hours and a UAS should not be flown

over populated areas without FAA approval.

606.6 PROHIBITED USE

The UAS video surveillance equipment shall not be used:

•

To conduct random surveillance activities.

•

To target a person based solely on actual or perceived characteristics, such

as race, ethnicity, national origin, religion, sex, sexual orientation, gender identity or

expression, economic status, age, cultural group, or disability.

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•

To harass, intimidate, or discriminate against any individual or group.

•

To conduct personal business of any type.

The UAS shall not be weaponized.

606.7 RETENTION OF UAS DATA

Data collected by the UAS shall be retained as provided in the established records retention

schedule.

Policy

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Operations Planning and Deconfliction

606.1 PURPOSE AND SCOPE

This policy provides guidelines for planning, deconfliction and execution of high-risk operations.

Additional guidance on planning and serving high-risk warrants is provided in the Warrant Service

Policy.

606.1.1 DEFINITIONS

Definitions related to this policy include:

High-risk operations - Operations, including service of search and arrest warrants and sting

operations, that are likely to present higher risks than are commonly faced by officers on a daily

basis, including suspected fortified locations, reasonable risk of violence or confrontation with

multiple persons, or reason to suspect that persons anticipate the operation.

606.2 POLICY

It is the policy of the Sonoma State University Police Department to properly plan and carry out

high-risk operations, including participation in a regional deconfliction system, in order to provide

coordination, enhance the safety of members and the public, decrease the risk of compromising

investigations and prevent duplicating efforts.

606.3 OPERATIONS DIRECTOR

The Chief of Police will designate a member of this department to be the operations director.

The operations director will develop and maintain a risk assessment form to assess, plan and

coordinate operations. This form should provide a process to identify high-risk operations.

The operations director will review risk assessment forms with involved supervisors to determine

whether a particular incident qualifies as a high-risk operation. The director will also have the

responsibility for coordinating operations that are categorized as high risk.

606.4 RISK ASSESSMENT

606.4.1 RISK ASSESSMENT FORM PREPARATION

Officers assigned as operational leads for any operation that may qualify as a high-risk operation

shall complete a risk assessment form.

When preparing the form, the officer should query all relevant and reasonably available intelligence

resources for information about the subject of investigation, others who may be present and the

involved location. These sources may include regional intelligence and criminal justice databases,

target deconfliction systems, firearm records, commercial databases and property records. Where

appropriate, the officer should also submit information to these resources.

The officer should gather available information that includes, but is not limited to:

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(a) Photographs, including aerial photographs, if available, of the involved location,

neighboring yards and obstacles.

(b) Maps of the location.

(c) Diagrams of any property and the interior of any buildings that are involved.

(d) Historical information about the subject of investigation (e.g., history of weapon

possession or use, known mental illness, known drug use, threats against police, gang

affiliation, criminal history).

(e) Historical information about others who may be present at the location (e.g., other

criminals, innocent third parties, dependent adults, children, animals).

(f) Obstacles associated with the location (e.g., fortification, booby traps, reinforced

doors/windows, surveillance measures, number and type of buildings, geographic and

perimeter barriers, the number and types of weapons likely to be present, information

that suggests the presence of explosives, chemicals or other hazardous materials, the

potential for multiple dwellings or living spaces, availability of keys/door combinations).

(g) Other environmental factors (e.g., nearby venues such as schools and day care

centers, proximity of adjacent homes or other occupied buildings, anticipated

pedestrian and vehicle traffic at the time of service).

(h) Other available options that may minimize the risk to officers and others (e.g., making

an off-site arrest or detention of the subject of investigation).

606.4.2 RISK ASSESSMENT REVIEW

Officers will present the risk assessment form and other relevant documents (such as copies of

search warrants and affidavits and arrest warrants) to their supervisor and the operations director.

The supervisor and operations director shall confer and determine the level of risk. Supervisors

should take reasonable actions if there is a change in circumstances that elevates the risks

associated with the operation.

606.4.3 HIGH-RISK OPERATIONS

If the operations director, after consultation with the involved supervisor, determines that the

operation is high risk, the operations director should:

(a) Determine what resources will be needed at the location, and contact and/or place on

standby any of the following appropriate and available resources:

1. (XXCRUXX)

2. Additional personnel

3. Outside agency assistance

4. Special equipment

5. Medical personnel

6. Persons trained in negotiation

7. Additional surveillance

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8. Canines

9. Property and Evidence Section or analytical personnel to assist with cataloguing

seizures

10. Forensic specialists

11. Specialized mapping for larger or complex locations

(b) Contact the appropriate department members or other agencies as warranted to begin

preparation.

(c) Ensure that all legal documents such as search warrants are complete and have any

modifications reasonably necessary to support the operation.

(d) Coordinate the actual operation.

606.5 DECONFLICTION

Deconfliction systems are designed to identify persons and locations associated with

investigations or law enforcement operations and alert participating agencies when others are

planning or conducting operations in close proximity or time or are investigating the same

individuals, groups or locations.

The officer who is the operations lead shall ensure the subject of investigation and operations

information have been entered in an applicable deconfliction system to determine if there is

reported conflicting activity. This should occur as early in the process as practicable, but no later

than two hours prior to the commencement of the operation. The officer should also enter relevant

updated information when it is received.

If any conflict is discovered, the supervisor will contact the involved jurisdiction and resolve the

potential conflict before proceeding.

606.6 OPERATIONS PLAN

The operations director should ensure that a written operations plan is developed for all high-risk

operations. Plans should also be considered for other operations that would benefit from having

a formal plan.

The plan should address such issues as:

(a) Operation goals, objectives, and strategies.

(b) Operation location and people:

1. The subject of investigation (e.g., history of weapon possession/use, known

mental illness issues, known drug use, threats against police, gang affiliation,

criminal history)

2. The location (e.g., fortification, booby traps, reinforced doors/windows,

surveillance cameras and/or lookouts, number/type of buildings, geographic

and perimeter barriers, the number and types of weapons likely to be present,

information that suggests the presence of explosives, chemicals or other

hazardous materials, the potential for multiple dwellings or living spaces,

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availability of keys/door combinations), including aerial photos, if available, and

maps of neighboring yards and obstacles, diagrams and other visual aids

3. Other environmental factors (e.g., nearby venues such as schools and day care

centers, proximity of adjacent homes or other occupied buildings, anticipated

pedestrian and vehicle traffic at the time of service)

4. Identification of other people who may be present in or around the operation,

such as other criminal suspects, innocent third parties, and children

(c) Information from the risk assessment form by attaching a completed copy in the

operational plan.

1. The volume or complexity of the information may indicate that the plan includes

a synopsis of the information contained on the risk assessment form to ensure

clarity and highlighting of critical information.

(d) Participants and their roles.

1. An adequate number of uniformed officers should be included in the operation

team to provide reasonable notice of a legitimate law enforcement operation.

2. How all participants will be identified as law enforcement.

(e) Whether deconfliction submissions are current and all involved individuals, groups,

and locations have been deconflicted to the extent reasonably practicable.

(f) Identification of all communications channels and call-signs.

(g) Use of force issues.

(h) Contingencies for handling medical emergencies (e.g., services available at the

location, closest hospital, closest trauma center).

(i) Plans for detaining people who are not under arrest.

(j) Contingencies for handling children, dependent adults, animals, and other people who

might be at the location in accordance with the Child Abuse, Senior and Disability

Victimization, Child and Dependent Adult Safety, and Animal Control policies.

(k) Communications plan.

(l) Responsibilities for writing, collecting, reviewing, and approving reports.

606.6.1 OPERATIONS PLAN RETENTION

Since the operations plan contains intelligence information and descriptions of law enforcement

tactics, it shall not be filed with the report. The operations plan shall be stored separately and

retained in accordance with the established records retention schedule.

606.7 OPERATIONS BRIEFING

A briefing should be held prior to the commencement of any high-risk operation to allow

all participants to understand the operation, see and identify each other, identify roles and

responsibilities and ask questions or seek clarification as needed. Anyone who is not present at

the briefing should not respond to the operation location without specific supervisory approval.

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(a) The briefing should include a verbal review of plan elements, using visual aids, to

enhance the participants’ understanding of the operations plan.

(b) All participants should be provided a copy of the operations plan and search warrant, if

applicable. Participating personnel should be directed to read the search warrant and

initial a copy that is retained with the operation plan. Any items to be seized should

be identified at the briefing.

(c) The operations director shall ensure that all participants are visually identifiable as law

enforcement officers.

1. Exceptions may be made by the operations director for officers who are

conducting surveillance or working under cover. However, those members

exempt from visual identification should be able to transition to a visible law

enforcement indicator at the time of enforcement actions, such as entries or

arrests, if necessary.

(d) The briefing should include details of the communications plan.

1. It is the responsibility of the operations director to ensure that Dispatch is notified

of the time and location of the operation, and to provide a copy of the operation

plan prior to officers arriving at the location.

2. If the radio channel needs to be monitored by Dispatch, the dispatcher assigned

to monitor the operation should attend the briefing, if practicable, but at a

minimum should receive a copy of the operation plan.

3. The briefing should include a communications check to ensure that all

participants are able to communicate with the available equipment on the

designated radio channel.

606.8 XXCRUXX PARTICIPATION

If the operations director determines that XXCRUXX participation is appropriate, the director and

the XXCRUXX supervisor shall work together to develop a written plan. The XXCRUXX supervisor

shall assume operational control until all persons at the scene are appropriately detained and it is

safe to begin a search. When this occurs, the XXCRUXX supervisor shall transfer control of the

scene to the handling supervisor. This transfer should be communicated to the officers present.

606.9 MEDIA ACCESS

No advance information regarding planned operations shall be released without the approval of the

Chief of Police. Any media inquiries or press release after the fact shall be handled in accordance

with the Media Relations Policy.

606.10 OPERATIONS DEBRIEFING

High-risk operations should be debriefed as soon as reasonably practicable. The debriefing should

include as many participants as possible. This debrief may be separate from any XXCRUXX

debriefing.

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606.11 TRAINING

The Training Sergeant should ensure officers and XXCRUXX team members who participate

in operations subject to this policy should receive periodic training including, but not limited to,

topics such as legal issues, deconfliction practices, operations planning concepts and reporting

requirements.

Policy

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Warrant Service

607.1 PURPOSE AND SCOPE

This policy establishes guidelines for the planning and serving of arrest and search warrants by

members of this department. It is understood that this policy cannot address every variable or

circumstance that can arise in the service of a search or arrest warrant, as these tasks can involve

rapidly evolving and unique circumstances.

This policy is intended to be used in conjunction with the Operations Planning and Deconfliction

Policy, which has additional guidance on planning and serving high-risk warrants.

This policy is not intended to address the service of search warrants on locations or property

already secured or routine field warrant arrests by patrol officers.

607.2 POLICY

It is the policy of the Sonoma State University Police Department to balance the safety needs of

the public, the safety of department members, privacy interests and other relevant factors when

making decisions related to the service of search and arrest warrants.

607.3 OPERATIONS DIRECTOR

The operations director (see the Operations Planning and Deconfliction Policy) shall review all risk

assessment forms with the involved supervisor to determine the risk level of the warrant service.

The operations director will also have the responsibility to coordinate service of those warrants

that are categorized as high risk. Deconfliction, risk assessment, operational planning, briefing

and debriefing should follow guidelines in the Operations Planning and Deconfliction Policy.

607.4 SEARCH WARRANTS

Officers should receive authorization from a supervisor before preparing a search warrant

application. Once authorization is received, the officer will prepare the affidavit and search warrant,

consulting with the applicable prosecuting attorney as needed. He/she will also complete the risk

assessment form and submit it, along with the warrant affidavit, to the appropriate supervisor

and the operations director for review and classification of risk (see the Operations Planning and

Deconfliction Policy).

607.5 ARREST WARRANTS

If an officer reasonably believes that serving an arrest warrant may pose a higher risk than

commonly faced on a daily basis, the officer should complete the risk assessment form and submit

it to the appropriate supervisor and the operations director for review and classification of risk (see

the Operations Planning and Deconfliction Policy).

If the warrant is classified as high risk, service will be coordinated by the operations director. If the

warrant is not classified as high risk, the supervisor should weigh the risk of entry into a residence

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to make an arrest against other alternatives, such as arresting the person outside the residence

where circumstances may pose a lower risk.

607.6 WARRANT PREPARATION

An officer who prepares a warrant should ensure the documentation in support of the warrant

contains as applicable:

(a) Probable cause to support the search or arrest, including relevant dates and times

to demonstrate timeliness and facts to support any request for nighttime warrant

execution.

(b) A clear explanation of the affiant’s training, experience and relevant education.

(c) Adequately supported opinions, when relevant, that are not left to unsubstantiated

conclusions.

(d) A nexus between the place to be searched and the persons or items central to

the investigation. The facts supporting this nexus should be clear and current. For

example, the affidavit shall explain why there is probable cause to believe that a

particular person is currently residing at a particular location or that the items sought

are present at a particular location.

(e) Full disclosure of known or suspected residents at the involved location and any

indication of separate living spaces at the involved location. For example, it should be

disclosed that several people may be renting bedrooms at a single location, even if

the exact location of the rooms is not known.

(f) A specific description of the location to be searched, including photographs of the

location, if reasonably available.

(g) A sufficient description of the items to be seized.

(h) Full disclosure of any known exculpatory information relevant to the warrant

application (refer to the Brady Material Disclosure Policy).

607.7 HIGH-RISK WARRANT SERVICE

The operations director or the authorized designee shall coordinate the service of warrants that

are categorized as high risk and shall have sole authority in determining the manner in which the

warrant will be served, including the number of officers deployed.

The member responsible for directing the service should ensure the following as applicable:

(a) When practicable and when doing so does not cause unreasonable risk, video or

photographic documentation is made of the condition of the location prior to execution

of a search warrant. The images should include the surrounding area and persons

present.

(b) The warrant service is audio- and video-recorded when practicable and reasonable

to do so.

(c) Evidence is handled and collected only by those members who are designated to do

so. All other members involved in the service of the warrant should alert one of the

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designated members to the presence of potential evidence and not touch or disturb

the items.

(d) Reasonable efforts are made during the search to maintain or restore the condition

of the location.

(e) Persons who are detained as part of the warrant service are handled appropriately

under the circumstances.

(f) Reasonable care provisions are made for children and dependent adults (see the Child

and Dependent Adult Safety Policy).

(g) A list is made of all items seized and a copy provided to the person in charge of the

premises if present or otherwise left in a conspicuous place.

(h) A copy of the search warrant is left at the location.

(i) The condition of the property is documented with video recording or photographs after

the search.

607.8 DETENTIONS DURING WARRANT SERVICE

Officers must be sensitive to the safety risks of all persons involved with the service of a warrant.

Depending on circumstances and facts present, it may be appropriate to control movements of

any or all persons present at a warrant service, including those who may not be the subject of a

warrant or suspected in the case. However, officers must be mindful that only reasonable force

may be used and weapons should be displayed no longer than the officer reasonably believes is

necessary (see the Use of Force Policy).

As soon as it can be determined that an individual is not subject to the scope of a warrant and that

no further reasonable suspicion or safety concerns exist to justify further detention, the person

should be promptly released.

Officers should, when and to the extent reasonable, accommodate the privacy and personal needs

of people who have been detained.

607.9 ACTIONS AFTER WARRANT SERVICE

The supervisor shall ensure that all affidavits, warrants, receipts and returns, regardless of any

associated cases, are filed with the issuing judge or magistrate as soon as reasonably possible,

but in any event no later than any date specified on the warrant.

607.10 OUTSIDE AGENCIES AND CROSS-JURISDICTIONAL WARRANTS

The operations director will ensure that cooperative efforts with other agencies in the service of

warrants conform to existing mutual aid agreements or other memorandums of understanding and

will work cooperatively to mitigate risks including, but not limited to, the following:

•

Identity of team members

•

Roles and responsibilities

•

Familiarity with equipment

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•

Rules of engagement

•

Asset forfeiture procedures

Any outside agency requesting assistance in the service of a warrant within this jurisdiction should

be referred to the operations director. The director should review and confirm the warrant, including

the warrant location, and should discuss the service with the appropriate supervisor from the

other agency. The director should ensure that members of the Sonoma State University Police

Department are utilized appropriately. Any concerns regarding the requested use of Sonoma State

University Police Department members should be brought to the attention of the Chief of Police

or the authorized designee. The actual service of the warrant will remain the responsibility of the

agency requesting assistance.

If the operations director is unavailable, the Watch Commander should assume this role.

If officers intend to serve a warrant outside Sonoma State University Police Department

jurisdiction, the operations director should provide reasonable advance notice to the applicable

agency, request assistance as needed and work cooperatively on operational planning and the

mitigation of risks detailed in this policy.

Officers will remain subject to the policies of the Sonoma State University Police Department

when assisting outside agencies or serving a warrant outside Sonoma State University Police

Department jurisdiction.

607.11 MEDIA ACCESS

No advance information regarding warrant service operations shall be released without the

approval of the Chief of Police. Any media inquiries or press release after the fact shall be handled

in accordance with the News Media Relations Policy.

607.12 TRAINING

The Training Sergeant should ensure officers receive periodic training on this policy and

associated topics, such as legal issues, warrant preparation, warrant service and reporting

requirements.

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Chapter 7 - Equipment

Policy

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Department Owned and Personal Property

700.1 PURPOSE AND SCOPE

Department employees are expected to properly care for department property assigned

or entrusted to them. Employees may also suffer occasional loss or damage to personal

or department property while performing their assigned duty. Certain procedures are required

depending on the loss and ownership of the item.

700.2 CARE OF DEPARTMENT PROPERTY

Employees shall be responsible for the safekeeping, serviceable condition, proper care, use and

replacement of department property assigned or entrusted to them. An employee’s intentional or

negligent abuse or misuse of department property may lead to discipline including, but not limited

to the cost of repair or replacement.

(a)

Employees shall promptly report through their chain of command, any loss, damage to,

or unserviceable condition of any department issued property or equipment assigned

for their use.

(b)

The use of damaged or unserviceable department property should be discontinued

as soon as practical and replaced with comparable Department property as soon as

available and following notice to a supervisor.

(c)

Except when otherwise directed by competent authority or required by exigent

circumstances, department property shall only be used by those to whom it was

assigned. Use should be limited to official purposes and in the capacity for which it

was designed.

(d)

Department property shall not be thrown away, sold, traded, donated, destroyed, or

otherwise disposed of without proper authority.

(e)

In the event that any Department property becomes damaged or unserviceable, no

employee shall attempt to repair the property without prior approval of a supervisor.

700.3 FILING CLAIMS FOR PERSONAL PROPERTY

Claims for reimbursement for damage or loss of personal property must be made on the proper

form. This form is submitted to the employee's immediate supervisor. The supervisor may require

a separate written report of the loss or damage.

The supervisor shall direct a memo to the appropriate Lieutenant, which shall include the results

of his/her investigation and whether the employee followed proper procedures. The supervisor’s

report shall address whether reasonable care was taken to prevent the loss or damage.

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Upon review by staff and a finding that no misconduct or negligence was involved, repair or

replacement may be recommended by the Chief of Police who will then forward the claim to the

Finance Department.

The Department will not replace or repair luxurious or overly expensive items (jewelry, exotic

equipment, etc.) that are not reasonably required as a part of work.

700.3.1 REPORTING REQUIREMENT

A verbal report shall be made to the employee's immediate supervisor as soon as circumstances

permit.

A written report shall be submitted before the employee goes off duty or within the time frame

directed by the supervisor to whom the verbal report is made.

700.4 LOSS OR DAMAGE OF PROPERTY OF ANOTHER

Officers and other employees intentionally or unintentionally may cause damage to the real or

personal property of another while performing their duties. Any employee who damages or causes

to be damaged any real or personal property of another while performing any law enforcement

functions, regardless of jurisdiction, shall report it as provided below.

(a) A verbal report shall be made to the employee's immediate supervisor as soon as

circumstances permit.

(b) A written report shall be submitted before the employee goes off duty or within the

time frame directed by the supervisor to whom the verbal report is made.

700.4.1 DAMAGE BY PERSON OF ANOTHER AGENCY

If employees of another jurisdiction cause damage to real or personal property belonging to the

State, it shall be the responsibility of the employee present or the employee responsible for the

property to make a verbal report to his/her immediate supervisor as soon as circumstances permit.

The employee shall submit a written report before going off duty or as otherwise directed by the

supervisor.

These written reports, accompanied by the supervisor's written report, shall promptly be forwarded

to the appropriate Lieutenant.

Policy

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Electronic Communication Devices

701.1 PURPOSE AND SCOPE

The purpose of this policy is to establish guidelines for the use of mobile telephones and

communication devices, whether issued or funded by the Department or personally owned, while

on-duty or when used for authorized work-related purposes.

This policy refers to such devices as Electronic Communication Devices (ECDs) which includes

either Personal Communication Devices (PCDs) or Department-Provided Communication

Devices (DCDs)and is intended to include all mobile telephones, personal digital assistants

(PDAs), wireless capable tablets and similar wireless two-way communications and/or portable

Internet access devices. ECD use includes, but is not limited to, placing and receiving calls, text

messaging, blogging and microblogging, emailing, using video or camera features, playing games

and accessing sites or services on the Internet.

701.2 POLICY

The Sonoma State University Police Department allows members to utilize department-issued

or funded DCDs and to possess personally owned PCDs in the workplace, subject to certain

limitations. Any DCD used while on-duty, or used off-duty in any manner reasonably related to

the business of the Department, will be subject to monitoring and inspection consistent with the

standards set forth in this policy.

The inappropriate use of an ECD while on-duty may impair officer safety. Additionally, members

are advised and cautioned that the use of a personally owned PCD either on-duty or after duty

hours for business-related purposes may subject the member and the member’s PCD records to

civil or criminal discovery or disclosure under applicable public records laws.

Members who have questions regarding the application of this policy or the guidelines contained

herein are encouraged to seek clarification from supervisory personnel.

701.3 PRIVACY EXPECTATION

Members have a limited expectation of privacy with regard to any work-related communication

accessed, transmitted, received or reviewed on any PCD. Members shall have no expectation of

privacy with regard to any DCD, including their location should the device be equipped with location

detection capabilities (see the Information Technology Use Policy for additional guidance).

701.3.1 CALIFORNIA ELECTRONIC COMMUNICATIONS PRIVACY ACT (CALECPA)

No member is authorized to be the sole possessor of a department-issued PCD. Department-

issued DCDs can be retrieved, reassigned, accessed or used by any member as directed by a

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supervisor without notice. Member use of a department-issued DCD constitutes specific consent

for access for department purposes.

701.4 DEPARTMENT-ISSUED DCD

Depending on a member’s assignment and the needs of the position, the Department may,

at its discretion, issue or fund a DCD. Department-issued or funded DCDs are provided as a

convenience to facilitate on-duty performance only. Such devices and the associated telephone

number shall remain the sole property of the Department and shall be subject to inspection or

monitoring (including all related records and content) at any time without notice and without cause.

Prior to conducting an administrative search of a DCD, supervisors should consult legal counsel

to ensure access is consistent with CalECPA (Penal Code § 1546; Penal Code § 1546.1).

Unless a member is expressly authorized by the Chief of Police or the authorized designee for

off-duty use of the DCD, the DCD will either be secured in the workplace at the completion of the

tour of duty or will be turned off when leaving the workplace.

701.5 PERSONALLY OWNED PCD

Members may carry a personally owned PCD while on-duty, subject to the following conditions

and limitations:

(a) The Department accepts no responsibility for loss of or damage to a personally owned

PCD.

(b) The PCD and any associated services shall be purchased, used and maintained solely

at the member’s expense.

(c) The device should not be used for work-related purposes except in exigent

circumstances (e.g., unavailability of radio communications). Members will have a

reduced expectation of privacy when using a personally owned PCD in the workplace

and have no expectation of privacy with regard to any department business-related

communication.

1. Members may use personally owned PCDs on-duty for routine administrative

work as authorized by the Chief of Police.

(d) The device shall not be utilized to record or disclose any business-related information,

including photographs, video or the recording or transmittal of any information or

material obtained or made accessible as a result of employment with the Department,

without the express authorization of the Chief of Police or the authorized designee.

(e) All work-related documents, emails, photographs, recordings or other public records

created or received on a member’s personally owned PCD should be transferred to

the Sonoma State University Police Department and deleted from the member’s PCD

as soon as reasonably practicable but no later than the end of the member’s shift.

Except with prior express authorization from their supervisor, members are not obligated or

required to carry, access, monitor or respond to electronic communications using a personally

owned PCD while off-duty. If a member is in an authorized status that allows for appropriate

compensation consistent with policy or existing memorandum of understanding or collective

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bargaining agreements, or if the member has prior express authorization from his/her supervisor,

the member may engage in business-related communications. Should members engage in such

approved off-duty communications or work, members entitled to compensation shall promptly

document the time worked and communicate the information to their supervisors to ensure

appropriate compensation. Members who independently document off-duty department-related

business activities in any manner shall promptly provide the Department with a copy of such

records to ensure accurate record keeping.

701.6 USE OF ECD

The following protocols shall apply to all ECDs that are carried while on-duty or used to conduct

department business:

(a) An ECD shall not be carried in a manner that allows it to be visible while in uniform,

unless it is in an approved carrier.

(b) All ECDs in the workplace shall be set to silent or vibrate mode.

(c) An ECD may not be used to conduct personal business while on-duty, except for brief

personal communications (e.g., informing family of extended hours). Members shall

endeavor to limit their use of ECDs to authorized break times, unless an emergency

exists.

(d) Members may use an ECD to communicate with other personnel in situations where

the use of radio communications is either impracticable or not feasible. ECDs should

not be used as a substitute for, as a way to avoid, or in lieu of regular radio

communications.

(e) Members are prohibited from taking pictures, audio or video recordings or making

copies of any such picture or recording media unless it is directly related to official

department business. Disclosure of any such information to any third party through

any means, without the express authorization of the Chief of Police or the authorized

designee, may result in discipline.

(f) Members will not access social networking sites except during authorized breaks and

for official department business.

(g) Using ECDs to harass, threaten, coerce or otherwise engage in inappropriate conduct

with any third party is prohibited. Any member having knowledge of such conduct shall

promptly notify a supervisor.

701.7 SUPERVISOR RESPONSIBILITIES

The responsibilities of supervisors include, but are not limited to:

(a) Ensuring that members under their command are provided appropriate training on the

use of ECDs consistent with this policy.

(b) Monitoring, to the extent practicable, ECD use in the workplace and taking prompt

corrective action if a member is observed or reported to be improperly using a ECD.

1. An investigation into improper conduct should be promptly initiated when

circumstances warrant.

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2. Before conducting any administrative search of a member’s personally owned

device, supervisors should consult with the Chief of Police or the authorized

designee.

701.8 OFFICIAL USE

Members are reminded that ECDs are not secure devices and conversations may be intercepted

or overheard. Caution should be exercised while utilizing ECDs to ensure that sensitive information

is not inadvertently transmitted. As soon as reasonably possible, members shall conduct sensitive

or private communications on a land-based or other department communications network.

701.9 USE WHILE DRIVING

The use of an ECD while driving can adversely affect safety, cause unnecessary distractions and

present a negative image to the public. Officers operating emergency vehicles should restrict the

use of these devices to matters of an urgent nature and should, where practicable, stop the vehicle

at an appropriate location to use the ECD.

Members who are operating department vehicles that are not authorized emergency vehicles shall

not use an ECD while driving unless the device is specifically designed and configured to allow

hands-free use. In an emergency, a wireless phone may be used to place an emergency call

to the Department or other emergency services agency (Vehicle Code § 23123; Vehicle Code §

23123.5). Hands-free use should be restricted to business-related calls or calls of an urgent nature.

Policy

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Vehicle Maintenance

702.1 PURPOSE AND SCOPE

Employees are responsible for assisting in maintaining Department vehicles so that they are

properly equipped, properly maintained, properly refueled and present a clean appearance.

Officers shall inspect the patrol vehicle at the beginning of the shift.

702.2 DEFECTIVE VEHICLES

When a department vehicle becomes inoperative or in need of repair that affects the safety

of the vehicle, that vehicle shall be removed from service for repair. Proper documentation

shall be promptly completed by the employee who first becomes aware of the defective

condition, describing the correction needed. The paperwork shall be promptly forwarded to vehicle

maintenance for repair.

702.2.1 DAMAGE OR POOR PERFORMANCE

Vehicles that may have been damaged, or perform poorly shall be removed from service for

inspections and repairs as soon as practicable.

702.2.2 SEVERE USE

Vehicles operated under severe-use conditions, which include operations for which the vehicle

is not designed or that exceed the manufacturer’s parameters, should be removed from service

and subjected to a safety inspection as soon as practicable. Such conditions may include rough

roadway or off-road driving, hard or extended braking, pursuits or prolonged high-speed operation.

702.2.3 REMOVAL OF WEAPONS

All firearms, weapons and control devices shall be removed from a vehicle and properly secured

in the department armory prior to the vehicle being released for maintenance, service or repair.

702.3 VEHICLE EQUIPMENT

Certain items shall be maintained in all department vehicles for emergency purposes and to

perform routine duties.

702.4 VEHICLE REFUELING

Absent emergency conditions or supervisor approval, officers driving patrol vehicles shall not place

a vehicle in service that has less than one-quarter tank of fuel. Vehicles shall only be refueled at

the authorized location.

702.5 WASHING OF VEHICLES

All units shall be kept clean at all times and weather conditions permitting, shall be washed as

necessary to enhance their appearance.

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Officers in patrol shall obtain clearance from the dispatcher before responding to the car wash.

Only one marked unit should be at the car wash at the same time unless otherwise approved by

a supervisor.

Employees using a vehicle shall remove any trash or debris at the end of their shift. Confidential

material should be placed in a designated receptacle provided for the shredding of this matter.

702.6 PROFESSIONAL STAFF EMPLOYEE USE

Professional Staff employees using marked vehicles shall ensure all weapons are removed from

vehicles before going into service. Professional Staff employees shall also prominently display

the “out of service” placards or lightbar covers at all times. Professional Staff employees shall not

operate the emergency lights or siren of any vehicle unless expressly authorized by a supervisor.

Policy

703

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Vehicle Use - 456

Vehicle Use

703.1 PURPOSE AND SCOPE

The purpose of this policy is to establish a system of accountability to ensure department vehicles

are used appropriately. This policy provides guidelines for on- and off-duty use of department

vehicles and shall not be construed to create or imply any contractual obligation by the State

of Sonoma State University to provide assigned take-home vehicles.

703.2 POLICY

The Sonoma State University Police Department provides vehicles for department-related

business and may assign patrol and unmarked vehicles based on a determination of operational

efficiency, economic impact to the Department, requirements for tactical deployments and other

considerations.

703.3 USE OF VEHICLES

703.3.1 SHIFT ASSIGNED VEHICLES

The Watch Commander shall ensure a copy of the shift assignment roster indicating member

assignments and vehicle numbers is completed for each shift and retained in accordance with the

established records retention schedule. If a member exchanges vehicles during his/her shift, the

new vehicle number shall be documented on the roster.

703.3.2 OTHER USE OF VEHICLES

Members utilizing a vehicle for any purpose other than their normally assigned duties or normal

vehicle assignment (e.g., transportation to training, community event) shall first notify the Watch

Commander. A notation will be made on the shift assignment roster indicating the member’s name

and vehicle number.

This subsection does not apply to those who are assigned to vehicle transportation duties to and

from the maintenance yard or carwash.

703.3.3 INSPECTIONS

Members shall be responsible for inspecting the interior and exterior of any assigned vehicle

before taking the vehicle into service and at the conclusion of their shifts. Any previously

unreported damage, mechanical problems, unauthorized contents or other problems with the

vehicle shall be promptly reported to a supervisor and documented as appropriate.

The interior of any vehicle that has been used to transport any person other than a member of

this department should be inspected prior to placing another person in the vehicle and again after

the person is removed. This is to ensure that unauthorized or personal items have not been left

in the vehicle.

When transporting any suspect, prisoner or arrestee, the transporting member shall search all

areas of the vehicle that are accessible by the person before and after that person is transported.

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All department vehicles are subject to inspection and/or search at any time by a supervisor without

notice and without cause. No member assigned to or operating such vehicle shall be entitled to

any expectation of privacy with respect to the vehicle or its contents.

703.3.4 SECURITY AND UNATTENDED VEHICLES

Unattended vehicles should be locked and secured at all times. No key should be left in the vehicle

except when it is necessary that the vehicle be left running (e.g., continued activation of emergency

lights, canine safety, equipment charging). Officers who exit a vehicle rapidly in an emergency

situation or to engage in a foot pursuit must carefully balance the need to exit the vehicle quickly

with the need to secure the vehicle.

Members shall ensure all weapons are secured while the vehicle is unattended.

703.3.5 MDC

Members assigned to vehicles equipped with a Mobile Digital Computer (MDC) shall log onto

the MDC with the required information when going on-duty. If the vehicle is not equipped with

a working MDC, the member shall notify Dispatch. Use of the MDC is governed by the Mobile

Digital Computer Use Policy.

703.3.6 VEHICLE LOCATION SYSTEM

Patrol and other vehicles, at the discretion of the Chief of Police, may be equipped with a system

designed to track the vehicle’s location. While the system may provide vehicle location and

other information, members are not relieved of their responsibility to use required communication

practices to report their location and status.

Members shall not make any unauthorized modifications to the system. At the start of each shift,

members shall verify that the system is on and report any malfunctions to their supervisor. If the

member finds that the system is not functioning properly at any time during the shift, he/she should

exchange the vehicle for one with a working system, if available.

System data may be accessed by supervisors at any time. However, access to historical data by

other than supervisors will require Lieutenant approval.

All data captured by the system shall be retained in accordance with the established records

retention schedule.

703.3.7 KEYS

Members approved to operate marked patrol vehicles should be issued a copy of the key as part of

their initial equipment distribution. Members who are assigned a specific vehicle should be issued

keys for that vehicle.

Members shall not duplicate keys. The loss of a key shall be promptly reported in writing through

the member’s chain of command.

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703.3.8 AUTHORIZED PASSENGERS

Members operating department vehicles shall not permit persons other than State personnel or

persons required to be conveyed in the performance of duty, or as otherwise authorized, to ride

as passengers in the vehicle, except as stated in the Ride-Along Policy.

703.3.9 ALCOHOL

Members who have consumed alcohol are prohibited from operating any department vehicle

unless it is required by the duty assignment (e.g., task force, undercover work). Regardless of

assignment, members may not violate state law regarding vehicle operation while intoxicated.

703.3.10 PARKING

Except when responding to an emergency or when urgent department-related business requires

otherwise, members driving department vehicles should obey all parking regulations at all times.

Department vehicles should be parked in assigned stalls. Members shall not park privately owned

vehicles in stalls assigned to department vehicles or in other areas of the parking lot that are not

so designated unless authorized by a supervisor. Privately owned motorcycles shall be parked

in designated areas.

703.3.11 ACCESSORIES AND/OR MODIFICATIONS

There shall be no modifications, additions or removal of any equipment or accessories without

written permission from the assigned vehicle program manager.

703.3.12 PROFESSIONAL STAFF MEMBER USE

Professional Staff members using marked emergency vehicles shall ensure that all weapons have

been removed before going into service. Professional Staff members shall prominently display

the "out of service" placards or light bar covers at all times. Professional Staff members shall not

operate the emergency lights or siren of any vehicle unless expressly authorized by a supervisor.

703.4 INDIVIDUAL MEMBER ASSIGNMENT TO VEHICLES

Department vehicles may be assigned to individual members at the discretion of the Chief of

Police. Vehicles may be assigned for on-duty and/or take-home use. Assigned vehicles may be

changed at any time. Permission to take home a vehicle may be withdrawn at any time.

The assignment of vehicles may be suspended when the member is unable to perform his/her

regular assignment.

703.4.1 ON-DUTY USE

Vehicle assignments shall be based on the nature of the member’s duties, job description and

essential functions, and employment or appointment status. Vehicles may be reassigned or

utilized by other department members at the discretion of the Chief of Police or the authorized

designee.

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703.4.2 UNSCHEDULED TAKE-HOME USE

Circumstances may arise where department vehicles must be used by members to commute

to and from a work assignment. Members may take home department vehicles only with prior

approval of a supervisor and shall meet the following criteria:

(a) The circumstances are unplanned and were created by the needs of the department.

(b) Other reasonable transportation options are not available.

(c) The member lives within a reasonable distance (generally not to exceed a 60-minute

drive time) of the Sonoma State University State limits.

(d) Off-street parking will be available at the member’s residence.

(e) Vehicles will be locked when not attended.

(f) All firearms, weapons and control devices will be removed from the interior of the

vehicle and properly secured in the residence when the vehicle is not attended, unless

the vehicle is parked in a locked garage.

703.4.3 ASSIGNED VEHICLES

Assignment of take-home vehicles shall be based on the location of the member’s residence,

the nature of the member’s duties, job description and essential functions, and employment or

appointment status. Residence in the State of Sonoma State University is a prime consideration

for assignment of a take-home vehicle. Members who reside outside the State of Sonoma State

University may be required to secure the vehicle at a designated location or the Department at

the discretion of the Chief of Police.

Department members shall sign a take-home vehicle agreement that outlines certain standards,

including, but not limited to, how the vehicle shall be used, where it shall be parked when the

member is not on-duty, vehicle maintenance responsibilities and member enforcement actions.

Members are cautioned that under federal and local tax rules, personal use of a State vehicle may

create an income tax liability for the member. Questions regarding tax rules should be directed

to the member’s tax adviser.

Criteria for use of take-home vehicles include the following:

(a) Vehicles shall only be used for work-related purposes and shall not be used for

personal errands or transports, unless special circumstances exist and the Chief of

Police or a Lieutenant gives authorization.

(b) Vehicles may be used to transport the member to and from the member’s residence

for work-related purposes.

(c) Vehicles will not be used when off-duty except:

1. In circumstances when a member has been placed on call by the Chief of Police

or Lieutenants and there is a high probability that the member will be called back

to duty.

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2. When the member is performing a work-related function during what normally

would be an off-duty period, including vehicle maintenance or travelling to or

from a work-related activity or function.

3. When the member has received permission from the Chief of Police

or Lieutenants.

4. When the vehicle is being used by the Chief of Police, Lieutenants or members

who are in on-call administrative positions.

5. When the vehicle is being used by on-call investigators.

(d) While operating the vehicle, authorized members will carry and have accessible their

duty firearms and be prepared to perform any function they would be expected to

perform while on-duty.

(e) The two-way communications radio, MDC and global positioning satellite device, if

equipped, must be on and set to an audible volume when the vehicle is in operation.

(f) Unattended vehicles are to be locked and secured at all times.

1. No key should be left in the vehicle except when it is necessary that the vehicle

be left running (e.g., continued activation of emergency lights, canine safety,

equipment charging).

2. All weapons shall be secured while the vehicle is unattended.

3. All department identification, portable radios and equipment should be secured.

(g) Vehicles are to be parked off-street at the member’s residence unless prior

arrangements have been made with the Chief of Police or the authorized designee.

If the vehicle is not secured inside a locked garage, all firearms and kinetic impact

weapons shall be removed and properly secured in the residence (see the Firearms

Policy regarding safe storage of firearms at home).

(h) Vehicles are to be secured at the member’s residence or the appropriate department

facility, at the discretion of the Department when a member will be away (e.g., on

vacation) for periods exceeding one week.

1. If the vehicle remains at the residence of the member, the Department shall have

access to the vehicle.

2. If the member is unable to provide access to the vehicle, it shall be parked at

the Department.

(i) The member is responsible for the care and maintenance of the vehicle.

703.4.4 ENFORCEMENT ACTIONS

When driving a take-home vehicle to and from work outside of the jurisdiction of the Sonoma State

University Police Department or while off-duty, an officer shall not initiate enforcement actions

except in those circumstances where a potential threat to life or serious property damage exists

(see the Off-Duty Law Enforcement Actions and Law Enforcement Authority policies).

Officers may render public assistance when it is deemed prudent (e.g., to a stranded motorist).

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Officers driving take-home vehicles shall be armed, appropriately attired and carry

their department-issued identification. Officers should also ensure that department radio

communication capabilities are maintained to the extent feasible.

703.4.5 MAINTENANCE

Members are responsible for the cleanliness (exterior and interior) and overall maintenance of

their assigned vehicles. Cleaning and maintenance supplies will be provided by the Department.

Failure to adhere to these requirements may result in discipline and loss of vehicle assignment.

The following should be performed as outlined below:

(a) Members shall make daily inspections of their assigned vehicles for service/

maintenance requirements and damage.

(b) It is the member’s responsibility to ensure that his/her assigned vehicle is maintained

according to the established service and maintenance schedule.

(c) All scheduled vehicle maintenance and car washes shall be performed as necessary

at a facility approved by the department supervisor in charge of vehicle maintenance.

(d) The Department shall be notified of problems with the vehicle and approve any major

repairs before they are performed.

(e) When leaving the vehicle at the maintenance facility, the member will complete a

vehicle repair card explaining the service or repair, and leave it on the seat or dash.

(f) All weapons shall be removed from any vehicle left for maintenance.

(g) Supervisors shall make, at a minimum, monthly inspections of vehicles assigned

to members under their command to ensure the vehicles are being maintained in

accordance with this policy.

703.5 UNMARKED VEHICLES

Vehicles are assigned to various sections and their use is restricted to the respective section and

the assigned member, unless otherwise approved by a section supervisor. Any member operating

an unmarked vehicle shall record vehicle usage on the sign-out log maintained in the section

for that purpose. Any use of unmarked vehicles by those who are not assigned to the section to

which the vehicle is assigned shall also record the use with the Watch Commander on the shift

assignment roster.

703.6 DAMAGE, ABUSE AND MISUSE

When any department vehicle is involved in a traffic collision or otherwise incurs damage, the

involved member shall promptly notify a supervisor. Any traffic collision report shall be filed with

the agency having jurisdiction (see the Traffic Collision Reporting Policy).

Damage to any department vehicle that was not caused by a traffic collision shall be immediately

reported during the shift in which the damage was discovered, documented in memorandum

format and forwarded to the Watch Commander. An administrative investigation should be initiated

to determine if there has been any vehicle abuse or misuse.

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703.7 TOLL ROAD USAGE

Law enforcement vehicles are not routinely exempted from incurring toll road charges.

