Loading...
Orange Police Department Policy ManualOrange Police Department Orange PD Policy Manual Copyright Lexipol, LLC 2021/04/08, All Rights Reserved. Published with permission by Orange Police Department CHIEF'S MESSAGE - 1 CHIEF'S MESSAGE As the Chief of Police, I am proud to present a comprehensive Policy and Procedure Manual for the Orange Police Department (OPD). Developed in conjunction with Lexipol Inc., the policies were reviewed and adapted to incorporate procedures specific to the City of Orange Police Department. Lexipol has a long-standing and strong reputation for providing comprehensive policies that incorporate up-to-date legal information and widely accepted best practices. The Orange Police Department embraces the Law Enforcement Code of Ethics along with our Policy and Procedure Manual to provide employees with guidance and expectations. Additionally, a number of directives on subject matter not previously addressed in policy have been added to this Policy Manual. This was done to ensure (to the greatest degree possible) that when a question arises, employees will have a source to turn to for answers. I am most appreciative of the commitment and character of our employees. Together we have made great strides in moving our department forward; and it is together that we must continue to move closer to the achievement of our own "Five Pillars of Success." The information contained in our OPD Policy and Procedure Manual should be reviewed on a continuous basis so that you are familiar with its content. Tom Kisela, Chief of Police Orange Police Department Orange PD Policy Manual Copyright Lexipol, LLC 2021/04/08, All Rights Reserved. Published with permission by Orange Police Department Law Enforcement Code of Ethics - 2 LAW ENFORCEMENT CODE OF ETHICS As a law enforcement officer, my fundamental duty is to serve the community; to safeguard lives and property; to protect the innocent against deception, the weak against oppression or intimidation and the peaceful against violence or disorder; and to respect the constitutional rights of all to liberty, equality and justice. I will keep my private life unsullied as an example to all and will behave in a manner that does not bring discredit to me or to my agency. I will maintain courageous calm in the face of danger, scorn or ridicule; develop self-restraint; and be constantly mindful of the welfare of others. Honest in thought and deed both in my personal and official life, I will be exemplary in obeying the law and the regulations of my department. Whatever I see or hear of a confidential nature or that is confided to me in my official capacity will be kept ever secret unless revelation is necessary in the performance of my duty. I will never act officiously or permit personal feelings, prejudices, political beliefs, aspirations, animosities or friendships to influence my decisions. With no compromise for crime and with relentless prosecution of criminals, I will enforce the law courteously and appropriately without fear or favor, malice or ill will, never employing unnecessary force or violence and never accepting gratuities. I recognize the badge of my office as a symbol of public faith, and I accept it as a public trust to be held so long as I am true to the ethics of police service. I will never engage in acts of corruption or bribery, nor will I condone such acts by other police officers. I will cooperate with all legally authorized agencies and their representatives in the pursuit of justice. I know that I alone am responsible for my own standard of professional performance and will take every reasonable opportunity to enhance and improve my level of knowledge and competence. I will constantly strive to achieve these objectives and ideals, dedicating myself before God to my chosen profession . . . law enforcement. Orange Police Department Orange PD Policy Manual Copyright Lexipol, LLC 2021/04/08, All Rights Reserved. Published with permission by Orange Police Department Mission Statement - 3 MISSION STATEMENT To perform our law enforcement duties with innovative leadership, accountable to the people we serve, in order to ensure their safety and improve the quality of life in our diverse community. Orange Police Department Orange PD Policy Manual Copyright Lexipol, LLC 2021/04/08, All Rights Reserved. Published with permission by Orange Police Department - 4 Orange Police Department Orange PD Policy Manual Copyright Lexipol, LLC 2021/04/08, All Rights Reserved. Published with permission by Orange Police Department Table of Contents - 5 Table of Contents CHIEF'S MESSAGE ...................... 1 Law Enforcement Code of Ethics .................. 2 Mission Statement ....................... 3 ............................. 4 Chapter 1 - Law Enforcement Role and Authority ............ 10 100 - Law Enforcement Authority ................. 11 101 - Oath of Office ..................... 14 102 - Chief Executive Officer ................... 15 103 - Policy Manual ..................... 16 104 - Law Enforcement Code of Ethics ............... 19 Chapter 2 - Organization and Administration ............. 20 200 - Organizational Structure and Responsibility ............ 21 201 - Emergency Management Plan ................ 22 202 - Training Policy ..................... 24 203 - Use of Training Funds for Schools, Seminars, etc. .......... 26 204 - Department Directive ................... 29 205 - Electronic Mail ..................... 30 206 - Administrative Communications ................ 32 207 - Department "Flat" Badges and Retirement Badges .......... 33 208 - License to Carry a Firearm ................. 35 209 - CCW Endorsement for Reserve Officers ............. 43 210 - Retiree Concealed Firearms ................. 46 Chapter 3 - General Operations .................. 53 300 - Use of Force ...................... 54 301 - Handcuffing and Restraints ................. 63 302 - Control Devices and Techniques ............... 68 303 - Conducted Electrical Weapon ................ 73 304 - Officer-Involved Shootings and Deaths .............. 80 305 - Firearms ....................... 89 306 - Vehicle Pursuits .................... 100 307 - Officer Response to Calls ................. 112 308 - Canines ....................... 115 309 - Potential Claims - Format for City Liability Investigations ........ 124 310 - Domestic Violence .................... 129 311 - Reporting Child Custody/Visitation Order Violations ......... 136 312 - Search and Seizure ................... 138 313 - Temporary Custody of Juveniles ............... 140 314 - Adult Abuse ...................... 152 Orange Police Department Orange PD Policy Manual Copyright Lexipol, LLC 2021/04/08, All Rights Reserved. Published with permission by Orange Police Department Table of Contents - 6 315 - Discriminatory Harassment ................. 162 316 - Child Abuse ...................... 168 317 - Missing Persons .................... 176 318 - Public Alerts ...................... 182 319 - Victim and Witness Assistance ................ 187 320 - Hate Crimes ...................... 190 321 - Standards of Conduct ................... 201 322 - Information Technology Use ................. 209 323 - Report Preparation ................... 213 324 - Media Relations .................... 218 325 - Subpoenas and Court Appearances .............. 221 326 - Reserve Officers .................... 225 327 - Outside Agency Assistance ................. 232 328 - Registered Offender Information ............... 236 329 - Major Incident Notification ................. 239 330 - Death Investigation ................... 241 331 - Identity Theft ..................... 244 332 - Private Persons Arrests .................. 245 333 - Anti-Reproductive Rights Crimes Reporting ............ 247 334 - Limited English Proficiency Services .............. 248 335 - Communications with Persons with Disabilities ........... 256 336 - Mandatory Employer Notification ............... 264 337 - Orange Police Department Fingerprint System ........... 266 338 - Biological Samples ................... 268 339 - Chaplains ...................... 271 340 - Procedure for Waiving Department Service Fees .......... 277 341 - Public Safety Camera System ................ 279 342 - Child and Dependent Adult Safety ............... 282 343 - Service Animals .................... 286 344 - Off-Duty Law Enforcement Actions .............. 289 345 - Volunteer Program .................... 291 346 - Gun Violence Restraining Orders ............... 297 347 - Department Use of Social Media ............... 302 348 - Restraint Chair ..................... 305 Chapter 4 - Patrol Operations .................. 308 400 - Patrol Function ..................... 309 401 - Bias-Based Policing ................... 311 402 - Briefing Training .................... 314 403 - Crime and Disaster Scene Integrity .............. 315 404 - Crisis Response Unit ................... 317 405 - Ride-Along Policy .................... 328 406 - Hazardous Material Responses ............... 331 407 - Hostage and Barricade Incidents ............... 334 408 - Response to Bomb Calls .................. 339 409 - Mental Illness Commitments ................ 344 410 - Cite and Release Policy .................. 356 Orange Police Department Orange PD Policy Manual Copyright Lexipol, LLC 2021/04/08, All Rights Reserved. Published with permission by Orange Police Department Table of Contents - 7 411 - Foreign Diplomatic and Consular Representatives .......... 360 412 - Immigration Violations .................. 364 413 - Corporals' Responsibilities ................. 371 414 - Aircraft Accidents .................... 373 415 - Field Training Officer Program ................ 377 416 - Contacts and Temporary Detentions .............. 380 417 - Criminal Organizations .................. 386 418 - Mobile Digital Computer Use ................ 391 419 - Portable Audio/Video Recorders ............... 394 420 - Medical Marijuana .................... 399 421 - Bicycle Patrol Unit .................... 404 422 - Homeless Persons .................... 407 423 - Automated License Plate Readers (ALPRs) ............ 410 424 - Mobile Audio Video & Body Worn Cameras ............ 413 425 - Crisis Intervention Incidents ................. 421 426 - Suspicious Activity Reporting ................ 426 427 - Civil Disputes ..................... 428 428 - First Amendment Assemblies ................ 431 429 - Public Recording of Law Enforcement Activity ........... 437 430 - Medical Aid and Response ................. 440 431 - Naloxone Policy .................... 445 Chapter 5 - Traffic Operations .................. 448 500 - Traffic Function and Responsibility .............. 449 501 - Traffic Collision Reporting ................. 451 502 - Tow Company Guidelines and Rotation Tow Listing ......... 460 503 - Vehicle Towing and Release ................ 481 504 - Vehicle Impound Hearings ................. 493 505 - Impaired Driving .................... 495 506 - Traffic Citations ..................... 501 507 - Disabled Vehicles .................... 504 508 - 72-Hour Parking Violations ................. 505 509 - Bicycle Licensing .................... 507 Chapter 6 - Investigation Operations ................ 509 600 - Investigation and Prosecution ................ 510 601 - Narcotic and Vice Special Investigation Funds ........... 515 602 - Sexual Assault Investigations ................ 518 603 - Asset Forfeiture .................... 524 604 - Informants ...................... 532 605 - Pawn Slips ...................... 539 606 - Eyewitness Identification .................. 542 607 - Sex, Narcotic and Arson Offender Registrants ........... 546 608 - Brady Material Disclosure ................. 549 609 - Unmanned Aerial System (UAS) Operations ........... 551 610 - Operations Planning and Deconfliction ............. 557 611 - Facial Recognition .................... 563 Orange Police Department Orange PD Policy Manual Copyright Lexipol, LLC 2021/04/08, All Rights Reserved. Published with permission by Orange Police Department Table of Contents - 8 Chapter 7 - Equipment .................... 568 700 - Department Owned and Personal Property ............ 569 701 - Personal Communication Devices ............... 571 702 - Vehicle Maintenance ................... 574 703 - Vehicle Use ...................... 576 704 - Personal Protective Equipment ................ 585 705 - Cash Handling, Security and Management ............ 590 Chapter 8 - Support Services .................. 592 800 - Police Communications Bureau ............... 593 801 - Property and Evidence .................. 600 802 - Records Bureau .................... 618 803 - Restoration of Firearm Serial Numbers ............. 620 804 - Records Maintenance and Release .............. 622 805 - Protected Information ................... 632 806 - Computers and Digital Evidence ............... 636 807 - Jeanne Clery Campus Security Act .............. 641 Chapter 9 - Custody ..................... 647 900 - Temporary Custody of Adults ................ 648 901 - Custodial Searches ................... 654 902 - Prison Rape Elimination .................. 660 Chapter 10 - Personnel .................... 670 1000 - Recruitment and Selection ................. 671 1001 - Evaluation of Employees ................. 676 1002 - Performance Improvement Plans ............... 691 1003 - Special Assignments, Transfers and Promotions .......... 696 1004 - Merit Pay Procedures For Certain Part-Time, Non-Sworn Employees ... 703 1005 - Peer Support and Assistance Program ............. 705 1006 - Anti-Retaliation .................... 710 1007 - Reporting of Employee Convictions .............. 714 1008 - Drug- and Alcohol-Free Workplace .............. 716 1009 - Sick Leave ...................... 724 1010 - Communicable Diseases ................. 727 1011 - Smoking and Tobacco Use ................ 732 1012 - Personnel Complaints .................. 733 1013 - Seat Belts ...................... 744 1014 - Body Armor ..................... 746 1015 - Personnel Records ................... 749 1016 - Commendations and Awards ................ 757 1017 - Fitness for Duty .................... 760 1018 - Meal Periods and Breaks ................. 763 1019 - Lactation Break Policy .................. 764 1020 - Payroll Record Procedures ................. 766 1021 - Overtime Compensation Requests .............. 767 1022 - Outside Employment .................. 769 Orange Police Department Orange PD Policy Manual Copyright Lexipol, LLC 2021/04/08, All Rights Reserved. Published with permission by Orange Police Department Table of Contents - 9 1023 - Occupational Disease and Work-Related Injury Reporting ....... 774 1024 - Personal Appearance Standards ............... 776 1025 - Uniform Regulations ................... 779 1026 - Police Cadets ..................... 786 1027 - Nepotism and Conflicting Relationships ............. 788 1028 - Department Badges ................... 790 1029 - Temporary Modified-Duty Assignments ............. 794 1030 - Employee Speech, Expression and Social Networking ........ 798 1031 - Illness and Injury Prevention ................ 802 1032 - Line-of-Duty Deaths ................... 807 Attachments ........................ 819 Statutes and Legal Requirements.pdf ................ 820 Commission on Peace Officer Standards and Training Hate Crimes Model Policy 2019.pdf ............................. 821 Hate Crime Checklist.pdf .................... 822 Orange Police Department Orange PD Policy Manual Copyright Lexipol, LLC 2021/04/08, All Rights Reserved. Published with permission by Orange Police Department Law Enforcement Role and Authority - 10 Chapter 1 - Law Enforcement Role and Authority Policy 100 Orange Police Department Orange PD Policy Manual Copyright Lexipol, LLC 2021/04/08, All Rights Reserved. Published with permission by Orange Police Department Law Enforcement Authority - 11 Law Enforcement Authority 100.1 PURPOSE AND SCOPE The purpose of this policy is to affirm the authority of the personnel of the Orange Police Department to perform their functions based on established legal authority. 100.2 PEACE OFFICER POWERS Sworn personnel of this department are authorized to exercise peace officer powers pursuant to applicable state law (refer to the California Penal Code). 100.2.1 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 warrant was issued (refer to the California Penal Code). 100.2.2 ARREST AUTHORITY OUTSIDE THE JURISDICTION OF THE ORANGE POLICE DEPARTMENT The arrest authority outside the jurisdiction of the Orange Police Department includes (refer to the California Penal Code). (a)When the officer has probable cause to believe the person committed a felony. (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 with the City, or while assisting another agency. On-duty officers who discover criminal activity outside the jurisdiction of the City should when circumstances permit, consider contacting the agency having primary jurisdiction before attempting an arrest. Orange Police Department Orange PD Policy Manual Law Enforcement Authority Copyright Lexipol, LLC 2021/04/08, All Rights Reserved. Published with permission by Orange Police Department Law Enforcement Authority - 12 100.2.3 ARREST AUTHORITY INSIDE THE JURISDICTION OF THE ORANGE POLICE DEPARTMENT The arrest authority within the jurisdiction of the Orange Police Department includes (refer to the California Penal Code). (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 in the presence of the officer such as certain domestic violence offenses. (e)In compliance with an arrest warrant. 100.2.4 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 (refer to the California Penal Code): (a)The arrest is made without a warrant (refer to the California Penal Code). which includes: (a)A misdemeanor committed in the presence of the officer. (b)Misdemeanor domestic violence offenses (See the Domestic Violence Policy). (b)The arrest is made in a public place. (c)The arrest is made with the person in custody pursuant to another lawful arrest. (d)The arrest is made pursuant to a warrant which, for good cause shown, directs that it may be served at any time of the day or night. 100.2.5 OREGON AUTHORITY Sworn personnel 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. (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 Orange Police Department Orange PD Policy Manual Law Enforcement Authority Copyright Lexipol, LLC 2021/04/08, All Rights Reserved. Published with permission by Orange Police Department Law Enforcement Authority - 13 or other similar public safety situations, regardless of whether an Oregon law enforcement official is present at the scene of the incident. Orange 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. 100.3 POLICY It is the policy of the Orange Police Department to limit its sworn personnel 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. 100.4 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 personnel shall observe and comply with every person’s clearly established rights under the United States and California Constitutions. Policy 101 Orange Police Department Orange PD Policy Manual Copyright Lexipol, LLC 2021/04/08, All Rights Reserved. Published with permission by Orange Police Department Oath of Office - 14 Oath of Office 101.1 PURPOSE AND SCOPE The purpose of this policy is to ensure that oaths, when appropriate, are administered to department police officers. 101.2 POLICY It is the policy of the Orange Police Department that, when appropriate, department police officers 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 police officers to their duties. 101.3 OATH OF OFFICE All department police officers, when appropriate, shall take and subscribe to the oaths or affirmations applicable to their positions. All sworn officers 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 (refer to the California Constitutional Code and California Government Code). 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.” 101.4 MAINTENANCE OF RECORDS The oath of office shall be filed as prescribed by law (refer to the California Government Code). Policy 102 Orange Police Department Orange PD Policy Manual Copyright Lexipol, LLC 2021/04/08, All Rights Reserved. Published with permission by Orange Police Department Chief Executive Officer - 15 Chief Executive Officer 102.1 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. 102.1.1 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 (refer to the California Penal Code). Policy 103 Orange Police Department Orange PD Policy Manual Copyright Lexipol, LLC 2021/04/08, All Rights Reserved. Published with permission by Orange Police Department Policy Manual - 16 Policy Manual 103.1 PURPOSE AND SCOPE The manual of the Orange 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 personnel are to conform to the provisions of this manual. All prior and existing manuals, orders and regulations that are in conflict with this manual are rescinded, except to the extent that portions of existing manuals, procedures, orders and other regulations that have not been included herein shall remain in effect, provided that they do not conflict with the provisions of this manual. 103.2 POLICY Except where otherwise expressly stated, the provisions of this manual shall be considered as guidelines. It is recognized that the work of law enforcement is not always predictable and circumstances may arise which warrant departure from these guidelines. It is the intent of this manual to be viewed from an objective standard, taking into consideration the sound discretion entrusted to personnel of this department under the circumstances reasonably available at the time of any incident. 103.2.1 DISCLAIMER The provisions contained in the Policy Manual are not intended to create an employment contract nor any employment rights or entitlements. The policies contained within this manual are for the internal use of the Orange Police Department and shall not be construed to create a higher standard or duty of care for civil or criminal liability against the City, its officials or personnel. Violations of any provision of any policy contained within this manual shall only form the basis for department administrative action, training or discipline. The Orange Police Department reserves the right to revise any policy content, in whole or in part. 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 Departmental Directives, which shall modify those provisions of the manual to which they pertain. Departmental Directives 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 Orange Police Department Orange PD Policy Manual Policy Manual Copyright Lexipol, LLC 2021/04/08, All Rights Reserved. Published with permission by Orange Police Department Policy Manual - 17 CHP- The California Highway Patrol. CFR - Code of Federal Regulations. City - The City of Orange. Civilian - Employees and volunteers who are not sworn peace officers. Department/OPD - The Orange Police Department. DMV - The Department of Motor Vehicles. Employee/Personnel - Any person employed or appointed by by the Department, including: •Full- and part-time employees •Sworn peace officers •Reserve, auxiliary officers •Non-sworn employees •Volunteers Juvenile- Any person under the age of 18 years. Manual - The Orange Police Department Policy Manual. May - Indicates a permissive, discretionary or conditional action. Officer - Those employees, regardless of rank, who are sworn peace officers of the Orange Police Department. On-duty - A police officer'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 personnel, directing the work of other personnel or having the authority to adjust grievances. The supervisory exercise of authority may not be merely routine or clerical in nature but requires the use of independent judgment. The term "supervisor" may also include any person (e.g., 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. Orange Police Department Orange PD Policy Manual Policy Manual Copyright Lexipol, LLC 2021/04/08, All Rights Reserved. Published with permission by Orange Police Department Policy Manual - 18 When there is only one department police officer on-duty, that person may also be the supervisor, except when circumstances reasonably require the notification or involvement of the police officer’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 employees 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 employee shall acknowledge that he/she has been provided access to, and has had the opportunity to review the Policy Manual and Departmental Directives. Personnel 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 employee on or before the date the policy becomes effective. Each employee will be required to acknowledge that he/she has reviewed the revisions and shall seek clarification from an appropriate supervisor as needed. Personnel are responsible for keeping abreast of all Policy Manual revisions. Each Division Commander will ensure that employees under his/her command are aware of any Policy Manual revision. All department personnel suggesting revision of the contents of the Policy Manual shall forward their written suggestions to their Division Commanders, who will consider the recommendations and forward them to the command staff as appropriate. Policy 104 Orange Police Department Orange PD Policy Manual Copyright Lexipol, LLC 2021/04/08, All Rights Reserved. Published with permission by Orange Police Department Law Enforcement Code of Ethics - 19 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. Orange Police Department Orange PD Policy Manual Copyright Lexipol, LLC 2021/04/08, All Rights Reserved. Published with permission by Orange Police Department Organization and Administration - 20 Chapter 2 - Organization and Administration Policy 200 Orange Police Department Orange PD Policy Manual Copyright Lexipol, LLC 2021/04/08, All Rights Reserved. Published with permission by Orange Police Department Organizational Structure and Responsibility - 21 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 [DIVISIONS The Chief of Police is responsible for administering and managing the Orange Police Department. There are three divisions in the Police Department as follows: •Support Services Division •Field Services Division •Investigative Services Division 200.3 COMMAND PROTOCOL 200.3.1 SUCCESSION OF COMMAND The Chief of Police exercises command over all personnel in the Department. During planned absences the Chief of Police is as follows: (a)Field Services Division Commander (b)Investigative Services Division Commander (c)Support Services Division Commander (d)Watch Commander 200.3.2 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. Any supervisor may temporarily direct any subordinate if an operational necessity exists. 200.3.3 ORDERS Personnel shall respond to and make a good faith and reasonable effort to comply with the lawful order of superior officers and other proper authority. Policy 201 Orange Police Department Orange PD Policy Manual Copyright Lexipol, LLC 2021/04/08, All Rights Reserved. Published with permission by Orange Police Department Emergency Management Plan - 22 Emergency Management Plan 201.1 PURPOSE AND SCOPE The City 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 (refer to the California Government Code) 201.2 ACTIVATING THE EMERGENCY PLAN The Emergency Management Plan can be activated on the order of the official designated by local ordinance. 201.2.1 RECALL OF PERSONNEL In the event that the Emergency Management Plan is activated, all employees of the Orange 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. 201.2.2 ALTERNATE EMERGENCY OPERATIONS CENTERS In the event the EOC is damaged and cannot be utilized, alternate EOCs have been designated. All alternate EOCs are city facilities. They are not maintained at the same state of readiness as the primary EOC. They are: EOC LOCATION AND ADDRESS CITY'S PRIMARY EOC POLICE DEPARTMENT HEADQUARTERS, 1107 North Batavia FIRST ALTERNATE EOC FIRE DEPARTMENT HEADQUARTERS, 176 South Grand SECOND ALTERNATE EOC POLICE DEPARTMENT MOBILE COMMAND POST, 1107 North Batavia 201.2.3 LEGAL RATIONALE (a)The city's Emergency Operations Plan (EOP) was developed utilizing the Emergency Planning Guidance (EPG), a State Office of Emergency Preparedness guide, dated January 1999. Note that sections in the EOP that meet EPG are designated throughout the plan as (EPG#) relating to the question number in the guidance crosswalk. (b)The City of Orange Disaster Council shall be responsible for the development of the City of Orange Emergency Operations Plan, which plan shall provide for the effective Orange Police Department Orange PD Policy Manual Emergency Management Plan Copyright Lexipol, LLC 2021/04/08, All Rights Reserved. Published with permission by Orange Police Department Emergency Management Plan - 23 mobilization of all resources of this city, both public and private, to meet any condition constituting a Local Emergency, State of Emergency or State of War Emergency; and shall provide for the organization, powers and duties, services and staff of the emergency organization. Such plan shall take effect upon adoption by resolution of the Orange City Council. (c)The City of Orange has adopted the Standardized Emergency Management System (SEMS), SB 1841 as described and required by the California Government Code for managing response to multi-agency and multi-jurisdiction emergencies in California. SEMS incorporates the use of the Incident Command System, the Master Mutual Aid Agreement, existing mutual aid systems, Operational Area concepts, and multi- agency or inter-agency coordination. The city has also adopted the National Incident Management System (NIMS), which is the Federal counterpart to SEMS. (d)The emergency operations plan is consistent and compatible with the California Emergency Operations Plan and is considered to be an extension of the plan as necessary. Individuals and agencies assigned emergency responsibilities within this plan will prepare appropriate supporting procedures using SEMS. They will also conduct periodic reviews, update alert procedures and resource lists, maintain level of preparedness by participating in annual exercises and be prepared to implement all or portions of the plan as necessary. 201.3 LOCATION OF THE PLAN The Emergency Management Plan is available in Support Services Division and the Watch Commander's office. All supervisors should familiarize themselves with the Emergency Management Plan. The Homeland Security Sergeant/Emergency Services Coordinator should ensure that department personnel are familiar with the roles police personnel will play when the plan is implemented. 201.4 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 202 Orange Police Department Orange PD Policy Manual Copyright Lexipol, LLC 2021/04/08, All Rights Reserved. Published with permission by Orange Police Department Training Policy - 24 Training Policy 202.1 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. 202.2 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). 202.3 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 202.4 TRAINING PLAN A training plan will be developed and maintained by the Training Bureau Sergeant. It is the responsibility of the Training Bureau Sergeant to maintain, review, and update the training plan on an annual basis. 202.5 TRAINING NEEDS ASSESSMENT The Training Bureau and Personnel 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. 202.6 TRAINING PROCEDURES (a)All employees assigned to attend training shall attend as scheduled unless previously excused by their immediate supervisor. Excused absences from mandatory training should be limited to the following: 1.Court appearances 2.First choice vacation 3.Sick leave Orange Police Department Orange PD Policy Manual Training Policy Copyright Lexipol, LLC 2021/04/08, All Rights Reserved. Published with permission by Orange Police Department Training Policy - 25 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. 3.Make arrangements through his/her supervisor and the Training Bureau Sergeant to attend the required training on an alternate date. 202.7 DAILY TRAINING BULLETINS The Lexipol Daily Training Bulletins (DTBs) is a web-accessed system that provides training on the Orange 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 Bureau Sergeant. Personnel assigned to participate in DTBs should only use the password and login name assigned to them by the Training Bureau 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. Policy 203 Orange Police Department Orange PD Policy Manual Copyright Lexipol, LLC 2021/04/08, All Rights Reserved. Published with permission by Orange Police Department Use of Training Funds for Schools, Seminars, etc. - 26 Use of Training Funds for Schools, Seminars, etc. 203.1 PURPOSE AND SCOPE In order to establish uniformity in the use of city funds for schools, seminars, conferences, etc., the following guidelines shall be used whenever possible. 203.2 VEHICLE TRANSPORTATION (a)When a city-owned vehicle is driven to a training/conference location, a fuel credit card will be provided to facilitate travel to the site. (b)Employees may be required to use their personal vehicles and submit a claim for mileage. Mileage reimbursement will be at the current approved rate per city policy. 1.Mileage will be approved between the police station and the lodging/training site, or from the employee's residence and the lodging/training site, whichever is less. (a)If the employee must first come to the OPD station, then mileage will be calculated from the police station to the lodging/training site. 2.Daily mileage is allowed between lodging site and the course site. 3.Personal business mileage is not allowed. 4.Required training materials, necessary transportation (i.e., taxi, bus, shuttle, or rental of vehicle) required to conduct city business will be reimbursed as separate items. Receipts must accompany these items. (a)Tips will not be reimbursed. (c)Whenever two or more employees are attending the same training school or conference, and upon approval from the Support Services Division Commander, reimbursement of travel for more than one vehicle driven to the course is allowed. Car pooling is encouraged. (d)In some cases, it may be more practical to fly rather than drive to a training site and in other instances driving may be better due to the remote location of the facility. In each case, the Support Services Division Commander will determine the appropriate mode of travel. (a)Employees who wish to travel by personal vehicle may do so; however, reimbursement will be made on the basis of airfare or mileage, whichever is less. 203.2.1 AIR TRANSPORTATION All reservations for air transportation will be made by the training coordinator for accommodations consisting of coach class travel. 203.3 OVERNIGHT STAYS AT RESIDENT SCHOOLS Orange Police Department Orange PD Policy Manual Use of Training Funds for Schools, Seminars, etc. Copyright Lexipol, LLC 2021/04/08, All Rights Reserved. Published with permission by Orange Police Department Use of Training Funds for Schools, Seminars, etc. - 27 (a)When an employee is required to remain at the conference or training site for an entire day (24 hours), the department will furnish the employee a hotel room at the currently approved per diem rate, as determined by city policy. Receipts will not be required. (b)Whenever the employee is en route to, or returning from, a resident training program and the travel time continues through a meal period, purchase of that meal may be claimed. No receipts are required. Travel time, if four hours or less the employee is entitled to one prorated meal. Travel time greater than four hours and less than eight hours, the employee is entitled to two meals. (c)When meals are included as a part of the conference or seminar registration fee, the subsistence allowance will be prorated on meals not covered. No receipts are required. 203.3.1 COMMUTER TRAINING - LUNCH ALLOWANCE (a)Commuter Training Defined: POST defines a "commuter trainee" as an individual who attends a training course and travels between his/her agency or station assignment or residence and the course site each day. 1.Employees who fall under the definition of a commuter trainee will receive a flat allowance at the current city policy approved rate, unless lunch is provided in the original fee. (b)Commuting for part of a course and residing at a hotel for part of the same course is discouraged, and only allowed by permission from the Support Services Division Commander. Reimbursement must be requested as if the employee were a commuter because subsistence expenses will not be covered by POST. 203.3.2 LODGING (a)When one employee requires lodging, only the single room rate will be reimbursed. (b)The new MOU allows for single rooms. 1.In order to eliminate confusion concerning accommodations, especially where employees of opposite sex are involved, all lodging will be arranged by the training coordinator. 2.The Support Services Division Commander may grant single room status over that of double occupancy if circumstances dictate such accommodations are in the best interests of all concerned. (c)It will be necessary for employees to retain the lodging receipt and turn it in after completion of the training program. 203.4 TRAVEL (a)Travel time to and from school locations is compensable time worked under the following provisions: Orange Police Department Orange PD Policy Manual Use of Training Funds for Schools, Seminars, etc. Copyright Lexipol, LLC 2021/04/08, All Rights Reserved. Published with permission by Orange Police Department Use of Training Funds for Schools, Seminars, etc. - 28 1.An employee attending a departmentally approved or required lecture, meeting or training program shall be compensated according to MOU and FLSA regulations. Travel time to and from the training site will be compensated according to the travel time/call back formula listed below. (a)One-day trips - Travel time is normally considered work time, unless between home and a public conveyance which is comparable to normal travel time and duty free meal time, need not be counted. (b)Overnight trips - Employees required to travel by the employer, as a passenger on a public conveyance or in an automobile is considered to be working (except for meal periods or sleep time). An employee, as a passenger, will be compensated for hours worked for travel time spent during normal working hours, whether or not the travel occurs on a work day or day off. An employee, who is required by the employer to drive, shall be compensated for all travel hours except for regular meal periods or sleep time. 2.NOTE: An employee will be compensated for travel time as hours worked for the shortest mode of transportation. Example, if an employee is required to work in San Francisco and air flight time is considered to be two hours. The employee will be compensated for two hours travel time worked even though he chooses to drive by automobile, it is approved, and it takes him seven hours to drive. (b)Employees will not be compensated for lectures, meetings, or training programs, if all of the following criteria are met: (a)Attendance is outside of the employee's regular working hours, (b)Attendance is in fact voluntary, (c)The course, lecture, meeting, etc. is not directly related to the employee's job or it is voluntary and job related, (d)The employee does not perform any productive work during such attendance. 203.5 DOCUMENTATION FOR REIMBURSEMENT (a)All necessary forms, receipts and mileage documentation when appropriate, shall be turned in to the training coordinator no later than three working days following the employee's return from the training site. (b)It is important to adhere to this "three day period" in order for the city to process timely reimbursement credits. Policy 204 Orange Police Department Orange PD Policy Manual Copyright Lexipol, LLC 2021/04/08, All Rights Reserved. Published with permission by Orange Police Department Department Directive - 29 Department Directive 204.1 PURPOSE AND SCOPE Department Directives 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 the California Government Code. Department Directives will immediately modify or change and supersede sections of this manual to which they pertain. 204.1.1 DEPARTMENT DIRECTIVE PROTOCOL Department Directives will be incorporated into the manual as required upon approval of staff. Department Directives will modify existing policies or create a new policy as appropriate and will be rescinded upon incorporation into the manual. All existing Department Directives have been incorporated in the updated Policy Manual as of the revision date listed in the bottom left footer of each page. Any Department Directives issued after publication of the manual shall be numbered consecutively starting with the last two digits of the year, followed by the number "01" For example, 12-01 signifies the first Department Directive for the year 2012. 204.2 RESPONSIBILITIES 204.2.1 STAFF The staff shall review and approve revisions of the Policy Manual, which will incorporate changes originally made by a Department Directive. 204.2.2 CHIEF OF POLICE The Chief of Police shall issue all Department Directives. 204.3 ACCEPTANCE OF DEPARTMENTAL DIRECTIVES All employees are required to read and obtain any necessary clarification of all Departmental Directives. All employees are required to acknowledge in writing the receipt and review of any new Departmental Directive. Signed acknowledgement forms and/or e-mail receipts showing an employee's acknowledgement will be maintained by the Training Bureau Sergeant. Policy 205 Orange Police Department Orange PD Policy Manual Copyright Lexipol, LLC 2021/04/08, All Rights Reserved. Published with permission by Orange Police Department Electronic Mail - 30 Electronic Mail 205.1 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. 205.2 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. 205.3 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 Division Commander. 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. 205.4 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. Orange Police Department Orange PD Policy Manual Electronic Mail Copyright Lexipol, LLC 2021/04/08, All Rights Reserved. Published with permission by Orange Police Department Electronic Mail - 31 The Custodian of Records shall ensure that email messages are retained and recoverable as outlined in the Records Maintenance and Release Policy. Policy 206 Orange Police Department Orange PD Policy Manual Copyright Lexipol, LLC 2021/04/08, All Rights Reserved. Published with permission by Orange Police Department Administrative Communications - 32 Administrative Communications 206.1 PURPOSE AND SCOPE Administrative communications of this department are governed by the following policies. 206.2 MEMORANDUMS All memorandums disseminated within the agency shall receive prior approval by a supervisor. 206.3 CORRESPONDENCE In order to ensure that the letterhead and name of the department are not misused, all correspondence utilizing department letterhead shall receive prior approval by no one less in rank than a captain or their designee. Before giving approval, the individual approving correspondence on department letterhead should take into consideration whether the Chief of Police should also be notified of the contents of the correspondence. All outside communication memorandums, prior to being disseminated, shall be approved by a division commander. 206.4 DEPARTMENT SURVEYS All surveys made in the name of the department shall be authorized by the Chief of Police or a division commander. 206.5 MEMORANDUMS AND LETTERS OF RECOGNITION (a)Memorandums and Letters of Recognition for superior employee performances are not to be authored by anyone below the rank of sergeant. (b)Memorandums and Letters of Recognition for superior performance by individuals outside the Orange Police Department shall not be authored by anyone below the rank of sergeant, and shall receive prior approval by a division commander. Policy 207 Orange Police Department Orange PD Policy Manual Copyright Lexipol, LLC 2021/04/08, All Rights Reserved. Published with permission by Orange Police Department Department "Flat" Badges and Retirement Badges - 33 Department "Flat" Badges and Retirement Badges 207.1 PURPOSE AND SCOPE The purpose of this policy is to establish department policy and guidelines for the issuance of city- owned department "flat" badges and retirement badges. 207.1.1 FLAT BADGE (a)The flat badge will be a duplicate facsimile of the officially issued Orange Police Department badge. (b)A simple scroll pattern will appear in place of the employee's badge number. (c)The flat badge will be of the same rank as the employee requesting issuance of a flat badge, such as police officer, sergeant, lieutenant, captain, or chief. No special assignment designations will appear on the flat badges. (d)Should the flat badge become lost, damaged, or otherwise removed from the officer's control, he/she shall make the proper notifications as outlined in the Department Owned and Personal Property Policy. (e)The carrying or display of a flat badge is not authorized for non-sworn personnel. (f) The use of the flat badge is subject to all the same provisions the uniform badge. 207.2 BASIC REQUIREMENTS FOR A FLAT BADGE (a)The "Flat Badge Authorization" form shall be approved and signed by the employee's division commander and Chief of Police. (b)The Personnel and Training sergeant will issue a flat badge and case. A copy of the approved authorization will be maintained in the Training File of the employee. The issuance of the flat badge will be noted in the Badge Control Log and the employee's Equipment Log. 207.2.1 RESPONSIBILITIES OF THE REQUESTING OFFICER (a)Obtain division commander and Chief of Police approval and provide written approval of the request to the Personnel and Training sergeant. (b)Upon separation from the department, when an employee opts to relinquish their flat badge, or if permission to possess a flat badge is withdrawn by the Chief of Police: the employee shall immediately return their flat badge. Orange Police Department Orange PD Policy Manual Department "Flat" Badges and Retirement Badges Copyright Lexipol, LLC 2021/04/08, All Rights Reserved. Published with permission by Orange Police Department Department "Flat" Badges and Retirement Badges - 34 207.2.2 PERSONNEL AND TRAINING SERGEANT RESPONSIBILITIES (a)Record flat badge issuance in the Badge Control Log and Employee's Equipment Log. (b)Secure any returned flat badge from the employee upon their separation from the department, voluntary relinquishment, and/or at the direction of the Police Chief or their designee. 207.2.3 BASIS FOR REFUSAL OF FLAT BADGE ISSUANCE (a)Failure to meet service requirement and employment status. (b)Denial or revocation based upon cumulative discipline, or any other job related reason, as determined by the Chief of Police. 207.3 RETIREMENT BADGES/SERVICE AWARDS (a)Retirement badges will be issued to retiring employees at the discretion of the Police Chief. (b)A record of the issued retirement badge will be noted in the Badge Control Log with a similar notation in the retiring employee's personnel file. CCW privileges will also be noted in the personnel file. (c)The retirement badge will be flat with the bottom panel reading "Retired" in place of the employee identification number. (d)Service Awards, including the presentation of a retiring employee's badge, mounted on a plaque or other arrangement, must be authorized by the Chief of Police. (e)The information on retirement badges presented as service awards will also be noted in the Badge Control Log and the employee's Personnel File. Policy 208 Orange Police Department Orange PD Policy Manual Copyright Lexipol, LLC 2021/04/08, All Rights Reserved. Published with permission by Orange Police Department License to Carry a Firearm - 35 License to Carry a Firearm 208.1 PURPOSE AND SCOPE The Chief of Police is given the statutory discretion to issue a license to carry a firearm to residents within the community (refer to California Penal Code). This policy will provide a written process for the application and issuance of such licenses. Pursuant to the California Penal Code, this policy shall be made accessible to the public. 208.1.1 APPLICATION OF POLICY Nothing in this policy shall preclude the Chief or other head of a municipal police department from entering into an agreement with the Sheriff of the county or preclude the Sheriff of the county from entering into an agreement with the Chief of any municipal police department to process all applications and license renewals for the carrying of concealed weapons (refer to the California Penal Code). 208.1.2 POLICY It is the policy of the Orange Police Department that general requests for concealed weapons permits be referred to the Orange County Sheriff's Department. The Chief of Police may consider issuing concealed weapons permits to those qualified reserve officers serving with the City of Orange, or retirees from our agency. Also, refer to the current policy manual regarding Reserve CCW Endorsements, and policy regarding Retired CCW Endorsements. 208.2 POLICY The Orange Police Department will fairly and impartially consider all applications to carry firearms in accordance with applicable law and this policy. 208.3 QUALIFIED APPLICANTS In order to qualify for a license to carry a firearm, the applicant must meet certain requirements, including: (a)Be a resident of the City of Orange(refer to the California Penal code). (b)Be at least 21 years of age (refer to the California Penal Code). (c)Fully complete an application that will include substantial personal information. Much of the information in the application may be subject to public access under the Public Records Act. (d)Be free from criminal convictions that would disqualify the applicant from carrying a firearm. Fingerprints will be required and a complete criminal background check will be conducted. (e)Be of good moral character (refer to the California Penal Code). (f)Show good cause for the issuance of the license (refer to the California Penal Code). (g)Pay all associated application fees. These fees are set by statute and may not be refunded if the application is denied. Orange Police Department Orange PD Policy Manual License to Carry a Firearm Copyright Lexipol, LLC 2021/04/08, All Rights Reserved. Published with permission by Orange Police Department License to Carry a Firearm - 36 (h)Provide proof of ownership or registration of any firearm to be licensed. (i)Be free from any psychological conditions that might make the applicant unsuitable for carrying a firearm (refer to the California Penal Code). (j)Complete required training (refer to the California Penal Code). 208.4 APPLICATION PROCESS The application process for a license to carry a firearm shall consist of two phases. Upon the successful completion of each phase, the applicant will advance to the next phase until the process is completed and the license is either issued or denied. 208.4.1 PHASE ONE (TO BE COMPLETED BY ALL APPLICANTS) (a)Any individual applying for a license to carry a firearm shall first fully complete a California Department of Justice (DOJ) application to be signed under penalty of perjury. Any applicant who provides false information or statements on the application will be removed from further consideration and may be prosecuted for a criminal offense (refer to the California Penal Code). 1.In the event of any discrepancies in the application or background investigation, the applicant may be required to undergo a polygraph examination, at no cost to the applicant. 2.If an incomplete application package is received, the Chief of Police or authorized designee may do any of the following: (a)Require the applicant to complete the package before any further processing. (b)Advance the incomplete package to phase two for conditional processing pending completion of all mandatory conditions. (c)Issue a denial if the materials submitted at the time demonstrate that the applicant would not qualify for a license to carry a firearm even if the package was completed (e.g., not a resident, disqualifying criminal conviction, absence of good cause). (b)At the time the completed application is submitted, the applicant shall submit a check made payable to the California Department of Justice for the required California DOJ application fee, along with a separate check made payable to the City of Orange for a nonrefundable 20 percent of the application fee to cover the cost of processing the application (refer to the California Penal Code). 1.Additional fees may be required for fingerprinting, training or psychological testing, in addition to the application fee. 2.Full payment of the remainder of the application fee will be required upon issuance of a license. 3.Payment of related fees may be waived if the applicant is a duly appointed reserve peace officer as defined in the California Penal Code. Orange Police Department Orange PD Policy Manual License to Carry a Firearm Copyright Lexipol, LLC 2021/04/08, All Rights Reserved. Published with permission by Orange Police Department License to Carry a Firearm - 37 (c)The applicant shall be required to submit to fingerprinting and a complete criminal background check by the California DOJ. A second set of fingerprints may be required for retention in department files. Two recent passport-size photos (2 inches by 2 inches) of the applicant shall be submitted for department use. No person determined to fall within a prohibited class described in the California Penal Code or the California Welfare and Institutions Code will be issued a license to carry a firearm. A license shall not be issued if the California DOJ determines that the applicant is prohibited by state or federal law from possessing, receiving, owning or purchasing a firearm (refer to the California Penal Code). (d)The applicant should submit at least three signed letters of character reference from individuals other than relatives. (e)The applicant shall submit proof of ownership or registration of each firearm to be licensed. Once the Chief of Police or authorized designee has reviewed the completed application package and relevant background information, the application will either be advanced to phase two or denied. In the event that an application is denied at the conclusion of, or during, phase one, the applicant shall be notified in writing within 90 days of the initial application or within 30 days after receipt of the applicant’s criminal background check from the California DOJ, whichever is later. If the license is denied, the notice shall state which requirement was not satisfied (refer to the California Penal Code). 208.4.2 PHASE TWO This phase is to be completed only by those applicants successfully completing phase one. (a)Upon successful completion of phase one, the applicant shall be scheduled for a personal interview with the Chief of Police or authorized designee. During this stage, there will be further discussion of the applicant’s statement of good cause and any potential restrictions or conditions that might be placed on the license. 1.The determination of good cause should consider the totality of circumstances in each individual case. 2.Any denial for lack of good cause should be rational, articulable and not arbitrary in nature. 3.The Department will provide written notice to the applicant as to the determination of good cause (refer to the California Penal Code). (b)The Chief of Police may, based upon criteria established by the Chief of Police, require that the applicant be referred to an authorized psychologist used by the Department for psychological testing. The cost of such psychological testing (not to exceed $150) shall be paid by the applicant. The purpose of any such psychological testing is intended only to identify any outward indications or history of psychological problems that might render the applicant unfit to carry a firearm. This testing is not intended to certify in any other respect that the applicant is psychologically fit. If it is determined that Orange Police Department Orange PD Policy Manual License to Carry a Firearm Copyright Lexipol, LLC 2021/04/08, All Rights Reserved. Published with permission by Orange Police Department License to Carry a Firearm - 38 the applicant is not a suitable candidate for carrying a firearm, the applicant shall be removed from further consideration (refer to the California Penal Code). (c)The applicant shall complete a course of training approved by the department, which complies with the California Penal Code. The applicant will not be required to complete and pay for any training courses prior to any determination of good cause (refer to the California Penal Code). (d)The applicant shall submit any firearm to be considered for a license to the Firearms Training Staff or other department authorized gunsmith, at no cost to the applicant, for a full safety inspection. The Chief of Police reserves the right to deny a license for any firearm that has been altered from the manufacturer’s specifications or that is unsafe (refer to the California Penal Code). (e)The applicant shall successfully complete a firearms safety and proficiency examination with the firearm to be licensed, to be administered by the department Firearms Training Staff, or provide proof of successful completion of another department-approved firearms safety and proficiency examination, including completion of all releases and other forms. The cost of any outside inspection/ examination shall be the responsibility of the applicant. Once the Chief of Police or authorized designee has verified the successful completion of phase two, the license to carry a firearm will either be granted or denied. Whether an application is approved or denied at the conclusion of or during phase two, the applicant shall be notified in writing within 90 days of the initial application or within 30 days after receipt of the applicant’s criminal background check from the California DOJ, whichever is later. If the license is denied, the notice shall state which requirement was not satisfied (refer to the California Penal Code). 208.5 LIMITED BUSINESS LICENSE TO CARRY A CONCEALED FIREARM The authority to issue a limited business license to carry a concealed firearm to a non-resident applicant is granted only to the Sheriff of the county in which the applicant works. A chief of a municipal police department may not issue limited licenses (refer to the California Penal Code). Therefore, such applicants may be referred to the Sheriff for processing. An individual who is not a resident of the county but who otherwise successfully completes all portions of phases one and two above, may apply for and be issued a limited license subject to approval by the Sheriff and subject to the following: (a)The applicant physically spends a substantial period of working hours in the applicant’s principal place of employment or business within the City of Orange(refer to the California Penal Code). (b)Such a license will be valid for a period not to exceed 90 days from the date of issuance (refer to the California Penal Code). (c)The applicant shall provide a copy of the license to the licensing authority of the city or county in which the applicant resides (refer to the California Penal Code). Orange Police Department Orange PD Policy Manual License to Carry a Firearm Copyright Lexipol, LLC 2021/04/08, All Rights Reserved. Published with permission by Orange Police Department License to Carry a Firearm - 39 (d)Any application for renewal or reissuance of such a license may be granted only upon concurrence of the original issuing authority and the licensing authority of the city or county in which the applicant resides (refer to the California Penal Code). 208.6 ISSUED FIREARMS PERMITS In the event a license to carry a firearm is issued by the Chief of Police, the following shall apply: (a)The license will be subject to any and all reasonable restrictions or conditions the Chief of Police has deemed warranted, including restrictions as to the time, place, manner and circumstances under which the person may carry the firearm. 1.All such restrictions or conditions shall be conspicuously noted on any license issued (refer to the California Penal Code). 2.The licensee will be required to sign a Restrictions and Conditions Agreement. Any violation of any of the restrictions and conditions may result in the immediate revocation of the license. (b)The license shall be laminated, bearing a photograph of the licensee with the expiration date, type of firearm, restrictions and other pertinent information clearly visible. 1.Each license shall be numbered and clearly identify the licensee. 2.All licenses shall be subjected to inspection by the Chief of Police or any law enforcement officer. (c)The license will be valid for a period not to exceed two years from the date of issuance (refer to the California Penal Code). 1.A license issued to a state or federal magistrate, commissioner or judge will be valid for a period not to exceed three years. 2.A license issued to any reserve peace officer as defined in the California Penal Code, or a custodial officer employed by the Sheriff as provided in the California Penal Code will be valid for a period not to exceed four years, except that such license shall be invalid upon the individual’s conclusion of service as a reserve officer. (d)If the licensee’s place of residence was the basis for issuance of a license and the licensee moves out of the county of issuance, the license shall expire 90 days after the licensee has moved (refer to the California Penal Code). (e)The licensee shall notify this department in writing within 10 days of any change of place of residency. 208.6.1 LICENSE RESTRICTIONS (a)The Chief of Police may place special restrictions limiting time, place, manner and circumstances under which any license shall be valid. In general, these restrictions will prohibit the licensee from: 1.Consuming any alcoholic beverage while armed. 2.Falsely representing him/herself as a peace officer. Orange Police Department Orange PD Policy Manual License to Carry a Firearm Copyright Lexipol, LLC 2021/04/08, All Rights Reserved. Published with permission by Orange Police Department License to Carry a Firearm - 40 3.Unjustified or unreasonable displaying of a firearm. 4.Committing any crime. 5.Being under the influence of any medication or drug while armed. 6.Interfering with any law enforcement officer’s duties. 7.Refusing to display his/her license or firearm for inspection upon demand of any peace officer. 8.Loading the permitted firearm with illegal ammunition. (b)The Chief of Police reserves the right to inspect any license or licensed firearm at any time. (c)The alteration of any previously approved firearm including, but not limited to adjusting the trigger pull, adding laser sights or modifications shall void any license and serve as grounds for revocation. 208.6.2 AMENDMENTS TO LICENSES Any licensee may apply to amend a license at any time during the period of validity by completing and submitting a written Application for License Amendment along with the current processing fee to the Department in order to (refer to the California Penal Code) (a)Add or delete authority to carry a firearm listed on the license. (b)Change restrictions or conditions previously placed on the license. (c)Change the address or other personal information of the licensee (refer to the California Penal Code). In the event that any amendment to a valid license is approved by the Chief of Police, a new license will be issued reflecting the amendment. An amendment to any license will not serve to extend the original expiration date and an application for an amendment will not constitute an application for renewal of the license. 208.6.3 REVOCATION OF LICENSES Any license issued pursuant to this policy may be immediately revoked by the Chief of Police for any of the following reasons: (a)The licensee has violated any of the restrictions or conditions placed upon the license. (b)The licensee becomes psychologically unsuitable to carry a firearm. (c)The licensee is determined to be within a prohibited class described in the California Penal Code,California Welfare and Institutions Code or any state or federal law. (d)The licensee engages in any conduct which involves a lack of good moral character or that might otherwise remove the good cause for the original issuance of the license. Orange Police Department Orange PD Policy Manual License to Carry a Firearm Copyright Lexipol, LLC 2021/04/08, All Rights Reserved. Published with permission by Orange Police Department License to Carry a Firearm - 41 (e)If the license is one to carry “loaded and exposed,” the license shall be revoked immediately upon a change of the licensee’s place of residence to another county (refer to the California Penal Code). The issuance of a license by the Chief of Police shall not entitle the holder to either a property or liberty interest as the issuance, amendment or revocation of such license remains exclusively within the discretion of the Chief of Police as set forth herein. If any license is revoked, the Department will immediately notify the licensee in writing and the California DOJ (refer to the California Penal Code). 208.6.4 LICENSE RENEWAL No later than 90 days prior to the expiration of any valid license to carry a firearm, the licensee may apply to the Chief of Police for a renewal by: (a)Verifying all information submitted in the original application under penalty of perjury. (b)Completing a department-approved training course pursuant to the California Penal Code. The applicant shall not be required to pay for a training course prior to the determination of good cause. (c)Submitting any firearm to be considered for a license renewal to the Firearms Training Staff for a full safety inspection. The Chief of Police reserves the right to deny a license for any firearm that has been altered from the manufacturer’s specifications or that is unsafe (refer to the California Penal Code). (d)Paying a non-refundable renewal application fee. Once the Chief of Police or authorized designee has verified the successful completion of the renewal process, the renewal of the license to carry a firearm will either be granted or denied. Prior issuance of a license shall not entitle any licensee to any property or liberty right to renewal. Whether an application for renewal is approved or denied, the applicant shall be notified in writing within 90 days of the renewal application or within 30 days after receipt of the applicant’s criminal background check from the California DOJ, whichever is later (refer to the California Penal Code). 208.7 DEPARTMENT REPORTING AND RECORDS Pursuant to the California Penal Code, the Chief of Police shall maintain a record of the following and immediately provide copies of each to the California DOJ: (a)The denial of a license (b)The denial of an amendment to a license (c)The issuance of a license (d)The amendment of a license (e)The revocation of a license The Chief of Police shall annually submit to the State Attorney General the total number of licenses to carry firearms issued to reserve peace officers and judges. Orange Police Department Orange PD Policy Manual License to Carry a Firearm Copyright Lexipol, LLC 2021/04/08, All Rights Reserved. Published with permission by Orange Police Department License to Carry a Firearm - 42 208.8 CONFIDENTIAL RECORDS The home address and telephone numbers of any peace officer, public defender, prosecutor, magistrate, court commissioner or judge contained in an application shall not be considered public record (refer to the California Government Code). Any information in an application for a license to carry a firearm that indicates when or where the applicant is vulnerable to attack or that concerns the applicant’s medical or psychological history or that of his/her family shall not be considered public record (refer to the California Government Code). Policy 209 Orange Police Department Orange PD Policy Manual Copyright Lexipol, LLC 2021/04/08, All Rights Reserved. Published with permission by Orange Police Department CCW Endorsement for Reserve Officers - 43 CCW Endorsement for Reserve Officers 209.1 PURPOSE AND SCOPE The purpose of this policy is to establish procedural guidelines for the issuance of concealed weapon permits (CCW) to actively employed Orange Police Department reserve officers. 209.1.1 BACKGROUND The California Penal Code gives the sheriff of a county, upon proof that the person applying is of good moral character, that good cause exists for the issuance, and that the person applying satisfies any one of the conditions specified in the penal code, may issue to that person a license to carry a pistol, revolver, or other firearm capable of being concealed upon the person. The California Penal Code gives the chief or other head of a municipal police department, upon proof that the person is of good moral character, that good cause exists for the issuance, and that the person applying is a person who has been deputized or appointed as a peace officer pursuant to the penal code by that chief or other head of a municipal police department, may issue to that person a license to carry concealed a pistol, revolver, or other firearm capable of being concealed upon the person. A permit may include any reasonable restrictions or conditions which the issuing authority deems warranted, including restrictions as to the time, place, and circumstances under which the person may carry a concealed firearm. 209.1.2 POLICY It is the policy of this department that general requests for concealed weapons permits be referred to the Orange County Sheriff's Department. The Chief of Police may consider issuing concealed weapons permits to those qualified reserve officers serving with the City of Orange. 209.2 REQUIREMENTS FOR APPLICATION (a)Pursuant to the California Penal Code, the Chief of Police may consider issuing concealed weapons permits to reserve officers. 1.Residency in the City of Orange is not required. (b)The applicant must be a qualified reserve peace officer appointed pursuant to the California Penal Code. (c)The applicant must be certified as a Level I reserve officer and have served in that capacity for one year. (d)The reserve officer must have successfully completed the Field Training Program. (e)The reserve officer must possess experience serving as a solo officer in the field. Orange Police Department Orange PD Policy Manual CCW Endorsement for Reserve Officers Copyright Lexipol, LLC 2021/04/08, All Rights Reserved. Published with permission by Orange Police Department CCW Endorsement for Reserve Officers - 44 209.3 RESTRICTIONS/CONDITIONS OF ISSUANCE PURSUANT TO THE CURRENT CALIFORNIA PENAL CODE SECTION (a)Such concealed weapons permits pursuant to the California Penal Code are valid for any period of time not to exceed four years, except that any such license shall be invalid upon the conclusion of the person's appointment as a reserve peace officer with the City of Orange any other condition imposed pursuant to this section does not limit the validity of the license to a shorter period of time. (b)The Chief of Police may waive local fees for the issuance of a license pursuant to the California Penal Code. (c)The CCW privilege is authorized by California law. The right for a reserve officer to carry a concealed and loaded firearm only applies within the State of California. (d)While carrying a concealed weapon, the licensee shall not: 1.Unjustifiably display a concealed weapon, 2.Be under the adverse or inhibiting influence of any medication, narcotic drug or alcohol, 3.Refuse to show his/her CCW permit to any peace officer on demand, 4.Violate any state, county or city law. (e)The Orange Police Department may attach any reasonable conditions deemed necessary, including but not limited to: 1.The type of weapon to be carried, 2.The type of ammunition that may be used, 3.The time of day the weapon may be carried. 