Benicia Police Department Benicia PD Policy Manual 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. Copyright Lexipol, LLC 2024/03/28, All Rights Reserved. LAW ENFORCEMENT CODE OF ETHICS - 1 Published with permission by Benicia Police Department Benicia Police Department Benicia PD Policy Manual CHIEF OF POLICE PREFACE The Policy Manual of the Benicia Police Department provides guidance and the frame work for the delivery of services and conduct for all Department members. These policies reflect current case law, best practices consistent with our industry standards and provide a high professional standard influenced by a variety of subject matter experts. Although it is not possible to anticipate every situation employees will face, there may be times where you must use your best judgment that is consistent with our Law Enforcement Code of Ethics, the values of the City of Benicia and the Benicia Police Department. Law Enforcement is an honorable, complex and demanding profession that is continuously changing. Our policies will be reviewed on an ongoing basis with a minimum of annual updates and revisions to ensure and provide continued best practices, current legal updates and contemporary methods of delivering excellent public safety services. Chief of Police Mike Greene Copyright Lexipol, LLC 2024/03/28, All Rights Reserved. Chief of Police Preface - 2 Published with permission by Benicia Police Department Benicia Police Department Benicia PD Policy Manual MISSION, VISION AND VALUES Department Mission With honor and integrity at all times, in partnership with our community, we are dedicated to keeping Benicia safe and enhancing the quality of life in our city. Department Vision To be the greatest police agency in the world; an agency of limitless opportunity firmly rooted in deep connections with the community. Department Values and Guiding Principles • Leadership • Safety • Professionalism • Integrity • Community Copyright Lexipol, LLC 2024/03/28, All Rights Reserved. MISSION, VISION AND VALUES - 3 Published with permission by Benicia Police Department Benicia Police Department Benicia PD Policy Manual Table of Contents LAW ENFORCEMENT CODE OF ETHICS. . . . . . . . . . . . . . . . 1 Chief of Police Preface. . . . . . . . . . . . . . . . . . . . . . 2 MISSION, VISION AND VALUES. . . . . . . . . . . . . . . . . . . 3 Chapter 1 - Law Enforcement Role and Authority. . . . . . . . . . . . . 9 100 - Law Enforcement Authority. . . . . . . . . . . . . . . . . . 10 102 - Chief Executive Officer. . . . . . . . . . . . . . . . . . . . 13 104 - Oath of Office. . . . . . . . . . . . . . . . . . . . . . . 14 106 - Policy Manual. . . . . . . . . . . . . . . . . . . . . . . 15 107 - Law Enforcement Code of Ethics. . . . . . . . . . . . . . . . 18 Chapter 2 - Organization and Administration. . . . . . . . . . . . . . 19 200 - Organizational Structure and Responsibility. . . . . . . . . . . . . 20 204 - General Order. . . . . . . . . . . . . . . . . . . . . . 22 206 - Emergency Management Plan. . . . . . . . . . . . . . . . . 23 208 - Training. . . . . . . . . . . . . . . . . . . . . . . . . 24 212 - Electronic Mail. . . . . . . . . . . . . . . . . . . . . . 27 214 - Administrative Communications. . . . . . . . . . . . . . . . . 29 216 - Staffing Levels. . . . . . . . . . . . . . . . . . . . . . 30 218 - License to Carry a Firearm. . . . . . . . . . . . . . . . . . 31 220 - Retiree Concealed Firearms. . . . . . . . . . . . . . . . . . 38 221 - Donation Policy. . . . . . . . . . . . . . . . . . . . . . 43 Chapter 3 - General Operations. . . . . . . . . . . . . . . . . . . 45 300 - Use of Force. . . . . . . . . . . . . . . . . . . . . . . 46 302 - Deadly Force Review. . . . . . . . . . . . . . . . . . . . 56 306 - Handcuffing and Restraints. . . . . . . . . . . . . . . . . . 59 308 - Control Devices and Techniques. . . . . . . . . . . . . . . . 63 309 - Conducted Energy Device. . . . . . . . . . . . . . . . . . . 68 310 - Officer-Involved Shootings and Deaths. . . . . . . . . . . . . . . 74 312 - Firearms. . . . . . . . . . . . . . . . . . . . . . . . 83 313 - Firearm Security in Vehicles. . . . . . . . . . . . . . . . . . 97 314 - Vehicle Pursuits. . . . . . . . . . . . . . . . . . . . . . 98 316 - Officer Response to Calls. . . . . . . . . . . . . . . . . . 112 318 - Canines. . . . . . . . . . . . . . . . . . . . . . . . 115 320 - Domestic Violence. . . . . . . . . . . . . . . . . . . . . 125 322 - Search and Seizure. . . . . . . . . . . . . . . . . . . . 132 324 - Temporary Custody of Juveniles. . . . . . . . . . . . . . . . 134 326 - Senior and Disability Victimization. . . . . . . . . . . . . . . . 145 328 - Discriminatory Harassment. . . . . . . . . . . . . . . . . . 160 330 - Child Abuse. . . . . . . . . . . . . . . . . . . . . . . 166 332 - Missing Persons. . . . . . . . . . . . . . . . . . . . . 174 Copyright Lexipol, LLC 2024/03/28, All Rights Reserved. Table of Contents - 4 Published with permission by Benicia Police Department Benicia Police Department Benicia PD Policy Manual 334 - Public Alerts. . . . . . . . . . . . . . . . . . . . . . . 180 336 - Victim and Witness Assistance. . . . . . . . . . . . . . . . . 187 338 - Hate Crimes. . . . . . . . . . . . . . . . . . . . . . . 190 340 - Standards of Conduct. . . . . . . . . . . . . . . . . . . . 201 342 - Information Technology Use. . . . . . . . . . . . . . . . . . 208 344 - Report Preparation. . . . . . . . . . . . . . . . . . . . . 212 346 - Media Relations. . . . . . . . . . . . . . . . . . . . . 217 348 - Subpoenas and Court Appearances. . . . . . . . . . . . . . . 221 352 - Outside Agency Assistance. . . . . . . . . . . . . . . . . . 224 356 - Registered Offender Information. . . . . . . . . . . . . . . . 226 358 - Major Incident Notification. . . . . . . . . . . . . . . . . . 229 360 - Death Investigation. . . . . . . . . . . . . . . . . . . . 231 362 - Identity Theft. . . . . . . . . . . . . . . . . . . . . . 234 364 - Private Persons Arrests. . . . . . . . . . . . . . . . . . . 235 368 - Limited English Proficiency Services. . . . . . . . . . . . . . . 237 370 - Communications with Persons with Disabilities. . . . . . . . . . . . 245 372 - Mandatory Employer Notification. . . . . . . . . . . . . . . . 253 374 - Biological Samples. . . . . . . . . . . . . . . . . . . . . 255 376 - Chaplains. . . . . . . . . . . . . . . . . . . . . . . . 258 378 - Public Safety Video Surveillance System. . . . . . . . . . . . . 265 385 - Volunteer Program. . . . . . . . . . . . . . . . . . . . . 269 387 - Off-Duty Law Enforcement Actions. . . . . . . . . . . . . . . 274 390 - Use of Social Media. . . . . . . . . . . . . . . . . . . . 276 391 - Reserve Officers. . . . . . . . . . . . . . . . . . . . . 279 392 - Native American Graves Protection and Repatriation. . . . . . . . . . 287 393 - Gun Violence Restraining Orders. . . . . . . . . . . . . . . . 289 394 - Community Relations. . . . . . . . . . . . . . . . . . . . 295 Chapter 4 - Patrol Operations. . . . . . . . . . . . . . . . . . . 300 400 - Patrol Function. . . . . . . . . . . . . . . . . . . . . . 301 401 - Bicycle Patrol Program. . . . . . . . . . . . . . . . . . . 303 402 - Bias-Based Policing. . . . . . . . . . . . . . . . . . . . 304 404 - Briefing Training. . . . . . . . . . . . . . . . . . . . . 308 406 - Crime and Disaster Scene Integrity. . . . . . . . . . . . . . . 309 408 - Crisis Response Unit. . . . . . . . . . . . . . . . . . . . 311 410 - Ride-Along Policy. . . . . . . . . . . . . . . . . . . . . 322 412 - Hazardous Material Response. . . . . . . . . . . . . . . . . 325 414 - Hostage and Barricade Incidents. . . . . . . . . . . . . . . . 327 416 - Response to Bomb Calls. . . . . . . . . . . . . . . . . . . 332 418 - Mental Illness Commitments. . . . . . . . . . . . . . . . . 337 420 - Cite and Release Policy. . . . . . . . . . . . . . . . . . . 342 422 - Foreign Diplomatic and Consular Representatives. . . . . . . . . . . 346 424 - Rapid Response and Deployment. . . . . . . . . . . . . . . . 350 428 - Immigration Violations. . . . . . . . . . . . . . . . . . . . 353 430 - Emergency Utility Service. . . . . . . . . . . . . . . . . . 359 433 - Aircraft Accidents. . . . . . . . . . . . . . . . . . . . . 360 435 - Field Training Officer Program. . . . . . . . . . . . . . . . . 364 Copyright Lexipol, LLC 2024/03/28, All Rights Reserved. Table of Contents - 5 Published with permission by Benicia Police Department Benicia Police Department Benicia PD Policy Manual 437 - Obtaining Air Support. . . . . . . . . . . . . . . . . . . . 367 439 - Contacts and Temporary Detentions. . . . . . . . . . . . . . . 368 441 - Criminal Organizations. . . . . . . . . . . . . . . . . . . 372 443 - Supervisory Officers. . . . . . . . . . . . . . . . . . . . 377 445 - Mobile Audio/Video. . . . . . . . . . . . . . . . . . . . 378 447 - Mobile Digital Terminal Use. . . . . . . . . . . . . . . . . . 385 449 - Portable Audio/Video Recorders. . . . . . . . . . . . . . . . 388 451 - Medical Marijuana. . . . . . . . . . . . . . . . . . . . . 396 453 - Bicycle Patrol Unit. . . . . . . . . . . . . . . . . . . . . 401 457 - Foot Pursuits. . . . . . . . . . . . . . . . . . . . . . 404 463 - Homeless Persons. . . . . . . . . . . . . . . . . . . . . 409 464 - Public Recording of Law Enforcement Activity. . . . . . . . . . . . 412 465 - Crisis Intervention Incidents. . . . . . . . . . . . . . . . . . 415 466 - Suspicious Activity Reporting. . . . . . . . . . . . . . . . . 420 467 - First Amendment Assemblies. . . . . . . . . . . . . . . . . 422 468 - Civil Disputes. . . . . . . . . . . . . . . . . . . . . . 430 469 - Medical Aid and Response. . . . . . . . . . . . . . . . . . 432 470 - Automated License Plate Readers (ALPRs). . . . . . . . . . . . . 436 Chapter 5 - Traffic Operations. . . . . . . . . . . . . . . . . . . 439 500 - Traffic Function and Responsibility. . . . . . . . . . . . . . . 440 501 - Traffic Motorcycle Units. . . . . . . . . . . . . . . . . . . 443 502 - Traffic Collision Reporting. . . . . . . . . . . . . . . . . . 446 510 - Vehicle Towing and Release. . . . . . . . . . . . . . . . . 448 512 - Vehicle Impound Hearings. . . . . . . . . . . . . . . . . . 454 514 - Impaired Driving. . . . . . . . . . . . . . . . . . . . . 456 516 - Traffic Citations. . . . . . . . . . . . . . . . . . . . . . 462 520 - Disabled Vehicles. . . . . . . . . . . . . . . . . . . . . 465 524 - 72-Hour Parking Violations. . . . . . . . . . . . . . . . . . 466 Chapter 6 - Investigation Operations. . . . . . . . . . . . . . . . . 468 600 - Investigation and Prosecution. . . . . . . . . . . . . . . . . 469 602 - Sexual Assault Investigations. . . . . . . . . . . . . . . . . 476 606 - Asset Forfeiture. . . . . . . . . . . . . . . . . . . . . . 482 608 - Informants. . . . . . . . . . . . . . . . . . . . . . . 489 610 - Eyewitness Identification. . . . . . . . . . . . . . . . . . . 494 612 - Brady Material Disclosure. . . . . . . . . . . . . . . . . . 498 613 - Warrant Service. . . . . . . . . . . . . . . . . . . . . 500 614 - Operations Planning and Deconfliction. . . . . . . . . . . . . . 504 Chapter 7 - Equipment. . . . . . . . . . . . . . . . . . . . . . 510 700 - Department Owned and Personal Property. . . . . . . . . . . . . 511 702 - Personal Communication Devices. . . . . . . . . . . . . . . . 513 704 - Vehicle Maintenance. . . . . . . . . . . . . . . . . . . . 517 706 - Vehicle Use. . . . . . . . . . . . . . . . . . . . . . . 519 707 - Cash Handling, Security and Management. . . . . . . . . . . . . 527 708 - Personal Protective Equipment. . . . . . . . . . . . . . . . . 529 Copyright Lexipol, LLC 2024/03/28, All Rights Reserved. Table of Contents - 6 Published with permission by Benicia Police Department Benicia Police Department Benicia PD Policy Manual 709 - Military Equipment. . . . . . . . . . . . . . . . . . . . . 534 Chapter 8 - Support Services. . . . . . . . . . . . . . . . . . . 545 800 - Crime Analysis. . . . . . . . . . . . . . . . . . . . . . 546 802 - Dispatch. . . . . . . . . . . . . . . . . . . . . . . . 547 803 - E911. . . . . . . . . . . . . . . . . . . . . . . . . 552 804 - Property and Evidence. . . . . . . . . . . . . . . . . . . 556 806 - Records Section. . . . . . . . . . . . . . . . . . . . . 565 808 - Restoration of Firearm Serial Numbers. . . . . . . . . . . . . . 567 810 - Records Maintenance and Release. . . . . . . . . . . . . . . 569 812 - Protected Information. . . . . . . . . . . . . . . . . . . . 579 814 - Computers and Digital Evidence. . . . . . . . . . . . . . . . 584 820 - Animal Control. . . . . . . . . . . . . . . . . . . . . . 588 Chapter 9 - Custody. . . . . . . . . . . . . . . . . . . . . . 592 900 - Temporary Custody of Adults. . . . . . . . . . . . . . . . . 593 902 - Custodial Searches. . . . . . . . . . . . . . . . . . . . 608 904 - Prison Rape Elimination. . . . . . . . . . . . . . . . . . . 613 Chapter 10 - Personnel. . . . . . . . . . . . . . . . . . . . . 623 1000 - Recruitment and Selection. . . . . . . . . . . . . . . . . . 624 1002 - Evaluation of Employees. . . . . . . . . . . . . . . . . . 631 1003 - Performance Review For Probationary Employees. . . . . . . . . . 634 1004 - Special Assignments and Promotions. . . . . . . . . . . . . . 637 1006 - Grievance Procedure. . . . . . . . . . . . . . . . . . . 639 1008 - Anti-Retaliation. . . . . . . . . . . . . . . . . . . . . 641 1010 - Reporting of Employee Convictions. . . . . . . . . . . . . . . 645 1011 - Peer Support Program. . . . . . . . . . . . . . . . . . . 647 1012 - Drug- and Alcohol-Free Workplace. . . . . . . . . . . . . . . 652 1014 - Sick Leave. . . . . . . . . . . . . . . . . . . . . . . 655 1016 - Communicable Diseases. . . . . . . . . . . . . . . . . . 657 1018 - Smoking and Tobacco Use. . . . . . . . . . . . . . . . . 662 1020 - Personnel Complaints. . . . . . . . . . . . . . . . . . . 663 1022 - Seat Belts. . . . . . . . . . . . . . . . . . . . . . . 675 1023 - Mentoring Program. . . . . . . . . . . . . . . . . . . . 677 1024 - Body Armor. . . . . . . . . . . . . . . . . . . . . . 679 1026 - Personnel Records. . . . . . . . . . . . . . . . . . . . 681 1028 - Request for Change of Assignment. . . . . . . . . . . . . . . 690 1030 - Commendations and Awards. . . . . . . . . . . . . . . . . 691 1032 - Fitness for Duty. . . . . . . . . . . . . . . . . . . . . 696 1033 - PHYSICAL FITNESS PROGRAM. . . . . . . . . . . . . . . 699 1034 - Meal Periods and Breaks. . . . . . . . . . . . . . . . . . 702 1035 - Lactation Break Policy. . . . . . . . . . . . . . . . . . . 703 1036 - Payroll Records. . . . . . . . . . . . . . . . . . . . . 705 1038 - Overtime Compensation Requests. . . . . . . . . . . . . . . 706 1039 - Quiet Room. . . . . . . . . . . . . . . . . . . . . . 708 1040 - Outside Employment. . . . . . . . . . . . . . . . . . . . 710 Copyright Lexipol, LLC 2024/03/28, All Rights Reserved. Table of Contents - 7 Published with permission by Benicia Police Department Benicia Police Department Benicia PD Policy Manual 1042 - Occupational Disease and Work-Related Injury Reporting. . . . . . . . 715 1044 - Personal Appearance Standards. . . . . . . . . . . . . . . . 717 1046 - Uniform Regulations. . . . . . . . . . . . . . . . . . . . 720 1048 - Police Cadets. . . . . . . . . . . . . . . . . . . . . . 728 1050 - Nepotism and Conflicting Relationships. . . . . . . . . . . . . . 730 1052 - Department Badges. . . . . . . . . . . . . . . . . . . . 733 1054 - Temporary Modified-Duty Assignments. . . . . . . . . . . . . . 735 1058 - Employee Speech, Expression and Social Networking. . . . . . . . . 739 1059 - Illness and Injury Prevention. . . . . . . . . . . . . . . . . 743 1060 - Line-of-Duty Deaths. . . . . . . . . . . . . . . . . . . . 749 1061 - Wellness Program. . . . . . . . . . . . . . . . . . . . 761 Attachments. . . . . . . . . . . . . . . . . . . . . . . . . 766 Statutes and Legal Requirements.pdf. . . . . . . . . . . . . . . . 767 Hate Crime Checklist.pdf. . . . . . . . . . . . . . . . . . . . 768 Commission on Peace Officer Standards and Training Hate Crimes Model Policy 2019.pdf. . . . . . . . . . . . . . . . . . . . . . . . . . . 769 Supplemental Hate Crime Report.pdf. . . . . . . . . . . . . . . . . 770 Copyright Lexipol, LLC 2024/03/28, All Rights Reserved. Table of Contents - 8 Published with permission by Benicia Police Department Benicia Police Department Benicia PD Policy Manual Chapter 1 - Law Enforcement Role and Authority Copyright Lexipol, LLC 2024/03/28, All Rights Reserved. Law Enforcement Role and Authority - 9 Published with permission by Benicia Police Department Policy Benicia Police Department 100 Benicia PD Policy Manual Law Enforcement Authority 100.1 PURPOSE AND SCOPE The purpose of this policy is to affirm the authority of the members of the Benicia Police Department to perform their functions based on established legal authority. 100.2 PEACE OFFICER POWERS Sworn members of this [department/office] are authorized to exercise peace officer powers pursuant to applicable state law (Penal Code § 830.1 et seq.). 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 arrest occurred (Penal Code § 821; Penal Code § 822). 100.2.2 JURISDICTION While this department recognizes the statutory power of peace officers to make arrests throughout the state, officers are encouraged to use sound discretion in the enforcement of the law. 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. 100.2.3 ARREST AUTHORITY OUTSIDE THE JURISDICTION OF THE BENICIA POLICE DEPARTMENT The arrest authority outside the jurisdiction of the Benicia Police Department includes (Penal Code § 830.1; Penal Code § 836): (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. Copyright Lexipol, LLC 2024/03/28, All Rights Reserved. Law Enforcement Authority - 10 Published with permission by Benicia Police Department Benicia Police Department Benicia PD Policy Manual Benicia PD Policy Manual Law Enforcement Authority On-duty arrests will not generally be made outside the jurisdiction of this [department/office] except in cases of hot or fresh pursuit, while following up on crimes committed within 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. 100.2.4 ARREST AUTHORITY INSIDE THE JURISDICTION OF THE BENICIA POLICE DEPARTMENT The arrest authority within the jurisdiction of the Benicia Police Department includes (Penal Code § 830.1; Penal Code § 836): (a) When the officer has probable cause to believe the person has committed a felony, whether or not committed in the presence of the officer. (b) When the officer has probable cause to believe the person has committed a misdemeanor in this jurisdiction and in the presence of the officer. (c) When the officer has probable cause to believe the person has committed a public offense outside this jurisdiction, in the presence of the officer and the officer reasonably believes there is an immediate danger to person or property, or of escape. (d) When the officer has probable cause to believe the person has committed a misdemeanor for which an arrest is authorized or required by statute even though the offense has not been committed in the presence of the officer such as certain domestic violence offenses. (e) In compliance with an arrest warrant. 100.2.5 TIME OF MISDEMEANOR ARRESTS Officers shall not arrest a person for a misdemeanor between the hours of 10:00 p.m. of any day and 6:00 a.m. of the next day unless (Penal Code § 840): (a) The arrest is made without a warrant pursuant to Penal Code § 836 which includes: 1. A misdemeanor committed in the presence of the officer. 2. Misdemeanor domestic violence offenses (See the Domestic Violence Policy). (b) The arrest is made in a public place. (c) The arrest is made with the person in custody pursuant to another lawful arrest. (d) The arrest is made pursuant to a warrant which, for good cause shown, directs that it may be served at any time of the day or night. 100.2.6 OREGON AUTHORITY Sworn members of this [department/office] 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: Copyright Lexipol, LLC 2024/03/28, All Rights Reserved. Law Enforcement Authority - 11 Published with permission by Benicia Police Department Benicia Police Department Benicia PD Policy Manual Benicia PD Policy Manual Law Enforcement Authority (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 or other similar public safety situations, regardless of whether an Oregon law enforcement official is present at the scene of the incident. Benicia Police Department officers have no authority to enforce Oregon traffic or motor vehicle laws. Whenever practicable, officers should seek permission from a [department/office] 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 CONSTITUTIONAL REQUIREMENTS All employees shall observe and comply with every person’s clearly established rights under the United States and California Constitutions. 100.4 POLICY It is the policy of the Benicia Police Department to limit its members to only exercise the authority granted to them by law. While this [department/office] 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/office] does not tolerate the abuse of law enforcement authority. 100.5 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). 100.6 CONSTITUTIONAL REQUIREMENTS All members shall observe and comply with every person’s clearly established rights under the United States and California Constitutions. Copyright Lexipol, LLC 2024/03/28, All Rights Reserved. Law Enforcement Authority - 12 Published with permission by Benicia Police Department Policy Benicia Police Department 102 Benicia PD Policy Manual 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 (Penal Code § 832.4). Copyright Lexipol, LLC 2024/03/28, All Rights Reserved. Chief Executive Officer - 13 Published with permission by Benicia Police Department Policy Benicia Police Department 104 Benicia PD Policy Manual Oath of Office 104.1 PURPOSE AND SCOPE The purpose of this policy is to ensure that oaths, when appropriate, are administered to department members. 104.2 POLICY It is the policy of the Benicia Police Department that, when appropriate, department members affirm the oath of their office as an expression of commitment to the constitutional rights of those served by the Department and the dedication of its members to their duties. 104.3 OATH OF OFFICE All department members, when appropriate, shall take and subscribe to the oaths or affirmations applicable to their positions. All sworn members shall be required to affirm the oath of office expressing commitment and intent to respect constitutional rights in discharging the duties of a law enforcement officer (Cal. Const. Art. 20, § 3; Government Code § 3102). The oath shall be as follows: “I, (employee name), do solemnly swear (or affirm) that I will support and defend the Constitution of the United States and the Constitution of the State of California against all enemies, foreign and domestic; that I will bear true faith and allegiance to the Constitution of the United States and the Constitution of the State of California; that I take this obligation freely, without any mental reservation or purpose of evasion; and that I will well and faithfully discharge the duties upon which I am about to enter.” 104.4 MAINTENANCE OF RECORDS The oath of office shall be filed as prescribed by law (Government Code § 3105). Copyright Lexipol, LLC 2024/03/28, All Rights Reserved. Oath of Office - 14 Published with permission by Benicia Police Department Policy Benicia Police Department 106 Benicia PD Policy Manual Policy Manual 106.1 PURPOSE AND SCOPE The manual of the Benicia Police Department is hereby established and shall be referred to as the Policy Manual or the manual. The manual is a statement of the current policies, rules and guidelines of this department. All members are to conform to the provisions of this manual. All prior and existing manuals, orders and regulations that are in conflict with this manual are rescinded, except to the extent that portions of existing manuals, procedures, orders and other regulations that have not been included herein shall remain in effect, provided that they do not conflict with the provisions of this manual. 106.2 POLICY Except where otherwise expressly stated, the provisions of this manual shall be considered as guidelines. It is recognized that the work of law enforcement is not always predictable and circumstances may arise which warrant departure from these guidelines. It is the intent of this manual to be viewed from an objective standard, taking into consideration the sound discretion entrusted to members of this department under the circumstances reasonably available at the time of any incident. 106.2.1 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 Benicia 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 members. Violations of any provision of any policy contained within this manual shall only form the basis for department administrative action, training or discipline. The Benicia Police Department reserves the right to revise any policy content, in whole or in part. 106.3 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 General Orders, which shall modify those provisions of the manual to which they pertain. General Orders shall remain in effect until such time as they may be permanently incorporated into the manual. 106.4 DEFINITIONS The following words and terms shall have these assigned meanings throughout the Policy Manual, unless it is apparent from the content that they have a different meaning: Adult - Any person 18 years of age or older. CCR - California Code of Regulations (Example: 15 CCR 1151). CHP- The California Highway Patrol. Copyright Lexipol, LLC 2024/03/28, All Rights Reserved. Policy Manual - 15 Published with permission by Benicia Police Department Benicia Police Department Benicia PD Policy Manual Benicia PD Policy Manual Policy Manual CFR - Code of Federal Regulations. City - The City of Benicia. Non-sworn - Employees and volunteers who are not sworn peace officers. Department/BPD - The Benicia Police Department. DMV - The Department of Motor Vehicles. Employee - Any person employed by the Department. Juvenile- Any person under the age of 18 years. Manual - The Benicia Police Department Policy Manual. May - Indicates a permissive, discretionary or conditional action. Member - Any person employed or appointed by the Benicia Police Department, including: • Full- and part-time employees • Sworn peace officers • Reserve, auxiliary officers • Non-sworn employees • Volunteers. Officer - Those employees, regardless of rank, who are sworn peace officers of the Benicia Police Department. On-duty - A member’s status during the period when he/she is actually engaged in the performance of his/her assigned duties. Order - A written or verbal instruction issued by a superior. POST - The California Commission on Peace Officer Standards and Training. Rank - The title of the classification held by an officer. Shall or will - Indicates a mandatory action. Should - Indicates a generally required or expected action, absent a rational basis for failing to conform. Supervisor - A person in a position of authority that may include responsibility for hiring, transfer, suspension, promotion, discharge, assignment, reward or discipline of other department members, directing the work of other members or having the authority to adjust grievances. The supervisory exercise of authority may not be merely routine or clerical in nature but requires the use of independent judgment. 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. Copyright Lexipol, LLC 2024/03/28, All Rights Reserved. Policy Manual - 16 Published with permission by Benicia Police Department Benicia Police Department Benicia PD Policy Manual Benicia PD Policy Manual Policy Manual When there is only one department member on-duty, that person may also be the supervisor, except when circumstances reasonably require the notification or involvement of the member’s off-duty supervisor or an on-call supervisor. USC - United States Code. 106.5 ISSUING THE POLICY MANUAL An electronic version of the Policy Manual will be made available to all members on the department network for viewing and printing. No changes shall be made to the manual without authorization from the Chief of Police or the authorized designee. Each member shall acknowledge that he/she has been provided access to, and has had the opportunity to review the Policy Manual and General Orders. Members shall seek clarification as needed from an appropriate supervisor for any provisions that they do not fully understand. 106.6 PERIODIC REVIEW OF THE POLICY MANUAL The Chief of Police will ensure that the Policy Manual is periodically reviewed and updated as necessary. 106.7 REVISIONS TO POLICIES All revisions to the Policy Manual will be provided to each member on or before the date the policy becomes effective. Each member will be required to acknowledge that he/she has reviewed the revisions and shall seek clarification from an appropriate supervisor as needed. Members are responsible for keeping abreast of all Policy Manual revisions. Each Division Commander will ensure that members under his/her command are aware of any Policy Manual revision. All department members 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. Copyright Lexipol, LLC 2024/03/28, All Rights Reserved. Policy Manual - 17 Published with permission by Benicia Police Department Policy Benicia Police Department 107 Benicia PD Policy Manual Law Enforcement Code of Ethics 107.1 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/office] at all times. 107.2 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). 107.3 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/office]. 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. 107.3.1 OBJECTION TO RELIGIOUS AFFIRMATION Reference to religious affirmation in the Law Enforcement Code of Ethics may be omitted where objected to by the officer. Copyright Lexipol, LLC 2024/03/28, All Rights Reserved. Law Enforcement Code of Ethics - 18 Published with permission by Benicia Police Department Benicia Police Department Benicia PD Policy Manual Chapter 2 - Organization and Administration Copyright Lexipol, LLC 2024/03/28, All Rights Reserved. Organization and Administration - 19 Published with permission by Benicia Police Department Policy Benicia Police Department 200 Benicia PD Policy Manual 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 Benicia Police Department. There are two divisions in the police Department: • Services Division • Operations Division 200.2.1 SERVICES DIVISION The Services Division is commanded by a Lieutenant, whose primary responsibility is to provide general management direction and control for the Services Division. The Services Division consists of Investigations Bureau, Youth Services Bureau, Family Resource Center, Dispatch, Records, Policy & Training, Volunteers (Coordinator), Special Events, Fleet, Information Technology and Public Information Officer. 200.2.2 OPERATIONS DIVISION The Operations Division is commanded by a Lieutenant, whose primary responsibility is to provide general management direction and control for the Operations Division. The Operations Division consists of Uniformed Patrol, Reserve Officer Program, Traffic, Field Training Program, K-9 Unit, Special Weapons & Tactics (SWAT), Mobile Field Force (MFF) and Animal Control. 200.2.3 . 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 will designate a Division Commander to serve as the acting Chief of Police. Except when designated as above, the order of command authority in the absence or unavailability of the Chief of Police is as follows: (a) Operation Division Commander (b) Services Division 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 Copyright Lexipol, LLC 2024/03/28, All Rights Reserved. Organizational Structure and Responsibility - Published with permission by Benicia Police Department 20 Benicia Police Department Benicia PD Policy Manual Benicia PD Policy Manual Organizational Structure and Responsibility assignment or responsibility. Except where specifically delegated authority may exist by policy or special assignment (e.g., K-9, SWAT), any supervisor may temporarily direct any subordinate if an operational necessity exists. 200.3.3 ORDERS Members shall respond to and make a good faith and reasonable effort to comply with the lawful order of superior officers and other proper authority. Copyright Lexipol, LLC 2024/03/28, All Rights Reserved. Organizational Structure and Responsibility - Published with permission by Benicia Police Department 21 Policy Benicia Police Department 204 Benicia PD Policy Manual General Order 204.1 PURPOSE AND SCOPE General Orders establish an interdepartmental communication that may be used by the Chief of Police to make immediate changes topolicy and procedure consistent with the current Memorandum of Understanding and as permitted by Government Code § 3500 et seq. General Orders will immediately modify or change and supersede sections of this manual to which they pertain. 204.1.1 GENERAL ORDER PROTOCOL General Orders will be incorporated into the manual as required upon approval of Staff. General Orders will modify existing policies or create a new policy as appropriate and will be rescinded upon incorporation into the manual. All existing General Orders have now been incorporated in the updated Policy Manual as of the below revision date. Any General Orders issued after publication of the manual shall be numbered consecutively starting with the last two digits of the year, followed by the number 01. For example, 12-01 signifies the first General Order 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 General Order. 204.2.2 CHIEF OF POLICE The Chief of Police shall issue all General Orders. Copyright Lexipol, LLC 2024/03/28, All Rights Reserved. General Order - 22 Published with permission by Benicia Police Department Policy Benicia Police Department 206 Benicia PD Policy Manual Emergency Management Plan 206.1 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 (Government Code § 8610). 206.2 ACTIVATING THE EMERGENCY PLAN The Emergency Management Plan can be activated on the order of the official designated by local ordinance. 206.2.1 RECALL OF PERSONNEL In the event that the Emergency Management Plan is activated, all employees of the Benicia 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. 206.3 LOCATION OF THE PLAN The Emergency Management Plan is available in Services and the Supervisor's office. All supervisors should familiarize themselves with the Emergency Management Plan. The Services supervisor should ensure that department personnel are familiar with the roles police personnel will play when the plan is implemented. 206.4 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. Copyright Lexipol, LLC 2024/03/28, All Rights Reserved. Emergency Management Plan - 23 Published with permission by Benicia Police Department Policy Benicia Police Department 208 Benicia PD Policy Manual Training 208.1 PURPOSE AND SCOPE It is the policy of this [department/office] to administer a training program that will provide for the professional growth and continued development of its personnel. By doing so, the [Department/ Office] will ensure its personnel possess the knowledge and skills necessary to provide a professional level of service that meets the needs of the community. 208.2 PHILOSOPHY The [Department/Office] 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/Office] will use courses certified by the California Commission on Peace Officer Standards and Training (POST). 208.3 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/office] personnel. (d) Ensure compliance with POST rules and regulations concerning law enforcement training. 208.4 TRAINING PLAN A training plan will be developed and maintained by the Administrative Sergeant. It is the responsibility of the Administrative Sergeant to maintain, review, and update the training plan on an annual basis. The plan will address the following areas: • Legislative Changes and case law; • State Mandated Training • Critical Issues Training • Projected Sworn and Non-Sworn Training Classes 208.5 TRAINING NEEDS ASSESSMENT The Administrative Sergeant will conduct an annual training-needs assessment of the [Department/Office]. 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. Copyright Lexipol, LLC 2024/03/28, All Rights Reserved. Training - 24 Published with permission by Benicia Police Department Benicia Police Department Benicia PD Policy Manual Benicia PD Policy Manual Training 208.6 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 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 Sergeant to attend the required training on an alternate date. 208.7 DAILY TRAINING BULLETINS The Lexipol Daily Training Bulletins (DTBs) is a web-accessed system that provides training on the Benicia Police Department Policy Manual and other important topics. Generally, one training bulletin is available for each day of the month. However, the number of DTBs may be adjusted by the Training Sergeant. Personnel assigned to participate in DTBs should only use the password and login name assigned to them by the Training Sergeant. Personnel should not share their password with others and should frequently change their password to protect the security of the system. After each session, employees should log off the system to prevent unauthorized access. The content of the DTBs is copyrighted material and shall not be shared with others outside of the [Department/Office]. 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. Copyright Lexipol, LLC 2024/03/28, All Rights Reserved. Training - 25 Published with permission by Benicia Police Department Benicia Police Department Benicia PD Policy Manual Benicia PD Policy Manual Training 208.8 POLICY The [Department/Office] shall administer a training program that will meet the standards of federal, state, local, and POST training requirements. It is a priority of this [department/office] to provide continuing education and training for the professional growth and development of its members. 208.9 TRAINING SERGEANT The Chief of Police shall designate a Training Sergeant who is responsible for developing, reviewing, updating, and maintaining the [department/office] training plan so that required training is completed. The Training Sergeant should review the training plan annually. 