To avoid unnecessary toll road charges, all members operating department vehicles on a toll road

shall adhere to the following:

(a)

Members operating department vehicles for any reason other than in response to

an emergency shall pay the appropriate toll charge or utilize the appropriate toll way

transponder. Members may submit a request for reimbursement from the State for any

toll fees incurred in the course of official business.

(b)

Members passing through a toll plaza or booth during a response to an emergency

shall notify, in writing, the appropriate Lieutenant within five working days explaining

the circumstances.

703.7 ATTIRE AND APPEARANCE

When operating any department vehicle while off-duty, members may dress in a manner

appropriate for their intended activity. Whenever in view of or in contact with the public, attire and

appearance, regardless of the activity, should be suitable to reflect positively upon the Department.

Policy

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Cash Handling, Security and Management

704.1 PURPOSE AND SCOPE

This policy provides guidelines to ensure department members handle cash appropriately in the

performance of their duties.

This policy does not address cash-handling issues specific to the Property and Evidence and

Informants policies.

704.2 POLICY

It is the policy of the Sonoma State University Police Department to properly handle and document

cash transactions and to maintain accurate records of cash transactions in order to protect the

integrity of department operations and ensure the public trust.

704.3 PETTY CASH FUNDS

The Chief of Police shall designate a person as the fund manager responsible for maintaining and

managing the petty cash fund.

Each petty cash fund requires the creation and maintenance of an accurate and current transaction

ledger and the filing of invoices, receipts, cash transfer forms and expense reports by the fund

manager.

704.4 PETTY CASH TRANSACTIONS

The fund manager shall document all transactions on the ledger and any other appropriate forms.

Each person participating in the transaction shall sign or otherwise validate the ledger, attesting to

the accuracy of the entry. Transactions should include the filing of an appropriate receipt, invoice

or cash transfer form. Transactions that are not documented by a receipt, invoice or cash transfer

form require an expense report.

704.5 PETTY CASH AUDITS

The fund manager shall perform an audit no less than once every six months. This audit requires

that the fund manager and at least one command staff member, selected by the Chief of Police,

review the transaction ledger and verify the accuracy of the accounting. The fund manager and

the participating member shall sign or otherwise validate the ledger attesting to the accuracy of all

documentation and fund accounting. A discrepancy in the audit requires documentation by those

performing the audit and an immediate reporting of the discrepancy to the Chief of Police.

Transference of fund management to another member shall require a separate petty cash audit

and involve a command staff member.

A separate audit of each petty cash fund should be completed on a random date, approximately

once each year by the Chief of Police or the State.

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704.6 ROUTINE CASH HANDLING

Those who handle cash as part of their property or Investigations supervisor duties shall discharge

those duties in accordance with the Property and Evidence and Informants policies.

Members who routinely accept payment for department services shall discharge those duties in

accordance with the procedures established for those tasks.

704.7 OTHER CASH HANDLING

Members of the Department who, within the course of their duties, are in possession of cash that

is not their property or that is outside their defined cash-handling responsibilities shall, as soon as

practicable, verify the amount, summon another member to verify their accounting, and process

the cash for safekeeping or as evidence or found property, in accordance with the Property and

Evidence Policy.

Cash in excess of $1,000 requires immediate notification of a supervisor, special handling,

verification and accounting by the supervisor. Each member involved in this process shall

complete an appropriate report or record entry.

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Chapter 8 - Support Services

Policy

800

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Crime Analysis - 466

Crime Analysis

800.1 PURPOSE AND SCOPE

Crime analysis should provide currently useful information to aid operational personnel in meeting

their tactical crime control and prevention objectives by identifying and analyzing methods of

operation of individual criminals, providing crime pattern recognition, and providing analysis of data

from field interrogations and arrests. Crime analysis can be useful to the Department's long range

planning efforts by providing estimates of future crime trends and assisting in the identification of

enforcement priorities.

800.2 DATA SOURCES

Crime analysis data is extracted from many sources including, but not limited to:

• Crime reports

• Field Interview cards

• Parole and Probation records

• Computer Aided Dispatch data

• Statewide Integrated Traffic Reporting System (SWITRS)

800.3 CRIME ANALYSIS FACTORS

The following minimum criteria should be used in collecting data for Crime Analysis:

• Frequency by type of crime

• Geographic factors

• Temporal factors

• Victim and target descriptors

• Suspect descriptors

• Suspect vehicle descriptors

• Modus operandi factors

• Physical evidence information

800.4 CRIME ANALYSIS DISSEMINATION

For a crime analysis system to function effectively, information should be disseminated to the

appropriate units or persons on a timely basis. Information that is relevant to the operational and

tactical plans of specific line units should be sent directly to them. Information relevant to the

development of the Department's strategic plans should be provided to the appropriate staff units.

When information pertains to tactical and strategic plans, it should be provided to all affected units.

Policy

801

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Dispatch - 467

Dispatch

801.1 PURPOSE AND SCOPE

This policy establishes guidelines for the basic functions of Dispatch. It addresses the immediate

information needs of the Department in the course of its normal daily activities and during

emergencies.

801.2 POLICY

It is the policy of the Sonoma State University Police Department to provide 24-hour telephone

service to the public for information and for routine or emergency assistance. The Department

provides two-way radio capability providing continuous communication between Dispatch

and department members in the field.

801.3 DISPATCH SECURITY

The communications function is vital and central to all emergency service operations. The safety

and security of Dispatch, its members and its equipment must be a high priority. Special security

procedures should be established in a separate operations manual for Dispatch.

Access to Dispatch shall be limited to Dispatch members, the Watch Commander, command staff

and department members with a specific business-related purpose.

801.4 RESPONSIBILITIES

801.4.1 DISPATCH SUPERVISOR

The Chief of Police shall appoint and delegate certain responsibilities to a Dispatch Supervisor.

The Dispatch Supervisor is directly responsible to the Patrol Lieutenant or the authorized

designee.

The responsibilities of the Dispatch Supervisor include, but are not limited to:

(a) Overseeing the efficient and effective operation of Dispatch in coordination with other

supervisors.

(b) Scheduling and maintaining dispatcher time records.

(c) Supervising, training and evaluating dispatchers.

(d) Ensuring the radio and telephone recording system is operational.

1. Recordings shall be maintained in accordance with the established records

retention schedule and as required by law.

(e) Processing requests for copies of Dispatch information for release.

(f) Maintaining Dispatch database systems.

(g) Maintaining and updating Dispatch procedures manual.

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1. Procedures for specific types of crime reports may be necessary. For example,

specific questions and instructions may be necessary when talking with a victim

of a sexual assault to ensure that his/her health and safety needs are met, as

well as steps that he/she may take to preserve evidence.

2. Ensuring dispatcher compliance with established policies and procedures.

(h) Handling internal and external inquiries regarding services provided and accepting

personnel complaints in accordance with the Personnel Complaints Policy.

(i) Maintaining a current contact list of State personnel to be notified in the event of a

utility service emergency.

801.4.2 ADDITIONAL PROCEDURES

The Dispatch Supervisor should establish procedures for:

(a) Recording all telephone and radio communications and playback issues.

(b) Storage and retention of recordings.

(c) Security of audio recordings (e.g., passwords, limited access, authorized reviewers,

preservation of recordings past normal retention standards).

(d) Availability of current information for dispatchers (e.g., Watch Commander contact,

rosters, member tracking methods, member contact, maps, emergency providers,

tactical dispatch plans).

(e) Assignment of field members and safety check intervals.

(f) Emergency Medical Dispatch (EMD) instructions.

(g) Procurement of external services (e.g., fire suppression, ambulances, aircraft, tow

trucks, taxis).

(h) Protection of essential equipment (e.g., surge protectors, gaseous fire suppression

systems, uninterruptible power systems, generators).

(i) Protection of radio transmission lines, antennas and power sources for Dispatch (e.g.,

security cameras, fences).

(j) Handling misdirected, silent and hang-up calls.

(k) Handling private security alarms, if applicable.

(l) Radio interoperability issues.

801.4.3 DISPATCHERS

Dispatchers report to the Dispatch Supervisor. The responsibilities of the dispatcher include, but

are not limited to:

(a) Receiving and handling all incoming and transmitted communications, including:

1. Emergency 9-1-1 lines.

2. Business telephone lines.

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3. Telecommunications Device for the Deaf (TDD)/Text Telephone (TTY)

equipment.

4. Radio communications with department members in the field and support

resources (e.g., fire department, emergency medical services (EMS), allied

agency law enforcement units).

5. Other electronic sources of information (e.g., text messages, digital

photographs, video).

(b) Documenting the field activities of department members and support resources (e.g.,

fire department, EMS, allied agency law enforcement units).

(c) Inquiry and entry of information through Dispatch, department and other law

enforcement database systems (CLETS, DMV, NCIC).

(d) Monitoring department video surveillance systems.

(e) Maintaining the current status of members in the field, their locations and the nature

of calls for service.

(f) Notifying the Watch Commander or field supervisor of emergency activity, including,

but not limited to:

1. Vehicle pursuits.

2. Foot pursuits.

3. Assignment of emergency response.

801.5 CALL HANDLING

This Department provides members of the public with access to the 9-1-1 system for a single

emergency telephone number.

When a call for services is received, the dispatcher will reasonably and quickly attempt to

determine whether the call is an emergency or non-emergency, and shall quickly ascertain the

call type, location and priority by asking four key questions:

•

Where?

•

What?

•

When?

•

Who?

If the dispatcher determines that the caller has a hearing and/or speech impairment or disability,

he/she shall immediately initiate a connection with the individual via available TDD/TTY equipment

or Telephone Relay Service (TRS), as mandated by the Americans with Disabilities Act (ADA).

If the dispatcher determines that the caller is a limited English proficiency (LEP) individual,

the dispatcher should quickly determine whether sufficient information can be obtained to initiate

an appropriate response. If language assistance is still needed, the language is known and

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a language-appropriate authorized interpreter is available in Dispatch, the dispatcher should

immediately connect the LEP caller to the authorized interpreter.

If no authorized interpreter is available or the dispatcher is unable to identify the caller’s language,

the dispatcher will contact the contracted telephonic interpretation service and establish a three-

party call connecting the dispatcher, the LEP individual and the interpreter.

Dispatchers should be courteous, patient and respectful when dealing with the public.

801.5.1 EMERGENCY CALLS

A call is considered an emergency when there is an immediate or potential threat to life or serious

property damage, and the timely arrival of public safety assistance is of the utmost importance. A

person reporting an emergency should not be placed on hold until the dispatcher has obtained all

necessary information to ensure the safety of the responding department members and affected

individuals.

Emergency calls should be dispatched immediately. The Watch Commander shall be notified of

pending emergency calls for service when department members are unavailable for dispatch.

801.5.2 NON-EMERGENCY CALLS

A call is considered a non-emergency call when there is no immediate or potential threat to life or

property. A person reporting a non-emergency may be placed on hold, if necessary, to allow the

dispatcher to handle a higher priority or emergency call.

The reporting person should be advised if there will be a delay in the dispatcher returning to the

telephone line or when there will be a delay in the response for service.

801.6 RADIO COMMUNICATIONS

The police radio system is for official use only, to be used by dispatchers to communicate

with department members in the field. All transmissions shall be professional and made in a calm,

businesslike manner, using proper language and correct procedures. Such transmissions shall

include, but are not limited to:

(a) Members acknowledging the dispatcher with their radio identification call signs and

current location.

(b) Dispatchers acknowledging and responding promptly to all radio transmissions.

(c) Members keeping the dispatcher advised of their status and location.

(d) Member and dispatcher acknowledgements shall be concise and without further

comment unless additional information is needed.

The Dispatch Supervisor shall be notified of radio procedure violations or other causes for

complaint. All complaints and violations will be investigated and reported to the complainant’s

supervisor and processed through the chain of command.

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801.6.1 FEDERAL COMMUNICATIONS COMMISSION COMPLIANCE

Sonoma State University Police Department radio operations shall be conducted in accordance

with Federal Communications Commission (FCC) procedures and requirements.

801.6.2 RADIO IDENTIFICATION

Radio call signs are assigned to department members based on factors such as duty assignment,

uniformed patrol assignment and/or member identification number. Dispatchers shall identify

themselves on the radio with the appropriate station name or number, and identify the department

member by his/her call sign. Members should use their call signs when initiating communication

with the dispatcher. The use of the call sign allows for a brief pause so that the dispatcher

can acknowledge the appropriate department member. Members initiating communication with

other law enforcement or support agencies shall use their entire radio call sign, which includes

the department station name or number.

801.7 DOCUMENTATION

It shall be the responsibility of Dispatch to document all relevant information on calls for service or

self-initiated activity. Dispatchers shall attempt to elicit, document and relay as much information

as possible to enhance the safety of the member and assist in anticipating conditions that may be

encountered at the scene. Desirable information would include, at a minimum:

•

Incident control number.

•

Date and time of request.

•

Name and address of the reporting person, if possible.

•

Type of incident reported.

•

Involvement of weapons, drugs and/or alcohol.

•

Location of incident reported.

•

Identification of members assigned as primary and backup.

•

Time of dispatch.

•

Time of the responding member’s arrival.

•

Time of member’s return to service.

•

Disposition or status of reported incident.

801.8 CONFIDENTIALITY

Information that becomes available through Dispatch may be confidential or sensitive in nature.

All members of Dispatch shall treat information that becomes known to them as confidential and

release that information in accordance with the Protected Information Policy.

Automated data, such as Department of Motor Vehicle records, warrants, criminal history

information, records of internal police files or medical information, shall only be made available to

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authorized law enforcement personnel. Prior to transmitting confidential information via the radio,

an admonishment shall be made that confidential information is about to be broadcast.

801.9 TRAINING AND CERTIFICATION

Dispatchers shall receive training consistent with minimum standards established by POST (Penal

Code § 13510).

Policy

802

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Property and Evidence

802.1 PURPOSE AND SCOPE

This_policy provides for the proper collection, storage, and security of evidence and other property.

Additionally, this policy provides for the protection of the chain of evidence and identifies those

persons authorized to remove and/or destroy property.

802.2 DEFINITIONS

Property - Includes all items of evidence, items taken for safekeeping and found property.

Evidence - Includes items taken or recovered in the course of an investigation that may be used

in the prosecution of a case. This includes photographs and latent fingerprints.

Safekeeping - Includes the following types of property:

•

Property obtained by the Department for safekeeping such as a firearm

•

Personal property of an arrestee not taken as evidence

•

Property taken for safekeeping under authority of a law (e.g., Welfare and Institutions

Code § 5150 (mentally ill persons))

Found property - Includes property found by an employee or citizen that has no apparent

evidentiary value and where the owner cannot be readily identified or contacted.

802.3 PROPERTY HANDLING

Any_employee who first comes into possession of any property shall retain such property in his/

her possession until it is properly tagged and placed in the designated property locker or storage

room along with the property form. Care shall be taken to maintain the chain of custody for all

evidence.

Where ownership can be established as to found property with no apparent evidentiary value,

such property may be released to the owner without the need for booking. The property form must

be completed to document the release of property not booked and the owner shall sign the form

acknowledging receipt of the items.

802.3.1 PROPERTY BOOKING PROCEDURE

All property must be booked prior to the employee going off-duty unless otherwise approved by a

supervisor. Employees booking property shall observe the following guidelines:

(a) Complete the property form describing each item of property separately, listing all

serial numbers, owner’s name, finder's name, and other identifying information or

markings.

(b) Mark each item of evidence with the booking employee’s initials and the date booked

using the appropriate method so as not to deface or damage the value of the property.

(c) Complete an evidence/property tag and attach it to each package or envelope in which

the property is stored.

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(d) Place the case number in the upper right hand corner of the bag.

(e) The original property form shall be submitted with the case report. A copy shall be

placed with the property in the temporary property locker or with the property if property

is stored somewhere other than a property locker.

(f) When the property is too large to be placed in a locker, the item may be retained in the

supply room. Submit the completed property record into a numbered locker indicating

the location of the property.

802.3.2 NARCOTICS AND DANGEROUS DRUGS

All_narcotics and dangerous drugs shall be booked separately using a separate property record.

Paraphernalia as defined by Health and Safety Code § 11364 shall also be booked separately.

The officer seizing the narcotics and dangerous drugs shall place them in the designated locker

accompanied by two copies of the form for the Records Section and detectives. The remaining

copy will be detached and submitted with the case report.

802.3.3 EXPLOSIVES

Officers who encounter a suspected explosive device shall promptly notify their immediate

supervisor or the Watch Commander. The bomb squad will be called to handle explosive-related

incidents and will be responsible for the handling, storage, sampling and disposal of all suspected

explosives.

Explosives will not be retained in the police facility. Only fireworks that are considered stable and

safe and road flares or similar signaling devices may be booked into property. All such items shall

be stored in proper containers and in an area designated for the storage of flammable materials.

The Property Officer is responsible for transporting to the Fire Department, on a regular basis,

any fireworks or signaling devices that are not retained as evidence.

802.3.4 EXCEPTIONAL HANDLING

Certain property items require a separate process. The following items shall be processed in the

described manner:

(a) Bodily fluids such as blood or semen stains shall be air dried prior to booking.

(b) License plates found not to be stolen or connected with a known crime, should be

released directly to the Property Officer, or placed in the designated container for

return to the Department of Motor Vehicles. No formal property booking process is

required.

(c) All bicycles and bicycle frames require a property record. Property tags will be securely

attached to each bicycle or bicycle frame. The property may be released directly to

the Property Officer, or placed in the bicycle storage area until a Property Officer can

log the property.

(d) All cash shall be counted in the presence of a supervisor and the envelope initialed

by the booking officer and the supervisor. The Watch Commander shall be contacted

for cash in excess of $1,000 for special handling procedures.

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State property, unless connected to a known criminal case, should be released directly to the

appropriate State department. No formal booking is required. In cases where no responsible

person can be located, the property should be booked for safekeeping in the normal manner.

802.3.5 RELINQUISHED FIREARMS

Individuals who relinquish firearms pursuant to the provisions of Penal Code § 29850 shall be

issued a receipt that describes the firearm, the serial number or other identification of the firearm

at the time of relinquishment (Penal Code § 29810).

Relinquished firearms shall be retained for 30 days, after which time they may be destroyed,

retained, sold or otherwise transferred, unless (Penal Code § 29810):

(a) A certificate is issued by a judge of a court of record or the District Attorney stating

the firearms shall be retained; or

(b) The convicted person provides written notice of an intent to appeal the conviction that

necessitated the relinquishment; or

(c) The Automated Firearms System indicates that the firearm was reported lost or stolen.

1. In such event, the firearm shall be restored to the lawful owner as soon as it

is no longer needed as evidence, the lawful owner has identified the weapon

and provided proof of ownership, and the Department has complied with the

requirements of Penal Code § 33850 et seq.

The Property Officer shall ensure the Lieutenant is notified of the relinquished firearm for purposes

of updating the Automated Firearms System and the disposition of the firearm for purposes of

notifying the California Department of Justice (DOJ) (See the Records Section Policy).

802.4 PACKAGING OF PROPERTY

Certain items require special consideration and shall be booked separately as follows:

(a) Narcotics and dangerous drugs

(b) Firearms (ensure they are unloaded and booked separately from ammunition)

(c) Property with more than one known owner

(d) Paraphernalia as described in Health and Safety Code § 11364

(e) Fireworks

(f) Contraband

802.4.1 PACKAGING CONTAINER

Employees shall package all property, except narcotics and dangerous drugs in a suitable

container available for its size. Knife boxes should be used to package knives, and syringe tubes

should be used to package syringes and needles.

A property tag shall be securely attached to the outside of all items or group of items packaged

together.

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802.4.2 PACKAGING NARCOTICS

The officer seizing narcotics and dangerous drugs shall retain such property in his/her possession

until it is properly weighed, packaged, tagged, and placed in the designated narcotics locker,

accompanied by two copies of the property record. Prior to packaging and if the quantity allows, a

presumptive test should be made on all suspected narcotics. If conducted, the results of this test

shall be included in the officer's report.

Narcotics and dangerous drugs shall be packaged in an envelope of appropriate size available in

the report room. The booking officer shall initial the sealed envelope and the initials covered with

cellophane tape. Narcotics and dangerous drugs shall not be packaged with other property.

A completed property tag shall be attached to the outside of the container. The chain of evidence

shall be recorded on the back of this tag.

802.5 RECORDING OF PROPERTY

The Property Officer receiving custody of evidence or property shall record his/her signature, the

date and time the property was received and where the property will be stored on the property

control card.

A property number shall be obtained for each item or group of items. This number shall be recorded

on the property tag and the property control card.

Any changes in the location of property held by the Sonoma State University Police Department

shall be noted in the property logbook.

802.6 PROPERTY CONTROL

Each time the Property Officer receives property or releases property to another person, he/she

shall enter this information on the property control card. Officers desiring property for court shall

contact the Property Officer at least one day prior to the court day.

802.6.1 RESPONSIBILITY OF OTHER PERSONNEL

Every time property is released or received, an appropriate entry on the evidence package shall

be completed to maintain the chain of evidence. No property or evidence is to be released without

first receiving written authorization from a supervisor or detective.

Request for analysis for items other than narcotics or drugs shall be completed on the appropriate

forms and submitted to the Property Officer. This request may be filled out any time after booking

of the property or evidence.

802.6.2 TRANSFER OF EVIDENCE TO CRIME LABORATORY

The transporting employee will check the evidence out of property, indicating the date and time

on the property control card and the request for laboratory analysis.

The Property Officer releasing the evidence must complete the required information on the

property control card and the evidence. The lab forms will be transported with the property to the

examining laboratory. Upon delivering the item involved, the officer will record the delivery time

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on both copies, and indicate the locker in which the item was placed or the employee to whom it

was delivered. The original copy of the lab form will remain with the evidence and the copy will be

returned to the Records Section for filing with the case.

802.6.3 STATUS OF PROPERTY

Each person receiving property will make the appropriate entry to document the chain of evidence.

Temporary release of property to officers for investigative purposes, or for court, shall be noted

on the property control card, stating the date, time and to whom released.

The Property Officer shall obtain the signature of the person to whom property is released, and

the reason for release. Any employee receiving property shall be responsible for such property

until it is properly returned to property or properly released to another authorized person or entity.

The return of the property should be recorded on the property control card, indicating date, time,

and the person who returned the property.

802.6.4 AUTHORITY TO RELEASE PROPERTY

The Investigations Unit shall authorize the disposition or release of all evidence and property

coming into the care and custody of the Department.

802.6.5 RELEASE OF PROPERTY

All reasonable attempts shall be made to identify the rightful owner of found property or evidence

not needed for an investigation.

Release of property shall be made upon receipt of an authorized release form, listing the name

and address of the person to whom the property is to be released. The release authorization shall

be signed by the authorizing supervisor or detective and must conform to the items listed on the

property form or must specify the specific item(s) to be released. Release of all property shall be

documented on the property form.

With the exception of firearms and other property specifically regulated by statute, found property

and property held for safekeeping shall be held for a minimum of 90 days. During such period,

property personnel shall attempt to contact the rightful owner by telephone and/or mail when

sufficient identifying information is available. Property not held for any other purpose and not

claimed within 90 days after notification (or receipt, if notification is not feasible) may be auctioned

to the highest bidder at a properly published public auction. If such property is not sold at auction

or otherwise lawfully claimed, it may thereafter be destroyed (Civil Code § 2080.6). The final

disposition of all such property shall be fully documented in related reports.

A Property Officer shall release the property upon proper identification being presented by the

owner for which an authorized release has been received. A signature of the person receiving the

property shall be recorded on the original property form. After release of all property entered on the

property control card, the card shall be forwarded to the Records Section for filing with the case.

If some items of property have not been released, the property card will remain with the Property

and Evidence Section. Upon release, the proper entry shall be documented in the Property Log.

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Under no circumstances shall any firearm, magazine, or ammunition be returned to any individual

unless and until such person presents valid identification and written notification from the California

Department of Justice that conforms to the provisions of Penal Code § 33865.

The Property and Evidence Section Supervisor should also make reasonable efforts to determine

whether the person is the subject of any court order preventing the person from possessing a

firearm and, if so, the firearm should not be released to the person while the order is in effect.

The Department is not required to retain any firearm, magazine, or ammunition longer than 180

days after notice has been provided to the owner that such items are available for return. At the

expiration of such period, the firearm, magazine, or ammunition may be processed for disposal in

accordance with applicable law (Penal Code § 33875).

802.6.6 DISPUTED CLAIMS TO PROPERTY

Occasionally more than one party may claim an interest in property being held by the Department,

and the legal rights of the parties cannot be clearly established. Such property shall not be released

until one party has obtained a valid court order or other undisputed right to the involved property.

All parties should be advised that their claims are civil and in extreme situations, legal counsel

for the Department may wish to file an interpleader to resolve the disputed claim (Code of Civil

Procedure § 386(b)).

802.6.7 CONTROL OF NARCOTICS AND DANGEROUS DRUGS

The Investigations Unit will be responsible for the storage, control and destruction of all narcotics

and dangerous drugs coming into the custody of this department, including paraphernalia as

described in Health and Safety Code § 11364.

802.6.8 RELEASE OF FIREARMS, MAGAZINES, AND AMMUNITION

The Department shall not return any firearm, magazine, or ammunition taken into custody to any

individual unless all requirements of Penal Code § 33855 are met.

802.6.9 RELEASE OF FIREARM IN DOMESTIC VIOLENCE MATTERS

Within five days of the expiration of a restraining order issued in a domestic violence matter

that required the relinquishment of a firearm, the Property Officer shall return the weapon to the

owner if the requirements of Penal Code § 33850 and Penal Code § 33855 are met unless the

firearm is determined to be stolen, evidence in a criminal investigation or the individual is otherwise

prohibited from possessing a firearm (Family Code § 6389(g); Penal Code § 33855).

802.6.10 RELEASE OF FIREARMS IN GUN VIOLENCE RESTRAINING ORDER MATTERS

Firearms and ammunition that were taken into temporary custody or surrendered pursuant to a

gun violence restraining order shall be returned to the restrained person upon the expiration of

the order and in accordance with the requirements of Penal Code § 33850 et seq. (Penal Code

§ 18120).

If the restrained person who owns the firearms or ammunition does not wish to have the firearm

or ammunition returned, he/she is entitled to sell or transfer title to a licensed dealer, provided that

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the firearms or ammunition are legal to own or possess and the restrained person has right to title

of the firearms or ammunition (Penal Code § 18120).

If a person other than the restrained person claims title to the firearms or ammunition surrendered

pursuant to Penal Code § 18120 and the Sonoma State University Police Department determines

him/her to be the lawful owner, the firearms or ammunition shall be returned in accordance with

the requirements of Penal Code § 33850 et seq. (Penal Code § 18120).

Firearms and ammunition that are not claimed are subject to the requirements of Penal Code §

34000.

802.6.11 RELEASE OF FIREARMS AND WEAPONS IN MENTAL ILLNESS MATTERS

Firearms and other deadly weapons confiscated from an individual detained for an evaluation by

a mental health professional or subject to the provisions of Welfare and Institutions Code § 8100

or Welfare and Institutions Code § 8103 shall be released or disposed of as follows:

(a) If a petition for a hearing regarding the return of a firearm or a weapon has been

initiated pursuant to Welfare and Institutions Code § 8102(c), the firearm or weapon

shall be released or disposed of as provided by an order of the court. If the court

orders a firearm returned, the firearm shall not be returned unless and until the person

presents valid identification and written notification from the California Department of

Justice (DOJ) that conforms to the provisions of Penal Code § 33865.

(b) If no petition has been initiated pursuant to Welfare and Institutions Code § 8102(c)

and the firearm or weapon is not retained as evidence, the Department shall make

the firearm or weapon available for return. No firearm will be returned unless and until

the person presents valid identification and written notification from the California DOJ

that conforms to the provisions of Penal Code § 33865.

(c) Unless the person contacts the Department to facilitate the sale or transfer of the

firearm to a licensed dealer pursuant to Penal Code § 33870, firearms not returned

should be sold, transferred, destroyed, or retained as provided in Welfare and

Institutions Code § 8102.

802.7 DISPOSITION OF PROPERTY

All property not held for evidence in a pending criminal investigation or proceeding, and held for

six months or longer where the owner has not been located or fails to claim the property, may be

disposed of in compliance with existing laws upon receipt of proper authorization for disposal. The

Property Officer shall request a disposition or status on all property which has been held in excess

of 120 days, and for which no disposition has been received from a supervisor or detective.

802.7.1 EXCEPTIONAL DISPOSITIONS

The following types of property shall be destroyed or disposed of in the manner, and at the time

prescribed by law, unless a different disposition is ordered by a court of competent jurisdiction:

•

Weapons declared by law to be nuisances (Penal Code § 29300; Penal Code § 18010;

Penal Code § 32750)

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•

Animals, birds, and related equipment that have been ordered forfeited by the court

(Penal Code § 599a)

•

Counterfeiting equipment (Penal Code § 480)

•

Gaming devices (Penal Code § 335a)

•

Obscene matter ordered to be destroyed by the court (Penal Code § 312)

•

Altered vehicles or component parts (Vehicle Code § 10751)

•

Narcotics (Health and Safety Code § 11474 et seq.)

•

Unclaimed, stolen, or embezzled property (Penal Code § 1411)

•

Destructive devices (Penal Code § 19000)

•

Sexual assault evidence (Penal Code § 680)

802.7.2 UNCLAIMED MONEY

If found or seized money is no longer required as evidence and remains unclaimed after three

years, the Department shall cause a notice to be published each week for a period of two

consecutive weeks in a local newspaper of general circulation (Government Code § 50050). Such

notice shall state the amount of money, the fund in which it is held and that the money will become

the property of the agency on a designated date not less than 45 days and not more than 60 days

after the first publication (Government Code § 50051).

Any individual item with a value of less than $15.00, or any amount if the depositor/owner's name

is unknown, which remains unclaimed for a year or by order of the court, may be transferred to

the general fund without the necessity of public notice (Government Code § 50055).

If the money remains unclaimed as of the date designated in the published notice, the money

will become the property of this department to fund official law enforcement operations. Money

representing restitution collected on behalf of victims shall either be deposited into the Restitution

Fund or used for purposes of victim services.

802.7.3 RETENTION OF BIOLOGICAL EVIDENCE

The Property and Evidence Section Supervisor shall ensure that no biological evidence held by the

Department is destroyed without adequate notification to the following persons, when applicable:

(a) The defendant

(b) The defendant’s attorney

(c) The appropriate prosecutor and Attorney General

(d) Any sexual assault victim

(e) The Investigation Section supervisor

Biological evidence shall be retained for either a minimum period that has been established by

law (Penal Code § 1417.9) or that has been established by the Property and Evidence Section

Supervisor, or until the expiration of any imposed sentence that is related to the evidence,

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whichever time period is greater. Following the retention period, notifications should be made

by certified mail and should inform the recipient that the evidence will be destroyed after a date

specified in the notice unless a motion seeking an order to retain the sample is filed and served on

the Department within 180 days of the date of the notification. A record of all certified mail receipts

shall be retained in the appropriate file. Any objection to, or motion regarding, the destruction of

the biological evidence should be retained in the appropriate file and a copy forwarded to the

Investigation Section supervisor.

Biological evidence related to a homicide shall be retained indefinitely and may only be destroyed

with the written approval of the Chief of Police and the head of the applicable prosecutor’s office.

Biological evidence or other crime scene evidence from an unsolved sexual assault should not be

disposed of prior to expiration of the statute of limitations and shall be retained as required in Penal

Code § 680. Even after expiration of an applicable statute of limitations, the Investigation Section

supervisor should be consulted and the sexual assault victim shall be notified at least 60 days

prior to the disposal (Penal Code § 680). Reasons for not analyzing biological evidence shall be

documented in writing (Penal Code § 680.3).

802.8 INSPECTIONS OF THE EVIDENCE ROOM

(a)

On a monthly basis, the supervisor of the evidence custodian shall make an inspection

of the evidence storage facilities and practices to ensure adherence to appropriate

policies and procedures.

(b)

Unannounced inspections of evidence storage areas shall be conducted annually as

directed by the Chief of Police.

(c)

An annual audit of evidence held by the Department shall be conducted by a

Lieutenant (as appointed by the Chief of Police) not routinely or directly connected

with evidence control.

(d)

Whenever a change is made in personnel who have access to the evidence room,

an inventory of all evidence/property shall be made by an individual not associated

to the property room or function to ensure that records are correct and all evidence

property is accounted for.

Policy

803

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Records Section

803.1 PURPOSE AND SCOPE

This policy establishes the guidelines for the operational functions of the Sonoma State University

Police Department Records Section. The policy addresses department file access and internal

requests for case reports.

803.2 POLICY

It is the policy of the Sonoma State University Police Department to maintain department records

securely, professionally, and efficiently.

803.3 RESPONSIBILITIES

803.3.1 LIEUTENANT

The Chief of Police shall appoint and delegate certain responsibilities to a Lieutenant. The

Lieutenant shall be directly responsible to the Administration Lieutenant or the authorized

designee.

The responsibilities of the Lieutenant include but are not limited to:

(a) Overseeing the efficient and effective operation of the Records Section.

(b) Scheduling and maintaining Records Section time records.

(c) Supervising, training, and evaluating Records Section staff.

(d) Maintaining and updating a Records Section procedure manual.

(e) Ensuring compliance with established policies and procedures.

(f) Supervising the access, use, and release of protected information (see the Protected

Information Policy).

(g) Establishing security and access protocols for case reports designated as sensitive,

where additional restrictions to access have been implemented. Sensitive reports may

include but are not limited to:

1. Homicides.

2. Cases involving department members or public officials.

3. Any case where restricted access is prudent.

803.3.2 RECORDS SECTION

The responsibilities of the Records Section include but are not limited to:

(a) Maintaining a records management system for case reports.

1. The records management system should include a process for numbering,

identifying, tracking, and retrieving case reports.

(b) Entering case report information into the records management system.

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1. Modification of case reports shall only be made when authorized by a supervisor.

(c) Providing members of the Department with access to case reports when needed for

investigation or court proceedings.

(d) Maintaining compliance with federal, state, and local regulations regarding reporting

requirements of crime statistics. This includes reporting statistical data to the California

Department of Justice (DOJ) for:

1. All officer-involved shootings and incidents involving use of force resulting in

serious bodily injury (Government Code § 12525.2).

2. Suspected hate crimes (Penal Code § 13023).

3. Complaints of racial bias against officers (Penal Code § 13012; Penal Code §

13020).

4. Civilian complaints made against officers (Penal Code § 832.5; Penal Code §

13012).

5. Stop data required by Government Code § 12525.5 and 11 CCR 999.226.

(a) The reported information must not contain personally identifiable

information of the person stopped or other information exempt from

disclosure pursuant to Government Code § 12525.5 (11 CCR 999.228).

(e) Maintaining compliance with federal, state, and local regulations regarding criminal

history reports and auditing.

(f) Identifying missing case reports and notifying the responsible member’s supervisor.

(g) Updating the Automated Firearms System to reflect any firearms relinquished to the

Department and the subsequent disposition to the DOJ pursuant to Penal Code §

34010 (Penal Code § 29810).

(h) Entering into the Automated Firearms System information about each firearm that

has been reported stolen, lost, found, recovered, held for safekeeping, or under

observation within seven calendar days of the precipitating event (Penal Code §

11108.2).

(i) Maintaining compliance with the state and DOJ reporting requirements regarding the

number of transfers of individuals to immigration authorities and offenses that allowed

for the transfers (Government Code § 7284.6(c)(2)).

(j) Transmitting data to the Joint Regional Information Exchange System on any

suspected multi-mission extremist crimes.

803.3.3 RECORDS SECTION PROCEDURE MANUAL

The Lieutenant should establish procedures that address:

(a) Identifying by name persons in reports.

(b) Classifying reports by type of incident or crime.

(c) Tracking reports through the approval process.

(d) Assigning alpha-numerical records to all arrest records.

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(e) Managing a warrant and wanted persons file.

803.4 FILE ACCESS AND SECURITY

The security of files in the Records Section must be a high priority and shall be maintained as

mandated by state or federal law. All case reports including but not limited to initial, supplemental,

follow-up, evidence, and any other reports related to a police department case, including field

interview (FI) cards, criminal history records, and publicly accessible logs, shall be maintained in

a secure area within the Records Section, accessible only by authorized members of the Records

Section. Access to case reports or files when Records Section staff is not available may be

obtained through the Watch Commander.

The Records Section will also maintain a secure file for case reports deemed by the Chief of Police

as sensitive or otherwise requiring extraordinary access restrictions.

803.5 ORIGINAL CASE REPORTS

Generally, original case reports shall not be removed from the Records Section. Should an original

case report be needed for any reason, the requesting department member shall first obtain

authorization from the Lieutenant. All original case reports removed from the Records Section

shall be recorded on a designated report check-out log, which shall be the only authorized manner

by which an original case report may be removed from the Records Section.

All original case reports to be removed from the Records Section shall be photocopied and the

photocopy retained in the file location of the original case report until the original is returned to

the Records Section. The photocopied report shall be shredded upon return of the original report

to the file.

803.6 CONFIDENTIALITY

Records Section staff has access to information that may be confidential or sensitive in nature.

Records Section staff shall not access, view, or distribute, or allow anyone else to access, view,

or distribute any record, file, or report, whether in hard copy or electronic file format, or any

other confidential, protected, or sensitive information except in accordance with the Records

Maintenance and Release and Protected Information policies and the Records Section procedure

manual.

803.7 DETERMINATION OF FACTUAL INNOCENCE

In any case where a person has been arrested by officers of the Sonoma State University

Police Department and no accusatory pleading has been filed, the person arrested may petition

the Department to destroy the related arrest records. Petitions should be forwarded to the

Administration Supervisor. The Administration Supervisor should promptly contact the prosecuting

attorney and request a written opinion as to whether the petitioner is factually innocent of the

charges (Penal Code § 851.8). Factual innocence means the accused person did not commit the

crime.

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Upon receipt of a written opinion from the prosecuting attorney affirming factual innocence, the

Administration Supervisor should forward the petition to the Investigations Unit Supervisor and the

CSU Legal Counsel for review. After such review and consultation with the CSU Legal Counsel,

the Investigations Unit Supervisor and the Administration Supervisor shall decide whether a finding

of factual innocence is appropriate.

Upon determination that a finding of factual innocence is appropriate, the Administration

Supervisor shall ensure that the arrest record and petition are sealed for later destruction and the

required notifications are made to the California DOJ and other law enforcement agencies (Penal

Code § 851.8).

The Administration Supervisor should respond to a petition with the Department’s decision within

45 days of receipt. Responses should include only the decision of the Department, not an

explanation of the analysis leading to the decision.

803.8 ARREST WITHOUT FILING OF ACCUSATORY PLEADING

The Patrol Lieutenant should ensure a process is in place for when an individual is arrested and

released and no accusatory pleading is filed so that the following occurs (Penal Code § 849.5;

Penal Code § 851.6):

(a) The individual is issued a certificate describing the action as a detention.

(b) All references to an arrest are deleted from the arrest records of the Department and

the record reflects only a detention.

(c) The California DOJ is notified.

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Restoration of Firearm Serial Numbers

804.1 PURPOSE AND SCOPE

The primary purpose for restoring firearm serial numbers is to determine the prior owners or

origin of the item from which the number has been recovered. Thus, property can be returned to

rightful owners or investigations can be initiated to curb illegal trade of contraband firearms. The

purpose of this plan is to develop standards, methodologies, and safety protocols for the recovery

of obliterated serial numbers from firearms and other objects using procedures that are accepted

as industry standards in the forensic community. All personnel who are involved in the restoration

of serial numbers will observe the following guidelines. This policy complies with Penal Code §

11108.9.

804.2 PROCEDURE

Any firearm coming into the possession of the Sonoma State University Police Department as

evidence, found property, etc., where the serial numbers have been removed or obliterated will

be processed in the following manner:

804.2.1 PRELIMINARY FIREARM EXAMINATION

(a) Always keep the muzzle pointed in a safe direction. Be sure the firearm is in

an unloaded condition. This includes removal of the ammunition source (e.g., the

detachable magazine, contents of the tubular magazine) as well as the chamber

contents.

(b) If the firearm is corroded shut or in a condition that would preclude inspection of the

chamber contents, treat the firearm as if it is loaded. Make immediate arrangements

for a firearms examiner or other qualified examiner to render the firearm safe.

(c) Accurately record/document the condition of the gun when received. Note the positions

of the various components such as the safeties, cylinder, magazine, slide, hammer,

etc. Accurately record/document cylinder chamber and magazine contents. Package

the ammunition separately.

(d) If the firearm is to be processed for fingerprints or trace evidence, process before

the serial number restoration is attempted. First record/document important aspects

such as halos on the revolver cylinder face or other relevant evidence that might be

obscured by the fingerprinting chemicals.

804.2.2 PROPERTY BOOKING PROCEDURE

Any employee taking possession of a firearm with removed/obliterated serial numbers shall book

the firearm into property following standard procedures. The employee booking the firearm shall

indicate on the property form that serial numbers have been removed or obliterated.

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804.2.3 OFFICER RESPONSIBILITY

The Property Officer receiving a firearm when the serial numbers have been removed or

obliterated shall arrange for the firearm to be transported to the crime lab for restoration and

maintain the chain of evidence.

804.2.4 DOCUMENTATION

Case reports are prepared in order to document the chain of custody and the initial examination

and handling of evidence from the time it is received/collected until it is released.

This report must include a record of the manner in which and/or from whom the firearm was

received. This may appear on the request form or property form depending on the type of evidence.

804.2.5 FIREARM TRACE

After the serial number has been restored (or partially restored) by the criminalistics laboratory,

the Property Officer will complete a Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF)

National Tracing Center (NTC) Obliterated Serial Number Trace Request Form (ATF 3312.1-OBL)

and forward the form to the NTC in Falling Waters, West Virginia or enter the data into the ATF

eTrace system.

804.3 BULLET AND CASING IDENTIFICATION

Exemplar bullets and cartridge cases from the firearm, depending upon acceptance criteria

and protocol, may be submitted to the Bureau of Alcohol, Tobacco, Firearms and Explosives

(ATF) National Integrated Ballistic Information Network (NIBIN) which uses the Integrated Ballistic

Identification System (IBIS) technology to search the national database and compare with ballistic

evidence recovered from other crime scenes.

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Records Maintenance and Release

805.1 PURPOSE AND SCOPE

This policy provides guidance on the maintenance and release of department records. Protected

information is separately covered in the Protected Information Policy.