209.4 APPLICATION REQUIREMENTS (a)The reserve officer applicant shall draft a memo, directed to the Chief of Police, through the reserve coordinator and Field Services Division Commander, stating his/her desire to obtain a CCW permit. (b)The reserve coordinator shall review the application and ensure that the reserve officer has obtained Level One status outlined in the California Penal Code and that his/ her performance and judgment within that assignment meets the expectations of an Orange Reserve Officer. (c)If the request is approved, the reserve officer shall submit two fingerprint cards (Dept. of Justice BID-7) to the Training and Personnel sergeant. 1.The Training and Personnel sergeant will indicate on the back of the cards, under "License Permit Certification Title"- "Peace Officer CCW." The appropriate Orange Police Department Orange PD Policy Manual CCW Endorsement for Reserve Officers Copyright Lexipol, LLC 2021/04/08, All Rights Reserved. Published with permission by Orange Police Department CCW Endorsement for Reserve Officers - 45 information will be documented in the remaining portions of the cards, including the reserve officer's home address. (d)There is a State Department of Justice fee for processing such applications.. The reserve officer will obtain a money order in that amount and submit that money order to the Training and Personnel sergeant, who will submit the fingerprint cards with the fees to the State of California, Department of Justice. The address is indicated on the back of DOJ BID-7. (e)If the Department of Justice approves the license, the Training and Personnel sergeant shall complete form DOJ BCIA 4501. In the "restrictions/if any" line, enter "Peace Officer/up to four years." (f)Obtain the reserve officer's thumb print and signature as designated on the form. (g)Applicant photographs are not required. (h)The reserve officer must show proof of when and where the weapon was purchased. (i)The officer must present the weapon for inspection to the Orange Police Department's armorer, so as to verify good working order. (j)Obtain the signature of Chief of Police. (k)Sections A and B of BCIA 4501 constitute the CCW license. The reserve officer shall be provided with the white copy of the form. The yellow copy shall be sent to the Department of Justice. The pink copy shall be filed with the secretary to the Chief of Police. A copy of the form shall be included in the reserve officer's Division File and Training File. 209.5 QUALIFICATION REQUIREMENTS (a)A reserve officer authorized to carry a concealed firearm off-duty shall qualify with the firearm pursuant to the guidelines established by the Personnel and Training Bureau. 1.Failure to qualify pursuant to these guidelines shall be considered a reason for revoking the CCW license. If any section, subsection, sentence, paragraph, clause, phrase, or portion of this policy is, for any reason, held to be unconstitutional or invalid by a court decision, such decision shall not affect the remaining portions of the policy. Policy 210 Orange Police Department Orange PD Policy Manual Copyright Lexipol, LLC 2021/04/08, All Rights Reserved. Published with permission by Orange Police Department Retiree Concealed Firearms - 46 Retiree Concealed Firearms 210.1 PURPOSE AND SCOPE The purpose of this policy is to provide guidelines for the issuance, denial, suspension or revocation of Orange Police Department identification cards under the Law Enforcement Officers’ Safety Act (LEOSA) and California law (refer to the U.S. Code and California Penal Code). 210.2 POLICY It is the policy of the Orange Police Department to provide identification cards to qualified former or retired officers as provided in this policy. 210.2.1 HONORABLY RETIRED PEACE OFFICERS (a)The definition of "honorably retired" is found in the California Penal Code.. Any peace officer who has qualified for and accepted either a service or disability retirement is considered to be "honorably retired." 1."Honorably retired" does not include an officer who has agreed to a service retirement in lieu of termination. (b)Honorable retirement can apply to either a service or disability retirement. Both service and disability retirements are defined by the California Public Employees Retirement System. To be eligible for service retirement you must be at least age 50 and have five years of Cal PERS credit service. There are two types of disability retirements. If the cause of the disability is job related, there is no minimum service requirement. The date of separation with the City of Orange determines whether an employee has resigned or has retired and qualifies for the CCW privilege. (c)When an officer is retired due to a psychological disability (including stress), in the California Penal Code specifies that no endorsement to carry a concealed and loaded firearm shall be issued if the officer retires after January 1, 1989. The identification card shall be stamped in bold red letters "No CCW Privilege." (d)The CCW privilege is authorized by California law. The right for an honorably retired officer to carry a concealed and loaded firearm only applies within the State of California, unless a reciprocal agreement exists with another state. 210.3 LEOSA The Chief of Police may issue an identification card for LEOSA purposes to any qualified former officer of this department who (refer to the U.S. Code): (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. Orange Police Department Orange PD Policy Manual Retiree Concealed Firearms Copyright Lexipol, LLC 2021/04/08, All Rights Reserved. Published with permission by Orange Police Department Retiree Concealed Firearms - 47 (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. 210.3.1 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 Orange 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. 210.3.2 AUTHORIZATION Any qualified former law enforcement officer, including a former officer of this department, may carry a concealed firearm under the U.S. Code when he/she is: (a)In possession of photographic identification that identifies him/her as having been employed as a law enforcement officer, and one of the following: 1.An indication from the person’s former law enforcement agency that he/she has, within the past year, been tested or otherwise found by the law enforcement 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. 210.4 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 (refer to the California Penal Code). (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. Orange Police Department Orange PD Policy Manual Retiree Concealed Firearms Copyright Lexipol, LLC 2021/04/08, All Rights Reserved. Published with permission by Orange Police Department Retiree Concealed Firearms - 48 (b)No CCW Approved endorsement shall be issued to any officer retiring because of a psychological disability (refer to the California Penal Code). 210.4.1 REQUIREMENTS OF THE UNITED STATES CODE REGARDING RETIRED POLICE OFFICERS AND CONCEALED FIREARMS (a)Notwithstanding any other provision of the law of any state or any political subdivision thereof, an individual who is a qualified retired law enforcement officer and who is carrying the identification required by subsection (d) may carry a concealed firearm that has been shipped or transported in interstate or foreign commerce, subject to subsection (b). (b)This section shall not be construed to supersede or limit the laws of any state that: 1.Permit private persons or entities to prohibit or restrict the possession of concealed firearms on their property, or 2.Prohibit or restrict the possession of firearms on any State or local government property, installation, building, base, or park. (c)As used in this section, the term "qualified retired law enforcement officer" means an individual who: 1.Retired in good standing from service with a public agency as a law enforcement officer, other than for reasons of mental instability, 2.Before such retirement, was authorized by law to engage in or supervise the prevention, detection, investigation, or prosecution of, or the incarceration of any person for, any violation of law, and had statutory powers of arrest, 3.Before such retirement, was regularly employed as a law enforcement officer for an aggregate of 15 years or more, or (a)Retired from service with such agency, after completing any applicable probationary period of such service, due to a service connected disability, as determined by such agency. 4.Has a non forfeitable right to benefits under the retirement plan of the agency, 5.During the most recent 12-month period, has met, at the expense of the individual, the State's standards for training and qualification for active law enforcement officers to carry firearms, 6.Is not under the influence of alcohol or another intoxicating or hallucinatory drug or substance, and 7.Is not prohibited by Federal law from receiving a firearm. (d)The identification required by this subsection is: (a)A photographic identification issued by the agency from which the individual retired from service as a law enforcement officer that indicates that the individual has, not less recently than one year before the date the individual is carrying the concealed firearm, been tested or otherwise found by the agency to meet Orange Police Department Orange PD Policy Manual Retiree Concealed Firearms Copyright Lexipol, LLC 2021/04/08, All Rights Reserved. Published with permission by Orange Police Department Retiree Concealed Firearms - 49 the standards established by the agency for training and qualification for active law enforcement officers to carry a firearm of the same type as the concealed firearm, or (b)A photographic identification issued by the agency from which the individual retired from service as a law enforcement officer, and (a)A certification issued by the State in which the individual resides that indicates that the individual has, not less recently than one year before the date the individual is carrying the concealed firearm, been tested or otherwise found by the State to meet the standards established by the State for training and qualification for active law enforcement officers to carry a firearm of the same type as the concealed firearm. (e)As used in this section, the term "firearm" does not include: 1.Any machine gun (as defined in the National Firearms Act). 2.Any firearm silencer (as defined in the U.S. Code), and 3.A destructive device (as defined in the U.S. Code). 210.4.2 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 (refer to the California Penal Code): (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.” 210.4.3 QUALIFIED RETIRED RESERVES Qualified retired reserve officers who meet the department requirements shall be provided an identification card with a CCW Approved endorsement (refer to the California Penal Code). 210.5 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. 210.5.1 RESPONSIBILITIES UNDER LEOSA In order to obtain or retain a LEOSA identification card, the former officer shall: Orange Police Department Orange PD Policy Manual Retiree Concealed Firearms Copyright Lexipol, LLC 2021/04/08, All Rights Reserved. Published with permission by Orange Police Department Retiree Concealed Firearms - 50 (a)Sign a waiver of liability of the Department for all acts taken related to carrying a concealed firearm, acknowledging both his/her personal responsibility as a private person for all acts taken when carrying a concealed firearm as permitted by LEOSA and also that these acts were not taken as an employee or former employee of the 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. 210.5.2 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 (refer to the California Penal Code): (a)Qualify annually 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. (d)Only be authorized to carry a concealed firearm inspected and approved by the Department. 210.6 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. 210.7 DENIAL, SUSPENSION OR REVOCATION OF A CALIFORNIA CCW ENDORSEMENT CARD A CCW endorsement under the California Penal Code 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. (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 (refer to the California Penal Code). Orange Police Department Orange PD Policy Manual Retiree Concealed Firearms Copyright Lexipol, LLC 2021/04/08, All Rights Reserved. Published with permission by Orange Police Department Retiree Concealed Firearms - 51 (a)The retiree shall have 15 days from the date of service to file a written request for a hearing. (b)The hearing, absent written agreement between the parties, shall be held no later than 120 days after the request is received (refer to the California Penal Code). (c)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 (refer to the California Penal Code). 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)Personnel who have reason to suspect the conduct of a retiree has compromised public safety shall notify the Watch Commander as soon as practicable. The Watch Commander should promptly take appropriate steps to look into the matter and, if warranted, contact the retiree in person and advise him/her of the temporary suspension and hearing information listed below. (a)Notification of the temporary suspension should also be promptly mailed to the retiree via first class mail, postage prepaid, return receipt requested (refer to the California Penal Code). (b)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. (c)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. (d)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 Orange Police Department Orange PD Policy Manual Retiree Concealed Firearms Copyright Lexipol, LLC 2021/04/08, All Rights Reserved. Published with permission by Orange Police Department Retiree Concealed Firearms - 52 Commander may request that a law enforcement officer from that agency act as the agent of the Department to deliver the written notification. 210.8 FIREARM QUALIFICATIONS The department may provide its 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 Training Division and Firearms Training Staff will maintain a record of the qualifications and weapons used. Orange Police Department Orange PD Policy Manual Copyright Lexipol, LLC 2021/04/08, All Rights Reserved. Published with permission by Orange Police Department General Operations - 53 Chapter 3 - General Operations Policy 300 Orange Police Department Orange PD Policy Manual Copyright Lexipol, LLC 2021/04/08, All Rights Reserved. Published with permission by Orange Police Department Use of Force - 54 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 employee 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. Orange Police Department Orange PD Policy Manual Use of Force Copyright Lexipol, LLC 2021/04/08, All Rights Reserved. Published with permission by Orange Police Department Use of Force - 55 300.2.1 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)). 300.2.2 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. 300.2.3 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. Orange Police Department Orange PD Policy Manual Use of Force Copyright Lexipol, LLC 2021/04/08, All Rights Reserved. Published with permission by Orange Police Department Use of Force - 56 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 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). 300.3.2 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). (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. Orange Police Department Orange PD Policy Manual Use of Force Copyright Lexipol, LLC 2021/04/08, All Rights Reserved. Published with permission by Orange Police Department Use of Force - 57 (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. 300.3.3 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. 300.3.4 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 Orange Police Department for this specific purpose. 300.3.5 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 Orange Police Department Orange PD Policy Manual Use of Force Copyright Lexipol, LLC 2021/04/08, All Rights Reserved. Published with permission by Orange Police Department Use of Force - 58 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. 300.3.6 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). 300.4 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. 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). Orange Police Department Orange PD Policy Manual Use of Force Copyright Lexipol, LLC 2021/04/08, All Rights Reserved. Published with permission by Orange Police Department Use of Force - 59 300.4.1 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 an employee 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. 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. Orange Police Department Orange PD Policy Manual Use of Force Copyright Lexipol, LLC 2021/04/08, All Rights Reserved. Published with permission by Orange Police Department Use of Force - 60 (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 Bureau 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 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. Orange Police Department Orange PD Policy Manual Use of Force Copyright Lexipol, LLC 2021/04/08, All Rights Reserved. Published with permission by Orange Police Department Use of Force - 61 300.7 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. 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 TRAINING Officers, investigators, and supervisors will receive periodic training on this policy and demonstrate their knowledge and understanding (Government Code § 7286(b)). Orange Police Department Orange PD Policy Manual Use of Force Copyright Lexipol, LLC 2021/04/08, All Rights Reserved. Published with permission by Orange Police Department Use of Force - 62 Subject to available resources, the Personnel and 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. 300.9 USE OF FORCE ANALYSIS At least annually, the Field Services Division Commander 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 employees. (b)Training needs recommendations. (c)Equipment needs recommendations. (d)Policy revision recommendations. 300.10 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)). 300.11 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)). 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 301 Orange Police Department Orange PD Policy Manual Copyright Lexipol, LLC 2021/04/08, All Rights Reserved. Published with permission by Orange Police Department Handcuffing and Restraints - 63 Handcuffing and Restraints 301.1 PURPOSE AND SCOPE This policy provides guidelines for the use of handcuffs and other restraints during detentions and arrests. 301.2 POLICY The Orange 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. 301.3 USE OF RESTRAINTS Only sworn personnel who have successfully completed Orange 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. 301.3.1 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. 301.3.2 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. Orange Police Department Orange PD Policy Manual Handcuffing and Restraints Copyright Lexipol, LLC 2021/04/08, All Rights Reserved. Published with permission by Orange Police Department Handcuffing and Restraints - 64 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). 301.3.3 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. 301.3.4 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. 301.4 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. 301.5 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. Orange Police Department Orange PD Policy Manual Handcuffing and Restraints Copyright Lexipol, LLC 2021/04/08, All Rights Reserved. Published with permission by Orange Police Department Handcuffing and Restraints - 65 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. 301.6 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. 301.7 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). 301.7.1 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. Orange Police Department Orange PD Policy Manual Handcuffing and Restraints Copyright Lexipol, LLC 2021/04/08, All Rights Reserved. Published with permission by Orange Police Department Handcuffing and Restraints - 66 (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). 301.8 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 shall 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. 301.9 TRAINING Subject to available resources, the Training Bureau 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. Orange Police Department Orange PD Policy Manual Handcuffing and Restraints Copyright Lexipol, LLC 2021/04/08, All Rights Reserved. Published with permission by Orange Police Department Handcuffing and Restraints - 67 (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. Policy 302 Orange Police Department Orange PD Policy Manual Copyright Lexipol, LLC 2021/04/08, All Rights Reserved. Published with permission by Orange Police Department Control Devices and Techniques - 68 Control Devices and Techniques 302.1 PURPOSE AND SCOPE This policy provides guidelines for the use and maintenance of control devices that are described in this policy. 302.2 POLICY In order to control subjects who are violent or who demonstrate the intent to be violent, the Orange Police Department authorizes officers to use control devices in accordance with the guidelines in this policy and the Use of Force Policy. 302.3 ISSUING, CARRYING AND USING CONTROL DEVICES Control devices described in this policy may be carried and used by employees 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. 302.4 RESPONSIBILITIES 302.4.1 WATCH COMMANDER'S RESPONSIBILITIES The Watch Commander may authorize the use of a control device by selected personnel or personnel of specialized units who have successfully completed the required training. 302.4.2 FIREARMS TRAINING STAFF RESPONSIBILITIES The Firearms Training Staff 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 Firearms Training Staff or the designated instructor for a particular control device. The inspection shall be documented. 302.4.3 USER RESPONSIBILITIES All normal maintenance, charging or cleaning shall remain the responsibility of personnel using the various devices. Orange Police Department Orange PD Policy Manual Control Devices and Techniques Copyright Lexipol, LLC 2021/04/08, All Rights Reserved. Published with permission by Orange Police Department Control Devices and Techniques - 69 Any damaged, inoperative, outdated or expended control devices or munitions, along with documentation explaining the cause of the damage, shall be returned to the Firearms Training Staff for disposition. Damage to City property forms shall also be prepared and forwarded through the chain of command, when appropriate, explaining the cause of damage. 302.5 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. 302.6 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 SWAT Commander with the rank of Lieutenant or above 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. 302.6.1 MAINTENANCE RESPONSIBILITY All normal maintenance, charging or cleaning shall remain the responsibility of the department armorer. 302.7 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. 302.7.1 OC SPRAY Should uniformed personnel carrying OC spray, they shall carry the canister 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. Orange Police Department Orange PD Policy Manual Control Devices and Techniques Copyright Lexipol, LLC 2021/04/08, All Rights Reserved. Published with permission by Orange Police Department Control Devices and Techniques - 70 302.7.2 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. 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. 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. 302.7.3 TREATMENT FOR OC 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. 302.8 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. 302.9 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. 302.9.1 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 Orange Police Department Orange PD Policy Manual Control Devices and Techniques Copyright Lexipol, LLC 2021/04/08, All Rights Reserved. Published with permission by Orange Police Department Control Devices and Techniques - 71 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. (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. 302.9.2 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. 302.9.3 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. Orange Police Department Orange PD Policy Manual Control Devices and Techniques Copyright Lexipol, LLC 2021/04/08, All Rights Reserved. Published with permission by Orange Police Department Control Devices and Techniques - 72 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. 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. 302.10 TRAINING FOR CONTROL DEVICES The Training Bureau 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 re-certified 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. 302.11 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. Policy 303 Orange Police Department Orange PD Policy Manual Copyright Lexipol, LLC 2021/04/08, All Rights Reserved. Published with permission by Orange Police Department Conducted Electrical Weapon - 73 Conducted Electrical Weapon 303.1 PURPOSE AND SCOPE This policy provides guidelines for the issuance and use of TASER devices. 303.2 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. 303.3 ISSUANCE AND CARRYING TASER DEVICES Only sworn personnel who have successfully completed department-approved training may be issued and carry the TASER device. TASER devices are issued for use during an officer’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. Officers 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 or in a cross draw configuration if carried on the same side as the officer's firearm. This will reduce the possibility of accidentally drawing and/or firing a firearm. (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. 303.4 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. Orange Police Department Orange PD Policy Manual Conducted Electrical Weapon Copyright Lexipol, LLC 2021/04/08, All Rights Reserved. Published with permission by Orange Police Department Conducted Electrical Weapon - 74 (b)Provide other officers and individuals with a warning that the TASER device may be deployed. 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. 303.5 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. 303.5.1 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. 303.5.2 DOCUMENTATION AFTER APPLICATION OF A TASER (a)When a TASER is used to control a person, photographs should be taken of the area affected by the discharged probes or of any points where the discharged device made direct contact with the subject's skin. Photographs should also be taken of any other subsequent injuries that were a direct result of the application of a TASER. Such photographs should be booked into evidence. (b)When practical, every effort should be made to secure the spent cartridge, attached wires with probes, and some of the paper AFIDs (Anti-Felon Identification Data), consisting of approximately 20 pieces of microfilm printed with the serial number of the Air Cartridge used, which shall be booked into evidence. All items collected and Orange Police Department Orange PD Policy Manual Conducted Electrical Weapon Copyright Lexipol, LLC 2021/04/08, All Rights Reserved. Published with permission by Orange Police Department Conducted Electrical Weapon - 75 submitted into evidence are to be marked with the appropriate warnings for Biohazard and Sharp Objects. (c)The on-board TASER memory will be downloaded through the data port, and saved with the related arrest/crime report. 303.5.3 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. (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. 303.5.4 REPORT OF USE All TASER device discharges shall be documented in the related Arrest and/or Incident Report by the officer who deployed it and on the TASER device Use Report by the officer or a supervisor. The narrative portion of the TASER device Use Report may refer to the narrative portion of the Arrest and/or Incident Report for further details of the incident. Accidental discharges of a TASER device cartridge will also be documented on the TASER device Use Report. Officers shall document this use of force in compliance with the current policy regarding use of force. The Arrest and/or Incident Report documenting the use of a TASER device shall include the following information: (a)Serial number of the device and cartridge used, (b)The reason for deployment. What precipitated the use of the TASER device (include specific subject behaviors), (c)Additional information available to the officer(s), such as knowledge of the subject's past violent nature, expertise in martial arts or other unarmed defensive tactics, etc., Orange Police Department Orange PD Policy Manual Conducted Electrical Weapon Copyright Lexipol, LLC 2021/04/08, All Rights Reserved. Published with permission by Orange Police Department Conducted Electrical Weapon - 76 1.Indications of drug use and/or alcohol intoxication 2.Suicidal or mentally unstable subjects posing a threat to themselves or others (d)Whether verbal and/or other warning was given, or reasons it was not given, (e)Number of times the TASER device was deployed. Any repeated application of the TASER device shall be clearly documented, (f)Targeted and actual impact locations; distance of the subject from the deploying officer, (g)What were the observed results of the TASER device's utilization, (h)The name and rank of the responding supervisor, (i)All post-deployment medical care given, including medical personnel involved with the subject (the report shall include the OFD engine company, involved hospitals, etc.), (j)The number of post-deployment photos taken. The original TASER device Use Report shall be attached to the officer's Incident Report or Arrest Report. Copies of theTASER device Use Report shall be sent to the respective division commander and the sergeant in the Training and Personnel. 303.5.5 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. 303.5.6 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. Orange Police Department Orange PD Policy Manual Conducted Electrical Weapon Copyright Lexipol, LLC 2021/04/08, All Rights Reserved. Published with permission by Orange Police Department Conducted Electrical Weapon - 77 303.5.7 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. 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. 303.5.8 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. 303.5.9 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. 303.6 DOCUMENTATION Officers shall document all TASER device discharges in the related arrest/crime report and the TASER device use 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. 303.6.1 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 303.7 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. Orange Police Department Orange PD Policy Manual Conducted Electrical Weapon Copyright Lexipol, LLC 2021/04/08, All Rights Reserved. Published with permission by Orange Police Department Conducted Electrical Weapon - 78 (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 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. 303.8 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 the Training Bureau and saved with the related arrest/crime report. Photographs of probe sites should be taken and witnesses interviewed. 303.9 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 re-certified 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 Bureau 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. Orange Police Department Orange PD Policy Manual Conducted Electrical Weapon Copyright Lexipol, LLC 2021/04/08, All Rights Reserved. Published with permission by Orange Police Department Conducted Electrical Weapon - 79 The Training Bureau 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 Bureau 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. (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. Policy 304 Orange Police Department Orange PD Policy Manual Copyright Lexipol, LLC 2021/04/08, All Rights Reserved. Published with permission by Orange Police Department Officer-Involved Shootings and Deaths - 80 Officer-Involved Shootings and Deaths 304.1 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. 304.2 POLICY The policy of the Orange Police Department is to ensure that officer-involved shootings and deaths are investigated in a thorough, fair and impartial manner. 304.3 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. 304.4 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. 304.4.1 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 Orange Police Department would control the investigation if the suspect’s crime occurred in Orange. 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. Orange Police Department Orange PD Policy Manual Officer-Involved Shootings and Deaths Copyright Lexipol, LLC 2021/04/08, All Rights Reserved. Published with permission by Orange Police Department Officer-Involved Shootings and Deaths - 81 304.4.2 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. 304.4.3 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. 304.5 INVESTIGATION PROCESS The following procedures are guidelines used in the investigation of an officer-involved shooting or death. 304.5.1 UNINVOLVED OFFICER RESPONSIBILITIES Upon arrival at the scene of an officer-involved shooting, the first uninvolved OPD 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. 304.5.2 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 Division Commander. All outside inquiries about the incident shall be directed to the Watch Commander. 304.5.3 NOTIFICATIONS The following person(s) shall be notified as soon as practicable: •Chief of Police •Investigative Services Division Commander •Officer Involved Shooting rollout team •Outside agency investigator (if appropriate) Orange Police Department Orange PD Policy Manual Officer-Involved Shootings and Deaths Copyright Lexipol, LLC 2021/04/08, All Rights Reserved. Published with permission by Orange Police Department Officer-Involved Shootings and Deaths - 82 •Legal Affairs Office supervisor •Civil liability response team •Psychological/peer support personnel •Chaplain •Coroner (if necessary) •Involved officer's agency representative (if requested) •Public Information Officer 304.5.4 SUPERVISOR RESPONSIBILITIES Upon arrival at the scene, the first uninvolved OPD 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 OPD 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. (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 the Communications Center. If feasible, sensitive information should be communicated over secure networks. (d)Take command of and secure the incident scene with additional OPD personnel 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 OPD officer should be given an administrative order not to discuss the incident with other involved officers or OPD employees pending further direction from a supervisor. (b)When an involved officer’s weapon is taken or left at the scene for other than officer-safety reasons (e.g., evidence), ensure that he/she is provided with a comparable replacement weapon or transported by other officers. Orange Police Department Orange PD Policy Manual Officer-Involved Shootings and Deaths Copyright Lexipol, LLC 2021/04/08, All Rights Reserved. Published with permission by Orange Police Department Officer-Involved Shootings and Deaths - 83 304.5.5 INVOLVED OFFICERS The following shall be considered for the involved officer: (a)Any request for legal or union representation will be accommodated. 1.Involved OPD 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-OPD 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 (refer to the California Government Code). (d)A licensed psychotherapist shall be provided by the Department to each involved OPD officer. A licensed psychotherapist may also be provided to any other affected OPD members, upon request. (a)Interviews with a licensed psychotherapist will be considered privileged. (b)An interview or session with a licensed psychotherapist may take place prior to the member providing a formal interview or report. However, involved members shall not be permitted to consult or meet collectively or in a group with a licensed psychotherapist prior to providing a formal interview or report. (c)A separate fitness-for-duty exam may also be required (see the Fitness for Duty Policy). (e)Although the Department will honor the sensitivity of communications with peer counselors, there is no legal privilege to such communications. Peer counselors are cautioned against discussing the facts of any incident with an involved or witness officer. Care should be taken to preserve the integrity of any physical evidence present on the involved officer's equipment or clothing, such as blood or fingerprints, until investigators or lab personnel can properly retrieve it. Each involved OPD 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. 304.6 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. Orange Police Department Orange PD Policy Manual Officer-Involved Shootings and Deaths Copyright Lexipol, LLC 2021/04/08, All Rights Reserved. Published with permission by Orange Police Department Officer-Involved Shootings and Deaths - 84 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)OPD supervisors and Legal Affairs Office personnel should not participate directly in any voluntary interview of OPD officers. This will not prohibit such 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 (refer to the California Government Code). 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. 304.6.1 REPORTS BY INVOLVED ORANGE POLICE DEPARTMENT OFFICERS In the event that suspects remain outstanding or subject to prosecution for related offenses, this department shall retain the authority to require involved OPD officers to provide sufficient information for related criminal reports to facilitate the apprehension and prosecution of those individuals (refer to the California Government Code ). While the involved OPD 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 OPD 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. 304.6.2 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 Orange Police Department Orange PD Policy Manual Officer-Involved Shootings and Deaths Copyright Lexipol, LLC 2021/04/08, All Rights Reserved. Published with permission by Orange Police Department Officer-Involved Shootings and Deaths - 85 reasonable steps to promptly coordinate with criminal investigators to utilize available personnel for the following: (a)Identification of all persons present at the scene and in the immediate area. 1.When feasible, a recorded statement should be obtained from those persons who claim not to have witnessed the incident but who were present at the time it occurred. 2.Any potential witness who is unwilling or unable to remain available for a formal interview should not be detained absent reasonable suspicion to detain or probable cause to arrest. Without detaining the individual for the sole purpose of identification, 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. 304.6.3 INVESTIGATIVE PERSONNEL Once notified of an officer-involved shooting or death, it shall be the responsibility of the designated Investigative Services Division 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 Investigative Services Division supervisor for approval. Privileged reports shall be maintained exclusively by members who are authorized such access. Administrative reports will be forwarded to the appropriate Division Commander. 304.7 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 OPD officers to determine conformance with department policy. The investigation will be conducted under the supervision of the Legal Affairs Office and will be considered a confidential officer personnel file. Interviews of police officers 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 Orange Police Department Orange PD Policy Manual Officer-Involved Shootings and Deaths Copyright Lexipol, LLC 2021/04/08, All Rights Reserved. Published with permission by Orange Police Department Officer-Involved Shootings and Deaths - 86 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 (refer to the California Government Code). 3.Administrative interviews should be recorded by the investigator. The officer may also record the interview (refer to the California Government Code). 4.The officer shall be informed of the nature of the investigation. If an officer refuses to answer questions, he/she should be given his/ her 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. 5.The Legal Affairs Office 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. 304.8 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. Orange Police Department Orange PD Policy Manual Officer-Involved Shootings and Deaths Copyright Lexipol, LLC 2021/04/08, All Rights Reserved. Published with permission by Orange Police Department Officer-Involved Shootings and Deaths - 87 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 City Attorney’s Office, as appropriate. 304.9 DIVISION COMMANDER RESPONSIBILITY FOR OFFICER INVOLVED SHOOTING(S) OR INCIDENTS INVOLVING THE USE OF FORCE WHERE ANY PERSON IS KILLED OR GRAVELY WOUNDED (a)The officer's division commander shall ensure that a meeting is arranged, within five days following the incident, with a departmentally designated psychotherapist for all personnel directly involved in the incident. (b)These same personnel shall be temporarily removed from field duties and assigned at the discretion of the Chief of Police or his/her designee, as follows: 1.Interior post position, 2.Inactive duty at home or other designated place. 304.10 CIVIL LIABILITY RESPONSE A police officer 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. 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. 304.11 DEBRIEFING Following an officer-involved shooting or death, the Orange Police Department should conduct both a critical incident/stress debriefing and a tactical debriefing. 304.11.1 CRITICAL INCIDENT/STRESS DEBRIEFING A critical incident/stress debriefing should occur as soon as practicable. The Administrative Services Division Commander is responsible for organizing the debriefing. Notes and recorded statements should not be taken because the sole purpose of the debriefing is to help mitigate the stress-related effects of a traumatic event. Orange Police Department Orange PD Policy Manual Officer-Involved Shootings and Deaths Copyright Lexipol, LLC 2021/04/08, All Rights Reserved. Published with permission by Orange Police Department Officer-Involved Shootings and Deaths - 88 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 employees of the Department directly involved in the incident, which can include support personnel (e.g., dispatchers, other civilian personnel). Family or other support personnel may attend with the concurrence of those involved in the incident. The debriefing shall be closed to the public and should be closed to all other personnel of the Department, including supervisory and Legal Affairs Office personnel. 304.11.2 TACTICAL DEBRIEFING A tactical debriefing should take place to identify any training or areas of policy that need improvement. The Chief of Police should identify the appropriate participants. This debriefing should not be conducted until all involved personnel have provided recorded or formal statements to criminal and/or administrative investigators. 304.12 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, Investigative Services Division Commander and Public Information Officer in the event of inquiries from the media. The Department shall not subject any involved OPD officer to visits by the media (refer to the California Government Code). No involved OPD officer shall make any comment to the media unless he/she is authorized by the Chief of Police or a Division Commander. Department personnel 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. 304.13 REPORTING If the death of an individual occurs in the Orange Police Department jurisdiction and qualifies to be reported to the state as a justifiable homicide or an in-custody death, the Field Services Division Commander will ensure that the Records Manager is provided with enough information to meet the reporting requirements (refer to the California Penal Code and California Government Code). Policy 305 Orange Police Department Orange PD Policy Manual Copyright Lexipol, LLC 2021/04/08, All Rights Reserved. Published with permission by Orange Police Department Firearms - 89 Firearms 305.1 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 officers who are authorized to carry firearms. 305.2 POLICY The Orange Police Department will equip its police officers with firearms to address the risks posed to the public and departmentofficers 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. 305.2.1 LIGHTS MOUNTED ON WEAPONS (a)The department has authorized lights to be mounted on weapons. Lights mounted on weapons can be used in patrol, or during any special assignment position, which could expose the officer to low-light or other hazardous entry situations. Lights may be mounted on rifles, shotguns and handguns, and may be carried and deployed when the use of the light will enhance the officer's ability to safely perform their duties. Lights may only be installed on a weapon after they have been examined and approved by the department armorer. (b)The light mounted on the weapon is not intended to replace the officer's handheld flashlight. A light mounted on a weapon is a tool to be used as an aid during high- risk situations. For officer safety reasons, handguns with a light attachment must be carried in a hard frame holster, molded for the specific weapon system. The holster must be designed to carry the weapon with the light still attached to the weapon. Soft framed holsters made solely of nylon material are not authorized. (c)Lights mounted on weapons, holsters and other related equipment are considered optional equipment and must be purchased and maintained by the officer. (d)Tactical lights may only be installed on a firearm carried on or off duty after they have been examined and approved by the armorer. Once the approved tactical lights have been properly installed on any firearm, the officer shall qualify with the firearm to ensure proper functionality and sighting of the firearm prior to carrying it. 305.3 AUTHORIZED FIREARMS, AMMUNITION AND OTHER WEAPONS Officers shall only use firearms that are issued or approved by the Department and have been thoroughly inspected by the Firearms Training Staff. Except in an emergency or as directed by a supervisor, no firearm shall be carried by an officer who has not qualified with that firearm at an authorized department range. Orange Police Department Orange PD Policy Manual Firearms Copyright Lexipol, LLC 2021/04/08, All Rights Reserved. Published with permission by Orange Police Department Firearms - 90 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 sworn personnel in the performance of their official duties without the express written authorization of the officer's Division Commander. This exclusion does not apply to the carrying of a single folding pocketknife that is not otherwise prohibited by law. 305.3.1 HANDGUNS The authorized department-issued handgun is the Glock, Model 22, .40 SW. The following additional handguns are approved for on-duty use: (a)Beretta (b)Sig-Sauer (c)Colt (d)Taurus (e)Glock (f)Walther (g)Smith & Wesson (h)Heckler & Koch (i)Para-Ordinance (j)Ruger (k)Springfield The weapon shall be: (a)Double action, semi-automatic, (b)9mm,.40,.45 (c)Have a minimum barrel length of 3.9" (d)Be inspected by the department armorer prior to being carried 305.3.2 SHOTGUNS The authorized department-issued shotgun is the Remington 870, 12 gauge. When not deployed, the shotgun shall be properly secured consistent with department training in a locking weapons rack in the patrol vehicle. 305.3.3 AUTHORIZED WEAPONS FOR SPECIAL ASSIGNMENTS Officers assigned to investigative or administrative assignments may carry (as an alternative to those handguns listed in the policy manual) a compact version, double-action semi-automatic made by any of the approved manufacturers, or in any of the calibers previously listed in this policy. (a)All authorization and approval requirements for regular duty weapons applies to special assignment weapons. Orange Police Department Orange PD Policy Manual Firearms Copyright Lexipol, LLC 2021/04/08, All Rights Reserved. Published with permission by Orange Police Department Firearms - 91 (b)All special assignment officers shall carry at least one additional magazine for the handgun they choose to carry on their person. 305.3.4 OFF-DUTY RESERVE POLICE OFFICERS (a)Reserve police officers shall not carry a concealed handgun while "off-duty" unless issued a CCW permit, in accordance with applicable state laws (refer to the policy for CCW Endorsement for Reserve Officers). (b)All reserve officers must qualify in accordance with all the requirements specified by the department. 305.3.5 PATROL RIFLES The authorized department-issued patrol rifle is the AR-15 Platform. It shall be semi-automatic only, with a barrel length of no less than 16 inches and an overall length of no less than 30 inches. It shall be chambered in 5.56 NATO or.223 Remington and be equipped with a sling. The barrel shall have a twist of no less than 1:7 and no more than 1:9. Officers may deploy the patrol rifle in any circumstance where the officer 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: (a)Situations where the officer reasonably anticipates an armed encounter. (b)When an officer is faced with a situation that may require accurate and effective fire at long range. (c)Situations where an officer reasonably expects the need to meet or exceed a suspect's firepower. (d)When an officer reasonably believes that there may be a need to fire on a barricaded person or a person with a hostage. (e)When an officer 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. 305.3.6 PERSONALLY OWNED DUTY FIREARMS Sworn personnel 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 Firearms Training Staff prior to being carried and thereafter shall be subject to inspection whenever it is deemed necessary. Orange Police Department Orange PD Policy Manual Firearms Copyright Lexipol, LLC 2021/04/08, All Rights Reserved. Published with permission by Orange Police Department Firearms - 92 (c)Prior to carrying the firearm, personnel shall qualify under range supervision and thereafter shall qualify in accordance with the department qualification schedule. Personnel must demonstrate proficiency and safe handling, and that the firearm functions properly. (d)Personnel shall provide written notice of the make, model, color, serial number and caliber of the firearm to the Firearms Training Staff, who will maintain a list of the information. 305.3.7 AUTHORIZED SECONDARY HANDGUN Officers desiring to carry department or personally owned secondary handguns 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 officer 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. (e)The handgun shall be inspected by the Firearms Training Staff 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, officers shall qualify under range supervision and thereafter shall qualify in accordance with the department qualification schedule. Officers must demonstrate proficiency and safe handling, and that the handgun functions properly. (h)Officers shall provide written notice of the make, model, color, serial number and caliber of a secondary handgun to the Firearms Training Staff, who will maintain a list of the information. 305.3.8 AUTHORIZED OFF-DUTY FIREARMS The carrying of firearms by officers while off-duty is permitted by the Chief of Police but may be rescinded should circumstances dictate (e.g., administrative leave). Officers 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 officer 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. An officer carrying his/her duty firearm will be deemed to have complied with (c), (d) and (e) of this section. (a)The purchase of the personally owned firearm and ammunition shall be the responsibility of the officer. Orange Police Department Orange PD Policy Manual Firearms Copyright Lexipol, LLC 2021/04/08, All Rights Reserved. Published with permission by Orange Police Department Firearms - 93 (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 officer to submit the firearm to the Armorer for inspection prior to being personally carried. Thereafter the firearm shall be subject to periodic inspection by the Armorer. (d)The officer will successfully qualify with the firearm prior to it being carried. (e)Officers shall provide written notice of the make, model, color, serial number and caliber of the firearm to the Armorer, who will maintain a list of the information. (f)If an officer 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. (g)Officers shall only carry department-authorized ammunition. (h)When armed, officers shall carry their badges and Orange Police Department identification cards. (i)The firearm shall have a minimum barrel length of 2.0". 305.3.9 AMMUNITION Officers shall carry only department-authorized ammunition. Officers shall be issued fresh duty ammunition in the specified quantity for all department-issued firearms during the officer's firearms qualification. Replacements for unserviceable or depleted ammunition issued by the Department shall be dispensed by the Firearms Training Staff when needed, in accordance with established policy. 305.4 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 officer. 305.4.1 REPAIRS OR MODIFICATIONS Each officer shall be responsible for promptly reporting any damage or malfunction of an assigned firearm to a supervisor or the Firearms Training Staff. 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 Firearms Training Staff. Any repairs or modifications to the officer's personally owned firearm shall be done at his/her expense and must be approved by the Firearms Training Staff. 305.4.2 HOLSTERS Handguns must be carried in a hard frame holster, that is molded for the specific weapon system. Soft frame holsters made soley of a nylon type material are not authorized. Officers shall periodically inspect their holsters to make sure they are serviceable and provide the proper security and retention of the handgun. Orange Police Department Orange PD Policy Manual Firearms Copyright Lexipol, LLC 2021/04/08, All Rights Reserved. Published with permission by Orange Police Department Firearms - 94 305.4.3 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 Firearms Training Staff. Officers may not install an optic or laser sight on any handgun that has been modified after purchase to facilitate the use of an optic or laser sighting system. Any approved optic or laser sights shall only be installed in strict accordance with manufacturer’s specifications by a person who is department-approved and certified as an armorer or gunsmith. Once approved optics or laser sights have been properly installed on any firearm, the officer shall qualify with the firearm to ensure proper functionality and sighting of the firearm prior to carrying it.Personnel shall provide written notice of the make, model, and serial number of an optic or laser sight installed on a handgun to Personnel and Training, who will maintain a list of the information.If an officer wants to remove an optic or laser sight from a handgun, the sight must be removed by a person who is department-approved and certified as an armorer or gunsmith.Personnel shall provide written notice that the optic or laser sight is no longer being used to Personnel and Training. 305.5 SAFE HANDLING, INSPECTION AND STORAGE Officers shall maintain the highest level of safety when handling firearms and shall consider the following: (a)Officers shall not unnecessarily display or handle any firearm. (b)Officers shall be governed by all rules and regulations pertaining to the use of the range and shall obey all orders issued by the Firearms Training Staff. Officers shall not dry fire or practice quick draws except as instructed by the Firearms Training Staff or other firearms training staff. (c)Officers 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 employee open-air parking lots, outside of the vehicle, with the muzzle pointed in a safe direction at all times. (e)Officers 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. Officers providing access to the jail section to persons from outside agencies are responsible for ensuring firearms are not brought into the jail section. (f)Officers 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 an officer to be malfunctioning or in need of service or repair shall not be carried. It shall be promptly presented to the Department or a Firearms Training Staff approved by the Department for inspection and repair. Any firearm deemed in need of repair or service by the Firearms Training Staff will be immediately removed Orange Police Department Orange PD Policy Manual Firearms Copyright Lexipol, LLC 2021/04/08, All Rights Reserved. Published with permission by Orange Police Department Firearms - 95 from service. If the firearm is the officer's primary duty firearm, a replacement firearm will be issued to the officer until the duty firearm is serviceable. 305.5.1 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 officer to whom the weapon is issued. The officer shall ensure that the firearm is carried in the proper condition and loaded with approved ammunition. Inspection, loading and unloading of the shotgun and rifle shall be done in the open air department parking lots, while standing outside of the patrol vehicle. All firearms shall be pointed in a safe direction or into clearing barrels. Department and personally owned firearms may be safely stored in locker at the end of the shift. Handguns may remain loaded if they are secured in an appropriate holster. Shotguns and rifles shall be unloaded prior to storing in the appropriate equipment storage room. When not in use, personally owned rifles must be safely stored in locked container, disabled by a firearm safety device, or maintained in a locked gun safe pursuant to the California Penal Code. On-duty patrol officer utilizing personally owned rifles must secure them using the gun mount inside the passenger compartment of a marked unit or kept secured inside the trunk/rear storage area. Department authorized personally owned rifles and Department issued rifles shall be used exclusively for law enforcement purposes, whether on duty or off duty, and shall be safely stored in a locker or appropriate equipment storage room at the police department. Personally owned and Department issued rifles may only be stored/kept off premises with prior supervisor approval. Approval may only be granted for short periods when special needs (i.e. - Training, Repair, etc...) arise. 305.5.2 STORAGE AT HOME Officers shall ensure that all firearms and ammunition are locked and secured while in their homes, vehicles or any other area under their control, and in a manner that will keep them inaccessible to children and others who should not have access. Officers shall not permit department-issued firearms to be handled by anyone not authorized by the Department to do so. Officers should be aware that negligent storage of a firearm could result in civil and criminal liability (refer to the California Penal Code). 305.5.3 STORAGE IN VEHICLES When leaving a handgun in an unattended vehicle, officers 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). Orange Police Department Orange PD Policy Manual Firearms Copyright Lexipol, LLC 2021/04/08, All Rights Reserved. Published with permission by Orange Police Department Firearms - 96 Officers are exempt from these requirements during circumstances requiring immediate aid or action in the course of official duties (Penal Code § 25140). 305.5.4 ALCOHOL AND DRUGS Firearms shall not be carried by any sworn personnel, either on- or off-duty, who has consumed an amount of an alcoholic beverage, or has taken any drugs or medication, has taken any combination thereof that would tend to adversely affect the employee’s senses or judgment. 305.6 FIREARMS TRAINING AND QUALIFICATIONS All officers who carry a firearm while on-duty are required to successfully complete quarterly firearms qualification. Probationary officers shall qualify monthly. In addition to quarterly firearms qualification, all officers will attend an annual advanced officer firearms training course with their duty firearms. Officers will qualify with off-duty and secondary firearms at least twice a year. Training and qualifications must be on an approved range course. At least annually, all officers carrying a firearm should receive practical training designed to simulate field situations including low-light shooting. Also, all officers who carry a rifle should receive an additional eight hours of patrol rifle training annually. 305.6.1 NON-CERTIFICATION OR NON-QUALIFICATION If any officer fails to meet minimum standards for firearms training or qualification for any reason, including injury, illness, duty status or scheduling conflict, that officer shall submit a memorandum to his/her immediate supervisor prior to the end of the required training or qualification period. Those who fail to meet minimum standards or qualify on their first shooting attempt shall be provided remedial training and will be subject to the following requirements: (a)Additional range assignments may be scheduled to assist the officer in demonstrating consistent firearm proficiency. (b)Officers shall be given credit for a range training or qualification when obtaining a qualifying score or meeting standards after remedial training. (c)No range credit will be given for the following: 1.Unauthorized range make-up 2.Failure to meet minimum standards or qualify after remedial training Officers who repeatedly fail to meet minimum standards may be removed from field assignment, may be subject to disciplinary action, and/or suspension of firearm privileges. 305.7 FIREARM DISCHARGE Except during training or recreational use, any officer who discharges a firearm accidentally or intentionally, on- or off-duty, shall make a verbal report to his/her supervisor (to the watch commander if the employee's supervisor is not available) as soon as circumstances permit. If the incident occurs while on-duty, the employee may be directed to file a written report with their division commander prior to the end of their (employee's) shift. If the incident occurs while off- Orange Police Department Orange PD Policy Manual Firearms Copyright Lexipol, LLC 2021/04/08, All Rights Reserved. Published with permission by Orange Police Department Firearms - 97 duty, the employee may be requested to write a report as directed by the division commander. 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 officer shall adhere to the additional reporting requirements set forth in the Use of Force Policy.In these instances, the provisions within the California Government Code shall be afforded to the involved office. 305.7.1 DESTRUCTION OF ANIMALS Officers 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, departmentofficers 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 officer from shooting a dangerous animal if circumstances reasonably dictate that a contingency plan has failed or becomes impractical. 305.7.2 INJURED ANIMALS With the approval of a supervisor, an officer 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). 305.7.3 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 police officer reasonably believes that they appear necessary, effective and reasonably safe. 305.8 FIREARMS TRAINING STAFF DUTIES The armorer has the responsibility of making periodic inspection, at least once a year, of all duty firearms carried by officers of this department to verify proper operation. The armorer has the authority to deem any department-issued or personally owned firearm unfit for service. The officer Orange Police Department Orange PD Policy Manual Firearms Copyright Lexipol, LLC 2021/04/08, All Rights Reserved. Published with permission by Orange Police Department Firearms - 98 will be responsible for all repairs to his/her personally owned firearm and it will not be returned to service until inspected by the armorer. The armorer and the Personnel & Training staff should keep accurate records of all training shoots, qualifications, repairs, maintenance or other records as directed by the Training Bureau Sergeant. 305.9 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 (refer to the Code of Federal Regulations ): (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 Orange 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). (c)The Orange Police Department must submit a National Law Enforcement Telecommunications System (NLETS) message prior to the officer’s travel. If approved, TSA will send the Orange 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. Orange Police Department Orange PD Policy Manual Firearms Copyright Lexipol, LLC 2021/04/08, All Rights Reserved. Published with permission by Orange Police Department Firearms - 99 (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. 305.10 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 (refer to the U.S. Code): (a)The officer shall carry his/her Orange 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, 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 the U.S. Code. Policy 306 Orange Police Department Orange PD Policy Manual Copyright Lexipol, LLC 2021/04/08, All Rights Reserved. Published with permission by Orange Police Department Vehicle Pursuits - 100 Vehicle Pursuits 306.1 PURPOSE AND SCOPE This policy provides guidelines for vehicle pursuits in order to protect the safety of involved officers, the public, and fleeing suspects. 306.1.1 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. 306.2 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 Orange Police Department Orange PD Policy Manual Vehicle Pursuits Copyright Lexipol, LLC 2021/04/08, All Rights Reserved. Published with permission by Orange Police Department Vehicle Pursuits - 101 § 21055. Officers are responsible for continuously driving with due regard and caution for the safety of all persons and property (Vehicle Code § 21056). 306.2.1 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. 306.2.2 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 present risks of continuing the pursuit reasonably appear to outweigh the risks resulting from the suspect’s escape. Orange Police Department Orange PD Policy Manual Vehicle Pursuits Copyright Lexipol, LLC 2021/04/08, All Rights Reserved. Published with permission by Orange Police Department Vehicle Pursuits - 102 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. 306.2.3 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. 306.3 PURSUIT UNITS When involved in a pursuit, unmarked police department emergency vehicles should be replaced by marked emergency vehicles whenever practicable Vehicle pursuits should be limited to three vehicles (two units and a supervisor); however, the number of units involved may vary with the circumstances. Orange Police Department Orange PD Policy Manual Vehicle Pursuits Copyright Lexipol, LLC 2021/04/08, All Rights Reserved. Published with permission by Orange Police Department Vehicle Pursuits - 103 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. 306.3.1 MOTORCYCLE OFFICERS When involved in a pursuit, police department motorcycles should be replaced by marked four- wheel emergency vehicles as soon as practicable. 306.3.2 VEHICLES WITHOUT EMERGENCY EQUIPMENT Officers operating vehicles not equipped with red light and siren are prohibited from initiating or joining in any pursuit. 306.3.3 PRIMARY UNIT RESPONSIBILITIES The initial pursuing unit will be designated as the primary pursuit unit and will be responsible for the conduct of the pursuit unless 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. (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. 306.3.4 SECONDARY UNIT RESPONSIBILITIES The second officer in the pursuit will be designated as the secondary unit and is responsible for: Orange Police Department Orange PD Policy Manual Vehicle Pursuits Copyright Lexipol, LLC 2021/04/08, All Rights Reserved. Published with permission by Orange Police Department Vehicle Pursuits - 104 (a)Immediately 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. 306.3.5 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. (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. 306.3.6 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. Orange Police Department Orange PD Policy Manual Vehicle Pursuits Copyright Lexipol, LLC 2021/04/08, All Rights Reserved. Published with permission by Orange Police Department Vehicle Pursuits - 105 306.3.7 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. 306.3.8 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. 306.4 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. (h)Ensuring that the Watch Commander is notified of the pursuit as soon as practicable. Orange Police Department Orange PD Policy Manual Vehicle Pursuits Copyright Lexipol, LLC 2021/04/08, All Rights Reserved. Published with permission by Orange Police Department Vehicle Pursuits - 106 (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 Orange 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. 306.4.1 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 Division Commander. 306.5 THE COMMUNICATIONS CENTER If the pursuit is confined within the City 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. 306.5.1 THE COMMUNICATIONS CENTER 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. 306.5.2 LOSS OF PURSUED VEHICLE When the pursued vehicle is lost, the primary unit should broadcast pertinent information to assist other units in locating suspects. The primary unit or supervisor will be responsible for coordinating any further search for either the pursued vehicle or suspects fleeing on foot. Orange Police Department Orange PD Policy Manual Vehicle Pursuits Copyright Lexipol, LLC 2021/04/08, All Rights Reserved. Published with permission by Orange Police Department Vehicle Pursuits - 107 306.6 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. 