208.9.1 TRAINING RESTRICTION The Training Sergeant is responsible for establishing a process to identify officers who are restricted from training other officers for the time period specified by law because of a sustained use of force complaint (Government Code § 7286(b)). Copyright Lexipol, LLC 2024/03/28, All Rights Reserved. Training - 26 Published with permission by Benicia Police Department Policy Benicia Police Department 212 Benicia PD Policy Manual Electronic Mail 212.1 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. E-mail 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 e-mail 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. 212.2 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. 212.3 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. 212.4 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. Copyright Lexipol, LLC 2024/03/28, All Rights Reserved. Electronic Mail - 27 Published with permission by Benicia Police Department Benicia Police Department Benicia PD Policy Manual Benicia PD Policy Manual Electronic Mail The Custodian of Records shall ensure that email messages are retained and recoverable as outlined in the Records Maintenance and Release Policy. Copyright Lexipol, LLC 2024/03/28, All Rights Reserved. Electronic Mail - 28 Published with permission by Benicia Police Department Policy Benicia Police Department 214 Benicia PD Policy Manual Administrative Communications 214.1 PURPOSE AND SCOPE Administrative communications of this department are governed by the following policies. 214.2 MEMORANDUMS Memorandums may be issued periodically by the Chief of Police to announce and document all promotions, transfers, hiring of new personnel, separations, personnel and group commendations, or other changes in status. 214.3 CORRESPONDENCE In order to ensure that the letterhead and name of the Department are not misused, all external correspondence shall be on Department letterhead. All Department letterhead shall bear the signature element of the Chief of Police. Personnel should use Department letterhead only for official business and with approval of their supervisor. 214.4 SURVEYS All surveys made in the name of the Department shall be authorized by the Chief of Police or a Division Commander. Copyright Lexipol, LLC 2024/03/28, All Rights Reserved. Administrative Communications - 29 Published with permission by Benicia Police Department Policy Benicia Police Department 216 Benicia PD Policy Manual Staffing Levels 216.1 PURPOSE AND SCOPE The purpose of this policy is to ensure that proper supervision is available for all shifts. The Department intends to balance the employee's needs against the need to have flexibility and discretion in using personnel to meet operational needs. While balance is desirable, the paramount concern is the need to meet operational requirements of the Department. 216.2 MINIMUM STAFFING LEVELS Minimum staffing levels should result in the scheduling of at least one regular supervisor on duty whenever possible. Division Commanders will ensure that at least one field supervisor is deployed during each watch. 216.2.1 SUPERVISION DEPLOYMENTS In order to accommodate training and other unforeseen circumstances, officers classified as an "Acting Supervisor" may be used as field supervisors in place of a field sergeant. An Acting Supervisor may act as a supervisory officer for a limited period of time with prior authorization from the a Sergeant, the Patrol Division Commander, or the on-call administrator. Copyright Lexipol, LLC 2024/03/28, All Rights Reserved. Staffing Levels - 30 Published with permission by Benicia Police Department Policy Benicia Police Department 218 Benicia PD Policy Manual License to Carry a Firearm 218.1 PURPOSE AND SCOPE The purpose of this policy is to provide a written process for the application, issuance, denial, appeal, and revocation of a license to carry a firearm (Penal Code § 26150; Penal Code § 26155). 218.1.1 APPLICATION OF POLICY Nothing in this policy shall preclude the Chief or other head of a municipal police [department/ office] 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/office] to process all applications and license renewals for the carrying of concealed weapons (Penal Code § 26150; Penal Code § 26155). 218.1.2 APPLICATION OF POLICY It is the policy that the Benicia PoliceDepartment will refer all concealed weapon permits to the Solano County Sheriff's Office. (Penal Code § 12050(g)). In the event the Benicia Police Department were to consider issuing a concealed weapons permit, the following policy would be adhered to. 218.2 POLICY The Benicia Police Department will fairly and impartially consider all applications to carry firearms in accordance with applicable law and this policy. 218.3 QUALIFIED APPLICANTS In order to qualify for a license to carry a firearm, the applicant must: (a) Be deemed not to be a disqualified person as provided in Penal Code § 26202. (b) Be deemed not to be prohibited by state or federal law from possessing, receiving, owning, or purchasing a firearm (Penal Code § 26185; Penal Code § 26195). (c) Be a resident of the City of Benicia (Penal Code § 26150; Penal Code § 26155). (d) Be at least 21 years of age, and present clear evidence of identity and age as defined in Penal Code § 16400 (Penal Code § 26150; Penal Code § 26155). (e) Fully complete the California Department of Justice (DOJ) application (Penal Code § 26175). (f) Submit fingerprints and a complete criminal background check (Penal Code § 26185). (g) Pay all associated application fees (Penal Code § 26190). (h) Be the recorded owner of the firearm, with the California DOJ, for which the license will be issued, as determined by the Benicia Police Department (Penal Code § 26162). (i) Be free from any psychological conditions that might make the applicant unsuitable for carrying a firearm (Penal Code § 26190). (j) Complete required training described in Penal Code § 26165. Copyright Lexipol, LLC 2024/03/28, All Rights Reserved. License to Carry a Firearm - 31 Published with permission by Benicia Police Department Benicia Police Department Benicia PD Policy Manual Benicia PD Policy Manual License to Carry a Firearm 218.3.1 PHASE ONE (TO BE COMPLETED BY ALL APPLICANTS) (a) Any individual applying for a license to carry a concealed weapon shall first fully complete a Concealed Weapons License Application to be signed under penalty of perjury. It is against the law to knowingly make any false statements on such an application (Penal Code § 12051 (b) & (c)). 1. In the event of any discrepancies in the application or background investigation, the applicant may be required to undergo a polygraph examination. 2. If an incomplete CCW 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 CCW Permit 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 Department of Justice for the required application fee along with a separate check made payable to the City of Benicia for a nonrefundable 20 percent of the application fee to cover the cost of processing. (a) The application fee does not include any additional fees required for fingerprinting, training or psychological testing. (b) Full payment of the remainder of the application fee will be required upon issuance of a license. (c) Payment of related fees may be waived if the applicant is a duly appointed reserve peace officer as defined in Penal Code § 830.6 (a) or (b) (Penal Code § 12050 (a)(1)(C)). (c) The applicant shall be required to submit to Live-Scan fingerprinting and a complete criminal background check by the Department of Justice. A second set of fingerprints may be required for retention in department files. Two recent passport size photos (two inches by two inches) of the applicant shall be submitted for department use. Fingerprint and photograph fees will be collected in addition to the application fees. No person determined to fall within a prohibited class described in Penal Code §§ 12021 or 12021.1 or Welfare and Institutions Code §§ 8100 or 8103 may be issued a license to carry a concealed weapon. (d) The applicant shall submit at least three signed letters of character reference from individuals other than relatives. (e) The applicant shall submit proof of ownership and registration of each weapon to be licensed for concealment. Copyright Lexipol, LLC 2024/03/28, All Rights Reserved. License to Carry a Firearm - 32 Published with permission by Benicia Police Department Benicia Police Department Benicia PD Policy Manual Benicia PD Policy Manual License to Carry a Firearm 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 Department of Justice, whichever is later (Penal Code § 12052.5). 218.4 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. 218.4.1 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 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 (Penal Code § 26180). 1. If an incomplete application package is received, the Chief of Police or the 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). (b) Applicant fees shall be submitted and processed according to [department/office]- established procedures and Penal Code § 26190. 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 Penal Code § 830.6 (a) or (b) (Penal Code § 26170). (c) Additional documents may be requested of the applicant as required to complete the application process (e.g., photograph, proof of residency). Copyright Lexipol, LLC 2024/03/28, All Rights Reserved. License to Carry a Firearm - 33 Published with permission by Benicia Police Department Benicia Police Department Benicia PD Policy Manual Benicia PD Policy Manual License to Carry a Firearm (d) The applicant shall submit proof of ownership or registration of each firearm to be licensed. Within 90 days of receiving the completed application for a new license, the [Department/Office] shall give written notice to the applicant of the [Department/Office]'s initial determination, based on its preliminary investigation, whether or not the applicant is a disqualified person (Penal Code § 26202). If the determination is that the applicant is not a disqualified person, the notice shall inform the applicant to proceed with the training requirements as specified in Penal Code § 26165. 218.4.2 PHASE TWO This phase is to be completed only by those applicants successfully completing phase one. (a) Fingerprints and related information required by the California DOJ shall be submitted to the California DOJ as provided in Penal Code § 26185. (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/ Office] for psychological testing. The cost of such psychological testing shall be paid by the applicant but shall not exceed the reasonable costs to the [Department/Office] (Penal Code § 26190). (c) The applicant shall complete a course of training approved by the [Department/Office], which complies with Penal Code § 26165. (d) The applicant shall submit any firearm to be considered for a license to the Rangemaster or other [department/office] 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 (Penal Code § 31910). (e) The applicant shall successfully complete a firearms safety and proficiency examination with the firearm to be licensed, to be administered by the [department/ office] Rangemaster, or provide proof of successful completion of another [department/office]-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 (Penal Code § 26170). 218.5 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 a person may carry the firearm (Penal Code § 26200(b)). 1. All such restrictions or conditions shall be conspicuously noted on any license issued (Penal Code § 26200(c)). Copyright Lexipol, LLC 2024/03/28, All Rights Reserved. License to Carry a Firearm - 34 Published with permission by Benicia Police Department Benicia Police Department Benicia PD Policy Manual Benicia PD Policy Manual License to Carry a Firearm 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 clearly identify the licensee, bear a photograph and fingerprints of the licensee with the expiration date, type of firearm, restrictions, and other pertinent information as described by Penal Code § 26175. The license may be laminated (Penal Code § 26175). (c) The license will be valid for a period not to exceed two years from the date of issuance (Penal Code § 26220). 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 Penal Code § 830.6(a) or (b), or a custodial officer employed by the Sheriff as provided in Penal Code § 831.5 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 (Penal Code § 26210). (e) The licensee shall notify this [department/office] in writing within 10 days of any change of place of residency. Within 10 days of receiving such notice, the [Department/Office] shall notify the California DOJ (Penal Code § 26210). 218.5.1 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 (Penal Code § 26215): (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 (Penal Code § 26210). 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. 218.5.2 REVOCATION OF LICENSES Any license issued pursuant to this policy shall be revoked by the Chief of Police for any of the following reasons (Penal Code § 26195): (a) The licensee is prohibited by state or federal law from owning or purchasing a firearm. Copyright Lexipol, LLC 2024/03/28, All Rights Reserved. License to Carry a Firearm - 35 Published with permission by Benicia Police Department Benicia Police Department Benicia PD Policy Manual Benicia PD Policy Manual License to Carry a Firearm (b) The licensee has become a disqualified person and cannot receive such a license in accordance with the standards set forth in Penal Code § 26202. (c) The licensee has breached any of the conditions or restrictions described in Penal Code § 26200. (d) Any information provided by a licensee in connection with an application for a new license or a license renewal is inaccurate or incomplete. (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 (Penal Code § 26210). 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/Office] will immediately notify the licensee in writing and the California DOJ (Penal Code § 26225). 218.5.3 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 training course pursuant to Penal Code § 26165. (c) Submitting any firearm to be considered for a license renewal to the Rangemaster 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 (Penal Code § 31910). (d) Paying the applicable renewal application fee. Within 90 days of receiving the completed application for a renewal license, the [Department/ Office] shall give written notice to the applicant of the [department/office]'s initial determination whether or not the applicant is a disqualified person (Penal Code § 26202). If the determination is that the applicant is not a disqualified person, the notice shall inform the applicant to proceed with the training requirements as specified in Penal Code § 26165. The [Department/Office] shall then submit the renewal notification to the California DOJ as provided in Penal Code § 26185. Once the Chief of Police or the 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. 218.6 [DEPARTMENT/OFFICE] REPORTING AND RECORDS The [Department/Office] shall maintain a record of the following and immediately provide copies of each to the California DOJ (Penal Code § 26225): (a) The denial of a license Copyright Lexipol, LLC 2024/03/28, All Rights Reserved. License to Carry a Firearm - 36 Published with permission by Benicia Police Department Benicia Police Department Benicia PD Policy Manual Benicia PD Policy Manual License to Carry a Firearm (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. 218.7 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 a public record (Government Code § 7923.805). 218.8 WRITTEN NOTICE FOR DENIAL OF LICENSE The Chief of Police or the authorized designee shall give written notice to the applicant for a new license that the license is approved or denied within 120 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 (Penal Code § 26205). Written notice to an applicant for a renewal license that is approved or denied shall be given within 120 days of receiving the completed application (Penal Code § 26205). Additionally, regardless of the type of license, if the license is denied, the notice shall state which requirement was not satisfied (Penal Code § 26205). 218.8.1 ADDITIONAL REQUIREMENTS If an application for a new license, renewal of a license, or revocation is denied based on a determination that the person is a disqualified person as provided by Penal Code § 26202, the Chief of Police or the authorized designee shall provide the person with the notice of determination as provided by Penal Code § 26202(d), Penal Code § 26205, or Penal Code § 26195(b)(3). The notice shall state the reason why the determination was made and inform the applicant that they may request a hearing from a court. The [Department/Office] shall also provide the most recent California DOJ hearing request form to the applicant (Penal Code § 26206). If an application for a new license, renewal of a license, or revocation is denied for any other reason as described in Penal Code § 26206(i), the Chief of Police or the authorized designee shall provide the person with the notice required under Penal Code § 26205 or Penal Code § 26195(b) (3), as applicable, and inform the applicant they may apply to the county Superior Court for a writ of mandate pursuant to Code of Civil Procedure § 1085 (Penal Code § 26206). 218.9 POLICY AVAILABILITY This policy shall be made accessible to the public as provided by Penal Code § 26160. Copyright Lexipol, LLC 2024/03/28, All Rights Reserved. License to Carry a Firearm - 37 Published with permission by Benicia Police Department Policy Benicia Police Department 220 Benicia PD Policy Manual Retiree Concealed Firearms 220.1 PURPOSE AND SCOPE The purpose of this policy is to provide guidelines for the issuance, denial, suspension or revocation of Benicia Police Department identification cards under the Law Enforcement Officers’ Safety Act (LEOSA) and California law (18 USC § 926C; Penal Code § 25455). 220.2 POLICY It is the policy of the Benicia Police Department to provide identification cards to qualified former or retired officers as provided in this policy. 220.3 LEOSA The Chief of Police may issue an identification card for LEOSA purposes to any qualified former officer of this who (18 USC § 926C(c)): (a) Separated from service in good standing from this [department/office] 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/office]. (c) Has not been disqualified for reasons related to mental health. (d) Has not entered into an agreement with this [department/office] 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. 220.3.1 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 Benicia 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. 220.3.2 AUTHORIZATION Any qualified former law enforcement officer, including a former officer of this department, may carry a concealed firearm under 18 USC § 926C when he/she is: (a) In possession of photographic identification that identifies him/her as having been employed as a law enforcement officer, and one of the following: 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. Copyright Lexipol, LLC 2024/03/28, All Rights Reserved. Retiree Concealed Firearms - 38 Published with permission by Benicia Police Department Benicia Police Department Benicia PD Policy Manual Benicia PD Policy Manual Retiree Concealed Firearms 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. 220.4 CALIFORNIA IDENTIFICATION CARD ISSUANCE Any full-time sworn officer of this [department/office] who was authorized to, and did, carry a concealed firearm during the course and scope of his/her employment shall be issued an identification card with a Carrying Concealed Weapon endorsement, "CCW Approved," upon honorable retirement (Penal Code § 25455). (a) For the purpose of this policy, honorably retired includes all peace officers who have qualified for, and accepted, a service or disability retirement. It shall not include any officer who retires in lieu of termination. (b) No CCW Approved endorsement shall be issued to any officer retiring because of a psychological disability (Penal Code § 26305). 220.4.1 CALIFORNIA IDENTIFICATION CARD FORMAT The identification card issued to any qualified and honorably retired officer shall be 2 inches by 3 inches, and minimally contain (Penal Code § 25460): (a) A photograph of the retiree. (b) The retiree’s name and date of birth. (c) The date of retirement. (d) The name and address of this [department/office]. (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.” 220.4.2 QUALIFIED RETIREES FROM INCORPORATED JURISDICTION The Benicia Police Department shall provide an identification card with a CCW Approved endorsement to honorably retired peace officers from any jurisdiction that this department now serves under the following conditions (Penal Code § 25905): (a) The retiree's previous agency is no longer providing law enforcement services or the relevant government body is dissolved. Copyright Lexipol, LLC 2024/03/28, All Rights Reserved. Retiree Concealed Firearms - 39 Published with permission by Benicia Police Department Benicia Police Department Benicia PD Policy Manual Benicia PD Policy Manual Retiree Concealed Firearms (b) This [department/office] is in possession of the retiree’s complete personnel record or can verify the retiree’s honorably retired status. (c) The retiree is in compliance with all of the requirements of this [department/office] for the issuance of a CCW Approved endorsement. 220.4.3 QUALIFIED RETIRED RESERVES Qualified retired reserve officers who meet the department requirements shall be provided an identification card with a CCW Approved endorsement (Penal Code § 26300). 220.5 FORMER OFFICER RESPONSIBILITIES A former officer with a card issued under this policy shall immediately notify the Supervisor 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. 220.5.1 RESPONSIBILITIES UNDER LEOSA In order to obtain or retain a LEOSA identification card, the former officer shall: (a) Sign a waiver of liability of the [Department/Office] 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/Office]. (b) Remain subject to all applicable [department/office] 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. 220.5.2 MAINTAINING A CALIFORNIA IDENTIFICATION CARD CCW ENDORSEMENT In order to maintain a CCW Approved endorsement on an identification card issued under California law, the retired officer shall (Penal Code § 26305): (a) Qualify annually with the authorized firearm at a course approved by this [department/ office] at the retired officer’s expense. (b) Remain subject to all applicable [department/office] 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/Office]. 220.6 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/Office]. In the event that an identification card is denied, Copyright Lexipol, LLC 2024/03/28, All Rights Reserved. Retiree Concealed Firearms - 40 Published with permission by Benicia Police Department Benicia Police Department Benicia PD Policy Manual Benicia PD Policy Manual Retiree Concealed Firearms suspended, or revoked, the former officer may request a review by the Chief of Police. The decision of the Chief of Police is final. 220.7 FIREARM QUALIFICATIONS The Rangemaster may provide former officers from this [department/office] an opportunity to qualify. Written evidence of the qualification and the weapons used will be provided and will contain the date of the qualification. The Rangemaster will maintain a record of the qualifications and weapons used. 220.8 DENIAL, SUSPENSION, OR REVOCATION OF A CALIFORNIA CCW ENDORSEMENT CARD A CCW endorsement for any officer retired from this [department/office] may be denied or revoked only upon a showing of good cause. The CCW endorsement may be immediately and temporarily revoked by the Supervisor when the conduct of a retired peace officer compromises public safety (Penal Code § 25470). (a) In the event that a CCW endorsement is initially denied, the retired officer shall have 15 days from the date of denial to request a formal hearing. The failure to submit a timely written request for a hearing shall be deemed a waiver of such right. The hearing, absent written agreement between the parties, shall be held no later than 120 days after the request is received. (b) Prior to revocation of any CCW endorsement, the [Department/Office] shall provide the affected retiree with written notice of a hearing by either personal service or first class mail, postage prepaid, return receipt requested to the retiree’s last known address (Penal Code § 26315). 1. The retiree shall have 15 days from the date of service to file a written request for a hearing. 2. The hearing, absent written agreement between the parties, shall be held no later than 120 days after the request is received (Penal Code § 26315). 3. The failure to submit a timely written request for a hearing shall be deemed a waiver of such right. (c) A hearing for the denial or revocation of any CCW endorsement shall be conducted before a hearing board composed of three members, one selected by the [Department/ Office], one selected by the retiree or his/her employee organization, and one selected jointly (Penal Code § 26320). 1. The decision of such hearing board shall be binding on the [Department/Office] 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/Office] will then reissue a new identification card which shall be stamped “No CCW Privilege.” (d) Members who have reason to suspect the conduct of a retiree has compromised public safety shall notify the Supervisor as soon as practicable. The Supervisor should Copyright Lexipol, LLC 2024/03/28, All Rights Reserved. Retiree Concealed Firearms - 41 Published with permission by Benicia Police Department Benicia Police Department Benicia PD Policy Manual Benicia PD Policy Manual Retiree Concealed Firearms promptly take appropriate steps to look into the matter and, if warranted, contact the retiree in person and advise him/her of the temporary suspension and hearing information listed below. 1. Notification of the temporary suspension should also be promptly mailed to the retiree via first class mail, postage prepaid, return receipt requested (Penal Code § 26312). 2. The Supervisor should document the investigation, the actions taken and, if applicable, any notification made to the retiree. The memo should be forwarded to the Chief of Police. 3. The personal and written notification should be as follows: (a) The retiree’s CCW endorsement is immediately and temporarily suspended. (b) The retiree has 15 days to request a hearing to determine whether the temporary suspension should become permanent revocation. (c) The retiree will forfeit his/her right to a hearing and the CCW endorsement will be permanently revoked if the retiree fails to respond to the notice of hearing within the 15-day period. 4. In the event that personal contact with the retiree cannot be reasonably achieved in a timely manner, the Supervisor 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 Supervisor may request that a law enforcement officer from that agency act as the agent of the [Department/Office] to deliver the written notification. Copyright Lexipol, LLC 2024/03/28, All Rights Reserved. Retiree Concealed Firearms - 42 Published with permission by Benicia Police Department Policy Benicia Police Department 221 Benicia PD Policy Manual Donation Policy 221.1 PURPOSE AND SCOPE It is the policy of the Benicia Police Department to accept donations from legitimate sources when the item(s) donated serve to improve, enhance or broaden the service that we deliver to the community. The purpose of this policy is to establish a guideline for the acceptance of donations and for the solicitation of donations by employees. The active solicitation of money or property by members of the Police Department needs to be carefully considered. The public perception must be considered so that there is no appearance of inappropriate behavior. Our only desire is to involve the local community, or a part of it, in providing a better service to them and with them, by working together for some unique needs which arise outside the normal budget process. 221.2 DEFINITIONS A. DONATIONS: Donations can be a gift of currency, personal or real property or any other asset that will serve a purpose and not bring discredit to the Police Department. They may result from internal departmental fund raising drives or externally through approved community or individual solicitations or fund raising events. B. SOLICITATION: The act of openly and directly seeking funds or property to be donated in order to augment or fund a Police Department activity, function or portion thereof by an employee or group of employees. 221.3 PROCEDURE The Chief of Police shall have the sole authority to approve the solicitation and/or acceptance of donations. All solicitation drives must be well planned and shall be fully developed with plans submitted through the chain of command and will become operative only after approval by the Chief of Police. The following procedure shall be followed when a person wishes to make a direct donation or a donation resulting from a fund raising program: A. CURRENCY: Any person wishing to make a donation should be encouraged to contact the Chief of Police; the employee may accept the donation on behalf of the Chief should the donor not desire to contact the Chief. The donor should be asked to specify the intended purpose, if any, of the contribution. Donors should be encouraged to make their contributions by check, where possible. All donors will be issued receipts by the accepting employee. Receipts shall be forwarded to the Chief of Police along with a memo identifying the donor and the intended purpose of the donation, if any. B. TANGIBLE PROPERTY: Any property to be donated to the Benicia Police Department shall be approved as to utility and usefulness, prior to acceptance. Full documentation of the description, quantity, intended purpose and/or utility and estimated value should be forwarded through the Copyright Lexipol, LLC 2024/03/28, All Rights Reserved. Donation Policy - 43 Published with permission by Benicia Police Department Benicia Police Department Benicia PD Policy Manual Benicia PD Policy Manual Donation Policy chain of command to the employee's Division Commander along with a recommendation as to its suitability. The Division Commander shall confer with the Chief of Police as to the acceptability of the item(s). Donors shall be given receipts describing the item(s) donated, estimating their market value. C. DISPOSTION: All currency that is received as a donation shall be forwarded to the Administrative Secretary for deposit. This money shall be deposited into a specific police department donation account. Accounting procedures shall track the donations by date, source, purpose, and disbursement activity. Notification of all approved tangible property donated shall be given to the Services Division property section which will have the property converted to the City Property and assign it as determined by staff. Employees wishing to use non-designated, donated money or property for qualified projects, equipment, events, etc. shall submit their request along with justification through the chain of command to their Division Commander. Each allocation of money or property shall be based upon the approval of the Chief of Police. Copyright Lexipol, LLC 2024/03/28, All Rights Reserved. Donation Policy - 44 Published with permission by Benicia Police Department Benicia Police Department Benicia PD Policy Manual Chapter 3 - General Operations Copyright Lexipol, LLC 2024/03/28, All Rights Reserved. General Operations - 45 Published with permission by Benicia Police Department Policy Benicia Police Department 300 Benicia PD Policy Manual Use of Force 300.1 PURPOSE AND SCOPE This policy provides guidelines on the reasonable use of force. While there is no way to specify the exact amount or type of reasonable force to be applied in any situation, every member of this [department/office] 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. Retaliation prohibitions for reporting suspected violations are addressed in the Anti-Retaliation Policy. 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. Copyright Lexipol, LLC 2024/03/28, All Rights Reserved. Use of Force - 46 Published with permission by Benicia Police Department Benicia Police Department Benicia PD Policy Manual Benicia PD Policy Manual Use of Force The [Department/Office] 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. 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 (as defined by Government Code § 7286) 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 immediately report these observations to a supervisor (Government Code § 7286(b)). As used in this subsection, "immediately" means as soon as it is safe and feasible to do so. 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 or authorized tools, weapons, or methods provided by the [Department/Office]. Officers may find it more effective or reasonable to improvise Copyright Lexipol, LLC 2024/03/28, All Rights Reserved. Use of Force - 47 Published with permission by Benicia Police Department Benicia Police Department Benicia PD Policy Manual Benicia PD Policy Manual Use of Force 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. 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. Copyright Lexipol, LLC 2024/03/28, All Rights Reserved. Use of Force - 48 Published with permission by Benicia Police Department Benicia Police Department Benicia PD Policy Manual Benicia PD Policy Manual Use of Force (l) Training and experience of the officer. (m) Potential for injury to officers, suspects, bystanders, and others. (n) Whether the person appears to be resisting, attempting to evade arrest by flight, or is attacking the officer. (o) The risk and reasonably foreseeable consequences of escape. (p) The apparent need for immediate control of the subject or a prompt resolution of the situation. (q) Whether the conduct of the individual being confronted no longer reasonably appears to pose an imminent threat to the officer or others. (r) Prior contacts with the subject or awareness of any propensity for violence. (s) Any other exigent circumstances. 300.3.3 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/office]-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 Benicia 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. Copyright Lexipol, LLC 2024/03/28, All Rights Reserved. Use of Force - 49 Published with permission by Benicia Police Department Benicia Police Department Benicia PD Policy Manual Benicia PD Policy Manual Use of Force (b) Formulating a plan with responding officers before entering an unstable situation that does not reasonably appear to require immediate intervention. (c) Employing other tactics that do not unreasonably increase officer jeopardy. In addition, when reasonable, officers should evaluate the totality of circumstances presented at the time in each situation and, when feasible, consider and utilize reasonably available alternative tactics and techniques that may persuade an individual to voluntarily comply or may mitigate the need to use a higher level of force to resolve the situation before applying force (Government Code § 7286(b)). Such alternatives may include but are not limited to: (a) Attempts to de-escalate a situation. (b) If reasonably available, the use of crisis intervention techniques by properly trained personnel. 300.3.6 RESTRICTIONS ON THE USE OF A CHOKE HOLD Officers of this [department/office] are not authorized to use a choke hold. A choke hold means any defensive tactic or force option in which direct pressure is applied to a person’s trachea or windpipe (Government Code § 7286.5). 300.3.7 ADDITIONAL RESTRICTIONS Terms such as "positional asphyxia," "restraint asphyxia," and "excited delirium" continue to remain the subject of debate among experts and medical professionals, are not universally recognized medical conditions, and frequently involve other collateral or controlling factors such as narcotics or alcohol influence or pre-existing medical conditions. While it is impractical to restrict an officer's use of reasonable control methods when attempting to restrain a combative individual, officers are not authorized to use any restraint or transportation method which might unreasonably impair an individual's breathing or respiratory capacity for a period beyond the point when the individual has been adequately and safely controlled. Once the individual is safely secured, officers should promptly check and continuously monitor the individual's condition for signs of medical distress (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 themself 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): Copyright Lexipol, LLC 2024/03/28, All Rights Reserved. Use of Force - 50 Published with permission by Benicia Police Department Benicia Police Department Benicia PD Policy Manual Benicia PD Policy Manual Use of Force (a) An officer may use deadly force to protect themself or others from what the officer 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 themself, 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). Additionally, an officer should not use deadly force against a person whose actions are a threat solely to property. An "imminent" threat of death or serious bodily injury exists when, based on the totality of the circumstances, a reasonable officer in the same situation would believe that a person has the present ability, opportunity, and apparent intent to immediately cause death or serious bodily injury to the officer or another person. An officer's subjective fear of future harm alone is insufficient as an imminent threat. An imminent threat is one that from appearances is reasonably believed to require instant attention (Penal Code § 835a). 300.4.1 SHOOTING AT OR FROM MOVING VEHICLES Shots fired at or from a moving vehicle are rarely effective and involve considerations and risks in addition to the justification for the use of deadly force. 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 The intentional pointing of a firearm at a person is a reportable use of force. 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. Copyright Lexipol, LLC 2024/03/28, All Rights Reserved. Use of Force - 51 Published with permission by Benicia Police Department Benicia Police Department Benicia PD Policy Manual Benicia PD Policy Manual Use of Force Once it is reasonably safe to do so, officers should carefully secure all firearms. 