805.2 POLICY

The Sonoma State University Police Department is committed to providing public access to

records in a manner that is consistent with the California Public Records Act (Government Code

§ 6250 et seq.).

805.3 CUSTODIAN OF RECORDS RESPONSIBILITIES

The_Chief of Police shall designate a Custodian of Records. The responsibilities of the Custodian

of Records include but are not limited to:

(a) Managing the records management system for the Department, including the

retention, archiving, release, and destruction of department public records.

(b) Maintaining and updating the department records retention schedule including:

1. Identifying the minimum length of time the Department must keep records.

2. Identifying the department section responsible for the original record.

(c) Establishing rules regarding the inspection and copying of department public records

as reasonably necessary for the protection of such records (Government Code §

6253).

(d) Identifying records or portions of records that are confidential under state or federal

law and not open for inspection or copying.

(e) Establishing rules regarding the processing of subpoenas for the production of

records.

(f) Ensuring a current schedule of fees for public records as allowed by law is available

(Government Code § 6253).

(g) Determining how the department's website may be used to post public records in

accordance with Government Code § 6253.

(h) Ensuring that all department current standards, policies, practices, operating

procedures, and education and training materials are posted on the department

website in accordance with Penal Code § 13650.

(i) Ensuring that public records posted on the Department website meet the requirements

of Government Code § 6253.10 including but not limited to posting in an open format

where a record may be retrieved, downloaded, indexed, and searched by a commonly

used internet search application.

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(j) Ensuring that a list and description, when applicable, of enterprise systems (as defined

by Government Code § 6270.5) is publicly available upon request and posted in a

prominent location on the Department’s website.

805.4 PROCESSING REQUESTS FOR PUBLIC RECORDS

Any department member who receives a request for any record shall route the request to the

Custodian of Records or the authorized designee.

805.4.1 REQUESTS FOR RECORDS

Any member of the public, including the media and elected officials, may access unrestricted

records of this department, during regular business hours by submitting a written and signed

request that reasonably describes each record sought and paying any associated fees

(Government Code § 6253).

The processing of requests for any record is subject to the following (Government Code § 6253):

(a) The Department is not required to create records that do not exist.

(b) Victims of an incident or their authorized representative shall not be required to

show proof of legal presence in the United States to obtain department records or

information. If identification is required, a current driver’s license or identification card

issued by any state in the United States, a current passport issued by the United States

or a foreign government with which the United States has a diplomatic relationship or

current Matricula Consular card is acceptable (Government Code § 6254.30).

(c) Either the requested record or the reason for non-disclosure will be provided promptly,

but no later than 10 days from the date of request, unless unusual circumstances

preclude doing so. If more time is needed, an extension of up to 14 additional days may

be authorized by the Custodian of Records or the authorized designee. If an extension

is authorized, the Department shall provide the requester written notice that includes

the reason for the extension and the anticipated date of the response.

1. When the request does not reasonably describe the records sought, the

Custodian of Records shall assist the requester in making the request focused

and effective in a way to identify the records or information that would be

responsive to the request including providing assistance for overcoming any

practical basis for denying access to the records or information. The Custodian of

Records shall also assist in describing the information technology and physical

location in which the record exists (Government Code § 6253.1).

2. If the record requested is available on the department website, the requester

may be directed to the location on the website where the record is posted. If the

requester is unable to access or reproduce the record, a copy of the record shall

be promptly provided.

(d) Upon request, a record shall be provided in an electronic format utilized by

the Department. Records shall not be provided only in electronic format unless

specifically requested (Government Code § 6253.9).

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(e) When a record contains material with release restrictions and material that is not

subject to release restrictions, the restricted material shall be redacted and the

unrestricted material released.

1. A copy of the redacted release should be maintained in the case file for proof

of what was actually released and as a place to document the reasons for

the redactions. If the record is audio or video, a copy of the redacted audio/

video release should be maintained in the department-approved media storage

system and a notation should be made in the case file to document the release

and the reasons for the redacted portions.

(f) If a record request is denied in whole or part, the requester shall be provided a written

response that includes the statutory exemption for withholding the record or facts that

the public interest served by nondisclosure outweighs the interest served by disclosure

(Government Code § 6255). The written response shall also include the names, titles

or positions of each person responsible for the denial.

805.5 RELEASE RESTRICTIONS

Examples of release restrictions include:

(a) Personal identifying information, including an individual’s photograph; Social Security

and driver identification numbers; name, address, and telephone number; and medical

or disability information that is contained in any driver license record, motor vehicle

record, or any department record including traffic collision reports, are restricted except

as authorized by the Department, and only when such use or disclosure is permitted

or required by law to carry out a legitimate law enforcement purpose (18 USC § 2721;

18 USC § 2722).

(b) Social Security numbers (Government Code § 6254.29).

(c) Personnel records, medical records, and similar records which would involve an

unwarranted invasion of personal privacy except as allowed by law (Government Code

§ 6254; Penal Code § 832.7; Penal Code § 832.8; Evidence Code § 1043 et seq.).

1. Peace officer personnel records that are deemed confidential shall not be made

public or otherwise released to unauthorized individuals or entities absent a valid

court order.

2. The identity of any officer subject to any criminal or administrative investigation

shall not be released without the consent of the involved officer, prior approval

of the Chief of Police, or as required by law.

(d) Victim information that may be protected by statutes, including victims of certain crimes

who have requested that their identifying information be kept confidential, victims who

are minors, and victims of certain offenses (e.g., sex crimes or human trafficking,

Penal Code § 293). Addresses and telephone numbers of a victim or a witness to any

arrested person or to any person who may be a defendant in a criminal action shall

not be disclosed, unless it is required by law (Government Code § 6254; Penal Code

§ 841.5).

1. Victims of certain offenses (e.g., domestic violence, sexual

assault, stalking, human trafficking, elder and dependent adult abuse) or their

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representatives shall be provided, upon request and without charge, one copy of

all incident report face sheets, one copy of all incident reports, or both, pursuant

to the requirements and time frames of Family Code § 6228.

2. Victims of sexual assault, upon written request, shall be provided a free copy

of the initial crime report regardless of whether the report has been closed.

Personal identifying information may be redacted (Penal Code § 680.2(b)).

(e) Video or audio recordings created during the commission or investigation of the crime

of rape, incest, sexual assault, domestic violence, or child abuse that depicts the

face, intimate body part, or voice of a victim of the incident except as provided by

Government Code § 6254.4.5.

(f) Information involving confidential informants, intelligence information, information that

would endanger the safety of any person involved, or information that would endanger

the successful completion of the investigation or a related investigation. This includes

analysis and conclusions of investigating officers (Evidence Code § 1041; Government

Code § 6254).

1. Absent a statutory exemption to the contrary or other lawful reason to deem

information from reports confidential, information from unrestricted agency

reports shall be made public as outlined in Government Code § 6254(f).

(g) Local criminal history information including but not limited to arrest history and

disposition, and fingerprints shall only be subject to release to those agencies and

individuals set forth in Penal Code § 13300.

1. All requests from criminal defendants and their authorized representatives

(including attorneys) shall be referred to the District Attorney, CSU Legal

Counsel, or the courts pursuant to Penal Code § 1054.5.

(h) Certain types of reports involving but not limited to child abuse and molestation (Penal

Code § 11167.5), elder and dependent abuse (Welfare and Institutions Code § 15633),

and juveniles (Welfare and Institutions Code § 827).

(i) Sealed autopsy and private medical information concerning a murdered child with

the exceptions that allow dissemination of those reports to law enforcement agents,

prosecutors, defendants, or civil litigants under state and federal discovery laws (Code

of Civil Procedure §130).

(j) Information contained in applications for licenses to carry firearms or other files that

indicates when or where the applicant is vulnerable or which contains medical or

psychological information (Government Code § 6254).

(k) Traffic collision reports (and related supplemental reports) shall be considered

confidential and subject to release only to the California Highway Patrol, Department

of Motor Vehicles (DMV), other law enforcement agencies, and those individuals and

their authorized representatives set forth in Vehicle Code § 20012.

(l) Any record created exclusively in anticipation of potential litigation involving this

department (Government Code § 6254).

(m) Any memorandum from legal counsel until the pending litigation has been adjudicated

or otherwise settled (Government Code § 6254.25).

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(n) Records relating to the security of the department’s electronic technology systems

(Government Code § 6254.19).

(o) A record of a civilian complaint, or the investigations, findings, or dispositions of that

complaint if the complaint is frivolous, as defined by Code of Civil Procedure § 128.5,

or if the complaint is unfounded (Penal Code § 832.7 (b)(8)).

(p) Any other record not addressed in this policy shall not be subject to release where

such record is exempt or prohibited from disclosure pursuant to state or federal

law, including but not limited to provisions of the Evidence Code relating to privilege

(Government Code § 6254).

(q) Information connected with juvenile court proceedings or the detention or custody of

a juvenile. Federal officials may be required to obtain a court order to obtain certain

juvenile information (Welfare and Institutions Code § 827.9; Welfare and Institutions

Code § 827.95; Welfare and Institutions Code § 831).

805.6 RELEASE OF AUDIO OR VIDEO RECORDINGS RELATED TO CRITICAL

INCIDENTS

Video and audio recordings related to critical incidents shall be released upon a proper public

record request and subject to delayed release, redaction, and other release restrictions as

provided by law (Government Code § 6254(f)(4)).

For purposes of this section, a video or audio recording relates to a critical incident if it depicts

an incident involving the discharge of a firearm at a person by an officer, or depicts an incident in

which the use of force by an officer against a person resulted in death or in great bodily injury (as

defined by Penal Code § 243(f)(4)) (Government Code § 6254(f)(4)).

The Custodian of Records should work as appropriate with the Chief of Police or the Chief of Police

or designee supervisor in determining what recordings may qualify for disclosure when a request

for a recording is received and if the requested recording is subject to delay from disclosure,

redaction, or other release restrictions.

805.6.1 DELAY OF RELEASE

Disclosure of critical incident recordings during active criminal or administrative investigations may

be delayed as follows if disclosure would substantially interfere with the investigation, such as by

endangering the safety of a witness or a confidential source:

(a) Disclosure may be delayed up to 45 days from the date the Department knew or

reasonably should have known about the incident.

(b) Delay of disclosure may continue after the initial 45 days and up to one year if

the Department demonstrates that disclosure would substantially interfere with the

investigation.

(c) Any delay of disclosure longer than one year must be supported by clear and

convincing evidence that disclosure would substantially interfere with the investigation

(Government Code § 6254(f)(4)).

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805.6.2 NOTICE OF DELAY OF RELEASE

When there is justification to delay disclosure of a recording, the Custodian of Records shall

provide written notice to the requester as follows (Government Code § 6254(f)(4)):

(a) During the initial 45 days, the Custodian of Records shall provide the requester

with written notice of the specific basis for the determination that disclosure would

substantially interfere with the investigation. The notice shall also include the estimated

date for the disclosure.

(b) When delay is continued after the initial 45 days, the Custodian of Records shall

promptly provide the requester with written notice of the specific basis for the

determination that the interest in preventing interference with an active investigation

outweighs the public interest in the disclosure, and the estimated date for the

disclosure. The Custodian of Records should work with the Chief of Police in

reassessing the decision to continue withholding a recording and notify the requester

every 30 days.

Recordings withheld shall be disclosed promptly when the specific basis for withholding the

recording is resolved.

805.6.3 REDACTION

If the Custodian of Records, in consultation with the Chief of Police or authorized designee,

determines that specific portions of the recording may violate the reasonable expectation of

privacy of a person depicted in the recording, the Department should use redaction technology

to redact portions of recordings made available for release. The redaction should not interfere

with the viewer's ability to fully, completely, and accurately comprehend the events captured in

the recording, and the recording should not otherwise be edited or altered (Government Code §

6254(f)(4)).

If any portions of a recording are withheld to protect the reasonable expectation of privacy of a

person depicted in the recording, the Custodian of Records shall provide in writing to the requester

the specific basis for the expectation of privacy and the public interest served (Government Code

§ 6254(f)(4)).

805.6.4 RECORDINGS WITHHELD FROM PUBLIC DISCLOSURE

If the reasonable expectation of privacy of a person depicted in the recording cannot adequately

be protected through redaction, and that interest outweighs the public interest in disclosure, the

Department may withhold the recording from the public, except that the recording, either redacted

or unredacted, shall be disclosed promptly, upon request, to any of the following (Government

Code § 6254(f)(4)):

(a) The person in the recording whose privacy is to be protected, or his/her authorized

representative.

(b) If the person is a minor, the parent or legal guardian of the person whose privacy is

to be protected.

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(c) If the person whose privacy is to be protected is deceased, an heir, beneficiary,

designated immediate family member, or authorized legal representative of the

deceased person whose privacy is to be protected.

If the Department determines that this disclosure would substantially interfere with an active

criminal or administrative investigation, the Custodian of Records shall provide the requester with

written notice of the specific basis for the determination and the estimated date of disclosure

(Government Code § 6254(f)(4)).

The Department may continue to delay release of the recording from the public for 45 days with

extensions as provided in this policy (Government Code § 6254(f)(4)(A)).

805.7 SUBPOENAS AND DISCOVERY REQUESTS

Any member who receives a subpoena duces tecum or discovery request for records should

promptly contact a supervisor and the Custodian of Records for review and processing. While a

subpoena duces tecum may ultimately be subject to compliance, it is not an order from the court

that will automatically require the release of the requested information.

Generally, discovery requests and subpoenas from criminal defendants and their authorized

representatives (including attorneys) should be referred to the District Attorney, CSU Legal

Counsel or the courts.

All questions regarding compliance with any subpoena duces tecum or discovery request should

be promptly referred to legal counsel for the Department so that a timely response can be

prepared.

805.8 RELEASED RECORDS TO BE MARKED

Each page of any written record released pursuant to this policy should be stamped in a colored

ink or otherwise marked to indicate the department name and to whom the record was released.

Each audio/video recording released should include the department name and to whom the record

was released.

805.9 SEALED RECORD ORDERS

Sealed record orders received by the Department shall be reviewed for appropriate action by

the Custodian of Records. The Custodian of Records shall seal such records as ordered by the

court. Records may include but are not limited to a record of arrest, investigation, detention, or

conviction. Once the record is sealed, members shall respond to any inquiry as though the record

did not exist (Penal Code § 851.8; Welfare and Institutions Code § 781).

When an arrest record is sealed pursuant to Penal Code § 851.87, Penal Code § 851.90, Penal

Code § 851.91, Penal Code § 1000.4, or Penal Code § 1001.9, the Lieutenant shall ensure that the

required notations on local summary criminal history information and police investigative reports

are made. Sealed records may be disclosed or used as authorized by Penal Code § 851.92.

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805.9.1 SEALED JUVENILE ARREST RECORDS

Upon receiving notice from a probation department to seal juvenile arrest records pursuant to

Welfare and Institutions Code § 786.5, the Lieutenant should ensure that the records are sealed

within 60 days of that notice and that the probation department is notified once the records have

been sealed (Welfare and Institutions Code § 786.5).

805.10 SECURITY BREACHES

The Lieutenant shall ensure notice is given anytime there is a reasonable belief an unauthorized

person has acquired either unencrypted personal identifying information or encrypted personal

information along with the encryption key or security credential stored in any Department

information system (Civil Code § 1798.29).

Notice shall be given as soon as reasonably practicable to all individuals whose information may

have been acquired. The notification may be delayed if the Department determines that notification

will impede a criminal investigation or any measures necessary to determine the scope of the

breach and restore the reasonable integrity of the data system.

For the purposes of this requirement, personal identifying information includes an individual’s first

name or first initial and last name in combination with any one or more of the following:

•

Social Security number

•

Driver license number, California identification card number, tax identification number,

passport number, military identification number, or other unique identification number

issued on a government document commonly used to verify the identity of a specific

individual

•

Account number or credit or debit card number, in combination with any required

security code, access code or password that would permit access to an individual’s

financial account

•

Medical information

•

Health insurance information

•

A username or email address, in combination with a password or security question

and answer that permits access to an online account

•

Information or data collected by Automated License Plate Reader (ALPR) technology

•

Unique biometric data

805.10.1 FORM OF NOTICE

(a) The notice shall be written in plain language, be consistent with the format provided

in Civil Code § 1798.29 and include, to the extent possible, the following:

1. The date of the notice.

2. Name and contact information for the Sonoma State University Police

Department.

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3. A list of the types of personal information that were or are reasonably believed

to have been acquired.

4. The estimated date or date range within which the security breach occurred.

5. Whether the notification was delayed as a result of a law enforcement

investigation.

6. A general description of the security breach.

7. The toll-free telephone numbers and addresses of the major credit reporting

agencies, if the breach exposed a Social Security number or a driver license or

California identification card number.

(b) The notice may also include information about what the Sonoma State University

Police Department has done to protect individuals whose information has been

breached and may include information on steps that the person whose information

has been breached may take to protect him/herself (Civil Code § 1798.29).

(c) When a breach involves an online account, and only a username or email address in

combination with either a password or security question and answer that would permit

access to an online account, and no other personal information has been breached

(Civil Code § 1798.29):

1. Notification may be provided electronically or in another form directing the

person to promptly change either his/her password or security question and

answer, as applicable, or to take other appropriate steps to protect the online

account with the Department in addition to any other online accounts for which

the person uses the same username or email address and password or security

question and answer.

2. When the breach involves an email address that was furnished by the Sonoma

State University Police Department, notification of the breach should not be

sent to that email address but should instead be made by another appropriate

medium as prescribed by Civil Code § 1798.29.

805.10.2 MANNER OF NOTICE

(a) Notice may be provided by one of the following methods (Civil Code § 1798.29):

1. Written notice.

2. Electronic notice if the notice provided is consistent with the provisions regarding

electronic records and signatures set forth in 15 USC § 7001.

3. Substitute notice if the cost of providing notice would exceed $250,000, the

number of individuals exceeds 500,000 or the Department does not have

sufficient contact information. Substitute notice shall consist of all of the

following:

(a) Email notice when the Department has an email address for the subject

person.

(b) Conspicuous posting of the notice on the department’s webpage for a

minimum of 30 days.

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4. Notification to major statewide media and the California Information Security

Office within the California Department of Technology.

(b) If a single breach requires the Department to notify more than 500 California residents,

the Department shall electronically submit a sample copy of the notification, excluding

any personally identifiable information, to the Attorney General.

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Protected Information

806.1 PURPOSE AND SCOPE

The purpose of this policy is to provide guidelines for the access, transmission, release and

security of protected information by members of the Sonoma State University Police Department.

This policy addresses the protected information that is used in the day-to-day operation of the

Department and not the public records information covered in the Records Maintenance and

Release Policy.

806.1.1 DEFINITIONS

Definitions related to this policy include:

Protected information - Any information or data that is collected, stored or accessed by members

of the Sonoma State University Police Department and is subject to any access or release

restrictions imposed by law, regulation, order or use agreement. This includes all information

contained in federal, state or local law enforcement databases that is not accessible to the public.

806.2 POLICY

Members of the Sonoma State University Police Department will adhere to all applicable laws,

orders, regulations, use agreements and training related to the access, use, dissemination and

release of protected information.

806.3 RESPONSIBILITIES

The Chief of Police shall select a member of the Department to coordinate the use of protected

information.

The responsibilities of this position include, but are not limited to:

(a) Ensuring member compliance with this policy and with requirements applicable to

protected information, including requirements for the National Crime Information

Center (NCIC) system, National Law Enforcement Telecommunications System

(NLETS), Department of Motor Vehicle (DMV) records and California Law

Enforcement Telecommunications System (CLETS).

(b) Developing, disseminating and maintaining procedures that adopt or comply with the

U.S. Department of Justice’s current Criminal Justice Information Services (CJIS)

Security Policy.

(c) Developing, disseminating and maintaining any other procedures necessary to comply

with any other requirements for the access, use, dissemination, release and security

of protected information.

(d) Developing procedures to ensure training and certification requirements are met.

(e) Resolving specific questions that arise regarding authorized recipients of protected

information.

(f) Ensuring security practices and procedures are in place to comply with requirements

applicable to protected information.

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806.4 ACCESS TO PROTECTED INFORMATION

Protected information shall not be accessed in violation of any law, order, regulation, user

agreement, Sonoma State University Police Department policy or training. Only those members

who have completed applicable training and met any applicable requirements, such as a

background check, may access protected information, and only when the member has a legitimate

work-related reason for such access.

Unauthorized access, including access for other than a legitimate work-related purpose, is

prohibited and may subject a member to administrative action pursuant to the Personnel

Complaints Policy and/or criminal prosecution.

806.4.1 PENALTIES FOR MISUSE OF RECORDS

It is a misdemeanor to furnish, buy, receive or possess Department of Justice criminal history

information without authorization by law (Penal Code § 11143).

Authorized persons or agencies violating state regulations regarding the security of Criminal

Offender Record Information (CORI) maintained by the California Department of Justice may lose

direct access to CORI (11 CCR 702).

806.5 RELEASE OR DISSEMINATION OF PROTECTED INFORMATION

Protected information may be released only to authorized recipients who have both a right to know

and a need to know.

A member who is asked to release protected information that should not be released should

refer the requesting person to a supervisor or to the Lieutenant for information regarding a formal

request.

Unless otherwise ordered or when an investigation would be jeopardized, protected information

maintained by the Department may generally be shared with authorized persons from other law

enforcement agencies who are assisting in the investigation or conducting a related investigation.

Any such information should be released through the Records Section to ensure proper

documentation of the release (see the Records Maintenance and Release Policy).

806.5.1 TRANSMISSION GUIDELINES

Protected information, such as restricted Criminal Justice Information (CJI), which includes

Criminal History Record Information (CHRI), should not be transmitted via unencrypted radio.

When circumstances reasonably indicate that the immediate safety of officers, other department

members, or the public is at risk, only summary information may be transmitted.

In cases where the transmission of protected information, such as Personally Identifiable

Information, is necessary to accomplish a legitimate law enforcement purpose, and utilization of

an encrypted radio channel is infeasible, a MDC or department-issued cellular telephone should

be utilized when practicable. If neither are available, unencrypted radio transmissions shall be

subject to the following:

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•

Elements of protected information should be broken up into multiple transmissions,

to minimally separate an individual’s combined last name and any identifying number

associated with the individual, from either first name or first initial.

•

Additional information regarding the individual, including date of birth, home address,

or physical descriptors, should be relayed in separate transmissions.

Nothing in this policy is intended to prohibit broadcasting warrant information.

806.5.2 REVIEW OF CRIMINAL OFFENDER RECORD

Individuals requesting to review their own California criminal history information shall be referred

to the Department of Justice (Penal Code § 11121).

Individuals shall be allowed to review their arrest or conviction record on file with the Department

after complying with all legal requirements regarding authority and procedures in Penal Code §

11120 through Penal Code § 11127 (Penal Code § 13321).

806.6 CALIFORNIA RELIGIOUS FREEDOM ACT

Members shall not release personal information from any agency database for the purpose of

investigation or enforcement of any program compiling data on individuals based on religious

belief, practice, affiliation, national origin or ethnicity (Government Code § 8310.3).

806.7 SECURITY OF PROTECTED INFORMATION

The Chief of Police will select a member of the Department to oversee the security of protected

information.

The responsibilities of this position include, but are not limited to:

(a)

Developing and maintaining security practices, procedures and training.

(b)

Ensuring federal and state compliance with the CJIS Security Policy and the

requirements of any state or local criminal history records systems.

(c)

Establishing procedures to provide for the preparation, prevention, detection, analysis

and containment of security incidents including computer attacks.

(d)

Tracking, documenting and reporting all breach of security incidents to the Chief of

Police and appropriate authorities.

806.7.1 MEMBER RESPONSIBILITIES

Members accessing or receiving protected information shall ensure the information is not

accessed or received by persons who are not authorized to access or receive it. This includes

leaving protected information, such as documents or computer databases, accessible to others

when it is reasonably foreseeable that unauthorized access may occur (e.g., on an unattended

table or desk; in or on an unattended vehicle; in an unlocked desk drawer or file cabinet; on an

unattended computer terminal).

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806.8 TRAINING

All members authorized to access or release protected information shall complete a training

program that complies with any protected information system requirements and identifies

authorized access and use of protected information, as well as its proper handling and

dissemination.

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Computers and Digital Evidence

807.1 PURPOSE AND SCOPE

This policy establishes procedures for the seizure and storage of computers, personal

communications devices (PCDs) digital cameras, digital recorders and other electronic devices

that are capable of storing digital information; and for the preservation and storage of digital

evidence. All evidence seized and/or processed pursuant to this policy shall be done so in

compliance with clearly established Fourth Amendment and search and seizure provisions.

807.2 SEIZING COMPUTERS AND RELATED EVIDENCE

Computer equipment requires specialized training and handling to preserve its value as evidence.

Officers should be aware of the potential to destroy information through careless or improper

handling, and utilize the most knowledgeable available resources. When seizing a computer and

accessories the following steps should be taken:

(a)

Photograph each item, front and back, specifically including cable connections to other

items. Look for a phone line or cable to a modem for Internet access.

(b)

Do not overlook the possibility of the presence of physical evidence on and around

the hardware relevant to the particular investigation such as fingerprints, biological or

trace evidence, and/or documents.

(c)

If the computer is off, do not turn it on.

(d)

If the computer is on, do not shut it down normally and do not click on anything or

examine any files.

1.

Photograph the screen, if possible, and note any programs or windows that

appear to be open and running.

2.

Disconnect the power cable from the back of the computer box or if a portable

notebook style, disconnect any power cable from the case and remove the

battery).

(e)

Label each item with case number, evidence sheet number, and item number.

(f)

Handle and transport the computer and storage media (e.g., tape, discs, memory

cards, flash memory, external drives) with care so that potential evidence is not lost.

(g)

Lodge all computer items in the Property Room. Do not store computers where normal

room temperature and humidity is not maintained.

(h)

At minimum, officers should document the following in related reports:

1.

Where the computer was located and whether or not it was in operation.

2.

Who was using it at the time.

3.

Who claimed ownership.

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4.

If it can be determined, how it was being used.

(i)

In most cases when a computer is involved in criminal acts and is in the possession of

the suspect, the computer itself and all storage devices (hard drives, tape drives, and

disk drives) should be seized along with all media. Accessories (printers, monitors,

mouse, scanner, keyboard, cables, software and manuals) should not be seized

unless as a precursor to forfeiture.

807.2.1 BUSINESS OR NETWORKED COMPUTERS

If the computer belongs to a business or is part of a network, it may not be feasible to seize the

entire computer. Cases involving networks require specialized handling. Officers should contact a

certified forensic computer examiner for instructions or a response to the scene. It may be possible

to perform an on-site inspection, or to image the hard drive only of the involved computer. This

should only be done by someone specifically trained in processing computers for evidence.

807.2.2 FORENSIC EXAMINATION OF COMPUTERS

If an examination of the contents of the computer’s hard drive, or floppy disks, compact discs, or

any other storage media is required, forward the following items to a computer forensic examiner:

(a)

Copy of report(s) involving the computer, including the Evidence/Property sheet.

(b)

Copy of a consent to search form signed by the computer owner or the person in

possession of the computer, or a copy of a search warrant authorizing the search of

the computer hard drive for evidence relating to investigation.

(c)

A listing of the items to search for (e.g., photographs, financial records, e-mail,

documents).

(d)

An exact duplicate of the hard drive or disk will be made using a forensic computer

and a forensic software program by someone trained in the examination of computer

storage devices for evidence.

807.3 SEIZING DIGITAL STORAGE MEDIA

Digital storage media including hard drives, floppy discs, CD’s, DVD’s, tapes, memory cards, or

flash memory devices should be seized and stored in a manner that will protect them from damage.

(a)

If the media has a write-protection tab or switch, it should be activated.

(b)

Do not review, access or open digital files prior to submission. If the information is

needed for immediate investigation request the Property and Evidence Section to copy

the contents to an appropriate form of storage media.

(c)

Many kinds of storage media can be erased or damaged by magnetic fields. Keep

all media away from magnetic devices, electric motors, radio transmitters or other

sources of magnetic fields.

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(d)

Do not leave storage media where they would be subject to excessive heat such as

in a parked vehicle on a hot day.

(e)

Use plastic cases designed to protect the media, or other protective packaging, to

prevent damage.

807.4 SEIZING PCDS

Personal communication devices such as cell phones, PDAs or other hand-held devices

connected to any communication network must be handled with care to preserve evidence that

may be on the device including messages, stored data and/or images.

(a)

Officers should not attempt to access, review or search the contents of such devices

prior to examination by a forensic expert. Unsent messages can be lost, data can be

inadvertently deleted and incoming messages can override stored messages.

(b)

Do not turn the device on or off. The device should be placed in a solid metal container

such as a paint can or in a faraday bag, to prevent the device from sending or receiving

information from its host network.

(c)

When seizing the devices, also seize the charging units and keep them plugged in

to the chargers until they can be examined. If the batteries go dead all the data may

be lost.

807.5 DIGITAL EVIDENCE RECORDED BY OFFICERS

Officers handling and submitting recorded and digitally stored evidence from digital cameras and

audio or video recorders will comply with these procedures to ensure the integrity and admissibility

of such evidence.

807.5.1 COLLECTION OF DIGITAL EVIDENCE

Once evidence is recorded it shall not be erased, deleted or altered in any way prior to submission.

All photographs taken will be preserved regardless of quality, composition or relevance. Video

and audio files will not be altered in any way.

807.5.2 SUBMISSION OF DIGITAL MEDIA

The following are required procedures for the submission of digital media used by cameras or

other recorders:

(a)

The recording media (smart card, compact flash card or any other media) shall be

brought to the Property and Evidence Section as soon as possible for submission into

evidence.

(b)

Officers are not authorized to review or copy memory cards. The evidence technicians

are the only employees authorized to copy and/or distribute digital media made from

the memory cards.

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(c)

As soon as possible following the collection of evidence, the camera operator is to

remove the memory card from their digital camera and place the card into a plastic

carrier. The card and carrier are then to be placed into a zip-lock type baggie. The

camera operator shall write their name and the related case number on the outside of

the baggie before placing in the film drop box along with the evidence form.

(d)

Evidence technicians will make a copy of the memory card using appropriate storage

media. Once they have verified that the images properly transferred to the storage

media, the technicians will erase the memory card for re-use. The storage media will

be marked as the original.

(e)

Officers requiring a copy of the digital files must request a copy on the evidence form

when submitted to evidence.

807.5.3 DOWNLOADING OF DIGITAL FILES

Digital information such as video or audio files recorded on devices using internal memory must

be downloaded to storage media. The following procedures are to be followed:

(a)

Files should not be opened or reviewed prior to downloading and storage.

(b)

Where possible, the device should be connected to a computer and the files accessed

directly from the computer directory or downloaded to a folder on the host computer

for copying to the storage media.

807.5.4 PRESERVATION OF DIGITAL EVIDENCE

(a)

Only evidence technicians are authorized to copy original digital media that is held

as evidence. The original digital media shall remain in evidence and shall remain

unaltered.

(b)

Digital images that are enhanced to provide a better quality photograph for

identification and investigative purposes must only be made from a copy of the original

media.

(c)

If any enhancement is done to the copy of the original, it shall be noted in the

corresponding incident report.

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Animal Control

807.1 PURPOSE AND SCOPE

The purpose of this policy is to establish guidelines for interacting with animals and responding

to calls for service that involve animals.

807.2 POLICY

It is the policy of the Sonoma State University Police Department to be responsive to the needs

of the community regarding animal-related issues. This includes enforcing local, state and federal

laws relating to animals and appropriately resolving or referring animal-related problems, as

outlined in this policy.

807.3 ANIMAL CONTROL RESPONSIBILITIES

Animal control services are generally the primary responsibility of Animal Control and include:

(a) Animal-related matters during periods when Animal Control is available.

(b) Ongoing or persistent animal nuisance complaints. Such complaints may be

scheduled, if reasonable, for handling during periods that Animal Control is available

for investigation and resolution.

(c) Follow-up on animal-related calls, such as locating owners of injured animals.

807.4 MEMBER RESPONSIBILITIES

Members who respond to or assist with animal-related calls for service should evaluate the

situation to determine the appropriate actions to control the situation.

Due to the hazards of handling animals without proper training and equipment, responding

members generally should not attempt to capture or pick up any animal, but should keep the

animal under observation until the arrival of appropriate assistance.

Members may consider acting before the arrival of such assistance when:

(a)

There is a threat to public safety.

(b)

An animal has bitten someone. Members should take measures to confine the animal

and prevent further injury.

(c)

An animal is creating a traffic hazard.

(d)

An animal is seriously injured.

(e)

The owner/handler of an animal has been arrested or is incapacitated. In such

circumstances, the member should find appropriate placement for the animal.

1. This is only necessary when the arrestee is expected to be in custody for a

time period longer than would reasonably allow him/her to properly care for the

animal.

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2. With the owner’s consent, locating appropriate placement may require

contacting relatives or neighbors to care for the animal.

3. If no person can be found or the owner does not or cannot give consent, the

animal should be taken to a designated animal care facility.

807.5 ANIMAL CRUELTY COMPLAINTS

Laws relating to the cruelty to animals should be enforced, including but not limited to Penal Code

§ 597 et seq. (cruelty to animals, failure to care for animals).

(a) An investigation should be conducted on all reports of animal cruelty.

(b) Legal steps should be taken to protect an animal that is in need of immediate care or

protection from acts of cruelty.

807.6 ANIMAL BITE REPORTS

Members investigating an animal bite should obtain as much information as possible for follow-up

with the appropriate health or animal authorities. Efforts should be made to capture or otherwise

have the animal placed under control. Members should attempt to identify and notify the owner

of the final disposition of the animal.

807.7 STRAY DOGS

If a stray dog has a license or can otherwise be identified, the owner should be contacted, if

possible. If the owner is contacted, the dog should be released to the owner and a citation may

be issued, if appropriate. If a dog is taken into custody, it shall be transported to the appropriate

animal care facility.

Members shall provide reasonable treatment to animals in their care (e.g., food, water, shelter).

807.8 DANGEROUS ANIMALS

In the event responding members cannot fulfill a request for service because an animal is difficult or

dangerous to handle, the Watch Commander will be contacted to determine available resources,

including requesting the assistance of animal control services from an allied agency.

807.9 PUBLIC NUISANCE CALLS RELATING TO ANIMALS

Members should diligently address calls related to nuisance animals (e.g., barking dogs), as such

calls may involve significant quality-of-life issues.

807.10 DECEASED ANIMALS

When a member becomes aware of a deceased animal, all reasonable attempts should be made

to preliminarily determine if the death of the animal is related to criminal activity.

Deceased animals on public property should be removed, sealed in a plastic bag, and properly

disposed of by the responding member.

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Members should not climb onto or under any privately owned structure for the purpose of removing

a deceased animal.

When handling deceased animals, members should attempt to identify and notify the owner of

the final disposition of the animal.

807.11 INJURED ANIMALS

When a member becomes aware of an injured domesticated animal, all reasonable attempts

should be made to contact an owner or responsible handler. If an owner or responsible handler

cannot be located, the animal should be taken to a veterinarian and notice shall be given to the

owner pursuant to the requirements of Penal Code § 597.1.

807.11.1 VETERINARY CARE

The injured animal should be taken to a veterinarian as follows:

(a) During normal business hours, the animal should be taken to an authorized veterinary

care clinic.

(b) If after normal business hours, the animal should be taken to the authorized Veterinary

Emergency and Critical Care Services Clinic.

(c) An exception to the above exists when the animal is an immediate danger to the

community or the owner of the animal is identified and takes responsibility for the

injured animal.

Each incident shall be documented and, at minimum, include the name of the reporting party and

veterinary hospital and/or person to whom the animal is released.

If Animal Control is not available, the information will be forwarded for follow-up.

807.11.2 INJURED WILDLIFE

Injured wildlife should be referred to the Department of Fish and Wildlife or the Marine Mammal

Center as applicable.

807.11.3 RESCUE OF ANIMALS IN VEHICLES

If an animal left unattended in a vehicle appears to be in distress, members may enter the vehicle

for the purpose of rescuing the animal. Members should (Penal Code § 597.7(d)):

(a) Make a reasonable effort to locate the owner before entering the vehicle.

(b) Take steps to minimize damage to the vehicle.

(c) Refrain from searching the vehicle or seizing items except as otherwise permitted by

law.

(d) Leave notice on or in the vehicle identifying the location where the animal has been

taken and the name and Department of the member involved in the rescue.

(e) Make reasonable efforts to contact the owner or secure the vehicle before leaving the

scene.

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(f) Take the animal to an animal care facility, a place of safekeeping or, if necessary, a

veterinary hospital for treatment.

807.11 DESTRUCTION OF ANIMALS

When it is necessary to use a firearm to euthanize a badly injured animal or stop an animal that

poses an imminent threat to human safety, the Firearms Policy shall be followed. A badly injured

animal shall only be euthanized with the approval of a supervisor.

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Jeanne Clery Campus Security Act

808.1 PURPOSE AND SCOPE

The purpose of this policy is to establish guidelines to ensure this department fulfills its obligation

in complying with the Jeanne Clery Disclosure of Campus Security Policy and Campus Crime

Statistics Act (Clery Act) as well as applicable California Education Code requirements.

808.2 POLICY

The Sonoma State University Police Department encourages accurate and prompt reporting of all

crimes and takes all such reports seriously (20 USC § 1092(f)(1)(C)(iii)). Reports will be accepted

in any manner, including in person or in writing, at any Sonoma State University Police Department

facility. Reports will be accepted anonymously, by phone or via email or on the institution’s website.

It is the policy of the Sonoma State University Police Department to comply with the Clery Act.

Compliance with the Clery Act requires a joint effort between the Sonoma State University Police

Department and the administration of the institution.

Supervisors assigned areas of responsibility in the following policy sections are expected to be

familiar with the subsections of 20 USC § 1092(f) and 34 CFR 668.46 that are relevant to their

responsibilities.

808.3 POLICY, PROCEDURE AND PROGRAM DEVELOPMENT

The Chief of Police will:

(a)

Ensure that the Sonoma State University Police Department establishes procedures

for immediate emergency response and evacuation, including the use of electronic

and cellular communication and testing of these procedures (20 USC § 1092(f)(1)(J)

(i); 20 USC § 1092(f)(1)(J)(iii)).

(b)

Enter into written agreements as appropriate with local law enforcement agencies

to (Education Code § 67381.1):

1.

Identify roles in the investigation of alleged criminal offenses on campus (20

USC § 1092(f)(1)(C)(ii)).

(a) This includes identification of the responsibilities for sexual assault, hate

crimes and Part 1 violent crime investigations (e.g., willful homicide,

forcible rape, robbery or aggravated assault as defined in the FBI’s

Uniform Crime Reporting (UCR) Handbook), and establishing the specific

geographical boundaries of each agency’s responsibility, including maps

as necessary (Education Code § 67381).

2.

Assist in the monitoring and reporting of criminal activity at off-campus

student organizations that are recognized by the institution and engaged in

by students attending the institution, including student organizations with off-

campus housing facilities (20 USC § 1092(f)(1)(G)).

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3.

Ensure coordination of emergency response and evacuation procedures,

including procedures to immediately notify the campus community upon the

confirmation of a significant emergency or dangerous situation (20 USC §

1092(f)(1)(J)).

4.

Notify the Sonoma State University Police Department of criminal offenses

reported to local law enforcement agencies to assist the institution in meeting its

reporting requirements under the Clery Act (20 USC § 1092(f)(1)(F)).

5.

Notify the Sonoma State University Police Department of criminal offenses

reported to local law enforcement agencies to assist in making information

available to the campus community in a timely manner and to aid in the

prevention of similar crimes. Such disseminated information shall withhold the

names of victims as confidential (20 USC § 1092(f)(3)).

(c)

Appoint a designee to develop programs that are designed to inform students and

employees about campus security procedures and practices, and to encourage

students and employees to be responsible for their own security and the security of

others (20 USC § 1092(f)(1)(D)).

(d)

Appoint a designee to develop programs to inform students and employees about the

prevention of crime (20 USC § 1092(f)(1)(E)).

(e)

Appoint a designee to develop educational programs to promote the awareness

of rape, acquaintance rape, domestic violence, dating violence, sexual assault and

stalking, and what to do if an offense occurs, including but not limited to, who should

be contacted, the importance of preserving evidence and to whom the alleged offense

should be reported (20 USC § 1092(f)(8)(B)). The designee shall also develop written

materials to be distributed to reporting persons that explains the rights and options

provided for under 20 USC § 1092 (20 USC § 1092(f)(8)(C)).

(f)

Appoint a designee to make the appropriate notifications to institution staff regarding

missing person investigations in order to ensure that the institution complies with the

requirements of 34 CFR 668.46(h).

808.3.1 ADDITIONAL REQUIREMENTS

The Chief of Police or the authorized designee will also (Education Code § 67386):

(a) Assist the institution with the development of policies and procedures relating to sexual

assault, domestic violence, dating violence and stalking involving a student whether

it occurred on- or off-campus including:

1. The differences between standards of proof and defenses in criminal

investigations and administrative or disciplinary matters.

2. Victim-centered protocols including privacy protection, responses to reports,

interviews, investigations, required notifications and participation by victim

advocates and other supporting individuals.

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(b) Assist, as appropriate, with trauma-informed training for campus personnel involved

in investigating and adjudicating sexual assault, domestic violence, dating violence

and stalking cases.

(c) Assist, as appropriate, in the development of the institution’s comprehensive

prevention and outreach programs addressing sexual violence, domestic violence,

dating violence, and stalking.

(d) Ensure that any reported Part 1 violent crime, sexual assault or hate crime described

in Penal Code § 422.55 (whether it occurred on- or off-campus), is reported as soon

as practicable to any local law enforcement agency with investigation responsibilities

pursuant to a written agreement with the Sonoma State University Police Department

or the institution (Education Code § 67380).

1. The identification of the victim shall be withheld, unless the victim consents

to being identified after being informed of the right to have his/her personally

identifying information withheld. If the victim does not consent to being identified,

then the alleged assailant shall not be identified unless the institution determines

that the alleged assailant represents a serious or ongoing threat to the safety

of the students, employees or the institution, and the immediate assistance of

the Sonoma State University Police Department is necessary to contact or detain

the assailant (Education Code § 67380).

2. If the institution discloses the identity of the alleged assailant to the Sonoma

State University Police Department, the institution must immediately inform the

victim of that disclosure (Education Code § 67380).