306.6.1 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 Orange 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. 306.6.2 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 Orange 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 City 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. Orange Police Department Orange PD Policy Manual Vehicle Pursuits Copyright Lexipol, LLC 2021/04/08, All Rights Reserved. Published with permission by Orange Police Department Vehicle Pursuits - 108 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. 306.7 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. 306.7.1 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). 306.7.2 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 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. 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 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. Orange Police Department Orange PD Policy Manual Vehicle Pursuits Copyright Lexipol, LLC 2021/04/08, All Rights Reserved. Published with permission by Orange Police Department Vehicle Pursuits - 109 (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 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. 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 training in their use. 2.Supervisory approval should be obtained before using the technique. Orange Police Department Orange PD Policy Manual Vehicle Pursuits Copyright Lexipol, LLC 2021/04/08, All Rights Reserved. Published with permission by Orange Police Department Vehicle Pursuits - 110 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. 306.7.3 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. 306.8 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 Supervisor 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 Supervisor 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 briefly summarizing the pursuit to the Chief of Police or the authorized designee. This log 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. Orange Police Department Orange PD Policy Manual Vehicle Pursuits Copyright Lexipol, LLC 2021/04/08, All Rights Reserved. Published with permission by Orange Police Department Vehicle Pursuits - 111 (a)Any use of force by personnel 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. 306.8.1 REGULAR AND PERIODIC PURSUIT TRAINING The Training Bureau 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)). 306.8.2 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 employee’s training file. 306.9 APPLICATION OF VEHICLE PURSUIT POLICY This policy is expressly written and adopted pursuant to the provisions of the California Vehicle Code, with additional input from the POST Vehicle Pursuit Guidelines. 306.10 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. Policy 307 Orange Police Department Orange PD Policy Manual Copyright Lexipol, LLC 2021/04/08, All Rights Reserved. Published with permission by Orange Police Department Officer Response to Calls - 112 Officer Response to Calls 307.1 PURPOSE AND SCOPE This policy provides for the safe and appropriate response to emergency and non-emergency situations whether dispatched or self-initiated. 307.2 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 the California Vehicle Code . The decision to continue a Code 3 response is at the discretion of the officer. 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. The watch commander and field supervisors should be continually monitoring the radio and have the discretion to cancel any Code 3 assignments. Officers should only respond Code-3 when so dispatched or when circumstances reasonably indicate an emergency response is required (refer to the California Vehicle Code).Officers not authorized to respond Code-3 shall observe all traffic laws and proceed without the use of emergency lights and siren. 307.3 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 the Communications Center. 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 307.3.1 NUMBER OF UNITS ASSIGNED Normally, only one unit should respond to an emergency call Code 3, unless the situation dictates the need for additional officers to respond Code 3. Orange Police Department Orange PD Policy Manual Officer Response to Calls Copyright Lexipol, LLC 2021/04/08, All Rights Reserved. Published with permission by Orange Police Department Officer Response to Calls - 113 307.4 INITIATING CODE 3 RESPONSE (a)If an officer believes a Code 3 response to any assigned call is appropriate, the officer shall notify the Communications Center as soon as practical. (b)Should an officer not assigned to the call believe a Code 3 response is appropriate, the officer shall immediately notify the Communications Center. (c)Generally, only one unit should respond Code 3 to any situation. (d)The officer should base the discretionary Code 3 response on the following criteria: 1.Type of call, 2.Safety of the public and responding officers, 3.Vehicle and pedestrian traffic in the area, 4.Weather conditions, 5.Road conditions, 6.The location of other responding officers. (e)The watch commander and field supervisors should be continually monitoring the radio and have the discretion to cancel any Code 3 responses. 307.5 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 the Communications Center. 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. 307.6 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 Orange Police Department Orange PD Policy Manual Officer Response to Calls Copyright Lexipol, LLC 2021/04/08, All Rights Reserved. Published with permission by Orange Police Department Officer Response to Calls - 114 (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 307.7 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 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 307.8 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 Communications Center of the equipment failure so that another unit may be assigned to the emergency response. Policy 308 Orange Police Department Orange PD Policy Manual Copyright Lexipol, LLC 2021/04/08, All Rights Reserved. Published with permission by Orange Police Department Canines - 115 Canines 308.1 PURPOSE AND SCOPE This policy establishes guidelines for the use of canines to augment police services to the community including, but not limited to locating individuals and contraband and apprehending criminal offenders. 308.2 POLICY It is the policy of the Orange Police Department that teams of handlers and canines meet and maintain the appropriate proficiency to effectively and reasonably carry out legitimate law enforcement objectives. 308.3 ASSIGNMENT Canine teams should be assigned to assist and supplement the Field Services Division 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 and then only with the approval of the Watch Commander. 308.4 REQUESTS FOR CANINE TEAMS Field Services Division personnel are encouraged to request the use of a canine. Requests for a canine team from department units outside of the Field Services Division shall be reviewed by the Watch Commander. 308.4.1 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 as directed. Orange Police Department Orange PD Policy Manual Canines Copyright Lexipol, LLC 2021/04/08, All Rights Reserved. Published with permission by Orange Police Department Canines - 116 308.4.2 PUBLIC DEMONSTRATIONS All public requests for a canine team shall be reviewed and, if appropriate, approved by the canine sergeant prior to making any resource commitment. The canine sergeant 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. 308.5 APPREHENSION GUIDELINES A canine may be used to locate and apprehend a suspect if the canine handler reasonably believes that the individual has either committed, is committing or threatening to commit any serious offense and if any of the following conditions exist: (a)There is a reasonable belief the suspect poses an imminent threat of violence or serious harm to the public, any 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 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 present 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. 308.5.1 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. Orange Police Department Orange PD Policy Manual Canines Copyright Lexipol, LLC 2021/04/08, All Rights Reserved. Published with permission by Orange Police Department Canines - 117 (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 personnel 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 personnel should take direction from the handler in order to minimize interference with the canine. 308.5.2 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. 308.5.3 REPORTING DEPLOYMENTS, BITES AND INJURIES Whenever a canine deployment results in a bite or causes injury to an intended suspect, a supervisor should be promptly notified and the injuries documented in a 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. Orange Police Department Orange PD Policy Manual Canines Copyright Lexipol, LLC 2021/04/08, All Rights Reserved. Published with permission by Orange Police Department Canines - 118 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 (refer to California Health and Safety Code). 308.6 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 present an immediate threat to officers, the canine or the public, such applications should be conducted on-leash or under conditions that minimize the likelihood the canine will bite or otherwise injure the individual, if located. (b)Unless otherwise directed by a supervisor, assisting members should take direction from the handler in order to minimize interference with the canine. (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. 308.6.1 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. 308.6.2 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. Orange Police Department Orange PD Policy Manual Canines Copyright Lexipol, LLC 2021/04/08, All Rights Reserved. Published with permission by Orange Police Department Canines - 119 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. 308.6.3 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. At no time will an explosive-detection trained canine be used to render a suspected device safe or clear. 308.7 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 accommodate a canine vehicle. (d)Living within 30 minutes travel time from the Orange City limits. (e)Agreeing to be assigned to the position for a minimum of three years. 308.8 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. Orange Police Department Orange PD Policy Manual Canines Copyright Lexipol, LLC 2021/04/08, All Rights Reserved. Published with permission by Orange Police Department Canines - 120 (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 Orange Police Department facility. (e)Handlers shall permit the canine sergeant 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 sergeant as soon as possible. (g)When off-duty, the canine shall be in a kennel provided by the City 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. (i)Under no circumstances will the canine be lodged at another location unless approved by the canine sergeant 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 sergeant 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. 308.8.1 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 dog. The handler shall also ensure that the unattended vehicle remains inhabitable for the canine. 308.9 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 sergeant 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. Orange Police Department Orange PD Policy Manual Canines Copyright Lexipol, LLC 2021/04/08, All Rights Reserved. Published with permission by Orange Police Department Canines - 121 308.10 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 employees in order to familiarize them with how to conduct themselves in the presence of department canines. Because canines may be exposed to dangerous substances such as opioids, as resources are available, the canine sergeant 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 sergeant or Watch Commander. 308.10.1 CONTINUED TRAINING Each canine team shall thereafter be re-certified 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 Orange Police Department canine training provider. (b)Canine handlers are encouraged to engage in additional training with approval of the canine sergeant. (c)To ensure that all training is consistent, no handler, trainer or outside vendor is authorized to train to a standard that is not reviewed and approved by this department. 308.10.2 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. 308.10.3 TRAINING RECORDS All canine training records shall be maintained in the canine handler's and the canine's training file. 308.10.4 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 regarding the same. Alternatively, the Orange Police Department may work with outside trainers with the applicable licenses or permits. Orange Police Department Orange PD Policy Manual Canines Copyright Lexipol, LLC 2021/04/08, All Rights Reserved. Published with permission by Orange Police Department Canines - 122 308.10.5 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 (refer to the California Health & Safety Code). The Chief of Police or the authorized designee may authorize a police officer to seek a court order to allow controlled substances seized by the Orange Police Department to be possessed by the officer 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. As an alternative, the Chief of Police or the authorized designee may request narcotics training aids from the Drug Enforcement Agency (DEA). These procedures are not required if the canine handler uses commercially available synthetic substances that are not controlled narcotics. 308.10.6 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 sergeant 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 sergeant 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 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. Orange Police Department Orange PD Policy Manual Canines Copyright Lexipol, LLC 2021/04/08, All Rights Reserved. Published with permission by Orange Police Department Canines - 123 308.10.7 EXPLOSIVE TRAINING AIDS Officers may possess, transport, store or use explosives or destructive devices in compliance with state and federal laws (refer to the California Penal Code). Explosive training aids designed specifically for canine teams should be used whenever feasible. Due to the safety concerns in the handling and transportation of explosives, inert or non-hazardous training aids should be employed whenever feasible. The use of explosives or destructive devices for training aids by canine teams is subject to the following: (a)All explosive training aids, when not in use, shall be properly stored in a secure facility appropriate for the type of materials. (b)An inventory ledger shall be maintained to document the type and quantity of explosive training aids that are stored. (c)The canine sergeant shall be responsible to verify 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 sergeant, 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). Policy 309 Orange Police Department Orange PD Policy Manual Copyright Lexipol, LLC 2021/04/08, All Rights Reserved. Published with permission by Orange Police Department Potential Claims - Format for City Liability Investigations - 124 Potential Claims - Format for City Liability Investigations 309.1 PURPOSE AND SCOPE To establish a format for the complete proper and timely investigations of city liability cases. The department should investigate all cases where the potential for police civil liability exists. On occasion, the City Manager, City Attorney or Risk Manager may also request assistance from the Orange Police Department to investigate city liability cases not associated with the police department. Utilizing the following standard procedures and guidelines will enhance the investigation of potential claims and create an accurate account and reporting of such cases. 309.1.1 RECOGNITION OF POTENTIAL LIABILITY CASES The recognition of potential liability cases should be an ongoing training topic within the Orange Police Department utilizing roll-call training, staff meetings and routine supervision as methods to impart knowledge and the recognition of incidents of potential city liability. 309.1.2 POTENTIAL CLAIM FORM (a)The police department enjoys the same attorney client privilege as in every other legal case. Therefore, any supervisor utilizing the Potential Claim Form shall include all facts of the incident, even those that may be adverse to the city's potential liability. (b)The Potential Claim Form is solely for the use of the police department in reporting potential liability cases to the City Attorney and Risk Manager. Any further distribution of that investigation format is at the discretion of the City Attorney's Office and the Chief of Police. 309.2 DISTINCTION BETWEEN MINOR AND MAJOR POTENTIAL CLAIMS (a)Minor potential claim incidents would include, but not be limited to, non-injury traffic accidents, damage to doors or windows in relation to legitimately forced police entry, lost property in police custody (valued at less than $400), minor sidewalk trip and falls, etc. (b)Major potential claim incidents would include, but not be limited to, injury traffic accidents, injury or death to anyone in police custody, cases where there is potential for false arrest, illegal detention or an illegal search, incident involving a failure to take proper action, negligence or misuse of department equipment or resources resulting in injury or death, defective areas of city responsibility in streets, lighting, etc., which contribute to serious injury or death. 1.Also included within this category are potential claim incidents that have the likelihood to negatively reflect upon the good reputation of the police department Orange Police Department Orange PD Policy Manual Potential Claims - Format for City Liability Investigations Copyright Lexipol, LLC 2021/04/08, All Rights Reserved. Published with permission by Orange Police Department Potential Claims - Format for City Liability Investigations - 125 and/or City of Orange (e.g. politically sensitive and/or controversial issues, public figures, incidents that may be of public importance, etc.). 309.3 PROCEDURES FOR SOLELY CITY OF ORANGE LIABILITY CASES Whenever any police employee recognizes a potential liability for the City of Orange, that employee shall immediately notify a supervisor. The supervisor shall confirm if the employee's concerns were valid and determine the need for: (a)Reporting the incident through the chain of command, 1.Please refer to the current policy regarding Major Incident Notification, as the minimum standard for notification to the watch commander and other command staff. All major potential claim incidents, as referenced in the current policy above, shall immediately be reported to the respective division commander and the Chief of Police. It shall be up to the discretion of the Chief of Police if the City Attorney and/or Risk Manager are to be notified at this time. (b)Additional reporting, (c)Additional investigation, (d)Supervisory review of reports and totality of the incident, (e)Referral to the appropriate city department (e.g. Fire Department, Street Maintenance Department, Water Department, etc.) for disposition. 1.If the time of a reported minor liability incident is after the operating hours of the affected city department, the watch commander has the discretion to further investigate and generate a Potential Claim Form. 2.The completed Potential Claim Form shall be processed through the chain of command to the Chief of Police. 309.3.1 POTENTIAL CLAIM INVESTIGATIONS INVOLVING A CRIME AND/OR ASSIGNED A CASE NUMBER (a)All police personnel recognizing an incident that has potential liability to the police department shall immediately notify a supervisor. (b)A supervisor or their designee shall respond to the scene of the incident and determine if the potential claim is related to a criminal matter and/or a DR number has been assigned. 1.The supervisor shall promptly notify the watch commander of the circumstances surrounding the incident and discuss a plan of action. (c)When the incident is related to a criminal matter and/or has been assigned a DR number, the supervisor will limit any report of liability to the Potential Claim Form. All interviews, photographs, and other evidence become part of the DR file. These items may later be requested by the City Attorney through the Legal Affairs Office of the police department. Orange Police Department Orange PD Policy Manual Potential Claims - Format for City Liability Investigations Copyright Lexipol, LLC 2021/04/08, All Rights Reserved. Published with permission by Orange Police Department Potential Claims - Format for City Liability Investigations - 126 1.The Potential Claim Form shall include the names and addresses of all victims and witnesses to the incident. 2.The Potential Claim Form shall include the description of any injuries and the condition of the injured parties at the time of the report. 3.The narrative of the incident can be incorporated within the Potential Claim Form or by attaching a copy of the Supervisor's Log or memorandum. 309.3.2 POTENTIAL CLAIM INVESTIGATIONS - SOLELY CIVIL INCIDENTS (a)All police employees recognizing an incident that has potential liability to the City of Orange or the police department shall immediately notify a supervisor. (b)A supervisor or their designee shall respond to the scene of the incident and determine if the potential claim is strictly a civil liability issue for the police department and is not part of a criminal investigation or has been assigned a DR number. 1.The supervisor shall promptly notify the watch commander of the circumstances surrounding the incident and discuss a plan of action. (c)If the incident is solely civil in nature then all reports, interview tapes, evidence collected, etcetera will not be listed under a DR number. (d)The supervisor will ensure that all involved employees, witnesses and principals are interviewed, preferably recorded. (e)The supervisor shall ensure that all necessary photographs are taken and evidence that relates to the incident is recovered and referenced within the Potential Claim Form. (f)The supervisor shall gather all related reports (originals if related solely to a civil matter) and review the circumstances with involved employees and the watch commander. (g)The supervisor shall then complete the Potential Claim Form and ensure that all related reports are completed in a timely manner. All additional reports should be submitted, along with the Potential Claim Form, as a package. (h)The supervisor should conduct any further needed on-scene, or follow-up investigations that could reveal additional witnesses or evidence. (i)The supervisor should also consider pulling and duplicating dispatch tapes, call slips, officer Daily Logs and/or Supervisor Logs, etc. 309.4 POTENTIAL CLAIM NOTIFICATION PROTOCOL AND PROCESSING (a)Upon completion of the potential claim investigation, the supervisor shall promptly notify the watch commander and/or their lieutenant as to the details of the incident. Orange Police Department Orange PD Policy Manual Potential Claims - Format for City Liability Investigations Copyright Lexipol, LLC 2021/04/08, All Rights Reserved. Published with permission by Orange Police Department Potential Claims - Format for City Liability Investigations - 127 (b)The completed Potential Claim Form or Potential Claim package shall then be forwarded to the respective division commander for review. (c)The division commander shall review the Potential Claim Form or Potential Claim package and ensure that any needed follow-up investigation is completed. (d)If the Potential Claim involves a major incident, the division commander shall immediately notify the Chief of Police as to the facts and conclusions of the investigation. (e)The division commander shall forward the completed Potential Claim Form or Potential Claim package to the Legal Affairs Office. 1.The Legal Affairs Lieutenant will ensure that the Chief of Police has been briefed on the potential claim. (f)The Legal Affairs Lieutenant will review the potential claim case for completeness and retain a copy of the Potential Claim Form and file it in the Legal Affairs File. 1.The Legal Affairs Lieutenant will forward copies of the completed Potential Claim Form or Potential Claim package to: (a)The City Attorney, (b)The Risk Manager. (g)Duplication of Potential Claim Forms is strictly prohibited and distribution is expressly limited to the City Attorney's Office, Risk Management and the Legal Affairs Office of the Police department. (h)Should a claim against the City of Orange or police department be filed, the Legal Affair's sergeant shall pull the Potential Claim File and incorporate all appropriate documents. (i)The Legal Affairs Lieutenant should maintain the file for 36 months. If no lawsuit is filed and after City Attorney approval for such destruction under City Council Ordinance then forward the Potential Claim File to the Records Bureau manager for destruction. 309.4.1 LEGAL AFFAIRS LIEUTENANT'S RESPONSIBILITIES WHEN A CLAIM FOR DAMAGES IS FILED AGAINST THE POLICE DEPARTMENT (a)Verify that the City Clerk has properly received the claim. (b)Check for a Potential Claim File regarding the incident. Incorporate the claim in the file, if one exists. (c)Pull all reports and review, if necessary. Pull dispatch tapes, if not already done (keep in-office call slips, etc.). (d)Evaluate claim in consultation with the Chief of Police, respective division commander, City Attorney and Risk Manager. Orange Police Department Orange PD Policy Manual Potential Claims - Format for City Liability Investigations Copyright Lexipol, LLC 2021/04/08, All Rights Reserved. Published with permission by Orange Police Department Potential Claims - Format for City Liability Investigations - 128 (e)At their request, forward copies of any additional police reports, dispatch tapes, etc. to the City Attorney and Risk Manager. 309.5 POSSIBLE DEPARTMENT VIOLATIONS IN CIVIL LIABILITY CASES If the conduct of any involved employee may reasonably lead to disciplinary action, the employee shall be afforded all procedural rights at each stage of the investigation. The City Attorney's Office shall be advised when an internal investigation is being conducted in relation to a civil liability case. Policy 310 Orange Police Department Orange PD Policy Manual Copyright Lexipol, LLC 2021/04/08, All Rights Reserved. Published with permission by Orange Police Department Domestic Violence - 129 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 Orange 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. Orange Police Department Orange PD Policy Manual Domestic Violence Copyright Lexipol, LLC 2021/04/08, All Rights Reserved. Published with permission by Orange Police Department Domestic Violence - 130 (d)When practicable and legally permitted, video or audio record all significant statements and observations. (e)All injuries or lack of 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 Investigative Services Division 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. Orange Police Department Orange PD Policy Manual Domestic Violence Copyright Lexipol, LLC 2021/04/08, All Rights Reserved. Published with permission by Orange Police Department Domestic Violence - 131 310.4.1 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 (refer to the California Family Code). Orange Police Department Orange PD Policy Manual Domestic Violence Copyright Lexipol, LLC 2021/04/08, All Rights Reserved. Published with permission by Orange Police Department Domestic Violence - 132 310.6 DISPATCH ASSISTANCE All calls of domestic violence, including incomplete 9-1-1 calls, should be dispatched as soon as practicable. 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 (refer to the U.S. Code). An otherwise valid out-of-state court order or foreign shall be enforced, regardless of whether the order has been properly registered with this state. Canadian domestic violence protection orders shall also be enforced in the same manner as if issued in this state (refer to the California Family Code). 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. Orange Police Department Orange PD Policy Manual Domestic Violence Copyright Lexipol, LLC 2021/04/08, All Rights Reserved. Published with permission by Orange Police Department Domestic Violence - 133 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. 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 (refer to the California Penal Code ). 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 (refer to the California Penal Code). (b)An officer responding to a domestic violence call who cannot make an arrest may 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 (refer to the California Penal Code). (c)Officers shall not cite and release a person for the following offenses (refer to the California Penal Code): 1.California Penal Code relating to battery against spouse, cohabitant 2.California Penal Code relating to corporal injury on spouse, cohabitant, fiancé/ fiancée, person of a previous dating or engagement relationship, mother/father of the offender’s child 3.California Penal Code relating to 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.California Penal Code relating to stalking 5.Other serious or violent felonies specified in the California Penal Code (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 (refer to the California Penal Code). In identifying the dominant aggressor, an officer shall consider: Orange Police Department Orange PD Policy Manual Domestic Violence Copyright Lexipol, LLC 2021/04/08, All Rights Reserved. Published with permission by Orange Police Department Domestic Violence - 134 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. (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 (refer to the California Penal Code), 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 (refer to the California Penal Code). 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 (refer to the California Family Code and California Penal Code). (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 (refer to the California Family Code and California Penal Code). (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 (refer to the California Family Code). (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 (refer to the California Penal Code). (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 (refer to the California Family Code). 310.9.3 PUBLIC ACCESS TO POLICY A copy of this domestic violence policy will be provided to members of the public upon request (refer to the California Penal Code). Orange Police Department Orange PD Policy Manual Domestic Violence Copyright Lexipol, LLC 2021/04/08, All Rights Reserved. Published with permission by Orange Police Department Domestic Violence - 135 310.9.4 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 the California Penal Code. (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. (c)Officers who seize any firearm or other deadly weapon in a domestic violence incident shall issue the individual possessing such weapon a receipt the 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 (refer to the California Penal Code and the California Family Code). 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 (refer to the California Penal Code), 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 (refer to the California Penal Code). This information is to be reported to the Attorney General monthly. It shall be the responsibility of the Records Manager 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 (refer to the California Penal Code). Policy 311 Orange Police Department Orange PD Policy Manual Copyright Lexipol, LLC 2021/04/08, All Rights Reserved. Published with permission by Orange Police Department Reporting Child Custody/Visitation Order Violations - 136 Reporting Child Custody/Visitation Order Violations 311.1 PURPOSE AND SCOPE To eliminate unnecessary police reporting and investigation of Civil Restraining Order violations. 311.2 REPORTING GUIDELINES (a)In general, barring a serious threat of violence or impending violence, most restraining order violations can be handled as civil proceedings. If there is another underlying criminal violation that can be established, independent of the restraining order violation, the District Attorney's Office may choose to prosecute providing there are sufficient grounds to justify issuing a criminal complaint. Utilize the same criteria as any other criminal investigation. The following is a general rule: if the matter does not approach the degree consistent with a criminal violation of the Penal Code, then the matter can be properly referred for civil action in the appropriate court of jurisdiction, under an Order to Show Cause, re contempt. When a party contacts the department to report a custody/visitation court order violation, they are to be provided a copy of OPD Form DV-1. This is to be used when the reporting party would like documentation for missed or late child visitation violations. No other reports are necessary under these conditions. This form is not to be used for missing children, child abduction, or restraining order violation cases. The reporting party must provide a copy of their child custody/visitation order. 1.The Form DV-1 may be completed by the reporting person, front desk personnel, or a police officer. 2.After the form is completed, a DR number is to be issued and the department employee accepting the report shall complete the bottom portion with their name and serial number. 3.At the time of the report, the reporting party will receive the yellow copy for their personal records. The back of the form explains that the report is for documentation only, and refers the person to the appropriate agencies. (a)It must be stressed to the reporting party that the case will not be investigated by the Orange Police Department or the Orange County District Attorney's Office as a crime. 4.The form's white copy will remain on file at our police department and the pink copy will be sent to the Orange County District Attorney's Family Violence Unit to be kept on file. (b)As in all situations, discretion must be used to determine whether a report is to be taken or the party is to be referred to the civil courts/private attorney. Orange Police Department Orange PD Policy Manual Reporting Child Custody/Visitation Order Violations Copyright Lexipol, LLC 2021/04/08, All Rights Reserved. Published with permission by Orange Police Department Reporting Child Custody/Visitation Order Violations - 137 311.3 SUPERVISOR RESPONSIBILITY Supervisors will determine when a report is to be taken if a question of reporting versus non- reporting should arise. 311.3.1 RECORDS RESPONSIBILITIES (a)When receiving a copy of OPD Form DV-1, the pink copy is to be separated and mailed to: Orange County District Attorney, Family Violence Unit, P.O. Box 808, Santa Ana, CA 92708. (b)Maintain all original (white) copies of OPD Form DV-1 in the appropriate DR file. (c)Maintain a supply of DV-1 Forms according to established procedures, which are available by calling (714) 541-7533. (d)Forward a copy of the DV-1 Form to the Crimes Against Persons sergeant for review. 311.3.2 OFFICER/PSO RESPONSIBILITIES (a)The handling officer or PSO shall determine whether or not the situation warrants a report. (b)When a questionable situation arises, a supervisor shall be contacted. Should no supervisor be available, a report shall be taken. Policy 312 Orange Police Department Orange PD Policy Manual Copyright Lexipol, LLC 2021/04/08, All Rights Reserved. Published with permission by Orange Police Department Search and Seizure - 138 Search and Seizure 312.1 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 Orange Police Department personnel to consider when dealing with search and seizure issues. 312.2 POLICY It is the policy of the Orange Police Department to respect the fundamental privacy rights of individuals. Officers 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. 312.3 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, personnel 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. Orange Police Department Orange PD Policy Manual Search and Seizure Copyright Lexipol, LLC 2021/04/08, All Rights Reserved. Published with permission by Orange Police Department Search and Seizure - 139 312.4 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)Officers 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. Policy 313 Orange Police Department Orange PD Policy Manual Copyright Lexipol, LLC 2021/04/08, All Rights Reserved. Published with permission by Orange Police Department Temporary Custody of Juveniles - 140 Temporary Custody of Juveniles 313.1 PURPOSE AND SCOPE This policy provides guidelines consistent with the Juvenile Justice and Delinquency Prevention Act for juveniles taken into temporary custody by police officers of the Orange Police Department (refer to the U.S. Code). Guidance regarding contacting juveniles at schools or who may be victims is provided in the Child Abuse Policy. 313.1.1 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. Orange Police Department Orange PD Policy Manual Temporary Custody of Juveniles Copyright Lexipol, LLC 2021/04/08, All Rights Reserved. Published with permission by Orange Police Department Temporary Custody of Juveniles - 141 (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). 313.2 POLICY The Orange 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 Orange Police Department. Juveniles should be held in temporary custody only for as long as reasonably necessary for processing, or transfer or release. 313.2.1 DETENTION OF INTOXICATED JUVENILES A Minor who is taken into temporary custody by an officer on the basis of being a person described in the California Welfare & Institutions Code and who displays outward signs of intoxication to the level that he or she is unable to care for him/herself, or is known or suspected to have ingested any substance that could result in a medical emergency, the officer shall summon paramedics to the scene to conduct a medical screening of the individual. If practical, the juvenile should be released to a parent, legal guardian or responsible adult. Only after paramedics have medically cleared the minor may the minor be transported to the OPD. 313.3 JUVENILES WHO SHOULD NOT BE HELD Juveniles who exhibit any of the following conditions should not be held at the Orange 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 Orange Police Department Orange PD Policy Manual Temporary Custody of Juveniles Copyright Lexipol, LLC 2021/04/08, All Rights Reserved. Published with permission by Orange Police Department Temporary Custody of Juveniles - 142 or any other intoxicating substance to the extent that they are unable to care for themselves (refer to the California Code of Regulations). (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 (refer to the California Code of Regulations). These juveniles should not be held at the Orange Police Department unless they have been evaluated by a qualified medical and/or mental health professional (refer to the California Code of Regulations). 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 (refer to the California Code of Regulations). 313.3.1 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 officers should administer first aid as applicable (refer to the California Code of Regulations). 313.3.2 SUICIDE PREVENTION OF JUVENILES IN CUSTODY Department personnel 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 (refer to the California Code of Regulations). 313.4 CUSTODY OF JUVENILES Officers should take custody of a juvenile and temporarily hold the juvenile at the Orange 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 Orange 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 Orange Police Department (34 USC § 11133; Welfare and Institutions Code § 207.1). Orange Police Department Orange PD Policy Manual Temporary Custody of Juveniles Copyright Lexipol, LLC 2021/04/08, All Rights Reserved. Published with permission by Orange Police Department Temporary Custody of Juveniles - 143 313.4.1 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 Orange 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). 313.4.2 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 (refer to the U.S. Code). 313.4.3 CUSTODY OF JUVENILE OFFENDERS Juvenile offenders should be held in non-secure custody while at the Orange 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). Orange Police Department Orange PD Policy Manual Temporary Custody of Juveniles Copyright Lexipol, LLC 2021/04/08, All Rights Reserved. Published with permission by Orange Police Department Temporary Custody of Juveniles - 144 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). 313.5 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). 313.6 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 Orange 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. Orange Police Department Orange PD Policy Manual Temporary Custody of Juveniles Copyright Lexipol, LLC 2021/04/08, All Rights Reserved. Published with permission by Orange Police Department Temporary Custody of Juveniles - 145 (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. 313.7 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 Orange 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). 313.8 TEMPORARY CUSTODY REQUIREMENTS Sworn personnel and supervisors assigned to monitor or process any juvenile at the Orange 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 Orange Police Department more than four hours. This will enable the Watch Commander to ensure no juvenile is held at the Orange 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 (refer to the California Code of Regulations). Orange Police Department Orange PD Policy Manual Temporary Custody of Juveniles Copyright Lexipol, LLC 2021/04/08, All Rights Reserved. Published with permission by Orange Police Department Temporary Custody of Juveniles - 146 (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 (refer to the California Code of Regulations). (g)Juveniles shall have reasonable access to a drinking fountain or water (refer to the California Code of Regulations). (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 (refer to the California Code of Regulations). (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 (refer to the California Code of Regulations). (k)Blankets shall be provided as reasonably necessary (refer to the California Code of Regulations). 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 (refer to the California Code of Regulations). 313.9 USE OF RESTRAINT DEVICES Juvenile offenders may be handcuffed in accordance with the Handcuffing and Restraints Policy. A juvenile offender may be handcuffed at the Orange 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 (refer to the California Code of Regulations). 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 (refer to the California Code of Regulations). Juveniles in restraints shall be kept away from other unrestrained juveniles or monitored in such a way as to protect the juvenile from abuse (refer to the California Code of Regulations). Orange Police Department Orange PD Policy Manual Temporary Custody of Juveniles Copyright Lexipol, LLC 2021/04/08, All Rights Reserved. Published with permission by Orange Police Department Temporary Custody of Juveniles - 147 313.10 PERSONAL PROPERTY The officer taking custody of a juvenile offender or status offender at the Orange 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 Orange Police Department. 313.11 SECURE CUSTODY Only juvenile offenders 14 years of age or older may be placed in secure custody (refer to the California Welfare and Institutions Code and the California Code of Regulations). 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 (refer to the California Code of Regulations): (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 Sworn personnel of this department shall not use secure custody for convenience when non- secure custody is, or later becomes, a reasonable option (refer to the California Code of Regulations). 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 (refer to the California Code of Regulations). 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 (refer to the California Code of Regulations). Supervisor approval should be documented. Orange Police Department Orange PD Policy Manual Temporary Custody of Juveniles Copyright Lexipol, LLC 2021/04/08, All Rights Reserved. Published with permission by Orange Police Department Temporary Custody of Juveniles - 148 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 (refer to the California Code of Regulations). 313.11.1 LOCKED ENCLOSURES A thorough inspection of the area shall be conducted before placing a juvenile into the enclosure. A second inspection shall be conducted after removing the juvenile. Any damage noted to the room should be photographed and documented in the crime report. The following requirements shall apply to a juvenile offender who is held inside a locked enclosure: (a)The juvenile shall constantly be monitored by an audio/video system during the entire custody. (b)Juveniles shall have constant auditory access to department members (15 CCR 1147). (c)Initial placement into and removal from a locked enclosure shall be logged (Welfare and Institutions Code § 207.1). (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. 313.12 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 Orange Police Department (refer to the California Code of Regulations). The procedures will address: (a)Immediate notification of the on-duty supervisor, Chief of Police and Investigative Services Division 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 City attorney. (e)Notification to the coroner. (f)Notification of the juvenile court. Orange Police Department Orange PD Policy Manual Temporary Custody of Juveniles Copyright Lexipol, LLC 2021/04/08, All Rights Reserved. Published with permission by Orange Police Department Temporary Custody of Juveniles - 149 (g)In the case of a death, providing a report to the Attorney General under Government Code 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 (refer to the California Code of Regulations). (h)A medical and operational review of deaths and suicide attempts pursuant to the California Code of Regulations. (i)Evidence preservation. 313.13 INTERVIEWING OR INTERROGATING JUVENILE SUSPECTS No interview or interrogation of a juvenile should occur unless the juvenile has the apparent capacity to consent, and does consent to an interview or interrogation. Prior to conducting a custodial interrogation, including the waiver of Miranda rights, 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): (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. 313.13.1 MANDATORY RECORDINGS OF JUVENILES Any interrogation of an individual under 18 years of age who is in custody and suspected of committing murder shall be audio and video recorded when the interview takes place at a 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 (refer to the California Penal Code). This recording is not mandatory when (refer to the California Penal Code): (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 the California Penal Code. (d)The interrogation occurs when no officer 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 officers develops a reason to believe the individual committed murder. Orange Police Department Orange PD Policy Manual Temporary Custody of Juveniles Copyright Lexipol, LLC 2021/04/08, All Rights Reserved. Published with permission by Orange Police Department Temporary Custody of Juveniles - 150 (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 (refer to the California Penal Code and California Welfare and Institutions Code). 313.14 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. 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 Investigative Services Division 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 313.15 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. Personnel 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 Orange Police Department Policy Manual. Such releases are authorized by the California Welfare and Institutions Code. The California Welfare and Institutions Code authorizes the release of certain information to other agencies. It shall be the responsibility of the Records Manager and the appropriate Investigative Services Division supervisors to ensure that personnel of those bureaus act within legal guidelines. Orange Police Department Orange PD Policy Manual Temporary Custody of Juveniles Copyright Lexipol, LLC 2021/04/08, All Rights Reserved. Published with permission by Orange Police Department Temporary Custody of Juveniles - 151 313.16 BOARD OF STATE AND COMMUNITY CORRECTIONS CERTIFICATION The Field Services Division Commander shall coordinate the procedures related to the custody of juveniles held at the Orange Police Department and ensure any required certification is maintained (refer to the California Welfare and Institution Code). 313.17 RELIGIOUS ACCOMMODATION Juveniles have the right to the same religious accommodation as adults in temporary custody (see the Temporary Custody of Adults Policy). 313.18 SECTION TITLE Policy 314 Orange Police Department Orange PD Policy Manual Copyright Lexipol, LLC 2021/04/08, All Rights Reserved. Published with permission by Orange Police Department Adult Abuse - 152 Adult Abuse 314.1 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 Orange Police Department personnel as required by law. 314.1.1 DEFINITIONS Definitions related to this policy include: Adult abuse - Any offense or attempted offense involving violence or neglect of an adult victim when committed by a person responsible for the adult’s care, or any other act that would mandate reporting or notification to a social service agency or law enforcement (Penal Code § 368). Abuse of an elder (age 65 or older) or dependent adult - Physical abuse, neglect, financial abuse, abandonment, isolation, abduction, or other treatment with resulting physical harm or pain or mental suffering; or the deprivation by a care custodian of goods or services that are necessary to avoid physical harm or mental suffering. Neglect includes self-neglect (Welfare and Institutions Code § 15610.07; Penal Code § 368.5). 314.2 POLICY The Orange Police Department will investigate all reported incidents of alleged adult abuse and ensure proper reporting and notification as required by law. 314.3 INVESTIGATIONS AND REPORTING All reported or suspected cases of adult abuse require investigation and possibly a report, even if the allegations appear unfounded or unsubstantiated. Investigations and reports related to suspected cases of 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 adult abuse victim is contacted. (b)Any relevant statements the victim may have made and to whom he/she made the statements. (c)If a person is taken into protective custody, 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. Orange Police Department Orange PD Policy Manual Adult Abuse Copyright Lexipol, LLC 2021/04/08, All Rights Reserved. Published with permission by Orange Police Department Adult Abuse - 153 (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)Results of investigations shall be provided to those agencies (Adult Protective Services (APS), long-term ombudsman) that referred or reported the adult abuse (refer to the California Welfare and Institutions Code). (k)Whether a death involved the End of Life Option Act: (a)Whether or not assistance was provided to the person beyond that allowed by law (refer to the California Health and Safety Code) (b)Whether an individual knowingly altered or forged a request for an aid-in- dying drug to end a person’s life without his/her authorization, or concealed or destroyed a withdrawal or rescission of a request for an aid-in-dying drug (refer to the California Health and Safety Code) (c)Whether coercion or undue influence was exerted on the person to request or ingest an aid-in-dying drug or to destroy a withdrawal or rescission of a request for such medication (refer to the California Health and Safety Code) (d)Whether an aid-in-dying drug was administered to a person without his/her knowledge or consent (refer to the California Health and Safety Code). Any unexplained death of an adult who was in the care of a guardian or caretaker should be considered as potential adult abuse and investigated similarly. 314.4 INVESTIGATIVE OFFICERS Investigative Officers should be available to investigate cases of adult abuse. These investigators should: (a)Conduct interviews in appropriate interview facilities. (b)Be familiar with forensic interview techniques specific to adult abuse investigations. (c)Present applicable cases of alleged adult abuse to the District Attorney for review. (d)Coordinate with other enforcement agencies, social service agencies and facility administrators as needed. (e)Provide referrals to therapy services, victim advocates, guardians and support for the victim and family as appropriate. (f)Participate in or coordinate with multidisciplinary investigative teams as applicable (refer to the California Welfare and Institutions Code). 314.5 MANDATORY NOTIFICATION Officers of the Orange 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 Orange Police Department Orange PD Policy Manual Adult Abuse Copyright Lexipol, LLC 2021/04/08, All Rights Reserved. Published with permission by Orange Police Department Adult Abuse - 154 knowledge of an incident that reasonably appears to be abuse of an elder (age 65 or older) or dependent adult, or are told by an elder or dependent adult that he/she has experienced abuse (Welfare and Institutions Code § 15630(b)). Notification shall be made by telephone as soon as practicable and a written report shall be provided within two working days as provided in Welfare and Institutions Code § 15630(b)(c)). A dependent adult is an individual, regardless of whether the individual lives independently, between 18 and 64 years of age who has physical or mental limitations that restrict his/her ability to carry out normal activities or to protect his/her rights, including but not limited to persons who have physical or developmental disabilities or whose physical or mental abilities have diminished because of age. This also includes those admitted as inpatients to a 24-hour health facility, as defined in state law (Welfare and Institutions Code § 15610.23). Notification shall also be made to the following agencies as soon as practicable or as provided below (Welfare and Institutions Code § 15630): (a)If the abuse is physical abuse and occurred in a long-term care facility (not a state mental health hospital or a state developmental center) notification shall be made as follows (Welfare and Institutions Code § 15630(b)(1)): 1.If there is serious bodily injury, notification shall be made by telephone and, within two hours, a written report shall be made to the local ombudsman and the corresponding licensing agency. 2.If there is physical abuse and no serious bodily injury, notification shall be made by telephone and, within 24 hours, a written report shall be made to the local ombudsman and the corresponding licensing agency. 3.If the abuse is allegedly caused by a resident with dementia and there is no serious bodily injury, notification shall be made by telephone and a written report to the local ombudsman within 24 hours. 4.When a report of abuse is received by the 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. (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. Orange Police Department Orange PD Policy Manual Adult Abuse Copyright Lexipol, LLC 2021/04/08, All Rights Reserved. Published with permission by Orange Police Department Adult Abuse - 155 (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 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 Investigative Services Division 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). 314.5.1 NOTIFICATION PROCEDURE Notification should include the following information, if known (refer to the California Welfare and Institutions Code): (a)The name of the person making the report. (b)The name and age of the elder or dependent adult. (c)The present location of the elder or dependent adult. (d)The names and addresses of family members or any other adult responsible for the care of the elder or dependent adult. (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. Orange Police Department Orange PD Policy Manual Adult Abuse Copyright Lexipol, LLC 2021/04/08, All Rights Reserved. Published with permission by Orange Police Department Adult Abuse - 156 314.6 PROTECTIVE CUSTODY Before taking an 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, officers of this department should remove an 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 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 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 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. 314.6.1 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 (refer to the California Family Code). 314.7 INTERVIEWS 314.7.1 PRELIMINARY INTERVIEWS Absent extenuating circumstances or impracticality, officers should audio record the preliminary interview with a suspected 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. 314.7.2 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: Orange Police Department Orange PD Policy Manual Adult Abuse Copyright Lexipol, LLC 2021/04/08, All Rights Reserved. Published with permission by Orange Police Department Adult Abuse - 157 (a)Exigent circumstances exist, such as: (a)A reasonable belief that medical issues of the adult need to be addressed immediately. (b)A reasonable belief that the adult is or will be in danger of harm if the interview or physical exam is not immediately completed. (c)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. 314.8 MEDICAL EXAMINATIONS When an 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. 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. 314.9 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 adult abuse victim who has been exposed to the manufacturing, trafficking or use of narcotics. 314.9.1 OFFICER RESPONSIBILITIES Officers responding to a drug lab or other narcotics crime scene where an adult abuse victim is present or where there is evidence that an adult abuse victim lives should: (a)Document the environmental, medical, social and other conditions of the adult, using photography as appropriate for this purpose. (b)Notify the Investigative Services Division supervisor so an interagency response can begin. 314.9.2 SUPERVISOR RESPONSIBILITIES The Investigative Services Division 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 adult abuse victims endangered by exposure to methamphetamine labs or the manufacture and trafficking of other drugs. Orange Police Department Orange PD Policy Manual Adult Abuse Copyright Lexipol, LLC 2021/04/08, All Rights Reserved. Published with permission by Orange Police Department Adult Abuse - 158 (b)Activate any available interagency response when an officer notifies the Investigative Services Division supervisor that he/she has responded to a drug lab or other narcotics crime scene where an adult abuse victim is present or where evidence indicates that an adult abuse victim lives. 314.9.3 RECORDS RESPONSIBILITIES The Records Bureau is responsible for: (a)Providing a copy of the adult abuse report to the APS, ombudsman or other agency as applicable within two working days as required by law (refer to the Welfare and Institutions code). (b)Retaining the original adult abuse report with the initial case file. 314.10 TRAINING The Department should provide training on best practices in 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. (e)Cultural competence (including interpretive services) related to adult abuse investigations. (f)Availability of victim advocates or other support. 314.11 JURISDICTION The Orange 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 in such cases. However, this department will retain responsibility for the criminal investigations (Penal Code § 368.5). 314.12 RELEVANT STATUTES Penal Code § 368 (c) Any person who knows or reasonably should know that a person is an elder or dependent adult and who, under circumstances or conditions other than those likely to produce great bodily harm or death, willfully causes or permits any elder or dependent adult to suffer, or inflicts thereon unjustifiable physical pain or mental suffering, or having the care or custody of any elder or dependent adult, willfully causes or permits the person or health of the elder or dependent adult Orange Police Department Orange PD Policy Manual Adult Abuse Copyright Lexipol, LLC 2021/04/08, All Rights Reserved. Published with permission by Orange Police Department Adult Abuse - 159 to be injured or willfully causes or permits the elder or dependent adult to be placed in a situation in which his or her person or health may be endangered, is guilty of a misdemeanor. Penal Code § 368 (f) (f) A person who commits the false imprisonment of an elder or a dependent adult by the use of violence, menace, fraud, or deceit is punishable by imprisonment pursuant to subdivision (h) of Section 1170 for two, three, or four years. Welfare and Institutions Code § 15610.05 “Abandonment” means the desertion or willful forsaking of an elder or a dependent adult by anyone having care or custody of that person under circumstances in which a reasonable person would continue to provide care and custody. Welfare and Institutions Code § 15610.06 “Abduction” means the removal from this state and the restraint from returning to this state, or the restraint from returning to this state, of any elder or dependent adult who does not have the capacity to consent to the removal from this state and the restraint from returning to this state, or the restraint from returning to this state, as well as the removal from this state or the restraint from returning to this state, of any conservatee without the consent of the conservator or the court. Welfare and Institutions Code § 15610.30 (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: Orange Police Department Orange PD Policy Manual Adult Abuse Copyright Lexipol, LLC 2021/04/08, All Rights Reserved. Published with permission by Orange Police Department Adult Abuse - 160 (1) A conservator, trustee, or other representative of the estate of an elder or dependent adult. (2) An attorney-in-fact of an elder or dependent adult who acts within the authority of the power of attorney. Welfare and Institutions Code § 15610.43 (a) “Isolation” means any of the following: (1) Acts intentionally committed for the purpose of preventing, and that do serve to prevent, an elder or dependent adult from receiving his or her mail or telephone calls. (2) Telling a caller or prospective visitor that an elder or dependent adult is not present, or does not wish to talk with the caller, or does not wish to meet with the visitor where the statement is false, is contrary to the express wishes of the elder or the dependent adult, whether he or she is competent or not, and is made for the purpose of preventing the elder or dependent adult from having contact with family, friends, or concerned persons. (3) False imprisonment, as defined in Section 236 of the Penal Code. (4) Physical restraint of an elder or dependent adult, for the purpose of preventing the elder or dependent adult from meeting with visitors. (b) The acts set forth in subdivision (a) shall be subject to a rebuttable presumption that they do not constitute isolation if they are performed pursuant to the instructions of a physician and surgeon 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. Orange Police Department Orange PD Policy Manual Adult Abuse Copyright Lexipol, LLC 2021/04/08, All Rights Reserved. Published with permission by Orange Police Department Adult Abuse - 161 (4) Failure to prevent malnutrition or dehydration. (5) Failure of an elder or dependent adult to satisfy the needs specified in paragraphs (1) to (4), inclusive, for himself or herself as a result of poor cognitive functioning, mental limitation, substance abuse, or chronic poor health. Welfare and Institutions Code § 15610.63 15610.63. “Physical abuse” means any of the following: (a) Assault, as defined in Section 240 of the Penal Code. (b) Battery, as defined in Section 242 of the Penal Code. (c) Assault with a deadly weapon or force likely to produce great bodily injury, as defined in Section 245 of the Penal Code. (d) Unreasonable physical constraint, or prolonged or continual deprivation of food or water. (e) Sexual assault, that means any of the following: (1) Sexual battery, as defined in Section 243.4 of the Penal Code. (2) Rape, as defined in Section 261 of the Penal Code. (3) Rape in concert, as described in Section 264.1 of the Penal Code. (4) Spousal rape, as defined in Section 262 of the Penal Code. (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. Policy 315 Orange Police Department Orange PD Policy Manual Copyright Lexipol, LLC 2021/04/08, All Rights Reserved. Published with permission by Orange Police Department Discriminatory Harassment - 162 Discriminatory Harassment 315.1 PURPOSE AND SCOPE The purpose of this policy is to prevent department personnel from being subjected to discriminatory harassment, including sexual harassment and retaliation. Nothing in this policy is intended to create a legal or employment right or duty that is not created by law. 315.1.1 GOALS The goal of the Orange Police Department's Equal Employment Opportunity (EEO) Program is to hire, train, compensate, assign and promote all employees and those aspiring to become employees on the basis of merit and fitness. The police department is committed to fair and equal treatment of all employees. Our continued success depends on deliberate and sustained effort to identify and eliminate barriers to employment and advancement. We will accomplish this goal within moral and legal principles of our merit system. Each police department employee is expected to understand, support, and promote equal employment opportunities. It is the objective of the OPD to promote equal employment opportunity and to assist all persons in understanding their rights, duties and obligations, so as to facilitate achievement of compliance with the law. 315.2 POLICY The Orange Police Department is an equal opportunity employer and is committed to creating and maintaining a work environment that is free of all forms of discriminatory harassment, including sexual harassment and retaliation (refer to the California Government Code and the California Code of Regulations). The Department will not tolerate discrimination against an employee in hiring, promotion, discharge, compensation, fringe benefits and other privileges of employment. The Department will take preventive and corrective action to address any behavior that violates this policy or the rights it is designed to protect. The nondiscrimination policies of the Department may be more comprehensive than state or federal law. Conduct that violates this policy may not violate state or federal law but still could subject a member to discipline. 315.3 DEFINITIONS Definitions related to this policy include: 315.3.1 DISCRIMINATION The Department prohibits all forms of discrimination, including any employment-related action by a member that adversely affects an applicant or member and is based on actual or perceived race, ethnicity, national origin, religion, sex, sexual orientation, gender identity or expression, age, disability, pregnancy, genetic information, veteran status, marital status, and any other classification or status protected by law. Orange Police Department Orange PD Policy Manual Discriminatory Harassment Copyright Lexipol, LLC 2021/04/08, All Rights Reserved. Published with permission by Orange Police Department Discriminatory Harassment - 163 Discriminatory harassment, including sexual harassment, is verbal or physical conduct that demeans or shows hostility or aversion toward an individual based upon that individual’s protected class. It has the effect of interfering with an individual’s work performance or creating a hostile or abusive work environment. Conduct that may, under certain circumstances, constitute discriminatory harassment can include making derogatory comments; making crude and offensive statements or remarks; making slurs or off-color jokes, stereotyping; engaging in threatening acts; making indecent gestures, pictures, cartoons, posters, or material; making inappropriate physical contact; or using written material or department equipment and/or systems to transmit or receive offensive material, statements, or pictures. Such conduct is contrary to department policy and to a work environment that is free of discrimination. 315.3.2 SEXUAL HARASSMENT The Department prohibits all forms of discrimination and discriminatory harassment, including sexual harassment. It is unlawful to harass an applicant or an employee because of that person’s sex. Sexual harassment includes, but is not limited to, unwelcome sexual advances, requests for sexual favors or other verbal, visual or physical conduct of a sexual nature when: (a)Submission to such conduct is made either explicitly or implicitly a term or condition of employment, position or compensation. (b)Submission to, or rejection of, such conduct is used as the basis for any employment decisions affecting the employee. (c)Such conduct has the purpose or effect of substantially interfering with an employee's work performance or creating an intimidating, hostile, or offensive work environment. 315.3.3 ADDITIONAL CONSIDERATIONS Discrimination and discriminatory harassment do not include actions that are in accordance with established rules, principles or standards, including: (a)Acts or omission of acts based solely upon bona fide occupational qualifications under the Equal Employment Opportunity Commission (EEOC) and the California Fair Employment and Housing Council guidelines. (b)Bona fide requests or demands by a supervisor that an employee improve his/her work quality or output, that the employee report to the job site on time, that the employee comply with City or department rules or regulations, or any other appropriate work- related communication between supervisor and employee. 