300.5 REPORTING THE USE OF FORCE Any use of force by a member of this [department/office] 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/Office] may require the completion of additional report forms, as specified in [department/office] policy, procedure, or law. See the Report Preparation Policy for additional circumstances that may require documentation. 300.5.1 NOTIFICATION TO SUPERVISORS Any use of force by an officer shall be reported immediately to a supervisor, including but not limited to the following circumstances (Penal Code § 832.13): (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 conducted energy device or control device. (f) Any application of a restraint device other than handcuffs, shackles, or belly chains. (g) The individual subjected to the force was rendered unconscious. (h) An individual was struck or kicked. (i) An individual alleges unreasonable force was used or that any of the above has occurred. As used in this subsection, "immediately" means as soon as it is safe and feasible to do so. 300.5.2 REPORTING TO CALIFORNIA DEPARTMENT OF JUSTICE Statistical data regarding all officer-involved shootings and incidents involving use of force resulting in serious bodily injury is to be reported to the California Department of Justice as required by Government Code § 12525.2. See the Records Section Policy. 300.5.3 REPORT RESTRICTIONS Officers shall not use the term "excited delirium" to describe an individual in an incident report. Officers may describe the characteristics of an individual's conduct, but shall not generally describe the individual's demeanor, conduct, or physical and mental condition at issue as "excited delirium" (Health and Safety Code § 24402). Copyright Lexipol, LLC 2024/03/28, All Rights Reserved. Use of Force - 52 Published with permission by Benicia Police Department Benicia Police Department Benicia PD Policy Manual Benicia PD Policy Manual Use of Force 300.6 MEDICAL CONSIDERATIONS 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 the individual 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, 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. See the Medical Aid and Response Policy for additional guidelines. 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: Copyright Lexipol, LLC 2024/03/28, All Rights Reserved. Use of Force - 53 Published with permission by Benicia Police Department Benicia Police Department Benicia PD Policy Manual Benicia PD Policy Manual Use of Force 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 SUPERVISOR RESPONSIBILITY The Supervisor 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 annual training on this policy and demonstrate their knowledge and understanding (Government Code § 7286(b)). 300.8.1 TRAINING REQUIREMENTS Required annual training shall include: (a) Legal updates. (b) De-escalation tactics, including alternatives to force. (c) The duty to intercede. (d) The duty to request and/or render medical aid. (e) Warning shots (see the Firearms Policy). (f) All other subjects covered in this policy (e.g., use of deadly force, chokeholds and carotid holds, discharge of a firearm at or from a moving vehicle, verbal warnings). Copyright Lexipol, LLC 2024/03/28, All Rights Reserved. Use of Force - 54 Published with permission by Benicia Police Department Benicia Police Department Benicia PD Policy Manual Benicia PD Policy Manual Use of Force (g) Training courses required by and consistent with POST guidelines set forth in Penal Code § 13519.10. See the Training Policy for restrictions relating to officers who are the subject of a sustained use of force complaint. 300.8.2 STATE-SPECIFIC TRAINING REQUIREMENTS Required state-specific training shall include guidelines regarding vulnerable populations, including but not limited to children, elderly persons, pregnant individuals, and individuals with physical, mental, and developmental disabilities (Government Code § 7286(b)). 300.9 USE OF FORCE ANALYSIS At least annually, the Patrol 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 members. (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)). Copyright Lexipol, LLC 2024/03/28, All Rights Reserved. Use of Force - 55 Published with permission by Benicia Police Department Policy Benicia Police Department 302 Benicia PD Policy Manual Deadly Force Review 302.1 PURPOSE AND SCOPE This policy establishes a process for the Benicia Police Department to review the use of force by its employees. This review process shall be in addition to any other review or investigation that may be conducted by any outside or multi-agency entity having jurisdiction over the investigation or evaluation of the use of deadly force. 302.2 POLICY The Benicia Police Department will objectively evaluate the use of force by its members to ensure that their authority is used lawfully, appropriately and is consistent with training and policy. 302.3 REMOVAL FROM LINE DUTY ASSIGNMENT Generally, whenever an employee's actions or use of force in an official capacity, or while using department equipment, results in death or very serious injury to another, that employee will be placed in a temporary administrative assignment pending an administrative review. The Chief of Police may exercise discretion and choose not to place an employee in an administrative assignment in any case. 302.4 REVIEW BOARD The Use of Force Review Board will be convened when the use of force by a member results in very serious injury or death to another. The Use of Force Review Board will also investigate and review the circumstances surrounding every discharge of a firearm, whether the employee was on- or off-duty, excluding training or recreational use. The Chief of Police may request the Use of Force Review Board to investigate the circumstances surrounding any use of force incident. The Services Division Commander will convene the Use of Force Review Board as necessary. It will be the responsibility of the Division Commander or supervisor of the involved employee to notify the Services Division Commander of any incidents requiring board review. The involved employee's Division Commander or supervisor will also ensure that all relevant reports, documents and materials are available for consideration and review by the board. 302.4.1 COMPOSITION OF THE BOARD The Services Division Commander should select five Use of Force Review Board members from the following, as appropriate: • Representatives of each division • Commanding officer in the involved member's chain of command • Training Sergeant Copyright Lexipol, LLC 2024/03/28, All Rights Reserved. Deadly Force Review - 56 Published with permission by Benicia Police Department Benicia Police Department Benicia PD Policy Manual Benicia PD Policy Manual Deadly Force Review • Non-administrative supervisor • A peer officer • A sworn peace officer from an outside law enforcement agency • Department instructor for the type of weapon, device or technique used The senior ranking command representative who is not in the same division as the involved employee will serve as chairperson. 302.4.2 RESPONSIBILITIES OF THE BOARD The Use of Force Review Board is empowered to conduct an administrative review and inquiry into the circumstances of an incident. The board members may request further investigation, request reports be submitted for the board's review, call persons to present information and request the involved employee to appear. The involved employee will be notified of the meeting of the board and may choose to have a representative through all phases of the review process. The board does not have the authority to recommend discipline. The Chief of Police will determine whether the board should delay its review until after completion of any criminal investigation, review by any prosecutorial body, filing of criminal charges the decision not to file criminal charges, or any other action. The board should be provided all relevant available material from these proceedings for its consideration. Absent an express waiver from the employee, no more than two members of the board may ask questions of the involved employee (Government Code § 3303). Other members may provide questions to these members. The review shall be based upon those facts which were reasonably believed or known by the officer at the time of the incident, applying any legal requirements, department policies, procedures and approved training to those facts. Facts later discovered but unknown to the officer at the time shall neither justify nor call into question an officer's decision regarding the use of force. Any questioning of the involved employee conducted by the board will be in accordance with the department's disciplinary procedures, the Personnel Complaints Policy, the current collective bargaining agreement and any applicable state or federal law. The board shall make one of the following recommended findings: (a) The employee's actions were within department policy and procedure. (b) The employee's actions were in violation of department policy and procedure. A recommended finding requires a majority vote of the board. The board may also recommend additional investigations or reviews, such as disciplinary investigations, training reviews to consider whether training should be developed or revised, and policy reviews, as may be appropriate. The board chairperson will submit the written recommendation to the Chief of Police. Copyright Lexipol, LLC 2024/03/28, All Rights Reserved. Deadly Force Review - 57 Published with permission by Benicia Police Department Benicia Police Department Benicia PD Policy Manual Benicia PD Policy Manual Deadly Force Review The Chief of Police shall review the recommendation, make a final determination as to whether the employee's actions were within policy and procedure and will determine whether any additional actions, investigations or reviews are appropriate. The Chief of Police's final findings will be forwarded to the involved employee's Division Commander for review and appropriate action. If the Chief of Police concludes that discipline should be considered, a disciplinary process will be initiated. At the conclusion of any additional reviews, copies of all relevant reports and information will be filed with the Chief of Police. Copyright Lexipol, LLC 2024/03/28, All Rights Reserved. Deadly Force Review - 58 Published with permission by Benicia Police Department Policy Benicia Police Department 306 Benicia PD Policy Manual Handcuffing and Restraints 306.1 PURPOSE AND SCOPE This policy provides guidelines for the use of handcuffs and other restraints during detentions and arrests. 306.2 POLICY The Benicia Police Department authorizes the use of restraint devices in accordance with this policy, the Use of Force Policy, and [department/office] training. Restraint devices shall not be used to punish, to display authority, or as a show of force. 306.3 USE OF RESTRAINTS Only members who have successfully completed Benicia 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. 306.3.1 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. 306.3.2 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. 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 Copyright Lexipol, LLC 2024/03/28, All Rights Reserved. Handcuffing and Restraints - 59 Published with permission by Benicia Police Department Benicia Police Department Benicia PD Policy Manual Benicia PD Policy Manual Handcuffing and Restraints determination that such restraints are necessary for the safety of the arrestee, officers, or others (Penal Code § 3407; Penal Code § 6030). 306.3.3 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. 306.3.4 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. 306.4 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/Office]. 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. 306.5 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. 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 Copyright Lexipol, LLC 2024/03/28, All Rights Reserved. Handcuffing and Restraints - 60 Published with permission by Benicia Police Department Benicia Police Department Benicia PD Policy Manual Benicia PD Policy Manual Handcuffing and Restraints 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. 306.6 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/office]-authorized devices may be used. Any person in auxiliary restraints should be monitored as reasonably appears necessary. 306.7 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/Office] 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). 306.7.1 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. (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. Copyright Lexipol, LLC 2024/03/28, All Rights Reserved. Handcuffing and Restraints - 61 Published with permission by Benicia Police Department Benicia Police Department Benicia PD Policy Manual Benicia PD Policy Manual Handcuffing and Restraints (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). 306.8 REQUIRED DOCUMENTATION If a person is restrained and released without an arrest, the officer shall document the details of the detention and the need for handcuffs or other restraints. If a person is arrested, the use of handcuffs or other restraints shall be documented in the related report. Officers should document the following information in reports, as appropriate, when restraints other than handcuffs are used on a person: (a) The factors that led to the decision to use restraints. (b) Supervisor notification and approval of restraint use. (c) The types of restraint used. (d) The amount of time the person was restrained. (e) How the person was transported and the position of the person during transport. (f) Observations of the person’s behavior and any signs of physiological problems. (g) Any known or suspected drug use or other medical problems. 306.9 TRAINING Subject to available resources, the Training Sergeant should ensure that officers receive periodic training on the proper use of handcuffs and other restraints, including: (a) Proper placement and fit of handcuffs and other restraint devices approved for use by the [Department/Office]. (b) Response to complaints of pain by restrained persons. (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. Copyright Lexipol, LLC 2024/03/28, All Rights Reserved. Handcuffing and Restraints - 62 Published with permission by Benicia Police Department Policy Benicia Police Department 308 Benicia PD Policy Manual Control Devices and Techniques 308.1 PURPOSE AND SCOPE This policy provides guidelines for the use and maintenance of control devices that are described in this policy. 308.2 POLICY In order to control subjects who are violent or who demonstrate the intent to be violent, the Benicia Police Department authorizes officers to use control devices in accordance with the guidelines in this policy and the Use of Force Policy. 308.3 ISSUING, CARRYING AND USING CONTROL DEVICES Control devices described in this policy may be carried and used by members of this department only if the device has been issued by the Department or approved by the Chief of Police or the authorized designee. Only officers who have successfully completed department-approved training in the use of any control device are authorized to carry and use the device. Control devices may be used when a decision has been made to control, restrain or arrest a subject who is violent or who demonstrates the intent to be violent, and the use of the device appears reasonable under the circumstances. When reasonable, a verbal warning and opportunity to comply should precede the use of these devices. When using control devices, officers should carefully consider potential impact areas in order to minimize injuries and unintentional targets. 308.4 RESPONSIBILITIES 308.4.1 WATCHCOMMANDER RESPONSIBILITIES The Supervisor may authorize the use of a control device by selected personnel or members of specialized units who have successfully completed the required training. 308.4.2 RANGEMASTER RESPONSIBILITIES The Rangemaster shall control the inventory and issuance of all control devices and shall ensure that all damaged, inoperative, outdated or expended control devices or munitions are properly disposed of, repaired or replaced. Every control device will be periodically inspected by the Rangemaster or the designated instructor for a particular control device. The inspection shall be documented. 308.4.3 USER RESPONSIBILITIES All normal maintenance, charging or cleaning shall remain the responsibility of personnel using the various devices. Copyright Lexipol, LLC 2024/03/28, All Rights Reserved. Control Devices and Techniques - 63 Published with permission by Benicia Police Department Benicia Police Department Benicia PD Policy Manual Benicia PD Policy Manual Control Devices and Techniques Any damaged, inoperative, outdated or expended control devices or munitions, along with documentation explaining the cause of the damage, shall be returned to the Rangemaster for disposition. Damage to City property forms shall also be prepared and forwarded through the chain of command, when appropriate, explaining the cause of damage. 308.5 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. 308.6 TEAR GAS GUIDELINES Tear gas may be used for crowd control, crowd dispersal or against barricaded suspects based on the circumstances. Only the Supervisor, Incident Commander or Crisis Response Unit Commander may authorize the delivery and use of tear gas, and only after evaluating all conditions known at the time and determining that such force reasonably appears justified and necessary. When practicable, fire personnel should be alerted or summoned to the scene prior to the deployment of tear gas to control any fires and to assist in providing medical aid or gas evacuation if needed. 308.7 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. 308.7.1 OC SPRAY Uniformed personnel carrying OC spray shall carry the device in its holster on the equipment belt. Plainclothes and non-field personnel may carry OC spray as authorized, in accordance with the needs of their assignment or at the direction of their supervisor. 308.7.2 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. Copyright Lexipol, LLC 2024/03/28, All Rights Reserved. Control Devices and Techniques - 64 Published with permission by Benicia Police Department Benicia Police Department Benicia PD Policy Manual Benicia PD Policy Manual Control Devices and Techniques Officers encountering a situation that warrants the use of a pepper projectile system shall notify a supervisor as soon as practicable. A supervisor shall respond to all pepper projectile system incidents where the suspect has been hit or exposed to the chemical agent. The supervisor shall ensure that all notifications and reports are completed as required by the Use of Force Policy. Each deployment of a pepper projectile system shall be documented. This includes situations where the launcher was directed toward the suspect, whether or not the launcher was used. Unintentional discharges shall be promptly reported to a supervisor and documented on the appropriate report form. Only non-incident use of a pepper projectile system, such as training and product demonstrations, is exempt from the reporting requirement. 308.7.3 TREATMENT FOR OC SPRAY EXPOSURE Persons who have been sprayed with or otherwise affected by the use of OC should be promptly provided with clean water to cleanse the affected areas. Those persons who complain of further severe effects shall be examined by appropriate medical personnel. 308.8 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. 308.9 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. 308.9.1 DEPLOYMENT AND USE Only department-approved kinetic energy munitions shall be carried and deployed. Approved munitions may be used to compel an individual to cease his/her actions when such munitions present a reasonable option. Officers are not required or compelled to use approved munitions in lieu of other reasonable tactics if the involved officer determines that deployment of these munitions cannot be done safely. The safety of hostages, innocent persons and officers takes priority over the safety of subjects engaged in criminal or suicidal behavior. Circumstances appropriate for deployment include, but are not limited to, situations in which: (a) The suspect is armed with a weapon and the tactical circumstances allow for the safe application of approved munitions. (b) The suspect has made credible threats to harm him/herself or others. Copyright Lexipol, LLC 2024/03/28, All Rights Reserved. Control Devices and Techniques - 65 Published with permission by Benicia Police Department Benicia Police Department Benicia PD Policy Manual Benicia PD Policy Manual Control Devices and Techniques (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. 308.9.2 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. 308.9.3 SAFETY PROCEDURES Shotguns specifically designated for use with kinetic energy projectiles will be specially marked in a manner that makes them readily identifiable as such. Officers will inspect the shotgun and projectiles at the beginning of each shift to ensure that the shotgun is in proper working order and the projectiles are of the approved type and appear to be free from defects. When it is not deployed, the shotgun will be unloaded and properly and securely stored in the vehicle. When deploying the kinetic energy projectile shotgun, the officer shall visually inspect the kinetic energy projectiles to ensure that conventional ammunition is not being loaded into the shotgun. Copyright Lexipol, LLC 2024/03/28, All Rights Reserved. Control Devices and Techniques - 66 Published with permission by Benicia Police Department Benicia Police Department Benicia PD Policy Manual Benicia PD Policy Manual Control Devices and Techniques 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. 308.10 TRAINING FOR CONTROL DEVICES The Training Sergeant shall ensure that all personnel who are authorized to carry a control device have been properly trained and certified to carry the specific control device and are retrained or recertified as necessary. (a) Proficiency training shall be monitored and documented by a certified, control-device weapons or tactics instructor. (b) All training and proficiency for control devices will be documented in the officer’s training file. (c) Officers who fail to demonstrate proficiency with the control device or knowledge of this agency’s Use of Force Policy will be provided remedial training. If an officer cannot demonstrate proficiency with a control device or knowledge of this agency’s Use of Force Policy after remedial training, the officer will be restricted from carrying the control device and may be subject to discipline. 308.11 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. Copyright Lexipol, LLC 2024/03/28, All Rights Reserved. Control Devices and Techniques - 67 Published with permission by Benicia Police Department Policy Benicia Police Department 309 Benicia PD Policy Manual Conducted Energy Device 309.1 PURPOSE AND SCOPE This policy provides guidelines for the issuance and use of the conducted energy device (CED). 309.2 POLICY The CED is used in an attempt to control a violent or potentially violent individual. The appropriate use of such a device may result in fewer serious injuries to officers and suspects. 309.3 ISSUANCE AND CARRYING CEDS Only members who have successfully completed [department/office]-approved training may be issued and may carry the CED. The Rangemaster should keep a log of issued CED devices and the serial numbers of cartridges/ magazines issued to members. CEDs are issued for use during a member's current assignment. Those leaving a particular assignment may be required to return the device to the [department/office] inventory. Officers shall only use the CED and cartridges/magazines that have been issued by the [Department/Office]. Cartridges/magazines should not be used after the manufacturer's expiration date. Uniformed officers who have been issued the CED shall wear the device in an approved holster. Officers who carry the CED while in uniform shall carry it in a holster on the side opposite the duty weapon (Penal Code § 13660). (a) All CEDs shall be clearly distinguishable to differentiate them from the duty weapon and any other device. (b) For single-shot devices, whenever practicable, officers should carry an additional cartridge on their person when carrying the CED. (c) Officers should not hold a firearm and the CED at the same time. Non-uniformed officers may secure the CED in a concealed, secure location in the driver's compartment of their vehicles. 309.3.1 USER RESPONSIBILITIES Officers shall be responsible for ensuring that the issued CED is properly maintained and in good working order. This includes a function test and battery life monitoring, as required by the manufacturer, and should be completed prior to the beginning of the officer's shift. CEDs that are damaged or inoperative, or cartridges/magazines that are expired or damaged, shall be returned to the Rangemaster for disposition. Officers shall submit documentation stating the reason for the return and how the CED or cartridge/magazine was damaged or became inoperative, if known. Copyright Lexipol, LLC 2024/03/28, All Rights Reserved. Conducted Energy Device - 68 Published with permission by Benicia Police Department Benicia Police Department Benicia PD Policy Manual Benicia PD Policy Manual Conducted Energy Device 309.4 VERBAL AND VISUAL WARNINGS A verbal warning of the intended use of the CED should precede its application, unless it would otherwise endanger the safety of officers or when it is not practicable due to the circumstances. The purpose of the warning is to: (a) Provide the individual with a reasonable opportunity to voluntarily comply. (b) Provide other officers and individuals with a warning that the CED may be deployed. If, after a verbal warning, an individual fails 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, activate any warning on the device, which may include display of the electrical arc, an audible warning, or the laser in a further attempt to gain compliance prior to the application of the CED. The laser should not be intentionally directed into anyone's eyes. 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 CED in the related report. 309.5 USE OF THE CED The CED has limitations and restrictions requiring consideration before its use. The CED should only be used when its operator can safely deploy the device within its operational range. Although the CED may be effective in controlling most individuals, officers should be aware that the device may not achieve the intended results and be prepared with other options. If sufficient personnel are available and can be safely assigned, an officer designated as lethal cover for any officer deploying a CED may be considered for officer safety. 309.5.1 APPLICATION OF THE CED The CED may be used, when the circumstances reasonably perceived by the officer at the time indicate that such application reasonably appears necessary to control a person who: (a) Is violent or is physically resisting. (b) 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, themself, or others. Mere flight from a pursuing officer, without additional circumstances or factors, is not good cause for the use of the CED to apprehend an individual. The CED shall not be used to psychologically torment, to elicit statements, or to punish any individual. 309.5.2 SPECIAL DEPLOYMENT CONSIDERATIONS The use of the CED 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 potential risk of using the device. This includes: (a) Individuals who are known to be pregnant. Copyright Lexipol, LLC 2024/03/28, All Rights Reserved. Conducted Energy Device - 69 Published with permission by Benicia Police Department Benicia Police Department Benicia PD Policy Manual Benicia PD Policy Manual Conducted Energy Device (b) Elderly individuals or obvious juveniles. (c) Individuals with obviously low body mass. (d) Individuals who are handcuffed or otherwise restrained. (e) Individuals known to have been recently sprayed with a flammable chemical agent or who are otherwise known to be in close proximity to any known combustible vapor or flammable material, including alcohol-based oleoresin capsicum (OC) spray. (f) Individuals whose position or activity is likely to result in collateral injury (e.g., falls from height, located in water, operating vehicles). Any CED capable of being applied in the drive-stun mode (i.e., direct contact without probes as a primary form of pain compliance) 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. 309.5.3 TARGETING CONSIDERATIONS Reasonable efforts should be made to target lower center mass and avoid the head, neck, chest and groin. If the dynamics of a situation or officer safety do not permit the officer to limit the application of the TASER device probes to a precise target area, officers should monitor the condition of the subject if one or more probes strikes the head, neck, chest or groin until the subject is examined by paramedics or other medical personnel. 309.5.4 MULTIPLE APPLICATIONS OF THE CED Once an officer has successfully deployed two probes on the subject, the officer should continually assess the subject to determine if additional probe deployments or cycles reasonably appear necessary. Additional factors officers may consider include but are not limited to: (a) Whether it is reasonable to believe that the need to control the individual outweighs the potentially increased risk posed by multiple applications. (b) Whether the probes are making proper contact. (c) Whether the individual has the ability and has been given a reasonable opportunity to comply. (d) Whether verbal commands or other options or tactics may be more effective. Given that on certain devices (e.g., TASER 10™) each trigger pull deploys a single probe, the officer must pull the trigger twice to deploy two probes to create the possibility of neuro-muscular incapacitation. 309.5.5 ACTIONS FOLLOWING DEPLOYMENTS Officers should take appropriate actions to control and restrain the individual as soon as reasonably practicable to minimize the need for longer or multiple exposures to the CED. As soon as practicable, officers shall notify a supervisor any time the CED has been discharged. If needed for evidentiary purposes, the expended cartridge, along with any probes and wire, should Copyright Lexipol, LLC 2024/03/28, All Rights Reserved. Conducted Energy Device - 70 Published with permission by Benicia Police Department Benicia Police Department Benicia PD Policy Manual Benicia PD Policy Manual Conducted Energy Device be submitted into evidence (including confetti tags, when equipped on the device). The evidence packaging should be marked "Biohazard" if the probes penetrated the subject's skin. 309.5.6 DANGEROUS ANIMALS The CED may be deployed against an animal if the animal reasonably appears to pose an imminent threat to human safety. 309.5.7 OFF-DUTY CONSIDERATIONS Officers are not authorized to carry [department/office] CEDs while off-duty. Officers shall ensure that CEDs 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. 309.6 DOCUMENTATION Officers shall document all CED discharges in the related arrest/crime reports and the CED report forms. Photographs should be taken of any obvious probe impact or drive-stun application sites and attached to the CED report form. Notification shall also be made to a supervisor in compliance with the Use of Force Policy. Unintentional discharges, pointing the device at a person, audible warning, laser activation, and arcing the device, other than for testing purposes, will also be documented on the report form. Data downloads from the CED after use on a subject should be done as soon as practicable using a [department/office]-approved process to preserve the data. 309.6.1 CED REPORT FORM As applicable based on the device type, items that shall be included in the CED report form are: (a) The brand, model, and serial number of the CED and any cartridge/magazine. (b) Date, time, and location of the incident. (c) Whether any warning, display, laser, or arc deterred a subject and gained compliance. (d) The number of probes deployed, CED activations, the duration of each cycle, the duration between activations, and (as best as can be determined) the duration that the subject received applications. (e) The range at which the CED was used. (f) The type of mode used (e.g., probe deployment, drive-stun). (g) Location of any probe impact. (h) Location of contact in drive-stun mode. (i) Description of where missed probes went. (j) Whether medical care was provided to the subject. (k) Whether the subject sustained any injuries. (l) Whether any officers sustained any injuries. The Training Sergeant should periodically analyze the report forms to identify trends, including deterrence and effectiveness. The Training Sergeant should also conduct audits of CED Copyright Lexipol, LLC 2024/03/28, All Rights Reserved. Conducted Energy Device - 71 Published with permission by Benicia Police Department Benicia Police Department Benicia PD Policy Manual Benicia PD Policy Manual Conducted Energy Device device data downloaded to an approved location and reconcile CED report forms with recorded activations. CED information and statistics, with identifying information removed, should periodically be made available to the public. 309.7 MEDICAL TREATMENT Consistent with local medical personnel protocols and absent extenuating circumstances, only appropriate medical personnel or officers trained in probe removal and handling should remove CED probes from a person's body. Used CED 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 CED probes or who have been subjected to the electric discharge of the device, or who sustained direct exposure of the laser to the eyes shall be medically assessed prior to booking. Additionally, any such individual who falls under any of the following categories should, as soon as practicable, be examined by paramedics or other qualified medical personnel: (a) The person is suspected of being under the influence of controlled substances and/ or alcohol. (b) The person may be pregnant. (c) The person reasonably appears to be in need of medical attention. (d) The CED 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 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/video 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 CED (see the Medical Aid and Response Policy). 309.8 SUPERVISOR RESPONSIBILITIES When possible, supervisors should respond to calls when they reasonably believe there is a likelihood the CED may be used. A supervisor should respond to all incidents where the CED was activated. A supervisor should review each incident where a person has been exposed to a CED. The device's internal logs should be downloaded by a supervisor or Rangemaster and saved with the related arrest/crime report. The supervisor should arrange for photographs of probe sites to be taken and witnesses to be interviewed. Copyright Lexipol, LLC 2024/03/28, All Rights Reserved. Conducted Energy Device - 72 Published with permission by Benicia Police Department Benicia Police Department Benicia PD Policy Manual Benicia PD Policy Manual Conducted Energy Device 309.9 TRAINING Personnel who are authorized to carry the CED shall be permitted to do so only after successfully completing the initial [department/office]-approved training. Any personnel who have not carried the CED as a part of their assignments for a period of six months or more shall be recertified by a qualified CED instructor prior to again carrying or using the device. Proficiency training for personnel who have been issued CEDs should occur every year. A reassessment of an officer's knowledge and/or practical skills may be required at any time, if deemed appropriate by the Training Sergeant. All training and proficiency for CEDs will be documented in the officer's training files. Command staff, supervisors, and investigators should receive CED training as appropriate for the investigations they conduct and review. Officers who do not carry CEDs should receive training that is sufficient to familiarize them with the device and with working with officers who use the device. The Training Sergeant is responsible for ensuring that all members who carry CEDs have received initial and annual proficiency training. Periodic audits should be used for verification. Application of CEDs during training could result in injuries and should not be mandatory for certification. The Training Sergeant should include the following training: (a) A review of this policy. (b) A review of the Use of Force Policy. (c) Performing weak-hand draws or cross-draws until proficient 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 to the head, neck, area of the heart, and groin. (e) Scenario-based training, including virtual reality training when available. (f) Handcuffing a subject during the application of the CED and transitioning to other force options. (g) De-escalation techniques. (h) Restraint techniques that do not impair respiration following the application of the CED. (i) Proper use of cover and concealment during deployment of the CED for purposes of officer safety. (j) Proper tactics and techniques related to multiple applications of CEDs. 309.10 SECTION TITLE Copyright Lexipol, LLC 2024/03/28, All Rights Reserved. Conducted Energy Device - 73 Published with permission by Benicia Police Department Policy Benicia Police Department 310 Benicia PD Policy Manual Officer-Involved Shootings and Deaths 310.1 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 another 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. 310.2 POLICY The policy of the Benicia Police Department is to ensure that officer-involved shootings and deaths are investigated in a thorough, fair and impartial manner. 310.3 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. 310.4 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. 310.4.1 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 Benicia Police Department would control the investigation if the suspect’s crime occurred in Benicia. 