808.4 RECORDS COLLECTION AND RETENTION

The Lieutenant is responsible for maintaining Sonoma State University Police Department

statistics and making reasonable good-faith efforts to obtain statistics from other law enforcement

agencies as necessary to allow the institution to comply with its reporting requirements under the

Clery Act (20 USC § 1092(f)(1)(F)). The statistics shall be compiled as follows:

(a) Statistics concerning the occurrence of the following criminal offenses reported to this

department or to local police agencies that occurred on campus, in or on non-campus

buildings or property, and on public property including streets, sidewalks and parking

facilities within the campus or immediately adjacent to and accessible from the campus

(20 USC § 1092(f)(1)(F)(i); 34 CFR 668.46(c)):

1. Murder

2. Sex offenses, forcible or non-forcible

3. Robbery

4. Aggravated assault

5. Burglary

6. Motor vehicle theft

7. Manslaughter

8. Arson

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9. Arrests or persons referred for campus disciplinary action for liquor law

violations, drug-related violations and weapons possession

10. Dating violence, domestic violence and stalking

(b) Statistics concerning the crimes described in the section above, theft, simple assault,

intimidation, destruction, damage or vandalism of property, and other crimes involving

bodily injury to any person where the victim was intentionally selected because of his/

her actual or perceived race, sex, religion, gender, gender identity, sexual orientation,

ethnicity or disability. These statistics should be collected and reported according to

the category of prejudice (20 USC § 1092(f)(1)(F)(ii); 34 CFR 668.46(c)).

1. The statistics shall be compiled using the definitions in the FBI’s UCR system

and modifications made pursuant to the Hate Crime Statistics Act (20 USC §

1092(f)(7); 34 CFR 668.46(c)(9)). For the offenses of domestic violence, dating

violence and stalking, such statistics shall be compiled in accordance with the

definitions used in the Violence Against Women Act (20 USC § 1092(f)(7); 34

USC § 12291; 34 CFR 668.46(a)). The statistics will be categorized separately

as offenses that occur in the following places (20 USC § 1092(f)(12); 34 CFR

668.46(c)(5)):

(a) On campus.

(b) In or on a non-campus building or property.

(c) On public property.

(d) In dormitories or other on-campus, residential or student facilities.

(c) Statistics will be included by the calendar year in which the crime was reported to the

Sonoma State University Police Department (34 CFR 668.46(c)(3)).

(d) Stalking offenses will include a statistic for each year in which the stalking conduct

is reported and will be recorded as occurring either at the first location where the

stalking occurred or the location where the victim became aware of the conduct (34

CFR 668.46(c)(6)).

(e) Statistics will include the three most recent calendar years (20 USC § 1092(f)(1)(F);

34 CFR 668.46(c)).

(f) The statistics shall not identify victims of crimes or persons accused of crimes (20

USC § 1092(f)(7)).

808.4.1 COMPILING RECORDS FOR DISCLOSURE REQUIREMENTS

The Lieutenant is also responsible for compiling the following to allow the institution to comply

with its disclosure requirements under Education Code § 67380:

(a) All occurrences reported to the Sonoma State University Police Department and all

arrests for crimes that are committed on campus that involve violence, hate violence,

theft, destruction of property, illegal drugs, or alcohol intoxication.

(b) All occurrences of noncriminal acts of hate violence reported to the Sonoma State

University Police Department for which a written report is prepared.

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808.4.2 CRIME LOG

The Lieutenant is responsible for ensuring a daily crime log is created and maintained as follows

(20 USC § 1092(f)(4); 34 CFR 668.46(f)):

(a)

The daily crime log will record all crimes reported to the Sonoma State University

Police Department, including the nature, date, time and general location of each crime,

and the disposition, if known.

(b)

All log entries shall be made within two business days of the initial report being made

to the Department.

(c)

If new information about an entry becomes available, then the new information shall

be recorded in the log not later than two business days after the information becomes

available to the police department or security department.

(d)

The daily crime log for the most recent 60-day period shall be open to the public for

inspection at all times during normal business hours. Any portion of the log that is older

than 60 days must be made available within two business days of a request for public

inspection. Information in the log is not required to be disclosed when:

1.

Disclosure of the information is prohibited by law.

2.

Disclosure would jeopardize the confidentiality of the victim.

3.

There is clear and convincing evidence that the release of such information

would jeopardize an ongoing criminal investigation or the safety of an individual,

may cause a suspect to flee or evade detection, or could result in the destruction

of evidence. In any of these cases, the information may be withheld until that

damage is no longer likely to occur from the release of such information.

808.5 INFORMATION DISSEMINATION

It is the responsibility of the Administration Lieutenant to ensure that the required Clery Act

disclosures are properly forwarded to campus administration and community members in

accordance with institution procedures. This includes:

(a)

Procedures for providing emergency notification of crimes or other incidents and

evacuations that might represent an imminent threat to the safety of students or

employees (20 USC § 1092(f)(3); 34 CFR 668.46(e); 34 CFR 668.46 (g)).

(b)

Procedures for notifying the campus community about crimes considered to be a threat

to other students and employees in order to aid in the prevention of similar crimes.

Such disseminated information shall withhold the names of victims as confidential (20

USC § 1092(f)(3)).

(c)

Information necessary for the institution to prepare its annual security report (20 USC

§ 1092(f)(1); 34 CFR 668.46(b)). This report will include, but is not limited to:

1.

Crime statistics and the policies for preparing the crime statistics.

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2.

Crime and emergency reporting procedures, including the responses to such

reports.

3.

Policies concerning security of and access to campus facilities.

4.

Crime, dating violence, domestic violence, sexual assault and stalking

awareness and prevention programs, including

(a) Procedures victims should follow.

(b) Procedures for protecting the confidentiality of victims and other necessary

parties.

5.

Enforcement policies related to alcohol and illegal drugs.

6.

Locations where the campus community can obtain information about registered

sex offenders.

7.

Emergency response and evacuation procedures.

8.

Missing student notification procedures.

9. Information addressing the jurisdiction and authority of campus security

including any working relationships and agreements between campus security

personnel and both state and local law enforcement agencies.

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Chapter 9 - Custody

Policy

900

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Temporary Custody of Adults

900.1 PURPOSE AND SCOPE

This policy provides guidelines to address the health and safety of adults taken into temporary

custody by members of the Sonoma State University Police Department for processing prior to

being released or transferred to a housing or other type of facility.

Temporary custody of juveniles is addressed in the Temporary Custody of Juveniles Policy.

Juveniles will not be permitted where adults in custody are being held.

Custodial searches are addressed in the Custodial Searches Policy.

900.1.1 DEFINITIONS

Definitions related to this policy include:

Holding cell/cell - Any locked enclosure for the custody of an adult or any other enclosure

that prevents the occupants from being directly visually monitored at all times by a member of

the Department.

Safety checks - Direct, visual observation by a member of this department performed at random

intervals, within time frames prescribed in this policy, to provide for the health and welfare of adults

in temporary custody.

Temporary custody - The time period an adult is in custody at the Sonoma State University

Police Department prior to being released or transported to a housing or other type of facility.

900.2 POLICY

The Sonoma State University Police Department is committed to releasing adults from temporary

custody as soon as reasonably practicable, and to keeping adults safe while in temporary custody

at the Department. Adults should be in temporary custody only for as long as reasonably necessary

for investigation, processing, transfer or release.

900.3 GENERAL CRITERIA AND SUPERVISION

No adult should be in temporary custody for longer than six hours.

900.3.1 INDIVIDUALS WHO SHOULD NOT BE IN TEMPORARY CUSTODY

Individuals who exhibit certain behaviors or conditions should not be in temporary custody at the

Sonoma State University Police Department, but should be transported to a jail facility, a medical

facility, or another type of facility as appropriate. These include:

(a) Any individual who is unconscious or has been unconscious while being taken into

custody or while being transported.

(b) Any individual who has a medical condition, including pregnancy, that may require

medical attention, supervision, or medication while he/she is in temporary custody.

(c) Any individual who is seriously injured.

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(d) Individuals who are a suspected suicide risk (see the Mental Illness Commitments

Policy).

1. If the officer taking custody of an individual believes that he/she may be a suicide

risk, the officer shall ensure continuous direct supervision until evaluation,

release, or a transfer to an appropriate facility is completed (15 CCR 1030).

(e) Individuals who are obviously in crisis, as defined in the Crisis Intervention Incidents

Policy.

(f) Individuals who are under the influence of alcohol, a controlled substance, or any

substance to the degree that may require medical attention, or who have ingested

any substance that poses a significant risk to their health, whether or not they appear

intoxicated.

(g) Any individual who has exhibited extremely violent or continuously violent behavior

including behavior that results in the destruction of property or demonstrates an intent

to cause physical harm to him/herself or others (15 CCR 1053; 15 CCR 1055).

(h) Any individual who claims to have, is known to be afflicted with, or displays symptoms

of any communicable disease that poses an unreasonable exposure risk (15 CCR

1051).

(i) Any individual with a prosthetic or orthopedic device where removal of the device

would be injurious to his/her health or safety.

(j) Any individual who is obviously developmentally disabled (15 CCR 1057).

(k) Any individual who appears to be a danger to him/herself or others due to a mental

disorder, or who appears gravely disabled (15 CCR 1052).

(l) Any individual who needs restraint beyond the use of handcuffs or shackles for security

reasons (15 CCR 1058).

(m) Any individual obviously suffering from drug or alcohol withdrawal (15 CCR 1213).

Officers taking custody of a person who exhibits any of the above conditions should notify a

supervisor of the situation. These individuals should not be in temporary custody at the Department

unless they have been evaluated by a qualified medical or mental health professional, as

appropriate for the circumstances.

900.3.2 SUPERVISION IN TEMPORARY CUSTODY

An authorized department member capable of supervising shall be present at all times when an

individual is held in temporary custody. The member responsible for supervising should not have

other duties that could unreasonably conflict with his/her supervision. Any individual in custody

must be able to summon the supervising member if needed. If the person in custody is deaf or hard

of hearing or cannot speak, accommodations shall be made to provide this ability (15 CCR 1027).

At least one female department member should be present when a female adult is in temporary

custody. In the event that none is readily available, the female in custody should be transported

to another facility or released pursuant to another lawful process (15 CCR 1027).

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Absent exigent circumstances, such as a medical emergency or a violent subject, members should

not enter the cell of a person of the opposite sex unless a member of the same sex as the person

in custody is present (Penal Code § 4021).

No individual in custody shall be permitted to supervise, control or exert any authority over other

individuals in custody.

900.3.3 STAFFING PLAN

The Chief of Police or the authorized designee shall ensure a staffing plan is prepared and

maintained, indicating assigned personnel and their duties. The plan should ensure that at least

one member who meets the training standards established by the Corrections Standards Authority

(CSA) for general fire- and life-safety and is trained in fire- and life-safety procedures relating

specifically to the facility is on-duty at all times (15 CCR 1028).

The staffing plan shall be available for biennial review by CSA staff. The review and

recommendations of the CSA biennial review shall be forwarded to the State, as required by 15

CCR 1027.

900.3.4 ENTRY RESTRICTIONS

Entry into any location where a person is held in custody should be restricted to:

(a) Authorized members entering for official business purposes.

(b) Emergency medical personnel when necessary.

(c) Any other person authorized by the Watch Commander.

When practicable, more than one authorized member should be present for entry into a location

where a person is held in custody for security purposes and to witness interactions.

900.4 INITIATING TEMPORARY CUSTODY

The officer responsible for an individual in temporary custody should evaluate the person for

any apparent chronic illness, disability, vermin infestation, possible communicable disease or any

other potential risk to the health or safety of the individual or others. The officer should specifically

ask if the individual is contemplating suicide and evaluate him/her for obvious signs or indications

of suicidal intent.

The receiving officer should ask the arresting officer if there is any statement, indication or

evidence surrounding the individual's arrest and transportation that would reasonably indicate the

individual is at risk for suicide or critical medical care. If there is any suspicion that the individual

may be suicidal, he/she shall be transported to the State jail or the appropriate mental health

facility.

The officer should promptly notify the Watch Commander of any conditions that may warrant

immediate medical attention or other appropriate action. The Watch Commander shall determine

whether the individual will be placed in a cell, immediately released or transported to jail or other

facility.

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900.4.1 SCREENING AND PLACEMENT

The officer responsible for an individual in custody shall (15 CCR 1050):

(a) Advise the Watch Commander of any significant risks presented by the individual (e.g.,

suicide risk, health risk, violence).

(b) Evaluate the following issues against the stated risks in (a) to determine the need for

placing the individual in a single cell:

1. Consider whether the individual may be at a high risk of being sexually abused

based on all available known information (28 CFR 115.141), or whether the

person is facing any other identified risk.

2. Provide any individual identified as being at a high risk for sexual or other

victimization with heightened protection. This may include (28 CFR 115.113; 28

CFR 115.141):

(a) Continuous, direct sight and sound supervision.

(b) Single-cell placement in a cell that is actively monitored on video by a

member who is available to immediately intervene.

3. Ensure individuals are separated according to severity of the crime (e.g., felony

or misdemeanor).

4. Ensure males and females are separated by sight and sound when in cells.

5. Ensure restrained individuals are not placed in cells with unrestrained

individuals.

(c) Ensure that those confined under civil process or for civil causes are kept separate

from those who are in temporary custody pending criminal charges.

(d) Ensure separation, as appropriate, based on other factors, such as age, criminal

sophistication, assaultive/non-assaultive behavior, mental state, disabilities and

sexual orientation.

900.4.2 CONSULAR NOTIFICATION

Consular notification may be mandatory when certain foreign nationals are arrested.

The Patrol Lieutenant will ensure that the U.S. Department of State’s list of countries and

jurisdictions that require mandatory notification is readily available to department members.

There should also be a published list of foreign embassy and consulate telephone and fax

numbers, as well as standardized notification forms that can be transmitted and then retained for

documentation. Prominently displayed signs informing foreign nationals of their rights related to

consular notification should also be posted in areas used for the temporary custody of adults.

Department members assigned to process a foreign national shall:

(a) Inform the individual, without delay, that he/she may have his/her consular officers

notified of the arrest or detention and may communicate with them.

1. This notification should be documented.

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(b) Determine whether the foreign national’s country is on the U.S. Department of State’s

mandatory notification list.

1. If the country is on the mandatory notification list, then:

(a) Notify the country’s nearest embassy or consulate of the arrest or

detention by fax or telephone.

(b) Tell the individual that this notification has been made and inform him/her

without delay that he/she may communicate with consular officers.

(c) Forward any communication from the individual to his/her consular officers

without delay.

(d) Document all notifications to the embassy or consulate and retain the

faxed notification and any fax confirmation for the individual’s file.

2. If the country is not on the mandatory notification list and the individual requests

that his/her consular officers be notified, then:

(a) Notify the country’s nearest embassy or consulate of the arrest or

detention by fax or telephone.

(b) Forward any communication from the individual to his/her consular officers

without delay.

900.5 SAFETY, HEALTH AND OTHER PROVISIONS

900.5.1 TEMPORARY CUSTODY LOGS

Any time an individual is in temporary custody at the Sonoma State University Police Department,

the custody shall be promptly and properly documented in a custody log, including:

(a) Identifying information about the individual, including his/her name.

(b) Date and time of arrival at the Department.

(c) Any charges for which the individual is in temporary custody and any case number.

(d) Time of all safety checks (15 CCR 1027; 15 CCR 1027.5).

(e) Any medical and other screening requested and completed.

(f) Any emergency situations or unusual incidents.

(g) Any other information that may be required by other authorities, such as compliance

inspectors.

(h) Date and time of release from the Sonoma State University Police Department.

The Watch Commander should initial the log to approve the temporary custody and should also

initial the log when the individual is released from custody or transferred to another facility.

The Watch Commander should make periodic checks to ensure all log entries and safety and

security checks are made on time.

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900.5.2 TEMPORARY CUSTODY REQUIREMENTS

Members monitoring or processing anyone in temporary custody shall ensure:

(a) Safety checks and significant incidents/activities are noted on the log.

(b) Individuals 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

individual is not aware.

2. This does not apply to surreptitious and legally obtained recorded interrogations.

(c) There is reasonable access to toilets and wash basins.

(d) There is reasonable access to a drinking fountain or water.

(e) There are reasonable opportunities to stand and stretch, particularly if handcuffed or

otherwise restrained.

(f) There is privacy during attorney visits.

(g) Those in temporary custody are generally permitted to remain in their personal clothing

unless it is taken as evidence or is otherwise unsuitable or inadequate for continued

wear while in custody.

(h) Clean blankets are provided as reasonably necessary to ensure the comfort of an

individual.

1. The supervisor should ensure that there is an adequate supply of clean blankets.

(i) Adequate shelter, heat, light and ventilation are provided without compromising

security or enabling escape.

(j) Adequate furnishings are available, including suitable chairs or benches.

900.5.3 MEDICAL CARE

First-aid equipment and basic medical supplies should be available to department members (15

CCR 1220). At least one member who has current certification in basic first aid and CPR should

be on-duty at all times.

Should a person in custody be injured or become ill, appropriate medical assistance should be

sought. A supervisor should meet with those providing medical aid at the facility to allow access

to the person. Members shall comply with the opinion of medical personnel as to whether an

individual in temporary custody should be transported to the hospital. If the person is transported

while still in custody, he/she will be accompanied by an officer.

Those who require medication while in temporary custody should not be at the Sonoma State

University Police Department. They should be released or transferred to another facility as

appropriate.

900.5.4 ORTHOPEDIC OR PROSTHETIC APPLIANCE

Subject to safety and security concerns, individuals shall be permitted to retain an orthopedic or

prosthetic appliance. However, if the member supervising the individual has probable cause to

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believe the possession of the appliance presents a risk of bodily harm to any person or is a risk

to the security of the facility, the appliance may be removed from the individual unless its removal

would be injurious to his/her health or safety.

Whenever a prosthetic or orthopedic appliance is removed, the Watch Commander shall be

promptly apprised of the reason. It shall be promptly returned when it reasonably appears that

any risk no longer exists (Penal Code § 2656; 15 CCR 1207).

900.5.5 TELEPHONE CALLS

Immediately upon being booked and, except where physically impossible, no later than three

hours after arrest, an individual in custody has the right to make at least three completed calls

to an attorney, bail bondsman, and a relative or other person (Penal Code § 851.5). Additional

calls may be made as reasonable and necessary (15 CCR 1067). In providing further access to

a telephone beyond that required by Penal Code § 851.5, legitimate law enforcement interests

such as officer safety, effect on ongoing criminal investigations and logistics should be balanced

against the individual’s desire for further telephone access.

(a) Telephone calls may be limited to local calls, except that long-distance calls may be

made by the individual at his/her own expense.

1. The Department should pay the cost of any long-distance calls related to

arranging for the care of a child or dependent adult (see the Child and Dependent

Adult Safety Policy).

2. The provisions of Penal Code § 851.5 concerning this issue shall be posted in

bold, block type in a conspicuous place within the facility.

(b) The individual should be given sufficient time to contact whomever he/she desires

and to make any necessary arrangements, including child or dependent adult care,

or transportation upon release.

1. Telephone calls are not intended to be lengthy conversations. The member

assigned to monitor or process the individual may use his/her judgment in

determining the duration of the calls.

2. Within three hours of the arrest, the member supervising the individual should

inquire whether the individual is a custodial parent with responsibility for a minor

child, and notify the individual that he/she may make two additional telephone

calls to a relative or other person for the purpose of arranging for the care of

minor children (Penal Code § 851.5).

(c) Calls between an individual in temporary custody and his/her attorney shall be deemed

confidential and shall not be monitored, eavesdropped upon or recorded (Penal Code

§ 851.5(b)(1); 15 CCR 1068).

900.5.6 RELIGIOUS ACCOMMODATION

Subject to available resources, safety and security, the religious beliefs and needs of all

individuals in custody should be reasonably accommodated (15 CCR 1072). Requests for religious

accommodation should generally be granted unless there is a compelling security or safety reason

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and denying the request is the least restrictive means available to ensure security or safety.

The responsible supervisor should be advised any time a request for religious accommodation

is denied.

Those who request to wear headscarves or simple head coverings for religious reasons should

generally be accommodated absent unusual circumstances. Head coverings shall be searched

before being worn.

Individuals wearing headscarves or other approved coverings shall not be required to remove them

while in the presence of or while visible to the opposite sex if they so desire. Religious garments

that substantially cover the individual’s head and face may be temporarily removed during the

taking of any photographs.

900.5.7 FIREARMS AND OTHER SECURITY MEASURES

Firearms and other weapons and control devices shall not be permitted in secure areas where

individuals are in custody or are processed. They should be properly secured outside of the secure

area. An exception may occur only during emergencies, upon approval of a supervisor.

All perimeter doors to secure areas shall be kept locked at all times, except during routine cleaning,

when no individuals in custody are present or in the event of an emergency, such as an evacuation.

900.5.8 REPORTING PHYSICAL HARM OR SERIOUS THREAT OF PHYSICAL HARM

In addition to a custody log entry, any incident that results in physical harm or serious threat of

physical harm to a member, person in custody or any other person shall be documented as stated

in the Use of Force or On-Duty Injuries policies, or other applicable reporting process. A copy of all

reports generated regarding the above circumstances shall be submitted as soon as reasonably

practicable. The Watch Commander will retain a record of these reports for inspection purposes

(15 CCR 1044).

900.5.9 ATTORNEYS AND BAIL BONDSMEN

(a) An attorney may visit at the request of the individual in custody or a relative (Penal

Code § 825).

(b) Attorneys and bail bondsmen who need to interview an individual in custody should

do so inside a secure interview room.

(c) The individual in custody as well as the attorney or bail bondsman should be searched

for weapons prior to being admitted to the interview room and at the conclusion of

the interview.

(d) Attorneys must produce a current California Bar card as well as other matching

appropriate identification.

(e) Interviews between attorneys and their clients shall not be monitored or recorded (15

CCR 1068).

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900.5.10 DISCIPLINE

Discipline will not be administered to any individual in custody at this facility. Any individual in

custody who repeatedly fails to follow directions or facility rules should be transported to the

appropriate jail, mental health facility or hospital as soon as practicable. Such conduct should be

documented and reported to the receiving facility (15 CCR 1081).

900.6 USE OF RESTRAINT DEVICES

Individuals in custody may be handcuffed in accordance with the Handcuffing and Restraints

Policy. Unless an individual presents a heightened risk, handcuffs should generally be removed

when the person is in a cell.

The use of restraints, other than handcuffs or leg irons, generally should not be used for individuals

in temporary custody at the Sonoma State University Police Department unless the person

presents a heightened risk, and only in compliance with the Handcuffing and Restraints Policy.

Individuals in restraints shall be kept away from other unrestrained individuals in custody and

monitored to protect them from abuse.

900.6.1 PREGNANT ADULTS

Women who are known to be pregnant should be restrained in accordance with the Handcuffing

and Restraints Policy.

900.7 PERSONAL PROPERTY

The personal property of an individual in temporary custody should be removed, inventoried

and processed as provided in the Custodial Searches Policy, unless the individual requests a

different disposition. For example, an individual may request property (i.e., cash, car or house

keys, medications) be released to another person. A request for the release of property to another

person must be made in writing. Release of the property requires the recipient’s signature on the

appropriate form.

Upon release of an individual from temporary custody, his/her items of personal property shall

be compared with the inventory, and he/she shall sign a receipt for the property's return. If the

individual is transferred to another facility or court, the member transporting the individual is

required to obtain the receiving person’s signature as notice of receipt. The Department shall

maintain a copy of the property receipt.

The Watch Commander shall be notified whenever an individual alleges that there is a shortage or

discrepancy regarding his/her property. The Watch Commander shall attempt to prove or disprove

the claim.

900.8 HOLDING CELLS

A thorough inspection of a cell shall be conducted before placing an individual into the cell to

ensure there are no weapons or contraband and that the cell is clean and sanitary. An inspection

also should be conducted when he/she is released. Any damage noted to the cell should be

photographed and documented.

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The following requirements shall apply:

(a) The individual shall be searched (see the Custodial Searches Policy), and anything

that could create a security or suicide risk, such as contraband, hazardous items, belts,

shoes or shoelaces and jackets, shall be removed.

(b) The individual shall constantly be monitored by an audio/video system during the entire

custody.

(c) The individual shall have constant auditory access to department members.

(d) The individual’s initial placement into and removal from a locked enclosure shall be

logged.

(e) Safety checks by department members shall occur no less than every 15 minutes (15

CCR 1027.5).

1. Safety checks should be at varying times.

2. All safety checks shall be logged.

3. The safety check should involve questioning the individual as to his/her well-

being.

4. Individuals who are sleeping or apparently sleeping should be awakened.

5. Requests or concerns of the individual should be logged.

900.8.1 USE OF SOBERING CELL

Inmates who are to be held in the Temporary Holding Facility and who present a threat to their

own safety or the safety of others due to their state of intoxication should be placed in a sobering

cell until their condition allows for continued processing.

The following guidelines apply when placing any inmate in a sobering cell (15 CCR 1056):

(a) Placement of an inmate into the cell requires approval of the Watch Commander.

(b) A cell log shall be initiated every time an inmate is placed in the cell. The log shall be

maintained for the entire time the inmate is housed in the cell.

(c) A safety check consisting of direct visual observation sufficient to assess the inmate’s

well-being and behavior shall occur at least once every 30 minutes. Each safety check

shall be documented in the cell log. Supervisors shall check the logs for completeness

every two hours and document this action on the cell log.

(d) Under no circumstances shall an inmate be held in a sobering cell for more than six

hours without being evaluated by qualified medical personnel to ensure that the inmate

does not have an urgent medical issue.

(e) Inmates will be removed from the cell when they no longer pose a threat to their own

safety and the safety of others, and are able to continue processing.

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900.9 SUICIDE ATTEMPT, DEATH, OR SERIOUS INJURY

The Patrol Lieutenant will ensure procedures are in place to address any suicide attempt, death

or serious injury of any individual in temporary custody at the Sonoma State University Police

Department. The procedures should include the following:

(a) Immediate request for emergency medical assistance if appropriate

(b) Immediate notification of the Watch Commander, Chief of Police and Investigation

Lieutenant

(c) Notification of the spouse, next of kin or other appropriate person

(d) Notification of the appropriate prosecutor

(e) Notification of the CSU Legal Counsel

(f) Notification of the Coroner

(g) Evidence preservation

(h) In-custody death reviews (15 CCR 1046)

(i) Notification to the Attorney General within 10 days of any death in custody including

any reasonably known facts concerning the death (Government Code § 12525)

900.10 RELEASE AND/OR TRANSFER

When an individual is released or transferred from custody, the member releasing the individual

should ensure the following:

(a) All proper reports, forms and logs have been completed prior to release.

(b) A check has been made to ensure that the individual is not reported as missing and

does not have outstanding warrants.

(c) It has been confirmed that the correct individual is being released or transported.

(d) All property, except evidence, contraband or dangerous weapons, has been returned

to, or sent with, the individual.

(e) All pertinent documentation accompanies the individual being transported to another

facility (e.g., copies of booking forms, medical records, an itemized list of his/her

property, warrant copies).

(f) The individual is not permitted in any nonpublic areas of the Sonoma State University

Police Department unless escorted by a member of the Department.

(g) Any known threat or danger the individual may pose (e.g., escape risk, suicide

potential, medical condition) is documented, and the documentation transported with

the individual if he/she is being sent to another facility.

1. The department member transporting the individual shall ensure such risks are

communicated to intake personnel at the other facility.

(h) Generally, persons of the opposite sex, or adults and juveniles, should not be

transported in the same vehicle unless they are physically separated by a solid barrier.

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If segregating individuals is not practicable, officers should be alert to inappropriate

physical or verbal contact and take appropriate action as necessary.

(i) Transfers between facilities or other entities, such as a hospital, should be

accomplished with a custodial escort of the same sex as the person being transferred

to assist with his/her personal needs as reasonable.

900.10.1 FORM REQUEST FOR PETITION TO SEAL RECORDS

Upon request, a detained arrestee released from custody shall be provided with the appropriate

Judicial Council forms to petition the court to have the arrest and related records sealed (Penal

Code § 851.91).

The Department shall display the required signage that complies with Penal Code § 851.91

advising an arrestee of the right to obtain the Judicial Council forms.

900.11 ASSIGNED ADMINISTRATOR

The Patrol Lieutenant will ensure any reasonably necessary supplemental procedures are in place

to address the following issues (15 CCR 1029):

(a) General security

(b) Key control

(c) Sanitation and maintenance

(d) Emergency medical treatment (15 CCR 1200)

(e) Escapes

(f) Evacuation plans

(g) Fire- and life-safety, including a fire suppression pre-plan as required by 15 CCR 1032

(h) Disaster plans

(i) Building and safety code compliance

(j) Civil and other disturbances including hostage situations

(k) Periodic testing of emergency equipment

(l) Emergency suspension of Title 15 regulations and notice to the Board of State and

Community Corrections as required in 15 CCR 1012

(m) Inspections and operations reviews

(n) Any other applicable requirements under 15 CCR 1029

Annual review and evaluation of security measures including internal and external security

measures, sanitation, safety and maintenance (15 CCR 1280).

These supplemental procedures shall be reviewed and updated no less than every two years and

shall be available to all members (15 CCR 1029).

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900.12 TRAINING

Department members should be trained and familiar with this policy and any supplemental

procedures.

Department members responsible for supervising adults in temporary custody shall complete

the Corrections Officer Core Course or eight hours of specialized training within six months of

assignment. Such training shall include but not be limited to the following (15 CCR 1024):

(a) Applicable minimum jail standards

(b) Jail operations liability

(c) Inmate segregation

(d) Emergency procedures and planning, fire safety, and life safety.

(e) Suicide prevention

Eight hours of refresher training shall be completed once every two years (15 CCR 1024).

The Training Sergeant shall maintain records of all such training in the member’s training file.

Policy

901

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Custodial Searches

901.1 PURPOSE AND SCOPE

This policy provides guidance regarding searches of individuals in custody. Such searches are

necessary to eliminate the introduction of contraband, intoxicants or weapons into the Sonoma

State University Police Department facility. Such items can pose a serious risk to the safety and

security of department members, individuals in custody, contractors and the public.

Nothing in this policy is intended to prohibit the otherwise lawful collection of evidence from an

individual in custody.

901.1.1 DEFINITIONS

Definitions related to this policy include:

Custody search - An in-custody search of an individual and of his/her property, shoes and

clothing, including pockets, cuffs and folds on the clothing, to remove all weapons, dangerous

items and contraband.

Physical body cavity search - A search that includes a visual inspection and may include

a physical intrusion into a body cavity. Body cavity means the stomach or rectal cavity of an

individual, and the vagina of a female person.

Strip search - A search that requires an individual to remove or rearrange some or all of

his/her clothing to permit a visual inspection of the underclothing, breasts, buttocks, anus or

outer genitalia. This includes monitoring an individual who is changing clothes, where his/her

underclothing, buttocks, genitalia or female breasts are visible.

901.2 POLICY

All searches shall be conducted with concern for safety, dignity, courtesy, respect for privacy and

hygiene, and in compliance with policy and law to protect the rights of those who are subject to

any search.

Searches shall not be used for intimidation, harassment, punishment or retaliation.

901.3 FIELD AND TRANSPORTATION SEARCHES

An officer should conduct a custody search of an individual immediately after his/her arrest, when

receiving an individual from the custody of another, and before transporting a person who is in

custody in any department vehicle.

Whenever practicable, a custody search should be conducted by an officer of the same sex as

the person being searched. If an officer of the same sex is not reasonably available, a witnessing

officer should be present during the search.

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901.4 SEARCHES AT POLICE FACILITIES

Custody searches shall be conducted on all individuals in custody, upon entry to the Sonoma

State University Police Department facilities. Except in exigent circumstances, the search should

be conducted by a member of the same sex as the individual being searched. If a member of the

same sex is not available, a witnessing member must be present during the search.

Custody searches should also be conducted any time an individual in custody enters or re-enters

a secure area, or any time it is reasonably believed that a search is necessary to maintain the

safety and security of the facility.

901.4.1 PROPERTY

Members shall take reasonable care in handling the property of an individual in custody to avoid

discrepancies or losses. Property retained for safekeeping shall be kept in a secure location until

the individual is released or transferred.

Some property may not be accepted by a facility or agency that is taking custody of an individual

from this department, such as weapons or large items. These items should be retained for

safekeeping in accordance with the Property and Evidence Policy.

All property shall be inventoried by objective description (this does not include an estimated value).

The individual from whom it was taken shall be required to sign the completed inventory. If the

individual's signature cannot be obtained, the inventory shall be witnessed by another department

member. The inventory should include the case number, date, time, member's Sonoma State

University Police Department identification number and information regarding how and when the

property may be released.

901.4.2 VERIFICATION OF MONEY

All money shall be counted in front of the individual from whom it was received. When possible,

the individual shall initial the dollar amount on the inventory. Additionally, all money should be

placed in a separate envelope and sealed. Negotiable checks or other instruments and foreign

currency should also be sealed in an envelope with the amount indicated but not added to the

cash total. All envelopes should clearly indicate the contents on the front. The department member

sealing it should place his/her initials across the sealed flap. Should any money be withdrawn or

added, the member making such change shall enter the amount below the original entry and initial

it. The amount of money in the envelope should always be totaled and written on the outside of

the envelope.

901.5 STRIP SEARCHES

No individual in temporary custody at any Sonoma State University Police Department facility

shall be subjected to a strip search unless there is reasonable suspicion based upon specific

and articulable facts to believe the individual has a health condition requiring immediate medical

attention or is concealing a weapon or contraband. Factors to be considered in determining

reasonable suspicion include, but are not limited to:

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(a)

The detection of an object during a custody search that may be a weapon or

contraband and cannot be safely retrieved without a strip search.

(b)

Circumstances of a current arrest that specifically indicate the individual may be

concealing a weapon or contraband.

1.

A felony arrest charge or being under the influence of a controlled substance

should not suffice as reasonable suspicion absent other facts.

(c)

Custody history (e.g., past possession of contraband while in custody, assaults

on department members, escape attempts).

(d)

The individual’s actions or demeanor.

(e)

Criminal history (i.e., level of experience in a custody setting).

No transgender or intersex individual shall be searched or examined for the sole purpose of

determining the individual’s genital status. If the individual’s genital status is unknown, it may be

determined during conversations with the person, by reviewing medical records, or as a result of

a broader medical examination conducted in private by a medical practitioner (28 CFR 115.115).

901.5.1 STRIP SEARCH PROCEDURES

Strip searches at Sonoma State University Police Department facilities shall be conducted as

follows (28 CFR 115.115; Penal Code § 4030):

(a)

Written authorization from the Watch Commander shall be obtained prior to the strip

search.

(b)

All members involved with the strip search shall be of the same sex as the individual

being searched, unless the search is conducted by a medical practitioner.

(c)

All strip searches shall be conducted in a professional manner under sanitary

conditions and in a secure area of privacy so that it cannot be observed by those not

participating in the search. The search shall not be reproduced through a visual or

sound recording.

(d)

Whenever possible, a second member of the same sex should also be present during

the search, for security and as a witness to the finding of evidence.

(e)

Members conducting a strip search shall not touch the breasts, buttocks or genitalia

of the individual being searched.

(f)

The primary member conducting the search shall prepare a written report to include:

1.

The facts that led to the decision to perform a strip search.

2.

The reasons less intrusive methods of searching were not used or were

insufficient.

3.

The written authorization for the search, obtained from the Watch Commander.

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4.

The name of the individual who was searched.

5.

The name and sex of the members who conducted the search.

6.

The name, sex and role of any person present during the search.

7.

The time and date of the search.

8.

The place at which the search was conducted.

9.

A list of the items, if any, that were recovered.

10.

The facts upon which the member based his/her belief that the individual was

concealing a weapon or contraband.

(g)

No member should view an individual's private underclothing, buttocks, genitalia

or female breasts while that individual is showering, performing bodily functions or

changing clothes, unless he/she otherwise qualifies for a strip search. However, if

serious hygiene or health issues make it reasonably necessary to assist the individual

with a shower or a change of clothes, a supervisor should be contacted to ensure

reasonable steps are taken to obtain the individual's consent and/or otherwise protect

his/her privacy and dignity.

(h)

If the individual has been arrested for a misdemeanor or infraction offense, the written

authorization from the Watch Commander shall include specific and articulable facts

and circumstances upon which the reasonable suspicion determination for the search

was made.

(i)

A copy of the written authorization shall be retained and made available upon request

to the individual or the individual's authorized representative. A record of the time,

date, place of the search, the name and sex of the person conducting the search, and

a statement of the results of the search shall also be retained and made available

upon request to the individual or the individual’s authorized representative.

901.5.2 SPECIAL CIRCUMSTANCE FIELD STRIP SEARCHES

A strip search may be conducted in the field only with Watch Commander authorization and only

in exceptional circumstances, such as when:

(a)

There is probable cause to believe that the individual is concealing a weapon or other

dangerous item that cannot be recovered by a more limited search.

(b)

There is probable cause to believe that the individual is concealing controlled

substances or evidence that cannot be recovered by a more limited search, and there

is no reasonable alternative to ensure the individual cannot destroy or ingest the

substance during transportation.

These special-circumstance field strip searches shall only be authorized and conducted under the

same restrictions as the strip search procedures in this policy, except that the Watch Commander

authorization does not need to be in writing.

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901.6 PHYSICAL BODY CAVITY SEARCH

Physical body cavity searches shall be subject to the following (Penal Code § 4030):

(a)

No individual shall be subjected to a physical body cavity search without written

approval of the Watch Commander and only upon a search warrant. A copy of any

search warrant and the results of the physical body cavity search shall be included with

the related reports and made available, upon request, to the individual or authorized

representative (except for those portions of the warrant ordered sealed by a court).

(b)

Only a physician, nurse practitioner, registered nurse, licensed vocational nurse or

Emergency Medical Technician Level II licensed to practice in California may conduct

a physical body cavity search.

(c)

Except for the physician or licensed medical personnel conducting the search,

persons present must be of the same sex as the individual being searched. Only the

necessary department members needed to maintain the safety and security of the

medical personnel shall be present.

(d)

Privacy requirements, including restricted touching of body parts and sanitary

condition requirements, are the same as required for a strip search.

(e)

All such searches shall be documented, including:

1.

The facts that led to the decision to perform a physical body cavity search of

the individual.

2.

The reasons less intrusive methods of searching were not used or were

insufficient.

3.

The Watch Commander’s approval.

4.

A copy of the search warrant.

5.

The time, date and location of the search.

6.

The medical personnel present.

7.

The names, sex and roles of any department members present.

8.

Any contraband or weapons discovered by the search.

(f)

Copies of the written authorization and search warrant shall be retained and shall

be provided to the individual who was searched or other authorized representative

upon request. A record of the time, date, place of the search, the name and sex of

the person conducting the search and a statement of the results of the search shall

also be retained and made available upon request to the individual or the individual’s

authorized representative.

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901.7 BODY SCANNER SEARCH

If a body scanner is available, a body scan search should be performed on all inmates/arrestees

upon entering the secure booking area of the facility. Members (Penal Code § 4030):

(a) Within sight of the visual display of a body scanner that is depicting the body during

a scan shall be of the same sex as the person being scanned, except for physicians

or licensed medical personnel.

(b) Should ask female inmates if they are pregnant prior to a body scan and should not

knowingly use a body scanner on a woman who is pregnant.

901.8 TRAINING

The Training Sergeant shall ensure members have training that includes (28 CFR 115.115):

(a)

Conducting searches of cross-gender individuals.

(b)

Conducting searches of transgender and intersex individuals.

(c)

Conducting searches in a professional and respectful manner, and in the least

intrusive manner possible, consistent with security needs.

Policy

902

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Prison Rape Elimination

902.1 PURPOSE AND SCOPE

This policy provides guidance for complying with the Prison Rape Elimination Act of 2003 (PREA)

and the implementing regulation that establishes standards (PREA Rule) to prevent, detect,

and respond to sexual abuse, harassment, and retaliation against detainees or prisoners in the

Sonoma State University Police Department Temporary Holding Facilities (28 CFR 115.111; 15

CCR 1029).

902.1.1 DEFINITIONS

Definitions related to this policy include:

Intersex - A person whose sexual or reproductive anatomy or chromosomal pattern does not seem

to fit typical definitions of male or female. Intersex medical conditions are sometimes referred to

as disorders of sex development (28 CFR 115.5).

Sexual abuse - Any of the following acts, if the detainee does not consent, is coerced into such

act by overt or implied threats of violence or is unable to consent or refuse (28 CFR 115.6; 15

CCR 1006):

•

Contact between the penis and the vulva or the penis and the anus, including

penetration, however slight

•

Contact between the mouth and the penis, vulva, or anus

•

Penetration of the anal or genital opening of another person, however slight, by a

hand, finger, object, or other instrument

•

Any other intentional touching, either directly or through the clothing, of the genitalia,

anus, groin, breast, inner thigh, or the buttocks of another person, excluding contact

incidental to a physical altercation

Sexual abuse also includes abuse by a staff member, contractor, or volunteer as follows, with or

without consent of the detainee, prisoner, or resident:

•

Contact between the penis and the vulva or the penis and the anus, including

penetration, however slight

•

Contact between the mouth and the penis, vulva, or anus

•

Contact between the mouth and any body part where the staff member, contractor, or

volunteer has the intent to abuse, arouse, or gratify sexual desire

•

Penetration of the anal or genital opening, however slight, by a hand, finger, object,

or other instrument, that is unrelated to official duties, or where the staff member,

contractor, or volunteer has the intent to abuse, arouse, or gratify sexual desire

•

Any other intentional contact, either directly or through the clothing, of or with the

genitalia, anus, groin, breast, inner thigh, or the buttocks, that is unrelated to official

duties, or where the staff member, contractor, or volunteer has the intent to abuse,

arouse, or gratify sexual desire

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•

Any attempt, threat, or request by a staff member, contractor, or volunteer to engage

in the activities described above

•

Any display by a staff member, contractor, or volunteer of his/her uncovered genitalia,

buttocks, or breast in the presence of a detainee, prisoner, or resident

•

Voyeurism by a staff member, contractor, or volunteer

Sexual harassment - Repeated and unwelcome sexual advances; requests for sexual favors;

verbal comments, gestures, or actions of a derogatory or offensive sexual nature by one detainee,

prisoner, or resident that are directed toward another; repeated verbal comments or gestures of

a sexual nature to a detainee, prisoner, or resident by a staff member, contractor, or volunteer,

including demeaning references to gender, sexually suggestive or derogatory comments about

body or clothing, or obscene language or gestures (28 CFR 115.6; 15 CCR 1006).