315.3.4 PROCEDURES The Administrative Services Division Commander is the Equal Employment Opportunity Coordinator for the Orange Police Department. The duties of the position include: (a)The continuing development, implementation and monitoring of the EEO program, Orange Police Department Orange PD Policy Manual Discriminatory Harassment Copyright Lexipol, LLC 2021/04/08, All Rights Reserved. Published with permission by Orange Police Department Discriminatory Harassment - 164 (b)As assigned by the Chief of Police, the investigation of cases of suspected discrimination or sexual harassment, and liaison with the City Personnel's Equal Employment Opportunity Office, (c)The authority to implement all aspects of our policy and plan, (d)Responsibility for the department's continued adherence to the directive and goals listed throughout this directive. 315.3.5 RETALIATION Retaliation is treating a person differently or engaging in acts of reprisal or intimidation against the person because the person has engaged in protected activity, filed a charge of discrimination, participated in an investigation, or opposed a discriminatory practice. Retaliation will not be tolerated. 315.4 RESPONSIBILITIES This policy applies to all department personnel. All employees shall follow the intent of these guidelines in a manner that reflects department policy, professional law enforcement standards and the best interest of the Department and its mission. Employees are encouraged to promptly report any discriminatory, retaliatory or harassing conduct or known violations of this policy to a supervisor. Any employee who is not comfortable with reporting violations of this policy to his/her immediate supervisor may bypass the chain of command and make the report to a higher-ranking supervisor or manager. Complaints may also be filed with the Chief of Police, the Director of Human Resources and Employee Relations or the City Manager. Any employee who believes, in good faith, that he/she has been discriminated against, harassed or subjected to retaliation, or who has observed harassment, discrimination, or retaliation is encouraged to promptly report such conduct in accordance with the procedures set forth in this policy. Supervisors and managers receiving information regarding alleged violations of this policy shall determine if there is any basis for the allegation and shall proceed with resolution as stated below. 315.4.1 SUPERVISOR RESPONSIBILITIES The responsibilities of supervisors and managers shall include, but are not limited to: (a)Continually monitoring the work environment and striving to ensure that it is free from all types of unlawful discrimination, including harassment or retaliation. (b)Taking prompt, appropriate action within their work units to avoid and minimize the incidence of any form of discrimination, harassment or retaliation. (c)Ensuring that their subordinates understand their responsibilities under this policy. (d)Ensuring that employees who make complaints or who oppose any unlawful employment practices are protected from retaliation and that such matters are kept confidential to the extent possible. Orange Police Department Orange PD Policy Manual Discriminatory Harassment Copyright Lexipol, LLC 2021/04/08, All Rights Reserved. Published with permission by Orange Police Department Discriminatory Harassment - 165 (e)Making a timely determination regarding the substance of any allegation based upon all available facts. (f)Notifying the Chief of Police or Director of Human Resources and Employee Relations in writing of the circumstances surrounding any reported allegations or observed acts of discrimination, harassment or retaliation no later than the next business day. 315.4.2 SUPERVISOR’S ROLE Supervisors and managers shall be aware of the following: (a)Behavior of supervisors and managers should represent the values of the Department and professional standards. (b)False or mistaken accusations of discrimination, harassment, or retaliation can have negative effects on the careers of innocent employees. Nothing in this section shall be construed to prevent supervisors or managers from discharging supervisory or management responsibilities, such as determining duty assignments, evaluating or counseling employees, or issuing discipline, in a manner that is consistent with established procedures. 315.4.3 QUESTIONS OR CLARIFICATION Employees with questions regarding what constitutes discrimination, sexual harassment or retaliation are encouraged to contact a supervisor, a manager, the Chief of Police, the Director of Human Resources and Employee Relations, the City Manager or the California Department of Fair Employment and Housing for further information, direction or clarification. 315.5 INVESTIGATION OF COMPLAINTS Various methods of resolution exist. During the pendency of any such investigation, the supervisor of the involved employee should take prompt and reasonable steps to mitigate or eliminate any continuing abusive or hostile work environment. It is the policy of the Department that all complaints of discrimination, retaliation or harassment shall be fully documented and promptly and thoroughly investigated. 315.5.1 SUPERVISOR RESOLUTION Employees who believe they are experiencing discrimination, harassment or retaliation should be encouraged to inform the individual that his/her behavior is unwelcome, offensive, unprofessional or inappropriate. However, if the employee feels uncomfortable or threatened or has difficulty expressing his/her concern, or if this does not resolve the concern, assistance should be sought from a supervisor or manager who is a rank higher than the alleged transgressor. 315.5.2 FORMAL INVESTIGATION If the complaint cannot be satisfactorily resolved through the process described above, a formal investigation will be conducted. The person assigned to investigate the complaint will have full authority to investigate all aspects of the complaint. Investigative authority includes access to records and the cooperation of any Orange Police Department Orange PD Policy Manual Discriminatory Harassment Copyright Lexipol, LLC 2021/04/08, All Rights Reserved. Published with permission by Orange Police Department Discriminatory Harassment - 166 employees involved. No influence will be used to suppress any complaint and no employee will be subject to retaliation or reprisal for filing a complaint, encouraging others to file a complaint or for offering testimony or evidence in any investigation. Formal investigation of the complaint will be confidential to the extent possible and will include, but is not limited to, details of the specific incident, frequency and dates of occurrences and names of any witnesses. Witnesses will be advised regarding the prohibition against retaliation, and that a disciplinary process, up to and including termination, may result if retaliation occurs. Employees who believe they have been discriminated against, harassed or retaliated against because of their protected status, are encouraged to follow the chain of command but may also file a complaint directly with the Chief of Police, Director of Human Resources and Employee Relations or the City Manager. 315.5.3 ALTERNATIVE COMPLAINT PROCESS No provision of this policy shall be construed to prevent any member from seeking legal redress outside the Department. Employees who believe that they have been harassed, discriminated against, or retaliated against are entitled to bring complaints of employment discrimination to federal, state, and/or local agencies responsible for investigating such allegations. Specific time limitations apply to the filing of such charges. Employees are advised that proceeding with complaints under the provisions of this policy does not in any way affect those filing requirements. 315.6 DOCUMENTATION OF COMPLAINTS All complaints or allegations shall be thoroughly documented on forms and in a manner designated by the Chief of Police. The outcome of all reports shall be: •Approved by the Chief of Police, the City Manager or the Director of Human Resources and Employee Relations, depending on the ranks of the involved parties. •Maintained in accordance with the department's established records retention schedule. 315.6.1 NOTIFICATION OF DISPOSITION The complainant and/or victim will be notified in writing of the disposition of the investigation and the actions taken to remedy or address the circumstances giving rise to the complaint. 315.7 TRAINING All new employees shall be provided with a copy of this policy as part of their orientation. The policy shall be reviewed with each new employee. The employee shall certify by signing the prescribed form that he/she has been advised of this policy, is aware of and understands its contents and agrees to abide by its provisions during his/her term with the Department. All employees shall receive annual training on the requirements of this policy and shall certify by signing the prescribed form that they have reviewed the policy, understand its contents and agree that they will continue to abide by its provisions. Orange Police Department Orange PD Policy Manual Discriminatory Harassment Copyright Lexipol, LLC 2021/04/08, All Rights Reserved. Published with permission by Orange Police Department Discriminatory Harassment - 167 315.7.1 STATE-REQUIRED TRAINING The Personnel and Training Bureau Sergeant should ensure that employees receive the required state training and education regarding sexual harassment, prevention of abusive conduct, and harassment based on gender identity, gender expression, and sexual orientation as follows (Government Code § 12950.1; 2 CCR 11024): (a)Supervisory employees shall receive two hours of classroom or other effective interactive training and education within six months of assuming a supervisory position. (b)All other employees shall receive one hour of classroom or other effective interactive training and education within six months of their employment or sooner for seasonal or temporary employees as described in Government Code § 12950.1. (c)All employees shall receive refresher training every two years thereafter. If the required training is to be provided by DFEH online training courses, the Personnel and Training Bureau Sergeant should ensure that employees are provided the following website address to the training course: www.dfeh.ca.gov/shpt/ (Government Code § 12950; 2 CCR 11023). 315.7.2 TRAINING RECORDS The Personnel and Training Bureau Sergeant shall be responsible for maintaining records of all discriminatory harassment training provided to employees. Records shall be retained in accordance with established records retention schedules and for a minimum of two years (refer to the California Code of Regulations). 315.8 WORKING CONDITIONS The Administrative Services Division Commander or the authorized designee should be responsible for reviewing facility design and working conditions for discriminatory practices. This person should collaborate with other City employees who are similarly tasked (refer to the California Code of Regulations). Policy 316 Orange Police Department Orange PD Policy Manual Copyright Lexipol, LLC 2021/04/08, All Rights Reserved. Published with permission by Orange Police Department Child Abuse - 168 Child Abuse 316.1 PURPOSE AND SCOPE The purpose of this policy is to provide guidelines for the investigation of suspected child abuse. This policy also addresses when Orange Police Department officers are required to notify the county Child Protective Services (CPS) of suspected child abuse. 316.1.1 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 (refer to the California Penal Code). 316.2 POLICY The Orange Police Department will investigate all reported incidents of alleged criminal child abuse and ensure CPS is notified as required by law. 316.3 MANDATORY NOTIFICATION The child protection agency shall be notified when (refer to the California Penal Code): (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 (refer to the California Penal Code). 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 (refer to the California Penal Code). 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 (refer to the California Orange Police Department Orange PD Policy Manual Child Abuse Copyright Lexipol, LLC 2021/04/08, All Rights Reserved. Published with permission by Orange Police Department Child Abuse - 169 Penal Code); neglect (refer to the California Penal Code); the willful harming or injuring of a child or the endangering of the person or health of a child (refer to the California Penal Code); and unlawful corporal punishment or injury (refer to the California Penal Code). 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. 316.3.1 NOTIFICATION PROCEDURE Notification should occur as follows (refer to the California Penal Code): (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. 316.4 INVESTIGATIVE OFFICERS 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 (refer to the California Welfare and Institutions Code). 316.5 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. Orange Police Department Orange PD Policy Manual Child Abuse Copyright Lexipol, LLC 2021/04/08, All Rights Reserved. Published with permission by Orange Police Department Child Abuse - 170 (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, lack of 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). 316.5.1 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 personnel 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 (refer to the California Penal Code). 316.6 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, officers 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. Orange Police Department Orange PD Policy Manual Child Abuse Copyright Lexipol, LLC 2021/04/08, All Rights Reserved. Published with permission by Orange Police Department Child Abuse - 171 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 (refer to the California Welfare and Institutions Code): (a)The officer reasonably believes the child is a person described in Welfare and Institutions Code, or a commercially exploited child under Penal Code, 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, 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 the California Penal Code regardingDetainment or concealment of child from legal custodian or the Penal Code regardingDeprivation of custody of a child or right to visitation. A child taken into protective custody shall be delivered to CPS unless otherwise directed by court order. 316.6.1 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 (refer to the California Penal Code). The law requires the surrender site to notify CPS. Orange Police Department Orange PD Policy Manual Child Abuse Copyright Lexipol, LLC 2021/04/08, All Rights Reserved. Published with permission by Orange Police Department Child Abuse - 172 316.6.2 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 the California Welfare and Institutions Code to ensure that the newborn is placed with the adoptive parents when it is appropriate. 316.7 INTERVIEWS 316.7.1 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. 316.7.2 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. 316.7.3 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 (refer to the California Penal Code). Orange Police Department Orange PD Policy Manual Child Abuse Copyright Lexipol, LLC 2021/04/08, All Rights Reserved. Published with permission by Orange Police Department Child Abuse - 173 316.8 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 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. 316.9 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. 316.9.1 SUPERVISOR RESPONSIBILITIES The Investigative Services Division 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 Investigative Services Division 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. 316.9.2 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 Investigative Services Division supervisor so an interagency response can begin. 316.10 STATE MANDATES AND OTHER RELEVANT LAWS California requires or permits the following: Orange Police Department Orange PD Policy Manual Child Abuse Copyright Lexipol, LLC 2021/04/08, All Rights Reserved. Published with permission by Orange Police Department Child Abuse - 174 316.10.1 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 (refer to the California Penal Code). 316.10.2 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 (refer to the California Penal Code). All requests for removal shall be submitted in writing by the requesting person and promptly routed to the CACI hearing officer. 316.10.3 CACI HEARING OFFICER The Investigative Services Division 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. 316.10.4 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 (refer to the California Penal Code). 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 Orange Police Department Orange PD Policy Manual Child Abuse Copyright Lexipol, LLC 2021/04/08, All Rights Reserved. Published with permission by Orange Police Department Child Abuse - 175 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. 316.10.5 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 (refer to the California Penal Code). 316.11 TRAINING The Department should provide training on best practices in child abuse investigations to personnel 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 support. Policy 317 Orange Police Department Orange PD Policy Manual Copyright Lexipol, LLC 2021/04/08, All Rights Reserved. Published with permission by Orange Police Department Missing Persons - 176 Missing Persons 317.1 PURPOSE AND SCOPE This policy provides guidance for handling missing person investigations. 317.1.1 DEFINITIONS At risk - Includes, but is not limited to (refer to the California Penal Code): •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 (refer to the California Penal Code). 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 (refer to the California Penal Code). 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). 317.2 POLICY The Orange 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 Orange 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 (refer to the California Penal Code). 317.3 REQUIRED FORMS AND BIOLOGICAL SAMPLE COLLECTION KITS The Investigative Services 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 (refer to the California Penal Code) Orange Police Department Orange PD Policy Manual Missing Persons Copyright Lexipol, LLC 2021/04/08, All Rights Reserved. Published with permission by Orange Police Department Missing Persons - 177 •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 317.4 ACCEPTANCE OF REPORTS Any personnel encountering a person who wishes to report a missing person or runaway shall render assistance without delay (refer to the California Penal Code). This can be accomplished by accepting the report via telephone or in-person and initiating the investigation. Those personel 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 (refer to the California Penal Code). 317.5 INITIAL INVESTIGATION Officers or other personnel 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 (refer to the California Penal Code). (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). Orange Police Department Orange PD Policy Manual Missing Persons Copyright Lexipol, LLC 2021/04/08, All Rights Reserved. Published with permission by Orange Police Department Missing Persons - 178 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. 317.6 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. 317.6.1 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 Bureau. (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. 317.6.2 RECORDS BUREAU RESPONSIBILITIES The receiving employee 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 (refer to the California Penal Code). (b)Notify and forward a copy of the report to the law enforcement agency in whose jurisdiction the missing person was last seen (refer to the California Penal Code). Orange Police Department Orange PD Policy Manual Missing Persons Copyright Lexipol, LLC 2021/04/08, All Rights Reserved. Published with permission by Orange Police Department Missing Persons - 179 (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 Investigative Services Division. (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 (refer to the U.S. Code). 317.7 INVESTIGATIVE SERVICES DIVISION 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 (refer to the California Education Code). 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 (refer to the U.S. Code). (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 (refer to the U.S. Code). (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 the California Penal Code. (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 (refer to the California Penal Code) and enter the photograph into applicable missing person networks (refer to the U.S. Code). (j)Should consider making appropriate entries and searches in the National Missing and Unidentified Persons System (NamUs). Orange Police Department Orange PD Policy Manual Missing Persons Copyright Lexipol, LLC 2021/04/08, All Rights Reserved. Published with permission by Orange Police Department Missing Persons - 180 (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 (refer to the U.S. Code). 317.8 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 Records Manager shall ensure that, upon receipt of information that a missing person has been located, the following occurs (refer to the California Penal Code): (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. 317.8.1 UNIDENTIFIED PERSONS Department personnel 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. 317.9 CASE CLOSURE The Investigative Services Division 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 Orange 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. Orange Police Department Orange PD Policy Manual Missing Persons Copyright Lexipol, LLC 2021/04/08, All Rights Reserved. Published with permission by Orange Police Department Missing Persons - 181 (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. 317.10 TRAINING Subject to available resources, the Training Bureau Sergeant should ensure that personnel 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 318 Orange Police Department Orange PD Policy Manual Copyright Lexipol, LLC 2021/04/08, All Rights Reserved. Published with permission by Orange Police Department Public Alerts - 182 Public Alerts 318.1 PURPOSE AND SCOPE The purpose of this policy is to provide guidelines for alerting the public to important information and soliciting public aid when appropriate. 318.2 POLICY Public alerts may be employed using the Emergency Alert System (EAS), local radio, television and press organizations and other groups to notify the public of incidents, or enlist the aid of the public, when the exchange of information may enhance the safety of the community. Various types of alerts may be available based upon each situation and the alert system’s individual criteria. 318.3 RESPONSIBILITIES 318.3.1 EMPLOYEE RESPONSIBILITIES Employees of the Orange Police Department should notify their supervisor, Watch Commander or Investigative Services Division Supervisor as soon as practicable upon learning of a situation where public notification, a warning or enlisting the help of the media and public could assist in locating a missing person, apprehending a dangerous person or gathering information. 318.3.2 SUPERVISOR RESPONSIBILITIES A supervisor apprised of the need for a public alert is responsible to make the appropriate notifications based upon the circumstances of each situation. The supervisor shall promptly notify the Chief of Police, the appropriate Division Commander and the Public Information Officer when any public alert is generated. The supervisor in charge of the investigation to which the alert relates is responsible for the following: (a)Updating alerts (b)Canceling alerts (c)Ensuring all appropriate reports are completed (d)Preparing an after-action evaluation of the investigation to be forwarded to the Division Commander 318.4 AMBER ALERTS The AMBER Alert™ Program is a voluntary partnership between law enforcement agencies, broadcasters, transportation agencies and the wireless industry, to activate urgent bulletins in child abduction cases. Orange Police Department Orange PD Policy Manual Public Alerts Copyright Lexipol, LLC 2021/04/08, All Rights Reserved. Published with permission by Orange Police Department Public Alerts - 183 318.4.1 CRITERIA FOR AMBER ALERT The following conditions must be met before activating an AMBER Alert (refer to the California Government Code): (a)A child has been abducted or taken by anyone, including but not limited to a custodial parent or guardian. (b)The victim is 17 years of age or younger, or has a proven mental or physical disability. (c)The victim is in imminent danger of serious injury or death. (d)There is information available that, if provided to the public, could assist in the child’s safe recovery. 318.4.2 PROCEDURE FOR AMBER ALERT The supervisor in charge will ensure the following: (a)An initial press release is prepared that includes all available information that might aid in locating the child: 1.The child’s identity, age and description 2.Photograph if available 3.The suspect’s identity, age and description, if known 4.Pertinent vehicle description 5.Detail regarding location of incident, direction of travel, potential destinations, if known 6.Name and telephone number of the Public Information Officer or other authorized individual to handle media liaison 7.A telephone number for the public to call with leads or information (b)The local California Highway Patrol communications center should be contacted to initiate a multi-regional or statewide EAS broadcast, following any policies and procedures developed by CHP (refer to the California Government Code). (c)The press release information is forwarded to the Sheriff’s Department Emergency Communications Bureau so that general broadcasts can be made to local law enforcement agencies. (d)Information regarding the missing person should be entered into the California Law Enforcement Telecommunication System (CLETS). (e)Information regarding the missing person should be entered into the California Department of Justice Missing and Unidentified Persons System (MUPS)/National Crime Information Center (NCIC). (f)The following resources should be considered as circumstances dictate: 1.The local FBI office 2.National Center for Missing and Exploited Children (NCMEC) Orange Police Department Orange PD Policy Manual Public Alerts Copyright Lexipol, LLC 2021/04/08, All Rights Reserved. Published with permission by Orange Police Department Public Alerts - 184 318.5 BLUE ALERTS Blue Alerts may be issued when an officer is killed, injured or assaulted and the suspect may pose a threat to the public or other law enforcement personnel. 318.5.1 CRITERIA FOR BLUE ALERTS All of the following conditions must be met before activating a Blue Alert (refer to the California Government Code): (a)A law enforcement officer has been killed, suffered serious bodily injury or has been assaulted with a deadly weapon, and the suspect has fled the scene of the offense. (b)The investigating law enforcement agency has determined that the suspect poses an imminent threat to the public or other law enforcement personnel. (c)A detailed description of the suspect’s vehicle or license plate is available for broadcast. (d)Public dissemination of available information may help avert further harm or accelerate apprehension of the suspect. 318.5.2 PROCEDURE FOR BLUE ALERT The supervisor in charge should ensure the following: (a)An initial press release is prepared that includes all available information that might aid in locating the suspect: 1.The license number and/or any other available description or photograph of the vehicle 2.Photograph, description and/or identification of the suspect 3.The suspect’s identity, age and description, if known 4.Detail regarding location of incident, direction of travel, potential destinations, if known 5.Name and telephone number of the Public Information Officer or other authorized individual to handle media liaison 6.A telephone number for the public to call with leads or information (b)The local California Highway Patrol communications center is contacted to initiate a multi-regional or statewide EAS broadcast. (c)The information in the press release is forwarded to the Sheriff’s Department Emergency Communications Bureau so that general broadcasts can be made to local law enforcement agencies. (d)The following resources should be considered as circumstances dictate: 1.Entry into the California Law Enforcement Telecommunication System (CLETS) 2.The FBI local office Orange Police Department Orange PD Policy Manual Public Alerts Copyright Lexipol, LLC 2021/04/08, All Rights Reserved. Published with permission by Orange Police Department Public Alerts - 185 318.6 SILVER ALERTS Silver Alerts® is an emergency notification system for people who are 65 years of age or older, developmentally disabled or cognitively impaired and have been reported missing (refer to California Government Code). 318.6.1 CRITERIA FOR SILVER ALERTS All of the following conditions must be met before activating a Silver Alert (refer to the California Government Code): (a)The missing person is 65 years of age or older, developmentally disabled or cognitively impaired. (b)The department has utilized all available local resources. (c)The investigating officer or supervisor has determined that the person is missing under unexplained or suspicious circumstances. (d)The investigating officer or supervisor believes that the person is in danger because of age, health, mental or physical disability, environment or weather conditions, that the person is in the company of a potentially dangerous person, or that there are other factors indicating that the person may be in peril. (e)There is information available that, if disseminated to the public, could assist in the safe recovery of the missing person. 318.6.2 PROCEDURE FOR SILVER ALERT Requests for a Silver Alert shall be made through the California Highway Patrol (refer to the California Government Code). 318.7 MUTUAL AID The experiences of other law enforcement jurisdictions that have implemented similar plans indicate an AMBER Alert or Blue Alert will generate a high volume of telephone calls to the handling agency. The Sheriff’s Department Emergency Communications Bureau facilities and staff can be made available in the event of a high call volume. If the Watch Commander or Investigative Services Division Supervisor elects to use the services of the Sheriff’s Department, the following will apply: (a)Notify the Sheriff’s Department Watch Commander of the incident and the request for assistance. He/she will provide you with a telephone number for the public to call. (b)In the press release, direct the public to the telephone number provided by the Sheriff’s Department Watch Commander. (c)The Public Information Officer will continue to handle all press releases and media inquiries. Any press inquiries received by the Sheriff’s Department will be referred back to this department. Orange Police Department Orange PD Policy Manual Public Alerts Copyright Lexipol, LLC 2021/04/08, All Rights Reserved. Published with permission by Orange Police Department Public Alerts - 186 The Orange Police Department shall assign a minimum of two detectives/officers to respond to the Sheriff’s Department Emergency Communications Bureau to screen and relay information and any clues received from incoming calls. As circumstances dictate, more staff resources from the handling law enforcement agency may be necessary to assist the staff at the Emergency Communications Bureau. 318.8 ADDITIONAL ALERTS FOR PUBLIC SAFETY EMERGENCIES Additional public safety emergency alerts may be authorized that utilize wireless emergency alert system (WEA) and emergency alert system (EAS) equipment for alerting and warning the public to protect lives and save property (Government Code § 8593.7). 318.8.1 CRITERIA Public safety emergency alerts may be issued to alert or warn the public about events including but not limited to: (a)Evacuation orders (including evacuation routes, shelter information, key information). (b)Shelter-in-place guidance due to severe weather. (c)Terrorist threats. (d)HazMat incidents. 318.8.2 PROCEDURE Public safety emergency alerts should be activated by following the guidelines issued by the Office of Emergency Services (Government Code § 8593.7). Policy 319 Orange Police Department Orange PD Policy Manual Copyright Lexipol, LLC 2021/04/08, All Rights Reserved. Published with permission by Orange Police Department Victim and Witness Assistance - 187 Victim and Witness Assistance 319.1 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. 319.2 POLICY The Orange Police Department is committed to providing guidance and assistance to the victims and witnesses of crime. The employees of the Orange 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. 319.3 CRIME VICTIM LIAISON The Chief of Police shall appoint personnel of the Department to serve as the crime victim liaison (refer to the California Code of Regulations). The crime victim liaison will be the point of contact for individuals requiring further assistance or information from the Orange 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. 319.3.1 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 Orange Police Department jurisdiction (Penal Code § 680.2). Orange Police Department Orange PD Policy Manual Victim and Witness Assistance Copyright Lexipol, LLC 2021/04/08, All Rights Reserved. Published with permission by Orange Police Department Victim and Witness Assistance - 188 319.4 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. 319.4.1 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 (refer to the California Penal Code). 319.5 VICTIM INFORMATION The Administrative Services 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. Orange Police Department Orange PD Policy Manual Victim and Witness Assistance Copyright Lexipol, LLC 2021/04/08, All Rights Reserved. Published with permission by Orange Police Department Victim and Witness Assistance - 189 (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). 319.6 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 320 Orange Police Department Orange PD Policy Manual Copyright Lexipol, LLC 2021/04/08, All Rights Reserved. Published with permission by Orange Police Department Hate Crimes - 190 Hate Crimes 320.1 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. 320.2 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 Orange 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). 320.2.1 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. Orange Police Department Orange PD Policy Manual Hate Crimes Copyright Lexipol, LLC 2021/04/08, All Rights Reserved. Published with permission by Orange Police Department Hate Crimes - 191 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. 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 Orange Police Department Orange PD Policy Manual Hate Crimes Copyright Lexipol, LLC 2021/04/08, All Rights Reserved. Published with permission by Orange Police Department Hate Crimes - 192 the following: a community center, educational facility, family, individual, office, meeting hall, place of worship, private institution, public agency, library, or other entity, group, or person that has, or is identified with people who have, one or more of those characteristics listed in the definition of “hate crime” under paragraphs 1 to 6, inclusive, of Penal Code § 422.55(a). Note: A “hate crime” need not be motivated by hate but may be motivated by any bias against a protected characteristic. Hate incident - A hate incident is an action or behavior motivated by hate or bias but legally protected by the First Amendment right to freedom of expression. Examples of hate incidents include: •Name-calling •Insults and epithets •Distributing hate material in public places •Displaying hate material on your own property Hate speech - The First Amendment to the U.S. Constitution protects most speech, even when it is disagreeable, offensive, or hurtful. The following types of speech are generally not protected: •Fighting words •True threats •Perjury •Blackmail •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 Orange Police Department Orange PD Policy Manual Hate Crimes Copyright Lexipol, LLC 2021/04/08, All Rights Reserved. Published with permission by Orange Police Department Hate Crimes - 193 •Educational facility •Entity •Family •Group •Individual •Office •Meeting hall •Person •Place of worship •Private institution •Public agency •Library •Other victim or intended victim of the offense 320.3 PLANNING AND PREVENTION In order to facilitate the guidelines contained within this policy, department employees 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. 320.3.1 HATE CRIMES COORDINATOR (C.A.P. UNIT SERGEANT) A department employee appointed by the Chief of Police or the Crimes Against Persons Unit Sergeant 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 crimes or hate incidents affecting individuals, groups, or communities that may be victimized; and to predict future hate-based events. Orange Police Department Orange PD Policy Manual Hate Crimes Copyright Lexipol, LLC 2021/04/08, All Rights Reserved. Published with permission by Orange Police Department Hate Crimes - 194 (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 Crimes Against Persons Unit 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 Bureau 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 Bureau 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. 320.3.2 RELEASE OF INFORMATION Establishing a relationship with stakeholders, before any incident occurs, to develop a network and protocol for disclosure often assists greatly in any disclosure. The benefit of public disclosure of hate crime incidents includes: (a)Dissemination of correct information. Orange Police Department Orange PD Policy Manual Hate Crimes Copyright Lexipol, LLC 2021/04/08, All Rights Reserved. Published with permission by Orange Police Department Hate Crimes - 195 (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. 320.4 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. Orange Police Department Orange PD Policy Manual Hate Crimes Copyright Lexipol, LLC 2021/04/08, All Rights Reserved. Published with permission by Orange Police Department Hate Crimes - 196 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: Identity of suspected perpetrators. 1.Identity of suspected perpetrators. 2.Identity of witnesses, including those no longer at the scene. 3.Offer of victim confidentiality per Government Code § 5264. 4.Prior occurrences, in this area or with this victim. 5.Statements made by suspects; exact wording is critical. 6.Document the victim’s protected characteristics. (h)Provide victim assistance and follow-up. (i)Canvass the area for additional witnesses. (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. (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. Orange Police Department Orange PD Policy Manual Hate Crimes Copyright Lexipol, LLC 2021/04/08, All Rights Reserved. Published with permission by Orange Police Department Hate Crimes - 197 320.5 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). (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. Orange Police Department Orange PD Policy Manual Hate Crimes Copyright Lexipol, LLC 2021/04/08, All Rights Reserved. Published with permission by Orange Police Department Hate Crimes - 198 320.6 INVESTIGATIVE SERVICES DIVISION'S RESPONSIBILITY If a hate crime case is assigned to the Investigative Services Division, the assigned detective will be responsible for: (a) Coordinating further investigation with the District Attorney and other appropriate law enforcement agencies. (b) Maintaining contact with the victims and other individuals, as needed. (c) Maintaining statistical data and tracking on suspected hate crimes as indicated for required reporting to the Attorney General (refer to the California Penal Code). See the Records Bureau Policy. (d) Make reasonable efforts to identify additional witnesses. (e) Utilize available criminal intelligence systems as appropriate (see Criminal Organizations Policy). (f) Provide the supervisor and the Public Information Officer (PIO) with information that can be responsibly reported to the media. 1. When appropriate, the PIO should reiterate that the hate crime will not be tolerated and will be taken seriously. 320.7 RESPONSE, VICTIM ASSISTANCE, AND FOLLOW-UP 320.7.1 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. (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. Orange Police Department Orange PD Policy Manual Hate Crimes Copyright Lexipol, LLC 2021/04/08, All Rights Reserved. Published with permission by Orange Police Department Hate Crimes - 199 (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. 320.8 TRAINING All employees 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. Orange Police Department Orange PD Policy Manual Hate Crimes Copyright Lexipol, LLC 2021/04/08, All Rights Reserved. Published with permission by Orange Police Department Hate Crimes - 200 (c)Distribution of hate crime brochures. 320.9 APPENDIX See attachments: Statutes and Legal Requirements.pdf Hate Crime Checklist.pdf Policy 321 Orange Police Department Orange PD Policy Manual Copyright Lexipol, LLC 2021/04/08, All Rights Reserved. Published with permission by Orange Police Department Standards of Conduct - 201 Standards of Conduct 321.1 PURPOSE AND SCOPE This policy establishes standards of conduct that are consistent with the values and mission of the Orange Police Department and are expected of all department personnel. 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, personnel 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 an employee's supervisors. 321.2 POLICY The continued employment or appointment of every employee of the Orange 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. 321.2.1 DISCIPLINARY STANDARD (a)Any employee of the police department (including part-time employees and reserves) may be disciplined whenever the employee's job performance or job-related misconduct so warrants. (b)The "just cause" for such disciplinary action shall include, but is not limited to, incompetence, commission of a criminal offense, inefficiency, dishonesty, neglect of duty, misconduct, insubordination, conduct which tends to reflect unfavorably upon the employee, department, or city, or failure to observe departmental or city policies, procedures, rules, and/or regulations, except as provided in the California Government Code. The specific charge against an employee must be directly related to the employee's duties and, if off-duty, they must be related to an act or acts that materially may affect the employee's ability to perform the duties assigned or required or which are indicative of unfitness for his/her position. No sworn employee may be suspended, demoted, transferred for punitive reasons or dismissed from his/her position for an act or acts of misconduct unless such employee is "officially charged" with the misconduct within one year after the misconduct comes to the attention of the Chief of Police. 1.Officially Charged - For purposes of this section, means that point in time at the completion of all disciplinary procedures, when the appointing authority or his/ her designee, serves the employee with a statement of the sustained allegations of misconduct and the penalty, if applicable. 321.3 DIRECTIVES AND ORDERS Personnel 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. Orange Police Department Orange PD Policy Manual Standards of Conduct Copyright Lexipol, LLC 2021/04/08, All Rights Reserved. Published with permission by Orange Police Department Standards of Conduct - 202 321.3.1 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 employee 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 employee from criminal or civil prosecution or administrative discipline. If the legality of an order is in doubt, the affected employee 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 employee, who shall subsequently be required to justify the refusal. Unless it would jeopardize the safety of any individual, employees 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 employee is obliged to comply. Employees 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. The person countermanding the original order shall notify, in writing, the person issuing the original order, indicating the action taken and the reason. 321.3.2 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. 321.4 GENERAL STANDARDS Employees 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. Orange Police Department Orange PD Policy Manual Standards of Conduct Copyright Lexipol, LLC 2021/04/08, All Rights Reserved. Published with permission by Orange Police Department Standards of Conduct - 203 Employees shall familiarize themselves with policies and procedures and are responsible for compliance with each. Employees 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. 321.4.1 UNFAVORABLE SUPERVISOR LOGS On occasion, employees may receive Unfavorable Supervisor Logs for violation of department policy and/or procedures. Unfavorable Supervisor Logs shall not include language, which admonishes an employee that "further actions and/or in actions of this type may lead to further discipline up to, and including termination." The employee will be provided the original Supervisor Log that contains the entry of the Unfavorable Supervisor Log item. The employee shall read be given the opportunity to read and initial the log entry (also refer to the Personnel Records policy). Copies of the Unfavorable Supervisor Log will be provided to the employee and placed in the employee's Division File. The original Supervisor Log shall then be filed in the Supervisor Log Files under the name of the supervisor who authored it. Employees will be given the opportunity to write a rebuttal letter to the Unfavorable Supervisor Log within 30 days of receiving the document. The rebuttal letter from the employee shall be attached to the copy of the Unfavorable Supervisor Log maintained in the Division File. When a supervisor writes an evaluation for an employee, who has an Unfavorable Supervisor Log, the supervisor will not refer to the log item per se; but instead, will only discuss the information that was contained within the log item. At the time of completing the employee's evaluation, the supervisor may remove any Unfavorable Supervisor Logs (over one year old) from the Division File and return it to the employee. It will ultimately be the responsibility of the employee to ensure that Unfavorable Supervisor Logs, over one year old, are removed from Division, Department, and/or Personnel Files. 321.5 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: 321.5.1 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 City 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. Orange Police Department Orange PD Policy Manual Standards of Conduct Copyright Lexipol, LLC 2021/04/08, All Rights Reserved. Published with permission by Orange Police Department Standards of Conduct - 204 321.5.2 ETHICS (a)Using or disclosing one’s status as an employee of the Orange 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 employee 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 employee'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. 321.5.3 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. 321.5.4 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 employee 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 employee knows, or reasonably should know of such criminal activities, except as specifically directed and authorized by this department. Orange Police Department Orange PD Policy Manual Standards of Conduct Copyright Lexipol, LLC 2021/04/08, All Rights Reserved. Published with permission by Orange Police Department Standards of Conduct - 205 321.5.5 ATTENDANCE (a)Leaving the job to which the employee 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 place of assignment at time specified and fully prepared to perform duties without reasonable excuse. 321.5.6 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 employee’s position with this department. (a)Employees of this department shall not disclose the name, address or image of any victim of human trafficking except as authorized by law (refer to the California Penal Code). (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 Orange Police Department badge, uniform, identification card or 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. 321.5.7 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 24 hours of any change in residence address or contact numbers. Orange Police Department Orange PD Policy Manual Standards of Conduct Copyright Lexipol, LLC 2021/04/08, All Rights Reserved. Published with permission by Orange Police Department Standards of Conduct - 206 (f)Failure to notify the Human Resources and Employee Relations Department of changes in relevant personal information (e.g., information associated with benefits determination) in a timely fashion. 321.5.8 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 employees. (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 employees. (f)Unlawful gambling or unlawful betting at any time or any place. Legal gambling or betting under any of the following conditions: (a)While on department premises. (b)At any work site, while on-duty or while in uniform, or while using any department equipment or system. (c)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: (a)Unauthorized attendance while on-duty at official legislative or political sessions. (b)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 City policy, the memorandum of understanding, or the Chief of Police. (h)Engaging in political activities during assigned working hours except as expressly authorized by City policy, the memorandum of understanding, or the Chief of Police. (i)Any act on- or off-duty that brings discredit to this department. Orange Police Department Orange PD Policy Manual Standards of Conduct Copyright Lexipol, LLC 2021/04/08, All Rights Reserved. Published with permission by Orange Police Department Standards of Conduct - 207 321.5.9 CONDUCT (a)Failure of any employee to promptly and fully report activities on his/her part or the part of any other employee where such activities resulted in contact with any other law enforcement agency or that may result in criminal prosecution or discipline under this policy. (b)Unreasonable and unwarranted force to a person encountered or a person under arrest. (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 employee of this department or the City. (g)Use of obscene, indecent, profane or derogatory language while on-duty or in uniform. (h)Criminal, dishonest, or disgraceful conduct, whether on- or off-duty, that adversely affects the employee’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 an employee’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 employee knows or reasonably should know is unbecoming an employee of this department, is contrary to good order, efficiency or morale, or tends to reflect unfavorably upon this department or its employees. 321.5.10 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. Orange Police Department Orange PD Policy Manual Standards of Conduct Copyright Lexipol, LLC 2021/04/08, All Rights Reserved. Published with permission by Orange Police Department Standards of Conduct - 208 (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 employee’s appointing authority. (f)Unsafe or improper driving habits or actions in the course of employment or appointment. (g)Any personal action contributing to a preventable traffic collision. (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. 321.5.11 INTOXICANTS (a)Reporting for work or being at work while intoxicated or when the employee’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. An employee 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 322 Orange Police Department Orange PD Policy Manual Copyright Lexipol, LLC 2021/04/08, All Rights Reserved. Published with permission by Orange Police Department Information Technology Use - 209 Information Technology Use 322.1 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. 322.1.1 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 Orange Police Department that are provided for official use by its employees. 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. 322.2 POLICY It is the policy of the Orange Police Department that employees 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. 322.3 PRIVACY EXPECTATION Employees 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. Orange Police Department Orange PD Policy Manual Information Technology Use Copyright Lexipol, LLC 2021/04/08, All Rights Reserved. Published with permission by Orange Police Department Information Technology Use - 210 The Department shall not require an employee 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). 322.3.1 NO EXPECTATION OF CONFIDENTIALITY OR PRIVACY (a)Employees who use electronic systems and/or communication devices provided by the city are not guaranteed privacy. Access to the system or to an employee's data or files will allow the viewing of all stored contents of all files and messages, regardless of an indication as to their confidentiality. This does not apply to data, files or messages subject to the attorney/client privilege or other statutory privileges the city may assert. (b)In the course of maintaining the technical operation of the system, the system administrator may view internally stored data, which would expose the contents or portions of data, files and messages in the system. (c)Employees should delete items not necessary for the ordinary course of city business on a daily basis. Employees should be aware that due to technical aspects of the city's electronic system, the system administrator can retrieve electronic data even though the employee and/or the receiver have deleted it. (d)Employees should be aware that the use of individual passwords for access to personal computers does not guarantee confidentiality or privacy of data. The system administrator has the ability to override passwords and to access data and information from any of the city's systems. 322.4 RESTRICTED USE Employees shall not access computers, devices, software or systems for which they have not received prior authorization or the required training. Employees shall immediately report unauthorized access or use of computers, devices, software or systems by another employee to their supervisors or Watch Commanders. Employees 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. 322.4.1 SOFTWARE Employees 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, employees shall not install any unlicensed or unauthorized software on any department computer. Employees shall not install personal copies of any software onto any department computer. Orange Police Department Orange PD Policy Manual Information Technology Use Copyright Lexipol, LLC 2021/04/08, All Rights Reserved. Published with permission by Orange Police Department Information Technology Use - 211 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 employee 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 employees should only occur as part of the automated maintenance or update process of department- or City-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. 322.4.2 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 employees 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. 322.4.3 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 an employee’s assignment. Downloaded information shall be limited to messages, mail and data files. 322.5 PROTECTION OF AGENCY SYSTEMS AND FILES All employees 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. Employees 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 Orange Police Department Orange PD Policy Manual Information Technology Use Copyright Lexipol, LLC 2021/04/08, All Rights Reserved. Published with permission by Orange Police Department Information Technology Use - 212 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 an employee to allow an unauthorized user to access the computer system at any time or for any reason. Employees shall promptly report any unauthorized access to the computer system or suspected intrusion from outside sources (including the Internet) to a supervisor. 322.6 INSPECTION OR REVIEW A supervisor or the authorized designee has the express authority to inspect or review the computer system, all temporary or permanent files, related electronic systems or devices, and any 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 employees or a employee’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. 322.7 PROCUREMENT OF ELECTRONIC HARDWARE AND SOFTWARE All computer hardware, software, cabling or related automation acquisitions are to be in conformance with city standards, prepared as required and reviewed by the system administrator. 322.8 NETWORK AND SYSTEM ACCESS The police department shall complete and submit a Network Access form approved by the Chief of Police to Personnel Services for the creation of employee network and system access. Likewise, the Personnel and Training Bureau shall complete and submit a Network Access form approved by the Chief of Police to the Personnel Department to remove network and/or system access, as required. 322.8.1 REMOTE ACCESS Remote access to city systems must be in accordance with the city's Virtual Private Network Policy (VPN), which is managed by the City's Computer Services Department. Employees and authorized third parties must read and sign the VPN Policy along with completing the VPN Access Request form. Both the policy and the form require the signature of the employee's division commander and must then be returned to the Computer Services Department. For a copy of the Virtual Private Network Policy and VPN Access Request form, please contact Computer Services. Policy 323 Orange Police Department Orange PD Policy Manual Copyright Lexipol, LLC 2021/04/08, All Rights Reserved. Published with permission by Orange Police Department Report Preparation - 213 Report Preparation 323.1 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. 323.1.1 REPORT PREPARATION Employees should ensure that reports are sufficiently detailed for their purpose and free from errors prior to submission. It is the responsibility of the assigned employee to complete and submit all reports taken during the shift before going off-duty unless permission to hold the report has been approved by a supervisor. Generally, reports requiring prompt follow-up action on active leads, or arrest reports where the suspect remains in custody should not be held. Handwritten reports must be prepared legibly. If the report is not legible, the submitting employee will be required by the reviewing supervisor to promptly make corrections and resubmit the report. Employees who dictate reports shall use appropriate grammar, as content is not the responsibility of the typist. Employees who generate reports on computers are subject to all requirements of this policy. All reports shall accurately reflect the identity of the persons involved, all pertinent information seen, heard or assimilated by any other sense, and any actions taken. Employees shall not suppress, conceal or distort the facts of any reported incident, nor shall any employee make a false report orally or in writing. Generally, the reporting employee’s opinions should not be included in reports unless specifically identified as such. 323.2 REQUIRED REPORTING Written reports are required in all of the following situations on the appropriate department approved form unless otherwise approved by a supervisor. 323.2.1 CRIMINAL ACTIVITY When an employee 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 employee 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 Orange Police Department Orange PD Policy Manual Report Preparation Copyright Lexipol, LLC 2021/04/08, All Rights Reserved. Published with permission by Orange Police Department Report Preparation - 214 3.Child Abuse Policy 4.Adult Abuse 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, CAD Report). 323.2.2 NON-CRIMINAL ACTIVITY The following incidents shall be documented using the appropriate approved report: (a)Any use of force against any person by an employee of this department (see the Use of Force Policy) (b)Any firearm discharge (see the Firearms Policy) (c)Anytime a person is reported missing, regardless of jurisdiction (see the Missing Persons Policy) (d)Any found property or found evidence (e)Any traffic collisions above the minimum reporting level (see Traffic Collision Reporting Policy) (f)Suspicious incidents that may indicate a potential for crimes against children or that a child’s safety is in jeopardy (g)All protective custody detentions (h)Suspicious incidents that may place the public or others at risk (i)Whenever the employee believes the circumstances should be documented or at the direction of a supervisor 323.2.3 DEATH CASES Death investigations require specific investigation methods depending on circumstances and should be handled in accordance with the Death Investigations Policy. The handling 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. Orange Police Department Orange PD Policy Manual Report Preparation Copyright Lexipol, LLC 2021/04/08, All Rights Reserved. Published with permission by Orange Police Department Report Preparation - 215 (d)Unattended deaths (No physician or qualified hospice care in the 20 days preceding death). (e)Found dead bodies or body parts. 323.2.4 INJURY OR DAMAGE BY CITY PERSONNEL If Orange Police Department personnel are requested by other city department personnel to take a report, then a supervisor shall be notified and deteremine if a report is necessary. 323.2.5 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. 323.2.6 MANDATORY REPORTING OF JUVENILE GUNSHOT INJURIES A report shall be taken when any incident in which a child 18 years or younger suffered an unintentional or self-inflicted gunshot wound. The Records Bureau shall notify the California Department of Public Health (CDPH) of the incident, on a form provided by the state. Forms may be obtained from the CDPH website (refer to the California Penal Code). 323.2.7 ALTERNATE REPORTING FOR VICTIMS Reports that may be submitted by the public via online or other self-completed reporting processes as available to 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)Annoying telephone calls with no suspect information. Orange Police Department Orange PD Policy Manual Report Preparation Copyright Lexipol, LLC 2021/04/08, All Rights Reserved. Published with permission by Orange Police Department Report Preparation - 216 (f)Identity theft without an identifiable suspect. (g)Hit-and-run vehicle collisions with no suspect or suspect vehicle. (h)Personnel 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. Personnel may refer victims to online victim assistance programs (e.g., Federal Communications Commission (FCC) website for identity theft, Internet Crime Complaint Center (IC3) website for computer crimes). 323.3 GENERAL POLICY OF EXPEDITIOUS REPORTING In general, all 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. 323.4 REPORT CORRECTIONS Supervisors shall review reports for content and accuracy. If a correction is necessary, the reviewing supervisor should return the report 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. 323.5 ALLOWING EMPLOYEES TO HOLD REPORTS FOR COMPLETION AT A LATER TIME Only a supervisor can authorize someone to hold a report until the following day, and/or until their next shift. Supervisors should consider the following guidelines: (a)Incidents that involve death, significant injuries, missing children or at risk adults, large property loss, and issues that are of importance to the public, city government or the police department should not be held over, (b)Reports of higher importance and/or sensitivity should be completed in a timely manner to assist with follow-up investigations, (c)Adult in-custody Arrest Reports must be processed by the Records Bureau and submitted to the Court Liaison Officer prior to the 72-hour Arraignment Hearing, (d)In-custody juvenile arrest reports must be processed and submitted to Juvenile Hall within 24 hours of the arrest, (e)The complexity of the incident and whether it will be more effective for the employee to write the report sooner rather than later, (f)The number of hours the employee has been at work and their next scheduled shift, (g)Whether the employee will be taking extended leave before their next shift, their work history for completing reports in a timely manner and/or their history of unscheduled absences. Orange Police Department Orange PD Policy Manual Report Preparation Copyright Lexipol, LLC 2021/04/08, All Rights Reserved. Published with permission by Orange Police Department Report Preparation - 217 Ultimately, it is the discretion of the supervisor, considering any or all of the above guidelines, as to whether a report is allowed to be held for completion. Employees are required to complete reports whenever a supervisor desires it to be done. It is not necessary for the supervisor to inform the employee exactly which, if any, of the above criteria was considered when not allowing the report to be held for completion. If a report is allowed to be held, the supervisor should ensure that the employee is aware of exactly when the report shall be completed. Policy 324 Orange Police Department Orange PD Policy Manual Copyright Lexipol, LLC 2021/04/08, All Rights Reserved. Published with permission by Orange Police Department Media Relations - 218 Media Relations 324.1 PURPOSE AND SCOPE This policy provides guidelines for media releases and media access to scenes of disasters, criminal investigations, emergencies and other law enforcement activities. 324.2 RESPONSIBILITIES The ultimate authority and responsibility for the release of information to the media shall remain with the 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, Division Commanders, 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. 324.2.1 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. 324.3 MEDIA ACCESS Authorized members of the media shall be provided access to scenes of disasters, criminal investigations, emergencies and other law enforcement activities subject to the following conditions (refer to the California Penal Code): (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 be coordinated through the department Public Information Officer or other designated spokesperson. Orange Police Department Orange PD Policy Manual Media Relations Copyright Lexipol, LLC 2021/04/08, All Rights Reserved. Published with permission by Orange Police Department Media Relations - 219 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 (refer to the Code of Federal of Regulations). (c)No personnel of this department who is under investigation shall be subjected to media visits or interviews without the consent of the involved employee (refer to the California Government Code). (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. 324.3.1 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. 324.4 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 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 Orange Police Department Orange PD Policy Manual Media Relations Copyright Lexipol, LLC 2021/04/08, All Rights Reserved. Published with permission by Orange Police Department Media Relations - 220 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 (refer to the California Welfare and Institutions Code). 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 (refer to the California Government Code). 324.4.1 RESTRICTED INFORMATION It shall be the responsibility of the authorized employee dealing with media requests to ensure that restricted information is not inappropriately released to the media by this department. When in doubt, authorized and available legal counsel should be obtained. Policy 325 Orange Police Department Orange PD Policy Manual Copyright Lexipol, LLC 2021/04/08, All Rights Reserved. Published with permission by Orange Police Department Subpoenas and Court Appearances - 221 Subpoenas and Court Appearances 325.1 PURPOSE AND SCOPE This policy establishes the guidelines for department personnel who must appear in court. It will allow the Orange Police Department to cover any related work absences and keep the Department informed about relevant legal matters. 325.2 POLICY Orange Police Department members will respond appropriately to all subpoenas and any other court-ordered appearances. 325.3 SUBPOENAS Only department personnel authorized to receive a subpoena on behalf of this department or any of its employees 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 departmental agent (refer to the California Government Code and California Penal Code). 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 (refer to the California Government Code). An immediate supervisor or authorized individual may refuse to accept service for a criminal subpoena if (refer to the California Penal Code): (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 (refer to the California Penal Code). 325.3.1 SPECIAL NOTIFICATION REQUIREMENTS Any employee who is subpoenaed to testify, agrees to testify or provides information on behalf of or at the request of any party other than the City Attorney or the prosecutor shall notify his/her immediate supervisor without delay regarding: (a)Any civil case where the City or one of its employees, as a result of his/her official capacity, is a party. (b)Any civil case where any other city, county, state or federal unit of government or an employee of any such unit of government, as a result of his/her official capacity, is a party. Orange Police Department Orange PD Policy Manual Subpoenas and Court Appearances Copyright Lexipol, LLC 2021/04/08, All Rights Reserved. Published with permission by Orange Police Department Subpoenas and Court Appearances - 222 (c)Any criminal proceeding where the employee is called to testify or provide information on behalf of the defense. (d)Any civil action stemming from the employee’s on-duty activity or because of his/her association with the Orange Police Department. (e)Any personal or disciplinary matter when called to testify or to provide information by a government entity other than the Orange Police Department. The supervisor will then notify the Chief of Police and the appropriate prosecuting attorney as may be indicated by the case. The Chief of Police should determine if additional legal support is necessary. No employee shall be retaliated against for testifying in any matter. 325.3.2 CIVIL SUBPOENA The Department will compensate personnel 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 employee’s compensation through the civil attorney of record who subpoenaed the employee. 325.3.3 OFF-DUTY RELATED SUBPOENAS Personnel 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. 325.4 FAILURE TO APPEAR Any employee who fails to comply with the terms of any properly served subpoena or court-ordered appearance may be subject to discipline. This includes properly served orders to appear that were issued by a state administrative agency. 