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. Copyright Lexipol, LLC 2024/03/28, All Rights Reserved. Officer-Involved Shootings and Deaths - 74 Published with permission by Benicia Police Department Benicia Police Department Benicia PD Policy Manual Benicia PD Policy Manual Officer-Involved Shootings and Deaths 310.4.2 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/office] is involved, the criminal investigation will be handled according to the Criminal Investigation section of this policy. Requests made of this [department/office] 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. 310.4.3 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. 310.5 INVESTIGATION PROCESS The following procedures are guidelines used in the investigation of an officer-involved shooting or death. 310.5.1 UNINVOLVED OFFICER RESPONSIBILITIES Upon arrival at the scene of an officer-involved shooting, the first uninvolved BPD 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/Office] 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. 310.5.2 SUPERVISOR RESPONSIBILITIES Upon learning of an officer-involved shooting or death, the Supervisor 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 Supervisor. 310.5.3 NOTIFICATIONS The following person(s) shall be notified as soon as practicable: • Chief of Police • Investigation Division Commander • Solano County Officer Involved Fatal Incident rollout team • Outside agency investigator (if appropriate) Copyright Lexipol, LLC 2024/03/28, All Rights Reserved. Officer-Involved Shootings and Deaths - 75 Published with permission by Benicia Police Department Benicia Police Department Benicia PD Policy Manual Benicia PD Policy Manual Officer-Involved Shootings and Deaths • Appropriate Division Commander supervisor • Civil liability response team • Psychological/peer support personnel • Chaplain • Coroner (if necessary) • Involved officer's agency representative (if requested) • Public Information Officer 310.5.4 SUPERVISOR RESPONSIBILITIES Upon arrival at the scene, the first uninvolved BPD 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 BPD officer to immediately provide public safety information necessary to secure the scene, identify injured parties and pursue suspects. 1. 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. 2. 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 Supervisor and Dispatch. If feasible, sensitive information should be communicated over secure networks. (d) Take command of and secure the incident scene with additional BPD members until properly relieved by another supervisor or other assigned personnel or investigator. (e) As soon as practicable, ensure that involved officers are transported (separately, if feasible) to a suitable location for further direction. 1. Each involved BPD officer should be given an administrative order not to discuss the incident with other involved officers or BPD members pending further direction from a supervisor. 2. 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. 310.5.5 INVOLVED OFFICERS The following shall be considered for the involved officer: Copyright Lexipol, LLC 2024/03/28, All Rights Reserved. Officer-Involved Shootings and Deaths - 76 Published with permission by Benicia Police Department Benicia Police Department Benicia PD Policy Manual Benicia PD Policy Manual Officer-Involved Shootings and Deaths (a) Any request for legal or union representation will be accommodated. 1. Involved BPD 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-BPD officers should be referred to their employing agency. (b) Discussions with licensed attorneys will be considered privileged as attorney-client communications. (c) Discussions with agency representatives/employee groups will be privileged only as to the discussion of non-criminal information (Government Code § 3303(i)). (d) A licensed psychotherapist shall be provided by the [Department/Office] to each involved BPD officer. A licensed psychotherapist may also be provided to any other affected BPD members, upon request. 1. Interviews with a licensed psychotherapist will be considered privileged. 2. An interview or session with a licensed psychotherapist may take place prior to the member providing a formal interview or report. However, involved members shall not be permitted to consult or meet collectively or in a group with a licensed psychotherapist prior to providing a formal interview or report. 3. A separate fitness-for-duty exam may also be required (see the Fitness for Duty Policy). (e) Communications between the involved officer and a peer support member are addressed in the Wellness Program Policy. 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 BPD officer shall be given reasonable paid administrative leave following an officer- involved shooting or death. It shall be the responsibility of the Supervisor to make schedule adjustments to accommodate such leave. 310.5.6 NOTIFICATION TO DEPARTMENT OF JUSTICE The California Department of Justice (DOJ) is required to investigate an officer-involved shooting resulting in the death of an unarmed civilian. The Supervisor should promptly notify the DOJ in all incidents involving an officer-involved shooting resulting in the death of an unarmed civilian, including where it is undetermined if the civilian was unarmed. For purposes of notification, “unarmed civilian” means anyone who is not in possession of a deadly weapon (Government Code § 12525.3). 310.6 CRIMINAL INVESTIGATION The District Attorney's Office is responsible for the criminal investigation into the circumstances of any officer-involved shooting or death. Copyright Lexipol, LLC 2024/03/28, All Rights Reserved. Officer-Involved Shootings and Deaths - 77 Published with permission by Benicia Police Department Benicia Police Department Benicia PD Policy Manual Benicia PD Policy Manual Officer-Involved Shootings and Deaths If available, investigative personnel from this [department/office] may be assigned to partner with investigators from outside agencies or the District Attorney's Office to avoid duplicating efforts in related criminal investigations. Once public safety issues have been addressed, criminal investigators should be given the opportunity to obtain a voluntary statement from involved officers and to complete their interviews. The following shall be considered for the involved officer: (a) BPD supervisors and Appropriate Division Commander personnel should not participate directly in any voluntary interview of BPD 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 the officer's choosing or an attorney prior to speaking with criminal investigators. 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. 310.6.1 REPORTS BY INVOLVED BPD OFFICERS In the event that suspects remain outstanding or subject to prosecution for related offenses, this [department/office] shall retain the authority to require involved BPD officers to provide sufficient information for related criminal reports to facilitate the apprehension and prosecution of those individuals (Government Code § 3304(a)). While the involved BPD 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 BPD 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. Copyright Lexipol, LLC 2024/03/28, All Rights Reserved. Officer-Involved Shootings and Deaths - 78 Published with permission by Benicia Police Department Benicia Police Department Benicia PD Policy Manual Benicia PD Policy Manual Officer-Involved Shootings and Deaths 310.6.2 WITNESS IDENTIFICATION AND INTERVIEWS Because potential witnesses to an officer-involved shooting or death may become unavailable or the integrity of their statements compromised with the passage of time, a supervisor should take reasonable steps to promptly coordinate with criminal investigators to utilize available personnel for the following: (a) Identification of all persons present at the scene and in the immediate area. 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/Office]. 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. 310.6.3 INVESTIGATIVE PERSONNEL Once notified of an officer-involved shooting or death, it shall be the responsibility of the designated Investigation Division supervisor to assign appropriate investigative personnel to handle the investigation of related crimes. [Department/Office] 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/office] reports, except administrative and/or privileged reports, will be forwarded to the designated Investigation 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. 310.7 ADMINISTRATIVE INVESTIGATION In addition to all other investigations associated with an officer-involved shooting or death, this [department/office] will conduct an internal administrative investigation of BPD officers to determine conformance with [department/office] policy. The investigation will be conducted under Copyright Lexipol, LLC 2024/03/28, All Rights Reserved. Officer-Involved Shootings and Deaths - 79 Published with permission by Benicia Police Department Benicia Police Department Benicia PD Policy Manual Benicia PD Policy Manual Officer-Involved Shootings and Deaths the supervision of the Appropriate Division Commander and will be considered a confidential officer personnel file. Interviews of members shall be subject to [department/office] 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 the officer, such compelled samples and the results of any such testing shall not be disclosed to any criminal investigative agency. (b) If any officer has voluntarily elected to provide a statement to criminal investigators, the assigned administrative investigator should review that statement before proceeding with any further interview of that involved officer. 1. If a further interview of the officer is deemed necessary to determine policy compliance, care should be taken to limit the inquiry to new areas with minimal, if any, duplication of questions addressed in the voluntary statement. The involved officer shall be provided with a copy of his/her prior statement before proceeding with any subsequent interviews. (c) In the event that an involved officer has elected to not provide criminal investigators with a voluntary statement, the assigned administrative investigator shall conduct an administrative interview to determine all relevant information. 1. Although this interview should not be unreasonably delayed, care should be taken to ensure that the officer’s physical and psychological needs have been addressed before commencing the interview. 2. If requested, the officer shall have the opportunity to select an uninvolved representative to be present during the interview. However, in order to maintain the integrity of each individual officer's statement, involved officers shall not consult or meet with a representative or attorney collectively or in groups prior to being interviewed (Government Code § 3303(i)). 3. Administrative interviews should be recorded by the investigator. The officer may also record the interview (Government Code § 3303(g)). 4. The officer shall be informed of the nature of the investigation. 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 Appropriate Division Commander shall compile all relevant information and reports necessary for the [Department/Office] 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. Copyright Lexipol, LLC 2024/03/28, All Rights Reserved. Officer-Involved Shootings and Deaths - 80 Published with permission by Benicia Police Department Benicia Police Department Benicia PD Policy Manual Benicia PD Policy Manual Officer-Involved Shootings and Deaths 7. Any other indications of potential policy violations shall be determined in accordance with standard disciplinary procedures. 310.8 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. 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. 310.9 CIVIL LIABILITY RESPONSE A member of this [department/office] may be assigned to work exclusively under the direction of the legal counsel for the [Department/Office] 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. 310.10 DEBRIEFING Following an officer-involved shooting or death, the Benicia Police Department should conduct both a Critical Incident Stress Debriefing and a tactical debriefing. See the Wellness Program Policy for guidance on Critical Incident Stress Debriefings. 310.10.1 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 members have provided recorded or formal statements to criminal and/or administrative investigators. 310.11 MEDIA RELATIONS Any media release shall be prepared with input and concurrence from the supervisor and [department/office] representative responsible for each phase of the investigation. Releases will be available to the Supervisor, Investigation Division Commander and Public Information Officer in the event of inquiries from the media. The [Department/Office] shall not subject any involved BPD officer to visits by the media (Government Code § 3303(e)). No involved BPD officer shall make any comment to the media Copyright Lexipol, LLC 2024/03/28, All Rights Reserved. Officer-Involved Shootings and Deaths - 81 Published with permission by Benicia Police Department Benicia Police Department Benicia PD Policy Manual Benicia PD Policy Manual Officer-Involved Shootings and Deaths unless he/she is authorized by the Chief of Police or a Division Commander. [Department/Office] members receiving inquiries regarding officer-involved shootings or deaths occurring in other jurisdictions shall refrain from public comment and will direct those inquiries to the agency having jurisdiction and primary responsibility for the investigation. 310.12 REPORTING If the death of an individual occurs in the Benicia Police Department jurisdiction and qualifies to be reported to the state as a justifiable homicide or an in-custody death, the Patrol Division Commander will ensure that the Services Division Lieutenant is provided with enough information to meet the reporting requirements (Penal Code § 196; Penal Code § 13022; Government Code § 12525). Copyright Lexipol, LLC 2024/03/28, All Rights Reserved. Officer-Involved Shootings and Deaths - 82 Published with permission by Benicia Police Department Policy Benicia Police Department 312 Benicia PD Policy Manual Firearms 312.1 PURPOSE AND SCOPE This policy provides guidelines for issuing firearms, the safe and legal carrying of firearms, firearms maintenance and firearms training. This policy does not apply to issues related to the use of firearms that are addressed in the Use of Force or Officer-Involved Shootings and Deaths policies. This policy only applies to those members who are authorized to carry firearms. 312.2 POLICY The Benicia Police Department will equip its members with firearms to address the risks posed to the public and department members by violent and sometimes well-armed persons. The department will ensure firearms are appropriate and in good working order and that relevant training is provided as resources allow. 312.3 AUTHORIZED FIREARMS, AMMUNITION AND OTHER WEAPONS Members shall only use firearms that are issued or approved by the [Department/Office] and have been thoroughly inspected by the Rangemaster. Except in an emergency or as directed by a supervisor, no firearm shall be carried by a member who has not qualified with that firearm at an authorized [department/office] range. All other weapons not provided by the [Department/Office], 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/office] policy, may not be carried by members in the performance of their official duties without the express written authorization of the member’s Division Commander. This exclusion does not apply to the carrying of a single folding pocketknife that is not otherwise prohibited by law. 312.3.1 HANDGUNS The authorized department-issued handgun is the Glock 47. The following additional handguns are approved for on-duty use: MAKE MODEL CALIBER Glock 19 9mm 312.3.2 SHOTGUNS The authorized department-issued shotgun is the Remington 870. The department issued shotguns have been converted for Less Lethal operation and color coded orange. When not deployed, the shotgun shall be properly secured consistent with department training in a locking weapons rack in the patrol vehicle. Copyright Lexipol, LLC 2024/03/28, All Rights Reserved. Firearms - 83 Published with permission by Benicia Police Department Benicia Police Department Benicia PD Policy Manual Benicia PD Policy Manual Firearms 312.3.3 PATROL RIFLES The authorized department-issued patrol rifle is the Colt AR-15. Members of the department's S.W.A.T team are authorized to carry the department issued H & K 416 rifles. MAKE MODEL CALIBER 312.3.3a DEFINITION A patrol rifle is an authorized weapon which is owned by the Department and which is made available to properly trained and qualified officers as a supplemental resource to their duty handgun or shotgun. No personally owned rifles may be carried for patrol duty unless preapproved in writing by the Chief of Police and the Patrol Division Commander. 312.3.3b SPECIFICATIONS Only weapons and ammunition that meet agency authorized specifications, approved by the Chief of Police, and issued by the Department may be used by officers in their law enforcement responsibilities. The authorized patrol rifle issued by the Department is the Colt. 312.3.3c RIFLE MAINTENANCE (a) Primary responsibility for maintenance of patrol rifles shall fall on the Rangemaster, who shall inspect and service each patrol rifle on a monthly basis. (b) Each patrol officer carrying a patrol rifle may be required to field strip and clean an assigned patrol rifle as needed. (c) Each patrol officer shall be responsible for promptly reporting any damage or malfunction of an assigned patrol rifle. (d) Any patrol rifle found to be unserviceable shall be removed from service. The rifle shall be clearly labeled as out of service and details regarding the weapon's condition shall be included on the label. (e) Each patrol rifle shall be subject to inspection by a supervisor or the Rangemaster at any time. (f) No modification shall be made to any patrol rifle without prior written authorization from the Rangemaster 312.3.3d TRAINING Officers shall not carry or utilize the patrol rifle unless they have successfully completed departmental training. This training shall consist of an initial 16-hour patrol rifle user's course and qualification score with a certified patrol rifle instructor. Officers shall thereafter be required to successfully complete quarterly training and qualification conducted by a certified patrol rifle instructor. Any officer who fails to qualify or who fails to successfully complete two or more department sanctioned training/qualification sessions within a calendar year will no longer be authorized to carry the patrol rifle without successfully retaking the initial patrol officers user's course and qualification 312.3.3e DEPLOYMENT OF THE PATROL RIFLE Copyright Lexipol, LLC 2024/03/28, All Rights Reserved. Firearms - 84 Published with permission by Benicia Police Department Benicia Police Department Benicia PD Policy Manual Benicia PD Policy Manual Firearms Members may deploy the patrol rifle in any circumstance where the member can articulate a reasonable expectation that the rifle may be needed. Examples of some general guidelines for deploying the patrol rifle may include, but are not limited to: (a) Situations where the member reasonably anticipates an armed encounter. (b) When a member is faced with a situation that may require accurate and effective fire at long range. (c) Situations where a member reasonably expects the need to meet or exceed a suspect's firepower. (d) When a member reasonably believes that there may be a need to fire on a barricaded person or a person with a hostage. (e) When a member reasonably believes that a suspect may be wearing body armor. (f) When authorized or requested by a supervisor. (g) When needed to euthanize an animal. When not deployed, the patrol rifle shall be properly secured consistent with department training in a locking weapons rack in the patrol vehicle. 312.3.3f DISCHARGE OF THE PATROL RIFLE The discharge of the patrol rifle shall be governed by the Department's Deadly Force Policy, Policy Manual § 300. 312.3.3g ASSIGNED PATROL RIFLE A patrol rifle is an authorized weapon which is owned by the Department and issued to properly trained and qualified officers. 312.3.3h PATROL READY Any qualified officer carrying a patrol rifle in the field shall maintain the weapon in a patrol ready condition until deployed. A rifle is considered in a patrol ready condition when it has been inspected by the assigned officer, the fire selector switch is in the safe position, the chamber is empty and a fully loaded magazine is inserted into the magazine well. 312.3.3i RIFLE STORAGE (a) While on duty assigned patrol rifles will be secured in the assigned patrol unit. (b) At the end of the officer's assigned shift, the patrol rifle will be returned adn secured on the officer's assigned rifle locker. Periodic, unannounced, rifle locker inspections and weapon inspections will be conducted by range staff and supervisors. (c) Assigned patrol rifles may be taken to the Benicia range for practice/training with prior approval from the range master. Officers are only authorized to transport their assigned patrol rifles, (while off duty) from the Benicia Police Department to the Benicia Range located at 2000 Lake Herman Road. Copyright Lexipol, LLC 2024/03/28, All Rights Reserved. Firearms - 85 Published with permission by Benicia Police Department Benicia Police Department Benicia PD Policy Manual Benicia PD Policy Manual Firearms 312.3.3j PERSONALLY OWNED ASSAULT RIFLES State law allows the purchase, possession, and use of assault rifles by sworn peace officers for law enforcement purposes, whether on- or off-duty, when authorized by the Chief of Police (Penal Code § 30630). With written authorization of the Chief of Police, sworn non-probationary peace officers employed by this agency may purchase certain rifles classified as assault weapons for on- and off-duty law enforcement purposes from a licensed firearms dealer. Only rifles with the following characteristics shall be authorized for purchase/possession by members of this agency: (a) Semi-automatic 5.56 NATO caliber. (b) Fully automatic or multi-burst rifles are prohibited. (c) AR-15 style platform from the following manufacturing: Colt, Smith & Wesson, Lewis Machine & Tool, Sig Sauer, La Rue, LWRC, or POF. Additional reputable rifle manufactures may be authorized by the Range Master (d) The mechanical operation of the rifle shall not be modified from original factory condition. (e) Barrel length of at least 16" and overall length of at least 30" (a 14.5" barrel with fixed muzzle brake for a total length of at least 16" from breach-face to the end of the fixed muzzle device is acceptable as stated under NFA § 2.1.3.) (f) The rifle must be equipped with mounted mechanical sights. (Iron Sights) (g) The rifle, accessories, and attachments shall be black in color. (h) All authorized accessories and attachments are at the officer's expense. (i) A black tactical sling shall be attached to the rifle. Authorized slings may be those provided by the rifle manufacture or slings manufactured by Viking Tactics, Magpul, Troy, Crosstac, Blackhawk, or 5.11. (j) A weapon light shall be attached to the rifle. Authorized weapon light manufactures are: Surefire, Streamlight, and Inforce. (k) Officers may install a secondary sighting device, as long as it is co-witness type. Meaning, if the secondary device should fail or the operator chooses not to use the device the mechanical sights on the weapon can be used. Authorized sighting devices are Aimpoint and EOTech. (l) Only approved aftermarket accessories, such as, but not limited to fore grip, stocks, accessory rail systems are authorized. The Range Master or designee shall inspect and approve all aftermarket accessories prior to their installation. For the purposes of this section, "off-duty law enforcement purposes" includes use of the rifle at a range facility for maintenance, weapon familiarization, and target practice. The member shall not use department purchased ammunition for off-duty practice. Members shall ensure the personally owned assault rifle and ammunition are locked and secured while off-duty in a manner that will keep them inaccessible to children and irresponsible adults. Members shall be aware that negligent storage of a firearm could result in criminal prosecution under Penal Code § 25110. Copyright Lexipol, LLC 2024/03/28, All Rights Reserved. Firearms - 86 Published with permission by Benicia Police Department Benicia Police Department Benicia PD Policy Manual Benicia PD Policy Manual Firearms Personally owned assault rifles may only be transported and stored at the officer's home if the officer possesses a California approved gun safe capable of holding the rifle. For storage at the police department officers shall store the rifle in a soft or hard case in the lockers provided for storage. Lockers will be assigned by range staff. Only officers who have been assigned a locker will be granted access to their assigned locker. When stored in the locker, the rifle case shall be tagged with the owner's name, identifying the firearm as a personally owned assault rifle. Officers will be assigned shared weapon lockers however officers shall not handle a rifle owned by another officer. Officers shall not store personally owned rifles in their personal locker. While on-duty, absent exigent circumstances, only the owning member shall deploy a personally owned rifle. The member shall use department issued ammunition while on-duty. The personally owned rifle shall be kept in a soft or hard case in the locked trunk of the assigned vehicle. Department owned rifles assigned to patrol units shall not be removed in lieu of carrying personally owned rifles in the vehicle mounted racks. Officers utilizing a personally owned rifle on-duty understand and agree that the rifle can be placed into evidence without compensation or replacement, as the result of its use in an on-duty incident. Members shall comply with applicable provisions contained within the Patrol and Tactical Rifles Policies § 432.1 € 432.8. 312.3.3k RIGHT TO RESCIND PERSONALLY OWNED ASSAULT RIFLE PROGRAM The Chief of Police retains the right to: (a) Rescind the Personally Owned Assault Rifle program at any time, with or without cause. (b) Rescind or suspend a member's right to own/possess a personally owned assault rifle. Members no longer authorized to own/possess a personally owned assault rifle shall comply with the provisions of Policy § 432.10.6, Disposition of Personally Owned Assault Rifle. 312.3.3l TEMPORARY SUSPENSION OF PRIVILEGE The Chief of Police may suspend a member's privilege to possess a personally owned assault rifle. Upon being so advised in writing by the Chief of Police or his/her designee, the member shall immediately relinquish the assault rifle to the Chief of Police or his/her designee for storage in the department armory. The rifle shall be tagged with the owner's name, identifying the firearm as a personally owned assault rifle. The suspension shall remain in effect until the member is notified by the Chief of Police that his/her privilege has been reinstated or permanently rescinded. In the event the member's privilege to own/possess a personally owned assault rifle has been permanently rescinded, the member shall transfer or dispose of the assault rifle in compliance Policy § 432.10.6, Disposition of Personally Owned Assault Rifle. 312.3.3m AUTHORIZATION TO PURCHASE PERSONALLY OWNED ASSAULT RIFLE Prior to purchasing an assault rifle, the member shall be required to submit a written request to the Chief of Police, which minimally includes: Copyright Lexipol, LLC 2024/03/28, All Rights Reserved. Firearms - 87 Published with permission by Benicia Police Department Benicia Police Department Benicia PD Policy Manual Benicia PD Policy Manual Firearms (a) The name and address of the licensed firearms dealer. (b) The make and model of the rifle. (c) Any distinguishing characteristics. (d) The barrel length and overall length. Upon approval by the Chief of Police, the requesting member shall be required to sign the "Agreement to Purchase Personal Owned Assault Rifle" prior to purchasing or possessing the rifle. The member shall abide by all conditions contained therein. The form, along with the signed written request, shall be retained in the member's personnel file. 312.3.3n REGISTRATION OF PERSONALLY OWNED ASSAULT RIFLE Upon receipt of a personally owned assault rifle, the member shall, within 90 days, register the assault weapon with the California Department of Justice (DOJ) pursuant to Article 5 of the Penal Code commencing with § 30900. With the registration, the member shall submit to DOJ a copy of the executed "Agreement to Purchase Personal Owned Assault Rifle". 312.3.3o INSPECTION AND QUALIFICATION Upon receipt of a personally owned assault rifle and prior to carrying the rifle on-duty, the member shall, as soon as practicable, submit the rifle to the department Range Master or designee for inspection. The member shall qualify with the rifle prior to utilizing the weapon for on or off-duty law enforcement purposes. Thereafter, the member shall be required to successfully complete training and qualification conducted by a patrol rifle instructor. Officers electing to carry a personally owned rifle shall still qualify annually with a department owned rifle. Personally owned rifles are subject to annual inspection by range staff. The member shall be responsible for the cleaning, maintenance, and repair of the personally owned assault rifle. 312.3.3p DISPOSITION OF PERSONALLY OWNED ASSAULT RIFLE Only members authorized by the Chief of Police shall purchase, own, or possess a personally owned assault rifle. In the event a member separates from employment with the Benicia Police Department and is no longer employed as a peace officer, or when a member's authorization has been permanently rescinded by the Chief of Police, the member shall, as soon as practicable, do one of the following: (a) Sell or transfer the rifle to a licensed firearms dealer who has an assault weapons permit (b) Sell or transfer the rifle to another peace officer through a licensed firearms dealer who has an assault weapons permit (c) Relinquish the assault rifle to a law enforcement agency for destruction (d) Remove the rifle from the state (e) Render the rifle California compliant and de-list the rifle as an assault weapon through the Department of Justice (For this to be an option for disposition, special attention must be given to California Penal Code Section § 30510 prior to rifle purchase) Copyright Lexipol, LLC 2024/03/28, All Rights Reserved. Firearms - 88 Published with permission by Benicia Police Department Benicia Police Department Benicia PD Policy Manual Benicia PD Policy Manual Firearms Upon disposition, the member shall complete and submit a DOJ "Notice of No Longer in Possession" form (BOF 4546). 312.3.4 AUTHORIZED SECONDARY HANDGUN Members 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 member unless the handgun and ammunition are provided by the department. (d) The handgun shall be carried concealed at all times and in such a manner as to prevent unintentional cocking, discharge or loss of physical control. (e) The handgun shall be inspected by the Rangemaster prior to being carried and thereafter shall be subject to inspection whenever it is deemed necessary. (f) Ammunition shall be the same as department issue. If the caliber of the handgun is other than department issue, the Chief of Police or the authorized designee shall approve the ammunition. (g) Prior to carrying the secondary handgun, members shall qualify under range supervision and thereafter shall qualify in accordance with the department qualification schedule. Members must demonstrate proficiency and safe handling, and that the handgun functions properly. (h) Members shall provide written notice of the make, model, color, serial number and caliber of a secondary handgun to the Rangemaster, who will maintain a list of the information. 312.3.5 AUTHORIZED OFF-DUTY FIREARMS The carrying of firearms by members while off-duty is permitted by the Chief of Police but may be rescinded should circumstances dictate (e.g., administrative leave). Members who choose to carry a firearm while off-duty, based on their authority as peace officers, will be required to meet the following guidelines: (a) The member may use his/her duty firearm or may use a personally owned firearm that is carried and inspected in accordance with the Personally Owned Duty Firearms requirements in this policy. A member carrying his/her duty firearm will be deemed to have complied with (c), (d) and (e) of this section. 1. The purchase of the personally owned firearm and ammunition shall be the responsibility of the member. (b) The firearm shall be carried concealed at all times and in such a manner as to prevent accidental unintentional cocking, discharge or loss of physical control. Copyright Lexipol, LLC 2024/03/28, All Rights Reserved. Firearms - 89 Published with permission by Benicia Police Department Benicia Police Department Benicia PD Policy Manual Benicia PD Policy Manual Firearms (c) It will be the responsibility of the member to submit the firearm to the Rangemaster for inspection prior to being personally carried. Thereafter the firearm shall be subject to periodic inspection by the Rangemaster. (d) Prior to carrying any off-duty firearm, the member shall demonstrate to the Rangemaster that he/she is proficient in handling and firing the firearm and that it will be carried in a safe manner. (e) The member will successfully qualify with the firearm prior to it being carried. (f) Members shall provide written notice of the make, model, color, serial number and caliber of the firearm to the Rangemaster, who will maintain a list of the information. (g) If a member desires to use more than one firearm while off-duty, he/she may do so, as long as all requirements set forth in this policy for each firearm are met. (h) Members shall only carry department-authorized ammunition. (i) When armed, officers shall carry their badges and Benicia Police Department identification cards under circumstances requiring possession of such identification. 312.3.6 AMMUNITION Members shall carry only department-authorized ammunition. Members shall be issued fresh duty ammunition in the specified quantity for all department-issued firearms during the member’s firearms qualification. Replacements for unserviceable or depleted ammunition issued by the department shall be dispensed by the Rangemaster when needed, in accordance with established policy. Members carrying personally owned authorized firearms of a caliber differing from department- issued firearms shall be responsible for obtaining fresh duty ammunition in accordance with the above, at their own expense. 312.4 EQUIPMENT Firearms carried on- or off-duty shall be maintained in a clean, serviceable condition. Maintenance and repair of authorized personally owned firearms are the responsibility of the individual member. 312.4.1 REPAIRS OR MODIFICATIONS Each member shall be responsible for promptly reporting any damage or malfunction of an assigned firearm to a supervisor or the Rangemaster. Firearms that are the property of the department or personally owned firearms that are approved for department use may be repaired or modified only by a person who is department-approved and certified as an armorer or gunsmith in the repair of the specific firearm. Such modification or repair must be authorized in advance by the Rangemaster. Any repairs or modifications to the member’s personally owned firearm shall be done at his/her expense and must be approved by the Rangemaster. Copyright Lexipol, LLC 2024/03/28, All Rights Reserved. Firearms - 90 Published with permission by Benicia Police Department Benicia Police Department Benicia PD Policy Manual Benicia PD Policy Manual Firearms 312.4.2 HOLSTERS Only department-approved holsters shall be used and worn by members. Members shall periodically inspect their holsters to make sure they are serviceable and provide the proper security and retention of the handgun. 312.4.3 TACTICAL LIGHTS Tactical lights may only be installed on a firearm carried on- or off-duty after they have been examined and approved by the Rangemaster. Once the approved tactical lights have been properly installed on any firearm, the member shall qualify with the firearm to ensure proper functionality and sighting of the firearm prior to carrying it. 312.4.4 OPTICS OR LASER SIGHTS Optics or laser sights may only be installed on a firearm carried on- or off-duty after they have been examined and approved by the Rangemaster. Any approved sight shall only be installed in strict accordance with manufacturer specifications. Once approved sights have been properly installed on any firearm, the member shall qualify with the firearm to ensure proper functionality and sighting of the firearm prior to carrying it. Except in an approved training situation, a member may only sight in on a target when the member would otherwise be justified in pointing a firearm at the target. 312.5 SAFE HANDLING, INSPECTION AND STORAGE Members shall maintain the highest level of safety when handling firearms and shall consider the following: (a) Members shall not unnecessarily display or handle any firearm. (b) Members shall be governed by all rules and regulations pertaining to the use of the range and shall obey all orders issued by the Rangemaster. Members shall not dry fire or practice quick draws except as instructed by the Rangemaster or other firearms training staff. (c) Members shall not clean, repair, load or unload a firearm anywhere in the Department, except where clearing barrels are present. (d) Shotguns or rifles removed from vehicles or the equipment storage room shall be loaded and unloaded in the parking lot and outside of the vehicle, using clearing barrels. (e) Members shall not place or store any firearm or other weapon on Department premises except where the place of storage is locked. No one shall carry firearms into the jail section or any part thereof when securing or processing an arrestee, but shall place all firearms in a secured location. Members providing access to the jail section to persons from outside agencies are responsible for ensuring firearms are not brought into the jail section. (f) Members shall not use any automatic firearm, heavy caliber rifle, gas or other type of chemical weapon or firearm from the armory, except with approval of a supervisor. Copyright Lexipol, LLC 2024/03/28, All Rights Reserved. Firearms - 91 Published with permission by Benicia Police Department Benicia Police Department Benicia PD Policy Manual Benicia PD Policy Manual Firearms (g) Any firearm authorized by the Department to be carried on- or off-duty that is determined by a member to be malfunctioning or in need of service or repair shall not be carried. It shall be promptly presented to the Department or a Rangemaster approved by the department for inspection and repair. Any firearm deemed in need of repair or service by the Rangemaster will be immediately removed from service. If the firearm is the member’s primary duty firearm, a replacement firearm will be issued to the member until the duty firearm is serviceable. 