3-01-010 Use of Force Investigations and Audits



3-01-010 Use of Force Investigations and Audits

Effective Date: 09-25-98

Revision Date: 02-25-19

Review Date: 02-25-21

Reference: MPP 3-10/100.00; CDM 7-06/000.00, 7-07/000.00

 

PURPOSE OF ORDER:

The purpose of this order is to establish procedures and investigation times for supervisors conducting use of force investigations. It will also outline the subsequent use of force quality assurance audits to be conducted by the Pitchess Detention Center (PDC) South Facility unit commander or their designee.

 

SCOPE OF ORDER: 

This order applies to the unit commander, lieutenants, and sergeants assigned to, and working at PDC South Facility.

 

ORDER:

Whenever a supervisor is notified of a reportable use of force incident, or an allegation of force, a timely investigation shall be completed in accordance with Department policy. To ensure all use of force review packages are completed in accordance to Department policy, supervisors shall be expected to complete their investigation within the following time frame:

  • Upon learning of a use of force allegation, the investigating supervisor shall initiate an investigation into the allegation.
  • The handling lieutenant, and investigating supervisor, shall ensure any Department members involved in force incidents, and witnesses to force incidents, submit written reports prior to going off-duty the day of the incident. Department members who are unable to submit a written report prior to going off-duty the day of the incident shall notify the watch commander. The watch commander shall then provide an explanation and reason for the delay for the submission in the “Supervisor’s Report, Use of Force” (SH-R-438P).
  • The handling lieutenant shall note all force incidents, during the shift they occur, in the PDC South Facility “Watch Commander’s Shift Summary” (watch commander log) located in the following South Facility share files: [REDACTED TEXT]
  • The investigating supervisor shall have ten (10) days from the date of the incident in which to complete their investigation and submit a completed, watch commander approved, SH-R-438P package to the operations sergeant.
  • The operations sergeant shall review the SH-R-438P, all attachments, photographs, and recorded interviews for accuracy and thoroughness. The operations sergeant shall either approve or return the package for corrections within three (3) days.
  • The handling lieutenant shall submit the use of force package to the unit commander no later than twenty one (21) days from the date of the incident. If an extension is needed the handling lieutenant shall request one from the unit commander and include the approved request as part of the use of force package.
  • Upon approving the use of force package, the operations sergeant shall schedule a Use of Force Review/Quality Assurance Audit within ten (10) days. The Use of Force Review/Quality Assurance Audit will be conducted by the unit commander, or their designee, and the operations lieutenant.

USE OF FORCE REVIEW/QUALITY ASSURANCE AUDIT

The unit commander, or their designee, shall completely review every force review package generated by staff and a “Unit Commander’s Use of Force Review and Incident Analysis” (SH-R-438U) form shall be completed. The purpose of the Use of Force Review, Quality Assurance Audit is to ensure the attendant force review documentation is objective, thorough, and absent of bias, hostility, or pressure on the part of the reviewing supervisors or managers.

The Use of Force Review/Quality Assurance Audit will include a review of all watch commander memorandums, tape recordings, written reports, photographs and any other documentation regarding the circumstances surrounding the use of force. All Use of Force Review/Quality Assurance Audits shall be scheduled in advance and attended by the investigating supervisor(s). The Use of Force Review/Quality Assurance Audit shall be documented in a memorandum and placed in an administrative file for review by Department executives. All Use of Force Review/Quality Assurance Audit memorandums shall be retained for five (5) years.

 

Revision Date 02/20/19

09/25/98 SOUF