325.4.1 COURT OVERTIME FORM (OPD FORM O-5) (a)Each employee has the responsibility to complete the overtime form indicating if an actual court appearance was made or "on-call" status only. The completed form is then submitted to a supervisor on or before the first regular workday following "on- call" or the court appearance. (b)Front side - required entries by employee: 1.Name, 2.Method of payment (paid or accumulated), 3.Hours worked, (a)Enter the time arrived at court and time excused from court, plus 30 minute travel time. Orange Police Department Orange PD Policy Manual Subpoenas and Court Appearances Copyright Lexipol, LLC 2021/04/08, All Rights Reserved. Published with permission by Orange Police Department Subpoenas and Court Appearances - 223 (b)Court designated meals and break periods are compensated. 4.Indicate unit and/or division assignment, 5.Under "activity" mark "court." (c)Reverse side - required entries by employees: (a)Court "on-call," (a)Enter the location of the court (b)Enter the DR/citation number (c)Enter the defendant's name (b)Court. (a)Enter the DR/citation number (b)Enter the defendant's name (c)Enter the disposition of the case, if known (d)Check either "Testified" or "Did Not Testify" (d)Supervisor's Responsibilities: 1.Review the overtime slip for accuracy and completeness, 2.Enter signature in "Authorized By" space and forwards the form to the appropriate lieutenant for their review and signature. (e)Subpoena clerk's Responsibilities: 1.Review the overtime slip for accuracy and completeness, (a)If there is an inaccuracy on the overtime slip, return it to the lieutenant who approved the request, along with an explanation of the inaccuracy. 2.If there are no inaccuracies, initial the overtime slip and send it to the time keeper for processing. 325.5 STANDBY To facilitate standby agreements, employees are required to provide and maintain current information on their addresses and contact telephone numbers with the Department. If an employee on standby changes his/her location during the day, the employee shall notify the designated department member of how he/she can be reached. Employees are required to remain on standby until released by the court or the party that issued the subpoena. 325.6 COURTROOM PROTOCOL When appearing in court, personnel shall: Orange Police Department Orange PD Policy Manual Subpoenas and Court Appearances Copyright Lexipol, LLC 2021/04/08, All Rights Reserved. Published with permission by Orange Police Department Subpoenas and Court Appearances - 224 (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. 325.6.1 TESTIMONY Before the date of testifying, the subpoenaed personnel shall request a copy of relevant reports and become familiar with the content in order to be prepared for court. 325.7 OVERTIME APPEARANCES When an employee 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. Policy 326 Orange Police Department Orange PD Policy Manual Copyright Lexipol, LLC 2021/04/08, All Rights Reserved. Published with permission by Orange Police Department Reserve Officers - 225 Reserve Officers 326.1 PURPOSE AND SCOPE The Orange 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. 326.1.1 RESERVE POLICE OFFICER STATUS SUMMARY (a)Level I Reserve Police Officer 1.Per the California Penal Code (a)Authority: 24 hours, or only for the duration of the person's specific shift (b)Assignment: General law enforcement (c)Supervision: Same as a regular police officer (d)Training: Must complete; Regular Basic Academy (664 hours), Field Training Program (400 hours), and Continuous Professional Training of 24 hours every two years (b)Level II Reserve Police Officer (a)Per the California Penal Code (a)Authority: Only for the duration of the person's specific assignment (b)Assignment: General law enforcement with limited support duties, which may include work assignments authorized for Level III reserve officers (c)Supervision: Immediate supervision by a police officer or Level I reserve officer, who has completed the POST Regular Basic Course. Work assignments authorized for Level III reserve officers may be completed without immediate supervision (d)Training: Level III and Level II Modules (386 hours), and Continuous Professional Training of 24 hours every two years (c)Level III Reserve Police Officer 1.Per the California Penal Code (a)Authority: Only for the duration of the person's assigned shift (b)Assignment: Limited support duties, which includes traffic control, security at parades and sporting events, report writing, evidence transportation, parking enforcement and other duties that are not likely to result in physical arrests. May transport prisoners without immediate supervision (c)Supervision: Supervised in the accessible vicinity by a Level I reserve officer, or a full-time regular officer employed by a law enforcement agency authorized to have reserve officers Orange Police Department Orange PD Policy Manual Reserve Officers Copyright Lexipol, LLC 2021/04/08, All Rights Reserved. Published with permission by Orange Police Department Reserve Officers - 226 (d)Training: Level III Module (162 hours). 326.2 SELECTION AND APPOINTMENT OF POLICE RESERVE OFFICERS The Orange 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. 326.2.1 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. 326.2.2 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. 326.2.3 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. 326.2.4 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 Human Resources and Employee Relations Department prior to an employee serving in a reserve or volunteer capacity (refer to the Code of Federal Regulations). 326.3 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 Field Services Division. 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. Orange Police Department Orange PD Policy Manual Reserve Officers Copyright Lexipol, LLC 2021/04/08, All Rights Reserved. Published with permission by Orange Police Department Reserve Officers - 227 326.3.1 POLICY COMPLIANCE Police reserve officers shall be required to adhere to all departmental 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. 326.3.2 RESERVE OFFICER ASSIGNMENTS All reserve officers will be assigned to duties by the Reserve Coordinator or his/her designee. 326.3.3 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 326.4 FIELD TRAINING The California Penal Code 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. 326.4.1 TRAINING OFFICERS Officers of this department, who demonstrate a desire and ability to train reserve officers, may train reserve officers subject to approval of the reserve coordinator. 326.4.2 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 personnel of the Field Training Officer (FTO) program. 326.4.3 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 Orange Police Department. The reserve officer shall become Orange Police Department Orange PD Policy Manual Reserve Officers Copyright Lexipol, LLC 2021/04/08, All Rights Reserved. Published with permission by Orange Police Department Reserve Officers - 228 knowledgeable of the subject matter as outlined. He/she shall also become proficient with those skills as set forth in the manual. 326.4.4 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. 326.4.5 SECONDARY TRAINING PHASE The Secondary Training Phase (Phase II) shall consist of a minimum of 100 hours of additional on-duty training. The reserve officer shall only ride with their assigned FTO, unless authorized otherwise by the reserve coordinator. 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. 326.4.6 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. 326.4.7 COMPLETION OF THE FORMAL TRAINING PROCESS When a reserve officer has satisfactorily completed all three phases of formal training, he/she will no longer be required to ride with a reserve training officer. 326.5 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 (refer to the California Penal Code). 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 Division Commander. Orange Police Department Orange PD Policy Manual Reserve Officers Copyright Lexipol, LLC 2021/04/08, All Rights Reserved. Published with permission by Orange Police Department Reserve Officers - 229 326.5.1 SPECIAL AUTHORIZATION REQUIREMENTS Reserve officers certified as Level I may, with prior authorization of the reserve coordinator and on approval of the division commander, be relieved of the "immediate supervision" requirement. Level I reserve officers may function under the authority of the California Penal Code only for the duration of the assignment or purpose for which the authorization was granted. In the absence of the reserve coordinator and the division commander, the watch commander may assign a certified Level I reserve officer to function under the authority of the California Penal Code for specific purposes and duration. 326.5.2 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. 326.5.3 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. 326.5.4 UNIFORM Reserve officers shall conform to all uniform regulation and appearance standards of this department. 326.5.5 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 Field Services Division Commander. Reserve officers are considered at-will employees. The California Government Code 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. 326.5.6 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. Orange Police Department Orange PD Policy Manual Reserve Officers Copyright Lexipol, LLC 2021/04/08, All Rights Reserved. Published with permission by Orange Police Department Reserve Officers - 230 326.6 FIREARMS REQUIREMENTS The California Penal Code 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 the California Penal Code. 326.6.1 CARRYING WEAPON ON DUTY The California Penal Code 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. 326.6.2 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 departmental standards. The weapon must be registered by the reserve officer and be inspected and certified as fit for service by a departmental 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 Orange Police Department. 326.6.3 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: (a)All reserve officers are required to qualify quarterly (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 Orange Police Department Orange PD Policy Manual Reserve Officers Copyright Lexipol, LLC 2021/04/08, All Rights Reserved. Published with permission by Orange Police Department Reserve Officers - 231 (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 (d)Complete Advanced Officer Training (AOT) 326.7 EMERGENCY CALL-OUT FOR RESERVE PERSONNEL The reserve coordinator or designee shall develop a plan outlining an emergency call-out procedure for reserve personnel. Policy 327 Orange Police Department Orange PD Policy Manual Copyright Lexipol, LLC 2021/04/08, All Rights Reserved. Published with permission by Orange Police Department Outside Agency Assistance - 232 Outside Agency Assistance 327.1 PURPOSE AND SCOPE The purpose of this policy is to provide guidance to personnel when requesting or responding to a request for mutual aid or when assisting another law enforcement agency. 327.1.1 ORANGE COUNTY CHIEFS OF POLICE AND SHERIFF'S ASSOCIATION OPERATIONAL AND PROCEDURAL PROTOCOL MANUAL Whenever an officer or supervisor contemplates requesting the assistance of an outside agency, they should consult with the Operational and Procedural Protocol Manual, which was developed by the Orange County Chiefs of Police and Sheriff's Association. A copy of this manual is available in the Watch Commanders' Office. (a)Operational and Procedural Protocol Manual § 102, refers to the Inter-city Police Assistance Plan and includes such subjects as Code Alex, Code Charlie, 999 and the Cost of Inter-city Assistance. (b)Operational and Procedural Protocol Manual § 122, discusses the Master Mutual Aid Plan for Orange County. 327.1.2 INTER-CITY POLICE ASSISTANCE PLAN Requests under this plan shall be made by the watch commander, or their designee. The initiating jurisdiction's highest ranking officer present at the scene shall be responsible for deployment of the assisting agencies' responding personnel. The use of trainees, academy recruits, or non-sworn personnel during any response under this plan shall be approved by a division commander or Chief of Police from the agency supplying such personnel. 327.2 HELICOPTER ASSISTANCE 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 such a request. 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. (a)The Anaheim Police Department, Huntington Beach Police Department, Orange County Sheriff's Department and the California Highway Patrol maintain helicopter units. 327.2.1 CIRCUMSTANCES WHEN HELICOPTER ASSISTANCE MAY BE REQUESTED Police helicopters may be requested under any of the following conditions: (a)When a helicopter is activated under existing mutual aid agreements, (b)Whenever the safety of law enforcement personnel and/or the public is in jeopardy and the presence of a helicopter may reduce such danger, (c)When the use of a helicopter will aid in the capture of a suspected fleeing felon whose continued freedom represents an ongoing threat to the community, Orange Police Department Orange PD Policy Manual Outside Agency Assistance Copyright Lexipol, LLC 2021/04/08, All Rights Reserved. Published with permission by Orange Police Department Outside Agency Assistance - 233 (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 risk, (e)Vehicle pursuits. 327.2.2 PROTOCOL FOR REQUESTING POLICE HELICOPTER ASSISTANCE (a)"Routine" requests for helicopter assistance, other than the emergency mutual aid situations outlined in the policy manual, should be directed via dispatch to the Anaheim Police Department, Huntington Beach Police Department, Orange County Sheriff's Department or the California Highway Patrol. (b)The approval of a field supervisor or watch commander is required for "routine" requests. 327.2.3 DISPATCHERS' RESPONSIBILITIES WHEN REQUESTING HELICOPTER ASSISTANCE (a)In situations that there is an immediate risk to life or public safety, the dispatcher shall utilize the services of the first available helicopter. Those situations as listed in the policy manual. (b)Dispatch will apprise the helicopter's agency of the specific details of the incident prompting the request. 327.2.4 PREPLANNED HELICOPTER ASSISTANCE There are times when the use of a helicopter is planned in advance of an operation, such as a long surveillance, or service of a high-risk search warrant. In these instances, the respective Division Commander, or their designee, shall be apprised and give approval prior to the request being made for helicopter assistance. 327.3 POLICY It is the policy of the Orange 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. 327.4 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. Personnel are reminded that their actions when rendering assistance must conform with applicable laws and be consistent with the policies of this department. Orange Police Department Orange PD Policy Manual Outside Agency Assistance Copyright Lexipol, LLC 2021/04/08, All Rights Reserved. Published with permission by Orange Police Department Outside Agency Assistance - 234 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 officer unless otherwise directed by a supervisor. 327.4.1 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 Orange Police Department shall notify his/her supervisor or the Watch Commander and the Communications Center as soon as practicable. This requirement does not apply to special enforcement details or multi-agency units that regularly work in multiple jurisdictions. 327.5 REQUESTING OUTSIDE ASSISTANCE If assistance is needed from another agency, the officer requesting assistance should, if practicable, first notify a supervisor. The handling officer or supervisor should direct assisting personnel to where they are needed and to whom they should report when they arrive. The requesting officer should arrange for appropriate radio communication capabilities, if necessary and available, so that communication can be coordinated between assisting personnel. 327.6 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. 327.7 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 Administrative Services Division Commander or the authorized designee. The documentation should include: (a)The conditions relative to sharing. (b)The training requirements for: (a)The use of the supplies and equipment. (b)The personnel trained in the use of the supplies and equipment. (c)Any other requirements for use of the equipment and supplies. Orange Police Department Orange PD Policy Manual Outside Agency Assistance Copyright Lexipol, LLC 2021/04/08, All Rights Reserved. Published with permission by Orange Police Department Outside Agency Assistance - 235 Copies of the documentation should be provided to the Communications Center and the Watch Commander to ensure use of the equipment and supplies is in compliance with the applicable sharing agreements. The Training Bureau Sergeant should maintain documentation that the appropriate employees have received the required training. Policy 328 Orange Police Department Orange PD Policy Manual Copyright Lexipol, LLC 2021/04/08, All Rights Reserved. Published with permission by Orange Police Department Registered Offender Information - 236 Registered Offender Information 328.1 PURPOSE AND SCOPE This policy establishes guidelines by which the Orange 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. 328.2 POLICY It is the policy of the Orange 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. 328.3 REGISTRATION The Investigative Services Division 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 (refer to the California Health and Safety Code and California Penal Code). The refusal of a registrant to provide any of the required information or complete the process should initiate a criminal investigation for failure to register. 328.3.1 CONTENTS OF REGISTRATION The information collected from the registering offenders shall include a signed statement as required by the California DOJ, fingerprints and a photograph and any other information required by applicable law (refer to the California Health and Safety Code and California Penal Code). 328.4 MONITORING OF REGISTERED OFFENDERS The Investigative Services Division 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. Any discrepancies should be reported to the California DOJ. Orange Police Department Orange PD Policy Manual Registered Offender Information Copyright Lexipol, LLC 2021/04/08, All Rights Reserved. Published with permission by Orange Police Department Registered Offender Information - 237 The Investigative Services Division supervisor should also establish a procedure to routinely disseminate information regarding registered offenders to Orange Police Department personnel, including timely updates regarding new or relocated registrants. 328.5 DISSEMINATION OF PUBLIC INFORMATION Employees will not unilaterally make a public notification advising the community of a particular registrant’s presence in the community. Employees 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 Orange Police Department’s website. Information on sex registrants placed on the Orange Police Department’s website shall comply with the requirements of the California Penal Code. The Records Manager may release local registered offender information to residents only in accordance with applicable law (refer to the California Penal Code and California Health and Safety Code), and in compliance with a California Public Records Act (refer to the California Government Code) request. 328.5.1 LIMITED RELEASE WITHIN COLLEGE CAMPUS COMMUNITY California law allows the following additional information regarding a registered sex offender on campus, whose information is not available to the public via the internet website, to be released to a campus community (refer to the California Penal Code): (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 the California Penal Code (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 the California Penal Code. Orange Police Department Orange PD Policy Manual Registered Offender Information Copyright Lexipol, LLC 2021/04/08, All Rights Reserved. Published with permission by Orange Police Department Registered Offender Information - 238 328.5.2 RELEASE NOTIFICATIONS Registrant information that is released should include notification that: (a)The offender registry includes only those persons who have been required by law to register and who are in compliance with the offender registration laws. (b)The information is provided as a public service and may not be current or accurate. (c)Persons should not rely solely on the offender registry as a safeguard against offenses in their communities. (d)The crime for which a person is convicted may not accurately reflect the level of risk. (e)Anyone who uses information contained in the registry to harass registrants or commit any crime may be subject to criminal prosecution. (f)The purpose of the release of information is to allow members of the public to protect themselves and their children from sex offenders (refer to the California Penal Code). Policy 329 Orange Police Department Orange PD Policy Manual Copyright Lexipol, LLC 2021/04/08, All Rights Reserved. Published with permission by Orange Police Department Major Incident Notification - 239 Major Incident Notification 329.1 PURPOSE AND SCOPE The purpose of this policy is to provide guidance to personnel of this department in determining when, how and to whom notification of major incidents should be made. 329.2 POLICY The Orange 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. 329.3 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 Division Commander. The following list of incident types is provided as a guide for notification and is not intended to be all inclusive: •Homicides •Traffic accidents with fatalities •Officer-involved shooting - on or off duty (see Officer-Involved Shootings and Deaths Investigation Policy for special notifications) •Significant injury or death to employee - on or off duty •Death of a prominent Orange official •Arrest of a department employee or prominent Orange official •Aircraft crash with major damage and/or injury or death •In-custody deaths 329.4 WATCH COMMANDER RESPONSIBILITY The Watch Commander is responsible for making the appropriate notifications. The Watch Commander shall make reasonable attempts to obtain as much information on the incident as possible before notification. The Watch Commander shall attempt to make the notifications as soon as practicable. 329.4.1 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 Division Commander and the Detective Lieutenant if that division is affected. 329.4.2 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. Orange Police Department Orange PD Policy Manual Major Incident Notification Copyright Lexipol, LLC 2021/04/08, All Rights Reserved. Published with permission by Orange Police Department Major Incident Notification - 240 329.4.3 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. 329.4.4 PRESS INFORMATION OFFICER (PIO) The Public Information Officer shall be called after members of the Command Staff have been notified that it appears the media may have a significant interest in the incident. Policy 330 Orange Police Department Orange PD Policy Manual Copyright Lexipol, LLC 2021/04/08, All Rights Reserved. Published with permission by Orange Police Department Death Investigation - 241 Death Investigation 330.1 PURPOSE AND SCOPE The investigations of cases involving death include those ranging from natural cause to homicide. Some causes of death may not be readily apparent and some cases differ substantially from what they appeared to be initially. The thoroughness of death investigations cannot be emphasized enough. 330.2 INVESTIGATION CONSIDERATIONS Death investigation cases require certain actions be taken. 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. 330.2.1 CORONER REQUEST The California Government Code and the California Health & Safety Code 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 the California Health and Safety Code 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). (l)Occupational diseases or occupational hazards. (m)Known or suspected contagious disease and constituting a public hazard. Orange Police Department Orange PD Policy Manual Death Investigation Copyright Lexipol, LLC 2021/04/08, All Rights Reserved. Published with permission by Orange Police Department Death Investigation - 242 (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. 330.2.2 SEARCHING DEAD BODIES The Coroner or Deputy Coroner is generally the only person permitted to search a body known to be dead from any of the circumstances set forth in the California Government Code. 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 (refer the California Government Code). 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 (refer to the California Government Code). 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. 330.2.3 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. 330.2.4 UNIDENTIFIED DEAD BODIES If the identity of a dead body cannot be established after the Coroner arrives, the Coroner’s office will issue a “John Doe" or "Jane Doe” number for the report. 330.2.5 DEATH INVESTIGATION REPORTING All incidents involving a death shall be documented on the appropriate form. Orange Police Department Orange PD Policy Manual Death Investigation Copyright Lexipol, LLC 2021/04/08, All Rights Reserved. Published with permission by Orange Police Department Death Investigation - 243 330.2.6 SUSPECTED HOMICIDE If the initially assigned officer suspects that the death involves a homicide or other suspicious circumstances, the Investigative Services Division shall be notified to determine the possible need for a detective to respond to the scene for further investigation. 330.2.7 EMPLOYMENT RELATED DEATHS OR INJURIES Any officer 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 (refer to the California Code of Regulations). Policy 331 Orange Police Department Orange PD Policy Manual Copyright Lexipol, LLC 2021/04/08, All Rights Reserved. Published with permission by Orange Police Department Identity Theft - 244 Identity Theft 331.1 PURPOSE AND SCOPE Identity theft is a growing trend that frequently involves related crimes in multiple jurisdictions. This policy is intended to provide guidelines for the reporting and investigation of such crimes. 331.2 REPORTING (a)In an effort to maintain uniformity in reporting, officers presented with the crime of identity theft (refer to the California Penal Code) 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 (refer to the California Penal Code). Information regarding the California Identity Theft Registry can be obtained by calling toll free (888) 880-0240. (f)Following supervisory review and departmental processing, the initial report should be forwarded to the appropriate detective for follow up investigation, coordination with other agencies and prosecution as circumstances dictate. Policy 332 Orange Police Department Orange PD Policy Manual Copyright Lexipol, LLC 2021/04/08, All Rights Reserved. Published with permission by Orange Police Department Private Persons Arrests - 245 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 the California Penal Code. 332.2 ADVISING PRIVATE PERSONS OF THE ARREST PROCESS The California Penal Code 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 The California Penal Code 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 (refer to the California Penal Code). (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. 1.Any officer who determines that a private person's arrest appears to be unlawful should promptly release the arrested individual pursuant to the California Penal Orange Police Department Orange PD Policy Manual Private Persons Arrests Copyright Lexipol, LLC 2021/04/08, All Rights Reserved. Published with permission by Orange Police Department Private Persons Arrests - 246 Code. 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 the California Penal Code. 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 Statement of Private Person's (Citizen's) Arrest form under penalty of perjury. In addition to the Statement of Private Person's (Citizen'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. Policy 333 Orange Police Department Orange PD Policy Manual Copyright Lexipol, LLC 2021/04/08, All Rights Reserved. Published with permission by Orange Police Department Anti-Reproductive Rights Crimes Reporting - 247 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 (refer to the California Penal Code). 333.2 DEFINITIONS The current California Penal Code 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 Records Bureau in processing 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 records manager and Investigative Services Division Commander. (c)By the tenth working day for the proceeding month, it shall be the responsibility of the Records Bureau manager 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. 2.Any ARRC(s) reported in the Summary Worksheet shall be accompanied by a copy of the related Data Collection Worksheet(s). Policy 334 Orange Police Department Orange PD Policy Manual Copyright Lexipol, LLC 2021/04/08, All Rights Reserved. Published with permission by Orange Police Department Limited English Proficiency Services - 248 Limited English Proficiency Services 334.1 PURPOSE AND SCOPE This policy provides guidance to personnel when communicating with individuals with limited English proficiency (LEP) (refer to the U.S. Code ). 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 employee - An employee of the Orange Police Department, designated by the Department, who has the ability to communicate fluently, directly and accurately in both English and another language. Bilingual employees 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 Orange 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 Field Services Division Commander or the authorized designee. The responsibilities of the LEP Coordinator include, but are not limited to: Orange Police Department Orange PD Policy Manual Limited English Proficiency Services Copyright Lexipol, LLC 2021/04/08, All Rights Reserved. Published with permission by Orange Police Department Limited English Proficiency Services - 249 (a)Coordinating and implementing all aspects of the Orange 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 Communications Supervisor. The list should include information regarding the following: 1.Languages spoken 2.Contact information 3.Availability (d)Ensuring signage stating that interpreters are available free of charge to LEP individuals is posted in appropriate areas and in the most commonly spoken languages. (e)Reviewing existing and newly developed documents to determine which are vital documents and should be translated, and into which languages the documents should be translated. (f)Annually assessing demographic data and other resources, including contracted language services utilization data and community-based organizations, to determine if there are additional documents or languages that are appropriate for translation. (g)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. 334.3.1 FAMILY AND FRIENDS OF LEP INDIVIDUAL While family and friends of an LEP individual may frequently offer to assist with interpretation, officers should carefully consider the circumstances before relying on such individuals. For example, children should not be relied upon except in emergency or critical situations. Further, the nature of the contact and relationship between the LEP individual and the individual offering services must be carefully considered (e.g., victim/suspect). Orange Police Department Orange PD Policy Manual Limited English Proficiency Services Copyright Lexipol, LLC 2021/04/08, All Rights Reserved. Published with permission by Orange Police Department Limited English Proficiency Services - 250 334.4 FOUR-FACTOR ANALYSIS Since there are many different languages that personnel 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: (a)The number or proportion of LEP individuals eligible to be served or likely to be encountered by department employees, 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 employees, 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 Orange Police Department personnel 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. Orange Police Department Orange PD Policy Manual Limited English Proficiency Services Copyright Lexipol, LLC 2021/04/08, All Rights Reserved. Published with permission by Orange Police Department Limited English Proficiency Services - 251 334.8 QUALIFIED BILINGUAL EMPLOYEES Bilingual employees 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. Employees 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 employees must be able to communicate technical and law enforcement terminology, and be sufficiently proficient in the non-English language to perform complicated tasks, such as conducting interrogations, taking statements, collecting evidence or conveying rights or responsibilities. When a qualified bilingual employee from this department is not available, personnel from other City 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. employees may use these services with the approval of a supervisor and in compliance with established procedures. Other sources may include: Orange Police Department Orange PD Policy Manual Limited English Proficiency Services Copyright Lexipol, LLC 2021/04/08, All Rights Reserved. Published with permission by Orange Police Department Limited English Proficiency Services - 252 •Qualified bilingual employees of this department or personnel from other City 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. 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 employees or other authorized interpreters are unavailable to assist, approved community volunteers who have demonstrated competence may be called upon when appropriate. However, department employees 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, personnel 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 employee 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. Employees 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 Orange Police Department will take reasonable steps and will work with the Human Resources and Employee Relations Department to develop in-house language capacity by hiring Orange Police Department Orange PD Policy Manual Limited English Proficiency Services Copyright Lexipol, LLC 2021/04/08, All Rights Reserved. Published with permission by Orange Police Department Limited English Proficiency Services - 253 or appointing qualified employees proficient in languages representative of the community being served. 334.11.1 EMERGENCY CALLS TO 9-1-1 Department employees 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 employee is available in the Communications Center, the call shall immediately be handled by the qualified bilingual employee. If a qualified bilingual employee is not available or the call-taker is unable to identify the caller's language, the call-taker will contact the contracted telephone interpretation service and establish a three-way call between the call-taker, the LEP individual and the interpreter. Dispatchers will make every reasonable effort to dispatch a qualified bilingual employee 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. Employees 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 employee 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 employee 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 Orange Police Department Orange PD Policy Manual Limited English Proficiency Services Copyright Lexipol, LLC 2021/04/08, All Rights Reserved. Published with permission by Orange Police Department Limited English Proficiency Services - 254 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 employee or allied agency interpreter •An authorized telephone interpreter •Any other authorized interpreter Any Miranda warnings shall be provided to suspects in their primary language by an authorized interpreter or, if the suspect is literate, by providing a translated Miranda warning card. The use of an LEP individual's bilingual friends, family members, children, neighbors or bystanders may be used only when a qualified bilingual employee 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 employees 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 employee 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, employees 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. Employees should seek the assistance of a qualified bilingual employees 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 employees 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. Orange Police Department Orange PD Policy Manual Limited English Proficiency Services Copyright Lexipol, LLC 2021/04/08, All Rights Reserved. Published with permission by Orange Police Department Limited English Proficiency Services - 255 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 employees 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. 334.18 TRAINING To ensure that all employees 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 Bureau Sergeant shall be responsible for ensuring new employees receive LEP training. Those who may have contact with LEP individuals should receive refresher training at least once every two years thereafter. The Training Bureau Sergeant shall maintain records of all LEP training provided, and will retain a copy in each employee's training file in accordance with established records retention schedules. 334.18.1 TRAINING FOR AUTHORIZED INTERPRETERS All employees on the authorized interpreter list must successfully complete prescribed interpreter training at the time of hire. 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. Employees 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 Bureau Sergeant shall be responsible for coordinating the annual refresher training and will maintain a record of all training the interpreters have received. Policy 335 Orange Police Department Orange PD Policy Manual Copyright Lexipol, LLC 2021/04/08, All Rights Reserved. Published with permission by Orange Police Department Communications with Persons with Disabilities - 256 Communications with Persons with Disabilities 335.1 PURPOSE AND SCOPE This policy provides guidance to employees when communicating with individuals with disabilities, including those who are deaf or hard of hearing, have impaired speech or vision, or are blind. 335.1.1 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 (refer to the U.S. Code ). 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. 335.2 POLICY It is the policy of the Orange 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. Employees 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. 335.3 AMERICANS WITH DISABILITIES (ADA) COORDINATOR The Chief of Police shall delegate certain responsibilities to an ADA Coordinator (refer to the Code of Federal Regulations ). The ADA Coordinator shall be appointed by, and directly responsible, to the Field Services Division Commander or the authorized designee. The responsibilities of the ADA Coordinator shall include, but not be limited to: (a)Working with the City ADA coordinator regarding the Orange Police Department’s efforts to ensure equal access to services, programs and activities. (b)Developing reports, new procedures, or recommending modifications to this policy. Orange Police Department Orange PD Policy Manual Communications with Persons with Disabilities Copyright Lexipol, LLC 2021/04/08, All Rights Reserved. Published with permission by Orange Police Department Communications with Persons with Disabilities - 257 (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 Communications Supervisor. The list should include information regarding the following: 1.Contact information 2.Availability (e)Developing procedures that will enable employees to access auxiliary aids or services, including qualified interpreters, and ensure the procedures are available to all employees. (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. 335.4 FACTORS TO CONSIDER Because the nature of any law enforcement contact may vary substantially from one situation to the next, employees of this department should consider all information reasonably available to them when determining how to communicate with an individual with a disability. Employees 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)Employees 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, employees 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. 335.5 INITIAL AND IMMEDIATE CONSIDERATIONS Recognizing that various law enforcement encounters may be potentially volatile and/or emotionally charged, employees should remain alert to the possibility of communication problems. Orange Police Department Orange PD Policy Manual Communications with Persons with Disabilities Copyright Lexipol, LLC 2021/04/08, All Rights Reserved. Published with permission by Orange Police Department Communications with Persons with Disabilities - 258 Employees 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 an employee knows or suspects an individual requires assistance to effectively communicate, the employee 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 (refer to the California Federal Regulations ). 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, employees 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 employee 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 Orange 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. 335.6 TYPES OF ASSISTANCE AVAILABLE Orange Police Department employees 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. Department-provided auxiliary aids or services may include, but are not limited to, the assistance methods described in this policy. Orange Police Department Orange PD Policy Manual Communications with Persons with Disabilities Copyright Lexipol, LLC 2021/04/08, All Rights Reserved. Published with permission by Orange Police Department Communications with Persons with Disabilities - 259 335.7 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, employees may read aloud from the appropriate form, for example a personnel complaint form, or provide forms with enlarged print. 335.8 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 speech reading (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. Employees 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 (refer to the California Federal Regulations). 335.9 TTY AND RELAY SERVICES In situations where an individual without a disability would have access to a telephone (e.g., booking or attorney contacts), employees 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). Employees shall provide additional time, as needed, for effective communication due to the slower nature of TTY and TDD communications. 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 (refer to the California Federal Regulations). Orange Police Department Orange PD Policy Manual Communications with Persons with Disabilities Copyright Lexipol, LLC 2021/04/08, All Rights Reserved. Published with permission by Orange Police Department Communications with Persons with Disabilities - 260 Note that relay services translate verbatim, so the conversation must be conducted as if speaking directly to the caller. 335.10 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 employees 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. 335.11 FAMILY AND FRIENDS While family or friends may offer to assist with interpretation, employees 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 (refer to the California Federal Regulations): (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. 335.12 REPORTING Whenever any employee 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. Employee 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 employee 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. Orange Police Department Orange PD Policy Manual Communications with Persons with Disabilities Copyright Lexipol, LLC 2021/04/08, All Rights Reserved. Published with permission by Orange Police Department Communications with Persons with Disabilities - 261 335.13 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 officer of this department. Officers 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 officers 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. 335.13.1 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 speech read 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. Officers should be aware that these techniques may not provide effective communication as required by law and this policy depending on the circumstances. 335.14 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 has made a clear indication that he/she understands the process and desires to proceed without Orange Police Department Orange PD Policy Manual Communications with Persons with Disabilities Copyright Lexipol, LLC 2021/04/08, All Rights Reserved. Published with permission by Orange Police Department Communications with Persons with Disabilities - 262 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. 335.15 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, officers 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, officers 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. 335.16 COMPLAINTS The Department shall ensure that individuals with disabilities who wish to file a complaint regarding employees 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 employees of this Department. 335.17 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. Orange Police Department Orange PD Policy Manual Communications with Persons with Disabilities Copyright Lexipol, LLC 2021/04/08, All Rights Reserved. Published with permission by Orange Police Department Communications with Persons with Disabilities - 263 335.18 TRAINING To ensure that all employees 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 Bureau Sergeant shall be responsible for ensuring new employees 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 Bureau Sergeant shall maintain records of all training provided, and will retain a copy in each employee’s training file in accordance with established records retention schedules. 335.18.1 CALL-TAKER TRAINING Emergency call-takers shall be trained in the use of TTY equipment protocols for communicating with individuals who are deaf, hard of hearing or who have speech impairments. Such training and information should include: (a)The requirements of the ADA and Section 504 of the Rehabilitation Act for telephone emergency service providers. (b)ASL syntax and accepted abbreviations. (c)Practical instruction on identifying and processing TTY or TDD calls, including the importance of recognizing silent TTY or TDD calls, using proper syntax, abbreviations and protocol when responding to TTY or TDD calls. (d)Hands-on experience in TTY and TDD communications, including identification of TTY or TDD tones. Training should be mandatory for all the Communications Center employees 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. Policy 336 Orange Police Department Orange PD Policy Manual Copyright Lexipol, LLC 2021/04/08, All Rights Reserved. Published with permission by Orange Police Department Mandatory Employer Notification - 264 Mandatory Employer Notification 336.1 PURPOSE AND SCOPE The purpose of this policy is to describe the requirements and procedures to follow when a public or private school employee (teacher and non-teacher) has been arrested under certain circumstances. 336.2 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. 336.2.1 ARREST OF PUBLIC SCHOOL TEACHER In the event a public school teacher is arrested for any controlled substance offense enumerated in the California Health and Safety Code, in so far as that section relates to the California Health and Safety Code, or for any of the offenses enumerated in the California Penal Code or the California Education Code, 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 (refer to the California Health and Safety code and California Penal Code). 336.2.2 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 the California Health and Safety Code, in so far as that section relates to the California Health and Safety Code, or for any of the offenses enumerated in the California Penal Code or the California Education Code, 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 (refer to the California Health and Safety Code and California Penal Code). 336.2.3 ARREST OF PRIVATE SCHOOL TEACHER In the event a private school teacher is arrested for any controlled substance offense enumerated in the California Health and Safety Code, in so far as that section relates to the California Health and Safety Code, or for any of the offenses enumerated in the California Penal Code or the California Education Code, the Chief of Police or his/her designee is mandated to immediately notify by telephone the private school authority employing the teacher and to immediately give written notice of the arrest to the private school authority employing the teacher (refer to the California Health and Safety Code and California Penal Code). Orange Police Department Orange PD Policy Manual Mandatory Employer Notification Copyright Lexipol, LLC 2021/04/08, All Rights Reserved. Published with permission by Orange Police Department Mandatory Employer Notification - 265 336.2.4 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 the California Health and Safety Code, in so far as that section relates to the California Health and Safety Code, or for any of the offenses enumerated in the California Penal Code, 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 (refer to the California Health and Safety Code and California Penal Code). 336.2.5 DESIGNEE FOR THE CHIEF OF POLICE The Chief of Police's designee for reporting school employee crimes to school officials. 336.3 POLICY The Orange Police Department will meet the reporting requirements of California law to minimize the risks to children and others. 336.4 ARREST OF PERSONS EMPLOYED IN COMMUNITY CARE FACILITIES In the event an employee of a community treatment facility, a day treatment facility, a group home, a short-term residential therapeutic program or a foster family agency is arrested for child abuse (as defined in the California Penal Code) and the employee is free to return to work where children are present, the investigating officer shall notify the Investigative Services Division Commander of the licensee of the charge of abuse (refer to the California Health and Safety Code). Policy 337 Orange Police Department Orange PD Policy Manual Copyright Lexipol, LLC 2021/04/08, All Rights Reserved. Published with permission by Orange Police Department Orange Police Department Fingerprint System - 266 Orange Police Department Fingerprint System 337.1 PURPOSE AND SCOPE To establish a fingerprint file system for comparison and retention purposes. 337.1.1 INFORMATION The department's fingerprint card file will be located in the Crime Lab and be maintained by Crime Lab personnel. This system will maintain file credibility and provide easy access by Crime Lab personnel for comparison purposes. The Records Management System (RMS) contains the data of each individual who has been fingerprinted. 337.2 GENERAL GUIDELINES (a)All adults arrested or officially detained by officers and processed in our Detention Facility, shall be fingerprinted (including palm prints) and the fingerprint card is to be retained within OPD. (b)Any juvenile, 14 through 17-years of age, who commits a felony crime, shall be fingerprinted (including palm prints) and photographed. (c)For all other crimes, juveniles, 14 through 17-years of age, may be fingerprinted (including palm prints) and photographed at the discretion of the watch commander or other applicable supervisor, depending on: 1.The gravity of the offense, 2.Past record of the juvenile. (d)Persons released pursuant to the California Penal code, or released after an interview, may "upon request," have their fingerprint card destroyed in their presence; otherwise, all fingerprint cards are to be directed to the Records Bureau for entry into the RMS system. Juveniles under the age of 14, in the absence of an arrest under the guidelines of the California Welfare and Institutions Code, should not be subject to fingerprints without articulable reasons and approval from a supervisor. 337.3 RESPONSIBILITIES OF THE ARRESTING/DETAINING OFFICER (a)Shall be responsible for completing applicable fingerprint card(s) on subject. 1.If the subject is under arrest and objects to having his fingerprints taken, they may be taken over his objections, depending on the gravity of the related charge(s). (a)A fingerprint card is not required if the subject is likely to be released under the current California Penal Code and objects to having his prints taken. Orange Police Department Orange PD Policy Manual Orange Police Department Fingerprint System Copyright Lexipol, LLC 2021/04/08, All Rights Reserved. Published with permission by Orange Police Department Orange Police Department Fingerprint System - 267 (b)Fill-out all available information on the fingerprint card and add all known AKA's the subject uses. (a)Ensure that the fingerprint card is signed by both the person being printed and the police personnel obtaining the prints. (c)If a report is written, the fingerprint cards are to be submitted to the watch commander with the report. If there is no report involved, the fingerprint cards are to be submitted directly to the Records Bureau. 337.3.1 RESPONSIBILITIES OF THE WATCH COMMANDER/INVESTIGATION SUPERVISOR (a)The approving supervisor shall verify that fingerprints were obtained from subjects arrested, or formally detained, and that a report was submitted. (b)In relationship to fingerprint cards, the approving supervisor shall also verify, to the extent practical, that all possible information was obtained and the fingerprints appear to be usable and legible, prior to the release or transfer of the suspect. (c)After the supervisor's approval, submit the fingerprint cards along with the report to the Records Bureau. 337.3.2 RESPONSIBILITIES FOR CRIME LAB PERSONNEL Crime Lab personnel shall be responsible for the maintenance, security, preservation and filing of all OPD fingerprint and/or palm print cards (including copies, duplicates and outside agency cards). Policy 338 Orange Police Department Orange PD Policy Manual Copyright Lexipol, LLC 2021/04/08, All Rights Reserved. Published with permission by Orange Police Department Biological Samples - 268 Biological Samples 338.1 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. 338.2 POLICY The Orange 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. 338.3 PERSONS SUBJECT TO DNA COLLECTION Those who must submit a biological sample include (refer to the California Penal Code): (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. 338.4 PROCEDURE When an individual is required to provide a biological sample, a trained employee shall obtain the sample in accordance with this policy. 338.4.1 COLLECTION The following steps should be taken to collect a sample: (a)Verify that the individual is required to provide a sample pursuant to the California Penal Code. (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. 338.5 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. Orange Police Department Orange PD Policy Manual Biological Samples Copyright Lexipol, LLC 2021/04/08, All Rights Reserved. Published with permission by Orange Police Department Biological Samples - 269 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. 338.5.1 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 (refer to the California Code of Regulations). 338.5.2 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 (refer to the California Code of Regulations). 338.6 LEGAL MANDATES AND RELEVANT LAWS California law provides for the following: 338.6.1 DOCUMENTATION RELATED TO FORCE The Watch Commander shall prepare prior written authorization for the use of any force (refer to the California Code of Regulations). 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. 338.6.2 BLOOD SAMPLES A blood sample should only be obtained under this policy when: Orange Police Department Orange PD Policy Manual Biological Samples Copyright Lexipol, LLC 2021/04/08, All Rights Reserved. Published with permission by Orange Police Department Biological Samples - 270 (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 (refer to the California Penal Code). 338.6.3 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. Policy 339 Orange Police Department Orange PD Policy Manual Copyright Lexipol, LLC 2021/04/08, All Rights Reserved. Published with permission by Orange Police Department Chaplains - 271 Chaplains 339.1 PURPOSE AND SCOPE This policy establishes the guidelines for Orange Police Department chaplains to provide counseling or emotional support to employees of the Department, their families and members of the public. 339.2 POLICY The Orange Police Department shall ensure that department chaplains are properly appointed, trained and supervised to carry out their responsibilities without financial compensation. 339.3 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)Must have at least five years of successful counseling experience or ministry experience with a recognized church or religious denomination. (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. 339.4 RECRUITMENT, SELECTION AND APPOINTMENT The Orange 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. 339.4.1 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 or authorized designee. (d)Successfully complete an appropriate-level background investigation. (e)Complete an appropriate probationary period as designated by the Chief of Police. Orange Police Department Orange PD Policy Manual Chaplains Copyright Lexipol, LLC 2021/04/08, All Rights Reserved. Published with permission by Orange Police Department Chaplains - 272 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. 339.5 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 Orange Police Department identification cards, which must be carried at all times while on-duty. The identification cards will be the standard Orange 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. 339.6 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 Administrative Services Division Commander 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 call out 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. Orange Police Department Orange PD Policy Manual Chaplains Copyright Lexipol, LLC 2021/04/08, All Rights Reserved. Published with permission by Orange Police Department Chaplains - 273 (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. 339.7 DUTIES AND RESPONSIBILITIES Chaplains assist the Department, its members and the community, as needed. Assignments of chaplains will usually be to augment the Field Services Division . 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 employees 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 Orange Police Department. 339.7.1 WHEN CHAPLAINS SHALL ENCOURAGE OPD EMPLOYEES TO SPEAK WITH A SUPERVISOR (a)The employee has violated department policy, but the action does not rise to a violation of law. (b)The employee shares concerns about another member of the agency who may have violated department policy, which does not rise to a violation of the law. (c)The employee or other member of the department may have violated department policy and/or the law. 339.7.2 WHEN CHAPLAINS SHALL DIVULGE CONFIDENTIAL STATEMENTS TO A SUPERVISOR (a)A chaplain shall be responsible to divulge certain incriminating statements from OPD employees depending upon the severity of the offense, but only after encouraging the employee to voluntarily communicate the issue to their supervisor and informing the employee that the chaplain is required to report the issue. Orange Police Department Orange PD Policy Manual Chaplains Copyright Lexipol, LLC 2021/04/08, All Rights Reserved. Published with permission by Orange Police Department Chaplains - 274 1.Required reporting would include any statement where an employee has stated they had committed or were contemplating committing harm to him/her self or any other person. 2.Except as otherwise specified, matters of a personal nature that are part of a penitential communication and are discussed between a chaplain and penitent shall remain private and confidential per California State Law (refer to the California Penal Code). (b)The chaplain may be required to file a written report in accordance with department guidelines. 339.7.3 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. 339.7.4 OPERATIONAL GUIDELINES (a)Chaplains will be asked to maintain an on-call status available to serve day or night. (b)Generally, each chaplain will serve with Orange 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 Orange Police Department operations, provided the Watch Commander has been notified and has approved the activity. (e)Chaplains shall not be evaluators of employees 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. (h)Chaplains shall serve only within the jurisdiction of the Orange 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. 339.7.5 ASSISTING DEPARTMENT MEMBERS The responsibilities of a chaplain related to department employees include, but are not limited to: Orange Police Department Orange PD Policy Manual Chaplains Copyright Lexipol, LLC 2021/04/08, All Rights Reserved. Published with permission by Orange Police Department Chaplains - 275 (a)Assisting in making notification to families of emplolyees who have been seriously injured or killed and, after notification, responding to the hospital or home of the employee. (b)Visiting sick or injured employees in the hospital or at home. (c)Attending and participating, when requested, in funerals of active or retired employees. (d)Serving as a resource for employees 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 employees and their families. (f)Being alert to the needs of employees and their families. 339.7.6 ASSISTING THE DEPARTMENT The responsibilities of a chaplain related to this department include, but are not limited to: (a)Assisting officers 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 employees. (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. 339.7.7 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. (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. Orange Police Department Orange PD Policy Manual Chaplains Copyright Lexipol, LLC 2021/04/08, All Rights Reserved. Published with permission by Orange Police Department Chaplains - 276 339.7.8 CHAPLAIN MEETINGS All chaplains are required to attend scheduled meetings. Any absences must be satisfactorily explained to the chaplain coordinator. 339.8 PRIVILEGED COMMUNICATIONS No person who provides chaplain services to members of the Department may work or volunteer for the Orange 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 employees when it appears reasonably likely that the employee 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 Orange Police Department employee concerning an incident personally witnessed by the chaplain or concerning an incident involving the chaplain. 339.9 TRAINING The Department will establish a minimum number of training hours and standards for department chaplains. The training, as approved by the Training Bureau Sergeant, may include: •Stress management •Death notifications •Symptoms of post-traumatic stress •Burnout for employees of law enforcement and chaplains •Legal liability and confidentiality •Ethics •Responding to crisis situations •The law enforcement family •Substance abuse •Suicide •Officer injury or death •Sensitivity and diversity Policy 340 Orange Police Department Orange PD Policy Manual Copyright Lexipol, LLC 2021/04/08, All Rights Reserved. Published with permission by Orange Police Department Procedure for Waiving Department Service Fees - 277 Procedure for Waiving Department Service Fees 340.1 PURPOSE AND SCOPE The Orange City Council has adopted a schedule of fees to be charged to users of specified services at the Orange Police Department. This order establishes a procedure to appeal the imposition of a fee when a dispute occurs. 340.2 EMPLOYEE RESPONSIBILITIES (a)The employee shall attempt to resolve the dispute and provide all information to the complaining party. (b)If the matter cannot be resolved, the employee shall notify their immediate supervisor or the watch commander in a timely manner. 340.2.1 SUPERVISOR RESPONSIBILITIES (a)When a supervisor is notified of a conflict regarding fees for service, he/she shall: 1.Review the facts surrounding the dispute and attempt to resolve it, 2.If it appears to be in the best interest of the involved parties to waive the fee, the supervisor has the authority to do so, provided the fee has not already been paid and forwarded to the Finance Department, (a)If the dispute is over a previous fee that has already been forwarded to the Finance Department, the supervisor shall not render a decision and will forward all the information to the respective division commander. 3.If a reasonable solution cannot be reached, the supervisor shall have the fee collected and inform the party that their concerns will be forwarded to the respective division commander, 4.The supervisor shall forward a memorandum to the division commander explaining all of the pertinent facts at issue. (b)When a fee has been waived, and there is a DR number assigned to the incident, a written explanation for the waiver shall be placed into the case folder. 340.2.2 DIVISION COMMANDER'S RESPONSIBILITIES Upon receiving a written notification concerning a disputed fee, the division commander shall review the circumstances and determine whether the fee should be refunded, or continue the appeal process by forwarding the supervisor's written explanation to the Chief of Police. If the division commander determines that the fee should be refunded, that information shall be forwarded to the administrative analyst, who will forward the refund request to the Finance Department on the appropriate form. Orange Police Department Orange PD Policy Manual Procedure for Waiving Department Service Fees Copyright Lexipol, LLC 2021/04/08, All Rights Reserved. Published with permission by Orange Police Department Procedure for Waiving Department Service Fees - 278 340.2.3 CHIEF OF POLICE'S RESPONSIBILITIES The Chief of Police, or his/her designee, shall be the final authority to render a decision. If the complaining party is not satisfied, a hearing with the party can be scheduled. The complaining party will be notified of the final decision by the Chief of Police or his/her designee. Policy 341 Orange Police Department Orange PD Policy Manual Copyright Lexipol, LLC 2021/04/08, All Rights Reserved. Published with permission by Orange Police Department Public Safety Camera System - 279 Public Safety Camera System 341.1 PURPOSE AND SCOPE The City of Orange operates a public safety camera system for the purpose of creating a safer environment for all those who live, work and visit the City. This policy explains the purpose of the cameras and provides guidelines for their operation and for the storage of captured images. 341.2 POLICY Cameras may be placed in strategic locations throughout the City at the direction or with the approval of the Chief of Police. These cameras can be used for detecting and deterring 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 City officials in providing services to the community. 341.3 PROCEDURE The following procedures have been established for the effective operation of the public safety camera system. 341.3.1 MONITORING Images from each camera will be recorded on a 24-hour basis every day of the week. These images will be transmitted to monitors installed in the Watch Commander's Office and the Communications Center. When activity warranting further investigation is reported or detected at any camera location, the dispatcher may selectively view the appropriate camera and relay any available information to responding units. The Watch Commander or the Communications Center personnel are 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 camera system to be set up at a location other than the Communications Center for monitoring by other than police personnel when the provision of such access is in furtherance of this policy. The cameras only record images and do not record 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. In addition, the public safety camera system may be useful for the following purposes: (a)To assist in identifying, apprehending and prosecuting offenders. (b)To assist in gathering evidence for criminal and civil court actions. (c)To help emergency services personnel maintain public order. (d)To monitor pedestrian and vehicle traffic activity. (e)To help improve the general environment on the public streets. Orange Police Department Orange PD Policy Manual Public Safety Camera System Copyright Lexipol, LLC 2021/04/08, All Rights Reserved. Published with permission by Orange Police Department Public Safety Camera System - 280 (f)To assist in providing effective public services. 341.3.2 TRAINING Personnel involved in video monitoring will be appropriately trained and supervised. 341.3.3 PROHIBITED ACTIVITY Video monitoring will be conducted in a professional, ethical and legal manner. The public safety camera system will not be used to invade the privacy of individuals, to look into private areas or areas where the reasonable expectation of privacy exists. All reasonable efforts will be taken to protect these rights. Video monitoring shall not be used to harass, intimidate or discriminate against any individual or group. 341.3.4 CAMERA MARKINGS Except in the case of covert operations or confidential investigations, all public areas that are monitored by public safety cameras shall be marked in a conspicuous manner with appropriate signs to inform the public that the area is under police surveillance. Signs shall be well lit to ensure visibility. 341.4 MEDIA STORAGE All media will be stored in a secure area with access restricted to authorized persons. Recordings not otherwise needed for official reasons shall be retained for a period of not less than one year and thereafter should be erased with the written consent of the City Attorney. Any recordings needed as evidence in a criminal or civil proceeding shall be copied to a suitable medium and booked into evidence in accordance with current evidence procedures (Government Code § 34090.6). 341.5 REVIEW OR RELEASE OR OF VIDEO IMAGES The review or the release of video images shall be done only with the authorization of the Chief of Police or his/her designee and only with a properly completed written request. Video images needed for a criminal investigation or other official reason shall be collected and booked in accordance with current departmental evidence procedures. 