312.5.1 INSPECTION AND STORAGE Handguns shall be inspected regularly and upon access or possession by another person. Shotguns and rifles shall be inspected at the beginning of the shift by the member to whom the weapon is issued. The member shall ensure that the firearm is carried in the proper condition and loaded with approved ammunition. Inspection of the shotgun and rifle shall be done while standing outside of the patrol vehicle. All firearms shall be pointed in a safe direction or into clearing barrels. Personally owned firearms may be safely stored in lockers at the end of the shift. Department- owned firearms shall be stored in the appropriate equipment storage room. Handguns may remain loaded if they are secured in an appropriate holster. Shotguns and rifles shall be unloaded in a safe manner outside the building and then stored in the appropriate equipment storage room. 312.5.2 STORAGE AT HOME Members 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. Members shall not permit department-issued firearms to be handled by anyone not authorized by the department to do so. Members should be aware that negligent storage of a firearm could result in civil and criminal liability (Penal Code § 25100). 312.5.3 ALCOHOL AND DRUGS Firearms shall not be carried by any member, either on- or off-duty, who has consumed an amount of an alcoholic beverage, taken any drugs or medication, or has taken any combination thereof that would tend to adversely affect the member’s senses or judgment. 312.5.4 STORAGE IN VEHICLES When leaving a handgun in an unattended vehicle, members shall ensure that it is locked in the trunk, or in a locked container that is placed out of view, or in a locked container that is permanently affixed to the vehicle's interior and not in plain view, or in a locked toolbox or utility box permanently affixed to the vehicle (Penal Code § 25140; Penal Code § 25452). If the vehicle does not have a trunk or a locked container, then the firearm should be locked within the center utility console that can be locked with a padlock, keylock, combination lock, or other similar locking device (Penal Code § 25140). Officers are exempt from these requirements during circumstances requiring immediate aid or action in the course of official duties (Penal Code § 25140). Copyright Lexipol, LLC 2024/03/28, All Rights Reserved. Firearms - 92 Published with permission by Benicia Police Department Benicia Police Department Benicia PD Policy Manual Benicia PD Policy Manual Firearms 312.6 FIREARMS TRAINING AND QUALIFICATIONS All members who carry a firearm while on-duty are required to successfully complete training quarterly with their duty firearms. In addition to quarterly training, all members will qualify at least annually with their duty firearms. Members will qualify with off-duty and secondary firearms at least once a year. Training and qualifications must be on an approved range course. At least annually, all members carrying a firearm should receive practical training designed to simulate field situations including low-light shooting. 312.6.1 NON-CERTIFICATION OR NON-QUALIFICATION If any member fails to meet minimum standards for firearms training or qualification for any reason, including injury, illness, duty status or scheduling conflict, that member 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 member in demonstrating consistent firearm proficiency. (b) Members shall be given credit for a range training or qualification when obtaining a qualifying score or meeting standards after remedial training. (c) No range credit will be given for the following: 1. Unauthorized range make-up 2. Failure to meet minimum standards or qualify after remedial training Members who repeatedly fail to meet minimum standards will be removed from field assignment and may be subject to disciplinary action. 312.7 FIREARM DISCHARGE Except during training or recreational use, any member who discharges a firearm intentionally or unintentionally, on- or off-duty, shall make a verbal report to his/her supervisor as soon as circumstances permit. If the discharge results in injury or death to another person, additional statements and reports shall be made in accordance with the Officer-Involved Shootings and Deaths Policy. If a firearm was discharged as a use of force, the involved member shall adhere to the additional reporting requirements set forth in the Use of Force Policy. In all other cases, written reports shall be made as follows: (a) If on-duty at the time of the incident, the member shall file a written report with his/her Division Commander or provide a recorded statement to investigators prior to the end of shift, unless otherwise directed. (b) If off-duty at the time of the incident, the member shall file a written report or provide a recorded statement no later than the end of the next regularly scheduled shift, unless otherwise directed by a supervisor. Copyright Lexipol, LLC 2024/03/28, All Rights Reserved. Firearms - 93 Published with permission by Benicia Police Department Benicia Police Department Benicia PD Policy Manual Benicia PD Policy Manual Firearms 312.7.1 WARNING AND OTHER SHOTS Generally, shots fired for the purpose of summoning aid are discouraged and may not be discharged unless the member reasonably believes that they appear necessary, effective, and reasonably safe. Warning shots should not be used. 312.7.2 DESTRUCTION OF ANIMALS Members are authorized to use firearms to stop an animal in circumstances where the animal reasonably appears to pose an imminent threat to human safety and alternative methods are not reasonably available or would likely be ineffective. In circumstances where there is sufficient advance notice that a potentially dangerous animal may be encountered, [department/office] members should develop reasonable contingency plans for dealing with the animal (e.g., fire extinguisher, conducted energy device, oleoresin capsicum (OC) spray, animal control officer). Nothing in this policy shall prohibit any member from shooting a dangerous animal if circumstances reasonably dictate that a contingency plan has failed, becomes impractical, or if the animal reasonably appears to pose an imminent threat to human safety. 312.7.3 INJURED ANIMALS With the approval of a supervisor, a member may euthanize an animal that is so badly injured that human compassion requires its removal from further suffering and where other dispositions are impractical. Stray or abandoned injured animals that may be moved or taken to an available veterinarian should not be euthanized. With supervisor approval, abandoned injured animals (with the exception of dogs and cats) may only be euthanized after a reasonable search to locate the owner has been made. Injured dogs and cats found without their owners shall be taken to an appropriate veterinarian for determination of whether they should be treated or humanely destroyed (Penal Code § 597.1). 312.8 RANGEMASTER DUTIES The range will be under the exclusive control of the Rangemaster. All members attending will follow the directions of the Rangemaster. The Rangemaster will maintain a roster of all members attending the range and will submit the roster to the Training Sergeant after each range date. Failure of any member to sign in and out with the Rangemaster may result in non-qualification. The range shall remain operational and accessible to [department/office] members during hours established by the [Department/Office]. The Rangemaster has the responsibility of making periodic inspection, at least once a year, of all duty firearms carried by members of this [department/office] to verify proper operation. The Rangemaster has the authority to deem any [department/office]-issued or personally owned firearm unfit for service. The member will be responsible for all repairs to his/her personally owned firearm and it will not be returned to service until inspected by the Rangemaster. Copyright Lexipol, LLC 2024/03/28, All Rights Reserved. Firearms - 94 Published with permission by Benicia Police Department Benicia Police Department Benicia PD Policy Manual Benicia PD Policy Manual Firearms The Rangemaster has the responsibility for ensuring each member meets the minimum requirements during training shoots and, on at least a yearly basis, can demonstrate proficiency in the care, cleaning and safety of all firearms the member is authorized to carry. The Rangemaster shall complete and submit to the Training Sergeant documentation of the training courses provided. Documentation shall include the qualifications of each instructor who provides the training, a description of the training provided and, on a form that has been approved by the [Department/Office], a list of each member who completes the training. The Rangemaster should keep accurate records of all training shoots, qualifications, repairs, maintenance or other records as directed by the Training Sergeant._ 312.9 FLYING WHILE ARMED The Transportation Security Administration (TSA) has imposed rules governing law enforcement officers flying armed on commercial aircraft. The following requirements apply to officers who intend to be armed while flying on a commercial air carrier or flights where screening is conducted (49 CFR 1544.219): (a) Officers wishing to fly while armed must be flying in an official capacity, not for vacation or pleasure, and must have a need to have the firearm accessible, as determined by the department based on the law and published TSA rules. (b) Officers must carry their Benicia 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 Benicia Police Department must submit a National Law Enforcement Telecommunications System (NLETS) message prior to the officer’s travel. If approved, TSA will send the Benicia 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. Copyright Lexipol, LLC 2024/03/28, All Rights Reserved. Firearms - 95 Published with permission by Benicia Police Department Benicia Police Department Benicia PD Policy Manual Benicia PD Policy Manual Firearms (h) Discretion must be used to avoid alarming passengers or crew by displaying a firearm. The officer must keep the firearm concealed on his/her person at all times. Firearms are not permitted in carry-on luggage and may not be stored in an overhead compartment. (i) Officers should try to resolve any problems associated with flying armed through the flight captain, ground security manager, TSA representative or other management representative of the air carrier. (j) Officers shall not consume alcoholic beverages while aboard an aircraft, or within eight hours prior to boarding an aircraft. 312.10 CARRYING FIREARMS OUT OF STATE Qualified, active, full-time officers of this department are authorized to carry a concealed firearm in all other states subject to the following conditions (18 USC § 926B): (a) The officer shall carry his/her agency 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 18 USC § 926B. 312.11 Copyright Lexipol, LLC 2024/03/28, All Rights Reserved. Firearms - 96 Published with permission by Benicia Police Department Policy Benicia Police Department 313 Benicia PD Policy Manual Firearm Security in Vehicles 313.1 FIREARM SECURITY IN VEHICLES Members of the Benicia Police Department are responsible for knowing the location of firearm(s) under their care and control; and ensuring those firearms(s) are secure at all times, whether on or off duty. When members are in public and in possession of a firearm, they should maintain the firearm secured on their person at all times. However, should it become necessary to secure a firearm inside an unattended vehicle (excludes shotguns/patrol rifles already secured), a member shall adhere to the following guidelines: a. Members shall not secure firearms in the glove box or other similar storage compartment within any vehicle. b. If a member is faced with a situation that requires a firearm to be stored in an unattended vehicle for a short period of time, the firearm shall be secured inside the locked trunk of the vehicle. The firearm is to be placed in the trunk out of public view. c. If the vehicle design does not include a trunk (truck, SUV, etc.) the firearm shall be secured in a locked metal container affixed to the vehicle in a location within the passenger compartment not visible from the exterior of the vehicle. The firearm is to be placed in the locked metal container out of public view. If a member is unable to secure a firearm in a vehicle as described above, the member shall not leave a firearm in an unattended vehicle. Under no circumstances shall any firearm be left unattended in a vehicle overnight. Copyright Lexipol, LLC 2024/03/28, All Rights Reserved. Firearm Security in Vehicles - 97 Published with permission by Benicia Police Department Policy Benicia Police Department 314 Benicia PD Policy Manual Vehicle Pursuits 314.1 PURPOSE AND SCOPE This policy provides guidelines for vehicle pursuits in order to protect the safety of involved officers, the public, and fleeing suspects. 314.1.1 DEFINITIONS Blocking - A low-speed tactic where one or more authorized police [department/office] 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. 314.2 OFFICER RESPONSIBILITIES Vehicle pursuits shall only be conducted using authorized police [department/office] emergency vehicles that are equipped with and displaying emergency lighting and sirens as required by Copyright Lexipol, LLC 2024/03/28, All Rights Reserved. Vehicle Pursuits - 98 Published with permission by Benicia Police Department Benicia Police Department Benicia PD Policy Manual Benicia PD Policy Manual Vehicle Pursuits Vehicle Code § 21055. Officers are responsible for continuously driving with due regard and caution for the safety of all persons and property (Vehicle Code § 21056). 314.2.1 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/office] 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. 314.2.2 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. Copyright Lexipol, LLC 2024/03/28, All Rights Reserved. Vehicle Pursuits - 99 Published with permission by Benicia Police Department Benicia Police Department Benicia PD Policy Manual Benicia PD Policy Manual Vehicle Pursuits 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. 314.2.3 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. 314.3 PURSUIT UNITS When involved in a pursuit, unmarked police [department/office] 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. Copyright Lexipol, LLC 2024/03/28, All Rights Reserved. Vehicle Pursuits - 100 Published with permission by Benicia Police Department Benicia Police Department Benicia PD Policy Manual Benicia PD Policy Manual Vehicle Pursuits 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. 314.3.1 MOTORCYCLE OFFICERS When involved in a pursuit, police [department/office] motorcycles should be replaced by marked four-wheel emergency vehicles as soon as practicable. 314.3.2 VEHICLES WITHOUT EMERGENCY EQUIPMENT Officers operating vehicles not equipped with red light and siren are prohibited from initiating or joining in any pursuit. 314.3.3 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. 314.3.4 SECONDARY UNIT RESPONSIBILITIES The second officer in the pursuit will be designated as the secondary unit and is responsible for: Copyright Lexipol, LLC 2024/03/28, All Rights Reserved. Vehicle Pursuits - 101 Published with permission by Benicia Police Department Benicia Police Department Benicia PD Policy Manual Benicia PD Policy Manual Vehicle Pursuits (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. 314.3.5 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. 314.3.6 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. Copyright Lexipol, LLC 2024/03/28, All Rights Reserved. Vehicle Pursuits - 102 Published with permission by Benicia Police Department Benicia Police Department Benicia PD Policy Manual Benicia PD Policy Manual Vehicle Pursuits 314.3.7 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. 314.3.8 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. 314.4 SUPERVISORY CONTROL AND RESPONSIBILITIES Available supervisory and management control will be exercised over all vehicle pursuits involving officers from this [department/office]. 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 Supervisor is notified of the pursuit as soon as practicable. Copyright Lexipol, LLC 2024/03/28, All Rights Reserved. Vehicle Pursuits - 103 Published with permission by Benicia Police Department Benicia Police Department Benicia PD Policy Manual Benicia PD Policy Manual Vehicle Pursuits (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/office]. (j) Controlling and managing Benicia 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. 314.4.1 SUPERVISOR RESPONSIBILITIES Upon becoming aware that a pursuit has been initiated, the Supervisor should monitor and continually assess the situation and ensure the pursuit is conducted within the guidelines and requirements of this policy. Once notified, the Supervisor has the final responsibility for the coordination, control, and termination of a vehicle pursuit and shall be in overall command. The Supervisor shall review all pertinent reports for content and forward to the Division Commander. 314.5 DISPATCH 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/office] 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. 314.5.1 DISPATCH RESPONSIBILITIES Upon notification or becoming aware that a pursuit has been initiated, the [dispatcher is responsible for: (a) Clearing the radio channel of non-emergency traffic. (b) Coordinating pursuit communications of the involved units and personnel. (c) Broadcasting pursuit updates as well as other pertinent information as necessary. (d) Ensuring that a field supervisor is notified of the pursuit. (e) Notifying and coordinating with other involved or affected agencies as practicable. (f) Notify the Supervisor as soon as practicable. (g) Assigning an incident number and logging all pursuit activities. 314.5.2 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. Copyright Lexipol, LLC 2024/03/28, All Rights Reserved. Vehicle Pursuits - 104 Published with permission by Benicia Police Department Benicia Police Department Benicia PD Policy Manual Benicia PD Policy Manual Vehicle Pursuits 314.6 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. 314.6.1 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 Benicia 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. 314.6.2 PURSUITS EXTENDING INTO THIS JURISDICTION The agency that initiates a pursuit is responsible for conducting the pursuit. Units from this [department/office] 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/office] 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/office] to assist or take over a pursuit that has entered the jurisdiction of Benicia 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 Supervisor should review a request for assistance from another agency. The Supervisor 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/office] will terminate at the City limits provided that the pursuing officers have sufficient assistance from other sources. Ongoing participation from this [department/office] may continue only until sufficient assistance is present. Copyright Lexipol, LLC 2024/03/28, All Rights Reserved. Vehicle Pursuits - 105 Published with permission by Benicia Police Department Benicia Police Department Benicia PD Policy Manual Benicia PD Policy Manual Vehicle Pursuits 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. 314.7 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. 314.7.1 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). 314.7.2 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. Copyright Lexipol, LLC 2024/03/28, All Rights Reserved. Vehicle Pursuits - 106 Published with permission by Benicia Police Department Benicia Police Department Benicia PD Policy Manual Benicia PD Policy Manual Vehicle Pursuits (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. Copyright Lexipol, LLC 2024/03/28, All Rights Reserved. Vehicle Pursuits - 107 Published with permission by Benicia Police Department Benicia Police Department Benicia PD Policy Manual Benicia PD Policy Manual Vehicle Pursuits 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. 314.7.3 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. 314.8 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 or interoffice memorandum, briefly summarizing the pursuit to the Chief of Police or the authorized designee. This log or memorandum should include, at a minimum: 1. Date and time of pursuit. 2. Initial reason and circumstances surrounding the pursuit. 3. Length of pursuit in distance and time, including the starting and termination points. 4. Involved units and officers. 5. Alleged offenses. 6. Whether a suspect was apprehended, as well as the means and methods used. 7. Any use of force that occurred during the vehicle pursuit. Copyright Lexipol, LLC 2024/03/28, All Rights Reserved. Vehicle Pursuits - 108 Published with permission by Benicia Police Department Benicia Police Department Benicia PD Policy Manual Benicia PD Policy Manual Vehicle Pursuits (a) Any use of force by a member should be documented in the appropriate report (See the Use of Force Policy). 8. Any injuries and/or medical treatment. 9. Any property or equipment damage. 10. Name of supervisor at scene or who handled the incident. (d) After receiving copies of reports, logs, and other pertinent information, the Chief of Police or the authorized designee should conduct or assign the completion of a post- pursuit review. Annually, the Chief of Police should direct a documented review and analysis of [department/ office] vehicle pursuit reports to minimally include policy suitability, policy compliance, and training or equipment needs. 314.8.1 REGULAR AND PERIODIC PURSUIT TRAINING The Training Sergeant shall make available to all officers initial and supplementary Police Officer Standard Training (POST) training on pursuits required by Penal Code § 13519.8, Vehicle Code § 17004.7(d), and 11 CCR 1081, 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. 314.8.2 POLICY REVIEW Officers of this [department/office] shall certify in writing that they have received, read, and understand this policy initially, upon any amendments, and whenever training on this policy is provided. The POST attestation form, or an equivalent form, may be used to document the compliance and should be retained in the member’s training file. 314.9 APPLICATION OF VEHICLE PURSUIT POLICY This policy is expressly written and adopted pursuant to the provisions of Vehicle Code § 17004.7, with additional input from the POST Vehicle Pursuit Guidelines. 314.10 STARCHASE PURSUIT MANAGEMENT SYSTEM The StarChase system allows an officer to remotely affix a GPS tracking device to a pursued (or about to be pursued) vehicle using an air pressure system to discharge the tracker from the front of the StarChase equipped patrol vehicle to the vehicle in front of it. Once the tracker is affixed, its location can be tracked by an employee (StarChase monitor) using a computer with an internet connection. 314.10.1 TRAINING StarChase equipped patrol vehicles will only be operated by officers who have been trained in its use by a StarChase certified Benicia Police Department instructor. Training of the StarChase Copyright Lexipol, LLC 2024/03/28, All Rights Reserved. Vehicle Pursuits - 109 Published with permission by Benicia Police Department Benicia Police Department Benicia PD Policy Manual Benicia PD Policy Manual Vehicle Pursuits system will consist of a full operating overview of the StarChase equipment, scenario based training where officers deploy the StarChase training darts on stationary and moving vehicles, and the completion of a proficiency exam. 314.10.2 RESPONSIBILITIES OF PATROL OFFICERS Patrol officers assigned to StarChase equipped vehicles shall perform the following system check at the beginning and end of his/her patrol shift: (a) Check the StarChase GPS Tracker housing unit located on the front bumper of the patrol vehicle to ensure two (2) StarChase GPS darts (tags) are present. (b) Activate the StarChase system on the patrol vehicles MDB to ensure proper functionality. (c) Activate the StarChase system deployment unit to ensure proper functionality. It is the responsibility of the officer assigned to a StarChase equipped patrol vehicle to notify his/ her immediate supervisor of missing StarChase equipment or malfunctions. 314.10.3 DEPLOYMENT OF THE STARCHASE PURSUIT MANAGEMENT SYSTEM All safety decisions related to the discharge of a StarChase tag shall be evaluated by the operator prior to deployment. While supervisors may direct or approve the deployment of a StarChase equipped patrol vehicle in a pursuit and/or the discharge of a tag, safety decisions related to passing other involved vehicles and the actual discharge of the device will be evaluated by the operator prior to deployment. In accordance with this policy, the safety of officers, uninvolved persons and persons inside the pursued vehicle shall be considered. The following decisions specifically included are: (a) Whether the officer can safely maneuver close enough to the suspect vehicle to come within targeting range. (b) Whether the officer can safely pass any other vehicle involved in the pursuit. (c) Whether any circumstance would indicate the device would not work (e.g. weather conditions, suspect vehicle weaving, etc.). (d) StarChase equipped patrol vehicles, with approval from a supervisor, are authorized to respond Code 3 to join a pursuit for potential use of the device. (e) Unless directed otherwise, the StarChase equipped vehicle will join the pursuit at the rear of authorized pursuing vehicles until cleared to pass. Once a StarChase equipped vehicle joins a pursuit, it becomes an authorized unit as it relates to the number of authorizing pursuing vehicle(s). StarChase equipped vehicles may pass other pursuing vehicles only when deemed safe and only with specific permission from the unit to be passed. Permission is to be south and acknowledged one passing at a time. Officer driving the StarChase equipped vehicle will identify which side of the overtaken vehicle they will pass. StarChase tags will be deployed in accordance with training. Copyright Lexipol, LLC 2024/03/28, All Rights Reserved. Vehicle Pursuits - 110 Published with permission by Benicia Police Department Benicia Police Department Benicia PD Policy Manual Benicia PD Policy Manual Vehicle Pursuits Once the StarChase tag is successfully deployed, pursuing vehicles should normally drop back significantly from the suspect vehicle. Officer will maintain constant communication with the StarChase Monitor for speed/direction/location updates of the suspect vehicle. The Supervisor will coordinate with the StarChase Monitor to direct resources and officers to appropriate locations to apprehend the suspect. No officer who is driving a moving patrol vehicle will access the StarChase Monitor data as this creates an unnecessary hazard. 314.10.4 TACTICAL CONSIDERATIONS The StarChase tag will not normally be deployed in the following situations unless the suspect poses a substantial risk to the public: (a) During heavy rain. (b) While driving on exceptionally rough terrain. (c) On a motorcycle. (d) When pedestrians are between or very near the suspect vehicle and the StarChase equipped vehicle. 314.10.5 REPORTING In addition to the normal pursuit reporting procedures required by this policy, officers who use the StarChase system will report all tag deployments. 314.11 POLICY It is the policy of this [department/office] to balance the importance of apprehending suspects who unlawfully flee from law enforcement against the risks associated with vehicle pursuits. Copyright Lexipol, LLC 2024/03/28, All Rights Reserved. Vehicle Pursuits - 111 Published with permission by Benicia Police Department Policy Benicia Police Department 316 Benicia PD Policy Manual Officer Response to Calls 316.1 PURPOSE AND SCOPE This policy provides for the safe and appropriate response to emergency and non-emergency situations whether dispatched or self-initiated. 316.2 RESPONSE TO CALLS Officers dispatched "Code-3" shall consider the call an emergency response and proceed immediately. Officers responding Code-3 shall continuously operate emergency lighting equipment, including at minimum a steady forward facing red light, and shall sound the siren as reasonably necessary pursuant to Vehicle Code § 21055. Responding with emergency light(s) and siren does not relieve the officer of the duty to continue to drive with due regard for the safety of all persons. The use of any other warning equipment without a red light and siren does not provide any exemption from the Vehicle Code. Officers should only respond Code-3 when so dispatched or when circumstances reasonably indicate an emergency response is required. Officers not authorized to respond Code-3 shall observe all traffic laws and proceed without the use of emergency lights and siren. 316.3 REQUESTING EMERGENCY ASSISTANCE Requests for emergency assistance should be limited to those situations where the involved personnel reasonably believe that there is an immediate threat to the safety of officers, or assistance is needed to prevent imminent serious harm to a citizen. In any event, where a situation has stabilized and emergency response is not required, the requesting officer shall immediately notify Dispatch. If circumstances permit, the requesting officer should give the following information: • The unit number • The location • The reason for the request and type of emergency • The number of units required 316.3.1 NUMBER OF UNITS ASSIGNED Normally, only two units should respond to an emergency call Code-3 unless the Supervisor or the Field Supervisor authorizes an additional unit(s). 316.4 INITIATING CODE 3 RESPONSE If an officer believes a Code 3 response to any call is appropriate, the officer should immediately notify Dispatch. Generally, no more than two units should respond Code 3 to any situation. However, should another officer believe a Code 3 response is appropriate, the officer will notify dispatch and the supervisor/ field supervisor of the emergency response. Copyright Lexipol, LLC 2024/03/28, All Rights Reserved. Officer Response to Calls - 112 Published with permission by Benicia Police Department Benicia Police Department Benicia PD Policy Manual Benicia PD Policy Manual Officer Response to Calls 316.5 RESPONSIBILITIES OF RESPONDING OFFICERS Officers shall exercise sound judgment and care with due regard for life and property when responding to an emergency call. Officers shall reduce speed at all street intersections to such a degree that they shall have complete control of the vehicle. The decision to continue a Code-3 response is at the discretion of the officer. If, in the officer's judgment, the roadway conditions or traffic congestion does not permit such a response without unreasonable risk, the officer may elect to respond to the call without the use of red lights and siren at the legal speed limit. In such an event, the officer should immediately notify Dispatch. An officer shall also discontinue the Code-3 response when directed by a supervisor. Upon receiving authorization or determining a Code-3 response is appropriate, an officer shall immediately give the location from which he/she is responding. 316.6 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 Supervisor 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 Supervisor (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 Supervisor or field supervisor 316.7 SUPERVISORY RESPONSIBILITIES Upon being notified that a Code-3 response has been initiated, the Supervisor 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, Copyright Lexipol, LLC 2024/03/28, All Rights Reserved. Officer Response to Calls - 113 Published with permission by Benicia Police Department Benicia Police Department Benicia PD Policy Manual Benicia PD Policy Manual Officer Response to Calls 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 Supervisor 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 316.8 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 Supervisor, field supervisor, or Dispatch of the equipment failure so that another unit may be assigned to the emergency response. Copyright Lexipol, LLC 2024/03/28, All Rights Reserved. Officer Response to Calls - 114 Published with permission by Benicia Police Department Policy Benicia Police Department 318 Benicia PD Policy Manual Canines 318.1 PURPOSE AND SCOPE This policy establishes guidelines for the use of canines to augment police services in the community, including but not limited to locating individuals and contraband and apprehending criminal offenders. 318.2 POLICY It is the policy of the Benicia Police Department that teams of handlers and canines meet and maintain the appropriate proficiency to effectively and reasonably carry out legitimate law enforcement objectives. 318.3 ASSIGNMENT Canine teams should be assigned to assist and supplement the Patrol Division to function primarily in assist or cover assignments. However, they may be assigned by the Supervisor to other functions, such as routine calls for service, based on the current operational needs. Canine teams should generally not be assigned to handle routine matters that will take them out of service for extended periods of time. If such assignment is necessary, it should only be made with the approval of the Supervisor. 318.4 CANINE COORDINATOR The canine coordinator shall be appointed by and directly responsible to the Patrol Division or the authorized designee. The responsibilities of the coordinator include but are not limited to: (a) Reviewing all canine use reports to ensure compliance with policy and to identify training issues and other needs of the program. (b) Maintaining a liaison with the vendor kennel. (c) Maintaining a liaison with command staff and functional supervisors. (d) Maintaining a liaison with other agency canine coordinators. (e) Maintaining accurate records to document canine activities. (f) Recommending and overseeing the procurement of equipment and services for the teams of handlers and canines. (g) Scheduling all canine-related activities. (h) Ensuring the canine teams are scheduled for regular training to maximize their capabilities. 318.5 REQUESTS FOR CANINE TEAMS Patrol Division members are encouraged to request the use of a canine. Requests for a canine team from [department/office] units outside of the Patrol Division shall be reviewed by the Supervisor. Copyright Lexipol, LLC 2024/03/28, All Rights Reserved. Canines - 115 Published with permission by Benicia Police Department Benicia Police Department Benicia PD Policy Manual Benicia PD Policy Manual Canines 318.5.1 OUTSIDE AGENCY REQUEST All requests for canine assistance from outside agencies must be approved by the Supervisor and are subject to the following: (a) Canine teams shall not be used for any assignment that is not consistent with this policy. (b) The canine handler shall have the authority to decline a request for any specific assignment that he/she deems unsuitable. (c) Calling out off-duty canine teams is discouraged. (d) It shall be the responsibility of the canine handler to coordinate operations with agency personnel in order to minimize the risk of unintended injury. (e) It shall be the responsibility of the canine handler to complete all necessary reports or as directed. 318.5.2 PUBLIC DEMONSTRATION All public requests for a canine team shall be reviewed and, if appropriate, approved by the canine coordinator prior to making any resource commitment. The canine coordinator is responsible for obtaining resources and coordinating involvement in the demonstration to include proper safety protocols. Canine handlers shall not demonstrate any apprehension work unless authorized to do so by the canine coordinator. 318.6 APPREHENSION GUIDELINES A canine may be used to locate and apprehend a suspect if the canine handler reasonably believes that the individual has committed, is committing, or is threatening to commit any serious offense and if any of the following conditions exist: (a) There is a reasonable belief the suspect poses an imminent threat of violence or serious harm to the public, any officer, or the handler. (b) The suspect is physically resisting or threatening to resist arrest and the use of a canine reasonably appears to be necessary to overcome such resistance. (c) The suspect is believed to be concealed in an area where entry by other than the canine would pose a threat to the safety of officers or the public. It is recognized that situations may arise that do not fall within the provisions set forth in this policy. Such events require consideration of the totality of the circumstances and the use of an objective reasonableness standard applied to the decision to use a canine. 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 Supervisor. Absent a change in circumstances that presents an imminent threat to officers, the canine or the public, such canine use should Copyright Lexipol, LLC 2024/03/28, All Rights Reserved. Canines - 116 Published with permission by Benicia Police Department Benicia Police Department Benicia PD Policy Manual Benicia PD Policy Manual Canines 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. 