Transgender - A person whose gender identity (i.e., internal sense of feeling male or female) is

different from the person’s assigned sex at birth (28 CFR 115.5).

902.2 POLICY

The Sonoma State University Police Department has zero tolerance toward all forms of sexual

abuse and sexual harassment (28 CFR 115.111). The Department will not tolerate retaliation

against any person who reports sexual abuse or sexual harassment or who cooperates with a

sexual abuse or sexual harassment investigation.

The Sonoma State University Police Department will take immediate action to protect detainees

and prisoners who are reasonably believed to be subject to a substantial risk of imminent sexual

abuse (28 CFR 115.162; 15 CCR 1029).

902.3 PREA COORDINATOR

The Chief of Police shall appoint an upper-level manager with sufficient time and authority to

develop, implement, and oversee department efforts to comply with PREA standards in the

Sonoma State University Police Department Temporary Holding Facilities (28 CFR 115.111). The

PREA Coordinator’s responsibilities shall include:

(a) Developing and maintaining procedures to comply with the PREA Rule.

(b) Ensuring that any contract for the confinement of detainees or prisoners includes the

requirement to adopt and comply with applicable PREA standards and the PREA Rule,

including the obligation to provide incident-based and aggregated data, as required in

28 CFR 115.187 (28 CFR 115.112).

(c) Developing a staffing plan to provide adequate levels of staffing and video monitoring,

where applicable, in order to protect detainees and prisoners from sexual abuse (28

CFR 115.113; 15 CCR 1029). This includes documenting deviations and the reasons

for deviations from the staffing plan, as well as reviewing the staffing plan a minimum

of once per year.

(d) Developing methods for staff to privately report sexual abuse and sexual harassment

of detainees and prisoners (28 CFR 115.151).

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(e) Developing a written plan to coordinate response among staff first responders,

medical and mental health practitioners, investigators, and department leadership to

an incident of sexual abuse (28 CFR 115.165).

(f) Ensuring a protocol is developed for investigating allegations of sexual abuse in the

Temporary Holding Facility. The protocol shall include (28 CFR 115.121; 28 CFR

115.122):

1. Evidence collection practices that maximize the potential for obtaining usable

physical evidence based on the most recent edition of the U.S. Department

of Justice’s (DOJ) Office on Violence Against Women publication, “A

National Protocol for Sexual Assault Medical Forensic Examinations, Adults/

Adolescents” or a similarly comprehensive and authoritative protocol.

2. A process to ensure a criminal or administrative investigation is completed on

all allegations of sexual abuse or sexual harassment.

3. A process to document all referrals to other law enforcement agencies.

4. Access to forensic medical examinations, without financial cost, for all victims

of sexual abuse where appropriate. Such examinations shall be performed

by Sexual Assault Forensic Examiners (SAFEs) or Sexual Assault Nurse

Examiners (SANEs) where possible. If SAFEs or SANEs cannot be made

available, the examination can be performed by other qualified medical

practitioners. The efforts to provide SAFEs or SANEs shall be documented.

5. In accordance with security needs, provisions to permit, to the extent available,

detainee and prisoner access to victim advocacy services if the detainee or

prisoner is transported for a forensic examination to an outside hospital that

offers such services.

(g) Ensuring that detainees and prisoners with limited English proficiency and disabilities

have an equal opportunity to understand and benefit from efforts to prevent, detect,

and respond to sexual abuse and sexual harassment. This includes, as appropriate,

access to interpreters and written materials in formats or through methods that

provide effective communication to those with disabilities (e.g., limited reading skills,

intellectual, hearing, or vision disabilities) (28 CFR 115.116).

1. The agency shall not rely on other detainees or prisoners for assistance except

in limited circumstances where an extended delay in obtaining an interpreter

could compromise the detainee’s or prisoner’s safety, the performance of first-

response duties under this policy, or the investigation of a prisoner’s allegations

of sexual abuse, harassment, or retaliation.

(h) Publishing on the department’s website:

1. Information on how to report sexual abuse and sexual harassment on behalf of

a detainee or prisoner (28 CFR 115.154).

2. A protocol describing the responsibilities of the Department and any other

investigating agency that will be responsible for conducting sexual abuse or

sexual harassment investigations (28 CFR 115.122).

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(i) Establishing a process that includes the use of a standardized form and set of

definitions to ensure accurate, uniform data is collected for every allegation of sexual

abuse at facilities under this agency’s direct control (28 CFR 115.187; 34 USC §

30303; 15 CCR 1041).

1. The data collected shall include, at a minimum, the data necessary to answer

all questions from the most recent version of the Survey of Sexual Violence,

conducted by DOJ, or any subsequent form developed by DOJ and designated

for lockups.

2. The data shall be aggregated at least annually.

(j) Ensuring audits are conducted pursuant to 28 CFR 115.401 through 28 CFR 115.405

for all Temporary Holding Facilities used to house detainees or prisoners overnight

(28 CFR 115.193).

(k) Ensuring contractors or others who work in the Temporary Holding Facility are

informed of the agency’s zero-tolerance policy regarding sexual abuse and sexual

harassment (28 CFR 115.132).

(l) Ensuring that information for uninvolved inmates, family, community members, and

other interested third parties to report sexual abuse or sexual harassment is publicly

posted at the facility (15 CCR 1029).

902.4 REPORTING SEXUAL ABUSE, HARASSMENT, AND RETALIATION

Detainees or prisoners may make reports to any staff member verbally, in writing, privately, or

anonymously of any of the following (28 CFR 115.151; 15 CCR 1029):

•

Sexual abuse

•

Sexual harassment

•

Retaliation by other detainees or prisoners or staff for reporting sexual abuse or sexual

harassment

•

Staff neglect or violation of responsibilities that may have contributed to sexual abuse

or sexual harassment

During intake the Department shall notify all detainees and prisoners of the zero-tolerance policy

regarding sexual abuse and sexual harassment, and of at least one way to report abuse or

harassment to a public or private entity that is not part of the Department and that is able to receive

and immediately forward detainee or prisoner reports of sexual abuse and sexual harassment to

agency officials. This allows the detainee or prisoner to remain anonymous (28 CFR 115.132; 28

CFR 115.151).

902.4.1 MEMBER RESPONSIBILITIES

Department members shall accept reports from detainees, prisoners and third parties and shall

promptly document all reports (28 CFR 115.151; 15 CCR 1029).

All members shall report immediately to the Watch Commander any knowledge, suspicion, or

information regarding:

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(a) An incident of sexual abuse or sexual harassment that occurs in the Temporary

Holding Facility.

(b) Retaliation against detainees or the member who reports any such incident.

(c) Any neglect or violation of responsibilities on the part of any department member that

may have contributed to an incident or retaliation (28 CFR 115.161).

No member shall reveal any information related to a sexual abuse report to anyone other than to

the extent necessary to make treatment and investigation decisions.

902.4.2 WATCH COMMANDER RESPONSIBILITIES

The Watch Commander shall report to the department’s designated investigators all allegations of

sexual abuse, harassment, retaliation, neglect or violations leading to sexual abuse, harassment

or retaliation. This includes third-party and anonymous reports (28 CFR 115.161).

If the alleged victim is under the age of 18 or considered a vulnerable adult, the Watch Commander

shall also report the allegation as required under mandatory reporting laws and department policy.

Upon receiving an allegation that a detainee or prisoner was sexually abused while confined

at another facility, the Watch Commander shall notify the head of the facility or the appropriate

office of the agency where the alleged abuse occurred. The notification shall be made as soon

as possible but no later than 72 hours after receiving the allegation. The Watch Commander shall

document such notification (28 CFR 115.163).

If an alleged detainee or prisoner victim is transferred from the Temporary Holding Facility to a jail,

prison or medical facility, the Department shall, as permitted by law, inform the receiving facility of

the incident and the prisoner’s potential need for medical or social services, unless the prisoner

requests otherwise (28 CFR 115.165).

902.5 INVESTIGATIONS

The Department shall promptly, thoroughly and objectively investigate all allegations, including

third-party and anonymous reports, of sexual abuse or sexual harassment. Only investigators who

have received department-approved special training shall conduct sexual abuse investigations

(28 CFR 115.171).

902.5.1 FIRST RESPONDERS

The first officer to respond to a report of sexual abuse or sexual assault shall (28 CFR 115.164):

(a) Separate the parties.

(b) Establish a crime scene to preserve and protect any evidence. Identify and secure

witnesses until steps can be taken to collect any evidence.

(c) If the abuse occurred within a time period that still allows for the collection of physical

evidence, request that the alleged victim not take any actions that could destroy

physical evidence, including, as appropriate, washing, brushing teeth, changing

clothes, urinating, defecating, smoking, drinking or eating.

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(d) If the abuse occurred within a time period that still allows for the collection of

physical evidence, ensure that the alleged abuser does not take any actions that

could destroy physical evidence, including, as appropriate, washing, brushing teeth,

changing clothes, urinating, defecating, smoking, drinking or eating.

If the first responder is not an officer the responder shall request that the alleged victim not take

any actions that could destroy physical evidence and should then notify a law enforcement staff

member (28 CFR 115.164).

902.5.2 INVESTIGATOR RESPONSIBILITIES

Investigators shall (28 CFR 115.171):

(a) Gather and preserve direct and circumstantial evidence, including any available

physical and biological evidence and any available electronic monitoring data.

(b) Interview alleged victims, suspects and witnesses.

(c) Review any prior complaints and reports of sexual abuse involving the suspect.

(d) Conduct compelled interviews only after consulting with prosecutors as to whether

compelled interviews may be an obstacle for subsequent criminal prosecution.

(e) Assess the credibility of the alleged victim, suspect or witness on an individual basis

and not by the person’s status as a detainee or a member of the Sonoma State

University Police Department.

(f) Document in written reports a description of physical, testimonial, documentary and

other evidence, the reasoning behind any credibility assessments, and investigative

facts and findings.

(g) Refer allegations of conduct that may be criminal to the District Attorney for possible

prosecution, including any time there is probable cause to believe a detainee or

prisoner sexually abused another detainee or prisoner in the Temporary Holding

Facility (28 CFR 115.178).

(h) Cooperate with outside investigators and remain informed about the progress of any

outside investigation.

902.5.3 ADMINISTRATIVE INVESTIGATIONS

Administrative investigations shall include an effort to determine whether staff actions or failures

to act contributed to the abuse. The departure of the alleged abuser or victim from the employment

or control of this department shall not be used as a basis for terminating an investigation (28 CFR

115.171).

902.5.4 SEXUAL ASSAULT AND SEXUAL ABUSE VICTIMS

No detainee or prisoner who alleges sexual abuse shall be required to submit to a polygraph

examination or other truth-telling device as a condition for proceeding with the investigation of

such an allegation (28 CFR 115.171(e)).

Detainee or prisoner victims of sexual abuse shall receive timely, unimpeded access to emergency

medical treatment. Treatment services shall be provided to the victim without financial cost and

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regardless of whether the victim names the abuser or cooperates with any investigation arising

out of the incident (28 CFR 115.182).

902.5.5 CONCLUSIONS AND FINDINGS

All completed investigations shall be forwarded to the Chief of Police, or if the allegations may

reasonably involve the Chief of Police, to the Vice President for Administration and Finance. The

Chief of Police or Vice President for Administration and Finance shall review the investigation and

determine whether any allegations of sexual abuse or sexual harassment have been substantiated

by a preponderance of the evidence (28 CFR 115.172).

All personnel shall be subject to disciplinary sanctions up to and including termination for violating

this policy. Termination shall be the presumptive disciplinary sanction for department members

who have engaged in sexual abuse. All discipline shall be commensurate with the nature and

circumstances of the acts committed, the member’s disciplinary history and the sanctions imposed

for comparable offenses by other members with similar histories (28 CFR 115.176).

All terminations for violations of this policy, or resignations by members who would have been

terminated if not for their resignation, shall be criminally investigated unless the activity was clearly

not criminal and reported to any relevant licensing body (28 CFR 115.176).

Any contractor or volunteer who engages in sexual abuse shall be prohibited from contact with

detainees or prisoners and reported to any relevant licensing bodies (28 CFR 115.177). The Chief

of Police shall take appropriate remedial measures and consider whether to prohibit further contact

with detainees or prisoners by a contractor or volunteer.

902.6 RETALIATION PROHIBITED

All detainees, prisoners and members who report sexual abuse or sexual harassment or who

cooperate with sexual abuse or sexual harassment investigations shall be protected from

retaliation (28 CFR 115.167). If any other individual who cooperates with an investigation

expresses a fear of retaliation, appropriate measures shall be taken to protect that individual.

The Watch Commander or the authorized designee shall employ multiple protection measures,

such as housing changes or transfers for detainee or prisoner victims or abusers, removal

of alleged abusers from contact with victims, and emotional support services for detainees,

prisoners or members who fear retaliation for reporting sexual abuse or sexual harassment or for

cooperating with investigations.

The Watch Commander or the authorized designee shall identify a staff member to monitor the

conduct and treatment of detainees, prisoners or members who have reported sexual abuse and

of detainees or prisoners who were reported to have suffered sexual abuse. The staff member

shall act promptly to remedy any such retaliation. In the case of detainees or prisoners, such

monitoring shall also include periodic status checks.

902.7 REVIEWS AND AUDITS

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902.7.1 INCIDENT REVIEWS

An incident review shall be conducted at the conclusion of every sexual abuse investigation, unless

the allegation has been determined to be unfounded. The review should occur within 30 days

of the conclusion of the investigation. The review team shall include upper-level management

officials and seek input from line supervisors and investigators (28 CFR 115.186).

The review shall (28 CFR 115.186):

(a) Consider whether the allegation or investigation indicates a need to change policy or

practice to better prevent, detect or respond to sexual abuse.

(b) Consider whether the incident or allegation was motivated by race; ethnicity; gender

identity; lesbian, gay, bisexual, transgender or intersex identification, status or

perceived status; gang affiliation; or was motivated or otherwise caused by other group

dynamics at the facility.

(c) Examine the area in the facility where the incident allegedly occurred to assess

whether physical barriers in the area may enable abuse.

(d) Assess the adequacy of staffing levels in that area during different shifts.

(e) Assess whether monitoring technology should be deployed or augmented to

supplement supervision by staff.

The review team shall prepare a report of its findings, including any determinations made pursuant

to this section and any recommendations for improvement. The report shall be submitted to the

Chief of Police and the PREA Coordinator. The Chief of Police or the authorized designee shall

implement the recommendations for improvement or shall document the reasons for not doing so

(28 CFR 115.186).

902.7.2 DATA REVIEWS

The facility shall conduct an annual review of collected and aggregated incident-based sexual

abuse data. The review should include, as needed, data from incident-based documents, including

reports, investigation files and sexual abuse incident reviews (28 CFR 115.187).

The purpose of these reviews is to assess and improve the effectiveness of sexual abuse

prevention, detection and response policies, practices and training. An annual report shall be

prepared that includes (28 CFR 115.188):

(a) Identification of any potential problem areas.

(b) Identification of any corrective actions taken.

(c) Recommendations for any additional corrective actions.

(d) A comparison of the current year’s data and corrective actions with those from prior

years.

(e) An assessment of the Department’s progress in addressing sexual abuse.

The report shall be approved by the Chief of Police and made readily available to the public

through the department website or, if it does not have one, through other means. Material may be

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redacted from the reports when publication would present a clear and specific threat to the safety

and security of the Temporary Holding Facility. However, the nature of the redacted material shall

be indicated.

All aggregated sexual abuse data from Sonoma State University Police Department facilities and

private facilities with which it contracts shall be made readily available to the public at least annually

through the department website or, if it does not have one, through other means. Before making

aggregated sexual abuse data publicly available, all personal identifiers shall be removed (28 CFR

115.189).

902.8 RECORDS

The Department shall retain all written reports from administrative and criminal investigations

pursuant to this policy for as long as the alleged abuser is held or employed by the Department,

plus five years (28 CFR 115.171).

All other data collected pursuant to this policy shall be securely retained for at least 10 years

after the date of the initial collection unless federal, state or local law requires otherwise (28 CFR

115.189).

902.9 TRAINING

All employees, volunteers and contractors who may have contact with detainees or prisoners

shall receive department-approved training on the prevention and detection of sexual abuse and

sexual harassment within this facility. The Training Sergeant shall be responsible for developing

and administering this training as appropriate, covering at a minimum (28 CFR 115.131):

•

The Department’s zero-tolerance policy and the right of detainees and prisoners to

be free from sexual abuse and sexual harassment, and from retaliation for reporting

sexual abuse or harassment.

•

The dynamics of sexual abuse and harassment in confinement settings, including

which detainees and prisoners are most vulnerable.

•

The right of detainees, prisoners and staff members to be free from sexual abuse and

sexual harassment, and from retaliation for reporting sexual abuse or harassment.

•

Detecting and responding to signs of threatened and actual abuse.

•

Communicating effectively and professionally with all detainees and prisoners.

•

Compliance with relevant laws related to mandatory reporting of sexual abuse to

outside authorities.

Investigators assigned to sexual abuse investigations shall also receive training in conducting

such investigations in confinement settings. Training should include (28 CFR 115.134):

•

Techniques for interviewing sexual abuse victims.

•

Proper use of Miranda and Garrity warnings.

•

Sexual abuse evidence collection in confinement settings.

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•

Criteria and evidence required to substantiate a case for administrative action or

prosecution referral.

The Training Sergeant shall maintain documentation that employees, volunteers, contractors

and investigators have completed required training and that they understand the training. This

understanding shall be documented through individual signature or electronic verification.

All current employees and volunteers who may have contact with detainees or prisoners shall be

trained within one year of the effective date of the PREA standards. The agency shall provide

annual refresher information to all such employees and volunteers to ensure that they understand

the current sexual abuse and sexual harassment policies and procedures.

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Chapter 10 - Personnel

Policy

1000

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Recruitment and Selection

1000.1 PURPOSE AND SCOPE

This policy provides a framework for employee recruiting efforts and identifying job-related

standards for the selection process. This policy supplements the rules that govern employment

practices for the Sonoma State University Police Department and that are promulgated and

maintained by the Department of Human Resources.

1000.2 POLICY

In accordance with applicable federal, state, and local law, the Sonoma State University Police

Department provides equal opportunities for applicants and employees regardless of actual or

perceived race, ethnicity, national origin, religion, sex, sexual orientation, gender identity or

expression, age, disability, pregnancy, genetic information, veteran status, marital status, and any

other classification or status protected by law. The Department does not show partiality or grant

any special status to any applicant, employee, or group of employees unless otherwise required

by law.

The Department will recruit and hire only those individuals who demonstrate a commitment to

service and who possess the traits and characteristics that reflect personal integrity and high

ethical standards.

1000.3 RECRUITMENT

The Administration Lieutenant should employ a comprehensive recruitment and selection strategy

to recruit and select employees from a qualified and diverse pool of candidates.

The strategy should include:

(a) Identification of racially and culturally diverse target markets.

(b) Use of marketing strategies to target diverse applicant pools.

(c) Expanded use of technology and maintenance of a strong internet presence. This may

include an interactive department website and the use of department-managed social

networking sites, if resources permit.

(d) Expanded outreach through partnerships with media, community groups, citizen

academies, local colleges, universities, and the military.

(e) Employee referral and recruitment incentive programs.

(f) Consideration of shared or collaborative regional testing processes.

The Administration Lieutenant shall avoid advertising, recruiting and screening practices that tend

to stereotype, focus on homogeneous applicant pools or screen applicants in a discriminatory

manner.

The Department should strive to facilitate and expedite the screening and testing process, and

should periodically inform each candidate of his/her status in the recruiting process.

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1000.4 SELECTION PROCESS

The Department shall actively strive to identify a diverse group of candidates who have in some

manner distinguished themselves as being outstanding prospects. Minimally, the Department

should employ a comprehensive screening, background investigation, and selection process that

assesses cognitive and physical abilities and includes review and verification of the following:

(a) A comprehensive application for employment (including previous employment,

references, current and prior addresses, education, military record)

(b) Driving record

(c) Reference checks

(d) Employment eligibility, including U.S. Citizenship and Immigration Services (USCIS)

Employment Eligibility Verification Form I-9 and acceptable identity and employment

authorization documents consistent with Labor Code § 1019.1. This required

documentation should not be requested until a candidate is hired. This does not

prohibit obtaining documents required for other purposes.

(e) Information obtained from public internet sites

(f) Financial history consistent with the Fair Credit Reporting Act (FCRA) (15 USC § 1681

et seq.)

(g) Local, state, and federal criminal history record checks

(h) Lie detector test (when legally permissible) (Labor Code § 432.2)

(i) Medical and psychological examination (may only be given after a conditional offer

of employment)

(j) Review board or selection committee assessment

1000.4.1 VETERAN’S PREFERENCE

Qualifying veterans of the United States Armed Forces who receive a passing score on an

entrance examination shall be ranked in the top rank of any resulting eligibility list. The veteran’s

preference shall also apply to a widow or widower of a veteran or a spouse of a 100 percent

disabled veteran (Government Code § 18973.1).

1000.5 BACKGROUND INVESTIGATION

Every candidate shall undergo a thorough background investigation to verify his/her personal

integrity and high ethical standards, and to identify any past behavior that may be indicative of the

candidate’s unsuitability to perform duties relevant to the operation of the Sonoma State University

Police Department (11 CCR 1953).

The narrative report and any other relevant background information shall be shared with the

psychological evaluator. Information shall also be shared with others involved in the hiring process

if it is relevant to their respective evaluations (11 CCR 1953).

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1000.5.1 BACKGROUND INVESTIGATION UPDATE

A background investigation update may, at the discretion of the Chief of Police, be conducted in

lieu of a complete new background investigation on a peace officer candidate who is reappointed

within 180 days of voluntary separation from the Sonoma State University Police Department, or

who is an interim police chief meeting the requirements contained in 11 CCR 1953(f).

1000.5.2 NOTICES

Background investigators shall ensure that investigations are conducted and notices provided

in accordance with the requirements of the FCRA and the California Investigative Consumer

Reporting Agencies Act (15 USC § 1681d; Civil Code § 1786.16).

1000.5.3 STATE NOTICES

If information disclosed in a candidate’s criminal offender record information (CORI) is the basis

for an adverse employment decision, a copy of the CORI shall be provided to the applicant (Penal

Code § 11105).

1000.5.4 REVIEW OF SOCIAL MEDIA SITES

Due to the potential for accessing unsubstantiated, private, or protected information, the

Administration Lieutenant shall not require candidates to provide passwords, account information,

or access to password-protected social media accounts (Labor Code § 980).

The Administration Lieutenant should consider utilizing the services of an appropriately trained

and experienced third party to conduct open source, internet-based searches, and/or review

information from social media sites to ensure that:

(a) The legal rights of candidates are protected.

(b) Material and information to be considered are verified, accurate, and validated.

(c) The Department fully complies with applicable privacy protections and local, state,

and federal law.

Regardless of whether a third party is used, the Administration Lieutenant should ensure that

potentially impermissible information is not available to any person involved in the candidate

selection process.

1000.5.5 DOCUMENTING AND REPORTING

The background investigator shall summarize the results of the background investigation in a

narrative report that includes sufficient information to allow the reviewing authority to decide

whether to extend a conditional offer of employment. The report shall not include any information

that is prohibited from use, including that from social media sites, in making employment decisions.

The report and all supporting documentation shall be included in the candidate’s background

investigation file (11 CCR 1953).

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1000.5.6 RECORDS RETENTION

The background report and all supporting documentation shall be maintained for a minimum of

two years and in accordance with the established records retention schedule (Government Code

§ 12946; 11 CCR 1953).

1000.6 DISQUALIFICATION GUIDELINES

As a general rule, performance indicators and candidate information and records shall be

evaluated by considering the candidate as a whole, and taking into consideration the following:

•

Age at the time the behavior occurred

•

Passage of time

•

Patterns of past behavior

•

Severity of behavior

•

Probable consequences if past behavior is repeated or made public

•

Likelihood of recurrence

•

Relevance of past behavior to public safety employment

•

Aggravating and mitigating factors

•

Other relevant considerations

A candidate’s qualifications will be assessed on a case-by-case basis, using a totality-of-the-

circumstances framework.

1000.7 EMPLOYMENT STANDARDS

All candidates shall meet the minimum standards required by state law (Government Code §

1029; Government Code § 1031; 11 CCR 1950 et seq.). Candidates will be evaluated based on

merit, ability, competence, and experience, in accordance with the high standards of integrity and

ethics valued by the Department and the community. The California Commission on Peace Officer

Standards and Training (POST) developed a Job Dimensions list, which is used as a professional

standard in background investigations.

Validated, job-related, and nondiscriminatory employment standards shall be established for each

job classification and shall minimally identify the training, abilities, knowledge, and skills required

to perform the position’s essential duties in a satisfactory manner. Each standard should include

performance indicators for candidate evaluation. The Department of Human Resources should

maintain validated standards for all positions.

1000.7.1 STANDARDS FOR OFFICERS

Candidates shall meet the minimum standards established by POST (Government Code § 1029;

Government Code § 1031; 11 CCR 1950 et seq.):

(a) Free of any felony convictions

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(b) Citizen of the United States, or permanent resident alien eligible for and has applied

for citizenship

(c) At least 18 years of age

(d) Fingerprinted for local, state, and national fingerprint check

(e) Good moral character as determined by a thorough background investigation (11 CCR

1953)

(f) High school graduate, passed the GED or other high school equivalency test, or

obtained a two-year, four-year, or advanced degree from an accredited or approved

institution

(g) Free from any physical, emotional, or mental condition, including bias against race

or ethnicity, gender, nationality, religion, disability, or sexual orientation which might

adversely affect the exercise of police powers (11 CCR 1954; 11 CCR 1955)

(h) Candidates must also satisfy the POST selection requirements, including (11 CCR

1950 et seq.):

1. Reading and writing ability assessment (11 CCR 1951)

2. Oral interview to determine suitability for law enforcement service (11 CCR

1952)

In addition to the above minimum POST required standards, candidates may be subjected to

additional standards established by the Department (Penal Code § 13510(d)).

1000.7.2 STANDARDS FOR DISPATCHER

Candidates shall satisfy the POST selection requirements, including (11 CCR 1956):

(a) A verbal, reasoning, memory, and perceptual abilities assessment (11 CCR 1957)

(b) An oral communication assessment (11 CCR 1958)

(c) A medical evaluation (11 CCR 1960)

1000.8 PROBATIONARY PERIODS

The Administration Lieutenant should coordinate with the Sonoma State University Department

of Human Resources to identify positions subject to probationary periods and procedures for:

(a) Appraising performance during probation.

(b) Assessing the level of performance required to complete probation.

(c) Extending probation.

(d) Documenting successful or unsuccessful completion of probation.

Policy

1005

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Reporting of Employee Convictions

1005.1 PURPOSE AND SCOPE

Convictions of certain offenses may restrict or prohibit an employee’s ability to properly perform

official duties. Therefore, all employees shall be required to promptly notify the Department of any

past and current criminal convictions.

1005.2 DOMESTIC VIOLENCE CONVICTIONS, OUTSTANDING WARRANTS AND

RESTRAINING ORDERS

California and federal law prohibit individuals convicted of, or having an outstanding warrant for,

certain offenses and individuals subject to certain court orders from lawfully possessing a firearm.

Such convictions and court orders often involve allegations of the use or attempted use of force or

threatened use of a weapon on any individual in a domestic relationship (e.g., spouse, cohabitant,

parent, child) (18 USC § 922; Penal Code § 29805).

All members are responsible for ensuring that they have not been disqualified from possessing

a firearm by any such conviction or court order and shall promptly report any such conviction or

court order to a supervisor, as provided in this policy.

1005.3 OTHER CRIMINAL CONVICTIONS AND COURT ORDERS

Government Code § 1029 prohibits any person convicted of a felony from being a peace officer

in the State of California. This prohibition applies regardless of whether the guilt was established

by way of a verdict, guilty or nolo contendre plea.

Convictions of certain violations of the Vehicle Code and other provisions of law may also place

restrictions on an employee’s ability to fully perform the duties of the job.

Outstanding warrants as provided in Penal Code § 29805 also place restrictions on a member’s

ability to possess a firearm.

Moreover, while legal restrictions may or may not be imposed by statute or by the courts upon

conviction of any criminal offense, criminal conduct by members of this department may be

inherently in conflict with law enforcement duties and the public trust.

1005.4 REPORTING PROCEDURE

All members of this department and all retired officers with an identification card issued by

the Department shall promptly notify their immediate supervisor (or the Chief of Police in the case

of retired officers) in writing of any past or current criminal arrest, outstanding warrant or conviction

regardless of whether or not the matter is currently on appeal and regardless of the penalty or

sentence, if any.

All members and all retired officers with an identification card issued by the Department shall

further promptly notify their immediate supervisor (or the Chief of Police in the case of retired

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officers) in writing if the member or retiree becomes the subject of a domestic violence restraining

order or similar court order or becomes the subject of an outstanding warrant.

Any member whose criminal conviction unduly restricts or prohibits that member from fully and

properly performing his/her duties may be disciplined including, but not limited to, being placed on

administrative leave, reassignment and/or termination. Any effort to remove such disqualification

or restriction shall remain entirely the responsibility of the member on his/her own time and

expense.

Any member failing to provide prompt written notice pursuant to this policy shall be subject to

discipline.

1005.5 PROCEDURE FOR RELIEF

Pursuant to Penal Code § 29855, a peace officer may petition the court for permission to carry

a firearm following a conviction under state law. Federal law, however, does not provide for any

such similar judicial relief and the granting of a state court petition under Penal Code § 29855

will not relieve one of the restrictions imposed by federal law. Therefore, relief for any employee

falling under the restrictions imposed by federal law may only be obtained by expungement of

the conviction. Each employee shall seek relief from firearm restrictions on their own time and

through their own resources.

Pursuant to Family Code § 6389(h), an individual may petition the court for an exemption to any

restraining order, which would thereafter permit the individual to carry a firearm as a part of their

employment. Relief from any domestic violence or other restriction shall also be pursued through

the employee’s own resources and on the employee’s own time.

Pending satisfactory proof of relief from any legal restriction imposed on an employee’s duties,

the employee may be placed on administrative leave, reassigned or disciplined. The Department

may, but is not required to return an employee to any assignment, reinstate any employee or

reverse any pending or imposed discipline upon presentation of satisfactory proof of relief from

any legal restriction set forth in this policy.

1005.5.1 NOTIFICATION REQUIREMENTS

The Administration Supervisor shall submit within 30 days of final disposition a notice to

the Commission on Peace Officer Standards and Training (POST) of a felony conviction or

Government Code § 1029 reason that disqualifies any current peace officer employed by this

department or any former peace officer if this department was responsible for the investigation

(11 CCR 1003).

The Administration Supervisor shall submit within 30 days a notice to POST of any appointment,

termination, reinstatement, name change, or status change regarding any peace officer, reserve

peace officer, public safety dispatcher, and records supervisor employed by this department (11

CCR 1003).

Policy

1007

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Communicable Diseases

1007.1 PURPOSE AND SCOPE

This policy provides general guidelines to assist in minimizing the risk of department members

contracting and/or spreading communicable diseases.

1007.1.1 DEFINITIONS

Definitions related to this policy include:

Communicable disease - A human disease caused by microorganisms that are present in

and transmissible through human blood, bodily fluid, tissue, or by breathing or coughing. These

diseases commonly include, but are not limited to, hepatitis B virus (HBV), HIV and tuberculosis.

Exposure - When an eye, mouth, mucous membrane or non-intact skin comes into contact with

blood or other potentially infectious materials, or when these substances are injected or infused

under the skin; when an individual is exposed to a person who has a disease that can be passed

through the air by talking, sneezing or coughing (e.g., tuberculosis), or the individual is in an area

that was occupied by such a person. Exposure only includes those instances that occur due to a

member’s position at the Sonoma State University Police Department. (See the exposure control

plan for further details to assist in identifying whether an exposure has occurred.)

1007.2 POLICY

The Sonoma State University Police Department is committed to providing a safe work

environment for its members. Members should be aware that they are ultimately responsible for

their own health and safety.

1007.3 EXPOSURE CONTROL OFFICER

The Chief of Police will assign a person as the Exposure Control Officer (ECO). The ECO shall

develop an exposure control plan that includes:

(a) Exposure-prevention and decontamination procedures.

(b) Procedures for when and how to obtain medical attention in the event of an exposure

or suspected exposure.

(c) The provision that department members will have no-cost access to the appropriate

personal protective equipment (PPE) (e.g., gloves, face masks, eye protection, pocket

masks) for each member’s position and risk of exposure.

(d) Evaluation of persons in custody for any exposure risk and measures to separate them

(15 CCR 1051; 15 CCR 1207).

(e) Compliance with all relevant laws or regulations related to communicable diseases,

including:

1. Responding to requests and notifications regarding exposures covered under

the Ryan White law (42 USC § 300ff-133; 42 USC § 300ff-136).

2. Bloodborne pathogen mandates including (8 CCR 5193):

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(a) Sharps injury log.

(b) Needleless systems and sharps injury protection.

3. Airborne transmissible disease mandates including (8 CCR 5199):

(a) Engineering and work practice controls related to airborne transmissible

diseases.

(b) Distribution of appropriate personal protective equipment to minimize

exposure to airborne disease.

4. Promptly notifying the county health officer regarding member exposures (Penal

Code § 7510).

5. Establishing procedures to ensure that members request exposure notification

from health facilities when transporting a person that may have a communicable

disease and that the member is notified of any exposure as required by Health

and Safety Code § 1797.188.

6. Informing members of the provisions of Health and Safety Code § 1797.188

(exposure to communicable diseases and notification).

(f) Provisions for acting as the designated officer liaison with health care facilities

regarding communicable disease or condition exposure notification. The designated

officer should coordinate with other department members to fulfill the role when not

available. The designated officer shall ensure that the name, title and telephone

number of the designated officer is posted on the Department website (Health and

Safety Code § 1797.188).

The ECO should also act as the liaison with the Division of Occupational Safety and Health (Cal/

OSHA) and may request voluntary compliance inspections. The ECO shall annually review and

update the exposure control plan and review implementation of the plan (8 CCR 5193).

1007.4 EXPOSURE PREVENTION AND MITIGATION

1007.4.1 GENERAL PRECAUTIONS

All members are expected to use good judgment and follow training and procedures related to

mitigating the risks associated with communicable disease. This includes, but is not limited to (8

CCR 5193):

(a) Stocking disposable gloves, antiseptic hand cleanser, CPR masks or other specialized

equipment in the work area or department vehicles, as applicable.

(b) Wearing department-approved disposable gloves when contact with blood, other

potentially infectious materials, mucous membranes and non-intact skin can be

reasonably anticipated.

(c) Washing hands immediately or as soon as feasible after removal of gloves or other

PPE.

(d) Treating all human blood and bodily fluids/tissue as if it is known to be infectious for

a communicable disease.

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(e) Using an appropriate barrier device when providing CPR.

(f) Using a face mask or shield if it is reasonable to anticipate an exposure to an airborne

transmissible disease.

(g) Decontaminating non-disposable equipment (e.g., flashlight, control devices, clothing

and portable radio) as soon as possible if the equipment is a potential source of

exposure.

1. Clothing that has been contaminated by blood or other potentially infectious

materials shall be removed immediately or as soon as feasible and stored/

decontaminated appropriately.

(h) Handling all sharps and items that cut or puncture (e.g., needles, broken glass, razors,

knives) cautiously and using puncture-resistant containers for their storage and/or

transportation.

(i) Avoiding eating, drinking, smoking, applying cosmetics or lip balm, or handling contact

lenses where there is a reasonable likelihood of exposure.

(j) Disposing of biohazardous waste appropriately or labeling biohazardous material

properly when it is stored.

1007.4.2 IMMUNIZATIONS

Members who could be exposed to HBV due to their positions may receive the HBV vaccine and

any routine booster at no cost (8 CCR 5193).

1007.5 POST EXPOSURE

1007.5.1 INITIAL POST-EXPOSURE STEPS

Members who experience an exposure or suspected exposure shall:

(a) Begin decontamination procedures immediately (e.g., wash hands and any other skin

with soap and water, flush mucous membranes with water).

(b) Obtain medical attention as appropriate.

(c) Notify a supervisor as soon as practicable.

1007.5.2 REPORTING REQUIREMENTS

The supervisor on-duty shall investigate every exposure or suspected exposure that occurs as

soon as possible following the incident. The supervisor shall ensure the following information is

documented (8 CCR 5193):

(a) Name and Social Security number of the member exposed

(b) Date and time of the incident

(c) Location of the incident

(d) Potentially infectious materials involved and the source of exposure (e.g., identification

of the person who may have been the source)

(e) Work being done during exposure

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(f) How the incident occurred or was caused

(g) PPE in use at the time of the incident

(h) Actions taken post-event (e.g., clean-up, notifications)

The supervisor shall advise the member that disclosing the identity and/or infectious status of

a source to the public or to anyone who is not involved in the follow-up process is prohibited.

The supervisor should complete the incident documentation in conjunction with other reporting

requirements that may apply (see the Occupational Disease and Work-Related Injury Reporting

Policy).

1007.5.3 MEDICAL CONSULTATION, EVALUATION AND TREATMENT

Department members shall have the opportunity to have a confidential medical evaluation

immediately after an exposure and follow-up evaluations as necessary (8 CCR 5193).

The ECO should request a written opinion/evaluation from the treating medical professional that

contains only the following information:

(a) Whether the member has been informed of the results of the evaluation.

(b) Whether the member has been notified of any medical conditions resulting from

exposure to blood or other potentially infectious materials which require further

evaluation or treatment.

No other information should be requested or accepted by the ECO.

1007.5.4 COUNSELING

The Department shall provide the member, and his/her family if necessary, the opportunity for

counseling and consultation regarding the exposure (8 CCR 5193).

1007.5.5 SOURCE TESTING

Testing a person for communicable diseases when that person was the source of an exposure

should be done when it is desired by the exposed member or when it is otherwise appropriate

(8 CCR 5193). Source testing is the responsibility of the ECO. If the ECO is unavailable to seek

timely testing of the source, it is the responsibility of the exposed member’s supervisor to ensure

testing is sought.

Source testing may be achieved by:

(a) Obtaining consent from the individual.

(b) Complying with the statutory scheme of Health and Safety Code § 121060. This

includes seeking consent from the person who was the source of the exposure and

seeking a court order if consent is not given.

(c) Testing the exposed member for evidence of a communicable disease and seeking

consent from the source individual to either access existing blood samples for testing

or for the source to submit to testing (Health and Safety Code § 120262).

(d) Taking reasonable steps to immediately contact the County Health Officer and provide

preliminary information regarding the circumstances of the exposure and the status

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of the involved individuals to determine whether the County Health Officer will order

testing (Penal Code § 7510).

(e) Under certain circumstances, a court may issue a search warrant for the purpose of

HIV testing a person when the exposed member qualifies as a crime victim (Penal

Code § 1524.1).

Since there is the potential for overlap between the different manners in which source testing may

occur, the ECO is responsible for coordinating the testing to prevent unnecessary or duplicate

testing.

The ECO should seek the consent of the individual for testing and consult the CSU Legal Counsel

to discuss other options when no statute exists for compelling the source of an exposure to

undergo testing if he/she refuses.

1007.6 CONFIDENTIALITY OF REPORTS

Medical information shall remain in confidential files and shall not be disclosed to anyone without

the member’s written consent (except as required by law). Test results from persons who may

have been the source of an exposure are to be kept confidential as well.

1007.7 TRAINING

All members shall participate in training regarding communicable diseases commensurate with

the requirements of their position. The training (8 CCR 5193):

(a) Shall be provided at the time of initial assignment to tasks where an occupational

exposure may take place and at least annually after the initial training.

(b) Shall be provided whenever the member is assigned new tasks or procedures affecting

his/her potential exposure to communicable disease.

(c) Should provide guidance on what constitutes an exposure, what steps can be taken

to avoid an exposure and what steps should be taken if a suspected exposure occurs.

Policy

1008

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Personnel Complaints

1008.1 PURPOSE AND SCOPE

This policy provides guidelines for the reporting, investigation and disposition of complaints

regarding the conduct of members of the Sonoma State University Police Department. This policy

shall not apply to any questioning, counseling, instruction, informal verbal admonishment or other

routine or unplanned contact of a member in the normal course of duty, by a supervisor or any

other member, nor shall this policy apply to a criminal investigation.

1008.2 POLICY

The Sonoma State University Police Department takes seriously all complaints regarding the

service provided by the Department and the conduct of its members.

The Department will accept and address all complaints of misconduct in accordance with this

policy and applicable federal, state and local law, municipal and county rules and the requirements

of any collective bargaining agreements.

It is also the policy of this department to ensure that the community can report misconduct without

concern for reprisal or retaliation.

1008.3 PERSONNEL COMPLAINTS

Personnel complaints include any allegation of misconduct or improper job performance that, if

true, would constitute a violation of department policy or of federal, state or local law, policy or

rule. Personnel complaints may be generated internally or by the public.

Inquiries about conduct or performance that, if true, would not violate department policy or federal,

state or local law, policy or rule may be handled informally by a supervisor and shall not be

considered a personnel complaint. Such inquiries generally include clarification regarding policy,

procedures or the response to specific incidents by the Department.

1008.3.1 COMPLAINT CLASSIFICATIONS

Personnel complaints shall be classified in one of the following categories:

Informal - A matter in which the Watch Commander is satisfied that appropriate action has been

taken by a supervisor of rank greater than the accused member.

Formal - A matter in which a supervisor determines that further action is warranted. Such

complaints may be investigated by a supervisor of rank greater than the accused member or

referred to the Chief of Police or designee, depending on the seriousness and complexity of the

investigation.

Incomplete - A matter in which the complaining party either refuses to cooperate or becomes

unavailable after diligent follow-up investigation. At the discretion of the assigned supervisor or

the Chief of Police or designee, such matters may be further investigated depending on the

seriousness of the complaint and the availability of sufficient information.

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1008.3.2 SOURCES OF COMPLAINTS

The following applies to the source of complaints:

(a) Individuals from the public may make complaints in any form, including in writing, by

email, in person or by telephone.

(b) Any department member becoming aware of alleged misconduct shall immediately

notify a supervisor.