341.5.1 PUBLIC AND OTHER AGENCY REQUESTS Requests for recorded video images from other government agencies or by the submission of a court order or subpoena shall be promptly submitted to the Communications Supervisor, who will promptly research the request and submit the results of such search through the Chief of Police to the City Attorney's office for further handling. Every reasonable effort should be made to preserve the data requested until the request has been fully processed by the City Attorney's office. Video images captured by public safety cameras that are requested by the public or media will be made available only to the extent required by law. Except as required by a valid court order or other lawful process, video images requested under the Public Records Act will generally not be Orange Police Department Orange PD Policy Manual Public Safety Camera System Copyright Lexipol, LLC 2021/04/08, All Rights Reserved. Published with permission by Orange Police Department Public Safety Camera System - 281 disclosed to the public when such video images are evidence in an ongoing criminal investigation in which a disposition has not been reached. 341.6 ANNUAL REVIEW OF THE PUBLIC SAFETY CAMERA SYSTEM The Chief of Police or his/her designee will conduct an annual review of the public safety camera system. The annual review will include an inventory of video monitoring installations, date of installation, summary of the purpose, adherence to this policy and any proposed policy changes. The results of each review will be documented and maintained by the Chief of Police or his/her designee and other applicable advisory bodies. Any concerns or deviations from this policy will be addressed promptly and effectively. Policy 342 Orange Police Department Orange PD Policy Manual Copyright Lexipol, LLC 2021/04/08, All Rights Reserved. Published with permission by Orange Police Department Child and Dependent Adult Safety - 282 Child and Dependent Adult Safety 342.1 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. 342.2 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 Orange 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. 342.3 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 (refer to the California Penal Code): (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. Orange Police Department Orange PD Policy Manual Child and Dependent Adult Safety Copyright Lexipol, LLC 2021/04/08, All Rights Reserved. Published with permission by Orange Police Department Child and Dependent Adult Safety - 283 342.3.1 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. (a)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. 342.3.2 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 (refer to the California Penal Code). 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. Orange Police Department Orange PD Policy Manual Child and Dependent Adult Safety Copyright Lexipol, LLC 2021/04/08, All Rights Reserved. Published with permission by Orange Police Department Child and Dependent Adult Safety - 284 342.3.3 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 342.3.4 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. 342.4 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 (refer to the Welfare and Institutions Code). 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. Under no circumstances should a child or dependent adult be left unattended or without appropriate care. 342.5 TRAINING The Training Bureau 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- Orange Police Department Orange PD Policy Manual Child and Dependent Adult Safety Copyright Lexipol, LLC 2021/04/08, All Rights Reserved. Published with permission by Orange Police Department Child and Dependent Adult Safety - 285 approved training on effective safety measures when a parent, guardian or caregiver is arrested (refer to the Penal Code). Policy 343 Orange Police Department Orange PD Policy Manual Copyright Lexipol, LLC 2021/04/08, All Rights Reserved. Published with permission by Orange Police Department Service Animals - 286 Service Animals 343.1 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). 343.1.1 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 (refer to the Code of Federal Regulations and California Health and Safety Code). 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 (refer to the Code of Federal Regulations). 343.2 POLICY It is the policy of the Orange 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. 343.3 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. •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 Orange Police Department Orange PD Policy Manual Service Animals Copyright Lexipol, LLC 2021/04/08, All Rights Reserved. Published with permission by Orange Police Department Service Animals - 287 schizophrenia to distinguish between hallucinations and reality, and helping people with traumatic brain injury to locate misplaced items or follow daily routines. 343.4 PERSONNEL RESPONSIBILITIES Service animals that are assisting individuals with disabilities are permitted in all public facilities and areas where the general public is allowed. Department employees are expected to treat individuals with service animals with the same courtesy and respect that the Orange Police Department affords to all members of the public (refer to the Code of Federal Regulations). 343.4.1 INQUIRY If it is apparent or if an employee 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 employee should ask the individual only the following questions (refer to the Code of Federal Regulations): •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. 343.4.2 CONTACT Service animals are not pets. Department employees should not interfere with the important work performed by a service animal by talking to, petting or otherwise initiating contact with a service animal. 343.4.3 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 (refer to the Code of Federal Regulations). 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. Employees 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. 343.4.4 COMPLAINTS When handling calls of a complaint regarding a service animal, employees of this department should remain neutral and should be prepared to explain the ADA requirements concerning service Orange Police Department Orange PD Policy Manual Service Animals Copyright Lexipol, LLC 2021/04/08, All Rights Reserved. Published with permission by Orange Police Department Service Animals - 288 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 (refer to the Code of Federal Regulations). 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). Policy 344 Orange Police Department Orange PD Policy Manual Copyright Lexipol, LLC 2021/04/08, All Rights Reserved. Published with permission by Orange Police Department Off-Duty Law Enforcement Actions - 289 Off-Duty Law Enforcement Actions 344.1 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 Orange Police Department with respect to taking law enforcement action while off-duty. 344.2 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 personnel 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. 344.3 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 badge and 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. 344.4 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. Orange Police Department Orange PD Policy Manual Off-Duty Law Enforcement Actions Copyright Lexipol, LLC 2021/04/08, All Rights Reserved. Published with permission by Orange Police Department Off-Duty Law Enforcement Actions - 290 (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. 344.4.1 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 Orange Police Department officer until acknowledged. Official identification should also be displayed. 344.4.2 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. 344.4.3 CIVILIAN RESPONSIBILITIES Civilian 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. 344.4.4 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. 344.5 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. Policy 345 Orange Police Department Orange PD Policy Manual Copyright Lexipol, LLC 2021/04/08, All Rights Reserved. Published with permission by Orange Police Department Volunteer Program - 291 Volunteer Program 345.1 PURPOSE AND SCOPE It is the policy of this department to use qualified volunteers for specified tasks and duties in order to create efficiencies for the Department and improve services to the community. Volunteers are intended to supplement and support, rather than supplant, sworn officers and civilian personnel. Volunteers can be an important part of any organization and are proven to be a valuable asset to law enforcement agencies. Volunteers help to increase departmental responsiveness, delivery of services and information input, and provide new program opportunities. In addition, volunteers bring new skills and expertise to the Department and prompt new enthusiasm. 345.1.1 DEFINITION OF VOLUNTEER An individual who performs a service for the Department without promise, expectation or receipt of compensation for services rendered. This may include unpaid chaplains, interns, persons providing administrative support and youth involved in a law enforcement Explorer Post, among others. 345.2 VOLUNTEER MANAGEMENT 345.2.1 VOLUNTEER COORDINATOR The Volunteer Coordinator shall be appointed by the Support ServicesDivision Commander. The function of the Volunteer Coordinator is to provide a central coordinating point for effective volunteer management within the Department, and to direct and assist staff and volunteer efforts to jointly provide more productive services. The Volunteer Coordinator should work with other Department staff on an ongoing basis to assist in the development and implementation of volunteer-staffed positions. The Volunteer Coordinator, or his/her designee, shall be responsible for the following: (a)Recruiting, selecting and training qualified volunteers for various positions. (b)Facilitating the implementation of new volunteer activities and assignments. (c)Maintaining records for each volunteer. (d)Tracking and evaluating the contribution of volunteers. (e)Maintaining the volunteer handbook and outlining expectations, policies and responsibilities for all volunteers. (f)Maintaining a record of volunteer schedules and work hours. (g)Completion and dissemination as appropriate of all necessary paperwork and information. (h)Planning periodic recognition events. (i)Maintaining liaison with other volunteer-utilizing programs in the community and assisting in community-wide efforts to recognize and promote volunteering. Orange Police Department Orange PD Policy Manual Volunteer Program Copyright Lexipol, LLC 2021/04/08, All Rights Reserved. Published with permission by Orange Police Department Volunteer Program - 292 345.2.2 RECRUITMENT Volunteers should be recruited on a continuous and ongoing basis consistent with department policy on equal opportunity nondiscriminatory employment. A primary qualification for participation in the application process should be an interest in, and an ability to assist the Department in serving the public. Requests for volunteers should be submitted in writing by interested staff to the Volunteer Coordinator through the requester's immediate supervisor. A complete position description and a requested time-frame should be included in the request. All parties should understand that the recruitment of volunteers is enhanced by creative and interesting assignments. The Volunteer Coordinator may withhold assignment of any volunteer until such time as the requesting unit is prepared to make effective use of volunteer resources. 345.2.3 SCREENING All prospective volunteers should complete the volunteer application form. The Volunteer Coordinator or designee should conduct a face-to-face interview with an applicant under consideration. A documented background investigation shall be completed on each volunteer applicant and shall include, but not necessarily be limited to, the following: (a)Traffic and criminal background check. Fingerprints shall be obtained from all applicants and processed through the California Criminal Information Index. (b)Employment (c)References (d)Credit check A polygraph exam may be required of each applicant depending on the type of assignment. 345.2.4 SELECTION AND PLACEMENT Service as a volunteer with the Department shall begin with an official notice of acceptance or appointment to a volunteer position. Notice may only be given by an authorized representative of the Department, who will normally be the Volunteer Coordinator. No volunteer should begin any assignment until they have been officially accepted for that position and completed all required screening and paperwork. At the time of final acceptance, each volunteer should complete all required enrollment paperwork and will receive a copy of their position description and agreement of service with the Department. All volunteers shall receive a copy of the volunteer handbook and shall be required to sign a volunteer agreement. Volunteers should be placed only in assignments or programs that are consistent with their knowledge, skills, abilities and the needs of the Department. Orange Police Department Orange PD Policy Manual Volunteer Program Copyright Lexipol, LLC 2021/04/08, All Rights Reserved. Published with permission by Orange Police Department Volunteer Program - 293 345.2.5 TRAINING Volunteers will be provided with an orientation program to acquaint them with the Department, personnel, policies and procedures that have a direct impact on their work assignment. Volunteers should receive position-specific training to ensure they have adequate knowledge and skills to complete tasks required by the position and should receive periodic ongoing training as deemed appropriate by their supervisor or the Volunteer Coordinator. Training should reinforce to volunteers that they may not intentionally represent themselves as, or by omission infer that they are sworn officers or other full-time members of the Department. They shall always represent themselves as volunteers. All volunteers shall comply with the rules of conduct and with all orders and directives, either oral or written, issued by the Department. 345.2.6 FITNESS FOR DUTY No volunteer shall report to work or be on-duty when his/her judgment or physical condition has been impaired by alcohol, medication, other substances, illness or injury. Volunteers shall report to their supervisor any changes in status that may affect their ability to fulfill their duties. This includes, but is not limited to, the following: (a)Driver license (b)Medical condition (c)Arrests (d)Criminal investigations All volunteers shall adhere to the guidelines set forth by this department regarding drug and alcohol use. 345.2.7 DRESS CODE As representatives of the Department, volunteers are responsible for presenting a professional image to the community. Volunteers shall dress appropriately for the conditions and performance of their duties. Volunteers shall conform to department-approved dress consistent with their duty assignment. Uniforms authorized for volunteers should be readily distinguishable from those worn by sworn officers. The uniform or identifiable parts of the uniform shall not be worn while off-duty except volunteers may choose to wear the uniform while in transit to or from official department assignments or functions provided an outer garment is worn over the uniform shirt so as not to bring attention to the volunteer while he/she is off duty. Volunteers shall be required to return any issued uniform or department property at the termination of service. Orange Police Department Orange PD Policy Manual Volunteer Program Copyright Lexipol, LLC 2021/04/08, All Rights Reserved. Published with permission by Orange Police Department Volunteer Program - 294 345.3 SUPERVISION OF VOLUNTEERS Each volunteer who is accepted to a position with the Department must have a clearly identified supervisor who is responsible for direct management of that volunteer. This supervisor will be responsible for day-to-day management and guidance of the work of the volunteer and should be available to the volunteer for consultation and assistance. A volunteer may be assigned as and act as a supervisor of other volunteers provided that the supervising volunteer is under the direct supervision of a paid staff employee. Functional supervision of volunteers is the responsibility of the supervisor in charge of the unit where the volunteer is assigned. Following are some considerations to keep in mind while supervising volunteers: (a)Take the time to introduce volunteers to employees on all levels. (b)Ensure volunteers have work space and necessary office supplies. (c)Make sure the work is challenging. Do not hesitate to give them an assignment or task that will tap these valuable resources. 345.4 CONFIDENTIALITY With appropriate security clearance, volunteers may have access to confidential information such as criminal histories or investigative files. Unless otherwise directed by a supervisor or departmental policy, all information shall be considered confidential. Only that information specifically identified and approved by authorized personnel shall be released. Confidential information shall be given only to persons who have a need and a right to know as determined by departmental policy and supervisory personnel. Each volunteer will be required to sign a nondisclosure agreement before being given an assignment with the Department. Subsequent unauthorized disclosure of any confidential information, verbally, in writing or by any other means, by the volunteer is grounds for immediate dismissal and possible criminal prosecution. Volunteers shall not address public gatherings, appear on radio or television, prepare any article for publication, act as correspondents to a newspaper or other periodical, release or divulge any information concerning the activities of the Department, or maintain that they represent the Department in such matters without permission from the proper department personnel. 345.5 PROPERTY AND EQUIPMENT Volunteers will be issued an identification card that must be worn at all times while on-duty. Any fixed and portable equipment issued by the Department shall be for official and authorized use only. Any property or equipment issued to a volunteer shall remain the property of the Department and shall be returned at the termination of service. Orange Police Department Orange PD Policy Manual Volunteer Program Copyright Lexipol, LLC 2021/04/08, All Rights Reserved. Published with permission by Orange Police Department Volunteer Program - 295 345.5.1 VEHICLE USE Volunteers assigned to duties such as vacation house checks or other assignments that require the use of a vehicle must first complete the following: (a)A driving safety briefing. (b)Verification that the volunteer possesses a valid California Driver License. (c)Verification that the volunteer carries current vehicle insurance. The Volunteer Coordinator should insure that all volunteers receive safety briefing updates and license and insurance verification at least once a year. When operating a Department vehicle, volunteers shall obey all rules of the road, including seat belt requirements. Smoking is prohibited in all Department vehicles. Volunteers should not operate a marked patrol car unless there is a prominently placed sign indicating that it is out of service and are not authorized to operate a Department vehicle Code-3. 345.5.2 RADIO AND MDT USAGE Volunteers shall successfully complete CLETS and radio procedures training prior to using the police radio or MDC and comply with all related provisions. The Support Services Division Commander should ensure that radio and CLETS training is provided for volunteers whenever necessary. 345.6 DISCIPLINARY PROCEDURES/TERMINATION A volunteer may be removed from the volunteer program at the discretion of the Chief of Police or the Volunteer Coordinator. Volunteers shall have no property interests in their continued appointment. However, if a volunteer is removed for alleged misconduct, the volunteer will be afforded an opportunity solely to clear his/her name through a liberty interest hearing which shall be limited to a single appearance before the Chief of Police or authorized designee. Volunteers may resign from volunteer service with the Department at any time. It is requested that volunteers who intend to resign provide advance notice of their departure and a reason for their decision. 345.6.1 EXIT INTERVIEWS Exit interviews, where possible, should be conducted with volunteers who are leaving their positions by a supervisor. The interview should ascertain why the volunteer is leaving the position and solicit the volunteer's suggestions on improving the position. When appropriate, the interview should also include a discussion on the possibility of involvement in some other capacity with the Department. 345.7 EVALUATION A written evaluation of the overall volunteer program will be conducted on an annual basis by the Volunteer Coordinator. Regular interviews should be conducted with volunteers to ensure the best Orange Police Department Orange PD Policy Manual Volunteer Program Copyright Lexipol, LLC 2021/04/08, All Rights Reserved. Published with permission by Orange Police Department Volunteer Program - 296 use of human resources available, to ensure personnel problems can be identified and dealt with promptly and fairly, and to ensure optimum satisfaction on the part of volunteers. Policy 346 Orange Police Department Orange PD Policy Manual Copyright Lexipol, LLC 2021/04/08, All Rights Reserved. Published with permission by Orange Police Department Gun Violence Restraining Orders - 297 Gun Violence Restraining Orders 346.1 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). 346.1.1 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). 346.2 POLICY It is the policy of the Orange 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. 346.3 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. Officers petitioning the court should use the forms established by the Judicial Council (Penal Code § 18105). The petition should describe the number, types, and locations of any firearms and ammunition that the officer believes to be possessed or controlled by the person (Penal Code § 18107). The petition should also describe why less-restrictive alternatives are ineffective or inadequate for the circumstances (Penal Code § 18125; Penal Code § 18150; Penal Code § 18175). If it is not practical under the circumstances to submit a written petition, an officer may orally request an order, and then prepare and sign a declaration under penalty of perjury that recites the oral statements provided to the judicial officer and memorialize the order of the court on the appropriate Judicial Council form (Penal Code § 18140). 346.3.1 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. Orange Police Department Orange PD Policy Manual Gun Violence Restraining Orders Copyright Lexipol, LLC 2021/04/08, All Rights Reserved. Published with permission by Orange Police Department Gun Violence Restraining Orders - 298 (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). 346.4 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 Records Manager 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. 346.4.1 SERVICE OF ORAL GUN VIOLENCE RESTRAINING ORDERS If a gun violence restraining order is obtained orally, the officer shall (refer to the California Penal Code): (a)Serve the order on the restrained person in the manner outlined above, if the restrained person can reasonably be located. (b)File a copy of the order with the court as soon as practicable after issuance. (c)Ensure the order is provided to the Records Bureau for entry into the computer database system for protective and restraining orders maintained by the Department of Justice. Orange Police Department Orange PD Policy Manual Gun Violence Restraining Orders Copyright Lexipol, LLC 2021/04/08, All Rights Reserved. Published with permission by Orange Police Department Gun Violence Restraining Orders - 299 346.5 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. 346.6 RECORDS MANAGER RESPONSIBILITIES The Records Manager 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)Oral orders are entered into the California Restraining and Protective Order System (Penal Code § 18140). (c)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). (d)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). 346.7 COURT-ORDERED FIREARMS AND AMMUNITION SURRENDERS Authorized personnel shall accept firearms and ammunition from any individual who is the subject of a gun violence restraining order. The personnel receiving any firearm or ammunition shall: Orange Police Department Orange PD Policy Manual Gun Violence Restraining Orders Copyright Lexipol, LLC 2021/04/08, All Rights Reserved. Published with permission by Orange Police Department Gun Violence Restraining Orders - 300 (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. 346.8 RELEASE OF FIREARMS AND AMMUNITION Firearms and ammunition that were taken into temporary custody or surrendered pursuant to a gun violence restraining order shall be returned to the restrained person upon the expiration of the order and in accordance with the California Penal Code and the Property and Evidence Policy. 346.9 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 personnel, also including procedures for requesting and serving (Penal Code § 18108): 1.A temporary emergency gun violence restraining order. 2.An ex parte gun violence restraining order. 3.A gun violence restraining order issued after notice and hearing. (b)Developing and maintaining factors to consider when assessing the need to seek an order, including: 1.Whether threats have been made, and if so, whether the threats are credible and specific. 2.Whether the potential victim is within close proximity. 3.Whether the person has expressed suicidal tendencies. 4.Whether the person has access to firearms. 5.The criminal history of the person, in particular any history of criminal violence, including whether the person is currently on parole, probation, or monitored release. 6.The mental health history of the person, in particular whether the person has any history of mental illness or has ever been detained for being a danger to themselves or others. 7.Any upcoming holidays, anniversaries, or other dates of significance that may serve as a trigger for the person, such as the death of a family member. 8.Whether the person has any history of drug or alcohol abuse. Orange Police Department Orange PD Policy Manual Gun Violence Restraining Orders Copyright Lexipol, LLC 2021/04/08, All Rights Reserved. Published with permission by Orange Police Department Gun Violence Restraining Orders - 301 (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 Records Manager 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 Bureau 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 personnel, for compliance with this policy, department procedures, and state law. (f)Developing and maintaining procedures for personnel 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). 346.10 RENEWAL OF GUN VIOLENCE RESTRAINING ORDERS The Investigative Services Division 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). 346.11 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). 346.12 TRAINING The Training Bureau Sergeant should ensure that members receive periodic training on the requirements of this policy (Penal Code § 18108). Policy 347 Orange Police Department Orange PD Policy Manual Copyright Lexipol, LLC 2021/04/08, All Rights Reserved. Published with permission by Orange Police Department Department Use of Social Media - 302 Department Use of Social Media 347.1 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). 347.1.1 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 347.2 POLICY The Orange Police Department may use social media as a method of effectively informing the public about department services, issues, investigations and other relevant events. Department employees shall ensure that the use or access of social media is done in a manner that protects the constitutional rights of all. 347.3 AUTHORIZED USERS Only employees authorized by the Chief of Police or the authorized designee may utilize social media on behalf of the Department. Authorized employees should 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 employees who are not authorized to post should be made through the employee’s chain of command. 347.4 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. Orange Police Department Orange PD Policy Manual Department Use of Social Media Copyright Lexipol, LLC 2021/04/08, All Rights Reserved. Published with permission by Orange Police Department Department Use of Social Media - 303 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. 347.4.1 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. 347.5 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 Orange Police Department or its employees. (e)Any information that could compromise the safety and security of department operations, emplyees 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 employee 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. 347.6 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. Orange Police Department Orange PD Policy Manual Department Use of Social Media Copyright Lexipol, LLC 2021/04/08, All Rights Reserved. Published with permission by Orange Police Department Department Use of Social Media - 304 347.7 RETENTION OF RECORDS The Support Services Division Commander 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. No post or comment shall be deleted unless it is in violation of our terms of use or at the direction of the Chief of Police. 347.8 TRAINING Authorized employees 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. Policy 348 Orange Police Department Orange PD Policy Manual Copyright Lexipol, LLC 2021/04/08, All Rights Reserved. Published with permission by Orange Police Department Restraint Chair - 305 Restraint Chair 348.1 PURPOSE AND SCOPE The purpose of the departmentally approved Restraint Chair is to provide a safe and humane manner in which sworn Orange Police Department personnel control uncooperative arrestees resisting the collection of a blood sample pursuant to California Vehicle Code Section 23612, a lawfully obtained search warrant pursuant to California Penal Code 1524, or exigent circumstances. The restraint chair is intended to help reduce risk of physical harm to the arrestee, medical personnel responsible for collecting the evidence, and the officers involved in the collection of a blood sample. The restraint chair shall only be used for the purposes of blood collection and never be used for an arrestee’s passive refusals as a means of punishment. 348.2 AUTHORIZATION The Watch Commander shall be notified of the arrest and the arrestee’s refusal to provide a blood sample. After the arrestee has been given sufficient opportunities to comply voluntarily, the Watch Commander will evaluate the circumstances and may authorize the placement of the arrestee into the Restraint Chair for the purpose of safely obtaining a blood sample. The Watch Commander or his/her designee shall be present when the arrestee is placed into the restraint chair and shall supervise the blood draw. Use of the restraint chair shall be documented and audio/video recorded. 348.3 CONDITIONS FOR USE The departmentally approved Restraint Chair shall only be used when the following conditions exist: (a)The arrestee is in custody for California Vehicle Code Section 23140, 23152(a), 23152(a), 23153(a) or 23153(b) and has refused to provide a blood sample pursuant to the following: 1.California Vehicle Code 23612 and a lawfully obtained search warrant pursuant to California Penal Code 1524. (b)The arrestee is in custody for Health and Safety 11550 and has refused to provide a blood sample. (c)The arrestee has been given sufficient opportunities to comply voluntarily. (d)Articulable exigent circumstances exist. (e)The Watch Commander has been notified of the above qualifying factors. (f)The Watch Commander shall evaluate whether using the restraint chair is appropriate under the circumstances. (g)The Watch Commander or his/her designee shall be physically present during the use of the restraint chair. Orange Police Department Orange PD Policy Manual Restraint Chair Copyright Lexipol, LLC 2021/04/08, All Rights Reserved. Published with permission by Orange Police Department Restraint Chair - 306 (h)Location – The Restraint Chair should be placed in the Sally Port prior to seating the arrestee in the chair. (i)Only supervisors and sworn personnel properly trained in the use of the restraint chair shall be authorized to use it. (j)Personnel shall document and audio/video record the arrestee placed and secured in the restraint chair, the blood sample obtained from the arrestee and the removal of the arrestee from the restraint chair. (k)The arrestee should be removed from the restraint chair as soon as practical. 348.4 TRAINING All sworn personnel, lieutenant and below, shall be properly trained on the policies, procedures, and use of the Restraint Chair upon being hired and bi-annually in conjunction with the Court and Temporary Holding training. Training shall include: (a)Restraint Chair policy (b)Restraint Chair location for blood draws (c)How to properly secure an arrestee in the Restraint Chair (d)Documentation and notification 348.5 PROHIBITIONS The Restraint Chair shall not be used under the following conditions: (a)The restraint chair shall not be used on arrestees who are in need of medical attention. (b)The restraint chair shall not be used on arrestees who are pregnant. (c)The restraint chair shall not be used on arrestees under the age of 18. (d)Arrestees shall not be restrained in the restraint chair for any longer than is practical to safely obtain a blood sample. (e)The restraint chair shall not be used as any form of discipline or substitute for medical or psychological treatment. (f)Arrestees shall not be left unsupervised while secured in the restraint chair. 348.6 DOCUMENTATION Whenever the Restraint Chair is used the appropriate documentation shall be included in the arresting or other officers’ report. Audio/video recordings shall be uploaded into the DIMS System and/or evidence.com. 348.7 WATCH COMMANDER NOTIFICATION Whenever the Restraint Chair is used, the Watch Commander shall notify the Field Service’s Division Commander or his/her designee as soon as practical. Orange Police Department Orange PD Policy Manual Restraint Chair Copyright Lexipol, LLC 2021/04/08, All Rights Reserved. Published with permission by Orange Police Department Restraint Chair - 307 348.8 CONCLUSION FOR USE Nothing in this section prevents the use of the Restraint Chair as an urgent safety measure to help control combative, self-destructive, or violent arrestees upon the approval of the Watch Commander. Orange Police Department Orange PD Policy Manual Copyright Lexipol, LLC 2021/04/08, All Rights Reserved. Published with permission by Orange Police Department Patrol Operations - 308 Chapter 4 - Patrol Operations Policy 400 Orange Police Department Orange PD Policy Manual Copyright Lexipol, LLC 2021/04/08, All Rights Reserved. Published with permission by Orange Police Department Patrol Function - 309 Patrol Function 400.1 PURPOSE AND SCOPE The purpose of this policy is to define the patrol function and address intra organizational cooperation and information sharing. 400.2 TERRORISM It is the goal of the Orange Police Department to make every reasonable effort to accurately and appropriately gather and report any information that may relate to either foreign or domestic terrorism. Officer should advise a supervisor as soon as practicable of any activity believed to be terrorism related and should document such incidents with a written report or Field Interview (FI). The supervisor should ensure that all terrorism related reports and FIs are forwarded to the Investigative Services Division Supervisor and to the appropriate investigative agencies in a timely fashion. 400.3 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 California Penal Code reference 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. 400.3.1 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 (refer to the California Education Code). The designated department staff member will work with this liaison regarding relevant issues, scheduled events, training and crowd control. Orange Police Department Orange PD Policy Manual Patrol Function Copyright Lexipol, LLC 2021/04/08, All Rights Reserved. Published with permission by Orange Police Department Patrol Function - 310 400.4 FUNCTION Patrol will generally be conducted by uniformed officers in clearly marked law enforcement vehicles in assigned jurisdictional areas of Orange. 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. 400.5 POLICY The Orange 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. Policy 401 Orange Police Department Orange PD Policy Manual Copyright Lexipol, LLC 2021/04/08, All Rights Reserved. Published with permission by Orange Police Department Bias-Based Policing - 311 Bias-Based Policing 401.1 PURPOSE AND SCOPE This policy provides guidance to department employees that affirms the Orange 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 Orange 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 Employees shall not collect information from a person based on religious belief, practice, affiliation, national origin or ethnicity unless permitted under state or federal law (refer to the California Government Code). Employees shall not assist federal government authorities (refer to the California Government Code): (a)In compiling personal information about a person’s religious belief, practice, affiliation, national origin or ethnicity. Orange Police Department Orange PD Policy Manual Bias-Based Policing Copyright Lexipol, LLC 2021/04/08, All Rights Reserved. Published with permission by Orange Police Department Bias-Based Policing - 312 (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. 401.4 EMPLOYEE'S RESPONSIBILITIES Every employee 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. Employees should, when reasonable to do so, intervene to prevent any biased- based actions by another employee. 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. 401.5 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. (a)Supervisors should document these periodic reviews. (b)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 employee of this department who discloses information concerning bias-based policing. Orange Police Department Orange PD Policy Manual Bias-Based Policing Copyright Lexipol, LLC 2021/04/08, All Rights Reserved. Published with permission by Orange Police Department Bias-Based Policing - 313 401.6 ADMINISTRATION Each year, the Field Services Division Commander 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. 401.7 TRAINING Training on fair and objective policing and review of this policy should be conducted as directed by the Training Bureau. (a)All sworn police officers 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 employees of this department are encouraged to familiarize themselves with and consider racial and cultural differences among members of this community. (c)Each sworn police officer 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 (refer to the California Penal Code). 401.8 REPORTING TO CALIFORNIA DEPARTMENT OF JUSTICE The Legal Affairs Lieutenant 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 Records Manager for required reporting to the DOJ (refer to the California Penal Code). See the Records Bureau Policy. Supervisors should ensure that data stop reports are provided to the Records Manager for required annual reporting to the DOJ (refer to the California Government Code) (See Records Bureau Policy). Policy 402 Orange Police Department Orange PD Policy Manual Copyright Lexipol, LLC 2021/04/08, All Rights Reserved. Published with permission by Orange Police Department Briefing Training - 314 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 Departmental Directives or changes in Departmental Directives (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 Bureau Sergeant for inclusion in training records, as appropriate. Policy 403 Orange Police Department Orange PD Policy Manual Copyright Lexipol, LLC 2021/04/08, All Rights Reserved. Published with permission by Orange Police Department Crime and Disaster Scene Integrity - 315 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 Orange 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. Orange Police Department Orange PD Policy Manual Crime and Disaster Scene Integrity Copyright Lexipol, LLC 2021/04/08, All Rights Reserved. Published with permission by Orange Police Department Crime and Disaster Scene Integrity - 316 403.5 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 officer 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 (refer to the California Health and Safety Code). Policy 404 Orange Police Department Orange PD Policy Manual Copyright Lexipol, LLC 2021/04/08, All Rights Reserved. Published with permission by Orange Police Department Crisis Response Unit - 317 Crisis Response Unit 404.1 PURPOSE AND SCOPE The Crisis Response Unit (CRU) is comprised of two specialized teams: the Crisis Negotiation Team (CNT) and the Special Weapons and Tactics Team (SWAT). The unit has been established to provide specialized support in handling critical field operations where intense negotiations and/or special tactical deployment methods beyond the capacity of field officers appear to be reasonable. This policy is written to comply with the guidelines established in the Attorney General’s Commission on Special Weapons and Tactics Report (September 2002) and the POST 2005 SWAT Operational Guidelines and Standardized Training Recommendations (Penal Code § 13514.1). 404.1.1 OPERATIONAL AND ADMINISTRATIVE POLICY The Policy Manual sections pertaining to the Crisis Response Unit are divided into Administrative and Operational Policy and Procedures. Since situations that necessitate the need for such a police response vary greatly from incident to incident and such events often demand on-the- scene evaluation, the Operational Policy outlined in this manual section serves as a guideline to department personnel allowing for appropriate on scene decision making as required. The Administrative Procedures, however, are more restrictive and few exceptions should be taken. 404.1.2 SWAT TEAM DEFINED A SWAT team is a designated unit of law enforcement officers that is specifically trained and equipped to work as a coordinated team to resolve critical incidents that are so hazardous, complex, or unusual that they may exceed the capabilities of first responders or investigative units including, but not limited to, hostage taking, barricaded suspects, snipers, terrorist acts and other high-risk incidents. As a matter of department policy, such a unit may also be used to serve high- risk warrants, both search and arrest, where public and officer safety issues reasonably justify the use of such a unit. 404.2 LEVELS OF CAPABILITY/TRAINING 404.2.1 LEVEL I A level I SWAT team is a basic team capable of providing containment and intervention with critical incidents that exceed the training and resources available to line-level officers. This does not include ad hoc teams of officers that are formed around a specific mission, detail or incident (e.g. active shooter response). Generally 5% of the basic team’s on-duty time should be devoted to training. 404.2.2 LEVEL II A level II, Intermediate level SWAT team is capable of providing containment and intervention. Additionally, these teams possess tactical capabilities above the Level I teams. These teams may or may not work together on a daily basis, but are intended to respond to incidents as a team. At Orange Police Department Orange PD Policy Manual Crisis Response Unit Copyright Lexipol, LLC 2021/04/08, All Rights Reserved. Published with permission by Orange Police Department Crisis Response Unit - 318 least 5% of their on-duty time should be devoted to training with supplemental training for tactical capabilities above the Level I team. 404.2.3 LEVEL III A Level III, Advanced level SWAT team is a SWAT team whose personnel function as a full- time unit. Generally 25% of their on-duty time is devoted to training. Level III teams operate in accordance with contemporary best practices. Such units possess both skills and equipment to utilize tactics beyond the capabilities of Level I and Level II teams. 404.3 POLICY It shall be the policy of this department to maintain a SWAT team and to provide the equipment, manpower, and training necessary to maintain a SWAT team. The SWAT team should develop sufficient resources to perform three basic operational functions: (a)Command and Control (b)Containment (c)Entry/Apprehension/Rescue It is understood it is difficult to categorize specific capabilities for critical incidents. Training needs may vary based on the experience level of the team personnel, team administrators and potential incident commanders. Nothing in this policy shall prohibit individual teams from responding to a situation that exceeds their training levels due to the exigency of the circumstances. The preservation of innocent human life is paramount. 404.3.1 POLICY CONSIDERATIONS A needs assessment should be conducted to determine the type and extent of SWAT missions and operations appropriate to this department. The assessment should consider the team’s capabilities and limitations and should be reviewed annually by the SWAT Commander or his/ her designee. 404.3.2 ORGANIZATIONAL PROCEDURES This department shall develop a separate written set of organizational procedures which should address, at minimum, the following: (a)Locally identified specific missions the team is capable of performing. (b)Team organization and function. (c)Personnel selection and retention criteria. (d)Training and required competencies. (e)Procedures for activation and deployment. (f)Command and control issues, including a clearly defined command structure. (g)Multi-agency response. (h)Out-of-jurisdiction response. Orange Police Department Orange PD Policy Manual Crisis Response Unit Copyright Lexipol, LLC 2021/04/08, All Rights Reserved. Published with permission by Orange Police Department Crisis Response Unit - 319 (i)Specialized functions and supporting resources. 404.3.3 OPERATIONAL PROCEDURES This department shall develop a separate written set of operational procedures in accordance with the determination of their level of capability, using sound risk reduction practices. The operational procedures should be patterned after the National Tactical Officers Association Suggested SWAT Best Practices. Because such procedures are specific to CRU members and will outline tactical and officer safety issues, they are not included within this policy. The operational procedures should include, at minimum, the following: (a)Designated personnel responsible for developing an operational or tactical plan prior to, and/or during SWAT operations (time permitting). 1.All SWAT team members should have an understanding of operational planning. 2.SWAT team training should consider planning for both spontaneous and planned events. 3.SWAT teams should incorporate medical emergency contingency planning as part of the SWAT operational plan. (b)Plans for mission briefings conducted prior to an operation, unless circumstances require immediate deployment. 1.When possible, briefings should include the specialized units and supporting resources. (c)Protocols for a sustained operation should be developed which may include relief, rotation of personnel and augmentation of resources. (d)When time/circumstances permit, a generic checklist to be worked through prior to initiating a tactical action as a means of conducting a threat assessment to determine the appropriate response and resources necessary, including the use of SWAT. (e)The appropriate role for a trained negotiator. (f)A standard method of determining whether or not a warrant should be regarded as high-risk. (g)A method for deciding how best to serve a high-risk warrant with all reasonably foreseeable alternatives being reviewed in accordance with risk/benefit criteria prior to selecting the method of response. (h)Post incident scene management including: 1.Documentation of the incident. 2.Transition to investigations and/or other units. 3.Debriefing after every deployment of the SWAT team. (a)After-action team debriefing provides evaluation and analysis of critical incidents and affords the opportunity for individual and team assessments, helps to identify training needs, and reinforces sound risk management practices. Orange Police Department Orange PD Policy Manual Crisis Response Unit Copyright Lexipol, LLC 2021/04/08, All Rights Reserved. Published with permission by Orange Police Department Crisis Response Unit - 320 (b)Such debriefing should not be conducted until involved officers have had the opportunity to individually complete necessary reports or provide formal statements. (c)In order to maintain candor and a meaningful exchange, debriefing will generally not be recorded. (d)When appropriate, debriefing should include specialized units and resources. (i)Sound risk management analysis. (j)Standardization of equipment deployed. 404.4 TRAINING NEEDS ASSESSMENT The CRU Commander shall conduct an annual SWAT Training needs assessment to ensure that training is conducted within team capabilities, department policy and the training guidelines as established by POST (11 C.C.R. § 1084). 404.4.1 INITIAL TRAINING SWAT team members and SWAT supervisors/team leaders should not be deployed as an operator until successful completion of the POST-certified Basic SWAT Course or its equivalent. (a)To avoid unnecessary or redundant training, previous training completed by members may be considered equivalent when the hours and content (topics) meet or exceed department requirements or POST standardized training recommendations. 404.4.2 UPDATED TRAINING Both the SWAT and Crisis Negotiation Teams shall participate in specialized training for their specific functions. SWAT team operators and SWAT supervisors/team leaders should complete update or refresher training as certified by POST, or its equivalent, every 24 months. 404.4.3 SUPERVISION AND MANAGEMENT TRAINING Command and executive personnel are encouraged to attend training for managing the CRU function at the organizational level to ensure personnel who provide active oversight at the scene of CRU operations understand the purpose and capabilities of the teams. Command personnel who may assume incident command responsibilities should attend SWAT or Critical Incident Commander course or its equivalent. SWAT command personnel should attend a POST-certified SWAT commander or tactical commander course, or its equivalent. 404.4.3 SWAT ONGOING TRAINING Training shall be coordinated by the CRU Commander. The CRU Commander may conduct monthly training exercises that include a review and critique of personnel and their performance in the exercise in addition to specialized training. Training shall consist of the following: Orange Police Department Orange PD Policy Manual Crisis Response Unit Copyright Lexipol, LLC 2021/04/08, All Rights Reserved. Published with permission by Orange Police Department Crisis Response Unit - 321 (a)Each SWAT member shall perform a physical fitness test twice each year. A minimum qualifying score must be attained by each team member. (b)Any SWAT team member failing to attain the minimum physical fitness qualification score will be notified of the requirement to retest and attain a qualifying score. Within 30 days of the previous physical fitness test date, the member required to qualify shall report to a team supervisor and complete the entire physical fitness test. Failure to qualify after a second attempt may result in dismissal from the team. (c)Those members who are on vacation, ill, or are on light duty status with a doctor’s note of approval on the test date, shall be responsible for reporting to a team supervisor and taking the test within 30 days of their return to regular duty. Any member, who fails to arrange for and perform the physical fitness test within the 30-day period, shall be considered as having failed to attain a qualifying score for that test period. (d)Quarterly, each SWAT team member shall perform the mandatory SWAT handgun qualification course. The qualification course shall consist of the SWAT Basic Drill for the handgun. Failure to qualify will require that officer to seek remedial training from a team range master approved by the CRU Commander. Team members who fail to qualify must retest within 30 days. Failure to qualify within 30 days with or without remedial training may result in dismissal from the team. (e)Each SWAT team member shall complete the quarterly SWAT qualification course for any weapon issued to, or used by, the team member during SWAT operations. Failure to qualify will require the team member to seek remedial training from the Firearms Training Staff who has been approved by the CRU commander. Team members who fail to qualify on their weapon may not utilize the weapon on SWAT operations until qualified. Team members who fail to qualify must retest within 30 days. Failure to qualify with weapons within 30 days may result in the team member being removed from the team or permanently disqualified from use of that particular weapon. 404.4.5 TRAINING SAFETY Use of a designated safety officer should be considered for all tactical training. 404.4.6 SCENARIO BASED TRAINING CRU should participate in scenario-based training that simulates the tactical operational environment. Such training is an established method of improving performance during an actual deployment. 404.4.7 TRAINING DOCUMENTATION Individual and team training shall be documented and records maintained by the Training and Personnel. Such documentation shall be maintained in each member's individual training file. A separate agency SWAT training file shall be maintained with documentation and records of all team training. 404.5 UNIFORMS, EQUIPMENT, AND FIREARMS Orange Police Department Orange PD Policy Manual Crisis Response Unit Copyright Lexipol, LLC 2021/04/08, All Rights Reserved. Published with permission by Orange Police Department Crisis Response Unit - 322 404.5.1 UNIFORMS SWAT teams from this agency should wear uniforms that clearly identify team members as law enforcement officers. It is recognized that certain tactical conditions may require covert movement. Attire may be selected appropriate to the specific mission. 404.5.2 EQUIPMENT SWAT teams from this agency should be adequately equipped to meet the specific mission(s) identified by the agency. 404.5.2 OPERATIONAL READINESS INSPECTIONS The CRU Commander shall appoint a CRU supervisor to perform operational readiness inspections of all unit equipment at least quarterly. The result of the inspection will be forwarded to the CRU Commander in writing. The inspection will include personal equipment issued to members of the unit, operational equipment maintained in the CRU facility and equipment maintained or used in CRU vehicles. 404.5.3 FIREARMS Weapons and equipment used by SWAT, the specialized units, and the supporting resources should be agency-issued or approved, including any modifications, additions, or attachments. 404.6 MANAGEMENT/SUPERVISION OF CRISIS RESPONSE UNIT The Commander of the CRU shall be selected by the Chief of Police upon recommendation of staff. 404.6.1 PRIMARY UNIT MANAGER Under the direction of the Chief of Police, through the Field Services Division Commander, the Crisis Response Unit shall be managed by a lieutenant. 404.6.2 TEAM SUPERVISORS The Crisis Negotiation Team and the Special Weapons and Tactics Team will be supervised by a sergeant. The team supervisors shall be selected by the Chief of Police upon specific recommendation by staff and the CRU Commander. The following represent the supervisor responsibilities for the Crisis Response Unit. (a)The Negotiation Team supervisor's primary responsibility is to supervise the operations of the Negotiation Team which will include deployment, training, first line participation, and other duties as directed by the CRU Commander. (b)The Special Weapons and Tactics Team supervisor's primary responsibility is to supervise the operations of the SWAT Team, which will include deployment, training, first line participation, and other duties as directed by the CRU Commander. Orange Police Department Orange PD Policy Manual Crisis Response Unit Copyright Lexipol, LLC 2021/04/08, All Rights Reserved. Published with permission by Orange Police Department Crisis Response Unit - 323 404.7 CRISIS NEGOTIATION TEAM ADMINISTRATIVE PROCEDURES The Crisis Negotiation Team has been established to provide skilled verbal communicators who may be utilized to attempt to de-escalate and effect surrender in critical situations where suspects have taken hostages, barricaded themselves, or have suicidal tendencies. The following procedures serve as directives for the administrative operation of the Crisis Negotiation Team. 404.7.1 SELECTION OF PERSONNEL Interested sworn personnel, who are off probation, shall submit a memorandum of interest to the Field Services Division Commander or his/her designee. A copy will be forwarded to the CRU Commander and the Crisis Negotiation Team supervisor. Qualified applicants will then be invited to an oral interview. The oral board will consist of the CRU Commander, the Crisis Negotiation Team supervisor, and a third person to be selected by the two. Interested personnel shall be evaluated by the following criteria: (a)Recognized competence and ability as evidenced by performance. (b)Demonstrated good judgment and understanding of critical role of negotiator and negotiation process. (c)Effective communication skills to ensure success as a negotiator. (d)Special skills, training, or appropriate education as it pertains to the assignment. (e)Commitment to the unit, realizing that the assignment may necessitate unusual working hours, conditions, and training obligations. The oral board shall submit a list of successful applicants to staff for final selection. 404.7.2 TRAINING OF NEGOTIATORS Those officers selected as members of the Negotiation Team should attend the Basic Negotiators Course as approved by the Commission on Peace Officer Standards and Training (POST) prior to primary use in an actual crisis situation. Untrained officers may be used in a support or training capacity. Additional training will be coordinated by the team supervisor. A minimum of one training day per quarter will be required to provide the opportunity for role playing and situational training necessary to maintain proper skills. This will be coordinated by the team supervisor. Continual evaluation of a team member's performance and efficiency as it relates to the positive operation of the unit shall be conducted by the team supervisor. Performance and efficiency levels, established by the team supervisor, will be met and maintained by all team members. Any member of the Negotiation Team who performs or functions at a level less than satisfactory shall be subject to dismissal from the unit. 404.8 SWAT TEAM ADMINISTRATIVE PROCEDURES The following procedures serve as guidelines for the operational deployment of SWAT. It is recognized that all members of SWAT may not be activated for certain situations such as high- Orange Police Department Orange PD Policy Manual Crisis Response Unit Copyright Lexipol, LLC 2021/04/08, All Rights Reserved. Published with permission by Orange Police Department Crisis Response Unit - 324 risk search warrant service, dignitary/VIP protection, crowd control and riot control. This decision shall be at the discretion of the SWAT commander. 404.8.1 SELECTION OF PERSONNEL Interested sworn personnel who are off probation shall submit a memorandum of interest to the Field Services Division Commander, a copy of which will be forwarded to the CRU Commander and other SWAT supervisors. Those qualifying applicants will then be invited to participate in the testing process. The order of the tests will be given at the discretion of the CRU Commander. The testing process will consist of an oral board, physical agility, firearm qualification, and team evaluation. (a)Oral board: The oral board will consist of personnel selected by the CRU Commander. Applicants will be evaluated by the following criteria: 1.Recognized competence and ability as evidenced by performance; 2.Demonstrated good judgment and understanding of critical role of SWAT member; 3.Special skills, training, or appropriate education as it pertains to this assignment; and, 4.Commitment to the unit, realizing that the additional assignment may necessitate unusual working hours, conditions, and training obligations. (b)Physical agility: The physical agility test is designed to determine the physical capabilities of the applicant as it relates to performance of SWAT-related duties. The test and scoring procedure will be established by the CRU Commander. A minimum qualifying score shall be attained by the applicant to be considered for the position. (c)Firearm qualification: Candidates will be invited to shoot the qualification course. A minimum qualifying score must be attained to qualify. (d)Team evaluation: Current team members will evaluate each candidate on his or her field tactical skills, teamwork, ability to work under stress, communication skills, judgment, and any special skills that could benefit the team. (e)A list of successful applicants shall be submitted to staff, by the CRU Commander, for final selection. 404.8.2 TEAM EVALUATION Continual evaluation of a team member’s performance and efficiency as it relates to the positive operation of the unit shall be conducted by the CRU Commander. The performance and efficiency level, as established by the team supervisor, will be met and maintained by all SWAT Team members. Any member of the SWAT Team who performs or functions at a level less than satisfactory shall be subject to dismissal from the team. 404.9 OPERATION GUIDELINES FOR CRISIS RESPONSE UNIT The following procedures serve as guidelines for the operational deployment of the Crisis Response Unit. Generally, the Special Weapons and Tactics Team and the Crisis Negotiation Orange Police Department Orange PD Policy Manual Crisis Response Unit Copyright Lexipol, LLC 2021/04/08, All Rights Reserved. Published with permission by Orange Police Department Crisis Response Unit - 325 Team will be activated together. It is recognized, however, that a tactical team may be used in a situation not requiring the physical presence of the Crisis Negotiation Team such as warrant service operations. This shall be at the discretion of the CRU Commander. Conversely, the Crisis Negotiation Team may be used in a situation not requiring deployment of the Special Weapons and Tactics Team. 404.9.1 ON-SCENE DETERMINATION The supervisor in charge on the scene of a particular event will assess whether the Crisis Response Unit is to respond to the scene. Upon final determination by the Field Services Division Commander, the Watch Commander or his/her designee, he/she will notify the CRU Commander. 404.9.2 APPROPRIATE SITUATIONS FOR USE OF CRISIS RESPONSE UNIT The following are examples of incidents which may result in the activation of the Crisis Response Unit: (a)Barricaded suspects who refuse an order to surrender. (b)Incidents where hostages are taken. (c)Cases of suicide threats. (d)Arrests of dangerous persons. (e)Any situation that could enhance the ability to preserve life, maintain social order, and ensure the protection of property. 404.9.3 OUTSIDE AGENCY REQUESTS Requests by field personnel for assistance from outside agency crisis units must be approved by the Watch Commander. Deployment of the Orange Police Department Crisis Response Unit in response to requests by other agencies must be authorized by a Division Commander. 404.9.4 MULTI-JURISDICTIONAL SWAT OPERATIONS The SWAT team, including relevant specialized units and supporting resources, should develop protocols, agreements, MOU’s, or working relationships to support multi-jurisdictional or regional responses. (a)If it is anticipated that multi-jurisdictional SWAT operations will regularly be conducted; SWAT multi-agency and multi-disciplinary joint training exercises are encouraged. (b)Members of the Orange Police Department SWAT team shall operate under the policies, procedures and command of the Orange Police Department when working in a multi-agency situation. 404.9.5 MOBILIZATION OF CRISIS RESPONSE UNIT The On-Scene supervisor shall make a request to the Watch Commander for the Crisis Response Unit. The Watch Commander shall then notify the CRU Commander. If unavailable, a SWAT team supervisor shall be notified. A current mobilization list shall be maintained in the Watch Commander's office by the CRU Commander. The Watch Commander will then notify the Field Services Division Commander or his/her designee as soon as practical. Orange Police Department Orange PD Policy Manual Crisis Response Unit Copyright Lexipol, LLC 2021/04/08, All Rights Reserved. Published with permission by Orange Police Department Crisis Response Unit - 326 The Watch Commander should advise the CRU Commander with as much of the following information which is available at the time: (a)The number of suspects, known weapons and resources. (b)If the suspect is in control of hostages. (c)If the suspect is barricaded. (d)The type of crime involved. (e)If the suspect has threatened or attempted suicide. (f)The location of the command post and a safe approach to it. (g)The extent of any perimeter and the number of officers involved. (h)Any other important facts critical to the immediate situation and whether the suspect has refused an order to surrender. The CRU Commander or supervisor shall then call selected officers to respond. 404.9.6 FIELD UNIT RESPONSIBILITIES While waiting for the Crisis Response Unit, field personnel should, when practical and sufficient resources exist: (a)Establish an inner and outer perimeter. (b)Establish a command post outside of the inner perimeter. (c)Establish an arrest/response team. The team actions may include: 1.Securing any subject or suspect who may surrender. 2.Taking action to mitigate a deadly threat or behavior. (d)Evacuate any injured persons or citizens in the zone of danger. (e)Attempt to establish preliminary communication with the suspect. Once the CRU has arrived, all negotiations should generally be halted to allow the negotiators and SWAT time to set up. (f)Be prepared to brief the CRU Commander on the situation. (g)Plan for, and stage, anticipated resources. 404.9.7 ON-SCENE COMMAND RESPONSIBILITIES Upon arrival of the Crisis Response Unit at the scene, the Incident Commander shall brief the CRU Commander and team supervisors about the situation. Upon review, it will be the Incident Commander's decision, with input from the CRU Commander, whether to deploy the Crisis Response Unit. Once the Incident Commander authorizes deployment, the CRU Commander will be responsible for the tactical portion of the operation. The Incident Commander shall continue supervision of the command post operation, outer perimeter security, and support for the Crisis Response Unit. The Incident Commander and the CRU Commander (or his or her designee) shall maintain communications at all times. Orange Police Department Orange PD Policy Manual Crisis Response Unit Copyright Lexipol, LLC 2021/04/08, All Rights Reserved. Published with permission by Orange Police Department Crisis Response Unit - 327 404.9.8 COMMUNICATION WITH CRISIS RESPONSE UNIT PERSONNEL With the exception of designated command personnel or liaison officer(s) personnel should refrain from any non-emergency contact or interference with any member of the unit during active negotiations. Operations require the utmost in concentration by involved personnel and, as a result, no one should interrupt or communicate with Crisis Team personnel directly. All non- emergency communications shall be channeled through the Negotiation Team Sergeant or his or her designee. Policy 405 Orange Police Department Orange PD Policy Manual Copyright Lexipol, LLC 2021/04/08, All Rights Reserved. Published with permission by Orange Police Department Ride-Along Policy - 328 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 Orange Police Department Ride-Along Program is offered to residents, students and those employed within the City. 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 one full shift. Exceptions to this schedule may be made as approved by the Chief of Police, Division Commander, or Watch Commander. 405.2 PROCEDURE TO REQUEST A RIDE-ALONG Generally, ride-along requests will be scheduled by the Training and Personnel. 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 Training and Personnel Supervisor 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, Orange Police Volunteers, Chaplains, Reserves, police applicants, and all others with approval of the Watch Commander. Orange Police Department Orange PD Policy Manual Ride-Along Policy Copyright Lexipol, LLC 2021/04/08, All Rights Reserved. Published with permission by Orange Police Department Ride-Along Policy - 329 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 personnel of this department or any other law enforcement agency will not be permitted to ride-along with on-duty personnel. 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 Orange 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 Training and Personnel Supervisor 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 (b)The ride-along will not become involved in any investigation, handling of evidence, discussions with victims or suspects, or handling any police equipment Orange Police Department Orange PD Policy Manual Ride-Along Policy Copyright Lexipol, LLC 2021/04/08, All Rights Reserved. Published with permission by Orange Police Department Ride-Along Policy - 330 (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 405.5 ORANGE POLICE DEPARTMENT EXPLORER POST RIDE-ALONGS Explorer ride-alongs are permissible after approval of the post advisor. Once the post advisor has approved the Explorer for a ride-along, the following guidelines will be met: (a)The Field Services Division Commander or his/her designee will approve all explorer ride-alongs, (b)Explorers are allowed to ride one full shift, (c)Explorers, who are not at least 18 years-old, will not be allowed to ride after 2400 hours, (d)Explorers, who are not at least 18 years-old, will not be allowed to ride after 2200 hours when school is in session the following morning, (e)Explorers will wear a uniform, either Class A or B, during the ride-along, (f)Explorers must furnish their own equipment during the ride-along. Policy 406 Orange Police Department Orange PD Policy Manual Copyright Lexipol, LLC 2021/04/08, All Rights Reserved. Published with permission by Orange Police Department Hazardous Material Responses - 331 Hazardous Material Responses 406.1 PURPOSE AND SCOPE Hazardous materials present a potential harm to employees resulting from their exposure. To comply with the California Code of Regulations, 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. Personnel should consider the acronym S.I.N.: "Safety, Isolation and Notification" Safety. Do not rush into the scene and become a potential casualty without the proper Personal Protective Equipment (PPE). Isolate the scene. Deny entry to anyone not equipped to enter and do not allow contaminated or exposed persons to exit without being decontaminated. Notification. Notify the proper agency via OPD Communications. 