318.6.1 PREPARATION FOR DEPLOYMENT Prior to the use of a canine to search for or apprehend any suspect, the canine handler and/or the supervisor on-scene should carefully consider all pertinent information reasonably available at the time. The information should include but is not limited to: (a) The nature and seriousness of the suspected offense. (b) Whether violence or weapons were used or are anticipated. (c) The degree of resistance or threatened resistance, if any, the suspect has shown. (d) The suspect’s known or perceived age. (e) The potential for injury to officers or the public caused by the suspect if the canine is not utilized. (f) Any potential danger to the public and/or other officers at the scene if the canine is released. (g) The potential for the suspect to escape or flee if the canine is not utilized. As circumstances permit, the canine handler should make every reasonable effort to communicate and coordinate with other involved members to minimize the risk of unintended injury. It is the canine handler’s responsibility to evaluate each situation and determine whether the use of a canine is appropriate and reasonable. The canine handler shall have the authority to decline the use of the canine whenever he/she deems deployment is unsuitable. A supervisor who is sufficiently apprised of the situation may prohibit deploying the canine. Unless otherwise directed by a supervisor, assisting members should take direction from the handler in order to minimize interference with the canine. 318.6.2 WARNINGS AND ANNOUNCEMENTS Unless it would increase the risk of injury or escape, a clearly audible warning announcing that a canine will be used if the suspect does not surrender should be made prior to releasing a canine. The handler should allow a reasonable time for a suspect to surrender and should quiet the canine momentarily to listen for any verbal response to the warning. If feasible, other members should be in a location opposite the warning to verify that the announcement could be heard. If available, warnings given in other languages should be used as necessary. Copyright Lexipol, LLC 2024/03/28, All Rights Reserved. Canines - 117 Published with permission by Benicia Police Department Benicia Police Department Benicia PD Policy Manual Benicia PD Policy Manual Canines 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. 318.6.3 REPORTING DEPLOYMENTS, BITES, AND INJURIES Handlers should document canine deployments in a canine use report. Whenever a canine deployment results in a bite or causes injury to an intended suspect, a supervisor should be promptly notified and the injuries documented in the canine use report. The injured person shall be promptly treated by Emergency Medical Services personnel and, if appropriate, transported to an appropriate medical facility for further treatment. The deployment and injuries should also be included in any related incident or arrest report. Any unintended bite or injury caused by a canine, whether on- or off-duty, shall be promptly reported to the canine coordinator. Unintended bites or injuries caused by a canine should be documented in an administrative report, not in a canine use report. If an individual alleges an injury, either visible or not visible, a supervisor shall be notified and both the individual’s injured and uninjured areas shall be photographed as soon as practicable after first tending to the immediate needs of the injured party. Photographs shall be retained as evidence in accordance with current [department/office] evidence procedures. The photographs shall be retained until the criminal proceeding is completed and the time for any related civil proceeding has expired. Canines used by law enforcement agencies are generally exempt from impoundment and reporting requirements. However, the canine shall be made available for examination at any reasonable time if requested by the local health department. The canine handler shall also notify the local health department if the canine exhibits any abnormal behavior after a bite (Health and Safety Code § 121685). 318.7 NON-APPREHENSION GUIDELINES Properly trained canines may be used to track or search for non-criminals (e.g., lost children, individuals who may be disoriented or in need of medical attention). The canine handler is responsible for determining the canine’s suitability for such assignments based on the conditions and the particular abilities of the canine. When the canine is deployed in a search or other non- apprehension operation, the following guidelines apply: (a) Absent a change in circumstances that presents an imminent threat to officers, the canine, or the public, such applications should be conducted on-leash or under 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. Copyright Lexipol, LLC 2024/03/28, All Rights Reserved. Canines - 118 Published with permission by Benicia Police Department Benicia Police Department Benicia PD Policy Manual Benicia PD Policy Manual Canines (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. 318.7.1 ARTICLE DETECTION A canine trained to find objects or property related to a person or crime may be used to locate or identify articles. A canine search should be conducted in a manner that minimizes the likelihood of unintended bites or injuries. 318.7.2 NARCOTICS DETECTION A canine trained in narcotics detection may be used in accordance with current law and under certain circumstances, including: (a) The search of vehicles, buildings, bags, and other articles. (b) Assisting in the search for narcotics during a search warrant service. (c) Obtaining a search warrant by using the narcotics-detection trained canine in support of probable cause. A narcotics-detection trained canine will not be used to search a person for narcotics unless the canine is trained to passively indicate the presence of narcotics. 318.7.3 BOMB/EXPLOSIVE DETECTION Because of the high risk of danger to the public and officers when a bomb or other explosive device is suspected, the use of a canine team trained in explosive detection may be considered. When available, an explosive-detection canine team may be used in accordance with current law and under certain circumstances, including: (a) Assisting in the search of a building, structure, area, vehicle, or article where an actual or suspected explosive device has been reported or located. (b) Assisting with searches at transportation facilities and vehicles (e.g., buses, airplanes, trains). (c) Preventive searches at special events, VIP visits, official buildings, and other restricted areas. Searches of individuals should remain minimally intrusive and shall be strictly limited to the purpose of detecting explosives. (d) Assisting in the search of scenes where an explosion has occurred and an explosive device or secondary explosive device is suspected. At no time will an explosive-detection trained canine be used to render a suspected device safe or clear. 318.8 HANDLER SELECTION The minimum qualifications for the assignment of canine handler include: (a) An officer who is currently off probation. Copyright Lexipol, LLC 2024/03/28, All Rights Reserved. Canines - 119 Published with permission by Benicia Police Department Benicia Police Department Benicia PD Policy Manual Benicia PD Policy Manual Canines (b) Residing in an adequately fenced single-family residence (minimum 5-foot-high fence with locking gates). (c) A garage that can be secured and can accommodate a canine vehicle. (d) Living within 30 minutes travel time from the Benicia City limits. (e) Agreeing to be assigned to the position for a minimum of three years. 318.9 HANDLER RESPONSIBILITIES The canine handler shall ultimately be responsible for the health and welfare of the canine and shall ensure that the canine receives proper nutrition, grooming, training, medical care, affection, and living conditions. The canine handler will be responsible for the following: (a) Except as required during appropriate deployment, the handler shall not expose the canine to any foreseeable and unreasonable risk of harm. (b) The handler shall maintain all [department/office] equipment under his/her control in a clean and serviceable condition. (c) When not in service, the handler shall maintain the canine vehicle in a locked garage, away from public view. (d) When a handler is off-duty for an extended number of days, the assigned canine vehicle should be stored at the Benicia Police Department facility. (e) Handlers shall permit the canine coordinator to conduct spontaneous on-site inspections of affected areas of their homes as well as their canine vehicles to verify that conditions and equipment conform to this policy. (f) Any changes in the living status of the handler that may affect the lodging or environment of the canine shall be reported to the canine coordinator as soon as possible. (g) When off-duty, the canine shall be in a kennel provided by the 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 coordinator or Supervisor. (j) When off-duty, the handler shall not involve the canine in any law enforcement activity or official conduct unless approved in advance by the canine coordinator or Supervisor. (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. Copyright Lexipol, LLC 2024/03/28, All Rights Reserved. Canines - 120 Published with permission by Benicia Police Department Benicia Police Department Benicia PD Policy Manual Benicia PD Policy Manual Canines 318.9.1 CANINE IN PUBLIC AREAS The canine should be kept on a leash when in areas that allow access to the public. Exceptions to this rule would include specific law enforcement operations for which the canine is trained. (a) A canine shall not be left unattended in any area to which the public may have access. (b) When the canine vehicle is left unattended, all windows and doors shall be secured in such a manner as to prevent unauthorized access to the canine. The handler shall also ensure that the unattended vehicle remains inhabitable for the canine. (c) It shall be the canine handler's responsibility to prevent the canine from escaping, self- deploying, or any unintentional public contact with the canine. 318.10 HANDLER COMPENSATION The canine handler shall be available for call-out under conditions specified by the canine coordinator. The canine handler shall be compensated for time spent in the care, feeding, grooming, and other needs of the canine in accordance with the Fair Labor Standards Act (FLSA), and according to the terms of the collective bargaining agreement (29 USC § 207). 318.11 CANINE INJURY AND MEDICAL CARE In the event that a canine is injured, or there is an indication that the canine is not in good physical condition, the injury or condition will be reported to the canine coordinator or Supervisor 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. 318.12 TRAINING Before assignment in the field, each canine team shall be trained and certified to meet current POST guidelines or other recognized and approved certification standards. Cross-trained canine teams or those canine teams trained exclusively for the detection of narcotics and/or explosives also shall be trained and certified by the California Narcotic Canine Association (CNCA) or other recognized and approved certification standards established for their particular skills. The canine coordinator shall be responsible for scheduling periodic training for all [department/ office] members in order to familiarize them with how to conduct themselves in the presence of [department/office] canines. Because canines may be exposed to dangerous substances such as opioids, as resources are available, the canine coordinator should also schedule periodic training for the canine handlers about the risks of exposure and treatment for it. All canine training shall be conducted while on-duty unless otherwise approved by the canine coordinator or Supervisor. Copyright Lexipol, LLC 2024/03/28, All Rights Reserved. Canines - 121 Published with permission by Benicia Police Department Benicia Police Department Benicia PD Policy Manual Benicia PD Policy Manual Canines 318.12.1 CONTINUED TRAINING Each canine team shall thereafter be recertified to a current POST, CNCA, or other recognized and approved certification standards on an annual basis. Additional training considerations are as follows: (a) Canine teams should receive training as defined in the current contract with the Benicia Police Department canine training provider. (b) Canine handlers are encouraged to engage in additional training with approval of the canine coordinator. (c) To ensure that all training is consistent, no handler, trainer, or outside vendor is authorized to train to a standard that is not reviewed and approved by the [Department/ Office]. 318.12.2 FAILURE TO SUCCESSFULLY COMPLETE TRAINING Any canine team failing to graduate or obtain certification shall not be deployed in the field for tasks the team is not certified to perform until graduation or certification is achieved. When reasonably practicable, pending successful certification, the canine handler shall be temporarily reassigned to regular patrol duties. 318.12.3 TRAINING RECORDS All canine training records shall be maintained in the canine handler's and the canine's training file. 318.12.4 TRAINING AIDS Training aids are required to effectively train and maintain the skills of canines. Officers possessing, using or transporting controlled substances or explosives for canine training purposes must comply with federal and state requirements. Alternatively, the Benicia Police Department may work with outside trainers with the applicable licenses or permits. 318.12.5 CONTROLLED SUBSTANCE TRAINING AIDS Officers acting in the performance of their official duties may possess or transfer controlled substances for the purpose of narcotics-detection canine training in compliance with state and federal laws (Health & Safety Code § 11367.5; 21 USC § 823(g)). The Chief of Police or the authorized designee may authorize a member to seek a court order to allow controlled substances seized by the Benicia Police Department to be possessed by the member or a narcotics-detection canine trainer who is working under the direction of this [department/office] 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 Administration (DEA). These procedures are not required if the canine handler uses commercially available synthetic substances that are not controlled narcotics. Copyright Lexipol, LLC 2024/03/28, All Rights Reserved. Canines - 122 Published with permission by Benicia Police Department Benicia Police Department Benicia PD Policy Manual Benicia PD Policy Manual Canines 318.12.6 CONTROLLED SUBSTANCE PROCEDURES Due to the responsibilities and liabilities involved with possessing readily usable amounts of controlled substances and the ever-present danger of the canine’s accidental ingestion of these controlled substances, the following procedures shall be strictly followed: (a) All controlled substance training samples shall be weighed and tested prior to dispensing to the individual canine handler or trainer. (b) The weight and test results shall be recorded and maintained by this [department/ office]. (c) Any person possessing controlled substance training samples pursuant to court order or DEA registration shall maintain custody and control of the controlled substances and shall keep records regarding any loss of, or damage to, those controlled substances. (d) All controlled substance training samples will be inspected, weighed, and tested quarterly. The results of the quarterly testing shall be recorded and maintained by the canine coordinator with a copy forwarded to the dispensing agency. (e) All controlled substance training samples will be stored in locked, airtight, and watertight cases at all times, except during training. The locked cases shall be secured in the trunk of the canine handler’s assigned patrol vehicle during transport and stored in an appropriate locked container. There are no exceptions to this procedure. (f) The canine coordinator shall periodically inspect every controlled substance training sample for damage or tampering and take any appropriate action. (g) Any unusable controlled substance training samples shall be returned to the Evidence Room 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. 318.12.7 EXPLOSIVE TRAINING AIDS Officers may possess, transport, store, or use explosives or destructive devices in compliance with state and federal laws (Penal Code § 18800; 18 USC § 842; 27 CFR 555.41). Explosive training aids designed specifically for canine teams should be used whenever feasible. Due to the safety concerns in the handling and transportation of explosives, inert or non-hazardous training aids should be employed whenever feasible. The use of explosives or destructive devices for training aids by canine teams is subject to the following: (a) All explosive training aids, when not in use, shall be properly stored in a secure facility appropriate for the type of materials. (b) An inventory ledger shall be maintained to document the type and quantity of explosive training aids that are stored. (c) The canine coordinator shall be responsible for verifying the explosive training aids on hand against the inventory ledger once each quarter. (d) Only members of the canine team shall have access to the explosive training aids storage facility. Copyright Lexipol, LLC 2024/03/28, All Rights Reserved. Canines - 123 Published with permission by Benicia Police Department Benicia Police Department Benicia PD Policy Manual Benicia PD Policy Manual Canines (e) A primary and secondary custodian will be designated to minimize the possibility of loss of explosive training aids during and after the training. Generally, the handler will be designated as the primary custodian while the trainer or authorized second person on-scene will be designated as the secondary custodian. (f) Any lost or damaged explosive training aids shall be promptly reported to the canine coordinator, who will determine if any further action will be necessary. Any loss of explosives will be reported to the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF). Copyright Lexipol, LLC 2024/03/28, All Rights Reserved. Canines - 124 Published with permission by Benicia Police Department Policy Benicia Police Department 320 Benicia PD Policy Manual Domestic Violence 320.1 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. 320.1.1 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. 320.2 POLICY The Benicia 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. 320.3 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. 320.4 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. (d) When practicable and legally permitted, video or audio record all significant statements and observations. Copyright Lexipol, LLC 2024/03/28, All Rights Reserved. Domestic Violence - 125 Published with permission by Benicia Police Department Benicia Police Department Benicia PD Policy Manual Benicia PD Policy Manual Domestic Violence (e) All injuries should be photographed, regardless of severity, taking care to preserve the victim’s personal privacy. Where practicable, photographs should be taken by a person of the same sex. Victims whose injuries are not visible at the time of the incident should be asked to contact the Investigation 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. 320.4.1 IF A SUSPECT IS ARRESTED If a suspect is arrested, officers should: Copyright Lexipol, LLC 2024/03/28, All Rights Reserved. Domestic Violence - 126 Published with permission by Benicia Police Department Benicia Police Department Benicia PD Policy Manual Benicia PD Policy Manual Domestic Violence (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. 320.4.2 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. 320.5 VICTIM ASSISTANCE Because victims may be traumatized or confused, officers should be aware that a victim's behavior and actions may be affected: (a) Victims should be provided with the [department/office]'s domestic violence information handout, even if the incident may not rise to the level of a crime. (b) Victims should also be alerted to any available victim advocates, shelters, and community resources. (c) When an involved person requests law enforcement assistance while removing essential items of personal property, officers should stand by for a reasonable amount of time. (d) If the victim has sustained injury or complaints of pain, officers should seek medical assistance as soon as practicable. (e) Officers should ask the victim whether the victim has a safe place to stay and assist in arranging transportation to an alternate shelter if the victim expresses a concern for the victim's safety or if the officer determines that a need exists. (f) Officers should 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. (g) If appropriate, officers should seek or assist the victim in obtaining an emergency order if appropriate. An officer shall advise an individual protected by a Canadian domestic violence protection order of available local victim services (Family Code § 6452). 320.6 DISPATCH ASSISTANCE All calls of domestic violence, including incomplete 9-1-1 calls, should be dispatched as soon as practicable. Copyright Lexipol, LLC 2024/03/28, All Rights Reserved. Domestic Violence - 127 Published with permission by Benicia Police Department Benicia Police Department Benicia PD Policy Manual Benicia PD Policy Manual Domestic Violence [Dispatcher]s 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. 320.7 FOREIGN COURT ORDERS Various types of orders may be issued in domestic violence cases. Any foreign court order properly issued by a court of another state, Indian tribe, or territory shall be enforced by officers as if it were the order of a court in this state. An order should be considered properly issued when it reasonably appears that the issuing court has jurisdiction over the parties and reasonable notice and opportunity to respond was given to the party against whom the order was issued (18 USC § 2265). An otherwise valid out-of-state court or foreign order shall be enforced, regardless of whether the order has been properly registered with this state (Family Code § 6403). Canadian domestic violence protection orders shall also be enforced in the same manner as if issued in this state (Family Code § 6452). 320.8 VERIFICATION OF COURT ORDERS Determining the validity of a court order, particularly an order from another jurisdiction, can be challenging. Therefore, in determining whether there is probable cause to make an arrest for a violation of any court order, officers should carefully review the actual order when available, and where appropriate and practicable: (a) Ask the subject of the order about his/her notice or receipt of the order, his/her knowledge of its terms and efforts to respond to the order. 1. If a determination is made that a valid foreign order cannot be enforced because the subject has not been notified or served the order, the officer shall inform the subject of the order, make a reasonable effort to serve the order upon the subject, and allow the subject a reasonable opportunity to comply with the order before enforcing the order. Verbal notice of the terms of the order is sufficient notice (Family Code § 6403). (b) Check available records or databases that may show the status or conditions of the order. 1. Registration or filing of an order in California is not required for the enforcement of a valid foreign order (Family Code § 6403). (c) Contact the issuing court to verify the validity of the order. (d) Contact a law enforcement official from the jurisdiction where the order was issued to verify information. Officers should document in an appropriate report their efforts to verify the validity of an order, regardless of whether an arrest is made. Officers should contact a supervisor for clarification when needed. 320.9 STANDARDS FOR ARRESTS Officers investigating a domestic violence report should consider the following: Copyright Lexipol, LLC 2024/03/28, All Rights Reserved. Domestic Violence - 128 Published with permission by Benicia Police Department Benicia Police Department Benicia PD Policy Manual Benicia PD Policy Manual Domestic Violence (a) An arrest should be made when there is probable cause to believe that a felony or misdemeanor domestic violence offense has been committed (Penal Code § 13701). Any decision to not arrest an adult when there is probable cause to do so requires supervisor approval. 1. Officers are only authorized to make an arrest without a warrant for a misdemeanor domestic violence offense if the officer makes the arrest as soon as probable cause arises (Penal Code § 836). (b) An officer responding to a domestic violence call who cannot make an arrest will advise the victim of the victim's right to make a private person's arrest. The advisement should be made out of the presence of the suspect and shall include advising the victim how to safely execute the arrest. Officers shall not dissuade victims from making a lawful private person's arrest. Officers should refer to the provisions in the Private Persons Arrests Policy for options regarding the disposition of private person's arrests (Penal Code § 836(b)). (c) Officers shall not cite and release a person for the following offenses (Penal Code § 853.6(a)(3)): 1. Penal Code § 243(e)(1) (battery against spouse, cohabitant) 2. Penal Code § 273.5 (corporal injury on spouse, cohabitant, fiancé/fiancée, person of a previous dating or engagement relationship, mother/father of the offender's child) 3. Penal Code § 273.6 (violation of protective order) if violence or threats of violence have occurred or the suspect has gone to the workplace or residence of the protected party 4. Penal Code § 646.9 (stalking) 5. Other serious or violent felonies specified in Penal Code § 1270.1 (d) In responding to domestic violence incidents, including mutual protective order violations, officers should generally be reluctant to make dual arrests. Officers shall make reasonable efforts to identify the dominant aggressor in any incident. The dominant aggressor is the person who has been determined to be the most significant, rather than the first, aggressor (Penal Code § 13701). In identifying the dominant aggressor, an officer shall consider: 1. The intent of the law to protect victims of domestic violence from continuing abuse. 2. The threats creating fear of physical injury. 3. The history of domestic violence between the persons involved. 4. Whether either person acted in self-defense. (e) An arrest shall be made when there is probable cause to believe that a violation of a domestic violence court order has been committed (Penal Code § 13701; Penal Code § 836), regardless of whether the offense was committed in the officer's presence. After arrest, the officer shall confirm that a copy of the order has been registered, unless the victim provides a copy (Penal Code § 836). Copyright Lexipol, LLC 2024/03/28, All Rights Reserved. Domestic Violence - 129 Published with permission by Benicia Police Department Benicia Police Department Benicia PD Policy Manual Benicia PD Policy Manual Domestic Violence 320.10 REPORTS AND RECORDS (a) A written report shall be completed on all incidents of domestic violence. All such reports should be documented on the appropriate form, which includes information and notations specific to domestic violence incidents as required by Penal Code § 13730. (b) Reporting officers should provide the victim with the case number of the report. The case number may be placed in the space provided on the domestic violence victim information handout provided to the victim. If the case number is not immediately available, an explanation should be given regarding how the victim can obtain the information at a later time. (c) Officers who seize any firearm, ammunition, or other deadly weapon in a domestic violence incident shall issue the individual possessing such weapon a receipt that includes the name and residential mailing address of the owner or person who possessed the weapon and notice of where the weapon may be recovered, along with the applicable time limit for recovery (Penal Code § 18250; Penal Code § 18255; Penal Code § 33800; Family Code § 6389(c)). 320.11 SERVICE OF COURT ORDERS (a) An officer who obtains an emergency protective order from the court shall serve it on the restrained person if the person can be reasonably located and shall provide the person protected or the person's parent/guardian with a copy of the order. The officer shall file a copy with the court as soon as practicable and shall have the order entered into the computer database system for protective and restraining orders maintained by the Department of Justice (Family Code § 6271; Penal Code § 646.91). (b) A temporary restraining order, emergency protective order, or an order issued after a hearing shall, at the request of the petitioner, be served on the restrained person by an officer who is present at the scene of a reported domestic violence incident or when the officer receives a request from the petitioner to provide service of the order (Family Code § 6383; Penal Code § 13710). (c) Any officer serving a protective order that indicates that the respondent possesses weapons or ammunition shall request that the firearm/ammunition be immediately surrendered (Family Code § 6389(c)). (d) During the service of a protective order any firearm discovered in plain view or pursuant to consent or other lawful search shall be taken into temporary custody (Penal Code § 18250). 1. An officer should ensure that the Records Section is notified of any firearm obtained for entry into the Automated Firearms System (Family Code § 6383) (see the Records Section Policy for additional guidance). (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 the person with a record of Copyright Lexipol, LLC 2024/03/28, All Rights Reserved. Domestic Violence - 130 Published with permission by Benicia Police Department Benicia Police Department Benicia PD Policy Manual Benicia PD Policy Manual Domestic Violence the order, if available, and shall allow the person a reasonable opportunity to comply with the order before taking enforcement action (Family Code § 6452). 320.12 PUBLIC ACCESS TO POLICY A copy of this domestic violence policy will be provided to members of the public upon request (Penal Code § 13701). 320.13 DECLARATION IN SUPPORT OF BAIL INCREASE Any officer who makes a warrantless arrest for a felony or misdemeanor violation of a domestic violence restraining order shall evaluate the totality of the circumstances to determine whether reasonable cause exists to seek an increased bail amount. If there is reasonable cause to believe that the scheduled bail amount is insufficient to assure the arrestee's appearance or to protect the victim or family member of a victim, the officer shall prepare a declaration in support of increased bail (Penal Code § 1269c). 320.14 DOMESTIC VIOLENCE DEATH REVIEW TEAM This [department/office] should cooperate with any interagency domestic violence death review team investigation. Written and oral information relating to a domestic violence death that would otherwise be subject to release restrictions may be disclosed to the domestic violence death review team upon written request and approval of a supervisor (Penal Code § 11163.3). Copyright Lexipol, LLC 2024/03/28, All Rights Reserved. Domestic Violence - 131 Published with permission by Benicia Police Department Policy Benicia Police Department 322 Benicia PD Policy Manual Search and Seizure 322.1 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 Benicia Police Department personnel to consider when dealing with search and seizure issues. 322.2 POLICY It is the policy of the Benicia Police Department to respect the fundamental privacy rights of individuals. Members of this department will conduct searches in strict observance of the constitutional rights of persons being searched. All seizures by this department will comply with relevant federal and state law governing the seizure of persons and property. The Department will provide relevant and current training to officers as guidance for the application of current law, local community standards and prosecutorial considerations regarding specific search and seizure situations, as appropriate. 322.3 SEARCHES The U.S. Constitution generally provides that a valid warrant is required in order for a search to be valid. There are, however, several exceptions that permit a warrantless search. Examples of law enforcement activities that are exceptions to the general warrant requirement include, but are not limited to, searches pursuant to the following: • Valid consent • Incident to a lawful arrest • Legitimate community caretaking interests • Vehicle searches under certain circumstances • Exigent circumstances Certain other activities are recognized by federal and state courts and by certain statutes as legitimate law enforcement activities that also do not require a warrant. Such activities may include seizure and examination of abandoned property, and observations of activities and property located on open public areas. Because case law regarding search and seizure is constantly changing and subject to interpretation by the courts, each member of this department is expected to act in each situation according to current training and his/her familiarity with clearly established rights as determined by case law. Whenever practicable, officers are encouraged to contact a supervisor to resolve questions regarding search and seizure issues prior to electing a course of action. Copyright Lexipol, LLC 2024/03/28, All Rights Reserved. Search and Seizure - 132 Published with permission by Benicia Police Department Benicia Police Department Benicia PD Policy Manual Benicia PD Policy Manual Search and Seizure 322.4 SEARCH PROTOCOL Although conditions will vary and officer safety and other exigencies must be considered in every search situation, the following guidelines should be followed whenever circumstances permit: (a) Members of this department will strive to conduct searches with dignity and courtesy. (b) Officers should explain to the person being searched the reason for the search and how the search will be conducted. (c) Searches should be carried out with due regard and respect for private property interests and in a manner that minimizes damage. Property should be left in a condition as close as reasonably possible to its pre-search condition. (d) In order to minimize the need for forcible entry, an attempt should be made to obtain keys, combinations or access codes when a search of locked property is anticipated. (e) When the person to be searched is of the opposite sex as the searching officer, a reasonable effort should be made to summon an officer of the same sex as the subject to conduct the search. When it is not practicable to summon an officer of the same sex as the subject, the following guidelines should be followed: 1. Another officer or a supervisor should witness the search. 2. The officer should not search areas of the body covered by tight-fitting clothing, sheer clothing or clothing that could not reasonably conceal a weapon. 322.5 DOCUMENTATION Officers are responsible to document any search and to ensure that any required reports are sufficient including, at minimum, documentation of the following: • Reason for the search • Any efforts used to minimize the intrusiveness of any search (e.g., asking for consent or keys) • What, if any, injuries or damage occurred • All steps taken to secure property • The results of the search, including a description of any property or contraband seized • If the person searched is the opposite sex, any efforts to summon an officer of the same sex as the person being searched and the identification of any witness officer Supervisors shall review reports to ensure the reports are accurate, that actions are properly documented and that current legal requirements and department policy have been met. Copyright Lexipol, LLC 2024/03/28, All Rights Reserved. Search and Seizure - 133 Published with permission by Benicia Police Department Policy Benicia Police Department 324 Benicia PD Policy Manual Temporary Custody of Juveniles 324.1 PURPOSE AND SCOPE This policy provides guidelines consistent with the Juvenile Justice and Delinquency Prevention Act for juveniles taken into temporary custody by members of the Benicia Police Department (34 USC § 11133). Guidance regarding contacting juveniles at schools or who may be victims is provided in the Child Abuse Policy. 324.1.1 DEFINITIONS Definitions related to this policy include: Juvenile non-offender - An abused, neglected, dependent, or alien juvenile who may be legally held for the juvenile's 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 the juvenile's 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/office] 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. Copyright Lexipol, LLC 2024/03/28, All Rights Reserved. Temporary Custody of Juveniles - 134 Published with permission by Benicia Police Department Benicia Police Department Benicia PD Policy Manual Benicia PD Policy Manual Temporary Custody of Juveniles (c) A juvenile placed in a room that contains doors with delayed egress devices that have a delay of more than 30 seconds. (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). 324.2 POLICY The Benicia 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 Benicia Police Department. Juveniles should be held in temporary custody only for as long as reasonably necessary for processing, transfer, or release. 324.3 JUVENILES WHO SHOULD NOT BE HELD Juveniles who exhibit any of the following conditions should not be held at the Benicia 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 Supervisor. A medical clearance shall be obtained for minors who are under the influence of drugs, alcohol, or any other intoxicating substance to the extent that they are unable to care for themselves (15 CCR 1151). (e) Extremely violent or continuously violent Officers taking custody of a juvenile who exhibits any of the above conditions should take reasonable steps to provide medical attention or mental health assistance and notify a supervisor of the situation (15 CCR 1142; 15 CCR 1151). Copyright Lexipol, LLC 2024/03/28, All Rights Reserved. Temporary Custody of Juveniles - 135 Published with permission by Benicia Police Department Benicia Police Department Benicia PD Policy Manual Benicia PD Policy Manual Temporary Custody of Juveniles These juveniles should not be held at the Benicia Police Department unless they have been evaluated by a qualified medical and/or mental health professional (15 CCR 1142). If the officer taking custody of the juvenile believes the juvenile may be a suicide risk, the juvenile shall be under continuous direct supervision until evaluation, release, or a transfer is completed (15 CCR 1142). 