(c) Supervisors shall initiate a complaint based upon observed misconduct or receipt from

any source alleging misconduct that, if true, could result in disciplinary action.

(d) Anonymous and third-party complaints should be accepted and investigated to the

extent that sufficient information is provided.

(e) Tort claims and lawsuits may generate a personnel complaint.

1008.4 AVAILABILITY AND ACCEPTANCE OF COMPLAINTS

1008.4.1 COMPLAINT FORMS

Personnel complaint forms will be maintained in a clearly visible location in the public area of

the police facility and be accessible through the department website. Forms may also be available

at other State facilities.

Personnel complaint forms in languages other than English may also be provided, as determined

necessary or practicable.

1008.4.2 ACCEPTANCE

All complaints will be courteously accepted by any department member and promptly given to

the appropriate supervisor. Although written complaints are preferred, a complaint may also be

filed orally, either in person or by telephone. Such complaints will be directed to a supervisor. If

a supervisor is not immediately available to take an oral complaint, the receiving member shall

obtain contact information sufficient for the supervisor to contact the complainant. The supervisor,

upon contact with the complainant, shall complete and submit a complaint form as appropriate.

Although not required, complainants should be encouraged to file complaints in person so that

proper identification, signatures, photographs or physical evidence may be obtained as necessary.

A complainant shall be provided with a copy of his/her statement at the time it is filed with the

Department (Penal Code § 832.7).

1008.4.3 AVAILABILITY OF WRITTEN PROCEDURES

The Department shall make available to the public a written description of the investigation

procedures for complaints (Penal Code § 832.5).

1008.5 DOCUMENTATION

Supervisors shall ensure that all formal and informal complaints are documented on a complaint

form. The supervisor shall ensure that the nature of the complaint is defined as clearly as possible.

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All complaints and inquiries should also be documented in a log that records and tracks complaints.

The log shall include the nature of the complaint and the actions taken to address the complaint.

On an annual basis, the Department should audit the log and send an audit report to the Chief

of Police or the authorized designee.

1008.6 ADMINISTRATIVE INVESTIGATIONS

Allegations of misconduct will be administratively investigated as follows.

1008.6.1 SUPERVISOR RESPONSIBILITIES

In general, the primary responsibility for the investigation of a personnel complaint shall rest with

the member's immediate supervisor, unless the supervisor is the complainant, or the supervisor

is the ultimate decision-maker regarding disciplinary action or has any personal involvement

regarding the alleged misconduct. The Chief of Police or the authorized designee may direct that

another supervisor investigate any complaint.

A supervisor who becomes aware of alleged misconduct shall take reasonable steps to prevent

aggravation of the situation.

The responsibilities of supervisors include but are not limited to:

(a) Ensuring that upon receiving or initiating any formal complaint, a complaint form is

completed.

1. The original complaint form will be directed to the Watch Commander of the

accused member, via the chain of command, who will take appropriate action

and/or determine who will have responsibility for the investigation.

2. In circumstances where the integrity of the investigation could be jeopardized by

reducing the complaint to writing or where the confidentiality of a complainant is

at issue, a supervisor shall orally report the matter to the member's Lieutenant

or the Chief of Police, who will initiate appropriate action.

(b) Responding to all complainants in a courteous and professional manner.

(c) Resolving those personnel complaints that can be resolved immediately.

1. Follow-up contact with the complainant should be made within 24 hours of the

Department receiving the complaint.

2. If the matter is resolved and no further action is required, the supervisor will

note the resolution on a complaint form and forward the form to the Watch

Commander.

(d) Ensuring that upon receipt of a complaint involving allegations of a potentially serious

nature, the Watch Commander and the Chief of Police are notified via the chain of

command as soon as practicable.

(e) Promptly contacting the Department of Human Resources and the Watch Commander

for direction regarding their roles in addressing a complaint that relates to sexual,

racial, ethnic or other forms of prohibited harassment or discrimination.

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(f) Forwarding unresolved personnel complaints to the Watch Commander, who will

determine whether to contact the complainant or assign the complaint for investigation.

(g) Informing the complainant of the investigator’s name and the complaint number within

three days after assignment.

(h) Investigating a complaint as follows:

1. Making reasonable efforts to obtain names, addresses and telephone numbers

of witnesses.

2. When appropriate, ensuring immediate medical attention is provided and

photographs of alleged injuries and accessible uninjured areas are taken.

(i) Ensuring that the procedural rights of the accused member are followed (Government

Code § 3303 et seq.).

(j) Ensuring interviews of the complainant are generally conducted during reasonable

hours.

1008.6.2 ADMINISTRATIVE INVESTIGATION PROCEDURES

Whether conducted by a supervisor or a member of the Chief of Police or designee, the following

applies to members covered by the Public Safety Officers Procedural Bill of Rights Act (POBR)

(Government Code § 3303):

(a) Interviews of an accused member shall be conducted during reasonable hours and

preferably when the member is on-duty. If the member is off-duty, he/she shall be

compensated.

(b) Unless waived by the member, interviews of an accused member shall be at the

Sonoma State University Police Department or other reasonable and appropriate

place.

(c) No more than two interviewers should ask questions of an accused member.

(d) Prior to any interview, a member shall be informed of the nature of the investigation, the

name, rank and command of the officer in charge of the investigation, the interviewing

officers and all other persons to be present during the interview.

(e) All interviews shall be for a reasonable period and the member's personal needs

should be accommodated.

(f) No member should be subjected to offensive or threatening language, nor shall any

promises, rewards or other inducements be used to obtain answers.

(g) Any member refusing to answer questions directly related to the investigation may

be ordered to answer questions administratively and may be subject to discipline for

failing to do so.

1. A member should be given an order to answer questions in an administrative

investigation that might incriminate the member in a criminal matter only after

the member has been given a Lybarger advisement. Administrative investigators

should consider the impact that compelling a statement from the member

may have on any related criminal investigation and should take reasonable

steps to avoid creating any foreseeable conflicts between the two related

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investigations. This may include conferring with the person in charge of the

criminal investigation (e.g., discussion of processes, timing, implications).

2. No information or evidence administratively coerced from a member may be

provided to anyone involved in conducting the criminal investigation or to any

prosecutor.

(h) The interviewer should record all interviews of members and witnesses. The member

may also record the interview. If the member has been previously interviewed, a copy

of that recorded interview shall be provided to the member prior to any subsequent

interview.

(i) All members subjected to interviews that could result in discipline have the right to

have an uninvolved representative present during the interview. However, in order

to maintain the integrity of each individual’s statement, involved members shall not

consult or meet with a representative or attorney collectively or in groups prior to being

interviewed.

(j) All members shall provide complete and truthful responses to questions posed during

interviews.

(k) No member may be requested or compelled to submit to a polygraph examination,

nor shall any refusal to submit to such examination be mentioned in any investigation

(Government Code § 3307).

No investigation shall be undertaken against any officer solely because the officer has been placed

on a prosecutor’s Brady list or the name of the officer may otherwise be subject to disclosure

pursuant to Brady v. Maryland. However, an investigation may be based on the underlying acts

or omissions for which the officer has been placed on a Brady list or may otherwise be subject to

disclosure pursuant to Brady v. Maryland (Government Code § 3305.5).

1008.6.3 ADMINISTRATIVE INVESTIGATION FORMAT

Formal investigations of personnel complaints shall be thorough, complete and essentially follow

this format:

Introduction - Include the identity of the members, the identity of the assigned investigators, the

initial date and source of the complaint.

Synopsis - Provide a brief summary of the facts giving rise to the investigation.

Summary - List the allegations separately, including applicable policy sections, with a brief

summary of the evidence relevant to each allegation. A separate recommended finding should

be provided for each allegation.

Evidence - Each allegation should be set forth with the details of the evidence applicable to each

allegation provided, including comprehensive summaries of member and witness statements.

Other evidence related to each allegation should also be detailed in this section.

Conclusion - A recommendation regarding further action or disposition should be provided.

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Exhibits - A separate list of exhibits (e.g., recordings, photos, documents) should be attached

to the report.

1008.6.4 DISPOSITIONS

Each personnel complaint shall be classified with one of the following dispositions:

Unfounded - When the investigation discloses that the alleged acts did not occur or did not

involve department members. Complaints that are determined to be frivolous will fall within the

classification of unfounded (Penal Code § 832.8).

Exonerated - When the investigation discloses that the alleged act occurred but that the act was

justified, lawful and/or proper.

Not sustained - When the investigation discloses that there is insufficient evidence to sustain the

complaint or fully exonerate the member.

Sustained - A final determination by an investigating agency, commission, board, hearing officer,

or arbitrator, as applicable, following an investigation and opportunity for an administrative appeal

pursuant to Government Code § 3304 and Government Code § 3304.5 that the actions of an

officer were found to violate law or department policy (Penal Code § 832.8).

If an investigation discloses misconduct or improper job performance that was not alleged in

the original complaint, the investigator shall take appropriate action with regard to any additional

allegations.

1008.6.5 COMPLETION OF INVESTIGATIONS

Every investigator or supervisor assigned to investigate a personnel complaint or other alleged

misconduct shall proceed with due diligence in an effort to complete the investigation within one

year from the date of discovery by an individual authorized to initiate an investigation (Government

Code § 3304).

In the event that an investigation cannot be completed within one year of discovery, the

assigned investigator or supervisor shall ensure that an extension or delay is warranted within the

exceptions set forth in Government Code § 3304(d) or Government Code § 3508.1.

1008.6.6 NOTICE TO COMPLAINANT OF INVESTIGATION STATUS

The member conducting the investigation should provide the complainant with periodic updates

on the status of the investigation, as appropriate.

1008.7 ADMINISTRATIVE SEARCHES

Assigned lockers, storage spaces and other areas, including desks, offices and vehicles, may be

searched as part of an administrative investigation upon a reasonable suspicion of misconduct.

Lockers and storage spaces may only be administratively searched in the member's presence,

with the member’s consent, with a valid search warrant or where the member has been given

reasonable notice that the search will take place (Government Code § 3309).

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1008.7.1 DISCLOSURE OF FINANCIAL INFORMATION

An employee may be compelled to disclose personal financial information under the following

circumstances (Government Code § 3308):

(a) Pursuant to a state law or proper legal process

(b) Information exists that tends to indicate a conflict of interest with official duties

(c) If the employee is assigned to or being considered for a special assignment with a

potential for bribes or other improper inducements

1008.8 ADMINISTRATIVE LEAVE

When a complaint of misconduct is of a serious nature, or when circumstances indicate that

allowing the accused to continue to work would adversely affect the mission of the Department,

the Chief of Police or the authorized designee may temporarily assign an accused employee to

administrative leave. Any employee placed on administrative leave:

(a) May be required to relinquish any department badge, identification, assigned weapons

and any other department equipment.

(b) Shall be required to continue to comply with all policies and lawful orders of a

supervisor.

(c) May be temporarily reassigned to a different shift, generally a normal business-hours

shift, during the investigation. The employee may be required to remain available for

contact at all times during such shift, and will report as ordered.

1008.9 CRIMINAL INVESTIGATION

Where a member is accused of potential criminal conduct, a separate supervisor or investigator

shall be assigned to investigate the criminal allegations apart from any administrative investigation.

Any separate administrative investigation may parallel a criminal investigation.

The Chief of Police shall be notified as soon as practicable when a member is accused of criminal

conduct. The Chief of Police may request a criminal investigation by an outside law enforcement

agency.

A member accused of criminal conduct shall be advised of his/her constitutional rights

(Government Code § 3303(h)). The member should not be administratively ordered to provide

any information in the criminal investigation.

The Sonoma State University Police Department may release information concerning the arrest

or detention of any member, including an officer, that has not led to a conviction. No disciplinary

action should be taken until an independent administrative investigation is conducted.

1008.10 POST-ADMINISTRATIVE INVESTIGATION PROCEDURES

Upon completion of a formal investigation, an investigation report should be forwarded to the Chief

of Police through the chain of command. Each level of command should review the report and

include his/her comments in writing before forwarding the report. The Chief of Police may accept

or modify any classification or recommendation for disciplinary action.

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1008.10.1 DIVISION COMMANDER RESPONSIBILITIES

Upon receipt of any completed personnel investigation, the Lieutenant of the involved member

shall review the entire investigative file, the member's personnel file and any other relevant

materials.

The Lieutenant may make recommendations regarding the disposition of any allegations and the

amount of discipline, if any, to be imposed.

Prior to forwarding recommendations to the Chief of Police, the Lieutenant may return the entire

investigation to the assigned investigator or supervisor for further investigation or action.

When forwarding any written recommendation to the Chief of Police, the Lieutenant shall include

all relevant materials supporting the recommendation. Actual copies of a member's existing

personnel file need not be provided and may be incorporated by reference.

1008.10.2 CHIEF OF POLICE RESPONSIBILITIES

Upon receipt of any written recommendation for disciplinary action, the Chief of Police shall

review the recommendation and all accompanying materials. The Chief of Police may modify any

recommendation and/or may return the file to the Lieutenant for further investigation or action.

Once the Chief of Police is satisfied that no further investigation or action is required by staff, the

Chief of Police shall determine the amount of discipline, if any, that should be imposed. In the

event disciplinary action is proposed, the Chief of Police shall provide the member with a pre-

disciplinary procedural due process hearing (Skelly) by providing written notice of the charges,

proposed action and reasons for the proposed action. Written notice shall be provided within one

year from the date of discovery of the misconduct (Government Code § 3304(d)). The Chief of

Police shall also provide the member with:

(a) Access to all of the materials considered by the Chief of Police in recommending the

proposed discipline.

(b) An opportunity to respond orally or in writing to the Chief of Police within five days of

receiving the notice.

1. Upon a showing of good cause by the member, the Chief of Police may grant a

reasonable extension of time for the member to respond.

2. If the member elects to respond orally, the presentation may be recorded by

the Department. Upon request, the member shall be provided with a copy of the

recording.

Once the member has completed his/her response or if the member has elected to waive any such

response, the Chief of Police shall consider all information received in regard to the recommended

discipline. The Chief of Police shall render a timely written decision to the member and specify

the grounds and reasons for discipline and the effective date of the discipline. Once the Chief of

Police has issued a written decision, the discipline shall become effective.

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1008.10.3 NOTICE OF FINAL DISPOSITION TO THE COMPLAINANT

The Chief of Police or the authorized designee shall ensure that the complainant is notified of the

disposition (i.e., sustained, not sustained, exonerated, unfounded) of the complaint (Penal Code

§ 832.7(f)).

1008.10.4 NOTICE REQUIREMENTS

The disposition of any civilian’s complaint shall be released to the complaining party within 30

days of the final disposition. This release shall not include what discipline, if any, was imposed

(Penal Code § 832.7(f)).

1008.11 PRE-DISCIPLINE EMPLOYEE RESPONSE

The pre-discipline process is intended to provide the accused employee with an opportunity to

present a written or oral response to the Chief of Police after having had an opportunity to review

the supporting materials and prior to imposition of any recommended discipline. The employee

shall consider the following:

(a) The response is not intended to be an adversarial or formal hearing.

(b) Although the employee may be represented by an uninvolved representative or legal

counsel, the response is not designed to accommodate the presentation of testimony

or witnesses.

(c) The employee may suggest that further investigation could be conducted or the

employee may offer any additional information or mitigating factors for the Chief of

Police to consider.

(d) In the event that the Chief of Police elects to cause further investigation to be

conducted, the employee shall be provided with the results prior to the imposition of

any discipline.

(e) The employee may thereafter have the opportunity to further respond orally or in

writing to the Chief of Police on the limited issues of information raised in any

subsequent materials.

1008.12 RESIGNATIONS/RETIREMENTS PRIOR TO DISCIPLINE

In the event that a member tenders a written resignation or notice of retirement prior to the

imposition of discipline, it shall be noted in the file. The tender of a resignation or retirement by

itself shall not serve as grounds for the termination of any pending investigation or discipline.

1008.13 POST-DISCIPLINE APPEAL RIGHTS

Non-probationary employees have the right to appeal a suspension without pay, punitive transfer,

demotion, reduction in pay or step, or termination from employment. The employee has the right to

appeal using the procedures established by any collective bargaining agreement, Memorandum

of Understanding and/or personnel rules.

In the event of punitive action against an employee covered by the POBR, the appeal process

shall be in compliance with Government Code § 3304 and Government Code § 3304.5.

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During any administrative appeal, evidence that an officer has been placed on a Brady list or is

otherwise subject to Brady restrictions may not be introduced unless the underlying allegations

of misconduct have been independently established. Thereafter, such Brady evidence shall be

limited to determining the appropriateness of the penalty (Government Code § 3305.5).

1008.14 PROBATIONARY EMPLOYEES AND OTHER MEMBERS

At-will and probationary employees and those members other than non-probationary employees

may be released from employment for non-disciplinary reasons (e.g., failure to meet standards)

without adherence to the procedures set forth in this policy or any right to appeal. However, any

probationary officer subjected to an investigation into allegations of misconduct shall be entitled

to those procedural rights, as applicable, set forth in the POBR (Government Code § 3303;

Government Code § 3304).

At-will, probationary employees and those other than non-probationary employees subjected to

discipline or termination as a result of allegations of misconduct shall not be deemed to have

acquired a property interest in their position, but shall be given the opportunity to appear before

the Chief of Police or authorized designee for a non-evidentiary hearing for the sole purpose of

attempting to clear their name or liberty interest. There shall be no further opportunity for appeal

beyond the liberty interest hearing and the decision of the Chief of Police shall be final.

1008.15 RETENTION OF PERSONNEL INVESTIGATION FILES

All personnel complaints shall be maintained in accordance with the established records retention

schedule and as described in the Personnel Records Policy.

Policy

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Seat Belts

1009.1 PURPOSE AND SCOPE

This policy establishes guidelines for the use of seat belts and child restraints. This policy will

apply to all members operating or riding in department vehicles (Vehicle Code § 27315.5).

1009.1.1 DEFINITIONS

Definitions related to this policy include:

Child restraint system - An infant or child passenger restraint system that meets Federal Motor

Vehicle Safety Standards (FMVSS) and Regulations set forth in 49 CFR 571.213.

1009.2 POLICY

It is the policy of the Sonoma State University Police Department that members use safety and

child restraint systems to reduce the possibility of death or injury in a motor vehicle collision.

1009.3 WEARING OF SAFETY RESTRAINTS

All members shall wear properly adjusted safety restraints when operating or riding in a seat

equipped with restraints, in any vehicle owned, leased or rented by this department while on- or

off-duty, or in any privately owned vehicle while on-duty. The member driving such a vehicle shall

ensure that all other occupants, including non-members, are also properly restrained.

Exceptions to the requirement to wear safety restraints may be made only in exceptional situations

where, due to unusual circumstances, wearing a seat belt would endanger the member or the

public. Members must be prepared to justify any deviation from this requirement.

1009.4 TRANSPORTING CHILDREN

Children under the age of 8 shall be transported in compliance with California’s child restraint

system requirements (Vehicle Code § 27360; Vehicle Code § 27363).

Rear seat passengers in a cage-equipped vehicle may have reduced clearance, which requires

careful seating and positioning of seat belts. Due to this reduced clearance, and if permitted by

law, children and any child restraint system may be secured in the front seat of such vehicles

provided this positioning meets federal safety standards and the vehicle and child restraint system

manufacturer’s design and use recommendations. In the event that a child is transported in the

front seat of a vehicle, the seat should be pushed back as far as possible and the passenger-

side airbag should be deactivated. If this is not possible, members should arrange alternate

transportation when feasible. A child shall not be transported in a rear-facing child restraint system

in the front seat in a vehicle that is equipped with an active frontal passenger airbag (Vehicle Code

§ 27363).

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1009.5 TRANSPORTING SUSPECTS, PRISONERS OR ARRESTEES

Suspects, prisoners and arrestees should be in a seated position and secured in the rear seat of

any department vehicle with a prisoner restraint system or, when a prisoner restraint system is

not available, by seat belts provided by the vehicle manufacturer. The prisoner restraint system

is not intended to be a substitute for handcuffs or other appendage restraints.

Prisoners in leg restraints shall be transported in accordance with the Handcuffing and Restraints

Policy.

1009.6 INOPERABLE SEAT BELTS

Department vehicles shall not be operated when the seat belt in the driver's position is inoperable.

Persons shall not be transported in a seat in which the seat belt is inoperable.

Department vehicle seat belts shall not be modified, removed, deactivated or altered in any

way, except by the vehicle maintenance and repair staff, who shall do so only with the express

authorization of the Chief of Police.

Members who discover an inoperable restraint system shall report the defect to the appropriate

supervisor. Prompt action will be taken to replace or repair the system.

1009.7 VEHICLES MANUFACTURED WITHOUT SEAT BELTS

Vehicles manufactured and certified for use without seat belts or other restraint systems are

subject to the manufacturer’s operator requirements for safe use.

1009.8 VEHICLE AIRBAGS

In all vehicles equipped with airbag restraint systems, the system will not be tampered with or

deactivated, except when transporting children as written elsewhere in this policy. All equipment

installed in vehicles equipped with airbags will be installed as per the vehicle manufacturer

specifications to avoid the danger of interfering with the effective deployment of the airbag device.

Policy

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Body Armor

1010.1 PURPOSE AND SCOPE

The purpose of this policy is to provide law enforcement officers with guidelines for the proper

use of body armor.

1010.2 POLICY

It is the policy of the Sonoma State University Police Department to maximize officer safety

through the use of body armor in combination with prescribed safety procedures. While body

armor provides a significant level of protection, it is not a substitute for the observance of officer

safety procedures.

1010.3 ISSUANCE OF BODY ARMOR

The Administration supervisor shall ensure that body armor is issued to all officers when the officer

begins service at the Sonoma State University Police Department and that, when issued, the body

armor meets or exceeds the standards of the National Institute of Justice.

The Administration supervisor shall establish a body armor replacement schedule and ensure that

replacement body armor is issued pursuant to the schedule or whenever the body armor becomes

worn or damaged to the point that its effectiveness or functionality has been compromised.

1010.3.1 USE OF SOFT BODY ARMOR

Generally, the use of body armor is required subject to the following:

(a)

Officers shall only wear agency-approved body armor.

(b)

Officers shall wear body armor anytime they are in a situation where they could

reasonably be expected to take enforcement action.

(c)

Officers may be excused from wearing body armor when they are functioning primarily

in an administrative or support capacity and could not reasonably be expected to take

enforcement action.

(d)

Body armor shall be worn when an officer is working in uniform or taking part

in Department range training.

(e)

An officer may be excused from wearing body armor when he/she is involved

in undercover or plainclothes work that his/her supervisor determines could be

compromised by wearing body armor, or when a supervisor determines that other

circumstances make it inappropriate to mandate wearing body armor.

1010.3.2 INSPECTIONS OF BODY ARMOR

Supervisors should ensure that body armor is worn and maintained in accordance with this policy

through routine observation and periodic documented inspections. Annual inspections of body

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armor should be conducted by an authorized designee for fit, cleanliness, and signs of damage,

abuse and wear.

1010.3.3 CARE AND MAINTENANCE OF SOFT BODY ARMOR

Soft body armor should never be stored for any period of time in an area where environmental

conditions (e.g., temperature, light, humidity) are not reasonably controlled (e.g., normal ambient

room temperature/humidity conditions), such as in automobiles or automobile trunks.

Soft body armor should be cared for and cleaned pursuant to the manufacturer’s care instructions

provided with the soft body armor. The instructions can be found on labels located on the external

surface of each ballistic panel. The carrier should also have a label that contains care instructions.

Failure to follow these instructions may damage the ballistic performance capabilities of the armor.

If care instructions for the soft body armor cannot be located, contact the manufacturer to request

care instructions.

Soft body armor should not be exposed to any cleaning agents or methods not specifically

recommended by the manufacturer, as noted on the armor panel label.

Soft body armor should be replaced in accordance with the manufacturer’s recommended

replacement schedule.

1010.4 RANGEMASTER RESPONSIBILITIES

The Rangemaster should:

(a)

Monitor technological advances in the body armor industry for any appropriate

changes to Department approved body armor.

(b)

Assess weapons and ammunition currently in use and the suitability of approved body

armor to protect against those threats.

(c)

Provide training that educates officers about the safety benefits of wearing body armor.

Policy

1011

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Personnel Records

1011.1 PURPOSE AND SCOPE

This policy governs maintenance and access to personnel records. Personnel records include any

file maintained under an individual member's name._

1011.2 POLICY

It is the policy of this department to maintain personnel records and preserve the confidentiality of

personnel records pursuant to the Constitution and the laws of California (Penal Code § 832.7).

1011.3 DEPARTMENT FILE

The department file shall be maintained as a record of a person’s employment/appointment with

this department. The department file should contain, at a minimum:

(a) Personal data, including photographs, marital status, names of family members,

educational and employment history, or similar information. A photograph of the

member should be permanently retained.

(b) Election of employee benefits.

(c) Personnel action reports reflecting assignments, promotions, and other changes in

employment/appointment status. These should be permanently retained.

(d) Original performance evaluations. These should be permanently maintained.

(e) Discipline records, including copies of sustained personnel complaints.

1. Disciplinary action resulting from sustained internally initiated complaints or

observation of misconduct shall be maintained pursuant to the established

records retention schedule and at least two years (Government Code § 26202;

Government Code § 34090).

2. Disciplinary action resulting from a sustained civilian's complaint shall be

maintained pursuant to the established records retention schedule and at least

five years (Penal Code § 832.5).

(f) Adverse comments such as supervisor notes or memos may be retained in the

department file after the member has had the opportunity to read and initial the

comment (Government Code § 3305).

1. Once a member has had an opportunity to read and initial any adverse comment,

the member shall be given the opportunity to respond in writing to the adverse

comment within 30 days (Government Code § 3306).

2. Any member response shall be attached to and retained with the original adverse

comment (Government Code § 3306).

3. If a member refuses to initial or sign an adverse comment, at least one supervisor

should note the date and time of such refusal on the original comment and the

member should sign or initial the noted refusal. Such a refusal, however, shall

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not be deemed insubordination, nor shall it prohibit the entry of the adverse

comment into the member's file (Government Code § 3305).

(g) Commendations and awards.

(h) Any other information, the disclosure of which would constitute an unwarranted

invasion of personal privacy.

1011.4 SECTION FILE

Section files may be separately maintained internally by a member's supervisor for the purpose of

completing timely performance evaluations. The Section file may contain supervisor comments,

notes, notices to correct and other materials that are intended to serve as a foundation for the

completion of timely performance evaluations.

All materials intended for this interim file shall be provided to the employee prior to being placed

in the file in accordance with Government Code § 3305 and Government Code § 3306.

1011.5 TRAINING FILE

An individual training file shall be maintained by the Training Sergeant for each member. Training

files will contain records of all training; original or photocopies of available certificates, transcripts,

diplomas and other documentation; and education and firearms qualifications. Training records

may also be created and stored remotely, either manually or automatically (e.g., Daily Training

Bulletin (DTB) records)._

(a) The involved member is responsible for providing the Training Sergeant or immediate

supervisor with evidence of completed training/education in a timely manner.

(b) The Training Sergeant or supervisor shall ensure that copies of such training records

are placed in the member’s training file.

1011.6 INTERNAL AFFAIRS FILE

Internal affairs files shall be maintained under the exclusive control of the Chief of Police or

designee in conjunction with the office of the Chief of Police. Access to these files may only be

approved by the Chief of Police or the Chief of Police or designee supervisor.

These files shall contain the complete investigation of all formal complaints of member misconduct,

regardless of disposition (Penal Code § 832.12). Investigations of complaints that result in the

following findings shall not be placed in the member's file but will be maintained in the internal

affairs file:

(a) Not sustained

(b) Unfounded

(c) Exonerated

Investigation files arising out of civilian’s complaints shall be maintained pursuant to the

established records retention schedule and for a period of at least five years. Investigations that

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resulted in other than a sustained finding may not be used by the Department to adversely affect

an employee’s career (Penal Code § 832.5).

Investigation files arising out of internally generated complaints shall be maintained pursuant to

the established records retention schedule and for at least two years (Government Code § 26202;

Government Code § 34090)._

1011.7 MEDICAL FILE

A medical file shall be maintained separately from all other personnel records and shall contain

all documents relating to the member’s medical condition and history, including but not limited to:

(a) Materials relating to a medical leave of absence, including leave under the Family and

Medical Leave Act (FMLA).

(b) Documents relating to workers’ compensation claims or the receipt of short- or long-

term disability benefits.

(c) Fitness-for-duty examinations, psychological and physical examinations, follow-up

inquiries and related documents.

(d) Medical release forms, doctor’s slips and attendance records that reveal a member’s

medical condition.

(e) Any other documents or materials that reveal the member’s medical history or

medical condition, including past, present or future anticipated mental, psychological

or physical limitations.

1011.8 SECURITY

Personnel records should be maintained in a secured location and locked either in a cabinet

or access-controlled room. Personnel records maintained in an electronic format should have

adequate password protection.

Personnel records are subject to disclosure only as provided in this policy, the Records

Maintenance and Release Policy or according to applicable discovery procedures.

Nothing in this policy is intended to preclude review of personnel records by the Vice President

for Administration and Finance, CSU Legal Counsel or other attorneys or representatives of the

State in connection with official business._

1011.8.1 REQUESTS FOR DISCLOSURE

Any member receiving a request for a personnel record shall promptly notify the Custodian of

Records or other person charged with the maintenance of such records.

Upon receipt of any such request, the responsible person shall notify the affected member as

soon as practicable that such a request has been made (Evidence Code § 1043).

The responsible person shall further ensure that an appropriate response to the request is made

in a timely manner, consistent with applicable law. In many cases, this may require assistance

of available legal counsel.

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All requests for disclosure that result in access to a member’s personnel records shall be logged

in the corresponding file._

1011.8.2 RELEASE OF PERSONNEL INFORMATION

Personnel records shall not be disclosed except as allowed by law (Penal Code § 832.7; Evidence

Code § 1043) (See also Records Maintenance and Release Policy).

Any person who maliciously, and with the intent to obstruct justice or the due administration of the

laws, publishes, disseminates, or otherwise discloses the residence address or telephone number

of any member of this department may be guilty of a misdemeanor (Penal Code § 146e).

The Department may release any factual information concerning a disciplinary investigation if the

member who is the subject of the investigation (or the member's representative) publicly makes

a statement that is published in the media and that the member (or representative) knows to be

false. The disclosure of such information, if any, shall be limited to facts that refute any such false

statement (Penal Code § 832.7).

1011.9 RELEASE OF PERSONNEL RECORDS AND RECORDS RELATED TO CERTAIN

INCIDENTS, COMPLAINTS, AND INVESTIGATIONS OF OFFICERS

Personnel records and records related to certain incidents, complaints, and investigations of

officers shall be released pursuant to a proper request under the Public Records Act and subject

to redaction and delayed release as provided by law.

The Custodian of Records should work as appropriate with the Chief of Police or the Chief of Police

or designee supervisor in determining what records may qualify for disclosure when a request for

records is received and if the requested record is subject to redaction or delay from disclosure.

For purposes of this section, a record includes (Penal Code § 832.7(b)(2)):

•

All investigation reports.

•

Photographic, audio, and video evidence.

•

Transcripts or recordings of interviews.

•

Autopsy reports.

•

All materials compiled and presented for review to the District Attorney or to any person

or body charged with determining whether to file criminal charges against an officer in

connection with an incident, or whether the officer’s action was consistent with law and

department policy for purposes of discipline or administrative action, or what discipline

to impose or corrective action to take.

•

Documents setting forth findings or recommending findings.

•

Copies of disciplinary records relating to the incident, including any letters of intent

to impose discipline, any documents reflecting modifications of discipline due to the

Skelly or grievance process, and letters indicating final imposition of discipline or other

documentation reflecting implementation of corrective action.

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Unless a record or information is confidential or qualifies for delayed disclosure as provided by

Penal Code § 832.7(b)(7) or other law, the following records shall be made available for public

inspection upon request (Penal Code § 832.7):

(a) Records relating to the report, investigation, or findings of:

1. The discharge of a firearm at another person by an officer.

2. The use of force against a person resulting in death or in great bodily injury (as

defined by Penal Code § 243(f)(4)) by an officer.

(b) Records relating to an incident where a sustained finding (see the Personnel

Complaints Policy) was made by the department or oversight agency regarding:

1. An officer engaged in sexual assault of a member of the public (as defined by

Penal Code § 832.7(b)).

2. Dishonesty of an officer relating to the reporting, investigation, or prosecution of

a crime, or directly relating to the reporting of, or investigation of misconduct by,

another officer, including but not limited to any sustained finding of perjury, false

statements, filing false reports, destruction, falsifying, or concealing of evidence.

A record from a separate and prior investigation or assessment of a separate incident shall not

be released unless it is independently subject to disclosure (Penal Code § 832.7(b)(3)).

When an investigation involves multiple officers, the Department shall not release information

about allegations of misconduct or the analysis or disposition of an investigation of an officer unless

it relates to a sustained finding of a qualified allegation as provided by Penal Code § 832.7(b)(4)

against the officer. However, factual information about the action of the officer during an incident

or the statements of an officer shall be released if the statements are relevant to a sustained

finding of the qualified allegation against another officer that is subject to release (Penal Code

§ 832.7(b)(4)).

1011.9.1 REDACTION

The Custodian of Records, in consultation with the Chief of Police or authorized designee, shall

redact the following portions of records made available for release (Penal Code § 832.7(b)(5)):

(a) Personal data or information (e.g., home address, telephone number, identities of

family members) other than the names and work-related information of officers

(b) Information that would compromise the anonymity of complainants and witnesses

(c) Confidential medical, financial, or other information where disclosure is prohibited by

federal law or would cause an unwarranted invasion of personal privacy that clearly

outweighs the strong public interest in records about misconduct and serious use of

force

(d) Where there is a specific, articulable, and particularized reason to believe that

disclosure of the record would pose a significant danger to the physical safety of the

officer or another person

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Additionally, a record may be redacted, including redacting personal identifying information,

where, on the facts of the particular case, the public interest served by not disclosing the

information clearly outweighs the public interest served by disclosing it (Penal Code § 832.7(b)(6)).

1011.9.2 NOTICE OF DELAY OF RECORDS

When there is justification for delay of disclosure of records relating to the discharge of a firearm

or use of force resulting in death or in great bodily injury during an active criminal investigation,

the Custodian of Records shall provide written notice of the reason for any delay to a requester

as follows (Penal Code § 832.7):

(a) Provide the specific basis for the determination that the interest in delaying disclosure

clearly outweighs the public interest in disclosure. The notice shall also include the

estimated date for the disclosure of the withheld information.

(b) When delay is continued beyond the initial 60 days because of criminal enforcement

proceedings against anyone, at 180-day intervals provide the specific basis that

disclosure could reasonably be expected to interfere with a criminal enforcement

proceeding and the estimated date for disclosure.

1. Information withheld shall be disclosed when the specific basis for withholding

the information is resolved, the investigation or proceeding is no longer active, or

no later than 18 months after the date of the incident, whichever occurs sooner,

unless:

(a) When the criminal proceeding is against someone other than an officer and

there are extraordinary circumstances to warrant a continued delay due

to the ongoing criminal investigation or proceeding, then the Department

must show by clear and convincing evidence that the interest in preventing

prejudice to the active and ongoing criminal investigation or proceeding

outweighs the public interest for prompt disclosure of records about use

of serious force by officers.

In cases where an action to compel disclosure is brought pursuant to Government Code § 6258,

the Department may justify delay by filing an application to seal the basis for withholding if

disclosure of the written basis itself would impact a privilege or compromise a pending investigation

(Penal Code § 832.7(b)(7)).

1011.9.3 DELAY OF RELEASE

Unless otherwise directed by the Chief of Police, the Custodian of Records should consult with a

supervisor familiar with the underlying investigation to determine whether to delay disclosure of

records relating to the discharge of a firearm or use of force resulting in death or in great bodily

injury due to any of the following conditions (Penal Code § 832.7):

(a) Active criminal investigations

1. Disclosure may be delayed 60 days from the date the use of force occurred or

until the District Attorney determines whether to file criminal charges, whichever

occurs sooner.

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2. After the initial 60 days, delay of disclosure may be continued if the

disclosure could reasonably be expected to interfere with a criminal enforcement

proceeding against an officer or against someone other than an officer who used

the force.

(b) Filed criminal charges

1. When charges are filed related to an incident where force was used, disclosure

may be delayed until a verdict on those charges is returned at trial or, if a plea

of guilty or no contest is entered, the time to withdraw the plea has passed.

(c) Administrative investigations

1. Disclosure may be delayed until whichever occurs later:

(a) There is a determination from the investigation whether the use of force

violated law or department policy, but no longer than 180 days after the

date of the department’s discovery of the use of force or allegation of use

of force

(b) Thirty days after the close of any criminal investigation related to the

officer’s use of force

1011.10 MEMBER ACCESS TO HIS/HER OWN PERSONNEL RECORDS

Any member may request access to his/her own personnel records during the normal business

hours of those responsible for maintaining such files. Any member seeking the removal of any

item from his/her personnel records shall file a written request to the Chief of Police through the

chain of command. The Department shall remove any such item if appropriate, or within 30 days

provide the member with a written explanation of why the contested item will not be removed. If

the contested item is not removed from the file, the member’s request and the written response

from the Department shall be retained with the contested item in the member’s corresponding

personnel record (Government Code § 3306.5).

Members may be restricted from accessing files containing any of the following information:

(a) An ongoing internal affairs investigation to the extent that it could jeopardize or

compromise the investigation pending final disposition or notice to the member of the

intent to discipline. However, if an officer is given notice of a second or subsequent

interview, he/she is entitled to information obtained after the first interview was

conducted before any second or subsequent interview is conducted.

(b) Confidential portions of internal affairs files that have not been sustained against the

member.

(c) Criminal investigations involving the member.

(d) Letters of reference concerning employment/appointment, licensing or issuance of

permits regarding the member.

(e) Any portion of a test document, except the cumulative total test score for either a

section of the test document or for the entire test document.

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(f) Materials used by the Department for staff management planning, including judgments

or recommendations concerning future salary increases and other wage treatments,

management bonus plans, promotions and job assignments or other comments or

ratings used for department planning purposes.

(g) Information of a personal nature about a person other than the member if disclosure of

the information would constitute a clearly unwarranted invasion of the other person's

privacy.

(h) Records relevant to any other pending claim between the Department and the member

that may be discovered in a judicial proceeding.

1011.11 RETENTION AND PURGING

Unless provided otherwise in this policy, personnel records shall be maintained in accordance

with the established records retention schedule.

(a) During the preparation of each member’s performance evaluation, all personnel

complaints and disciplinary actions should be reviewed to determine the relevancy,

if any, to progressive discipline, training and career development. Each supervisor

responsible for completing the member's performance evaluation should determine

whether any prior sustained disciplinary file should be retained beyond the required

period for reasons other than pending litigation or other ongoing legal proceedings.

(b) If a supervisor determines that records of prior discipline should be retained beyond

the required period, approval for such retention should be obtained through the chain

of command from the Chief of Police.

(c) If, in the opinion of the Chief of Police, a personnel complaint or disciplinary action

maintained beyond the required retention period is no longer relevant, all records of

such matter may be destroyed in accordance with the established records retention

schedule._

Policy

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Request for Change of Assignment

1012.1 PURPOSE AND SCOPE

It is the intent of the Department that all requests for change of assignment are considered

equally. To facilitate the selection process, the following procedure is established whereby all such

requests will be reviewed on an equal basis as assignments are made.

1012.2 REQUEST FOR CHANGE OF ASSIGNMENT

Personnel wishing a change of assignment are to complete a Request for Change of Assignment

form. The form should then be forwarded through the chain of command to their Lieutenant.

1012.2.1 PURPOSE OF FORM

The form is designed to aid employees in listing their qualifications for specific assignments. All

relevant experience, education and training should be included when completing this form.

All assignments an employee is interested in should be listed on the form.

The Request for Change of Assignment form will remain in effect until the end of the calendar

year in which it was submitted. Effective January 1

st

of each year, employees still interested in

new positions will need to complete and submit a new Change of Assignment Request form.

1012.3 SUPERVISOR'S COMMENTARY

The officer’s immediate supervisor shall make appropriate comments in the space provided on

the form before forwarding it to the Lieutenant of the employee involved. In the case of patrol

officers, the Watch Commander must comment on the request with his/her recommendation

before forwarding the request to the Lieutenant. If the Watch Commander does not receive the

Change of Assignment Request Form, the Lieutenant will initial the form and return it to the

employee without consideration.

Policy

1013

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Commendations and Awards

1013.1 PURPOSE AND SCOPE

This policy provides general guidelines for recognizing commendable or meritorious acts of

members of the Sonoma State University Police Department and individuals from the community.

1013.2 POLICY

It is the policy of the Sonoma State University Police Department to recognize and acknowledge

exceptional individual or group achievements, performance, proficiency, heroism and service of

its members and individuals from the community through commendations and awards.

1013.3 COMMENDATIONS

Commendations for members of the Department or for individuals from the community may be

initiated by any department member or by any person from the community.

1013.4 CRITERIA

A meritorious or commendable act may include, but is not limited to:

•

Superior handling of a difficult situation.

•

Conspicuous bravery or outstanding performance.

•

Any action or performance that is above and beyond typical duties.

1013.4.1 DEPARTMENT MEMBER DOCUMENTATION

Members of the Department should document meritorious or commendable acts. The

documentation should contain:

(a) Identifying information:

1. For members of the Department - name, section and assignment at the date

and time of the meritorious or commendable act

2. For individuals from the community - name, address, telephone number

(b) A brief account of the meritorious or commendable act with report numbers, as

appropriate.

(c) The signature of the member submitting the documentation.

1013.4.2 COMMUNITY MEMBER DOCUMENTATION

Documentation of a meritorious or commendable act submitted by a person from the community

should be accepted in any form. However, written documentation is preferred. Department

members accepting the documentation should attempt to obtain detailed information regarding

the matter, including:

(a) Identifying information:

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1. For members of the Department - name, section and assignment at the date

and time of the meritorious or commendable act

2. For individuals from the community - name, address, telephone number

(b) A brief account of the meritorious or commendable act with report numbers, as

appropriate.

(c) The signature of the person submitting the documentation.

1013.4.3 PROCESSING DOCUMENTATION

Documentation regarding the meritorious or commendable act of a member of the Department

should be forwarded to the appropriate Lieutenant for his/her review. The Lieutenant should sign

and forward the documentation to the Chief of Police for his/her review.