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 shipping papers, statements from shipper or from the Emergency Response Guide (ERG) book). (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 (refer to the California Health and Safety Code). (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 (refer to the California Health and Safety). Orange Police Department Orange PD Policy Manual Hazardous Material Responses Copyright Lexipol, LLC 2021/04/08, All Rights Reserved. Published with permission by Orange Police Department Hazardous Material Responses - 332 406.3 REPORTING EXPOSURE(S) Department personnel who believe that they have been exposed to a hazardous material shall immediately report the exposure to a supervisor. 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. The exposure shall be treated as would any other on-duty illness or injury. The supervisor will complete a Supervisor Report of Injury and Workers Compensation Form. Both of these forms shall immediately be Faxed to the Risk Manager and then given to the respective division commander. The division commander shall also be given a copy of the Supervisor Log and any other reports pertaining to the incident, including a Potential Claim form, if appropriate. The supervisor or watch commander should immediately notify the division commander and Chief of Police. They will determine if the City Attorney and/or Risk Manager also need to be notified immediately. There are instances of potential exposures to a hazardous material that cannot be verified and there is no apparent immediate reaction to the exposure. In these instances, the supervisor shall document the exposure in a Supervisor Log or memorandum and make it to the attention of the appropriate division commander for their review. A copy of the Supervisor Log or memorandum shall be faxed to the Risk Manager and a copy given to the involved employee. The division commander or Risk Manager may direct the employee for further medical examinations. 406.4 ACCIDENT/NEGLIGENT CHEMICAL AND MATERIAL SPILLS - USER SERVICE FEE (a)The purpose of this section is to establish policy and procedure on the reporting of chemical and material spills for a service fee disposition. Responsible persons will be charged for all actual city costs for the time involved in rendering assistance to control or eradicate such incidents, beyond a "normal service" response. (b)Except for a negligent act, there will be no city charge for personnel or equipment during the first hour of the incident. Beyond the first hour, all personnel, special equipment, vehicles, and service ordered by the police department, necessary to mitigate the emergency, will be computed as to real cost and assessed to the responsible party. (c)The supervisor in charge of police involvement at the incident scene will be responsible for: Orange Police Department Orange PD Policy Manual Hazardous Material Responses Copyright Lexipol, LLC 2021/04/08, All Rights Reserved. Published with permission by Orange Police Department Hazardous Material Responses - 333 1.Contacting the Orange Fire Department Incident Commander to ascertain if the occurrence was accidental or involved potentially negligent owner/operator conduct, (a)If the fire department is not at the scene, the police supervisor in charge will make this determination. 2.Submit a report to each respective division commander and the department timekeeper, which must include all involved police personnel hours, equipment used, and other services rendered. (a)Obtain responsible party's name, business, addresses, phone numbers, etc., for billing purposes. (b)Ensure that all applicable hours, equipment and services are assessed. (c)Use reasonable and prudent judgment when assessing hours, equipment and services. (d)The department timekeeper will be responsible for the following duties: (a)Ascertain from each division commander that all applicable hours and expenses have been submitted, (b)Compute all personnel, equipment, and special service costs on a final report and direct a copy to each division commander. Include the time required to document and record all time submitted by timekeeper, (c)With the approval of the Chief of Police, or his/her designee, submit the costs and expenses to the Finance Department according to pre-established procedures, (d)Maintain a filing system of invoices and monitor the receipt of payments. (e)The respective division commander, or their designee, shall be responsible for the review of all reports for completeness, accuracy and proper assessment. Policy 407 Orange Police Department Orange PD Policy Manual Copyright Lexipol, LLC 2021/04/08, All Rights Reserved. Published with permission by Orange Police Department Hostage and Barricade Incidents - 334 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 Orange 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, Orange Police Department Orange PD Policy Manual Hostage and Barricade Incidents Copyright Lexipol, LLC 2021/04/08, All Rights Reserved. Published with permission by Orange Police Department Hostage and Barricade Incidents - 335 or both, oral communication in response to an emergency situation involving a hostage or the barricading of a location, and only when (refer to the California Penal Code ): (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 the U.S. Code, (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 the U.S. Code. (d)An application for an order approving the eavesdropping and complying with the requirements of the California Penal Code 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. (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. Orange Police Department Orange PD Policy Manual Hostage and Barricade Incidents Copyright Lexipol, LLC 2021/04/08, All Rights Reserved. Published with permission by Orange Police Department Hostage and Barricade Incidents - 336 (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. (h)Coordinate pursuit or surveillance vehicles and control of travel routes. Orange Police Department Orange PD Policy Manual Hostage and Barricade Incidents Copyright Lexipol, LLC 2021/04/08, All Rights Reserved. Published with permission by Orange Police Department Hostage and Barricade Incidents - 337 (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 CRU response if appropriate and apprising the CRU 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). (a)When considering restricting communication services, a supervisor should make the determination that there is reason to believe an emergency situation exists involving immediate danger of death or great bodily harm and that an interruption to communication services is necessary to protect public safety. The supervisor must ensure the Department obtains a court order, in accordance with Public Utilities Code section 7908, prior to requesting the interruption. In the case of an extreme emergency when there is insufficient time to obtain an order prior to the request, application for the order must be submitted within six hours after initiating the interruption (refer to the Public Utilities Code ). (b)California Penal Code regarding prior to requesting the interruption. Orange Police Department Orange PD Policy Manual Hostage and Barricade Incidents Copyright Lexipol, LLC 2021/04/08, All Rights Reserved. Published with permission by Orange Police Department Hostage and Barricade Incidents - 338 (c)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. (d)If six hours is not possible, then the application for the court order shall be made at the first reasonable available opportunity, but no later than 24 hours in accordance with Penal Code. (h)Ensure adequate law enforcement coverage for the remainder of the City during the incident. The supervisor should direct non-essential personnel away from the scene unless they have been summoned by the supervisor or the Communications Center. (i)Identify a media staging area outside the outer perimeter and have the department Public Information Officer or a designated temporary media representative provide media access in accordance with the News 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 CRISIS RESPONSE UNIT RESPONSIBILITIES The Incident Commander will decide, with input from the SWAT Commander, whether to deploy the SWAT during a hostage or barricade situation. Once the Incident Commander authorizes deployment, the SWAT Commander or the authorized designee will be responsible for the tactical portion of the operation. The Incident Commander shall continue supervision of the command post operation, outer perimeter security and evacuation, media access and support for SWAT. The Incident Commander and the SWAT Commander or the authorized designee shall maintain communications at all times. 407.7 REPORTING Unless otherwise relieved by a supervisor or Incident Commander, the handling officer at the scene is responsible for completion and/or coordination of incident reports. Policy 408 Orange Police Department Orange PD Policy Manual Copyright Lexipol, LLC 2021/04/08, All Rights Reserved. Published with permission by Orange Police Department Response to Bomb Calls - 339 Response to Bomb Calls 408.1 PURPOSE AND SCOPE The purpose of this policy is to provide guidelines to assist personnel of the Orange 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 Orange 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 personnel 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 employee 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 ORANGE POLICE DEPARTMENT FACILITY If the bomb threat is against the Orange 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 Orange 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. Orange Police Department Orange PD Policy Manual Response to Bomb Calls Copyright Lexipol, LLC 2021/04/08, All Rights Reserved. Published with permission by Orange Police Department Response to Bomb Calls - 340 408.4.3 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 an employee of this department receives notification of a bomb threat at a location in the City of Orange, the employee 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: (a)No evacuation of personnel and no search for a device. (b)Search for a device without evacuation of personnel. (c)Evacuation of personnel without a search for a device. (d)Evacuation of personnel and a search for a device. When a suspected bomb/explosive device has been reported, but has not been located and a large number of employees are involved, the evacuation of private property premises shall be at the discretion of a company executive and, in no case, will the assigned officer direct an evacuation. The employee 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. Orange Police Department Orange PD Policy Manual Response to Bomb Calls Copyright Lexipol, LLC 2021/04/08, All Rights Reserved. Published with permission by Orange Police Department Response to Bomb Calls - 341 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. (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. Orange Police Department Orange PD Policy Manual Response to Bomb Calls Copyright Lexipol, LLC 2021/04/08, All Rights Reserved. Published with permission by Orange Police Department Response to Bomb Calls - 342 (h)Consider evacuation of buildings and personnel near the device or inside the danger zone and the safest exit route. (i)Promptly relay available information to the Watch Commander including: 1.The time of discovery. 2.The exact location of the device. 3.A full description of the device (e.g., size, shape, markings, construction). 4.The anticipated danger zone and perimeter. 5.The areas to be evacuated or cleared. 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 Orange Police Department Orange PD Policy Manual Response to Bomb Calls Copyright Lexipol, LLC 2021/04/08, All Rights Reserved. Published with permission by Orange Police Department Response to Bomb Calls - 343 •Other law enforcement agencies, including local, state or federal agencies, such as the FBI and the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) •Other government agencies, as appropriate 408.7.3 CROWD CONTROL Only authorized members with a legitimate need should be permitted access to the scene. Spectators and other unauthorized individuals should be restricted to a safe distance as is reasonably practicable given the available resources and personnel. 408.7.4 PRESERVATION OF EVIDENCE As in any other crime scene, steps should immediately be taken to preserve the scene. The 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 409 Orange Police Department Orange PD Policy Manual Copyright Lexipol, LLC 2021/04/08, All Rights Reserved. Published with permission by Orange Police Department Mental Illness Commitments - 344 Mental Illness Commitments 409.1 PURPOSE AND SCOPE This policy provides guidelines for when officers may take a person into custody for a mental health evaluation and treatment (refer to the California Welfare and Institutions Code). 409.2 POLICY It is the policy of the Orange Police Department to protect the public and individuals through legal and appropriate use of the 72-hour treatment and mental health evaluation commitment process. 409.3 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 (refer to the California Welfare and Institutions Code). 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 (refer to the California Welfare and Institutions Code): (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 409.3.1 VOLUNTARY EVALUATION If an officer encounters an individual who may qualify for a mental health evaluation 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 mental health evaluation commitment. (b)If at any point the person changes his/her mind regarding voluntary evaluation, officers should proceed with the mental health evaluation commitment, if appropriate. (c)Document the circumstances surrounding the individual’s desire to pursue voluntary evaluation and/or admission. 409.4 CONSIDERATIONS AND RESPONSIBILITIES Any officer handling a call involving an individual who may qualify for a mental health evaluation commitment should consider, as time and circumstances reasonably permit: (a)Available information that might assist in determining the cause and nature of the person’s action or stated intentions. Orange Police Department Orange PD Policy Manual Mental Illness Commitments Copyright Lexipol, LLC 2021/04/08, All Rights Reserved. Published with permission by Orange Police Department Mental Illness Commitments - 345 (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 mental health evaluation 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. 409.4.1 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 (refer to the California Welfare and Institutions Code). 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 the California Welfare and Institutions Code, 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 (refer to the California Welfare and Institutions Code). 409.4.2 EMERGENCY MENTAL HEALTH LODGING PROCEDURES PURSUANT TO THE CALIFORNIA WELFARE AND INSTITUTION CODE SECTION The Orange County Emergency Triage Service (ETS) has assumed responsibility of mental health treatment in the county. When any person because of a mental disorder is a danger to others, or to him or her self, or gravely disabled, a peace officer may, upon reasonable cause, take the person into custody and place him/her in a state approved facility for 72-hour treatment and evaluation. 409.4.3 INJURED, ILL OR INTOXICATED PERSONS (a)If injured or ill (attempt suicide, accident, etc.), the person should be transported to a hospital emergency room for treatment, prior to the California Welfare and Institutions Code lodging. 1.If treatment will require detention for extended period of time at the hospital, the officer shall complete the California Welfare and Institutions Code application form for admission. (a)The officer shall present the application to the charge nurse for acceptance of the California Welfare and Institutions Code commitment for subsequent lodging. Orange Police Department Orange PD Policy Manual Mental Illness Commitments Copyright Lexipol, LLC 2021/04/08, All Rights Reserved. Published with permission by Orange Police Department Mental Illness Commitments - 346 (b)The officer shall obtain the signature of the charge nurse and the date and time the person was released to the hospital's custody. (b)If the California Welfare and Institutions Code subject Had Been Drinking (HBD), ETS shall be notified of his/her condition prior to transportation to their location. (a)Depending on the subject's level of intoxication, ETS may require medical screening prior to accepting the subject. ETS will not accept the subject if his/ her blood alcohol level is.15 or higher. (b)Should the subject's blood alcohol level preclude his/her admission to ETS, officers shall attempt to make arrangements for lodging through a hospital emergency room. 409.4.4 NON-INJURED OR NON-INTOXICATED SUBJECTS (a)An alternative to officers initiating 72-hour holds is available through the mental health Evaluation Team (PET). This team is only available Monday-Friday, 0800-1700 hours. 1.If the subject is not in need of medical emergency treatment, officers may request PET to respond. Once PET arrives and concludes their evaluation, they will handle the transportation and commitment. (b)If contact with the California Welfare and Institutions Code subject is not during business hours of PET, dispatch will contact emergency triage service (ETS) at (714) 834-6900. Once bed space is confirmed, the officer will transport the subject to the ETS facility at 1030 W. Warner Avenue, Santa Ana. 1.Complete application for emergency admission (refer to the California Welfare and Institutions Code) and describe the objective symptoms/behavior justifying emergency commitment. (a)Except as noted for intoxicated persons as outlined above, it is the policy of ETS to accept any mental health lodging pursuant to California Welfare and Institutions Code from a police officer. (b)The mode of transportation will be dependent upon the subject's condition and circumstances surrounding the incident. Generally, those subjects in need of medical care and those who are violent should be transported via ambulance. 2.The lodging officer may indicate on the California Welfare and Institutions Code lodging form that criminal charges may be filed on the person and that the officer is to be notified if the person is either not detained or is to be released prior to the 72 hour evaluation period. (a)The hospital shall make the above notification via phone to the watch commander prior to the subject's release from treatment. Orange Police Department Orange PD Policy Manual Mental Illness Commitments Copyright Lexipol, LLC 2021/04/08, All Rights Reserved. Published with permission by Orange Police Department Mental Illness Commitments - 347 409.5 TRANSPORTATION When transporting any individual for a mental health evaluation commitment, the transporting officer should have the Communications Center 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. 409.6 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 mental health evaluation 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 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. 409.7 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 (refer to the California Welfare and Institutions Code). The officer should also provide a verbal summary to any evaluating staff member regarding the circumstances leading to the involuntary detention. 409.7.1 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. Orange Police Department Orange PD Policy Manual Mental Illness Commitments Copyright Lexipol, LLC 2021/04/08, All Rights Reserved. Published with permission by Orange Police Department Mental Illness Commitments - 348 (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 (refer to the California Welfare and Institutions Code ). 409.8 ORANGE COUNTY CHIEFS OF POLICE AND SHERIFF'S ASSOCIATION PROTOCOL FOR ADULT MENTAL HEALTH EVALUATION COMMITMENTS On August 2, 2006, Operational and Procedural Protocol #122 was adopted by the Orange County Chiefs of Police and Sheriff's Association. The following information is taken directly from this protocol, entitled "Adult Mental Health Evaluation (refer to the California Welfare and Institutions Code) Commitments to Orange County Designated Mental Health Facilities/Hospitals." The language used from the original document is nearly identical, only the numbers of each section has been changed to coincide with the formatting used by Lexipol. 409.8.1 PURPOSE To educate and provide a tool for consistency among all Orange County Law Enforcement Agencies and all Orange County designated and non-designated mental health facilities/hospitals in the admittance by peace officers of off-street mental health patients. Note: THIS PROTOCOL DOES NOT APPLY TO JUVENILE MENTAL HEALTH PATIENTS. 409.8.2 AUTHORITY (a)California Welfare and Institutions Code, et. seq. (b)Adopted by the Orange County Chiefs of Police and Sheriff's Association on August 2, 2006. (c)Designation Title 9 §§ 820-821 and the California Welfare and Institutions Code for mental health facilities. 409.8.3 APPLICATION While the operating protocol and procedures contained herein are generally recommended for use by all Orange County law enforcement agencies, each individual agency retains the discretion to adopt, reject or modify any portion of these guidelines in accordance with existing rules and regulations of that agency. 409.8.4 HISTORY Peace officers are given authority in the California Welfare and Institutions Code, upon probable cause, to take or cause to be taken, the person into custody and place him or her in a facility designated by the county and approved by the state to accept mental health patients. This person must be a danger to him or herself or others or gravely disabled. The law provides that admittance Orange Police Department Orange PD Policy Manual Mental Illness Commitments Copyright Lexipol, LLC 2021/04/08, All Rights Reserved. Published with permission by Orange Police Department Mental Illness Commitments - 349 of such a patient shall not be in excess of 72 hours, unless extended by defined mental health professionals. 409.8.5 STATUTORY The California Welfare and Institutions Code states that officers admitting a patient into a mental health facility "shall be detained no longer than the time necessary to complete documentation of the factual basis of the detention under Welfare and Institutions Code and a safe and orderly transfer of physical custody of the person." (a)The California Welfare and Institutions Code states in part that all designated facilities licensed pursuant to these sections will be well equipped to handle potentially violent individuals. These licensed designated facilities must have a security plan that is approved by their hospital administrative staff that includes considerations relating to staffing, security personnel availability, and policy and training related to appropriate responses to violent acts. Designated facilities that have emergency departments need to employ sufficient emergency department security personnel to maintain a safe environment. Law enforcement personnel transporting potentially violent individuals for mental health evaluation and treatment cannot be used in lieu of each facility's security personnel. (b)The California Welfare and Institutions Code defines a "Designated Facility" as a mental health facility designated by the County of Orange Health Care Agency and approved by the State Department of Mental Health as a facility for 72-hour mental health treatment and evaluation. A "Non-Designated Facility" is not licensed to treat any mental health condition on an involuntary basis. 409.8.6 PROTOCOL GENERAL MENTAL HEALTH ADMISSION INFORMATION: Orange County Peace Officers should present adult mental health patients who are or may be detained for a mental health evaluation into the mental health system in the following order: (a)Contact Orange County Health Care Agency / Behavioral Health Services Centralized Assessment Teams (CAT) for response to the field. Hours are located in the policy manual regarding Centralized Assessment Teams, (b)Additionally, peace officers may take the mental health patient to six Orange County Health Care Clinics throughout the County. This is a separate service from the CAT Teams, (c)If CAT is unavailable due to closure, contact ETS and advise ETS that law enforcement is transporting a patient to that location., (d)If ETS is unable to accept the patient, ETS will assist the peace officer and identify the nearest Designated Psychiatric Facility. Those facilities are identified at the conclusion of this protocol. Orange Police Department Orange PD Policy Manual Mental Illness Commitments Copyright Lexipol, LLC 2021/04/08, All Rights Reserved. Published with permission by Orange Police Department Mental Illness Commitments - 350 409.8.7 CENTRALIZED ASSESSMENT TEAMS (CAT) Orange County Health Care Agency / Behavioral Health Services Centralized Assessment Team(s) (CAT) are available Tuesday through Thursday from 0700-2200 hours and from 0700 hours Friday to 2200 hours Monday. CAT teams are available to respond throughout the county. The county-wide CAT phone number is (866) 830-6011. (a)Law enforcement should use a CAT team anytime they need a clinical intervention that may lead to a hospital diversion. CAT personnel will respond to the officer or deputies' location as long as the peace officer remains at the location until it is safe for the CAT personnel to leave, with or without the patient. (b)CAT personnel may respond to the field; however, may not go into a medical facility with the exception of an Emergency Room in both designated and non-designated facilities. CAT personnel will not physically handle a combative patient and rely on law enforcement or hospital security for this function. (c)While it is preferred that the CAT team respond into the field, another option is for peace officers to bring adult patients to the six OC/HCA clinics throughout the county. This is a service separate from the field based CAT teams. A list of these clinics and the hours of operation are provided at the end of this policy. 409.8.8 PSYCHIATRIC EVALUATION TEAM (PET TEAM) College Hospital in Costa Mesa is a Designated Mental Health Facility. This hospital has a Psychiatric Evaluation Team (PET) called the Crisis Response Team (CRT) and it is available 24 hours a day, seven days a week. They are authorized and designated by the county to complete Welfare and Institutions Code psychiatric evaluations in emergency rooms, police departments and at College Hospital Costa Mesa. They can also complete evaluations on medical floors of contracted hospitals, once authorized by the county. Their phone number is (800) 773-8001. 409.8.9 EMERGENCY TREATMENT SERVICES (ETS) ETS is the Orange County Health Care Agency's "Evaluation and Treatment Services," located at 1030 West Warner Avenue, Santa Ana. The phone number is (714) 834-6913 or 834-6900. ETS is open 24 hours a day, 7 days a week and will accept adult mental health patients absent any attendant medical or intoxicated condition. For mental health patients with these conditions, please see the below sections. For additional information regarding ETS. 409.9 CRIMINAL OFFENSES Officers investigating an individual who is suspected of committing a minor criminal offense and who is being taken on a 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 psychiatric evaluation 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. Orange Police Department Orange PD Policy Manual Mental Illness Commitments Copyright Lexipol, LLC 2021/04/08, All Rights Reserved. Published with permission by Orange Police Department Mental Illness Commitments - 351 (b)Notify the appropriate supervisor of the facts supporting the arrest and the facts that would support the mental health evaluation 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 mental health evaluation 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. 409.10 AVAILABILITY OF MENTAL HEALTH FACILITIES IN ORANGE COUNTY LAW ENFORCEMENT JURISDICTIONS All Orange County Chiefs of Police and the Orange County Sheriff agree that it is the responsibility of each agency to obtain a current list of Designated Mental Health Facilities from the Orange County Health Care Agency Behavioral Health Sciences at (714) 834-5026. A complete listing of all Designated Facilities in Orange County as of the date of the adoption of this protocol is available at the end of this of this protocol. 409.10.1 CATEGORIES OF DETENTION AND PLACEMENT All Orange County Chiefs of Police and the Orange County Sheriff agree to the following: When a peace officer has contact with a person subject to detention under the provisions of the California Welfare and Institutions Code, the peace officer should normally follow the outlined procedures. 409.10.2 NON-INJURY When the person subject to detention under the provisions of Welfare and Institutions Code has no obvious signs of a medical condition requiring immediate medical care, in addition to the mental health issue at hand, OR no obvious signs of alcohol and/or drug use that would prevent admittance into a mental health facility, officers should normally follow the procedure outlined in the California Welfare and Institutions Code as appropriate. (a)In the event the officer has questions as to whether the "hold" should be placed on the subject, the officer may call the Centralized Assessment Team (CAT) at (866) 830-6011 or (714) 517-6353, Tuesday through Thursday from 0700-2200 hours, and from 0700 hours Friday to 2200 hours Monday. (b)If the CAT responds to the field or provides an evaluation in the clinic, the staff will conduct an assessment as to the possibility of a psychiatric evaluation per the California Welfare and Institutions Code on the subject. If the decision is made by HCA/BHS staff to admit the subject as a psychiatric evaluation per the California Welfare and Institutions Code the staff will make all arrangements as to transportation, emergency room and evaluation by a designated facility. (c)Non-Injury Admittance to Orange County ETS - ETS is not a medical facility, as it relates to physical ailments. As part of ETS's intake/triage procedure, ETS Orange Police Department Orange PD Policy Manual Mental Illness Commitments Copyright Lexipol, LLC 2021/04/08, All Rights Reserved. Published with permission by Orange Police Department Mental Illness Commitments - 352 Staff will ask medical screening questions. The officer should be ready to answer questions related to the detainee such as: age, overall medical appearance, drug/ alcohol usage, whether or not the subject was seen by paramedics, any known medical problems, violence potential and what events brought the person to the attention of law enforcement. Upon completion of the medical triage, the ETS staffer will accept or not accept the subject. 409.10.3 INJURED When an officer contacts a subject whom falls within the provisions of the California Welfare and Institutions Code and the subject has an obvious medical condition and/or injury, the peace officer should contact their local fire department or paramedics and have them respond. If the patient refuses medical treatment, each agency reserves the right to proceed consistent with their policy for medical treatment refusals. (a)The patient, if not medically cleared in the field, should be transported to the closest local medical facility by the fire department and not by the peace officer. The peace officer should follow the ambulance to the medical facility and once medically cleared, have the patient mentally evaluated and housed, if appropriate. 409.10.4 INJURY ADMITTANCE TO ORANGE COUNTY ETS If ETS refuses to accept the person due to a medical condition, the peace officer should do the following: (a)Conduct an independent assessment to determine if emergency medical personnel should be summoned to the location. This assessment should include consideration of information received from ETS personnel, statements made by the person being held, the officers own observation of the person's condition and any additional information known to the officer that would help him/her to determine whether response by emergency medical assistance is reasonably necessary, (b)Notify the respective watch commander or their designee of the circumstances for ETS's refusal to accept the person. 1.The transporting agency's watch commander or designee should attempt to contact staff at ETS and make appropriate arrangements for transportation of the person to a medical facility for medical treatment, or to another designated mental health facility for admittance for a psychiatric evaluation.. 2.If the person being refused at ETS is transported to a designated facility, the officer will advise the emergency room staff that a hold has already been placed on the person and request acceptance of the person as soon as possible for the orderly transfer of custody. 3.Combative - Pursuant to California Health and Safety Code, if the subject is violent or potentially violent, the officer will have the hospital staff notified prior to his/her arrival. It is the responsibility of a designated facility to have sufficient security personnel and equipment to handle the violent or uncooperative patient, absent the assistance of the officer. The officer will remain at the facility and assist the facility security and/or medical staff in the initial restraint of the patient. Orange Police Department Orange PD Policy Manual Mental Illness Commitments Copyright Lexipol, LLC 2021/04/08, All Rights Reserved. Published with permission by Orange Police Department Mental Illness Commitments - 353 409.10.5 ORANGE COUNTY HEALTH CARE AGENCY: BEHAVIORAL HEALTH SERVICES AND ADULT MENTAL HEALTH SERVICES ADULT OUTPATIENT CLINIC LOCATIONS: •ANAHEIM 2035 E. Ball Road, Suite 200, Anaheim, 92806 o Phone: (714) 517-6300 / FAX: (714) 517-6306 o Serving (Mon-Fri): Anaheim, Anaheim Hills and Garden Grove o Service Chiefs: Ian Kemmer and Jennifer Dinicola •COSTA MESA 3115 Redhill Avenue, Costa Mesa, 92626 o Phone: (714) 850-8463 / FAX: (714) 850-8492 o Serving (Mon-Fri): Balboa, Corona Del Mar, Costa Mesa, Fountain Valley, Irvine, Newport Beach o Service Chief: Jason Austin •FULLERTON 211 W. Commonwealth Avenue, Fullerton, 92832 o Phone: (714) 447-7000 / FAX: (714) 447-7003 o Serving (Mon-Fri): Atwood, Brea, Buena Park, Fullerton, La Habra, La Palma, Placentia and Yorba Linda o Service Chief: Darren Xanthos •MISSION VIEJO 23228 Madero, Mission Viejo, 92691 o Phone: (949) 454-3940 / FAX: (949) 770-1953 o Serving (Mon-Fri): Aliso Viejo, La guns Hills, Laguna Niguel (East of Niguel @ Crown Valley Parkway), Lake Forest, Mission Viejo and San Juan Capistrano (East of 5 Fwy.) o Service Chief: Dawn Smith •SANTA ANA 1200 N. Main Street, Suite 200, Santa Ana, 92701 o Phone: (714) 480-6767 / FAX: (714) 565-4362 o Serving (Mon-Fri): El Modena, Lemon Heights, Orange, Santa Ana, Tustin and Villa Park o Service Chiefs: Karen Hoffman (PACT) and Debbie Hampton •WESTMINSTER 14140 Beach Blvd, Suite 223, Westminster, California 92683 o Phone: (714) 896-7566 / FAX: (714) 896-7408 o Serving (Mon-Fri): Cypress, Huntington Beach. Los Alamitos, Midway City, Seal Beach, Stanton, Sunset Beach and Westminster o Service Chief: Gail Libbee Orange Police Department Orange PD Policy Manual Mental Illness Commitments Copyright Lexipol, LLC 2021/04/08, All Rights Reserved. Published with permission by Orange Police Department Mental Illness Commitments - 354 CENTRALIZED PROGRAM LOCATIONS •A82034 PROGRAM 2035 E. Ball Road, Anaheim, 92805 o Phone: (714) 517-6320 / FAX: (714) 517-6306 o Service Chief: Mark Davis •ASIAN PACIFIC SERVICES 1200 N. Main Street, Suite 200, Santa Ana, 92701 o Phone: (714) 480-6767 / FAX: (714) 568-4362 o Service Chief: Tuong Nguyen •ASIAN PACIFIC SERVICES 14140 Beach Blvd., Suite 223, Westminster, 92683 o Phone: (714) 896-7566 / FAX: (714) 896-7408 o Service Chief: Suzie Dong-Matsuda •CENTRALIZED ASSESSMENT TEAM (CAT) o Phone: (866) 830-6011 o Service Chief: Greg Masters •ETS 1030 W. Warner Avenue, Santa Ana, 92707 o Phone: (714) 834-6900 / FAX: (714) 850-1066 o Service Chief: Dave Ely •PROGRAM ASSERTIVE CASE MANAGEMENT (PACT) o Phone: (714) 480-6767 o Service Chief: Karen Hoffman 409.11 FIREARMS AND OTHER WEAPONS Whenever a person is taken into custody for a mental health evaluation commitment, the handling officers should seek to determine if the person owns or has access to any firearm or other deadly weapon defined in the California Welfare and Institute.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 Orange Police Department Orange PD Policy Manual Mental Illness Commitments Copyright Lexipol, LLC 2021/04/08, All Rights Reserved. Published with permission by Orange Police Department Mental Illness Commitments - 355 of the procedure for the return of any firearm or other weapon that has been taken into custody (refer to the California Welfare and Institutions Code and see Property and Evidence Policy). 409.11.1 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 Investigative Services Division, which shall be responsible for initiating a petition to the Superior Court for a hearing in accordance with the California Welfare and Institutions Code, 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. 409.12 TRAINING This department will endeavor to provide Peace Officer Standards and Training (POST)-approved advanced officer training on interaction with persons with mental disabilities, mental health evaluation commitments and crisis intervention. Policy 410 Orange Police Department Orange PD Policy Manual Copyright Lexipol, LLC 2021/04/08, All Rights Reserved. Published with permission by Orange Police Department Cite and Release Policy - 356 Cite and Release Policy 410.1 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. 410.2 POLICY It is the policy of the Orange Police Department to release all persons arrested on misdemeanor or other qualifying charges on a citation with certain exceptions (refer to the California Penal Code). 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. 410.3 RELEASE BY CITATION Except in cases where a reason for non-release as described below exists, adults arrested for a misdemeanor offense, including a private persons arrest, shall be released from custody on a citation (refer to the California Penal Code). 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 he/she deems necessary to ensure that the defendant understands his/her written promise to appear. 410.3.1 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 (refer to the California Penal Code). 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. 410.3.2 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. 410.4 NON-RELEASE Orange Police Department Orange PD Policy Manual Cite and Release Policy Copyright Lexipol, LLC 2021/04/08, All Rights Reserved. Published with permission by Orange Police Department Cite and Release Policy - 357 410.4.1 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) 410.4.2 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 or his/her designee 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 he/she could be a danger to him/herself or to others. Release may occur as soon as this condition no longer exists. (b)The person arrested requires medical examination or medical care or is otherwise unable to care for his/her own safety 1.The Orange 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)The person has been cited, arrested, or convicted for theft from a store or vehicle in the previous six months, or there is probable cause to believe the person is guilty of committing organized retail theft, as defined in Penal Code § 490.4(a). Orange Police Department Orange PD Policy Manual Cite and Release Policy Copyright Lexipol, LLC 2021/04/08, All Rights Reserved. Published with permission by Orange Police Department Cite and Release Policy - 358 (e)There are one or more outstanding arrest warrants for the person or failures to appear in court on previous misdemeanor citations that have not been resolved (see Misdemeanor Warrants elsewhere in this policy). (f)The person could not provide satisfactory evidence of personal identification. (a)If a person released on citation does not have satisfactory identification in his/her possession, a right thumbprint or fingerprint should be obtained on the citation form. (g)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. (h)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. (i)The person arrested demands to be taken before a magistrate or has refused to sign the notice to appear. (j)There is reason to believe that the person would not appear at the time and place specified in the notice to appear. The basis for this determination shall be specifically documented. An arrest warrant or failure to appear that is currently pending shall constitute reason to believe that the person will not appear. Other reasons may include: (a)Previous failure to appear is on record (b)The person lacks ties to the area, such as a residence, job, or family (c)Unusual circumstances lead the 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 Bureau. 410.5 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 him/herself or others due to intoxication or being under the influence of drugs or narcotics Orange Police Department Orange PD Policy Manual Cite and Release Policy Copyright Lexipol, LLC 2021/04/08, All Rights Reserved. Published with permission by Orange Police Department Cite and Release Policy - 359 (f)The person requires medical examination or medical care or was otherwise unable to care for his/her own safety (g)The person has other ineligible charges pending against him/her (h)There is reasonable likelihood that the offense or offenses would continue or resume, or that the safety of persons or property would be immediately endangered by the release of the person (i)The person refuses to sign the notice to appear (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. 410.6 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 Orange City codes All other misdemeanor violations for juveniles shall be documented with a case number and the case should be referred to the Investigative Services Division for further action including diversion. 410.7 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 he/she feels the situation should be documented more thoroughly in a case report. Policy 411 Orange Police Department Orange PD Policy Manual Copyright Lexipol, LLC 2021/04/08, All Rights Reserved. Published with permission by Orange Police Department Foreign Diplomatic and Consular Representatives - 360 Foreign Diplomatic and Consular Representatives 411.1 PURPOSE AND SCOPE This policy provides guidelines to ensure that personnel of the Orange Police Department extend appropriate privileges and immunities to foreign diplomatic and consular representatives in accordance with international law. 411.2 POLICY The Orange 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. 411.3 CLAIMS OF IMMUNITY If an officer comes into contact with a person where law enforcement action may be warranted and the person claims diplomatic or consular privileges and immunities, the officer 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. Orange Police Department Orange PD Policy Manual Foreign Diplomatic and Consular Representatives Copyright Lexipol, LLC 2021/04/08, All Rights Reserved. Published with permission by Orange Police Department Foreign Diplomatic and Consular Representatives - 361 411.4 ENFORCEMENT If the DOS is not immediately available for consultation regarding law enforcement action, officers 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. (a)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: (a)Diplomatic-level staff of missions to international organizations and recognized family members (b)Diplomatic agents and recognized family members (c)Members of administrative and technical staff of a diplomatic mission and recognized family members (d)Career consular officers, unless the person is the subject of a felony warrant (e)The following persons may generally be detained and arrested: (a)International organization staff; however, some senior officers are entitled to the same treatment as diplomatic agents. (b)Support staff of missions to international organizations (c)Diplomatic service staff and consular employees; however, special bilateral agreements may exclude employees of certain foreign countries. (d)Honorary consular officers (e)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 (refer to the California Penal Code). If the individual wants his/her government notified, the officer shall begin the notification process. Orange Police Department Orange PD Policy Manual Foreign Diplomatic and Consular Representatives Copyright Lexipol, LLC 2021/04/08, All Rights Reserved. Published with permission by Orange Police Department Foreign Diplomatic and Consular Representatives - 362 411.5 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. 411.6 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 Orange Police Department Orange PD Policy Manual Foreign Diplomatic and Consular Representatives Copyright Lexipol, LLC 2021/04/08, All Rights Reserved. Published with permission by Orange Police Department Foreign Diplomatic and Consular Representatives - 363 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 412 Orange Police Department Orange PD Policy Manual Copyright Lexipol, LLC 2021/04/08, All Rights Reserved. Published with permission by Orange Police Department Immigration Violations - 364 Immigration Violations 412.1 PURPOSE AND SCOPE The purpose of this policy is to provide guidelines to personnel of the Orange Police Department relating to immigration and interacting with federal immigration officials. 412.1.1 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. 412.2 POLICY It is the policy of the Orange Police Department that all personnel 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. 412.3 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, personnel shall treat all individuals equally and not in any way that would violate the United States or California constitutions. 412.4 IMMIGRATION INQUIRIES PROHIBITED Officers shall not inquire into an individual’s immigration status for immigration enforcement purposes (refer to the California Government Code). 412.4.1 CIVIL VS. CRIMINAL FEDERAL OFFENSES An individual who enters into the United States illegally has committed a misdemeanor (refer to the U.S. Code). Generally, an alien who initially made a legal entry into the United States but has remained beyond what is a legal period of time has committed a federal civil offense. Orange Police Department Orange PD Policy Manual Immigration Violations Copyright Lexipol, LLC 2021/04/08, All Rights Reserved. Published with permission by Orange Police Department Immigration Violations - 365 Reasonable suspicion that a criminal immigration violation has occurred shall not be based on race, color, national origin or any other generalization that would cast suspicion on or stigmatize any person, except to the extent permitted by the United States or California Constitutions. Instead, the totality of circumstances shall be used to determine reasonable suspicion, and shall include factors weighing for and against reasonable suspicion. Factors that may be considered in determining reasonable suspicion that a criminal immigration violation has occurred may include, but are not limited to: (a)An admission that the person entered the United States illegally. (b)Reason to suspect that the person possesses immigration documentation that is forged, altered or otherwise indicative that the person is not legally present in the United States. (c)While a lack of English proficiency may be considered, it should not be the sole factor in establishing reasonable suspicion. When practicable, reasonable effort should be made to accommodate persons with limited English proficiency. (d)Other factors based upon training and experience. 412.4.2 IMMIGRATION CHECKS Immigration status may be determined through any of the following sources: (a)A law enforcement officer who is authorized by the federal government under the U.S. Code to verify or ascertain an alien's immigration status (sometimes referred to as a 287(g) certified officer) (b)Immigration and Customs Enforcement (ICE) (c)U.S. Customs and Border Protection (CBP) An officer shall verify from a 287(g) certified officer, ICE or CBP whether a person’s presence in the United States relates to a federal civil violation or a criminal violation. If the officer has facts that establish probable cause to believe that a person already lawfully detained has committed a criminal immigration offense, he/she may continue the detention and may request ICE or CBP to respond to the location to take custody of the detained person. In addition, the officer should notify a supervisor as soon as practicable. No individual who is otherwise ready to be released should continue to be detained only because questions about the individual’s status are unresolved. An officer is encouraged to forgo detentions made solely on the basis of a misdemeanor offense when time limitations, availability of personnel, issues of officer safety, communication capabilities or the potential to obstruct a separate investigation outweigh the need for the detention. 412.4.3 SUPERVISOR RESPONSIBILITIES When notified that an officer has detained a person and established probable cause to believe the person has committed a criminal immigration offense, the supervisor should: (a)Confirm that the detained person’s immigration status was properly verified. Orange Police Department Orange PD Policy Manual Immigration Violations Copyright Lexipol, LLC 2021/04/08, All Rights Reserved. Published with permission by Orange Police Department Immigration Violations - 366 (b)Ensure that the detained person is taken into custody when appropriate. Take any additional steps necessary that may include, but are not limited to: (a)Transfer to federal authorities. (b)Lawful arrest for a criminal offense or warrant. 412.4.4 CALIFORNIA LAW ENFORCEMENT TELECOMMUNICATIONS SYSTEM (CLETS) Personnel 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 (refer to the Government Code). Personnel 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 (refer to the Government Code). 412.5 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). 412.5.1 SUPERVISOR RESPONSIBILITIES When notified that an officer has arrested an individual for violation of the U.S. Code or under 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. Orange Police Department Orange PD Policy Manual Immigration Violations Copyright Lexipol, LLC 2021/04/08, All Rights Reserved. Published with permission by Orange Police Department Immigration Violations - 367 412.6 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 (refer to the California Government Code).. 412.7 INFORMATION SHARING No employee of this department will prohibit, or in any way restrict, any other employee from doing any of the following regarding the citizenship or immigration status, lawful or unlawful, of any individual (refer to the U.S. Code and the California Government Code): (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. 412.7.1 IMMIGRATION DETAINERS No individual should be held based solely on a federal immigration detainer under the Code of Federal Regulations (refer to the California Government Code). 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 (refer to the California Government Code): (a)The individual has been arrested and had a judicial probable cause determination for a serious or violent felony identified in the California Penal Code. (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 the California Government Code. (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. 412.7.2 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 Orange Police Department intends to comply with the request (refer to the California Government Code). Orange Police Department Orange PD Policy Manual Immigration Violations Copyright Lexipol, LLC 2021/04/08, All Rights Reserved. Published with permission by Orange Police Department Immigration Violations - 368 If the Orange 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 (refer to the California Government Code). 412.7.3 ICE INTERVIEWS Before any interview regarding civil immigration violations takes place between ICE personnel and an individual in custody, the Orange 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 with his/ her attorney present. The consent form must be available in the languages specified in the California Government Code. 412.7.4 TRANSFERS TO IMMIGRATION AUTHORITIES Personnel shall not transfer an individual to immigration authorities unless one of the following circumstances exist: (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 the California Government Code. (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. 412.7.5 REPORTING TO CALIFORNIA DEPARTMENT OF JUSTICE The Investigative Services Division supervisor shall ensure that data regarding the number of transfers of an individual to immigration authorities, as permitted by the current California Government Code, and the offense that allowed for the transfer is collected and provided to the Records Manager for required reporting to the DOJ (refer to the California Government Code and refer to the Records Bureau Policy). 412.8 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 (refer to the U.S. Code). Similar immigration protection, known as a T visa, is available for certain qualifying victims of human trafficking (refer to the U.S. Code). Any request for assistance in applying for U visa or T visa status should be forwarded in a timely manner to the Investigative Services Division supervisor assigned to oversee the handling of any related case. The Investigative Services Division supervisor should: (a)Consult with the assigned investigator to determine the current status of any related case and whether further documentation is warranted. Orange Police Department Orange PD Policy Manual Immigration Violations Copyright Lexipol, LLC 2021/04/08, All Rights Reserved. Published with permission by Orange Police Department Immigration Violations - 369 (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. (a)The instructions for completing certification and declaration forms can be found on the U.S. Department of Homeland Security (DHS) website. (b)Form I-918 Supplement B certification shall be completed if the victim qualifies under the California Penal Code (multiple serious offenses). Form I-914 Supplement B certification shall be completed if the victim qualifies under the California Penal Code in reference to 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. 412.8.1 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. 412.8.2 REPORTING TO LEGISLATURE The Investigative Services Division 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 the California Government Code and California Penal Code. 412.8.3 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). 412.9 TRAINING The Training Bureau Sergeant should ensure that all appropriate personnel receive training on immigration issues. Training should include: Orange Police Department Orange PD Policy Manual Immigration Violations Copyright Lexipol, LLC 2021/04/08, All Rights Reserved. Published with permission by Orange Police Department Immigration Violations - 370 (a)Identifying civil versus criminal immigration violations. (b)Factors that may be considered in determining whether a criminal immigration offense has been committed. (c)Prohibitions contained in the California Values Act (refer to the California Government Code). Policy 413 Orange Police Department Orange PD Policy Manual Copyright Lexipol, LLC 2021/04/08, All Rights Reserved. Published with permission by Orange Police Department Corporals' Responsibilities - 371 Corporals' Responsibilities 413.1 PURPOSE AND SCOPE Corporals shall have multiple roles and responsibilities. They shall include, but not be limited to officer-in-charge roles, Field Training Officers (FTOs) when they meet necessary requirements, and the assigning and inspection of marked units and equipment before being placed into service at the start of each shift. Corporals, when not otherwise assigned, will be responsible for handling the normal duties and functions of uniformed officers assigned to patrol. 413.2 CORPORALS AS THE OFFICER-IN-CHARGE (a)During absences of regular supervisors (sergeants and lieutenants), handles field supervision or watch commander responsibilities as required. During these periods, they will have the same responsibility and authority of the regular supervisor. These responsibilities include, but are not limited to, roll-call training, shift briefings, equipment inspections, answer job-related questions, disseminates information, directs and controls major incident scenes, visit scenes of police activity to assist and review police operations. (b)Confers with supervisors to assure proper conduct of police operations. Upon direction from higher authority, counsels officers and investigates citizen complaints. Reviews reports prepared by field officers, prepares reports pertaining to supervisory actions or involvement, and handles all responsibilities normally assigned to police officers. (c)Corporals may be assigned to investigate incidents involving a potential claim against the city, investigate accidents involving city employees, and complete all necessary reports. 413.2.1 CORPORALS AS FIELD TRAINING OFFICERS (a)All corporals should strive to complete the POST requirements of becoming a FTO. As such, corporals may be called upon to be FTOs. At the very least, corporals should make the training and development of all officers one of their primary missions. (b)Corporals should develop their training skills through conducting and/or assisting in presentations during patrol briefings, providing in-service training whenever applicable, and the continuous assessment and training of line-level officers. 413.2.2 FIELD ASSIGNMENTS OF CORPORALS (a)A corporal is expected to perform all functions normally associated with that of a patrol officer when not otherwise assigned. (b)A corporal is expected to set positive examples by promoting department standards, policies, and procedures, and, wherever possible, advance morale and voluntary compliance while maintaining a high degree of proficiency and professionalism. Orange Police Department Orange PD Policy Manual Corporals' Responsibilities Copyright Lexipol, LLC 2021/04/08, All Rights Reserved. Published with permission by Orange Police Department Corporals' Responsibilities - 372 413.2.3 OTHER ASSIGNMENTS OF CORPORALS Corporals may be assigned to other duties as directed by supervision. 413.3 SUMMARY OF THE EXPECTATIONS OF ALL CORPORALS (a)Corporals will be viewed as the officer-in-charge in the absence of a sergeant or during periods of special assignments. Corporals are subordinate to all sergeants regardless of the sergeant's assignment. (b)Persons assigned to the position for corporal have been selected because of their demonstrated ability and potential to become good supervisors. They should be afforded training opportunities to enhance their supervisory skills. (c)Corporals shall be held accountable for their responsibilities as required by this Policy. Upon appointment to the position of corporal, they shall read and sign a copy of this Policy and it shall be placed in their Division File. Policy 414 Orange Police Department Orange PD Policy Manual Copyright Lexipol, LLC 2021/04/08, All Rights Reserved. Published with permission by Orange Police Department Aircraft Accidents - 373 Aircraft Accidents 414.1 PURPOSE AND SCOPE The purpose of this policy is to provide department officers 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. 414.1.1 DEFINITIONS Definitions related to this policy include: Aircraft - Any fixed wing aircraft, rotor craft, 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. 414.2 POLICY It is the policy of the Orange Police Department to provide an appropriate emergency response to aircraft accidents. This includes emergency medical care and scene management. 414.2.1 WATCH COMMANDER'S RESPONSIBILITIES (a)Notify the Chief of Police, division commanders, City Manager, department heads and the PIO in a timely manner. (b)Facilitate the use of the mobile field command post. (c)If appropriate, activate the EOC. (d)If appropriate, divert personnel to the scene of the accident and liaison with neighboring agencies to field calls for service. 414.3 ARRIVAL AT SCENE Officers or other authorized personnel 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). Orange Police Department Orange PD Policy Manual Aircraft Accidents Copyright Lexipol, LLC 2021/04/08, All Rights Reserved. Published with permission by Orange Police Department Aircraft Accidents - 374 414.4 INJURIES AND CASUALTIES Personnel 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. 414.5 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) 414.6 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. Orange Police Department Orange PD Policy Manual Aircraft Accidents Copyright Lexipol, LLC 2021/04/08, All Rights Reserved. Published with permission by Orange Police Department Aircraft Accidents - 375 414.7 DANGEROUS MATERIALS Personnel 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. (c)Fluids, batteries, flares and igniters. (d)Evacuation chutes, ballistic parachute systems and composite materials. 414.8 DOCUMENTATION All aircraft accidents occurring within the City of Orange 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 OPD personnel deployed to assist; other City resources that were utilized; and cross reference information to other investigating agencies. Suspected criminal activity should be documented on the appropriate crime report. 414.8.1 WRECKAGE When reasonably safe, personnel 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. (a)Military aircraft may contain classified equipment and therefore shall not be photographed unless authorized by a military commanding officer (refer to the U.S. Code). (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. 414.8.2 WITNESSES Personnel 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. Orange Police Department Orange PD Policy Manual Aircraft Accidents Copyright Lexipol, LLC 2021/04/08, All Rights Reserved. Published with permission by Orange Police Department Aircraft Accidents - 376 (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. 414.9 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 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 415 Orange Police Department Orange PD Policy Manual Copyright Lexipol, LLC 2021/04/08, All Rights Reserved. Published with permission by Orange Police Department Field Training Officer Program - 377 Field Training Officer Program 415.1 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 Orange 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. 415.2 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. 415.2.1 SELECTION PROCESS FTOs will be selected based on the following requirements: (a)Desire to be an FTO (b)It is generally encouraged candidates have a 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 415.2.2 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 (refer to California Code of Regulations). All FTOs must meet any training mandate regarding crisis intervention behavioral health training pursuant to the California Penal Code. 415.3 FIELD TRAINING OFFICER PROGRAM SUPERVISOR The FTO Program supervisor should be selected by the Field Services Division Commander 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: (a)Assignment of trainees to FTOs Orange Police Department Orange PD Policy Manual Field Training Officer Program Copyright Lexipol, LLC 2021/04/08, All Rights Reserved. Published with permission by Orange Police Department Field Training Officer Program - 378 (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 (refer to the California Code of Regulations). 415.4 TRAINEE DEFINED Any entry level or lateral police officer newly appointed to the Orange Police Department who has successfully completed a POST approved Basic Academy. 415.5 REQUIRED TRAINING Entry level officers shall be required to successfully complete the Field Training Program, consisting of a minimum of 10 weeks. The training period for a lateral officer may be modified depending on the trainee’s demonstrated performance and level of experience, but shall consist of a minimum of eight weeks. 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. 415.6 EVALUATIONS Evaluations are an important component of the training process and shall be completed as outlined below. 415.6.1 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 Supervisor on a daily basis. (b)Review the Daily Trainee Performance Evaluations with the trainee each day. (c)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. Orange Police Department Orange PD Policy Manual Field Training Officer Program Copyright Lexipol, LLC 2021/04/08, All Rights Reserved. Published with permission by Orange Police Department Field Training Officer Program - 379 415.6.2 IMMEDIATE SUPERVISOR The immediate supervisor shall review and approve the Daily Trainee Performance Evaluations and forward them to the Field Training Lieutenant. 415.6.3 FIELD TRAINING ADMINISTRATOR The Field Training Lieutenant will review and approve the Weekly Trainee Performance Evaluations submitted by the FTO through his/her FTO Supervisor. 415.6.4 TRAINEE At the completion of the Field Training Program, the trainee will be interviewed by the FTO Program Supervisor. 415.7 DOCUMENTATION All documentation of the Field Training Program will be retained in the officer’s training files and will consist all Training Performance Evaluations. Policy 416 Orange Police Department Orange PD Policy Manual Copyright Lexipol, LLC 2021/04/08, All Rights Reserved. Published with permission by Orange Police Department Contacts and Temporary Detentions - 380 Contacts and Temporary Detentions 416.1 PURPOSE AND SCOPE The purpose of this policy is to establish guidelines for conducting field interviews (FI) and pat- down searches, and the taking and retention of photographs of persons detained in the field but not arrested. Due to a variety of situations confronting the officer, the decision to FI or photograph a person detained in the field shall be left to the discretion of the involved officer based on the totality of the circumstances available to them at the time of the detention. 416.1.1 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. 416.2 POLICY The Orange 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. Orange Police Department Orange PD Policy Manual Contacts and Temporary Detentions Copyright Lexipol, LLC 2021/04/08, All Rights Reserved. Published with permission by Orange Police Department Contacts and Temporary Detentions - 381 416.3 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 Orange Police Department to strengthen community involvement, community awareness, and problem identification. 416.3.1 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 416.3.2 CONSENSUAL CONTACTS Consensual contacts occur when an officer contacts an individual and does not create a detention through their words, actions or other means. In other words, a reasonable individual would believe that his/her contact with the officer is voluntary. Frequent and random casual contacts with consenting individuals are encouraged by the Orange Police Department to strengthen our community involvement, community awareness and problem identification. Nothing in this policy is intended to discourage consensual contacts. 416.3.3 FIELD INTERVIEW CARDS Field Interview (FI) Cards are a valuable investigative tool for documenting and disseminating information obtained from both field detentions and consensual contacts. FI Cards are a critical resource, which can assist in identifying potential suspects, witnesses and/or victims of crimes. When an officer takes a photograph in conjunction with an FI Card, the officer shall check the Photo Box on the front of the form. All FI Card photographs shall comply with current policy regarding Orange Police Department Orange PD Policy Manual Contacts and Temporary Detentions Copyright Lexipol, LLC 2021/04/08, All Rights Reserved. Published with permission by Orange Police Department Contacts and Temporary Detentions - 382 Computers and Digital Evidence. Digital photographs taken in relation to an FI Card shall be downloaded into DIMS per the current policy regarding Disposition Of Field Photographs. Due to a variety of situations confronting an officer, the decision to FI or photograph a person detained in the field shall be left to the discretion of the involved officer based on the totality of the circumstances available to them at the time of the detention. FI Cards will be processed as follows: (a)FI Cards shall be completed and turned in to a supervisor or the watch commander by the end of the officer's shift, 1.If the officer believes that the FI Card would be of particular assistance to another supervisor or investigator, the officer should make a photo copy of the FI Card and provide it to them. (b)After reviewing the FI Card, the supervisor or watch commander shall forward it to the Investigative Services Divisionas soon as is practicable, 1.If a supervisor or watch commander believes an FI Card would be of particular assistance to another supervisor or investigator, they should make a photo copy of the FI Card and provide it to them. (c)The Investigative Services Division will be responsible for inputting the information contained in the FI Card into RMS and assigning it an FI Card number. NOTE: An original FI Card should not be retained by anyone until it has been approved by a supervisor and submitted to the Investigative Services Division for input into RMS. 416.4 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. (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 officer should be positioned to ensure safety and should not be involved in the search. Orange Police Department Orange PD Policy Manual Contacts and Temporary Detentions Copyright Lexipol, LLC 2021/04/08, All Rights Reserved. Published with permission by Orange Police Department Contacts and Temporary Detentions - 383 416.5 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 person being detained, the officer shall carefully consider, among other things, the factors listed below. 