324.3.1 EMERGENCY MEDICAL CARE OF JUVENILES IN CUSTODY When emergency medical attention is required for a juvenile, medical assistance will be called immediately. The watch commander shall be notified of the need for medical attention for the juvenile. Department members should administer first aid as applicable (15 CCR 1142). 324.3.2 SUICIDE PREVENTION OF JUVENILES IN CUSTODY [Department/Office] members should be alert to potential symptoms based upon exhibited behavior that may indicate the juvenile is a suicide risk. These symptoms may include depression, refusal to communicate, verbally threatening to kill themself, or any unusual behavior which may indicate the juvenile may harm themself while in either secure or non-secure custody (15 CCR 1142). 324.4 CUSTODY OF JUVENILES Officers should take custody of a juvenile and temporarily hold the juvenile at the Benicia 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 Benicia Police Department without authorization of the arresting officer's supervisor or the Supervisor. 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 the juvenile's entry into the Benicia Police Department (34 USC § 11133; Welfare and Institutions Code § 207.1). 324.4.1 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 Benicia 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). Copyright Lexipol, LLC 2024/03/28, All Rights Reserved. Temporary Custody of Juveniles - 136 Published with permission by Benicia Police Department Benicia Police Department Benicia PD Policy Manual Benicia PD Policy Manual Temporary Custody of Juveniles 324.4.2 CUSTODY OF JUVENILE STATUS OFFENDERS Status offenders should generally be released by citation or with a warning rather than taken into temporary custody. However, officers may take custody of a status offender if requested to do so by a parent or legal guardian in order to facilitate reunification (e.g., transported home or to the station to await a parent). Juvenile status offenders shall not be held in secure custody (34 USC § 11133). 324.4.3 CUSTODY OF JUVENILE OFFENDERS Juvenile offenders should be held in non-secure custody while at the Benicia 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/ Office]. (c) Referred to a probation officer for a decision regarding whether to transport the juvenile offender to a juvenile facility. (d) Transported to the juvenile offender's home or to the place where the juvenile offender was taken into custody (Welfare and Institutions Code § 207.2). In determining which disposition is appropriate, the investigating officer or supervisor shall prefer the alternative that least restricts the juvenile's freedom of movement, provided that alternative is compatible with the best interests of the juvenile and the community (Welfare and Institutions Code § 626). Whenever a juvenile offender under the age of 14 is taken into custody, the officer should take reasonable steps to verify and document the child's ability to differentiate between right and wrong, particularly in relation to the alleged offense (Penal Code § 26). Copyright Lexipol, LLC 2024/03/28, All Rights Reserved. Temporary Custody of Juveniles - 137 Published with permission by Benicia Police Department Benicia Police Department Benicia PD Policy Manual Benicia PD Policy Manual Temporary Custody of Juveniles 324.5 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, the juvenile 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, the juvenile offender 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 their parent or guardian; one to a responsible relative or their 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). 324.6 JUVENILE CUSTODY LOGS Any time a juvenile is held in custody at the [Department/Office], 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 Benicia Police Department (15 CCR 1150). (c) Supervisor notification and approval to temporarily hold the juvenile. (d) Any charges for which the juvenile is being held and classification of the juvenile as a juvenile offender, status offender, or non-offender. (e) Any changes in status (e.g., emergency situations, unusual incidents). (f) Time of all safety checks. (g) Any medical and other screening requested and completed (15 CCR 1142). (h) Circumstances that justify any secure custody (Welfare and Institutions Code § 207.1; 15 CCR 1145). (i) Any other information that may be required by other authorities, such as compliance inspectors or a local juvenile court authority. The Supervisor shall initial the log to approve the custody, including any secure custody, and shall also initial the log when the juvenile is released. Copyright Lexipol, LLC 2024/03/28, All Rights Reserved. Temporary Custody of Juveniles - 138 Published with permission by Benicia Police Department Benicia Police Department Benicia PD Policy Manual Benicia PD Policy Manual Temporary Custody of Juveniles 324.7 NO-CONTACT REQUIREMENTS Sight and sound separation shall be maintained between all juveniles and adults while in custody at the [Department/Office] (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 Benicia 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). 324.8 TEMPORARY CUSTODY REQUIREMENTS Members and supervisors assigned to monitor or process any juvenile at the Benicia Police Department shall ensure the following: (a) The Supervisor should be notified if it is anticipated that a juvenile may need to remain at the Benicia Police Department more than four hours. This will enable the Supervisor to ensure no juvenile is held at the Benicia Police Department more than six hours. (b) A staff member of the same sex shall supervise personal hygiene activities and care, such as changing clothing or using the restroom, without direct observation to allow for privacy. (c) Personal safety checks and significant incidents/activities shall be noted on the log. (d) Juveniles in custody are informed that they will be monitored at all times, except when using the toilet. 1. There shall be no viewing devices, such as peep holes or mirrors, of which the juvenile is not aware. 2. This does not apply to surreptitious and legally obtained recorded interrogations. (e) Juveniles shall have reasonable access to toilets and wash basins (15 CCR 1143). (f) Juveniles shall be provided sanitary napkins, panty liners, and tampons as requested (15 CCR 1143). (g) Food shall be provided if a juvenile has not eaten within the past four hours or is otherwise in need of nourishment, including any special diet required for the health of the juvenile (15 CCR 1143). (h) Juveniles shall have reasonable access to a drinking fountain or water (15 CCR 1143). (i) Juveniles shall have reasonable opportunities to stand and stretch, particularly if handcuffed or restrained in any way. (j) Juveniles shall have privacy during family, guardian, and/or lawyer visits (15 CCR 1143). Copyright Lexipol, LLC 2024/03/28, All Rights Reserved. Temporary Custody of Juveniles - 139 Published with permission by Benicia Police Department Benicia Police Department Benicia PD Policy Manual Benicia PD Policy Manual Temporary Custody of Juveniles (k) Juveniles shall be permitted to remain in their personal clothing unless the clothing is taken as evidence or is otherwise unsuitable or inadequate for continued wear while in custody (15 CCR 1143). (l) Blankets shall be provided as reasonably necessary (15 CCR 1143). 1. The supervisor should ensure that there is an adequate supply of clean blankets. (m) Adequate shelter, heat, light, and ventilation should be provided without compromising security or enabling escape. (n) Juveniles shall have adequate furnishings, including suitable chairs or benches. (o) Juveniles shall have the right to the same number of telephone calls as an adult in temporary custody. (p) Juveniles shall have access to language services (15 CCR 1143). (q) Juveniles shall have access to disability services (15 CCR 1143). (r) No discipline may be administered to any juvenile, nor may juveniles be subjected to corporal or unusual punishment, humiliation, or mental abuse (15 CCR 1142). While held in temporary custody, juveniles shall be informed in writing of what is available to them pursuant to 15 CCR 1143 and it shall be posted in at least one conspicuous place to which they have access (15 CCR 1143). 324.9 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 Benicia Police Department when the juvenile presents a heightened risk. However, non-offenders and status offenders should not be handcuffed unless they are combative or threatening (15 CCR 1142). Other restraints shall only be used after less restrictive measures have failed and with the approval of the Supervisor. Restraints shall only be used so long as it reasonably appears necessary for the juvenile's protection or the protection of others (15 CCR 1142). Juveniles in restraints shall be kept away from other unrestrained juveniles or monitored in such a way as to protect the juvenile from abuse (15 CCR 1142). 324.10 PERSONAL PROPERTY The officer taking custody of a juvenile offender or status offender at the Benicia 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 Benicia Police Department. Copyright Lexipol, LLC 2024/03/28, All Rights Reserved. Temporary Custody of Juveniles - 140 Published with permission by Benicia Police Department Benicia Police Department Benicia PD Policy Manual Benicia PD Policy Manual Temporary Custody of Juveniles 324.11 SECURE CUSTODY Only juvenile offenders 14 years of age or older may be placed in secure custody (Welfare and Institutions Code § 207; 15 CCR 1145). Supervisor 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 themselves or others. Factors to be considered when determining if the juvenile offender presents a serious security risk to themselves or others include the following (15 CCR 1145): (a) Age, maturity, and delinquent history (b) Severity of offense for which the juvenile was taken into custody (c) The juvenile offender's behavior (d) Availability of staff to provide adequate supervision or protection of the juvenile offender (e) Age, type, and number of other individuals in custody at the facility Members of this [department/office] shall not use secure custody for convenience when non- secure custody is, or later becomes, a reasonable option (15 CCR 1145). When practicable and when no locked enclosure is available, handcuffing one hand of a juvenile offender to a fixed object while otherwise maintaining the juvenile in non-secure custody should be considered as the method of secure custody. An employee must be present at all times to ensure the juvenile's safety while secured to a stationary object (15 CCR 1148). Juveniles shall not be secured to a stationary object for more than 60 minutes. Supervisor approval is required to secure a juvenile to a stationary object for longer than 60 minutes and every 30 minutes thereafter (15 CCR 1148). Supervisor approval should be documented. The decision for securing a minor to a stationary object for longer than 60 minutes and every 30 minutes thereafter shall be based upon the best interests of the juvenile offender (15 CCR 1148). 324.11.1 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/office] members (15 CCR 1147). (c) Initial placement into and removal from a locked enclosure shall be logged (Welfare and Institutions Code § 207.1). Copyright Lexipol, LLC 2024/03/28, All Rights Reserved. Temporary Custody of Juveniles - 141 Published with permission by Benicia Police Department Benicia Police Department Benicia PD Policy Manual Benicia PD Policy Manual Temporary Custody of Juveniles (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 the juvenile's well- being (sleeping juveniles or apparently sleeping juveniles should be awakened). 3. Requests or concerns of the juvenile should be logged. (e) Juveniles of different genders 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. 324.12 SUICIDE ATTEMPT, DEATH, OR SERIOUS INJURY OF A JUVENILE The Supervisor will ensure procedures are in place to address the suicide attempt, death, or serious injury of any juvenile held at the Benicia Police Department (15 CCR 1142; 15 CCR 1047). The procedures will address: (a) Immediate notification of the on-duty supervisor, Chief of Police, and Investigation 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. (g) In the case of a death, providing a report to the Attorney General under Government Code § 12525 within 10 calendar days of the death, and forwarding the same report to the Board of State and Community Corrections within the same time frame (15 CCR 1046). (h) A medical and operational review of deaths and suicide attempts pursuant to 15 CCR 1046. (i) Evidence preservation. 324.13 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): Copyright Lexipol, LLC 2024/03/28, All Rights Reserved. Temporary Custody of Juveniles - 142 Published with permission by Benicia Police Department Benicia Police Department Benicia PD Policy Manual Benicia PD Policy Manual Temporary Custody of Juveniles (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. 324.13.1 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/office] facility, jail, detention facility, or other fixed place of detention. The recording shall include the entire interview and a Miranda advisement preceding the interrogation (Penal Code § 859.5). This recording is not mandatory when (Penal Code § 859.5): (a) Recording is not feasible because of exigent circumstances that are later documented in a report. (b) The individual refuses to have the interrogation recorded, including a refusal any time during the interrogation, and the refusal is documented in a report. If feasible, the refusal shall be electronically recorded. (c) The custodial interrogation occurred in another state by law enforcement officers of that state, unless the interrogation was conducted with the intent to avoid the requirements of Penal Code § 859.5. (d) The interrogation occurs when no member conducting the interrogation has a reason to believe that the individual may have committed murder. Continued custodial interrogation concerning that offense shall be electronically recorded if the interrogating member develops a reason to believe the individual committed murder. (e) The interrogation would disclose the identity of a confidential informant or would jeopardize the safety of an officer, the individual being interrogated, or another individual. Such circumstances shall be documented in a report. (f) A recording device fails despite reasonable maintenance and the timely repair or replacement is not feasible. (g) The questions are part of a routine processing or booking, and are not an interrogation. (h) The suspect is in custody for murder and the interrogation is unrelated to a murder. However, if any information concerning a murder is mentioned during the interrogation, the remainder of the interrogation shall be recorded. These recordings shall be retained until a conviction is final and all direct and habeas corpus appeals are exhausted, a court no longer has any jurisdiction over the individual, or the prosecution for that offense is barred (Penal Code § 859.5; Welfare and Institutions Code § 626.8). 324.14 FORMAL BOOKING No juvenile offender shall be formally booked without the authorization of the arresting officer's supervisor, or in the supervisor's absence, the Supervisor. Copyright Lexipol, LLC 2024/03/28, All Rights Reserved. Temporary Custody of Juveniles - 143 Published with permission by Benicia Police Department Benicia Police Department Benicia PD Policy Manual Benicia PD Policy Manual Temporary Custody of Juveniles 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 Supervisor or the Investigation 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 324.15 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. Members of this department shall not divulge any information regarding juveniles unless they are certain of the legal authority to do so. A copy of the current policy of the juvenile court concerning authorized release of information and appropriate acknowledgment forms shall be kept with copies of this procedure in the Benicia Police Department Policy Manual. Such releases are authorized by Welfare and Institutions Code § 827. Welfare and Institutions Code § 828 authorizes the release of certain information to other agencies. It shall be the responsibility of the records department and the appropriate Investigations supervisors to ensure that personnel of those bureaus act within legal guidelines. 324.16 BOARD OF STATE AND COMMUNITY CORRECTIONS CERTIFICATION The Services Division Lieutenant shall coordinate the procedures related to the custody of juveniles held at the Benicia Police Department and ensure any required certification is maintained (Welfare and Institution Code § 210.2). 324.17 RELIGIOUS ACCOMMODATION Juveniles have the right to the same religious accommodation as adults in temporary custody (see the Temporary Custody of Adults Policy). 324.18 TRAINING [Department/Office] members should be trained on and familiar with this policy and any supplemental procedures. Copyright Lexipol, LLC 2024/03/28, All Rights Reserved. Temporary Custody of Juveniles - 144 Published with permission by Benicia Police Department Policy Benicia Police Department 326 Benicia PD Policy Manual Senior and Disability Victimization 326.1 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 Benicia Police Department members as required by law (Penal Code § 368.6). The Benicia Police Department is committed to providing equal protection and demonstrating respect for all persons regardless of age or disabilities, and to conscientiously enforcing all criminal laws protecting elders, and adults and children with disabilities, regardless of whether these crimes also carry civil penalties (Penal Code § 368.6) (see Child Abuse Policy for child abuse investigations and reporting). 326.1.1 DEFINITIONS Definitions related to this policy include: Abuse of an elder (age 65 or older) or dependent adult - Physical abuse, neglect, financial abuse, abandonment, isolation, abduction, or other treatment with resulting physical harm or pain or mental suffering; or the deprivation by a care custodian of goods or services that are necessary to avoid physical harm or mental suffering. Neglect includes self-neglect (Welfare and Institutions Code § 15610.05 et seq.; Penal Code § 368.5). [Department/Office] protocols (or protocols) - A procedure adopted by a local law enforcement agency consistent with the agency’s organizational structure and stated in a policy adopted pursuant to this section, to effectively and accountably carry out a particular agency responsibility. Dependent adult - An individual, regardless of whether the individual lives independently, between 18 and 64 years of age who has physical or mental limitations that restrict his/her ability to carry out normal activities or to protect his/her rights, including but not limited to persons who have physical or developmental disabilities or whose physical or mental abilities have diminished because of age. This also includes those admitted as inpatients to a 24-hour health facility, as defined in state law (Penal Code § 368; Welfare and Institutions Code § 15610.23). Elder and dependent adult abuse - Any offense or attempted offense involving violence or neglect of an adult victim when committed by a person responsible for the adult’s care, or any other act that would mandate reporting or notification to a social service agency or law enforcement (Penal Code § 368). Senior and disability victimization - Means any of the following (Penal Code § 368.6): (a) Elder and dependent adult abuse (b) Unlawful interference with a mandated report (c) Homicide of an elder, dependent adult, or other adult or child with a disability Copyright Lexipol, LLC 2024/03/28, All Rights Reserved. Senior and Disability Victimization - 145 Published with permission by Benicia Police Department Benicia Police Department Benicia PD Policy Manual Benicia PD Policy Manual Senior and Disability Victimization (d) Sex crimes against elders, dependent adults, or other adults and children with disabilities (e) Child abuse of children with disabilities (f) Violation of relevant protective orders (g) Hate crimes against persons with actual or perceived disabilities, including but not limited to disabilities caused by advanced age, or those associated with them (h) Domestic violence against elders, dependent adults, and adults and children with disabilities, including disabilities caused by advanced age 326.2 POLICY The Benicia Police Department will investigate all reported incidents of alleged elder and dependent adult abuse and ensure proper reporting and notification as required by law. 326.2.1 ARREST POLICY It is the [department/office] policy to make arrests or to seek arrest warrants for elder and dependent adult abuse in accordance with Penal Code § 836 and, in the case of domestic violence, as allowed by Penal Code § 13701 (Penal Code § 368.6) (see Law Enforcement Authority and Domestic Violence policies for additional guidance). 326.2.2 ADHERENCE TO POLICY All officers are required to be familiar with the policy and carry out the policy at all times, except in the case of an unusual compelling circumstance as determined and approved by a supervisor (Penal Code § 368.6). Any supervisor who determines and approves an officer’s deviation from this policy shall provide a written report to the Chief of Police that states the unusual compelling circumstances regarding the deviation. A copy of this report will be made available to the alleged victim and reporting party pursuant to [department/office] protocols (Penal Code § 368.6(c)(27)). The Chief of Police shall retain the report for a minimum of five years and shall make it available to the state protection and advocacy agency upon request (Penal Code § 368.6(c)(27)). 326.3 INVESTIGATIONS AND REPORTING All reported or suspected cases of elder and dependent adult abuse require investigation and a report, even if the allegations appear unfounded or unsubstantiated (Penal Code § 368.6). Investigations and reports related to suspected cases of elder and dependent adult abuse should address, as applicable: (a) The overall basis for the contact. This should be done by the investigating officer in all circumstances where a suspected elder and dependent adult abuse victim is contacted. (b) Any relevant statements the victim may have made and to whom he/she made the statements. Copyright Lexipol, LLC 2024/03/28, All Rights Reserved. Senior and Disability Victimization - 146 Published with permission by Benicia Police Department Benicia Police Department Benicia PD Policy Manual Benicia PD Policy Manual Senior and Disability Victimization (c) If a person is taken into protective custody, the reasons, the name and title of the person making the decision, and why other alternatives were not appropriate. (d) Documentation of any visible injuries or any injuries identified by the victim. This should include photographs of such injuries, if practicable. (e) Whether the victim was transported for medical treatment or a medical examination. (f) Whether the victim identified a household member as the alleged perpetrator, and a list of the names of any other potential victims or witnesses who may reside in the residence. (g) Identification of any prior related reports or allegations of abuse, including other jurisdictions, as reasonably known. (h) Previous addresses of the victim and suspect. (i) Other potential witnesses who have not yet been interviewed, such as relatives or others close to the victim’s environment. (j) Witness and suspect statements if available. (k) Review of all portable audio/video recorders, devices, and other available video. (l) Call history related to the elder or dependent adult including calls from mandated reporters or other individuals. (m) Whether the abuse is related to a disability-bias hate crime and related bias motivations (Penal Code § 368.6) (see the Hate Crimes Policy for additional guidance). (n) Results of investigations shall be provided to those agencies (Adult Protective Services (APS), long-term ombudsman) that referred or reported the elder or dependent adult abuse (Welfare and Institutions Code § 15640(f)). (o) Whether a death involved the End of Life Option Act: 1. Whether or not assistance was provided to the person beyond that allowed by law (Health and Safety Code § 443.14). 2. Whether an individual knowingly altered or forged a request for an aid-in- dying drug to end a person’s life without his/her authorization, or concealed or destroyed a withdrawal or rescission of a request for an aid-in-dying drug (Health and Safety Code § 443.17). 3. Whether coercion or undue influence was exerted on the person to request or ingest an aid-in-dying drug or to destroy a withdrawal or rescission of a request for such medication (Health and Safety Code § 443.17). 4. Whether an aid-in-dying drug was administered to a person without his/her knowledge or consent (Health and Safety Code § 443.17). Any unexplained death of an adult who was in the care of a guardian or caretaker should be considered as potential elder or dependent adult abuse and investigated similarly. An unexplained or suspicious death of an elder, dependent adult, or other adult or child with a disability should be treated as a potential homicide until a complete investigation including an Copyright Lexipol, LLC 2024/03/28, All Rights Reserved. Senior and Disability Victimization - 147 Published with permission by Benicia Police Department Benicia Police Department Benicia PD Policy Manual Benicia PD Policy Manual Senior and Disability Victimization autopsy is completed, and it should not be assumed that the death of an elder or person with a disability is natural simply because of the age or disability of the deceased (Penal Code § 368.6(c) (18)). 326.3.1 ADDITIONAL INVESTIGATIVE CONSIDERATIONS The following factors as provided in Penal Code § 368.6 should be considered when investigating incidents of elder and dependent adult abuse: (a) Elder and dependent adult abuse, sex crimes, child abuse, domestic violence, and any other criminal act, when committed in whole or in part because of the victim’s actual or perceived disability, including disability caused by advanced age, is also a hate crime (Penal Code § 368.6) (see the Hate Crimes Policy for additional guidance). (b) Senior and disability victimization crimes are also domestic violence subject to the mandatory arrest requirements of Penal Code § 836 if they meet the elements described in Penal Code § 273.5, including but not limited to a violation by a caretaker or other person who is or was a cohabitant of the victim, regardless of whether the cohabitant is or was a relative of, or in an intimate personal relationship with, the victim (Penal Code § 368.6(c)(10)). (c) Many victims of sexual assault and other sex crimes delay disclosing the crimes for reasons including but not limited to shame, embarrassment, self-doubt, fear of being disbelieved, and fear of retaliation by the perpetrator or others (Penal Code § 368.6(c) (11)). (d) Victims and witnesses with disabilities, including cognitive and communication disabilities, can be highly credible witnesses when interviewed appropriately by trained officers or other trained persons (Penal Code § 368.6(c)(14)). 326.4 QUALIFIED INVESTIGATORS Qualified investigators should be available to investigate cases of elder and dependent adult abuse. These investigators should: (a) Conduct interviews in appropriate interview facilities. (b) Be familiar with forensic interview techniques specific to elder and dependent adult abuse investigations. (c) Present all cases of alleged elder and dependent adult abuse to the prosecutor for review. (d) Coordinate with other enforcement agencies, social service agencies, and facility administrators as needed (Welfare and Institutions Code § 15650). (e) Provide referrals to therapy services, victim advocates, guardians, and support for the victim and family as appropriate (see the Victim and Witness Assistance Policy for additional guidance). 1. Ensure victims of sex crimes know their right to have a support person of their choice present at all times during an interview or contact (Penal Code § 368.6) (see the Sexual Assault Investigations Policy for additional guidance). Copyright Lexipol, LLC 2024/03/28, All Rights Reserved. Senior and Disability Victimization - 148 Published with permission by Benicia Police Department Benicia Police Department Benicia PD Policy Manual Benicia PD Policy Manual Senior and Disability Victimization 2. Referrals to the crime victim liaison as appropriate for victims requiring further assistance or information regarding benefits from crime victim resources. (f) Participate in or coordinate with multidisciplinary investigative teams as applicable (Welfare and Institutions Code § 15610.55). (g) Make reasonable efforts to determine whether any person committed unlawful interference in a mandated report. 326.5 MANDATORY NOTIFICATION Members of the Benicia Police Department shall notify the local office of the California Department of Social Services (CDSS) APS agency of known, suspected, or alleged instances of abuse when they reasonably suspect, have observed, or have knowledge of an incident that reasonably appears to be abuse of an elder or dependent adult, or are told by an elder or dependent adult that the person has experienced abuse (Welfare and Institutions Code § 15630(b)). Notification shall be made by telephone or through a confidential internet reporting tool as soon as practicable. If notification is made by telephone, a written report shall be sent or internet report shall be made through the confidential internet reporting tool within two working days, as provided in Welfare and Institutions Code § 15630(b). 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 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 the abuse is allegedly caused by a resident with dementia and there is no serious bodily injury, notification shall be made by a written report to the local ombudsman within 24 hours. 3. If there is any other abuse in a long-term care facility (not a state mental health or a state developmental center), a written report shall be made to the local ombudsman and corresponding state licensing agency within 24 hours. (b) The California Department of Public Health (DPH) shall be notified of all known or suspected abuse in a long-term care facility. (c) The CDSS shall be notified of all known or suspected abuse occurring in a residential care facility for the elderly or in an adult day program. (d) If the abuse occurred in an adult day health care center, DPH and the California Department of Aging shall be notified. (e) The Division of Medi-Cal Fraud and Elder Abuse shall be notified of all abuse that constitutes criminal activity in a long-term care facility. Copyright Lexipol, LLC 2024/03/28, All Rights Reserved. Senior and Disability Victimization - 149 Published with permission by Benicia Police Department Benicia Police Department Benicia PD Policy Manual Benicia PD Policy Manual Senior and Disability Victimization (f) The District Attorney's office shall be notified of all cases of physical abuse and financial abuse in a long-term care facility. (g) 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/Office], 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)). (h) If during an investigation it is determined that the elder or dependent adult abuse is being committed by a licensed health practitioner as identified in Welfare and Institutions Code § 15640(b), the appropriate licensing agency shall be immediately notified (Welfare and Institutions Code 15640(b)). (i) When the [Department/Office] 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 Investigation 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). Failure to report or impeding or inhibiting a report of abuse of an elder or dependent adult is a misdemeanor (Welfare and Institutions Code §15630(h)). 326.5.1 NOTIFICATION PROCEDURE Notification should include the following information, if known (Welfare and Institutions Code § 15630(e)): (a) The name of the person making the report. (b) The name and age of the elder or dependent adult. (c) The present location of the elder or dependent adult. (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. Copyright Lexipol, LLC 2024/03/28, All Rights Reserved. Senior and Disability Victimization - 150 Published with permission by Benicia Police Department Benicia Police Department Benicia PD Policy Manual Benicia PD Policy Manual Senior and Disability Victimization (g) Any other information, including information that led the person to suspect elder or dependent adult abuse. 326.6 PROTECTIVE CUSTODY Before taking an elder or dependent adult abuse victim into protective custody when facts indicate the adult may not be able to care for him/herself, the officer should make reasonable attempts to contact APS. Generally, removal of an adult abuse victim from his/her family, guardian, or other responsible adult should be left to the welfare authorities when they are present or have become involved in an investigation. Generally, members of this [department/office] should remove an elder or dependent adult abuse victim from his/her family or guardian without a court order only when no other effective alternative is reasonably available and immediate action reasonably appears necessary to protect the victim. Prior to taking an elder or dependent adult abuse victim into protective custody, the officer should take reasonable steps to deliver the adult to another qualified legal guardian, unless it reasonably appears that the release would endanger the victim or result in abduction. If this is not a reasonable option, the officer shall ensure that the adult is delivered to APS. Whenever practicable, the officer should inform a supervisor of the circumstances prior to taking an elder or dependent adult abuse victim into protective custody. If prior notification is not practicable, officers should contact a supervisor promptly after taking the adult into protective custody. When elder or dependent adult abuse victims are under state control, have a state-appointed guardian, or there are other legal holdings for guardianship, it may be necessary or reasonable to seek a court order on behalf of the adult victim to either remove the adult from a dangerous environment (protective custody) or restrain a person from contact with the adult. 326.6.1 EMERGENCY PROTECTIVE ORDERS In any situation which an officer reasonably believes that an elder or dependent adult is in immediate and present danger of abuse based on an allegation of a recent incident of abuse or threat of abuse (other than financial abuse alone), the officer may seek an emergency protective order against the person alleged to have committed or threatened such abuse (Family Code § 6250(d)). 326.6.2 VERIFICATION OF PROTECTIVE ORDER Whenever an officer verifies that a relevant protective order has been issued, the officer shall make reasonable efforts to determine if the order prohibits the person from possession of firearms or requires the relinquishment of firearms, and if the order does so, the officer shall make reasonable efforts to (Penal Code § 368.6(c)(19)): (a) Inquire whether the restrained person possesses firearms. The officer should make this effort by asking the restrained person and the protected person. (b) Query the California Law Enforcement Telecommunications System to determine if any firearms are registered to the restrained person. Copyright Lexipol, LLC 2024/03/28, All Rights Reserved. Senior and Disability Victimization - 151 Published with permission by Benicia Police Department Benicia Police Department Benicia PD Policy Manual Benicia PD Policy Manual Senior and Disability Victimization (c) Receive or seize prohibited firearms located in plain view or pursuant to a consensual or other lawful search in compliance with Penal Code § 18250 et seq. and in accordance with [department/office] procedures. 326.7 INTERVIEWS 326.7.1 PRELIMINARY INTERVIEWS Absent extenuating circumstances or impracticality, officers should audio record the preliminary interview with a suspected elder or dependent adult abuse victim. Officers should avoid multiple interviews with the victim and should attempt to gather only the information necessary to begin an investigation. When practicable, investigating officers should defer interviews until a person who is specially trained in such interviews is available. 326.7.2 DETAINING VICTIMS FOR INTERVIEWS An officer should not detain an adult involuntarily who is suspected of being a victim of abuse solely for the purpose of an interview or physical exam without his/her consent or the consent of a guardian unless one of the following applies: (a) Exigent circumstances exist, such as: 1. A reasonable belief that medical issues of the adult need to be addressed immediately. 2. A reasonable belief that the adult is or will be in danger of harm if the interview or physical exam is not immediately completed. 3. The alleged offender is a family member or guardian and there is reason to believe the adult may be in continued danger. (b) A court order or warrant has been issued. 326.7.3 INTERVIEWS WITH A PERSON WITH DEAFNESS OR HEARING LOSS An officer who is interviewing a victim or witness who reports or demonstrates deafness or hearing loss should secure the services of a qualified interpreter (as defined by Evidence Code § 754) prior to the start of the interview (Penal Code § 368.6) (see the Communications with Persons with Disabilities Policy for additional guidance). 326.8 MEDICAL EXAMINATIONS When an elder or dependent adult abuse investigation requires a medical examination, the investigating officer should obtain consent for such examination from the victim, guardian, agency, or entity having legal custody of the adult. The officer should also arrange for the adult’s transportation to the appropriate medical facility. 