The Chief of Police or the authorized designee will present the commendation to the department

member for his/her signature. The documentation will then be returned to the Administration

secretary for entry into the member’s personnel file.

Documentation regarding the meritorious or commendable act of an individual from the community

should be forwarded to the Administration Lieutenant. The documentation will be signed by

the Lieutenant and forwarded to the Chief of Police for his/her review. An appropriate venue

or ceremony to acknowledge the individual’s actions should be arranged. Documentation of the

commendation shall be maintained in a file designated for such records.

1013.5 AWARDS

Awards may be bestowed upon members of the Department and individuals from the community.

These awards include:

•

Award of Merit.

•

Award of Valor.

•

Lifesaving Award.

•

Meritorious Conduct.

Criteria for each award and the selection, presentation and display of any award are determined

by the Chief of Police.

Policy

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Lactation Break Policy

1014.1 PURPOSE AND SCOPE

The purpose of this policy is to provide reasonable accommodations to employees desiring to

express breast milk for the employee’s infant child (Labor Code § 1034).

1014.2 POLICY

It is the policy of this department to provide, in compliance with the Fair Labor Standards Act,

reasonable break time and appropriate facilities to accommodate any employee desiring to

express breast milk for her nursing infant child (29 USC § 207; Labor Code § 1030).

1014.3 LACTATION BREAK TIME

A rest period should be permitted each time the employee has the need to express breast milk (29

USC § 207; Labor Code § 1030). In general, lactation breaks that cumulatively total 30 minutes

or less during any four-hour work period or major portion of a four-hour work period would be

considered reasonable. However, individual circumstances may require more or less time. Such

breaks, if feasible, should be taken at the same time as the employee’s regularly scheduled rest

or meal periods.

While a reasonable effort will be made to provide additional time beyond authorized breaks, any

such time exceeding regularly scheduled and paid break time will be unpaid (Labor Code § 1030).

Employees desiring to take a lactation break shall notify Dispatch or a supervisor prior to taking

such a break. Such breaks may be reasonably delayed if they would seriously disrupt department

operations (Labor Code § 1032).

Once a lactation break has been approved, the break should not be interrupted except for

emergency or exigent circumstances.

1014.4 PRIVATE LOCATION

The Department will make reasonable efforts to accommodate employees with the use of an

appropriate room or other location to express milk in private. Such room or place should be in

close proximity to the employee’s work area and shall be other than a bathroom or toilet stall. The

location must be shielded from view and free from intrusion from co-workers and the public (29

USC § 207; Labor Code § 1031).

Employees occupying such private areas shall either secure the door or otherwise make it clear

to others that the area is occupied with a need for privacy. All other employees should avoid

interrupting an employee during an authorized break, except to announce an emergency or other

urgent circumstance.

Authorized lactation breaks for employees assigned to the field may be taken at the nearest

appropriate private area.

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1014.5 STORAGE OF EXPRESSED MILK

Any employee storing expressed milk in any authorized refrigerated area within the Department

shall clearly label it as such and shall remove it when the employee ends her shift.

1014.5.1 STATE REQUIREMENTS

Employees have the right to request lactation accommodations. If a break time or location

accommodation cannot be provided, the supervisor shall provide the member with a written

response regarding the reasons for the determination (Labor Code § 1034).

Lactation rooms or other locations should comply with the prescribed feature and access

requirements of Labor Code § 1031.

Employees who believe that their rights have been violated under this policy or have been the

subject of discrimination or retaliation for exercising or attempting to exercise their rights under

this policy, are encouraged to follow the chain of command in reporting a violation, but may also

file a complaint directly with the Labor Commissioner (Labor Code § 1033).

Policy

1015

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Occupational Disease and Work-Related Injury

Reporting

1015.1 PURPOSE AND SCOPE

The purpose of this policy is to provide guidance regarding the timely reporting of occupational

diseases, mental health issues, and work-related injuries.

1015.1.1 DEFINITIONS

Definitions related to this policy include:

Occupational disease or work-related injury - An injury, disease, or mental health issue arising

out of employment (Labor Code § 3208; Labor Code § 3208.3; Labor Code § 3212 et seq.).

1015.2 POLICY

The Sonoma State University Police Department will address occupational diseases and work-

related injuries appropriately, and will comply with applicable state workers’ compensation

requirements (Labor Code § 3200 et seq.).

1015.3 RESPONSIBILITIES

1015.3.1 MEMBER RESPONSIBILITIES

Any member sustaining any occupational disease or work-related injury shall report such event

as soon as practicable, but within 24 hours, to a supervisor, and shall seek medical care when

appropriate (8 CCR 14300.35).

1015.3.2 SUPERVISOR RESPONSIBILITIES

A supervisor learning of any occupational disease or work-related injury should ensure the

member receives medical care as appropriate.

Supervisors shall ensure that required documents regarding workers’ compensation are

completed and forwarded promptly. Any related Statewide disease- or injury-reporting protocol

shall also be followed.

Supervisors shall determine whether the Major Incident Notification and Illness and Injury

Prevention policies apply and take additional action as required.

1015.3.3 LIEUTENANT RESPONSIBILITIES

The Lieutenant who receives a report of an occupational disease or work-related injury should

review the report for accuracy and determine what additional action should be taken. The report

shall then be forwarded to the Chief of Police, the State’s risk management entity, and the

Administration Lieutenant to ensure any required Division of Occupational Health and Safety

Administration (Cal/OSHA) reporting is made as required in the illness and injury prevention plan

identified in the Illness and Injury Prevention Policy.

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1015.3.4 CHIEF OF POLICE RESPONSIBILITIES

The Chief of Police shall review and forward copies of the report to the Department of Human

Resources. Copies of the report and related documents retained by the Department shall be filed

in the member’s confidential medical file.

1015.4 OTHER DISEASE OR INJURY

Diseases and injuries caused or occurring on-duty that do not qualify for workers’ compensation

reporting shall be documented on the designated report of injury form, which shall be signed by a

supervisor. A copy of the completed form shall be forwarded to the appropriate Lieutenant through

the chain of command and a copy sent to the Administration Lieutenant.

Unless the injury is extremely minor, this report shall be signed by the affected member, indicating

that he/she desired no medical attention at the time of the report. By signing, the member does

not preclude his/her ability to later seek medical attention.

1015.5 SETTLEMENT OFFERS

When a member sustains an occupational disease or work-related injury that is caused by

another person and is subsequently contacted by that person, his/her agent, insurance company

or attorney and offered a settlement, the member shall ensure that the offered settlement

will not affect any claim the State may have regarding payment for damage to equipment or

reimbursement for wages against the person who caused the disease or injury, or the State's right

of subrogation.

Policy

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Uniform Regulations

1017.1 PURPOSE AND SCOPE

The uniform policy of the Sonoma State University Police Department is established to ensure

that uniformed officers will be readily identifiable to the public through the proper use and wearing

of department uniforms. Employees should also refer to the following associated policies:

Department Owned and Personal Property

Body Armor

Personal Appearance Standards

The Uniform and Equipment Specifications manual is maintained and periodically updated by

the Chief of Police or his/her designee. That manual should be consulted regarding authorized

equipment and uniform specifications.

The Sonoma State University Police Department will provide uniforms for all employees required

to wear them in the manner, quantity and frequency agreed upon in the respective employee

group’s collective bargaining agreement.

1017.2 WEARING AND CONDITION OF UNIFORM AND EQUIPMENT

Police employees wear the uniform to be identified as the law enforcement authority in society. The

uniform also serves an equally important purpose to identify the wearer as a source of assistance

in an emergency, crisis, or other time of need.

(a) Uniform and equipment shall be maintained in a serviceable condition and shall be

ready at all times for immediate use. Uniforms shall be neat, clean, and appear

professionally pressed.

(b) All peace officers of this department shall possess and maintain at all times, a

serviceable uniform and the necessary equipment to perform uniformed field duty.

(c) Personnel shall wear only the uniform specified for their rank and assignment (Penal

Code § 13655).

(d) The uniform is to be worn in compliance with the specifications set forth in the

department’s uniform specifications that are maintained separately from this policy.

(e) All supervisors will perform periodic inspections of their personnel to ensure

conformance to these regulations.

(f) Civilian attire shall not be worn in combination with any distinguishable part of the

uniform.

(g) Uniforms are only to be worn while on duty, while in transit to or from work, for court,

or at other official department functions or events.

(h) If the uniform is worn while in transit, an outer garment shall be worn over the uniform

shirt so as not to bring attention to the employee while he/she is off-duty.

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(i) Employees are not to purchase or drink alcoholic beverages while wearing any part

of the department uniform, including the uniform pants.

(j) Mirrored sunglasses will not be worn with any Department uniform.

(k) Visible jewelry, other than those items listed below, shall not be worn with the uniform

unless specifically authorized by the Chief of Police or the authorized designee.

1. Wrist watch

2. Wedding ring, class ring, or other ring of tasteful design. A maximum of one ring/

set may be worn on each hand

3. Medical alert bracelet

1017.2.1 DEPARTMENT ISSUED IDENTIFICATION

The Department issues each employee an official department identification card bearing the

employee’s name, identifying information and photo likeness. All employees shall be in possession

of their department issued identification card at all times while on duty or when carrying a

concealed weapon.

(a)

Whenever on duty or acting in an official capacity representing the department,

employees shall display their department issued identification in a courteous manner

to any person upon request and as soon as practical.

(b)

Officers working specialized assignments may be excused from the possession and

display requirements when directed by their Lieutenant.

1017.3 UNIFORM CLASSES

1017.3.1 CLASS A UNIFORM

The Class A uniform is to be worn on special occasions such as funerals, graduations, ceremonies,

or as directed. The Class A uniform is required for all sworn personnel. The Class A uniform

includes the standard issue uniform with:

(a) Long sleeve shirt with tie

(b) Polished shoes

Boots with pointed toes are not permitted.

1017.3.2 CLASS B UNIFORM

All officers will possess and maintain a serviceable Class B uniform at all times.

The Class B uniform will consist of the same garments and equipment as the Class A uniform

with the following exceptions:

(a) The long or short sleeve shirt may be worn with the collar open. No tie is required

(b) A white, navy blue or black crew neck t-shirt must be worn with the uniform

(c) All shirt buttons must remain buttoned except for the last button at the neck

(d) Shoes for the Class B uniform may be as described in the Class A uniform

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(e) Approved all black unpolished shoes may be worn

(f) Boots with pointed toes are not permitted

1017.3.3 CLASS C UNIFORM

The Class C uniform may be established to allow field personnel cooler clothing during the summer

months or special duty. The Chief of Police will establish the regulations and conditions for wearing

the Class C Uniform and the specifications for the Class C Uniform.

1017.3.4 SPECIALIZED UNIT UNIFORMS

The Chief of Police may authorize special uniforms to be worn by officers in specialized units such

as Canine Team, SWAT, Bicycle Patrol, Motor Officers and other specialized assignments.

1017.3.5 FOUL WEATHER GEAR

The Uniform and Equipment Specifications lists the authorized uniform jacket and rain gear.

1017.4 INSIGNIA AND PATCHES

(a) Shoulder Patches - The authorized shoulder patch supplied by the Department shall

be machine stitched to the sleeves of all uniform shirts and jackets, three-quarters of

an inch below the shoulder seam of the shirt and be bisected by the crease in the

sleeve.

(b) Service stripes, stars, etc. - Service stripes and other indicators for length of service

may be worn on long sleeved shirts and jackets. They are to be machine stitched onto

the uniform. The bottom of the service stripe shall be sewn the width of one and one-

half inches above the cuff seam with the rear of the service stripes sewn on the dress

of the sleeve. The stripes are to be worn on the left sleeve only.

(c) The regulation nameplate, or an authorized sewn on cloth nameplate, shall be worn

at all times while in uniform. The nameplate shall display the employee's first and

last name. If an employee's first and last names are too long to fit on the nameplate,

then the initial of the first name will accompany the last name. If the employee desires

other than the legal first name, the employee must receive approval from the Chief of

Police. The nameplate shall be worn and placed above the right pocket located in the

middle, bisected by the pressed shirt seam, with equal distance from both sides of the

nameplate to the outer edge of the pocket.

(d) When a jacket is worn, the nameplate or an authorized sewn on cloth nameplate shall

be affixed to the jacket in the same manner as the uniform.

(e) Assignment Insignias - Assignment insignias, (SWAT, FTO, etc.) may be worn as

designated by the Chief of Police.

(f) Flag Pin - A flag pin may be worn, centered above the nameplate.

(g) Badge - The department issued badge, or an authorized sewn on cloth replica, must

be worn and visible at all times while in uniform.

(h) Rank Insignia - The designated insignia indicating the employee’s rank must be worn

at all times while in uniform. The Chief of Police may authorize exceptions.

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1017.4.1 MOURNING BADGE

Uniformed employees shall wear a black mourning band across the uniform badge whenever a law

enforcement officer is killed in the line of duty. The following mourning periods will be observed:

(a) An officer of this department - From the time of death until midnight on the 14th day

after the death.

(b) An officer from this or an adjacent county - From the time of death until midnight on

the day of the funeral.

(c) Funeral attendee - While attending the funeral of an out of region fallen officer.

(d) National Peace Officers Memorial Day (May 15th) - From 0001 hours until 2359 hours.

(e) As directed by the Chief of Police.

1017.5 CIVILIAN ATTIRE

There are assignments within the Department that do not require the wearing of a uniform because

recognition and authority are not essential to their function. There are also assignments in which

the wearing of civilian attire is necessary.

(a) All employees shall wear clothing that fits properly, is clean and free of stains, and not

damaged or excessively worn.

(b) All male administrative, investigative and support personnel who elect to wear civilian

clothing to work shall wear button style shirts with a collar, slacks or suits that are

moderate in style.

(c) All female administrative, investigative, and support personnel who elect to wear

civilian clothes to work shall wear dresses, slacks, shirts, blouses, or suits which are

moderate in style.

(d) The following items shall not be worn on duty:

1. T-shirt alone

2. Open toed sandals or thongs

3. Swimsuit, tube tops, or halter-tops

4. Spandex type pants or see-through clothing

5. Distasteful printed slogans, buttons or pins

(e) Variations from this order are allowed at the discretion of the Chief of Police or

designee when the employee's assignment or current task is not conducive to the

wearing of such clothing.

(f) No item of civilian attire may be worn on duty that would adversely affect the reputation

of the Sonoma State University Police Department or the morale of the employees.

1017.6 POLITICAL ACTIVITIES, ENDORSEMENTS, AND ADVERTISEMENTS

Unless specifically authorized by the Chief of Police, Sonoma State University Police Department

employees may not wear any part of the uniform, be photographed wearing any part of the uniform,

utilize a department badge, patch or other official insignia, or cause to be posted, published,

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or displayed, the image of another employee, or identify himself/herself as an employee of the

Sonoma State University Police Department to do any of the following (Government Code §§ 3206

and 3302):

(a) Endorse, support, oppose, or contradict any political campaign or initiative.

(b) Endorse, support, oppose, or contradict any social issue, cause, or religion.

(c) Endorse, support, or oppose, any product, service, company or other commercial

entity.

(d) Appear in any commercial, social, or non-profit publication, or any motion picture, film,

video, public broadcast, or any website.

1017.7 OPTIONAL EQUIPMENT - MAINTENANCE, AND REPLACEMENT

(a)

Any of the items listed in the Uniform and Equipment Specifications as optional shall

be purchased totally at the expense of the employee. No part of the purchase cost

shall be offset by the Department for the cost of providing the Department issued item.

(b)

Maintenance of optional items shall be the financial responsibility of the purchasing

employee. For example, repairs due to normal wear and tear.

(c)

Replacement of items listed in this order as optional shall be done as follows:

1.

When the item is no longer functional because of normal wear and tear, the

employee bears the full cost of replacement.

2.

When the item is no longer functional because of damage in the course of

the employee's duties, it shall be replaced following the procedures for the

replacement of damaged personal property (see the Department Owned and

Personal Property Policy).

1017.7.1 RETIREE BADGES

The Chief of Police may issue identification in the form of a badge, insignia, emblem, device,

label, certificate, card or writing that clearly states the person has honorably retired from the

Sonoma State University Police Department. This identification is separate and distinct from the

identification authorized by Penal Code § 25455 and referenced in the Retired Officer CCW

Endorsement Policy in this manual.

A badge issued to an honorably retired peace officer that is not affixed to a plaque or other

memento will have the words “Honorably Retired” clearly visible on its face. A retiree shall be

instructed that any such badge will remain the property of the Sonoma State University Police

Department and will be revoked in the event of misuse or abuse (Penal Code § 538d).

1017.8 UNAUTHORIZED UNIFORMS, EQUIPMENT AND ACCESSORIES

Sonoma State University Police Department employees may not wear any uniform item, accessory

or attachment unless specifically authorized in the Uniform and Equipment Specifications or by

the Chief of Police or designee.

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Sonoma State University Police Department employees may not use or carry any safety item,

tool or other piece of equipment unless specifically authorized in the Uniform and Equipment

Specifications or by the Chief of Police or designee.

Policy

1018

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Police Cadets

1018.1 PURPOSE AND SCOPE

Cadets work under direct supervision, perform a variety of routine and progressively more

advanced tasks in an apprenticeship program in preparation for a career in law enforcement.

1018.2 EDUCATION REQUIREMENTS

Cadets are required to maintain a minimum grade point average of 2.0 (“C” grade) for all courses

taken. Cadets shall complete six semester units of college course work per semester and senior

cadets shall complete 12 units per semester.

1018.3 PROGRAM COORDINATOR

The Training Bureau Manager will serve as the Program Coordinator. This supervisor will be

responsible for tracking the educational and job performance of cadets as well as making their

individual assignments throughout the Department. He/she will also monitor the training provided

for all cadets and review all decisions affecting job assignments, status for compensation, school

attendance and performance evaluations.

1018.3.1 PROGRAM ADVISORS

The Program Coordinator may select individual officers to serve as advisors for the Cadet

Program. These officers will serve as mentors for each cadet. Cadets will bring special requests,

concerns, and suggestions to their program advisor for advice or direction before contacting the

Program Coordinator. One advisor may be designated as the Coordinator's assistant to lead

scheduled meetings and training sessions involving the cadets. Multiple cadets may be assigned

to each program advisor. Program advisors are not intended to circumvent the established chain

of command. Any issues that may be a concern of the individual's supervisor should be referred

back to the Program Coordinator.

1018.4 ORIENTATION AND TRAINING

Newly hired cadets will receive an orientation of the organization and facilities before reporting to

their first assignment. On-the-job training will be conducted in compliance with the Cadet Training

Manual. Training sessions will be scheduled as needed to train cadets for as many assignments

as possible. In addition to job-specific training, information will be offered to prepare cadets to

compete successfully in the police officer selection process, as well as the academy training. All

training will focus on improving job performance, as well as preparation to become police officers.

These meetings will also offer an opportunity to receive continuous feedback regarding progress

of the program.

1018.5 CADET UNIFORMS

Each cadet will be provided two uniforms meeting the specifications described in the Uniform

Manual for professional staff employees.

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1018.6 ROTATION OF ASSIGNMENTS

Rotating job assignments should occur on a regular basis to enhance the career development for

each cadet. Department needs and concerns will take precedence over individual considerations

with the final decision resting with the Training Bureau Manager.

In general, senior cadets will be assigned to positions requiring more technical skill or

responsibility, as well as serving to train cadets for new assignments or those newly hired.

1018.7 RIDE-ALONG PROCEDURES

All cadets are authorized to participate in the Ride-Along Program on their own time and as

approved by their immediate supervisor and the appropriate Watch Commander. Applicable

waivers must be signed in advance of the ride-along. Cadets shall wear their uniform while

participating on a ride-along.

1018.8 PERFORMANCE EVALUATIONS

Performance evaluations for all cadets shall be completed monthly during their first year on

probation. Upon successful completion of probation, cadets and senior cadets will be evaluated

on a yearly basis to assess their current job performance and their potential as police officers.

Policy

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Employee Speech, Expression and Social

Networking

1021.1 PURPOSE AND SCOPE

This policy is intended to address issues associated with employee use of social networking sites

and to provide guidelines for the regulation and balancing of employee speech and expression

with the needs of the Department.

Nothing in this policy is intended to prohibit or infringe upon any communication, speech or

expression that is protected or privileged under law. This includes speech and expression

protected under state or federal constitutions as well as labor or other applicable laws. For

example, this policy does not limit an employee from speaking as a private citizen, including acting

as an authorized member of a recognized bargaining unit or officer associations, about matters

of public concern, such as misconduct or corruption.

Employees are encouraged to consult with their supervisor regarding any questions arising from

the application or potential application of this policy.

1021.1.1 APPLICABILITY

This policy applies to all forms of communication including but not limited to film, video, print

media, public or private speech, use of all internet services, including the World Wide Web, e-

mail, file transfer, remote computer access, news services, social networking, social media, instant

messaging, blogs, forums, video, and other file-sharing sites.

1021.2 POLICY

Public employees occupy a trusted position in the community, and thus, their statements have the

potential to contravene the policies and performance of this department. Due to the nature of the

work and influence associated with the law enforcement profession, it is necessary that employees

of this department be subject to certain reasonable limitations on their speech and expression.

To achieve its mission and efficiently provide service to the public, the Sonoma State University

Police Department will carefully balance the individual employee’s rights against the Department’s

needs and interests when exercising a reasonable degree of control over its employees’ speech

and expression.

1021.3 SAFETY

Employees should consider carefully the implications of their speech or any other form of

expression when using the internet. Speech and expression that may negatively affect the

safety of the Sonoma State University Police Department employees, such as posting personal

information in a public forum, can result in compromising an employee’s home address or family

ties. Employees should therefore not disseminate or post any information on any forum or medium

that could reasonably be anticipated to compromise the safety of any employee, an employee's

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family, or associates. Examples of the type of information that could reasonably be expected to

compromise safety include:

•

Disclosing a photograph and name or address of an officer who is working undercover.

•

Disclosing the address of a fellow officer.

•

Otherwise disclosing where another officer can be located off-duty.

1021.4 PROHIBITED SPEECH, EXPRESSION AND CONDUCT

To meet the department’s safety, performance and public-trust needs, the following are prohibited

unless the speech is otherwise protected (for example, an employee speaking as a private citizen,

including acting as an authorized member of a recognized bargaining unit or officer associations,

on a matter of public concern):

(a)

Speech or expression made pursuant to an official duty that tends to compromise

or damage the mission, function, reputation or professionalism of the Sonoma State

University Police Department or its employees.

(b)

Speech or expression that, while not made pursuant to an official duty, is significantly

linked to, or related to, the Sonoma State University Police Department and tends

to compromise or damage the mission, function, reputation or professionalism of the

Sonoma State University Police Department or its employees. Examples may include:

1.

Statements that indicate disregard for the law or the state or U.S. Constitution.

2.

Expression that demonstrates support for criminal activity.

3.

Participating in sexually explicit photographs or videos for compensation or

distribution.

(c)

Speech or expression that could reasonably be foreseen as having a negative impact

on the credibility of the employee as a witness. For example, posting statements or

expressions to a website that glorify or endorse dishonesty, unlawful discrimination

or illegal behavior.

(d)

Speech or expression of any form that could reasonably be foreseen as having a

negative impact on the safety of the employees of the Department. For example,

a statement on a blog that provides specific details as to how and when prisoner

transportations are made could reasonably be foreseen as potentially jeopardizing

employees by informing criminals of details that could facilitate an escape or attempted

escape.

(e)

Speech or expression that is contrary to the canons of the Law Enforcement Code of

Ethics as adopted by the Sonoma State University Police Department.

(f)

Use or disclosure, through whatever means, of any information, photograph, video or

other recording obtained or accessible as a result of employment with the Department

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for financial or personal gain, or any disclosure of such materials without the express

authorization of the Chief of Police or the authorized designee.

(g)

Posting, transmitting or disseminating any photographs, video or audio recordings,

likenesses or images of department logos, emblems, uniforms, badges, patches,

marked vehicles, equipment or other material that specifically identifies the Sonoma

State University Police Department on any personal or social networking or other

website or web page, without the express authorization of the Chief of Police.

(h)

Accessing websites for non-authorized purposes, or use of any personal

communication device, game device or media device, whether personally

or department-owned, for personal purposes while on-duty, except in the following

circumstances:

1.

When brief personal communication may be warranted by the circumstances

(e.g., inform family of extended hours).

2.

During authorized breaks such usage should be limited as much as practicable

to areas out of sight and sound of the public and shall not be disruptive to the

work environment.

Employees must take reasonable and prompt action to remove any content, including content

posted by others, that is in violation of this policy from any web page or website maintained by

the employee (e.g., social or personal website).

1021.4.1 UNAUTHORIZED ENDORSEMENTS AND ADVERTISEMENTS

While employees are not restricted from engaging in the following activities as private citizens or

as authorized members of a recognized bargaining unit or officer associations, employees may not

represent the Sonoma State University Police Department or identify themselves in any way that

could be reasonably perceived as representing the Sonoma State University Police Department in

order to do any of the following, unless specifically authorized by the Chief of Police (Government

Code § 3206; Government Code § 3302):

(a)

Endorse, support, oppose or contradict any political campaign or initiative.

(b)

Endorse, support, oppose or contradict any social issue, cause or religion.

(c)

Endorse, support or oppose any product, service, company or other commercial entity.

(d)

Appear in any commercial, social or nonprofit publication or any motion picture, film,

video, public broadcast or on any website.

Additionally, when it can reasonably be construed that an employee, acting in his/her individual

capacity or through an outside group or organization (e.g., bargaining group or officer

associations), is affiliated with this department, the employee shall give a specific disclaiming

statement that any such speech or expression is not representative of the Sonoma State University

Police Department.

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Employees retain their right to vote as they choose, to support candidates of their choice and

to express their opinions as private citizens, including as authorized members of a recognized

bargaining unit or officer associations, on political subjects and candidates at all times while off-

duty.

However, employees may not use their official authority or influence to interfere with or affect

the result of an election or a nomination for office. Employees are also prohibited from directly or

indirectly using their official authority to coerce, command or advise another employee to pay, lend

or contribute anything of value to a party, committee, organization, agency or person for political

purposes (5 USC § 1502).

1021.5 PRIVACY EXPECTATION

Employees forfeit any expectation of privacy with regard to e-mails, texts, or anything published

or maintained through file-sharing software or any internet site (e.g., Facebook) that is accessed,

transmitted, received, or reviewed on any department technology system (see the Information

Technology Use Policy for additional guidance).

The Department shall not require an employee to disclose a personal user name or password for

accessing personal social media or to open a personal social website; however, the Department

may request access when it is reasonably believed to be relevant to the investigation of allegations

of work-related misconduct (Labor Code § 980).

1021.6 CONSIDERATIONS

In determining whether to grant authorization of any speech or conduct that is prohibited under

this policy, the factors that the Chief of Police or authorized designee should consider include:

(a)

Whether the speech or conduct would negatively affect the efficiency of delivering

public services.

(b)

Whether the speech or conduct would be contrary to the good order of the Department

or the efficiency or morale of its members.

(c)

Whether the speech or conduct would reflect unfavorably upon the Department.

(d)

Whether the speech or conduct would negatively affect the member’s appearance of

impartiality in the performance of his/her duties.

(e)

Whether similar speech or conduct has been previously authorized.

(f)

Whether the speech or conduct may be protected and outweighs any interest of

the Department.

1021.7 TRAINING

Subject to available resources, the Department should provide training regarding employee

speech and the use of social networking to all members of the Department.

Policy

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Illness and Injury Prevention

1022.1 PURPOSE AND SCOPE

The purpose of this policy is to establish an ongoing and effective plan to reduce the incidence of

illness and injury for members of the Sonoma State University Police Department, in accordance

with the requirements of 8 CCR 3203.

This policy specifically applies to illness and injury that results in lost time or that requires medical

treatment beyond first aid. Although this policy provides the essential guidelines for a plan that

reduces illness and injury, it may be supplemented by procedures outside the Policy Manual.

This policy does not supersede, but supplements any related Statewide safety efforts.

1022.2 POLICY

The Sonoma State University Police Department is committed to providing a safe environment

for its members and visitors and to minimizing the incidence of work-related illness and injuries.

The Department will establish and maintain an Illness and Injury Prevention program and will

provide tools, training and safeguards designed to reduce the potential for accidents, illness

and injuries. It is the intent of the Department to comply with all laws and regulations related to

occupational safety.

1022.3 ILLNESS AND INJURY PREVENTION PLAN

The Administration Lieutenant is responsible for developing an illness and injury prevention plan

that shall include:

(a) Workplace safety and health training programs.

(b) Regularly scheduled safety meetings.

(c) Posted or distributed safety information.

(d) A system for members to anonymously inform management about workplace hazards.

(e) Establishment of a safety and health committee that will:

1. Meet regularly.

2. Prepare a written record of safety and health committee meetings.

3. Review the results of periodic scheduled inspections.

4. Review investigations of accidents and exposures.

5. Make suggestions to command staff for the prevention of future incidents.

6. Review investigations of alleged hazardous conditions.

7. Submit recommendations to assist in the evaluation of member safety

suggestions.

8. Assess the effectiveness of efforts made by the Department to meet relevant

standards.

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(f) Establishment of a process to ensure serious illnesses or injuries and death are

reported as required by the Division of Occupational Safety and Health Administration

(Cal/OSHA) (8 CCR 342).

1022.4 ADMINISTRATION LIEUTENANT RESPONSIBILITIES

The responsibilities of the Administration Lieutenant include but are not limited to:

(a) Managing and implementing a plan to reduce the incidence of member illness and

injury.

(b) Ensuring that a system of communication is in place that facilitates a continuous flow

of safety and health information between supervisors and members. This system shall

include:

1. New member orientation that includes a discussion of safety and health policies

and procedures.

2. Regular member review of the illness and injury prevention plan.

3. Access to the illness and injury prevention plan to members or their

representatives as set forth in 8 CCR 3203.

(c) Ensuring that all safety and health policies and procedures are clearly communicated

and understood by all members.

(d) Taking reasonable steps to ensure that all members comply with safety rules in order

to maintain a safe work environment. This includes but is not limited to:

1. Informing members of the illness and injury prevention guidelines.

2. Recognizing members who perform safe work practices.

3. Ensuring that the member evaluation process includes member safety

performance.

4. Ensuring department compliance to meet standards regarding the following:

(a) Respiratory protection (8 CCR 5144)

(b) Bloodborne pathogens (8 CCR 5193)

(c) Aerosol transmissible diseases (8 CCR 5199)

(d) Heat illness (8 CCR 3395)

(e) Emergency Action Plan (8 CCR 3220)

(f) Fire Prevention Plan (8 CCR 3221)

(g) Hazards associated with wildfire smoke (8 CCR 5141.1)

(e) Making available the Identified Hazards and Correction Record form to document

inspections, unsafe conditions or work practices, and actions taken to correct unsafe

conditions and work practices.

(f) Making available the Investigation/Corrective Action Report to document individual

incidents or accidents.

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(g) Making available a form to document the safety and health training of each member.

This form will include the member’s name or other identifier, training dates, type of

training, and training providers.

(h) Conducting and documenting a regular review of the illness and injury prevention plan.

1022.5 SUPERVISOR RESPONSIBILITIES

Supervisor responsibilities include, but are not limited to:

(a) Ensuring member compliance with illness and injury prevention guidelines and

answering questions from members about this policy.

(b) Training, counseling, instructing or making informal verbal admonishments any time

safety performance is deficient. Supervisors may also initiate discipline when it is

reasonable and appropriate under the Standards of Conduct Policy.

(c) Establishing and maintaining communication with members on health and safety

issues. This is essential for an injury-free, productive workplace.

(d) Completing required forms and reports relating to illness and injury prevention; such

forms and reports shall be submitted to the Administration Lieutenant.

(e) Notifying the Administration Lieutenant when:

1. New substances, processes, procedures or equipment that present potential

new hazards are introduced into the work environment.

2. New, previously unidentified hazards are recognized.

3. Occupational illnesses and injuries occur.

4. New and/or permanent or intermittent members are hired or reassigned to

processes, operations or tasks for which a hazard evaluation has not been

previously conducted.

5. Workplace conditions warrant an inspection.

1022.6 HAZARDS

All members should report and/or take reasonable steps to correct unsafe or unhealthy work

conditions, practices or procedures in a timely manner. Members should make their reports to a

supervisor (as a general rule, their own supervisors).

Supervisors should make reasonable efforts to correct unsafe or unhealthy work conditions in a

timely manner, based on the severity of the hazard. These hazards should be corrected when

observed or discovered, when it is reasonable to do so. When a hazard exists that cannot be

immediately abated without endangering members or property, supervisors should protect or

remove all exposed members from the area or item, except those necessary to correct the existing

condition.

Members who are necessary to correct the hazardous condition shall be provided with the

necessary protection.

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All significant actions taken and dates they are completed shall be documented on

an Identified Hazards and Correction Record form. This form should be forwarded to

the Administration Lieutenant via the chain of command.

The Administration Lieutenant will take appropriate action to ensure the illness and injury

prevention plan addresses potential hazards upon such notification.

1022.7 INSPECTIONS

Safety inspections are crucial to a safe work environment. These inspections identify and evaluate

workplace hazards and permit mitigation of those hazards. A hazard assessment checklist should

be used for documentation and to ensure a thorough assessment of the work environment.

The Administration Lieutenant shall ensure that the appropriate documentation is completed for

each inspection.

1022.7.1 EQUIPMENT

Members are charged with daily vehicle inspections of their assigned vehicles and of their personal

protective equipment (PPE) prior to working in the field. Members shall complete the Identified

Hazards and Correction Record form if an unsafe condition cannot be immediately corrected.

Members should forward this form to their supervisors.

1022.8 INVESTIGATIONS

Any member sustaining any work-related illness or injury, as well as any member who is involved

in any accident or hazardous substance exposure while on-duty shall report such event as soon

as practicable to a supervisor. Members observing or learning of a potentially hazardous condition

are to promptly report the condition to their immediate supervisors.

A supervisor receiving such a report should personally investigate the incident or ensure that

an investigation is conducted. Investigative procedures for workplace accidents and hazardous

substance exposures should include:

(a) A visit to the accident scene as soon as possible.

(b) An interview of the injured member and witnesses.

(c) An examination of the workplace for factors associated with the accident/exposure.

(d) Determination of the cause of the accident/exposure.

(e) Corrective action to prevent the accident/exposure from reoccurring.

(f) Documentation of the findings and corrective actions taken.

(g) Completion of an Investigation/Corrective Action Report form.

(h) Completion of an Identified Hazards and Correction Record form.

Additionally, the supervisor should proceed with the steps to report an on-duty injury, as required

under the Occupational Disease and Work-Related Injury Reporting Policy, in conjunction with

this investigation to avoid duplication and ensure timely reporting.

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1022.9 TRAINING

The Administration Lieutenant should work with the Training Sergeant to provide all members,

including supervisors, with training on general and job-specific workplace safety and health

practices. Training shall be provided:

(a) To supervisors to familiarize them with the safety and health hazards to which

members under their immediate direction and control may be exposed.

(b) To all members with respect to hazards specific to each member’s job assignment.

(c) To all members given new job assignments for which training has not previously been

provided.

(d) Whenever new substances, processes, procedures or equipment are introduced to

the workplace and represent a new hazard.

(e) Whenever the Department is made aware of a new or previously unrecognized hazard.

1022.9.1 TRAINING TOPICS

The Training Sergeant shall ensure that training includes:

(a) Reporting unsafe conditions, work practices and injuries, and informing a supervisor

when additional instruction is needed.

(b) Use of appropriate clothing, including gloves and footwear.

(c) Use of respiratory equipment.

(d) Availability of toilet, hand-washing and drinking-water facilities.

(e) Provisions for medical services and first aid.

(f) Handling of bloodborne pathogens and other biological hazards.

(g) Prevention of heat and cold stress.

(h) Identification and handling of hazardous materials, including chemical hazards to

which members could be exposed, and review of resources for identifying and

mitigating hazards (e.g., hazard labels, Safety Data Sheets (SDS)).

(i) Mitigation of physical hazards, such as heat and cold stress, noise, and ionizing and

non-ionizing radiation.

(j) Identification and mitigation of ergonomic hazards, including working on ladders or in

a stooped posture for prolonged periods.

(k) Back exercises/stretches and proper lifting techniques.

(l) Avoidance of slips and falls.

(m) Good housekeeping and fire prevention.

(n) Other job-specific safety concerns.

1022.10 RECORDS

Records and training documentation relating to illness and injury prevention will be maintained in

accordance with the established records retention schedule.

Policy

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Line-of-Duty Deaths

1023.1 PURPOSE AND SCOPE

The purpose of this policy is to provide guidance to members of the Sonoma State University

Police Department in the event of the death of a member occurring in the line of duty and to direct

the Department in providing proper support for the member’s survivors.

The Chief of Police may also apply some or all of this policy in situations where members are

injured in the line of duty and the injuries are life-threatening.

1023.1.1 DEFINITIONS

Definitions related to this policy include:

Line-of-duty death - The death of a sworn member during the course of performing law

enforcement-related functions while on- or off-duty, or a professional staff member during the

course of performing their assigned duties.

Survivors - Immediate family members of the deceased member, which can include spouse,

children, parents, other next of kin or significant others. The determination of who should be

considered a survivor for purposes of this policy should be made on a case-by-case basis given

the individual’s relationship with the member and whether the individual was previously designated

by the deceased member.

1023.2 POLICY

It is the policy of the Sonoma State University Police Department to make appropriate notifications

and to provide assistance and support to survivors and coworkers of a member who dies in the

line of duty.

It is also the policy of this department to respect the requests of the survivors when they conflict

with these guidelines, as appropriate.

1023.3 INITIAL ACTIONS BY COMMAND STAFF

(a) Upon learning of a line-of-duty death, the deceased member’s supervisor should

provide all reasonably available information to the Watch Commander and Dispatch.

1. Communication of information concerning the member and the incident should

be restricted to secure networks to avoid interception by the media or others

(see the Public Information Officer section of this policy).

(b) The Watch Commander should ensure that notifications are made in accordance with

the Officer-Involved Shootings and Deaths and Major Incident Notification policies as

applicable.

(c) If the member has been transported to the hospital, the Watch Commander or the

designee should respond to the hospital to assume temporary responsibilities as the

Hospital Liaison.

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(d) The Chief of Police or the authorized designee should assign members to handle

survivor notifications and assign members to the roles of Hospital Liaison (to relieve

the temporary Hospital Liaison) and the Department Liaison as soon as practicable

(see the Notifying Survivors section and the Department Liaison and Hospital Liaison

subsections in this policy).

1023.4 NOTIFYING SURVIVORS

Survivors should be notified as soon as possible in order to avoid the survivors hearing about the

incident in other ways.

The Chief of Police or the authorized designee should review the deceased member’s emergency

contact information and make accommodations to respect the member’s wishes and instructions

specific to notifying survivors. However, notification should not be excessively delayed because

of attempts to assemble a notification team in accordance with the member’s wishes.

The Chief of Police, Watch Commander or the authorized designee should select at least two

members to conduct notification of survivors, one of which may be the Department Chaplain.

Notifying members should:

(a) Make notifications in a direct and compassionate manner, communicating as many

facts of the incident as possible, including the current location of the member.

Information that is not verified should not be provided until an investigation has been

completed.

(b) Determine the method of notifying surviving children by consulting with other survivors

and taking into account factors such as the child’s age, maturity and current location

(e.g., small children at home, children in school).

(c) Plan for concerns such as known health concerns of survivors or language barriers.

(d) Offer to transport survivors to the hospital, if appropriate. Survivors should be

transported in department vehicles. Notifying members shall inform the Hospital

Liaison over a secure network that the survivors are on their way to the hospital and

should remain at the hospital while the survivors are present.

(e) When survivors are not at their residences or known places of employment, actively

seek information and follow leads from neighbors, other law enforcement, postal

authorities and other sources of information in order to accomplish notification in as

timely a fashion as possible. Notifying members shall not disclose the reason for their

contact other than a family emergency.

(f) If making notification at a survivor’s workplace, ask a workplace supervisor for the

use of a quiet, private room to meet with the survivor. Members shall not inform the

workplace supervisor of the purpose of their visit other than to indicate that it is a family

emergency.

(g) Offer to call other survivors, friends or clergy to support the survivors and to avoid

leaving survivors alone after notification.

(h) Assist the survivors with meeting childcare or other immediate needs.

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(i) Provide other assistance to survivors and take reasonable measures to accommodate

their needs, wishes and desires. Care should be taken not to make promises or

commitments to survivors that cannot be met.

(j) Inform the survivors of the name and phone number of the Survivor Support Liaison

(see the Survivor Support Liaison section of this policy), if known, and the Department

Liaison.

(k) Provide their contact information to the survivors before departing.

(l) Document the survivor’s names and contact information, as well as the time and

location of notification. This information should be forwarded to the Department

Liaison.

(m) Inform the Chief of Police or the authorized designee once survivor notifications have

been made so that other Sonoma State University Police Department members may

be apprised that survivor notifications are complete.

1023.4.1 OUT-OF-AREA NOTIFICATIONS

The Department Liaison should request assistance from law enforcement agencies in appropriate

jurisdictions for in-person notification to survivors who are out of the area.

(a) The Department Liaison should contact the appropriate jurisdiction using a secure

network and provide the assisting agency with the name and telephone number of

the department member that the survivors can call for more information following the

notification by the assisting agency.

(b) The Department Liaison may assist in making transportation arrangements for the

member’s survivors, but will not obligate the Department to pay travel expenses

without the authorization of the Chief of Police.

1023.5 NOTIFYING DEPARTMENT MEMBERS

Supervisors or members designated by the Chief of Police are responsible for notifying department

members of the line-of-duty death as soon as possible after the survivor notification is made.

Notifications and related information should be communicated in person or using secure networks

and should not be transmitted over the radio.

Notifications should be made in person and as promptly as possible to all members on-duty at the

time of the incident. Members reporting for subsequent shifts within a short amount of time should

be notified in person at the beginning of their shift. Members reporting for duty from their residence

should be instructed to contact their supervisor as soon as practicable. Those members who are

working later shifts or are on days off should be notified by phone as soon as practicable.

Members having a close bond with the deceased member should be notified of the incident

in person. Supervisors should consider assistance (e.g., peer support group, modifying work

schedules, approving sick leave) for members who are especially affected by the incident.