416.5.1 FIELD PHOTOGRAPHS TAKEN WITH CONSENT Field photographs may be taken when the subject being photographed knowingly and voluntarily gives consent. Officers should document in their reports, FI's, STEP Notifications, citations, etc. the subject being photographed gave consent. 416.5.2 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. 416.5.3 DISPOSITION OF PHOTOGRAPHS 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 protocal. 416.5.4 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. 416.6 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 Orange Police Department Orange PD Policy Manual Contacts and Temporary Detentions Copyright Lexipol, LLC 2021/04/08, All Rights Reserved. Published with permission by Orange Police Department Contacts and Temporary Detentions - 384 seriousness of the case, take reasonable steps to promptly coordinate with an on-scene supervisor and/or criminal investigator to utilize available personnel 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 Orange Police Department personnel. 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. 416.7 PHOTO REVIEW POLICY Any person who has been the subject of a field photograph or an FI by this agency during any contact other than an arrest may file a written request within 30 days of the contact requesting a review of the status of the photograph/FI. The request shall be directed to the respective division commander, who will ensure that the status of the photograph or FI is properly reviewed according to this policy as described below. Upon a verbal request, the department will send to the requesting party a copy of this policy. 416.7.1 REVIEW PROCESS Upon receipt of such a written request, the Chief of Police or his/her designee will permit the individual to appear in person (any minor must be accompanied by their parent or legal guardian) for a review of the status of the photograph/Fl. Such a meeting will generally be scheduled during regular business hours within 30 days of the receipt of the written request. An extension of the 30-day limit may be made either upon the mutual convenience of the parties or if, at the discretion of the Chief of Police, there appears to be an ongoing legitimate law enforcement interest which warrants a delay. If the delay could jeopardize an ongoing investigation, nothing in this policy shall require the Chief of Police to disclose the reason(s) for the delay. A meeting for the review of the status of any non-arrest photograph/FI is not intended to be a formal hearing, but simply an informal opportunity for the individual to meet with the Chief of Police or his/her designee to discuss the matter. After carefully considering the information available, the Chief of Police or designee will determine, generally within 30 days of the original meeting, whether the photograph/FI was obtained in Orange Police Department Orange PD Policy Manual Contacts and Temporary Detentions Copyright Lexipol, LLC 2021/04/08, All Rights Reserved. Published with permission by Orange Police Department Contacts and Temporary Detentions - 385 accordance with existing law and Orange Police Department policy and, even if properly obtained, then whether there is any ongoing legitimate law enforcement interest in retaining the photograph/ FI. If the Chief of Police or his/her designee determines that the photograph/FI was obtained in accordance with existing law and department policy and that there is an ongoing legitimate law enforcement interest in retaining the non-arrest photograph, the photograph/FI shall be retained according to this policy and applicable law. If the Chief of Police or his/her designee determines that the original legitimate law enforcement interest in retaining a non-arrest photograph no longer exists or that it was obtained in violation of existing law or Orange Police Department policy, the original photograph will be destroyed or returned to the person photographed, if requested. All other associated reports or documents, however, will be retained according to department policy and applicable law. If the Chief of Police or his/her designee determines that the original legitimate law enforcement interest in retaining a non-arrest FI no longer exists or that the original F/I was not obtained in accordance with established law or Orange Police Department policy, the original FI may only be destroyed upon the execution of a full and complete waiver of liability by the individual (and guardian if a minor) arising out of that field contact. If the Chief of Police or his/her designee determines that any involved Orange Police Department personnel violated existing law or department policy, the Chief of Police or designee shall initiate a separate internal investigation which may result in additional training, discipline or other appropriate action for the involved employees. The person photographed/FI'd will be informed in writing within 30 days of the Chief of Police’s determination whether or not the photograph/FI will be retained. This does not entitle any person to any discovery or access to any law enforcement records not otherwise authorized by law. Policy 417 Orange Police Department Orange PD Policy Manual Copyright Lexipol, LLC 2021/04/08, All Rights Reserved. Published with permission by Orange Police Department Criminal Organizations - 386 Criminal Organizations 417.1 PURPOSE AND SCOPE The purpose of this policy is to ensure that the Orange Police Department appropriately utilizes criminal intelligence systems and temporary information files to support investigations of criminal organizations and enterprises. 417.1.1 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. 417.2 POLICY The Orange 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. 417.3 CRIMINAL INTELLIGENCE SYSTEMS No department personnel 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 the Code of Federal Regulations. 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)Personnel 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. 417.3.1 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 Bureau. Any supporting documentation for an entry shall be retained by the Records Bureau in accordance Orange Police Department Orange PD Policy Manual Criminal Organizations Copyright Lexipol, LLC 2021/04/08, All Rights Reserved. Published with permission by Orange Police Department Criminal Organizations - 387 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 Bureau are appropriately marked as intelligence information. The Records Manager may not purge such documents without the approval of the designated supervisor. 417.3.2 GANG DATABASES The Chief of Police may approve participation by the gang unit in a shared criminal gang intelligence database, such as CALGANG®. Personnel must obtain the requisite training before accessing any such database. 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 (refer to the California Penal Code). 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 (refer to the California Penal Code). 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 (refer to the California Penal Code). The gang unit supervisor should forward reports or FIs to the Records Bureau after appropriate database entries are made. The supervisor should clearly mark the report/FI as gang intelligence information. Orange Police Department Orange PD Policy Manual Criminal Organizations Copyright Lexipol, LLC 2021/04/08, All Rights Reserved. Published with permission by Orange Police Department Criminal Organizations - 388 It is the responsibility of the Records Bureau 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 (refer to the California Penal Code). 417.4 TEMPORARY INFORMATION FILE No personnel may create or keep files on individuals that are separate from the approved criminal intelligence system. However, officers 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. 417.4.1 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 Bureau or Property and Evidence, but should be copies of, or references to, retained documents such as copies of reports, FI forms, the Communications Center records or booking forms. (c)Shall not include opinions. No person, organization or enterprise shall be labeled as being involved in crime beyond what is already in the document or information. (d)May include information collected from publicly available sources or references to documents on file with another government agency. Attribution identifying the source should be retained with the information. 417.4.2 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. Orange Police Department Orange PD Policy Manual Criminal Organizations Copyright Lexipol, LLC 2021/04/08, All Rights Reserved. Published with permission by Orange Police Department Criminal Organizations - 389 417.5 INFORMATION RECOGNITION Department officers should document facts that suggest an individual, organization or enterprise is involved in criminal activity and should forward that information appropriately. Examples include, but are not limited to: (a)Gang indicia associated with a person or residence. (b)Information related to a drug-trafficking operation. (c)Vandalism indicating an animus for a particular group. (d)Information related to an illegal gambling operation. Department supervisors who utilize an authorized criminal intelligence system should work with the Training Bureau Sergeant to train officers to identify information that may be particularly relevant for inclusion. 417.6 RELEASE OF INFORMATION Department personnel 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 personnel 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. 417.7 CRIMINAL STREET GANGS The Investigative Services Division supervisor should ensure that there are an appropriate number of department officers 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 the California Penal Code. 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 (refer to the California Penal Code), associated crimes and what defines a criminal street gang (refer to the California Penal Code). (b)Coordinate with other agencies in the region regarding criminal street gang-related crimes and information. Orange Police Department Orange PD Policy Manual Criminal Organizations Copyright Lexipol, LLC 2021/04/08, All Rights Reserved. Published with permission by Orange Police Department Criminal Organizations - 390 (c)Train other officers to identify gang indicia and investigate criminal street gang-related crimes. 417.8 TRAINING The Training Bureau 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. Policy 418 Orange Police Department Orange PD Policy Manual Copyright Lexipol, LLC 2021/04/08, All Rights Reserved. Published with permission by Orange Police Department Mobile Digital Computer Use - 391 Mobile Digital Computer Use 418.1 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 personnel and the Communications Center. 418.2 USE AND CARE OF THE MDT (a)Employees shall not use or install personal computer hardware or software on the MDC, unless receiving prior approval from a supervisor. (b)Employees shall not move, alter, connect, disconnect, install, uninstall, or otherwise tamper with the MDC hardware, software, or cabling, unless receiving prior approval from a supervisor. (c)Employees shall share in the responsibility to protect the MDC's from physical and environmental damage. 418.3 POLICY Orange Police Department employees 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. 418.4 PRIVACY EXPECTATION Employees forfeit any expectation of privacy with regard to messages accessed, transmitted, received or reviewed on any department technology system (see the Information Technology Use Policy for additional guidance). 418.5 RESTRICTED ACCESS AND USE MDC use is subject to the Information Technology Use and Protected Information policies. Employees shall not access the MDC system if they have not received prior authorization and the required training. Employees shall immediately report unauthorized access or use of the MDC by another employee 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 an employee has questions about sending a particular message or accessing a particular database, the employee should seek prior approval from his/her supervisor. Orange Police Department Orange PD Policy Manual Mobile Digital Computer Use Copyright Lexipol, LLC 2021/04/08, All Rights Reserved. Published with permission by Orange Police Department Mobile Digital Computer Use - 392 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 employee’s name or to use the password of another employee to log in to the MDC system unless directed to do so by a supervisor. Employees 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. 418.5.1 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. 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. 418.6 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. 418.6.1 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. Personnel responding to in-progress calls should advise changes in status over the radio to assist other employees responding to the same incident. Other changes in status can be made on the MDC when the vehicle is not in motion. 418.6.2 EMERGENCY ACTIVATION If there is an emergency activation and the employee 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 employee. If the location is known, the nearest available officer should respond in accordance with the Officer Response to Calls Policy. Orange Police Department Orange PD Policy Manual Mobile Digital Computer Use Copyright Lexipol, LLC 2021/04/08, All Rights Reserved. Published with permission by Orange Police Department Mobile Digital Computer Use - 393 Personnel 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. 418.7 EQUIPMENT CONSIDERATIONS 418.7.1 MALFUNCTIONING MDC Whenever possible, personnel will not use vehicles with malfunctioning MDCs. Whenever employees must drive a vehicle in which the MDC is not working, they shall notify the Communications Center. It shall be the responsibility of the dispatcher to document all information that will then be transmitted verbally over the police radio. 418.7.2 BOMB CALLS When investigating reports of possible bombs, personnel 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 419 Orange Police Department Orange PD Policy Manual Copyright Lexipol, LLC 2021/04/08, All Rights Reserved. Published with permission by Orange Police Department Portable Audio/Video Recorders - 394 Portable Audio/Video Recorders 419.1 PURPOSE AND SCOPE This policy provides guidelines for the use of portable audio/video recording devices by employees of this department while in the performance of their duties. Portable audio/video recording devices include all recording systems whether body-worn, hand held or integrated into portable equipment. This policy does not apply to mobile audio/video recordings, interviews or interrogations conducted at any Orange Police Department facility, authorized undercover operations, wiretaps or eavesdropping (concealed listening devices). 419.2 POLICY The Orange Police Department may provide employees with access to portable recorders, either audio or video or both, for use during the performance of their duties. The use of recorders is intended to enhance the mission of the Department by accurately capturing contacts between employees of the Department and the public. 419.3 EMPLOYEE PRIVACY EXPECTATION All recordings made by employees on any department-issued device at any time, and any recording made while acting in an official capacity for this department, regardless of ownership of the device it was made on, shall remain the property of the Department. Employees shall have no expectation of privacy or ownership interest in the content of these recordings. 419.4 EMPLOYEE RESPONSIBILITIES Prior to going into service, each uniformed employee will be responsible for making sure that he/ she is equipped with a portable recorder issued by the Department, and that the recorder is in good working order. If the recorder is not in working order or the employee becomes aware of a malfunction at any time, the employee shall promptly report the failure to his/her supervisor and obtain a functioning device as soon as reasonably practicable. Uniformed employees should wear the recorder in a conspicuous manner or otherwise notify persons that they are being recorded, whenever reasonably practicable. Any employee assigned to a non-uniformed position may carry an approved portable recorder at any time the employee believes that such a device may be useful. Unless conducting a lawful recording in an authorized undercover capacity, non-uniformed employees should wear the recorder in a conspicuous manner when in use or otherwise notify persons that they are being recorded, whenever reasonably practicable. When using a portable recorder, the assigned employee shall record his/her name, OPD identification number and the current date and time at the beginning and the end of the shift or other period of use, regardless of whether any activity was recorded. This procedure is not required when the recording device and related software captures the user’s unique identification and the date and time of each recording. Orange Police Department Orange PD Policy Manual Portable Audio/Video Recorders Copyright Lexipol, LLC 2021/04/08, All Rights Reserved. Published with permission by Orange Police Department Portable Audio/Video Recorders - 395 Employees should document the existence of a recording in any report or other official record of the contact, including any instance where the recorder malfunctioned or the employee deactivated the recording. Employees should include the reason for deactivation. 419.4.1 SUPERVISOR RESPONSIBILITIES Supervisors should take custody of a portable audio/video recording device as soon as practicable when the device may have captured an incident involving the use of force, an officer-involved shooting or death or other serious incident, and ensure the data is downloaded (refer to the California Penal Code). 419.5 ACTIVATION OF THE PORTABLE RECORDER This policy is not intended to describe every possible situation in which the portable recorder should be used, although there are many situations where its use is appropriate. Employees should activate the recorder any time the employee believes it would be appropriate or valuable to record an incident. The portable recorder should be activated in any of the following situations: (a)All enforcement and investigative contacts including stops and field interview (FI) situations (b)Traffic stops including, but not limited to, traffic violations, stranded motorist assistance and all crime interdiction stops (c)Self-initiated activity in which an employee would normally notify the Communications Center (d)Any other contact that becomes adversarial after the initial contact in a situation that would not otherwise require recording Employees should remain sensitive to the dignity of all individuals being recorded and exercise sound discretion to respect privacy by discontinuing recording whenever it reasonably appears to the employee that such privacy may outweigh any legitimate law enforcement interest in recording. Requests by employees of the public to stop recording should be considered using this same criterion. Recording should resume when privacy is no longer at issue unless the circumstances no longer fit the criteria for recording. At no time is an employee expected to jeopardize his/her safety in order to activate a portable recorder or change the recording media. However, the recorder should be activated in situations described above as soon as reasonably practicable. 419.5.1 SURREPTITIOUS USE OF THE PORTABLE RECORDER Employees of the Department may surreptitiously record any conversation during the course of a criminal investigation in which the employee reasonably believes that such a recording will be lawful and beneficial to the investigation (refer to the California Penal Code). Employees shall not surreptitiously record another department employee without a court order unless lawfully authorized by the Chief of Police or the authorized designee. Orange Police Department Orange PD Policy Manual Portable Audio/Video Recorders Copyright Lexipol, LLC 2021/04/08, All Rights Reserved. Published with permission by Orange Police Department Portable Audio/Video Recorders - 396 419.5.2 CESSATION OF RECORDING Once activated, the portable recorder should remain on continuously until the employee reasonably believes that his/her direct participation in the incident is complete or the situation no longer fits the criteria for activation. Recording may be stopped during significant periods of inactivity such as report writing or other breaks from direct participation in the incident. Employee 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 (refer to the California Penal Code). 419.5.3 EXPLOSIVE DEVICE Many portable recorders, including body-worn cameras and audio/video transmitters, emit radio waves that could trigger an explosive device. Therefore, these devices should not be used where an explosive device may be present. 419.6 PROHIBITED USE OF PORTABLE RECORDERS Employees are prohibited from using department-issued portable recorders and recording media for personal use and are prohibited from making personal copies of recordings created while on- duty or while acting in their official capacity. Employees are also prohibited from retaining recordings of activities or information obtained while on-duty, whether the recording was created with department-issued or personally owned recorders. Employees shall not duplicate or distribute such recordings, except for authorized legitimate department business purposes. All such recordings shall be retained at the Department. Employees are prohibited from using personally owned recording devices while on-duty without the express consent of the Watch Commander. Any employee who uses a personally owned recorder for department-related activities shall comply with the provisions of this policy, including retention and release requirements, and should notify the on-duty supervisor of such use as soon as reasonably practicable. Recordings shall not be used by any employee for the purpose of embarrassment, harassment or ridicule. 419.6.1 PROHIBITED USE OF BIOMETRIC SURVEILLANCE SYSTEM The installation, activation, or use of biometric surveillance systems, including facial recognition, in connection with portable recorders is prohibited (Penal Code § 832.19). 419.7 IDENTIFICATION AND PRESERVATION OF RECORDINGS To assist with identifying and preserving data and recordings, employees should download, tag or mark these in accordance with procedure and document the existence of the recording in any related case report. An employee should transfer, tag or mark recordings when the employee reasonably believes: Orange Police Department Orange PD Policy Manual Portable Audio/Video Recorders Copyright Lexipol, LLC 2021/04/08, All Rights Reserved. Published with permission by Orange Police Department Portable Audio/Video Recorders - 397 (a)The recording contains evidence relevant to potential criminal, civil or administrative matters. (b)A complainant, victim or witness has requested non-disclosure. (c)A complainant, victim or witness has not requested non-disclosure but the disclosure of the recording may endanger the person. (d)Disclosure may be an unreasonable violation of someone’s privacy. (e)Medical or mental health information is contained. (f)Disclosure may compromise an undercover officer or confidential informant. Any time an employee reasonably believes a recorded contact may be beneficial in a non-criminal matter (e.g., a hostile contact), the employee should promptly notify a supervisor of the existence of the recording. 419.8 REVIEW OF RECORDED MEDIA FILES When preparing written reports, members should review their recordings as a resource (see the Officer-Involved Shootings and Deaths Policy for guidance in those cases). However, employees shall not retain personal copies of recordings. Employees should not use the fact that a recording was made as a reason to write a less detailed report. Supervisors are authorized to review relevant recordings any time they are investigating alleged misconduct or reports of meritorious conduct or whenever such recordings would be beneficial in reviewing the employee’s performance. Recorded files may also be reviewed: (a)Upon approval by a supervisor, by any employee of the Department who is participating in an official investigation, such as a personnel complaint, administrative investigation or criminal investigation. (b)Pursuant to lawful process or by court personnel who are otherwise authorized to review evidence in a related case. (c)By media personnel with permission of the Chief of Police or the authorized designee. (d)In compliance with a public records request, if permitted, and in accordance with the Records Maintenance and Release Policy. All recordings should be reviewed by the Custodian of Records prior to public release (see the Records Maintenance and Release Policy). Recordings that unreasonably violate a person’s privacy or sense of dignity should not be publicly released unless disclosure is required by law or order of the court. 419.9 COORDINATOR The Chief of Police or the authorized designee shall appoint a member of the Department to coordinate the use and maintenance of portable audio/video recording devices and the storage of recordings, including (refer to the California Penal Code): Orange Police Department Orange PD Policy Manual Portable Audio/Video Recorders Copyright Lexipol, LLC 2021/04/08, All Rights Reserved. Published with permission by Orange Police Department Portable Audio/Video Recorders - 398 (a)Establishing a system for downloading, storing and security of recordings. (b)Designating persons responsible for downloading recorded data. (c)Establishing a maintenance system to ensure availability of operable portable audio/ video recording devices. (d)Establishing a system for tagging and categorizing data according to the type of incident captured. (e)Establishing a system to prevent tampering, deleting and copying recordings and ensure chain of custody integrity. (f)Working with counsel to ensure an appropriate retention schedule is being applied to recordings and associated documentation. (g)Maintaining logs of access and deletions of recordings. 419.10 RETENTION OF RECORDINGS Recordings of the following should be retained for a minimum of two years (refer to the California Penal Code): (a)Incident involving use of force by an officer (b)Officer-involved shootings (c)Incidents that lead to the detention or arrest of an individual (d)Recordings relevant to a formal or informal complaint against an officer or the Orange Police Department Recordings containing evidence that may be relevant to a criminal prosecution should be retained for any additional period required by law for other evidence relevant to a criminal prosecution (refer to the California Penal Code). All other recordings should be retained for a period consistent with the requirements of the organization’s records retention schedule but in no event for a period less than 180 days. Records or logs of access and deletion of recordings should be retained permanently (refer to the California Penal Code). 419.10.1 RELEASE OF AUDIO/VIDEO RECORDINGS Requests for the release of audio/video recordings shall be processed in accordance with the Records Maintenance and Release Policy. Policy 420 Orange Police Department Orange PD Policy Manual Copyright Lexipol, LLC 2021/04/08, All Rights Reserved. Published with permission by Orange Police Department Medical Marijuana - 399 Medical Marijuana 420.1 PURPOSE AND SCOPE The purpose of this policy is to provide personnel of this department with guidelines for investigating the acquisition, possession, transportation, delivery, production or use of marijuana under California’s medical marijuana laws. 420.1.1 DEFINITIONS Definitions related to this policy include: Cardholder - A person issued a current identification card. Compassionate Use Act (CUA) (refer to the California Health and Safety Code) - 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) (refer to the California Health and Safety Code) - 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 (refer to the California Health and Safety Code). 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) (refer to the California Health and Safety Code). Orange Police Department Orange PD Policy Manual Medical Marijuana Copyright Lexipol, LLC 2021/04/08, All Rights Reserved. Published with permission by Orange Police Department Medical Marijuana - 400 420.2 POLICY It is the policy of the Orange 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 Orange Police Department will exercise discretion to ensure laws are appropriately enforced without unreasonably burdening both those individuals protected under California law and public resources. 420.3 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. 420.3.1 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 (refer to the California Health and Safety Code). 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. 420.3.2 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 (refer to the California Health and Safety Code): (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. Orange Police Department Orange PD Policy Manual Medical Marijuana Copyright Lexipol, LLC 2021/04/08, All Rights Reserved. Published with permission by Orange Police Department Medical Marijuana - 401 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 (refer to the California Health and Safety Code). 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. 420.3.3 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 (refer to the California Health and Safety Code). 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 (refer to the California Health and Safety Code). 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 (refer to the California Health and Safety Code). 420.3.4 ADDITIONAL CONSIDERATIONS Officers should consider the following when investigating an incident involving marijuana possession, delivery, production or use: (a)Because enforcement of medical marijuana laws can be complex, time consuming and call for resources unavailable at the time of initial investigation, 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. Orange Police Department Orange PD Policy Manual Medical Marijuana Copyright Lexipol, LLC 2021/04/08, All Rights Reserved. Published with permission by Orange Police Department Medical Marijuana - 402 (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, the climate, etc. (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 (refer to the California Business and Professions Code). Licensing, zoning and other related issues can be complex. Patients, primary caregivers and cardholders who collectively or cooperatively cultivate marijuana for medical purposes are provided a defense under the MMP (refer to the California Health and Safety Code and the California Business and Professions Code). (d)Investigating members should not order a patient to destroy marijuana plants under threat of arrest. 420.3.5 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 (refer to the California Health and Safety Code). (b)Marijuana possession in jails or other correctional facilities that prohibit such possession (refer to the California Health and Safety Code). (c)Smoking marijuana (refer to the California Health and Safety Code): 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 (refer to the California Health and Safety Code). Orange Police Department Orange PD Policy Manual Medical Marijuana Copyright Lexipol, LLC 2021/04/08, All Rights Reserved. Published with permission by Orange Police Department Medical Marijuana - 403 420.3.6 INVESTIGATIONS INVOLVING A STATE LICENSEE No person issued a state license under the Business and Professions Code shall be arrested or cited for cultivation, possession, manufacture, processing, storing, laboratory testing, labeling, transporting, distribution or sale of medical cannabis or a medical cannabis product related to qualifying patients and primary caregivers when conducted lawfully. Whether conduct is lawful may involve questions of license classifications, local ordinances, specific requirements of the Business and Professions Code and adopted regulations. 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 (refer to the California Business and Professions Code). 420.4 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. 420.5 PROPERTY AND EVIDENCE SUPERVISOR RESPONSIBILITIES The Property and Evidence 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 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 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 supervisor may release marijuana to federal law enforcement authorities upon presentation of a valid court order or by a written order of the Investigative Services Division supervisor. Policy 421 Orange Police Department Orange PD Policy Manual Copyright Lexipol, LLC 2021/04/08, All Rights Reserved. Published with permission by Orange Police Department Bicycle Patrol Unit - 404 Bicycle Patrol Unit 421.1 PURPOSE AND SCOPE The Orange 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. 421.2 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. 421.3 SELECTION OF PERSONNEL Interested sworn personnel, who are off probation, shall submit an interest memorandum to their appropriate Division Commander. A copy will be forwarded to the BPU supervisor. Qualified applicants will then be invited to an oral interview. 421.3.1 BICYCLE PATROL UNIT SUPERVISOR The Bicycle Patrol Unit supervisor will be selected from the rank of sergeant by the Field Services Division Commander 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 Field Services Division. (f)Other activities as required to maintain the efficient operation of the Bicycle Patrol Unit. 421.4 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: Orange Police Department Orange PD Policy Manual Bicycle Patrol Unit Copyright Lexipol, LLC 2021/04/08, All Rights Reserved. Published with permission by Orange Police Department Bicycle Patrol Unit - 405 •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. 421.5 UNIFORMS AND EQUIPMENT Officers shall wear the department-approved uniform and safety equipment 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. 421.6 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 the California Vehicle Code). 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. (refer to the California Vehicle Code). 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). Orange Police Department Orange PD Policy Manual Bicycle Patrol Unit Copyright Lexipol, LLC 2021/04/08, All Rights Reserved. Published with permission by Orange Police Department Bicycle Patrol Unit - 406 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. 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. 421.7 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 (refer to the California Vehicle Code): (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. Policy 422 Orange Police Department Orange PD Policy Manual Copyright Lexipol, LLC 2021/04/08, All Rights Reserved. Published with permission by Orange Police Department Homeless Persons - 407 Homeless Persons 422.1 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 Orange Police Department recognizes that members of the homeless community are often in need of special protection and services. The Orange 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. 422.1.1 POLICY It is the policy of the Orange 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. 422.2 HOMELESS COMMUNITY LIAISON The Chief of Police will designate an officer 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)Be aware and update our crime analyst 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)Continually update or inform officers of the current legal and social issues relating to the homeless. 422.3 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 Orange Police Department Orange PD Policy Manual Homeless Persons Copyright Lexipol, LLC 2021/04/08, All Rights Reserved. Published with permission by Orange Police Department Homeless Persons - 408 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 are encouraged to provide homeless persons with resource and assistance information whenever it is reasonably apparent or appropriate. 422.3.1 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 Adult Abuse 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. 422.4 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 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 Orange Police Department Orange PD Policy Manual Homeless Persons Copyright Lexipol, LLC 2021/04/08, All Rights Reserved. Published with permission by Orange Police Department Homeless Persons - 409 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. Under state guidelines, certain property items deemed hazardous are to be discarded/disposed of. For example, items of bedding/clothing covered in feces, urine, damp or wet material likely to produce mold and high levels of bacteria. Any items of clothing, bedding, etc. Other examples include items slept in or worn by individuals with scabies, lice, MRSA, etc. 422.5 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. 422.6 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 423 Orange Police Department Orange PD Policy Manual Copyright Lexipol, LLC 2021/04/08, All Rights Reserved. Published with permission by Orange Police Department Automated License Plate Readers (ALPRs) - 410 Automated License Plate Readers (ALPRs) 423.1 PURPOSE AND SCOPE The purpose of this policy is to provide guidance for the capture, storage and use of digital data obtained through the use of Automated License Plate Reader (ALPR) technology. 423.2 POLICY The policy of the Orange Police Department is to utilize ALPR technology to capture and store digital license plate data and images while recognizing the established privacy rights of the public. All data and images gathered by the ALPR are for the official use of this department. Because such data may contain confidential information, it is not open to public review. 423.3 ADMINISTRATION The ALPR technology, also known as License Plate Recognition (LPR), allows for the automated detection of license plates. It is used by the Orange Police Department to convert data associated with vehicle license plates for official law enforcement purposes, including identifying stolen or wanted vehicles, stolen license plates and missing persons. It may also be used to gather information related to active warrants, homeland security, electronic surveillance, suspect interdiction and stolen property recovery. All installation and maintenance of ALPR equipment, as well as ALPR data retention and access, shall be managed by the Administrative Services Division Commander. The Administrative Services Division Commander will assign personnel under his/her command to administer the day-to-day operation of the ALPR equipment and data. 423.3.1 ALPR ADMINISTRATOR The Administrative Services Division Commander shall be responsible for developing guidelines and procedures to comply with the requirements of the California Civil Code. This includes, but is not limited to (refer to the California Civil Code): (a)A description of the job title or other designation of the employees and independent contractors who are authorized to use or access the ALPR system or to collect ALPR information. (b)Training requirements for authorized users. (c)A description of how the ALPR system will be monitored to ensure the security of the information and compliance with applicable privacy laws. (d)Procedures for system operators to maintain records of access in compliance with the California Civil Code. (e)The title and name of the current designee in overseeing the ALPR operation. (f)Working with the Custodian of Records on the retention and destruction of ALPR data. Orange Police Department Orange PD Policy Manual Automated License Plate Readers (ALPRs) Copyright Lexipol, LLC 2021/04/08, All Rights Reserved. Published with permission by Orange Police Department Automated License Plate Readers (ALPRs) - 411 (g)Ensuring this policy and related procedures are conspicuously posted on the department’s website. 423.4 ALPR OPERATIONS Use of an ALPR is restricted to the purposes outlined below. Department personnel shall not use, or allow others to use the equipment or database records for any unauthorized purpose (refer to the California Civil Code). (a)An ALPR shall only be used for official law enforcement business. (b)An ALPR may be used in conjunction with any routine patrol operation or criminal investigation. Reasonable suspicion or probable cause is not required before using an ALPR. (c)While an ALPR may be used to canvass license plates around any crime scene, particular consideration should be given to using ALPR-equipped cars to canvass areas around homicides, shootings and other major incidents. Partial license plates reported during major crimes should be entered into the ALPR system in an attempt to identify suspect vehicles. (d)No member of this department shall operate ALPR equipment or access ALPR data without first completing department-approved training. (e)No ALPR operator may access department, state or federal data unless otherwise authorized to do so. (f)If practicable, the officer should verify an ALPR response through the California Law Enforcement Telecommunications System (CLETS) before taking enforcement action that is based solely on an ALPR alert. 423.5 DATA COLLECTION AND RETENTION The Administrative Services Division Commander is responsible for ensuring systems and processes are in place for the proper collection and retention of ALPR data. Data will be transferred from vehicles to the designated storage in accordance with department procedures. All ALPR data downloaded to the server should be stored for a minimum of one year (refer to the California Government Code) and in accordance with the established records retention schedule. Thereafter, ALPR data should be purged unless it has become, or it is reasonable to believe it will become, evidence in a criminal or civil action or is subject to a discovery request or other lawful action to produce records. In those circumstances the applicable data should be downloaded from the server onto portable media and booked into evidence. 423.6 ACCOUNTABILITY AND SAFEGAURDS All data will be closely safeguarded and protected by both procedural and technological means. The Orange Police Department will observe the following safeguards regarding access to and use of stored data (refer to the California Civil Code): Orange Police Department Orange PD Policy Manual Automated License Plate Readers (ALPRs) Copyright Lexipol, LLC 2021/04/08, All Rights Reserved. Published with permission by Orange Police Department Automated License Plate Readers (ALPRs) - 412 (a)All non-law enforcement requests for access to stored ALPR data shall be referred to the Records Manager or their designee and processed in accordance with applicable law. (b)All ALPR data downloaded to the mobile workstation and in storage shall be accessible only through a login/password-protected system capable of documenting all access of information by name, date and time (refer to the California Civil Code). (c)Persons approved to access ALPR data under these guidelines are permitted to access the data for legitimate law enforcement purposes only, such as when the data relate to a specific criminal investigation or department-related civil or administrative investigation. (d)Such ALPR data may be released to other authorized and verified law enforcement officials and agencies at any time for legitimate law enforcement purposes. (e)ALPR system audits should be conducted on a regular basis. 423.7 TRAINING The Personnel and Training Sergeant should ensure that personnel receive department-approved training for those authorized to use or access the ALPR system (refer to the California Civil Code). Policy 424 Orange Police Department Orange PD Policy Manual Copyright Lexipol, LLC 2021/04/08, All Rights Reserved. Published with permission by Orange Police Department Mobile Audio Video & Body Worn Cameras - 413 Mobile Audio Video & Body Worn Cameras 424.1 PURPOSE AND SCOPE The Orange Police Department recognizes that audio and video recordings of contacts between Department employees and the public can provide an objective record of these events. The use of a recording system assists Department employees in the performance of their official police duties by providing a record of enforcement, investigative contacts, as well as contacts related to calls for service. These recordings will ensure evidence is collected for criminal investigations and can assist in the resolution of citizen complaints. This policy provides guidance on the use of Mobile Audio Video (MAV) and Body Worn Cameras (BWC). While recordings from MAV/BWC provide an objective record of these events, it is understood that video recordings captured by MAV/BWC provide a limited perspective and do not necessarily reflect the experience or state of mind of the individual employee(s) during a given incident. The recordings have limitations and may depict events differently than the events recalled by the involved employee(s). Specifically, it is understood that the MAV/BWC may capture information that may not have been heard and/ or observed by the involved employee(s). Additionally, it is also understood that the MAV/BWC may not capture information that was heard and/or observed by the employee(s). Accordingly, MAV/BWC video should be considered with all other available evidence, including but not limited to witness statements, officer interviews, and forensic analysis. 424.2 POLICY It is the policy of this Department to install, use, and maintain MAV systems in designated enforcement vehicles. The Department will maintain and issue BWC equipment for use by designated Field Services Division personnel and other uniformed assignments including the Gang Unit. Employees working in a non-uniformed investigative capacity will have access to check out a BWC from the Watch Commander. Use of the MAV/BWC equipment is mandatory as outlined in this policy. It is recognized that it may not always be practical to activate the MAV/ BWC; however, those occurrences should be the exception rather than the rule. 424.3 TRAINING The Department shall provide training to all employees required to use the MAV/BWC equipment. Training will be coordinated by the Support Services Division and consist of policy review and practical applications to ensure competency in operation of the equipment. 424.4 DEPARTMENT PERSONNEL RESPONSIBILITIES Prior to going into service, each employee who is equipped with MAV/BWC equipment is responsible for ensuring that the equipment is in proper working order by inspecting and testing the MAV/BWC.Employees shall wear their BWC on their person in a forward facing position above the midline torso to facilitate comprehensive recordings of their contacts and investigations. Absent exigent circumstances, the MAV/BWC user shall record a test sample at the beginning of his/ her shift to ensure all equipment is functioning properly. The test recording shall consist of the Orange Police Department Orange PD Policy Manual Mobile Audio Video & Body Worn Cameras Copyright Lexipol, LLC 2021/04/08, All Rights Reserved. Published with permission by Orange Police Department Mobile Audio Video & Body Worn Cameras - 414 employee’s name, badge number, date, and be categorized as “Function Test / Training Demo.” The BWC is designed to be powered on and remain on during the entirety of a shift to allow for ease of activation. The BWC docking stations automatically upload recordings and charge the BWC. Employees are required to upload their cameras in the docking stations at the conclusion of their shift, unless otherwise approved by a supervisor. Motor Officers and Canine Officers are exempt from this requirement; however, they are required to upload their BWC footage on the last day of their assigned work week or at the request of a supervisor. When an employee determines a BWC is not in proper working order, the employee shall notify a supervisor as soon as practicable to obtain a replacement BWC.If an employee determines a BWC is not capable of lasting an entire shift, the employee shall notify a supervisor as soon as practicable to obtain a replacement BWC. In both instances, the employee shall also notify the BWC Program Coordinator via an email. At no time will an employee who is issued a BWC go into the field to conduct law enforcement duties, including overtime assignments at special events, without a BWC. When an employee determines a MAV is not in proper working order, the employee shall notify a supervisor as soon as practicable. The employee shall also complete a Vehicle Repair Request describing the problem with the MAV equipment. At no time will an employee go into the field to conduct law enforcement duties, including overtime assignments at special events, without a functional MAV unless approved by a supervisor. 424.4.1 ADDITIONAL DEPARTMENT PERSONNEL RESPONSIBILITIES Employees working plain-clothes assignments may utilize a department issued BWC when they believe such a device may be beneficial and in accordance with this policy. All non-uniformed employees who are engaging in pre-planned enforcement activities such as search warrant service, arrest warrant service, or parole/probation searches should utilize a BWC. Employees not wearing a BWC while engaging in preplanned enforcement activities shall have prior approval from a Lieutenant or higher. Field Training Officers who are wearing civilian clothing during a “ghost phase” of training are required to wear a BWC. 424.4.2 SUPERVISOR RESPONSIBILITIES Supervisors may take custody of a BWC when the device is believed to contain data that a supervisor must ensure is downloaded. These incidents may include, but are not limited to, uses of force causing great bodily injury, officer-involved shootings, traffic collisions, or any other incident resulting in a significant injury to a member of the public or an employee. 424.4.3 IDENTIFYING INFORMATION REQUIRED FOR RECORDINGS Once a recording is complete, employees shall ensure videos are properly categorized based on the type of incident and tagged with all applicable information (DR number, CAD call number, citation number, etc.). Further detail regarding these categories is contained later in this policy. Orange Police Department Orange PD Policy Manual Mobile Audio Video & Body Worn Cameras Copyright Lexipol, LLC 2021/04/08, All Rights Reserved. Published with permission by Orange Police Department Mobile Audio Video & Body Worn Cameras - 415 Occasionally, an employee may inadvertently record himself/herself during a situation that unreasonably violates the employee’s privacy or sense of dignity. If this occurs, the recording should be categorized as “Accidental,” and the employee shall immediately notify the BWC Program Coordinator. Notification shall include the nature of the recording, name of the employee(s) involved in the recording, and the approximate date and time that the recording began. The BWC Coordinator will review the recording, determine if it can be deleted, and notify the affected employee(s) of the outcome. The employee may request the recording be reviewed by a BWC Coordinator or authorized designee of a specific gender. If the recording cannot be deleted due to the content, it will not be publicly released unless disclosure is required by law or order of the court. 424.5 SYSTEM OPERATIONAL STANDARDS (a)The MAV/BWC systems shall be configured to record video for 30 seconds prior to a recording activation. (b)The MAV/BWC systems shall not be configured to record audio prior to a recording activation. (c)The MAV systems shall be configured to automatically activate a recording when vehicle speeds reach 90 miles per hour or above. (d)The MAV system shall be configured to automatically activate a recording when a traffic collision or other significant impact is detected. (e)The MAV system shall be configured to automatically activate a recording when an overhead emergency solid forward facing red light is turned on. (f)The BWC systems shall be configured to automatically activate a recording when the equipment is within approximately 30 feet of a MAV system that was activated within the last 30 seconds. (g)The installation, activation, or use of biometric surveillance systems, including facial recognition, in connection with MAV/BWC equipment shall be in compliance with applicable law. 424.5.1 ACTIVATION OF MOBILE AUDIO VIDEO & BODY WORN CAMERAS All enforcement and investigative contacts by uniformed employees, as well as all contacts specifically related to a call for service shall be recorded. MAV/BWC activation shall begin as soon as practical prior to arriving on scene or initiating enforcement action. The contacts that shall be recorded include, but are not limited to: (a)Traffic stops (b)Code 3 responses (c)Vehicle pursuits (d)Foot pursuits (e)Arrests (f)Suspicious vehicles Orange Police Department Orange PD Policy Manual Mobile Audio Video & Body Worn Cameras Copyright Lexipol, LLC 2021/04/08, All Rights Reserved. Published with permission by Orange Police Department Mobile Audio Video & Body Worn Cameras - 416 (g)Burglary / robbery alarm responses (h)Vehicle / person / evidence searches (i)Physical confrontations, verbal confrontations, or use of force (j)Pedestrian checks (k)DUI investigations (l)Consensual encounters (m)Crimes in progress (n)Citizen flag downs (o)Any self-initiated activity (p)Interviews of all parties involved in an incident (q)Any other contact that becomes adversarial after the initial contact that would not otherwise require recording (r)Transportation of any persons in a police vehicle (this does not pertain to ride-alongs) Employees should not use the fact that a recording was made as a reason to write a less detailed report. The rear seat MAV camera shall be activated any time a person is transported in the rear seat of a police vehicle. Any employee engaged in a support capacity for any activities requiring MAV/BWC activation shall also activate his/her MAV/BWC. At no time is any employee expected to compromise his/ her immediate personal safety or the safety of others for the purpose of activating MAV/BWC equipment.Employees may, but are not required to, advise members of the public that a recording is in progress. In the event an employee is unable to activate his/her MAV/BWC as directed above, he/she shall document the reason why the equipment was not used in the accompanying police report. If any officer responds to an incident from his/her residence, the officer may reasonably delay activating MAV/BWC recordings to prevent disclosing the location of their home. 424.5.2 DEACTIVATION OF MOBILE AUDIO VIDEO & BODY WORN CAMERAS Once the MAV/BWC recording is activated, it shall remain recording until the incident has reached a conclusion or the officer is no longer involved. If an employee believes ending a recording is necessary before an incident has reached a conclusion, the employee shall seek supervisory approval before ending the recording. If supervisor approval is obtained, the employee shall verbally indicate the reason and the name of the approving supervisor prior to ending the recording. The underlying reason shall also be documented in the accompanying police report. Orange Police Department Orange PD Policy Manual Mobile Audio Video & Body Worn Cameras Copyright Lexipol, LLC 2021/04/08, All Rights Reserved. Published with permission by Orange Police Department Mobile Audio Video & Body Worn Cameras - 417 424.5.3 PERMISSIBLE NON-ACTIVATION Circumstances when a BWC/MAV recording may not be initiated include, but are not limited to: (a)Officer safety would be compromised due to an unexpected or sudden altercation. (b)While in the hospital for the sole purpose of waiting for an arrestee to be medically cleared, there is no perceived safety risk to the employee, and no criminal behavior is being observed. (c)While the employee is on break, engaged in personal activities, or when the employee is in a location where there is a reasonable expectation of privacy (such as a restroom, locker room, or during briefings / meetings). (d)During encounters with undercover officers or confidential informants. (e)When employees are handling, reviewing, or discussing an operational plan or conducting undercover surveillance. (f)While discussing, developing, planning, or engaging in police/investigative tactics or strategies during a pending investigation. (g)During calls where explosive devices may be present. (h)Upon the victim’s request when conducting sexual assault or child abuse investigations. If an employee encounters a permissible non-activation situation after he/she has already initiated a recording, the employee should consider utilizing the mute function described in this policy prior to deciding to end the recording. 424.6 PROHIBITED USES No employee of this department may surreptitiously record a conversation of any other employee of this department except with a court order or when lawfully authorized by the Chief of Police. Employees, except at the direction of the Body Worn Camera Program Coordinator’s Lieutenant, shall not in any manner attempt to modify, alter, erase, or tamper with any portion of the MAV/BWC equipment or any recorded incident. Employees are prohibited from utilizing a department issued MAV/BWC for personal use or during non-work-related activities. Employees are prohibited from making personal copies of recordings created while on-duty or while acting in their official capacity. 424.7 MUTING AUDIO The MAV/BWC has a mute function, which disables audio recording while video recording continues. Circumstances when a MAV/BWC recording may be muted include, but are not limited to, employees reviewing an operational plan, or discussing, developing, planning, or engaging in police/investigative tactics or strategies during a pending investigation. When an employee believes it is necessary to mute a recording he/she shall verbally indicate the intent and reason to mute the recording. This should also be documented in the accompanying police report. The mute function shall be disengaged as soon contact is reestablished with a member of the public. Orange Police Department Orange PD Policy Manual Mobile Audio Video & Body Worn Cameras Copyright Lexipol, LLC 2021/04/08, All Rights Reserved. Published with permission by Orange Police Department Mobile Audio Video & Body Worn Cameras - 418 424.8 REVIEW OF BODY WORN CAMERA MEDIA FILES All recording media, recorded images, and audio recordings are the property of the Orange Police Department. Dissemination outside of the agency is strictly prohibited except to the extent permitted or required by law. 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 employee conduct. Supervisors have discretion to show MAV/BWC recordings to a complainant when it relates to his/her complaint, and to assist in clarifying the complaint, resolving the complaint, or having the complaint withdrawn. (c)By a supervisor to assess officer performance. (d)To assess proper functioning of MAV/BWC systems. (e)By department employees who are participating in an official investigation, such as a personnel complaint, administrative inquiry, or a criminal investigation. (f)By members of the City Attorney's Office or City Risk Management in connection with litigation or anticipated litigation, or for other official purposes. (g)By department personnel who request to review recordings. (h)By court personnel through proper process or with permission of the Chief of Police or authorized designee. (i)By the media through proper process or with permission of the Chief of Police or authorized designee. (j)To assess possible training value. If an involved employee objects to showing a recording, his/her objection will be submitted to the Chief of Police or authorized designee to determine if the training value outweighs the employee’s objection. (k)A Field Training Officer or supervisor may review a specific recorded incident from a probationary employee for the purpose of training or critique. In no event shall any recording be used or shown for the purpose of ridiculing or embarrassing any employee. Subject to the provisions of this policy, the Chief of Police or authorized designee has the discretion to prohibit the review of any recordings by Department employees if it is determined to be in the best interest of the Department or the City. 424.9 AUDITS The MAV/BWC system may be subject to periodic audit to ensure that the police-related incidents are being recorded and categorized consistent with this policy. 424.10 MEDIA FILE STORAGE, RETENTION, AND RELEASE Digital evidence captured by MAV/BWC shall be treated as an investigative record and handled pursuant to existing Department policies and procedures. A copy of a recording may only be released to a third party in response to a valid court order or by approval from the Chief of Police Orange Police Department Orange PD Policy Manual Mobile Audio Video & Body Worn Cameras Copyright Lexipol, LLC 2021/04/08, All Rights Reserved. Published with permission by Orange Police Department Mobile Audio Video & Body Worn Cameras - 419 or authorized designee. Requests for recordings in civil matters or pursuant to California Public Rights Act will be handled by the Office of Legal Affairs or authorized designee. Storage and transfer of media files from MAV/BWC recordings shall comply with the following provisions: (a)Only employees designated by the BWC Program Coordinator may transfer or copy recordings onto any third party media storage device. These devices include but are not limited to: Compact discs, portable hard drives, memory sticks, thumb-drives, DVD's, or other electronic media devices. (b)Only employees designated by the BWC Program Coordinator may produce, reproduce or modify recordings for production in response to a subpoena, Public Records Act request, or other official request. (c)All recordings are considered official Department records and shall not be shared with any person not having authorization to access the files as part of his/her official duties, or otherwise authorized by law. (d)Digital files may not be deleted by any employee from the recording device or the archival storage media without the authorization of the Chief of Police or authorized designee. (e)At the discretion of the Chief of Police, recorded files may be viewed or released outside the organization, if he/she determines it is in the best interest of the Department or the City. When appropriate, involved employees should be notified before viewing or release. (f)At the discretion of the Chief of Police or authorized designee, footage may be shared via a link with an allied law enforcement agency investigating an incident. 424.11 BODY WORN CAMERA PROGRAM COORDINATOR The Department’s Body Worn Camera Program Coordinator is the Personnel and Training Sergeant. He/she will be responsible for program oversight including, but not limited to: (a)Documenting system malfunctions and equipment failures related to MAV/BWC systems. (b)Providing training and support to employees involved with MAV/BWC use. (c)Issuing BWC devices. (d)Providing the Chief of Police or authorized designee with periodic reports about the use and status of MAV/BWC equipment. (e)Maintaining logs of recording deletions 424.11.1 ASSISTANT TO THE BODY WORN CAMERA COORDINATOR The assistant to the Body Worn Camera Coordinator shall be responsible for the following duties, but not limited to: (a)Processing the daily requests pursuant to a MAV/BWC Discovery Request. (b)Assisting with and monitoring the day to day operations of the BWC Program. Orange Police Department Orange PD Policy Manual Mobile Audio Video & Body Worn Cameras Copyright Lexipol, LLC 2021/04/08, All Rights Reserved. Published with permission by Orange Police Department Mobile Audio Video & Body Worn Cameras - 420 (c)Providing department employees with training and assistance regarding the proper use of MAV/BWC equipment. (d)Troubleshooting MAV/BWC equipment errors and failures. 424.12 RECORDING CATEGORIES All MAV/BWC recordings shall be categorized properly to ensure they are retained for an appropriate amount of time, as indicated in the table below. Occasionally, the proper category for a recording may change as an investigation develops. It shall be the responsibility of the employee assigned to investigate an incident to ensure all MAV/BWC recordings are properly categorized and contain all required information (DR number, CAD call number, citation number, etc.) when a case is dispositioned. TYPE OF INCIDENT RETENTION PERIOD Uncategorized 3 Years Citizen Contact / No Enforcement / FI 1.5 Years Report Taken 4 Years Arrest-Felony 7 Years Arrest-Misdemeanor/OMC 3 Years Citizen-Infraction 3 Years DV Report / DV Arrest 9 years DUI 7 Years Gang Related / STEP Card Indefinitely Homicide / Sexual Assault / 245 Indefinitely Traffic Collision 7 Years Traffic MAIT Investigation Indefinitely Use of Force 7 Years Filed Cases 10 Years-Indefinitely Restricted Indefinitely Admin Interview / Complaint 7 Years Function Test / Training Demo 1 Year Accidental 6 Months **Indefinitely can be defined as long as possible or according to relevant statute of limitations. Policy 425 Orange Police Department Orange PD Policy Manual Copyright Lexipol, LLC 2021/04/08, All Rights Reserved. Published with permission by Orange Police Department Crisis Intervention Incidents - 421 Crisis Intervention Incidents 425.1 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. 425.1.1 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. 425.2 POLICY The Orange 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 employees’ interactions with those experiencing a mental health crisis. This is to ensure equitable and safe treatment of all involved. 425.3 SIGNS Employees 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 Orange Police Department Orange PD Policy Manual Crisis Intervention Incidents Copyright Lexipol, LLC 2021/04/08, All Rights Reserved. Published with permission by Orange Police Department Crisis Intervention Incidents - 422 Employees 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. 425.4 COORDINATION WITH MENTAL HEALTH PROFESSIONALS The Chief of Police should designate an appropriate Division Commander 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. 425.5 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. (a)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 (refer to the California Penal Code). (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. Orange Police Department Orange PD Policy Manual Crisis Intervention Incidents Copyright Lexipol, LLC 2021/04/08, All Rights Reserved. Published with permission by Orange Police Department Crisis Intervention Incidents - 423 (j)Evaluate any available information that might assist in determining cause or motivation for the person’s actions or stated intentions. (k)If circumstances reasonably permit, consider and employ alternatives to force. 425.6 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 personnel 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. 425.7 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. Orange Police Department Orange PD Policy Manual Crisis Intervention Incidents Copyright Lexipol, LLC 2021/04/08, All Rights Reserved. Published with permission by Orange Police Department Crisis Intervention Incidents - 424 425.8 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 Division Commander. Evaluate whether a critical incident stress management debriefing for involved personnel is warranted. 425.9 INCIDENT REPORTING Personnel 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. Personnel 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. 425.9.1 DIVERSION Individuals who are not being arrested should be processed in accordance with the Mental Illness Commitments Policy. 425.10 CIVILIAN INTERACTION WITH PEOPLE IN CRISIS Civilian personnel may be required to interact with persons in crisis in an administrative capacity, such as dispatching and records request. (a)Personnel should treat all individuals equally and with dignity and respect. (b)If an employee believes that he/she is interacting with a person in crisis, he/she should proceed patiently and in a calm manner. (c)Personnel should be aware and understand that the person may make unusual or bizarre claims or requests. If a person’s behavior makes the employee feel unsafe, if the person is or becomes disruptive or violent, or if the person acts in such a manner as to cause the employee to believe that the person Orange Police Department Orange PD Policy Manual Crisis Intervention Incidents Copyright Lexipol, LLC 2021/04/08, All Rights Reserved. Published with permission by Orange Police Department Crisis Intervention Incidents - 425 may be harmful to him/herself or others, an officer should be promptly summoned to provide assistance. 425.11 EVALUATION The Division Commander 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. 425.12 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 (refer to the California Penal Code). Policy 426 Orange Police Department Orange PD Policy Manual Copyright Lexipol, LLC 2021/04/08, All Rights Reserved. Published with permission by Orange Police Department Suspicious Activity Reporting - 426 Suspicious Activity Reporting 426.1 PURPOSE AND SCOPE This policy provides guidelines for reporting and investigating suspicious and criminal activity. 426.1.1 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 an employee 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. 426.2 POLICY The Orange 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. 426.3 RESPONSIBILITIES The Investigative Services Division Commander 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 Investigative Services Division Commander include, but are not limited to: (a)Remaining familiar with those databases available to the Department that would facilitate the purpose of this policy. Orange Police Department Orange PD Policy Manual Suspicious Activity Reporting Copyright Lexipol, LLC 2021/04/08, All Rights Reserved. Published with permission by Orange Police Department Suspicious Activity Reporting - 427 (