Supervisors should direct members not to disclose any information outside the Department

regarding the deceased member or the incident.

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1023.6 LIAISONS AND COORDINATORS

The Chief of Police or the authorized designee should select members to serve as liaisons and

coordinators to handle responsibilities related to a line-of-duty death, including, but not limited to:

(a) Department Liaison.

(b) Hospital Liaison.

(c) Survivor Support Liaison.

(d) Critical Incident Stress Management (CISM) coordinator.

(e) Funeral Liaison.

(f) Mutual aid coordinator.

(g) Benefits Liaison.

(h) Finance coordinator.

Liaisons and coordinators will be directed by the Department Liaison and should be given sufficient

duty time to complete their assignments.

Members may be assigned responsibilities of more than one liaison or coordinator position

depending on available department resources. The Department Liaison may assign separate

liaisons and coordinators to accommodate multiple family units, if needed.

1023.6.1 DEPARTMENT LIAISON

The Department Liaison should be a Lieutenant or of sufficient rank to effectively coordinate

department resources, and should serve as a facilitator between the deceased member’s

survivors and the Department. The Department Liaison reports directly to the Chief of Police.

The Department Liaison’s responsibilities include, but are not limited to:

(a) Directing the other liaisons and coordinators in fulfilling survivors’ needs and requests.

Consideration should be given to organizing the effort using the National Incident

Management System (NIMS).

(b) Establishing contact with survivors within 24 hours of the incident and providing them

contact information.

(c) Advising survivors of the other liaison and coordinator positions and their roles and

responsibilities.

(d) Identifying locations that will accommodate a law enforcement funeral and presenting

the options to the appropriate survivors, who will select the location.

(e) Coordinating all official law enforcement notifications and arrangements.

(f) Making necessary contacts for authorization to display flags at half-mast.

(g) Ensuring that department members are reminded of appropriate information–sharing

restrictions regarding the release of information that could undermine future legal

proceedings.

(h) Coordinating security checks of the member’s residence as necessary and

reasonable.

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(i) Serving as a liaison with visiting law enforcement agencies during memorial and

funeral services.

1023.6.2 HOSPITAL LIAISON

The Hospital Liaison should work with hospital personnel to:

(a) Arrange for appropriate and separate waiting areas for:

1. The survivors and others whose presence is requested by the survivors.

2. Department members and friends of the deceased member.

3. Media personnel.

(b) Ensure, as much as practicable, that any suspects who are in the hospital and their

families or friends are not in close proximity to the member’s survivors or Sonoma State

University Police Department members (except for members who may be guarding

the suspect).

(c) Ensure that survivors receive timely updates regarding the member before information

is released to others.

(d) Arrange for survivors to have private time with the member, if requested.

1. The Hospital Liaison or hospital personnel may need to explain the condition of

the member to the survivors to prepare them accordingly.

2. The Hospital Liaison should accompany the survivors into the room, if requested.

(e) Stay with survivors and ensure that they are provided with other assistance as needed

at the hospital.

(f) If applicable, explain to the survivors why an autopsy may be needed.

(g) Ensure hospital bills are directed to the Department, that the survivors are not asked

to sign as guarantor of payment for any hospital treatment and that the member’s

residence address, insurance information and next of kin are not included on hospital

paperwork.

Other responsibilities of the Hospital Liaison include, but are not limited to:

•

Arranging transportation for the survivors back to their residence.

•

Working with investigators to gather and preserve the deceased member’s equipment

and other items that may be of evidentiary value.

•

Documenting his/her actions at the conclusion of his/her duties.

1023.6.3 SURVIVOR SUPPORT LIAISON

The Survivor Support Liaison should work with the Department Liaison to fulfill the immediate

needs and requests of the survivors of any member who has died in the line of duty, and serve

as the long-term department contact for survivors.

The Survivor Support Liaison should be selected by the deceased member’s Lieutenant. The

following should be considered when selecting the Survivor Support Liaison:

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•

The liaison should be an individual the survivors know and with whom they are

comfortable working.

•

If the survivors have no preference, the selection may be made from names

recommended by the deceased member’s supervisor and/or coworkers. The

deceased member’s partner or close friends may not be the best selections for this

assignment because the emotional connection to the member or survivors may impair

their ability to conduct adequate liaison duties.

•

The liaison must be willing to assume the assignment with an understanding of the

emotional and time demands involved.

The responsibilities of the Survivor Support Liaison include, but are not limited to:

(a) Arranging for transportation of survivors to hospitals, places of worship, funeral homes

and other locations, as appropriate.

(b) Communicating with the Department Liaison regarding appropriate security measures

for the family residence, as needed.

(c) If requested by the survivors, providing assistance with instituting methods of

screening telephone calls made to their residence after the incident.

(d) Providing assistance with travel and lodging arrangements for out-of-town survivors.

(e) Returning the deceased member’s personal effects from the Department and the

hospital to the survivors. The following should be considered when returning the

personal effects:

1. Items should not be delivered to the survivors until they are ready to receive

the items.

2. Items not retained as evidence should be delivered in a clean, unmarked box.

3. All clothing not retained as evidence should be cleaned and made presentable

(e.g., items should be free of blood or other signs of the incident).

4. The return of some personal effects may be delayed due to ongoing

investigations.

(f) Assisting with the return of department-issued equipment that may be at the deceased

member’s residence.

1. Unless there are safety concerns, the return of the equipment should take place

after the funeral at a time and in a manner considerate of the survivors’ wishes.

(g) Working with the CISM coordinator to ensure that survivors have access to available

counseling services.

(h) Coordinating with the department’s Public Information Officer (PIO) to brief the

survivors on pending press releases related to the incident and to assist the survivors

with media relations in accordance with their wishes (see the Public Information Officer

section of this policy).

(i) Briefing survivors on investigative processes related to the line-of-duty death, such as

criminal, internal and administrative investigations.

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(j) Informing survivors of any related criminal proceedings and accompanying them to

such proceedings.

(k) Introducing survivors to prosecutors, victim’s assistance personnel and other involved

personnel as appropriate.

(l) Maintaining long-term contact with survivors and taking measures to sustain a

supportive relationship (e.g., follow-up visits, phone calls, cards on special occasions,

special support during holidays).

(m) Inviting survivors to department activities, memorial services or other functions as

appropriate.

Survivor Support Liaisons providing services after an incident resulting in multiple members being

killed should coordinate with and support each other through conference calls or meetings as

necessary.

The Department recognizes that the duties of a Survivor Support Liaison will often affect regular

assignments over many years, and is committed to supporting members in the assignment.

If needed, the Survivor Support Liaison should be issued a personal communication device

(PCD) owned by the Department to facilitate communications necessary to the assignment.

The department-issued PCD shall be used in accordance with the Personal Communication

Devices Policy.

1023.6.4 CRITICAL INCIDENT STRESS MANAGEMENT COORDINATOR

The CISM coordinator should work with the Chief of Police or the authorized designee, liaisons,

coordinators and other resources to make CISM and counseling services available to members

and survivors who are impacted by a line-of-duty death. The responsibilities of the CISM

coordinator include, but are not limited to:

(a) Identifying members who are likely to be significantly affected by the incident and may

have an increased need for CISM and counseling services, including:

1. Members involved in the incident.

2. Members who witnessed the incident.

3. Members who worked closely with the deceased member but were not involved

in the incident.

(b) Ensuring that members who were involved in or witnessed the incident are relieved

of department responsibilities until they can receive CISM support as appropriate and

possible.

(c) Ensuring that CISM and counseling resources (e.g., peer support, debriefing, grief

counselors) are available to members as soon as reasonably practicable following the

line-of-duty death.

(d) Coordinating with the Survivor Support Liaison to ensure survivors are aware of

available CISM and counseling services and assisting with arrangements as needed.

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(e) Following up with members and the Survivor Support Liaison in the months following

the incident to determine if additional CISM or counseling services are needed.

1023.6.5 FUNERAL LIAISON

The Funeral Liaison should work with the Department Liaison, Survivor Support Liaison and

survivors to coordinate funeral arrangements to the extent the survivors wish. The Funeral

Liaison’s responsibilities include, but are not limited to:

(a) Assisting survivors in working with the funeral director regarding funeral arrangements

and briefing them on law enforcement funeral procedures.

(b) Completing funeral notification to other law enforcement agencies.

(c) Coordinating the funeral activities of the Department, including, but not limited to the

following:

1. Honor Guard

(a) Casket watch

(b) Color guard

(c) Pallbearers

(d) Bell/rifle salute

2. Bagpipers/bugler

3. Uniform for burial

4. Flag presentation

5. Last radio call

(d) Briefing the Chief of Police and command staff concerning funeral arrangements.

(e) Assigning an officer to remain at the family home during the viewing and funeral.

(f) Arranging for transportation of the survivors to and from the funeral home and

interment site using department vehicles and drivers.

1023.6.6 MUTUAL AID COORDINATOR

The mutual aid coordinator should work with the Department Liaison and the Funeral Liaison to

request and coordinate any assistance from outside law enforcement agencies needed for, but

not limited to:

(a) Traffic control during the deceased member’s funeral.

(b) Area coverage so that as many Sonoma State University Police Department members

can attend funeral services as possible.

The mutual aid coordinator should perform his/her duties in accordance with the Mutual Aid and

Outside Agency Assistance Policy.

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1023.6.7 BENEFITS LIAISON

The Benefits Liaison should provide survivors with information concerning available benefits and

assist them in applying for benefits. Responsibilities of the Benefits Liaison include, but are not

limited to:

(a) Confirming the filing of workers’ compensation claims and related paperwork (see the

Occupational Disease and Work-Related Injury Reporting Policy).

(b) Researching and assisting survivors with application for federal government survivor

benefits, such as those offered through the:

1. Public Safety Officers’ Benefits (PSOB) Programs.

2. Public Safety Officers’ Educational Assistance (PSOEA) Program.

3. Social Security Administration.

4. Department of Veterans Affairs.

(c) Researching and assisting survivors with application for state and local government

survivor benefits.

1. Education benefits (Education Code § 68120)

2. Health benefits (Labor Code § 4856)

3. Worker’s compensation death benefit (Labor Code § 4702)

(d) Researching and assisting survivors with application for other survivor benefits such

as:

1. Private foundation survivor benefits programs.

2. Survivor scholarship programs.

(e) Researching and informing survivors of support programs sponsored by police

associations and other organizations.

(f) Documenting and informing survivors of inquiries and interest regarding public

donations to the survivors.

1. If requested, working with the finance coordinator to assist survivors with

establishing a process for the receipt of public donations.

(g) Providing survivors with a summary of the nature and amount of benefits applied

for, including the name of a contact person at each benefit office. Printed copies of

the summary and benefit application documentation should be provided to affected

survivors.

(h) Maintaining contact with the survivors and assisting with subsequent benefit questions

and processes as needed.

1023.6.8 FINANCE COORDINATOR

The finance coordinator should work with the Chief of Police and the Department Liaison

to manage financial matters related to the line-of-duty death. The finance coordinator’s

responsibilities include, but are not limited to:

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(a) Establishing methods for purchasing and monitoring costs related to the incident.

(b) Providing information on finance-related issues, such as:

1. Paying survivors’ travel costs if authorized.

2. Transportation costs for the deceased.

3. Funeral and memorial costs.

4. Related funding or accounting questions and issues.

(c) Working with the Benefits Liaison to establish a process for the receipt of public

donations to the deceased member’s survivors.

(d) Providing accounting and cost information as needed.

1023.7 PUBLIC INFORMATION OFFICER

In the event of a line-of-duty death, the department’s PIO should be the department’s contact point

for the media. As such, the PIO should coordinate with the Department Liaison to:

(a) Collect and maintain the most current incident information and determine what

information should be released.

(b) Ensure that department members are instructed to direct any media inquiries to

the PIO.

(c) Prepare necessary press releases.

1. Ensure coordination with other entities having media roles (e.g., outside

agencies involved in the investigation or incident).

2. Ensure that important public information is disseminated, such as information on

how the public can show support for the Department and deceased member’s

survivors.

(d) Arrange for community and media briefings by the Chief of Police or the authorized

designee as appropriate.

(e) Respond, or coordinate the response, to media inquiries.

(f) If requested, assist the member’s survivors with media inquiries.

1. Brief the survivors on handling sensitive issues such as the types of questions

that reasonably could jeopardize future legal proceedings.

(g) Release information regarding memorial services and funeral arrangements

to department members, other agencies and the media as appropriate.

(h) If desired by the survivors, arrange for the recording of memorial and funeral services

via photos and/or video.

The identity of deceased members should be withheld until the member’s survivors have been

notified. If the media has obtained identifying information for the deceased member prior to

survivor notification, the PIO should request that the media withhold the information from release

until proper notification can be made to survivors. The PIO should ensure that media are notified

when survivor notifications have been made.

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1023.8 DEPARTMENT CHAPLAIN

The Department chaplain may serve a significant role in line-of-duty deaths. His/her duties may

include, but are not limited to:

•

Assisting with survivor notifications and assisting the survivors with counseling,

emotional support or other matters, as appropriate.

•

Assisting liaisons and coordinators with their assignments, as appropriate.

•

Assisting department members with counseling or emotional support, as requested

and appropriate.

Further information on the potential roles and responsibilities of the chaplain is in the Chaplains

Policy.

1023.9 INVESTIGATION OF THE INCIDENT

The Chief of Police shall ensure that line-of-duty deaths are investigated thoroughly and may

choose to use the investigation process outlined in the Officer-Involved Shootings and Deaths

Policy.

Investigators from other agencies may be assigned to work on any criminal investigation related

to line-of-duty deaths. Partners, close friends or personnel who worked closely with the deceased

member should not have any investigative responsibilities because such relationships may impair

the objectivity required for an impartial investigation of the incident.

Involved department members should be kept informed of the progress of the investigations and

provide investigators with any information that may be pertinent to the investigations.

1023.10 LINE-OF-DUTY DEATH OF A LAW ENFORCEMENT ANIMAL

The Chief of Police may authorize appropriate memorial and funeral services for law enforcement

animals killed in the line of duty.

1023.11 NON-LINE-OF-DUTY DEATH

The Chief of Police may authorize certain support services for the death of a member not occurring

in the line of duty.

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Attachments

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Commission on Peace Officer Standards and

Training Hate Crimes Model Policy 2019.pdf -

617

Commission on Peace Officer Standards and

Training Hate Crimes Model Policy 2019.pdf

Commission on Peace Officer Standards and Training Hate Crimes Model Policy 2019.pdf

Attachment

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Hate Crime Checklist.pdf - 618

Hate Crime Checklist.pdf

Hate Crime Checklist.pdf

HATE CRIME CHECKLIST

Page of

Victim Type:

Individual

Legal name

(Last, First):

Other Names used (AKA):

School, business or organization

Name:

Type:

(e.g., non-profit, private, public school)

Address:

Faith-based organization

Name:

Faith:

Address:

Target of Crime (Check all that apply):

Person Private property Public property

Other

Nature of Crime (Check all that apply):

Bodily injury Threat of violence

Property damage

Other crime:

Property damage - estimated value

Type of Bias

(Check all characteristics that apply):

Disability

Gender

Gender identity/expression

Sexual orientation

Race

Ethnicity

Nationality

Religion

Significant day of offense

(e.g., 9/11, holy days)

Other:

Specify disability (be specific):

Actual or Perceived Bias – Victim’s Statement:

Actual bias [Victim actually has the indicated characteristic(s)].

Perceived bias [Suspect believed victim had the indicated characteristic(s)].

If perceived, explain the circumstances in narrative portion of Report.

Reason for Bias:

Do you feel you were targeted based on one of these characteristics?

Yes No Explain in narrative portion of Report.

Do you know what motivated the suspect to commit this crime?

Yes No Explain in narrative portion of Report.

Do you feel you were targeted because you associated yourself with an

individual or a group?

Yes No Explain in narrative portion of Report.

Are there indicators the suspect is affiliated with a Hate Group

(i.e., literature/tattoos)?

Yes No Describe in narrative portion of Report.

Are there Indicators the suspect is affiliated with a criminal street gang?

Yes No Describe in narrative portion of Report.

Bias Indicators (Check all that apply):

Hate speech Acts/gestures Property damage Symbol used

Written/electronic communication Graffiti/spray paint Other:

Describe with exact detail in narrative portion of Report.

Relationship Between Suspect & Victim:

Suspect known to victim? Yes No

Nature of relationship:

Length of relationship:

If Yes, describe in narrative portion of Report

Prior reported incidents with suspect? Total #

Prior unreported incidents with suspect? Total #

Restraining orders?

Yes No

If Yes, describe in narrative portion of Report

Type of order: Order/Case#

Weapon(s) used during incident? Yes No Type:

Weapon(s) booked as evidence? Yes No

Automated Firearms System (AFS) Inquiry attached to Report? Yes No

POST 05/19 (Based on LAPD’s Hate Crime Supplemental Report, used with permission)

HATE CRIME CHECKLIST

Page of

Witnesses present during incident? Yes No Statements taken? Yes No

Evidence collected? Yes No

Photos taken?

Yes No

Total # of photos: D#:

Taken by: Serial #:

Recordings:

Video Audio Booked

Suspect identified: Field ID By photo

Known to victim

VICTIM

Tattoos

Shaking

Unresponsive

Crying

Scared

Angry

Fearful

Calm

Agitated

Nervous

Threatening

Apologetic

Other observations:

SUSPECT

Tattoos

Shaking

Unresponsive

Crying

Scared

Angry

Fearful

Calm

Agitated

Nervous

Threatening

Apologetic

Other observations:

ADDITIONAL QUESTIONS (Explain all boxes marked "Yes" in narrative portion of report):

Has suspect ever threatened you? Yes No

Has suspect ever harmed you? Yes No

Does suspect possess or have access to a firearm?

Yes No

Are you afraid for your safety? Yes No

Do you have any other information that may be helpful? Yes No

Resources offered at scene: Yes No Type:

Victim Suspect

Declined medical treatment

Will seek own medical treatment

Received medical treatment

Authorization to Release Medical Information,

Form 05.03.00, signed?

Yes No

Paramedics at scene?

Yes No Unit #

Name(s)/ID #:

Hospital:

Jail Dispensary:

Physician/Doctor:

Patient #:

Officer (Name/Rank) Date

Officer (Name/Rank) Date

Supervisor Approving (Name/Rank) Date

POST 05/19

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California LE Policy Manual Updates June

2020.pdf - 619

California LE Policy Manual Updates June 2020.pdf

California LE Policy Manual Updates June 2020.pdf

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Statutes and Legal Requirements.pdf - 620

Statutes and Legal Requirements.pdf

Statutes and Legal Requirements.pdf

19

APPENDIX - STATUTES AND LEGAL REQUIREMENTS

Statutes and Legal Requirements

Items listed in this section include sections from the California Penal Code (CPC), Welfare and

Institutions Code (WI) and Government Code (GC).

Denitions

CPC 422.55 - Provides general denition of hate crimes in California.

CPC 422.56- Provides denitions of terms included in hate crimes statutes.

GC 12926- Disability-related denitions applicable to some hate crime statutes.

Felonies

Hate Crimes

CPC 422.7 - Commission of a crime for the purpose of interfering with another’s exercise of civil rights.

Related Crimes

CPC 190.2(a)(16) - Homicide penalties related to certain hate crime related acts.

CPC 190.03(a) - Homicide penalties related to certain hate crime related acts.

CPC 288(b)(2) - Sexual assault of dependent person by caretaker

CPC 368(b) - Dependent adult abuse generally - may apply as disability-related hate crime.

CPC 594.3 - Vandalism of places of worship.

CPC 11412 - Causing or attempting to cause other to refrain from exercising religion by threat.

CPC 11413 - Arson or destructive device at place of worship.

Misdemeanors

Hate Crimes

CPC 422.6 - Use of force, threats, or destruction of property to interfere with another’s exercise of civil

rights.

CPC 422.77 - Violation of civil order (Bane Act) protecting the exercise of civil rights

Related Crimes

CPC 302 - Disorderly conduct during an assemblage of people gathered for religious worship at a tax-

exempt place of worship.

CPC 538(c) - Unauthorized insertion of advertisements in newspapers and redistribution to the public.

CPC 640.2 - Placing handbill, notice of advertisement on a consumer product or product packaged

without authorization.

CPC 11411 - Terrorism of owner or occupant of real property. Placement or display of sign, symbol,

or other physical impression without authorization, engagement in pattern of conduct, or burning or

desecration of religious symbols.

CALIFORNIA COMMISSION ON PEACE OFFICER STANDARDS AND TRAINING

20

Enhancements

CPC 190.2(a)(16) - Special circumstances imposing the Death Penalty or Life Without Possibility of

Parole, if the victim was intentionally killed because of sexual orientation, gender, or disability.

CPC 190.3 - Special circumstances imposing LWOP if the victim was intentionally killed because of

sexual orientation, gender, or disability.

CPC 422.75 - Penalty for felony committed because of victim’s race, color, religion, nationality, country

or origin, ancestry, disability, or sexual orientation shall be enhanced one, two, or three years in prison, if

the person acts alone; and two, three, or four years if the person commits the act with another.

CPC 1170.8 - Enhancement for robbery or assault at a place of worship.

CPC 1170.85(b) - Felony assault or battery enhancement due to age or disability.

Reporting

CPC 13023- Requirement for law enforcement agencies to report hate crime data to DOJ.

WI 15630 – Elder and Dependent Adult Abuse Mandated Reporting (may apply in disability-related hate

crimes).

Training and Policy Requirements

CPC 422.87 - Hate crimes policy adoption and update requirements (AB 1985, Eective January 1,

2019).

CPC 13519.6 - Denes hate crime training requirements for peace ocers.

CPC 13519.41 - Training requirements on sexual orientation and gender identity-related hate crimes for

peace ocers and dispatchers (AB 2504, Eective January 1, 2019).

Miscellaneous Provisions

CPC 422.78 - Responsibility for prosecution of stay away order violations.

CPC 422.86 - Public policy regarding hate crimes.

CPC 422.89 - Legislative intent regarding violations of civil rights and hate crimes

CPC 422.92 - Hate crimes victims brochure requirement for law enforcement agencies.

CPC 422.93 - Protection of victims and witnesses from being reported to immigration authorities.

GC 6254 - Victim condentiality.

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Index - 621

INDEX / TOPICS

A

ACCOUNTABILITY TO SUPERVISOR . . 16

ACKNOWLEDGEMENTS

Policy manual. . . . . . . . . . . . 13

Policy revisions. . . . . . . . . . . 13

ADMINISTRATIVE INVESTIGATION . . . 65

ADMINISTRATIVE INVESTIGATIONS

OIS . . . . . . . . . . . . 65, 65, 65

OIS . . . . . . . . . . . . . . 65, 65

Vehicle damage. . . . . . . . . . . 461

AIRCRAFT . . . . . . . . . . . . . . 314

Accidents. . . . . . . . . . . . . 314

Ambulance. . . . . . . . . . . . . 375

ALCOHOL

Vehicle use. . . . . . . . . . . . . 458

ALCOHOL, INTOXICANTS . . . . . . . 173

AMMUNITION

Gun violence restraining order surrenders. 255

ANIMALS . . . . . . . . . . . . . . 506

Line-of-duty deaths. . . . . . . . . 615

ANTI-REPRODUCTIVE RIGHTS CRIMES . 217

APPOINTMENTS

Chaplain coordinator. . . . . . . . . 233

Communications supervisor. . . . . . 467

Community relations coordinator. . . . 258

Forfeiture reviewer. . . . . . . . . . 418

Line-of-duty death liaisons and coordinators 608

Operations director . . . . . . . 437, 443

Petty cash fund manager. . . . . . . 463

PIO. . . . . . . . . . . . . . . . 185

Reserve coordinator. . . . . . . . . 191

UAS Coordinator. . . . . . . . . . 434

ARRESTS

Consular notifications. . . . . . . . . 520

First amendment assemblies . . . . 364, 366

Log. . . . . . . . . . . . . . . . 186

Seat belts. . . . . . . . . . . . . 570

ASSET FORFEITURE . . . . . . . . . 415

AUDIO/VIDEO RECORDING

Custodial interrogation. . . . . . . . 405

OIS. . . . . . . . . . . . . . . . 67

AUDIO/VIDEO RECORDING, HOLDING CELLS

INSPECTIONS, Holding cells. . . . . 525

AUDITS

Petty cash. . . . . . . . . . . . . 463

Public safety video surveillance. . . . . 241

AUTHORITY

Canine handler. . . . . . . . . . . . 95

Policy manual. . . . . . . . . . . . 11

AUTHORITY, ETHICS . . . . . . . . . 169

AUTOMATED EXTERNAL DEFIBRILLATORS

(AED) . . . . . . . . . . . . . . . . 376

B

BATON . . . . . . . . . . . . . . . . 49

BIOLOGICAL SAMPLES

Hazards . . . . . . . . . . . 315, 604

BIOLOGICAL SAMPLES . . . . . . . . 229

BODY ARMOR . . . . . . . . . . . . 571

BOMBS

Aircraft accidents. . . . . . . . . . 315

Chaplains. . . . . . . . . . . . . 235

MDT/MDC. . . . . . . . . . . . . 341

BRADY MATERIAL . . . . . . . . . . 432

BREATH TEST . . . . . . . . . . . . 393

C

CANINES

Pursuits. . . . . . . . . . . . . . 354

CASH

Custodial searches. . . . . . . . . . 531

CASH HANDLING, SECURITY AND

MANAGEMENT . . . . . . . . . . . 463

CASH, CUSTODY

Phone Calls . . . . . . . . . . 525, 525

CHANGE OF ASSIGNMENT . . . . . . 581

CHAPLAINS . . . . . . . . . . . . . 232

Line-of-duty deaths. . . . . . . . . 615

CHIEF EXECUTIVE . . . . . . . . . . . 9

CHILD ABUSE . . . . . . . . . . . . 140

CHILDREN

Transporting. . . . . . . . . . . . 569

CITATIONS . . . . . . . . . . . . . 381

CIVIL

Liability response. . . . . . . . . . . 66

Subpoenas. . . . . . . . . . . . . 188

CIVIL DISPUTES . . . . . . . . . . . 368

CIVILIAN/NON-SWORN . . . . . . . . 11

CIVILIAN/NONSWORN

Crisis intervention incidents. . . . . . 290

CODE-3 . . . . . . . . . . . . . . . 91

COMMAND PROTOCOL . . . . . . . . 16

COMMAND STAFF

Line-of-duty deaths. . . . . . . . . 605

Policy review. . . . . . . . . . . . 13

COMMENDATIONS AND AWARDS . . . 582

COMMUNICABLE DISEASE

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- 622

Health orders. . . . . . . . . . . . 271

COMMUNICATIONS CENTER

Foot pursuits. . . . . . . . . . . . 357

Mandatory sharing. . . . . . . . . . 197

COMMUNICATIONS CENTER

Crisis intervention incidents. . . . . . 289

COMMUNITY ADVISORY COMMITTEE . 261

COMMUNITY RELATIONS . . . . . . . 258

COMPUTERS

Digital evidence. . . . . . . . . . . 407

CONDUCT

Meritorious. . . . . . . . . . . . . 583

OIS. . . . . . . . . . . . . . . . 61

Standards of conduct. . . . . . . . . 171

CONFIDENTIALITY

Chaplains. . . . . . . . . . . . . 236

Communications center. . . . . . . . 471

Custodial telephone calls. . . . . . . 523

Radio broadcasts. . . . . . . . . . 340

CONTACTS AND TEMPORARY DETENTIONS

Warrant service. . . . . . . . . . . 445

CONTROL DEVICES

First amendment assemblies. . . . . . 365

Training. . . . . . . . . . . . . . 307

CONTROL DEVICES . . . . . . . . . . 48

CONTROL DEVICES . . . . . . . . . . 48

CONTROL DEVICES, CUSTODY

FIREARMS, Custody. . . . . . . . . 524

CORRESPONDENCE . . . . . . . . . . 24

COURT APPEARANCES . . . . . . . . 188

COURT ORDERS

Canine controlled substance. . . . . . 101

Gun violence restraining order surrenders. 255

Subpoenas. . . . . . . . . . . . . 188

COURT ORDERS, CIVIL DISPUTES . . . 369

CRIME ANALYSIS . . . . . . . . . . 466

CRIME SCENE AND DISASTER INTEGRITY

. . . . . . . . . . . . . . . . . . . 270

CRISIS INTERVENTION INCIDENTS . . 287

CUSTODIAL INTERROGATIONS . . . . 405

CUSTODIAL SEARCHES . . . . . . . . 530

D

DAMAGE BY STATE PERSONNEL . . . 182

DEATH

Chaplains. . . . . . . . . . . . . 235

Native American Graves (NAGPRA). . . 256

DEATH INVESTIGATION . . . . . . . 203

DEATH NOTIFICATION . . . . . . . . 204

DEBRIEFING

OIS. . . . . . . . . . . . . . . . 67

Tactical. . . . . . . . . . . . . . . 68

Warrant service. . . . . . . . . . . 445

DECONFLICTION . . . . . . . . . . . 439

DEFINITIONS . . . . . . . . . . . . . 11

DEPARTMENT OWNED PROPERTY . . . 448

DEPARTMENT PROPERTY

Loss Or Damage. . . . . . . . . . . 449

DEPARTMENTAL DIRECTIVES . . . . . 17

DISABLED

Motorist. . . . . . . . . . . . . . 400

DISASTER PLAN . . . . . . . . . . . 18

DISCIPLINE . . . . . . . . . . . . . 168

DISCLAIMER . . . . . . . . . . . . . 11

DISCLOSING INFORMATION . . . . . 597

DOMESTIC VIOLENCE

Reporting of Employee Convictions. . . 552

DRIVING

MDT/MDC. . . . . . . . . . . . . 339

DRIVING, SAFETY SAFETY, CONDUCT

FIREARMS, CONDUCT . . . . . . . . 172

DUI ENFORCEMENT . . . . . . . . . 391

E

ELECTRICAL LINES . . . . . . . . . 313

ELECTRO-MUSCULAR DISRUPTION

TECHNOLOGY DEVICE . . . . . . . . 53

ELECTRONIC MAIL . . . . . . . . . . 22

EMERGENCY MANAGEMENT PLAN . . . 18

EMERGENCY UTILITY . . . . . . . . 313

EPINEPHRINE AUTO-INJECTORS . . . . 377

EVIDENCE

Digital. . . . . . . . . . . . . . . 407

NAGPRA. . . . . . . . . . . . . 256

Public Safety Video Surveillance. . . . 240

Seizing recordings. . . . . . . . . . 343

EVIDENCE, BOMBS . . . . . . . . . . 286

EXPLOSIONS . . . . . . . . . . . . 285

EXPOSURE(S) . . . . . . . . . . . . 275

F

FIELD SOBRIETY TESTS . . . . . . . 391

FIREARM SERIAL NUMBERS . . . . . 486

FIREARMS

Destruction of animals. . . . . . . . 509

Removal for vehicle maintenance. . . . 454

Retiree. . . . . . . . . . . . . . . 25

FORCE . . . . . . . . . . . . . . . . 41

FOREIGN

Nationals. . . . . . . . . . . . . . 520

Sonoma State University Police Department

POLICIES

Copyright Lexipol, LLC 2021/10/05, All Rights Reserved.

Published with permission by Sonoma State University Police

Department

- 623

FOREIGN DIPLOMATIC AND CONSULAR

REPRESENTIVES . . . . . . . . . . . 301

G

GANGS, EMPLOYEE AFFILIATION . . . 169

GRIEVANCES

Supervisor authority. . . . . . . . . . 11

H

HAZARDOUS MATERIAL . . . . . . . 275

HAZARDOUS MATERIAL (HAZMAT)

RESPONSE

Aircraft accidents. . . . . . . . . . 315

HAZARDS . . . . . . . . . . . . . . 602

HELICOPTER ASSISTANCE . . . . . . 321

HIGH-VISIBILITY VESTS . . . . . . . 381

HOMELESS . . . . . . . . . . . . . 359

I

IDENTITY THEFT . . . . . . . . . . . 206

INFORMATION TECHNOLOGY USE

TECHNOLOGY USE . . . . . . . . . . 174

INSPECTIONS

Illness and injury prevention. . . . . . 603

Personal protective equipment. . . . . 603

Vehicles . . . . . . . . . . . 456, 603

INTERNET ACTIVITY . . . . . . . . . 597

INVESTIGATION AND PROSECUTION . 404

J

JAIL SEARCHES . . . . . . . . . . . 519

JURISDICTION

Aircraft accidents. . . . . . . . . . 315

Consular notifications. . . . . . . . . 520

OIS. . . . . . . . . . . . . . . . 60

K

KEYS

Vehicle. . . . . . . . . . . . . . 457

KINETIC PROJECTILES . . . . . . . . . 50

L

LIMITED ENGLISH PROFICIENCY

Communications center. . . . . . . . 469

Eyewitness identification. . . . . . . 428

LIMITED ENGLISH PROFICIENCY . . . 219

LINE-OF-DUTY DEATHS . . . . . . . 605

M

MANUALS . . . . . . . . . . . . . . 18

MDT/MDC

Use. . . . . . . . . . . . . . . . 457

Vehicles. . . . . . . . . . . . . . 457

MEDIA

Aircraft accidents. . . . . . . . . . 316

Line-of-duty deaths. . . . . . . . . 614

OIS. . . . . . . . . . . . . . . . 68

Warrant service. . . . . . . . . . . 446

MEDICAL

Aircraft accidents. . . . . . . . . . 314

For canines. . . . . . . . . . . . . 100

Releases. . . . . . . . . . . . . . 375

MEDICAL, SCREENING – CUSTODY ADULTS

. . . . . . . . . . . . . . . . . . . 522

MOBILE AUDIO VIDEO . . . . . . . . 332

MOBILE AUDIO/VIDEO (MAV)

OIS. . . . . . . . . . . . . . . . 67

MOBILE DIGITAL TERMINAL USE . . . 339

MUTUAL AID

First amendment assemblies. . . . . . 365

Warrant service. . . . . . . . . . . 445

N

NATIVE AMERICAN GRAVES (NAGPRA) 256

NONSWORN

Vehicles. . . . . . . . . . . . . . 458

NOTIFICATION

Consular. . . . . . . . . . . . . . 520

NOTIFICATIONS

Aircraft accidents. . . . . . . . . . 315

Cash. . . . . . . . . . . . . . . 464

Impaired driving. . . . . . . . . . . 392

Line-of-duty deaths. . . . . . . . . 606

NAGPRA. . . . . . . . . . . . . 256

O

OATH OF OFFICE . . . . . . . . . . . 10

OC SPRAY . . . . . . . . . . . . . . 49

Sonoma State University Police Department

POLICIES

Copyright Lexipol, LLC 2021/10/05, All Rights Reserved.

Published with permission by Sonoma State University Police

Department

- 624

OFFICER SAFETY

Communications center . . . . . 469, 471

Crime scene and disaster integrity. . . . 270

Foot pursuits. . . . . . . . . . . . 354

LEOSA. . . . . . . . . . . . . . . 25

Occupational hazards. . . . . . . . . 602

Seat belts. . . . . . . . . . . . . 569

Warrant service. . . . . . . . . . . 443

OFFICER-INVOLVED SHOOTING (OIS) . . 60

OPERATIONS PLANNING AND

DECONFLICTION . . . . . . . . . . . 437

ORGANIZATIONAL STRUCTURE . . . . 16

OUTSIDE AGENCY ASSISTANCE . . . . 196

OVERTIME

Court. . . . . . . . . . . . . . . 189

P

PARKING . . . . . . . . . . . . . . 458

PEPPER PROJECTILES . . . . . . . . . 49

PEPPER SPRAY . . . . . . . . . . . . 49

PERSONAL PROPERTY . . . . . . . . 448

Loss Or Damage. . . . . . . . . . . 449

PERSONNEL ORDERS . . . . . . . . . 24

PHOTOGRAPHS

Aircraft accidents. . . . . . . . . . 316

First amendment assemblies. . . . . . 363

PIO . . . . . . . . . . . . . . . . . 185

POLICE/SHERIFF CADETS . . . . . . . 594

Program advisors. . . . . . . . . . 594

POLICY MANUAL . . . . . . . . . . . 11

POLITICAL ACTIVITY . . . . . . . . 598

POLITICAL ENDORSEMENTS . . . . . 598

PREGNANCY, CUSTODY . . . . . . . 525

PRESS INFORMATION OFFICER . . . . 185

PRIVACY EXPECTATIONS

MDT/MDC. . . . . . . . . . . . . 339

Unmanned aerial system. . . . . . . 434

Vehicles. . . . . . . . . . . . . . 456

PRIVATE PERSONS ARRESTS . . . . . 215

PROHIBITED SPEECH . . . . . . . . . 597

PROTECTED INFORMATION

Communications center. . . . . . . . 471

PUBLIC RECORDING OF LAW ENFORCEMENT

ACTIVITY . . . . . . . . . . . . . . 342

PUBLIC SAFETY VIDEO SURVEILLANCE 238

PURSUITS

Foot. . . . . . . . . . . . . . . . 354

R

RAPID RESPONSE AND DEPLOYMENT . 305

RECORDS BUREAU

Administrative hearings. . . . . . . . 396

Impaired driving. . . . . . . . . . . 396

Suspicious activity reports. . . . . . . 372

RECORDS RELEASE

Child deaths. . . . . . . . . . . . 147

Public safety video surveillance. . . . . 240

RECORDS RETENTION

Illness and injury prevention. . . . . . 604

Oath of office. . . . . . . . . . . . 10

REFLECTORIZED VESTS . . . . . . . 381

RELIGION

NAGPRA. . . . . . . . . . . . . 256

RELIGION, ACCOMMODATIONS IN CUSTODY

. . . . . . . . . . . . . . . . . . . 523

REPORT CORRECTIONS . . . . . . . . 183

REPORT PREPARATION . . . . . . . . 180

RESERVE OFFICERS/DEPUTIES . . . . 190

Firearms Requirements. . . . . . . . 194

Training. . . . . . . . . . . . . . 192

RESPONSE TO CALLS . . . . . . . . . 91

REVIEWS

Crisis intervention incidents. . . . . . 291

Policy manual. . . . . . . . . . . . 13

Public records on social media. . . . . 179

UAS. . . . . . . . . . . . . . . 434

RIDE-ALONG

Eligibility. . . . . . . . . . . . . 272

RISK ASSESSMENT . . . . . . . . . . 437

ROLL CALL TRAINING . . . . . . . . 269

S

SAFETY

Canine. . . . . . . . . . . . . . . 457

Communications center. . . . . . . . 467

First responder. . . . . . . . . . . 270

Inspections (occupations). . . . . . . 603

Media. . . . . . . . . . . . . . . 185

Temporary custody of adults. . . . . . 521

SAFETY EQUIPMENT

First amendment assemblies. . . . . . 364

Seat belts. . . . . . . . . . . . . 569

SCHOOL EMPLOYEE REPORTING . . . 227

SEARCH & SEIZURE . . . . . . . . . 111

SEARCH WARRANTS . . . . . . . . . 443

SEARCHES

Body scanner. . . . . . . . . . . . 535

Crime scene. . . . . . . . . . . . 271

Custodial. . . . . . . . . . . . . . 530

Gun violence restraining orders. . . . . 254

Sonoma State University Police Department

POLICIES

Copyright Lexipol, LLC 2021/10/05, All Rights Reserved.

Published with permission by Sonoma State University Police

Department

- 625

Police vehicle inspections. . . . . . . 456

SEAT BELTS . . . . . . . . . . . . . 569

SHERIFF CANDIDATE . . . . . . . . . 9

SOCIAL MEDIA . . . . . . . . . . . 177

SOCIAL NETWORKING . . . . . . . . 596

STANDARDS OF CONDUCT . . . . . . 167

SUBPOENAS . . . . . . . . . . . . . 188

SUBPOENAS AND COURT APPEARANCES 188

SUCCESSION OF COMMAND . . . . . . 16

SUSPICIOUS ACTIVITY REPORTING . . 371

T

TAKE HOME VEHICLES . . . . . . . . 459

TASER . . . . . . . . . . . . . . . . 53

TEAR GAS . . . . . . . . . . . . . . 49

TEMPORARY CUSTODY OF ADULTS . . 517

TOLL ROADS . . . . . . . . . . . . 462

TRAFFIC FUNCTION AND RESPONSIBILITY

. . . . . . . . . . . . . . . . . . . 380

TRAFFIC OFFICER/DEPUTY . . . . . . 380

TRAFFIC SIGNAL . . . . . . . . . . . 313

TRAINING

AED. . . . . . . . . . . . . . . 376

Canine. . . . . . . . . . . . . . . 100

Chaplains. . . . . . . . . . . . . 236

Custodial searches. . . . . . . . . . 535

Dispatcher. . . . . . . . . . . . . 472

Epinephrine auto-injector. . . . . . . 378

First amendment assemblies. . . . . . 367

Hazardous materials. . . . . . . . . 604

Impaired driving. . . . . . . . . . . 396

Occupational safety. . . . . . . . . 604

Operation planning and deconfliction. . . 442

Opioid medication. . . . . . . . . . 377

Public safety video surveillance. . . . . 241

Rapid response and deployment. . . . . 307

Shared equipment and supplies. . . . . 197

Social media. . . . . . . . . . . . 179

UAS. . . . . . . . . . . . . . . 435

Warrant service. . . . . . . . . . . 446

TRAINING PLAN . . . . . . . . . . . 19

TRAINING POLICY . . . . . . . . . . 19

U

UNIFORMS

Chaplains. . . . . . . . . . . . . 233

Courtroom attire. . . . . . . . . . . 189

UNITY OF COMMAND . . . . . . . . . 16

UNLAWFUL ASSEMBLY . . . . . . . 365

UNMANNED AERIAL SYSTEM . . . . . 434

URINE TESTS . . . . . . . . . . . . 394

USE OF FORCE

First amendment assemblies. . . . . . 365

USE OF SOCIAL MEDIA . . . . . . . . 177

UTILITY SERVICE . . . . . . . . . . 313

V

VEHICLE MAINTENANCE . . . . . . . 454

VEHICLES

Impound hearings. . . . . . . . . . 389

VIDEO RECORDINGS

First amendment assemblies. . . . . . 363

W

WARNINGS

Canine. . . . . . . . . . . . . . . 97

WARRANT SERVICE . . . . . . . . . 443

WATCH COMMANDERS . . . . . . . . 331

WATER LINES . . . . . . . . . . . . 313