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. Copyright Lexipol, LLC 2024/03/28, All Rights Reserved. Senior and Disability Victimization - 152 Published with permission by Benicia Police Department Benicia Police Department Benicia PD Policy Manual Benicia PD Policy Manual Senior and Disability Victimization 326.9 DRUG-ENDANGERED VICTIMS A coordinated response by law enforcement and social services agencies is appropriate to meet the immediate and longer-term medical and safety needs of an elder or dependent adult abuse victim who has been exposed to the manufacturing, trafficking, or use of narcotics. 326.9.1 OFFICER RESPONSIBILITIES Officers responding to a drug lab or other narcotics crime scene where an elder or dependent adult abuse victim is present or where there is evidence that an elder or dependent adult abuse victim lives should: (a) Document the environmental, medical, social, and other conditions of the adult, using photography as appropriate and the checklist or form developed for this purpose. (b) Notify the Investigation Division supervisor so an interagency response can begin. 326.9.2 SUPERVISOR RESPONSIBILITIES The Investigation 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 elder or dependent adult abuse victims endangered by exposure to methamphetamine labs or the manufacture and trafficking of other drugs. (b) Activate any available interagency response when an officer notifies the Investigation Division supervisor that he/she has responded to a drug lab or other narcotics crime scene where an elder or dependent adult abuse victim is present or where evidence indicates that an elder or dependent adult abuse victim lives. (c) Develop a report format or checklist for use when officers respond to drug labs or other narcotics crime scenes. The checklist will help officers document the environmental, medical, social, and other conditions that may affect the adult. 326.10 TRAINING The [Department/Office] should provide training on best practices in elder and dependent adult abuse investigations to members tasked with investigating these cases. The training should include: (a) Participating in multidisciplinary investigations, as appropriate. (b) Conducting interviews. (c) Availability of therapy services for adults and families. (d) Availability of specialized forensic medical exams. (e) Cultural competence (including interpretive services) related to elder and dependent adult abuse investigations. (f) Availability of victim advocates or other support. Copyright Lexipol, LLC 2024/03/28, All Rights Reserved. Senior and Disability Victimization - 153 Published with permission by Benicia Police Department Benicia Police Department Benicia PD Policy Manual Benicia PD Policy Manual Senior and Disability Victimization 326.10.1 MANDATORY TRAINING The Training Sergeant shall ensure that appropriate personnel receive the required training, including: (a) Materials from POST as described in Penal Code § 368.6(c)(5)(A). (b) Advanced training on senior and disability victimization available from POST, the United States Department of Justice, the Disability and Abuse Project of the Spectrum Institute, or other sources as provided by Penal Code § 368.6(c)(16)(A). 1. Training should include the following: (a) Information on the wide prevalence of elder and dependent adult abuse, sexual assault, other sex crimes, hate crimes, domestic violence, human trafficking, and homicide against adults and children with disabilities, including disabilities caused by advanced age, and including those crimes often committed by caretakers (Penal Code § 368.6(c)(1)). (b) Information on the history of elder and dependent adult abuse and crimes against individuals with disabilities (see the POST Senior and Disability Victimization Policy Guidelines). The Training Sergeant shall also ensure that appropriate training is provided on this policy to dispatchers, community services officers, front desk personnel, and other civilian personnel who interact with the public (Penal Code § 368.6 (c)(7)). 326.11 RECORDS BUREAU RESPONSIBILITIES The Records Section is responsible for: (a) Providing a copy of the elder or dependent adult abuse report to the APS, ombudsman, or other agency as applicable within two working days or as required by law (Welfare and Institutions Code § 15630; Welfare and Institutions Code § 15640(c)). (b) Retaining the original elder or dependent adult abuse report with the initial case file. 326.12 JURISDICTION The Benicia Police Department has concurrent jurisdiction with state law enforcement agencies when investigating elder and dependent adult abuse and all other crimes against elder victims and victims with disabilities (Penal Code § 368.5). Adult protective services agencies and local long-term care ombudsman programs also have jurisdiction within their statutory authority to investigate elder and dependent adult abuse and criminal neglect and may assist in criminal investigations upon request, if consistent with federal law, in such cases. However, this [department/office] will retain responsibility for the criminal investigations (Penal Code § 368.5). Additional jurisdiction responsibilities for investigations of abuse involving various facilities and agencies may be found in Welfare and Institutions Code § 15650. 326.13 RELEVANT STATUTES Penal Code § 288 (a) and Penal Code § 288 (b)(2) Copyright Lexipol, LLC 2024/03/28, All Rights Reserved. Senior and Disability Victimization - 154 Published with permission by Benicia Police Department Benicia Police Department Benicia PD Policy Manual Benicia PD Policy Manual Senior and Disability Victimization (a) Except as provided in subdivision (i), a person who willfully and lewdly commits any lewd or lascivious act, including any of the acts constituting other crimes provided for in Part 1 (Of Crimes and Punishments of the Penal Code) upon or with the body, or any part or member thereof, of a child who is under the age of 14 years, with the intent of arousing, appealing to, or gratifying the lust, passions, or sexual desires of that person or the child, is guilty of a felony and shall be punished by imprisonment in the state prison for three, six, or eight years. (b)(2) A person who is a caretaker and commits an act described in subdivision (a) upon a dependent person by use of force, violence, duress, menace, or fear of immediate and unlawful bodily injury on the victim or another person, with the intent described in subdivision (a), is guilty of a felony and shall be punished by imprisonment in the state prison for 5, 8, or 10 years. Penal Code § 368 (c) A person who knows or reasonably should know that a person is an elder or dependent adult and who, under circumstances or conditions other than those likely to produce great bodily harm or death, willfully causes or permits any elder or dependent adult to suffer, or inflicts thereon unjustifiable physical pain or mental suffering, or having the care or custody of any elder or dependent adult, willfully causes or permits the person or health of the elder or dependent adult to be injured or willfully causes or permits the elder or dependent adult to be placed in a situation in which his or her person or health may be endangered, is guilty of a misdemeanor. Penal Code § 368 (f) A person who commits the false imprisonment of an elder or a dependent adult by the use of violence, menace, fraud, or deceit is punishable by imprisonment pursuant to subdivision (h) of Section 1170 for two, three, or four years. Protections provided by the above Penal Code § 288 and Penal Code § 368 protect many persons with disabilities regardless of the fact they live independently. 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: Copyright Lexipol, LLC 2024/03/28, All Rights Reserved. Senior and Disability Victimization - 155 Published with permission by Benicia Police Department Benicia Police Department Benicia PD Policy Manual Benicia PD Policy Manual Senior and Disability Victimization 1. Takes, secretes, appropriates, obtains, or retains real or personal property of an elder or dependent adult for a wrongful use or with intent to defraud, or both. 2. Assists in taking, secreting, appropriating, obtaining, or retaining real or personal property of an elder or dependent adult for a wrongful use or with intent to defraud, or both. 3. Takes, secretes, appropriates, obtains, or retains, or assists in taking, secreting, appropriating, obtaining, or retaining, real or personal property of an elder or dependent adult by undue influence, as defined in Section 15610.70. (b) A person or entity shall be deemed to have taken, secreted, appropriated, obtained, or retained property for a wrongful use if, among other things, the person or entity takes, secretes, appropriates, obtains, or retains the property and the person or entity knew or should have known that this conduct is likely to be harmful to the elder or dependent adult. (c) For purposes of this section, a person or entity takes, secretes, appropriates, obtains, or retains real or personal property when an elder or dependent adult is deprived of any property right, including by means of an agreement, donative transfer, or testamentary bequest, regardless of whether the property is held directly or by a representative of an elder or dependent adult. (d) For purposes of this section, "representative" means a person or entity that is either of the following: 1. A conservator, trustee, or other representative of the estate of an elder or dependent adult. 2. An attorney-in-fact of an elder or dependent adult who acts within the authority of the power of attorney. Welfare and Institutions Code § 15610.43 (a) "Isolation" means any of the following: 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 Copyright Lexipol, LLC 2024/03/28, All Rights Reserved. Senior and Disability Victimization - 156 Published with permission by Benicia Police Department Benicia Police Department Benicia PD Policy Manual Benicia PD Policy Manual Senior and Disability Victimization 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. A person shall not be deemed neglected or abused for the sole reason that the person voluntarily relies on treatment by spiritual means through prayer alone in lieu of medical treatment. 3. Failure to protect from health and safety hazards. 4. Failure to prevent malnutrition or dehydration. 5. Substantial inability or failure of an elder or dependent adult to manage personal finances. 6. Failure of an elder or dependent adult to satisfy any of the needs specified in paragraphs (1) to (5), inclusive, for themselves as a result of poor cognitive functioning, mental limitation, substance abuse, or chronic poor health. (c) Neglect includes being homeless if the elder or dependent adult is also unable to meet any of the needs specified in paragraphs (1) to (5), inclusive, of subdivision (b). Welfare and Institutions Code § 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: Copyright Lexipol, LLC 2024/03/28, All Rights Reserved. Senior and Disability Victimization - 157 Published with permission by Benicia Police Department Benicia Police Department Benicia PD Policy Manual Benicia PD Policy Manual Senior and Disability Victimization 1. Sexual battery, as defined in Section 243.4 of the Penal Code. 2. Rape, as defined in Section 261 of the Penal Code, or former Section 262 of the Penal Code. 3. Rape in concert, as described in Section 264.1 of the Penal Code. 4. Incest, as defined in Section 285 of the Penal Code. 5. Sodomy, as defined in Section 286 of the Penal Code. 6. Oral copulation, as defined in Section 287 or former Section 288a of the Penal Code. 7. Sexual penetration, as defined in Section 289 of the Penal Code. 8. 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. 326.14 CHIEF OF POLICE RESPONSIBILITIES The Chief of Police or the authorized designee responsibilities include but are not limited to (Penal Code § 368.6): (a) Taking leadership within the [Department/Office] and in the community, including by speaking out publicly in major cases of senior and disability victimization, to assure the community of [department/office] support for the victims and their families and for others in the community who are terrorized and traumatized by the crimes, and to encourage victims and witnesses to the crimes or similar past or future crimes to report those crimes to help bring the perpetrators to justice and prevent further crimes. (b) Developing and including [department/office] protocols in this policy, including but not limited to the following: 1. Protocols for seeking emergency protective orders by phone from a court at any time of day or night pursuant to Family Code § 6250(d). 2. Protocols for arrest warrants and arrests for senior and disability victimization for matters other than domestic violence and consistent with the requirements of Penal Code § 368.6(c)(9)(B) that include the following: (a) In the case of a senior and disability victimization committed in an officer's presence, including but not limited to a violation of a relevant protective Copyright Lexipol, LLC 2024/03/28, All Rights Reserved. Senior and Disability Victimization - 158 Published with permission by Benicia Police Department Benicia Police Department Benicia PD Policy Manual Benicia PD Policy Manual Senior and Disability Victimization order, the officer shall make a warrantless arrest based on probable cause when necessary or advisable to protect the safety of the victim or others. (b) In the case of a felony not committed in an officer's presence, the officer shall make a warrantless arrest based on probable cause when necessary or advisable to protect the safety of the victim or others. (c) In the case of a misdemeanor not committed in the officer's presence, including but not limited to misdemeanor unlawful interference with a mandated report or a misdemeanor violation of a relevant protective order, or when necessary or advisable to protect the safety of the victim or others, the agency shall seek an arrest warrant based on probable cause. (d) Protocol for seeking arrest warrants based on probable cause for crimes for which no arrest has been made. 3. Procedures for first responding officers to follow when interviewing persons with cognitive and communication disabilities until officers, or staff of other responsible agencies with more advanced training, are available. The procedure shall include an instruction to avoid repeated interviews whenever possible. (c) For each [department/office] protocol, include either a specific title-by-title list of officer responsibilities or a specific office or unit in the [Department/Office] responsible for implementing the protocol. (d) Ensuring an appendix is created and attached to this policy that describes requirements for elder and dependent adult abuse investigations consistent with Penal Code § 368.6(c)(8)(B). (e) Ensuring a detailed checklist is created and attached to this policy regarding first responding responsibilities that includes but is not limited to the requirements of Penal Code § 368.6(c)(23). (f) Ensuring that all members carry out their responsibilities under this policy. (g) Verifying a process is in place for transmitting and periodically retransmitting this policy and related orders to officers, including a simple and immediate way for officers to access the policy in the field when needed. (h) Ensuring this policy is available to the Protection and Advocacy Agency upon request. 326.15 ELDER AND DEPENDENT ADULT ABUSE LIAISON A [department/office] member appointed by the Chief of Police or the authorized designee will serve as the Elder and Dependent Adult Abuse Liaison. Responsibilities of the liaison include but are not limited to (Penal Code § 368.6): (a) Acting as a liaison to other responsible agencies (defined by Penal Code § 368.6(b) (15)) to increase cooperation and collaboration among them while retaining the law enforcement agency’s exclusive responsibility for criminal investigations (Welfare and Institutions Code § 15650). (b) Reaching out to the senior and disability communities and to the public to encourage prevention and reporting of senior and disability victimization. Copyright Lexipol, LLC 2024/03/28, All Rights Reserved. Senior and Disability Victimization - 159 Published with permission by Benicia Police Department Policy Benicia Police Department 328 Benicia PD Policy Manual Discriminatory Harassment 328.1 PURPOSE AND SCOPE The purpose of this policy is to prevent department members 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. 328.2 POLICY The Benicia 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 (Government Code § 12940(k); 2 CCR 11023). The [Department/Office] will not tolerate discrimination against a member in hiring, promotion, discharge, compensation, fringe benefits and other privileges of employment. The [Department/ Office] 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/Office] 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. 328.3 DEFINITIONS Definitions related to this policy include: 328.3.1 DISCRIMINATION The [Department/Office] 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. 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/office] equipment and/or systems to transmit or receive offensive material, statements, or pictures. Such conduct is contrary to [department/office] policy and to a work environment that is free of discrimination. Copyright Lexipol, LLC 2024/03/28, All Rights Reserved. Discriminatory Harassment - 160 Published with permission by Benicia Police Department Benicia Police Department Benicia PD Policy Manual Benicia PD Policy Manual Discriminatory Harassment 328.3.2 SEXUAL HARASSMENT The [Department/Office] prohibits all forms of discrimination and discriminatory harassment, including sexual harassment. It is unlawful to harass an applicant or a member 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 member. (c) Such conduct has the purpose or effect of substantially interfering with a member's work performance or creating an intimidating, hostile, or offensive work environment. 328.3.3 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 Civil Rights Council guidelines. (b) Bona fide requests or demands by a supervisor that the member improve the member's work quality or output, that the member report to the job site on time, that the member comply with City or [department/office] rules or regulations, or any other appropriate work-related communication between supervisor and member. 328.3.4 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. 328.4 RESPONSIBILITIES This policy applies to all [department/office] personnel. All members shall follow the intent of these guidelines in a manner that reflects [department/office] policy, professional standards, and the best interest of the [Department/Office] and its mission. Members are encouraged to promptly report any discriminatory, retaliatory, or harassing conduct or known violations of this policy to a supervisor. Any member who is not comfortable with reporting violations of this policy to the member's 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 Human Resources Director, or the City Manager. Any member who believes, in good faith, that the member has been discriminated against, harassed, or subjected to retaliation, or who has observed harassment, discrimination, or Copyright Lexipol, LLC 2024/03/28, All Rights Reserved. Discriminatory Harassment - 161 Published with permission by Benicia Police Department Benicia Police Department Benicia PD Policy Manual Benicia PD Policy Manual Discriminatory Harassment 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. 328.4.1 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 members 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. (e) Making a timely determination regarding the substance of any allegation based upon all available facts. (f) Notifying the Chief of Police or the Human Resources Director in writing of the circumstances surrounding any reported allegations or observed acts of discrimination, harassment, or retaliation no later than the next business day. 328.4.2 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/Office] and professional standards. (b) False or mistaken accusations of discrimination, harassment, or retaliation can have negative effects on the careers of innocent members. 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 members, or issuing discipline, in a manner that is consistent with established procedures. 328.4.3 QUESTIONS OR CLARIFICATION Members with questions regarding what constitutes discrimination, sexual harassment, or retaliation are encouraged to contact a supervisor, a manager, the Chief of Police, the Human Resources Director, the City Manager, or the California Civil Rights Department for further information, direction, or clarification (Government Code § 12950). 328.5 INVESTIGATION OF COMPLAINTS Various methods of resolution exist. During the pendency of any such investigation, the supervisor of the involved member should take prompt and reasonable steps to mitigate or eliminate any Copyright Lexipol, LLC 2024/03/28, All Rights Reserved. Discriminatory Harassment - 162 Published with permission by Benicia Police Department Benicia Police Department Benicia PD Policy Manual Benicia PD Policy Manual Discriminatory Harassment continuing abusive or hostile work environment. It is the policy of the [Department/Office] that all complaints of discrimination, retaliation, or harassment shall be fully documented and promptly and thoroughly investigated. 328.5.1 SUPERVISOR RESOLUTION Members who believe they are experiencing discrimination, harassment, or retaliation should be encouraged to inform the individual that the behavior is unwelcome, offensive, unprofessional, or inappropriate. However, if the member feels uncomfortable or threatened or has difficulty expressing the member's 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. 328.5.2 FORMAL INVESTIGATION If the complaint cannot be satisfactorily resolved through the supervisory resolution process, 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 members involved. No influence will be used to suppress any complaint and no member will be subject to retaliation or reprisal for filing a complaint, encouraging others to file a complaint, or for offering testimony or evidence in an 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. Members 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, the Human Resources Director, or the City Manager. 328.5.3 ALTERNATIVE COMPLAINT PROCESS No provision of this policy shall be construed to prevent any member from seeking legal redress outside the [Department/Office]. Members 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. Members are advised that proceeding with complaints under the provisions of this policy does not in any way affect those filing requirements. 328.6 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: (a) Approved by the Chief of Police, the City Manager, or the Human Resources Director, depending on the ranks of the involved parties. Copyright Lexipol, LLC 2024/03/28, All Rights Reserved. Discriminatory Harassment - 163 Published with permission by Benicia Police Department Benicia Police Department Benicia PD Policy Manual Benicia PD Policy Manual Discriminatory Harassment (b) Maintained in accordance with the [department/office]'s established records retention schedule. 328.6.1 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. 328.7 TRAINING All new members shall be provided with a copy of this policy as part of their orientation. The policy shall be reviewed with each new member. The member shall certify by signing the prescribed form that the member has been advised of this policy, is aware of and understands its contents, and agrees to abide by its provisions during the member's term with the [Department/Office]. All members 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. 328.7.1 STATE-REQUIRED TRAINING The Training 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 the Civil Rights Department online training courses, the Training Sergeant should ensure that employees are provided the following website address to the training course: https://calcivilrights.ca.gov (Government Code § 12950; 2 CCR 11023). 328.7.2 TRAINING RECORDS The Training Manager shall be responsible for maintaining records of all discriminatory harassment training provided to members. Records shall be retained in accordance with established records retention schedules and for a minimum of two years (2 CCR 11024). 328.8 WORKING CONDITIONS The Services Lieutenant 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 (2 CCR 11034). Copyright Lexipol, LLC 2024/03/28, All Rights Reserved. Discriminatory Harassment - 164 Published with permission by Benicia Police Department Benicia Police Department Benicia PD Policy Manual Benicia PD Policy Manual Discriminatory Harassment 328.9 REQUIRED POSTERS The department shall display the required posters regarding discrimination, harassment and transgender rights in a prominent and accessible location for members (Government Code § 12950). Copyright Lexipol, LLC 2024/03/28, All Rights Reserved. Discriminatory Harassment - 165 Published with permission by Benicia Police Department Policy Benicia Police Department 330 Benicia PD Policy Manual Child Abuse 330.1 PURPOSE AND SCOPE The purpose of this policy is to provide guidelines for the investigation of suspected child abuse. This policy also addresses when Benicia Police Department members are required to notify the county Child Protective Services (CPS) of suspected child abuse. 330.1.1 DEFINITIONS Definitions related to this policy include: Child - Unless otherwise specified by a cited statute, a child is any person under the age of 18 years. Child abuse - Any offense or attempted offense involving violence or neglect with a child victim when committed by a person responsible for the child’s care or any other act that would mandate notification to a social service agency or law enforcement (Penal Code § 11165.9; Penal Code § 11166). 330.2 POLICY The Benicia Police Department will investigate all reported incidents of alleged criminal child abuse and ensure CPS is notified as required by law. 330.3 MANDATORY NOTIFICATION The child protection agency shall be notified when (Penal Code § 11166): (a) There is a known or suspected instance of child abuse or neglect reported, which is alleged to have occurred as a result of the action of a person responsible for the child's welfare, or (b) A person responsible for the child's welfare fails to adequately protect the child from abuse when the person knew or reasonably should have known that the child was in danger of abuse. The District Attorney’s office shall be notified in all instances of known or suspected child abuse or neglect reported to this [department/office]. Notification of the District Attorney is not required for 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 (Penal Code § 11166). When the abuse or neglect occurs at a licensed facility or is alleged to have resulted from the actions of a person who is required to have a state license (e.g., foster homes, group homes, day care), notification shall also be made to the California Department of Social Services or other applicable licensing authority. When the alleged abuse or neglect involves a child of a minor parent or a dependent adult, notification shall also be made to the attorney of the minor or the dependent adult within 36 hours (Penal Code 11166.1; Penal Code 11166.2). Copyright Lexipol, LLC 2024/03/28, All Rights Reserved. Child Abuse - 166 Published with permission by Benicia Police Department Benicia Police Department Benicia PD Policy Manual Benicia PD Policy Manual Child Abuse For purposes of notification, the abuse or neglect includes physical injury or death inflicted by other than accidental means upon a child by another person; sexual abuse (Penal Code § 11165.1); neglect (Penal Code § 11165.2); the willful harming or injuring of a child or the endangering of the person or health of a child (Penal Code § 11165.3); and unlawful corporal punishment or injury (Penal Code § 11165.4). Child abuse or neglect does not include a mutual affray between minors, nor does it include an injury caused by the reasonable and necessary force used by a peace officer acting within the course and scope of the peace officer's employment as a peace officer. 330.3.1 NOTIFICATION PROCEDURE Notification should occur as follows (Penal Code § 11166): (a) Notification shall be made immediately, or as soon as practicable, by telephone, fax or electronic transmission. (b) A written follow-up report should be forwarded within 36 hours of receiving the information concerning the incident. 330.4 QUALIFIED INVESTIGATORS Qualified investigators should be available for child abuse investigations. These investigators should: (a) Conduct interviews in child appropriate interview facilities. (b) Be familiar with forensic interview techniques specific to child abuse investigations. (c) Present all cases of alleged child abuse to the prosecutor for review. (d) Coordinate with other enforcement agencies, social service agencies and school administrators as needed. (e) Provide referrals to therapy services, victim advocates, guardians and support for the child and family as appropriate. (f) Participate in or coordinate with multidisciplinary investigative teams as applicable (Welfare and Institutions Code § 18961.7). 330.5 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. Copyright Lexipol, LLC 2024/03/28, All Rights Reserved. Child Abuse - 167 Published with permission by Benicia Police Department Benicia Police Department Benicia PD Policy Manual Benicia PD Policy Manual Child Abuse (c) Any relevant statements the child may have made and to whom he/she made the statements. (d) If a child was taken into protective custody, the reasons, the name and title of the person making the decision, and why other alternatives were not appropriate. (e) Documentation of any visible injuries or any injuries identified by the child. This should include photographs of such injuries, if practicable. (f) Whether the child victim was transported for medical treatment or a medical examination. (g) Whether the victim identified a household member as the alleged perpetrator, and a list of the names of any other children who may reside in the residence. (h) Identification of any prior related reports or allegations of child abuse, including other jurisdictions, as reasonably known. (i) Previous addresses of the victim and suspect. (j) Other potential witnesses who have not yet been interviewed, such as relatives or others close to the victim’s environment. All cases of the unexplained death of a child should be investigated as thoroughly as if it had been a case of suspected child abuse (e.g., a sudden or unexplained death of an infant). 330.5.1 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/office] members shall ensure that the caller is immediately transferred to the agency with proper jurisdiction for the investigation of the case. If the caller cannot be successfully transferred to the appropriate agency, a report shall be taken and immediately referred by telephone, fax, or electronic transfer to the agency with proper jurisdiction (Penal Code § 11165.9). 330.5.2 INITIAL REPORTS OF ABUSE FROM A NONMANDATED REPORTER Members who receive a report of child abuse or neglect shall request the following information from the reporter (Penal Code § 11167): (a) Name and telephone number (b) Information and the source of information that gives rise to the knowledge or reasonable suspicion of child abuse or neglect If the reporter refuses to provide their name and telephone number, the member should make a reasonable effort to determine the basis for the refusal and inform them that their information will remain confidential. Copyright Lexipol, LLC 2024/03/28, All Rights Reserved. Child Abuse - 168 Published with permission by Benicia Police Department Benicia Police Department Benicia PD Policy Manual Benicia PD Policy Manual Child Abuse 330.6 PROTECTIVE CUSTODY Before taking any child into protective custody, the officer should make reasonable attempts to contact CPS. Generally, removal of a child from the child's family, guardian, or other responsible adult should be left to the child welfare authorities when they are present or have become involved in an investigation. Generally, members of this [department/office] should remove a child from the child's 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. Whenever practicable, the officer should inform a supervisor of the circumstances prior to taking a child into protective custody. If prior notification is not practicable, officers should contact a supervisor promptly after taking a child into protective custody. Children may only be removed from a parent or guardian in the following situations when a court order cannot reasonably be obtained in a timely manner (Welfare and Institutions Code § 305): (a) The officer reasonably believes the child is a person described in Welfare and Institutions Code § 300, and further has good cause to believe that any of the following conditions exist: 1. The child has an immediate need for medical care. 2. The child is in immediate danger of physical or sexual abuse. 3. The physical environment or the fact that the child is left unattended poses an immediate threat to the child's health or safety. In the case of a child left unattended, the officer shall first attempt to locate and determine if a responsible parent or guardian is available and capable of assuming custody before taking the child into protective custody. (b) The officer reasonably believes the child requires protective custody under the provisions of Penal Code § 279.6, in one of the following circumstances: 1. It reasonably appears to the officer that a person is likely to conceal the child, flee the jurisdiction with the child or, by flight or concealment, evade the authority of the court. 2. There is no lawful custodian available to take custody of the child. 3. There are conflicting custody orders or conflicting claims to custody and the parties cannot agree which party should take custody of the child. 4. The child is an abducted child. (c) The child is in the company of, or under the control of, a person arrested for Penal Code § 278 (Detainment or concealment of child from legal custodian) or Penal Code § 278.5 (Deprivation of custody of a child or right to visitation) (Penal Code § 279.6). Copyright Lexipol, LLC 2024/03/28, All Rights Reserved. Child Abuse - 169 Published with permission by Benicia Police Department Benicia Police Department Benicia PD Policy Manual Benicia PD Policy Manual Child Abuse A child taken into protective custody shall be delivered to CPS unless otherwise directed by court order. 330.6.1 CALIFORNIA SAFELY SURRENDERED BABY LAW An individual having lawful custody of an infant less than 72 hours old is not guilty of abandonment if the individual voluntarily surrenders physical custody of the infant to personnel on-duty at a safe- surrender site, such as a hospital or fire department (Penal Code § 271.5). The law requires the surrender site to notify CPS. 330.6.2 NEWBORNS TESTING POSITIVE FOR DRUGS Under certain circumstances, officers can be prohibited from taking a newborn who is the subject of a proposed adoption into protective custody, even when the newborn has tested positive for illegal drugs or the birth mother tested positive for illegal drugs. Officers shall instead follow the provisions of Welfare and Institutions Code § 305.6 to ensure that the newborn is placed with the adoptive parents when it is appropriate. 330.7 INTERVIEWS 330.7.1 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. 330.7.2 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. Copyright Lexipol, LLC 2024/03/28, All Rights Reserved. Child Abuse - 170 Published with permission by Benicia Police Department Benicia Police Department Benicia PD Policy Manual Benicia PD Policy Manual Child Abuse 330.7.3 INTERVIEWS AT A SCHOOL Any student at school who is a suspected victim of child abuse shall be afforded the option of being interviewed in private or selecting any qualified available adult member of the school staff to be present. The purpose of the staff member’s presence is to provide comfort and support. The staff member shall not participate in the interview. The selection of a staff member should be such that it does not burden the school with costs or hardship (Penal Code § 11174.3). 330.8 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. 330.9 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. 330.9.1 SUPERVISOR RESPONSIBILITIES The Investigation 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 Investigation 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. (c) Develop a report format or checklist for use when officers respond to drug labs or other narcotics crime scenes. The checklist will help officers document the environmental, medical, social and other conditions that may affect the child. 330.9.2 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: Copyright Lexipol, LLC 2024/03/28, All Rights Reserved. Child Abuse - 171 Published with permission by Benicia Police Department Benicia Police Department Benicia PD Policy Manual Benicia PD Policy Manual Child Abuse (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 Investigation Division supervisor so an interagency response can begin. 330.10 STATE MANDATES AND OTHER RELEVANT LAWS California requires or permits the following: 330.10.1 RELEASE OF REPORTS Information related to incidents of child abuse or suspected child abuse shall be confidential and may only be disclosed pursuant to state law and the Records Maintenance and Release Policy (Penal Code § 841.5; Penal Code § 11167.5). 330.10.2 REQUESTS FOR REMOVAL FROM THE CHILD ABUSECENTRAL INDEX (CACI) Any person whose name has been forwarded to the California Department of Justice (DOJ) for placement in California’s CACI, as a result of an investigation, may request that his/her name be removed from the CACI list. Requests shall not qualify for consideration if there is an active case, ongoing investigation or pending prosecution that precipitated the entry to CACI (Penal Code § 11169). All requests for removal shall be submitted in writing by the requesting person and promptly routed to the CACI hearing officer. 330.10.3 CACI HEARING OFFICER The Investigation 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. 330.10.4 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 Copyright Lexipol, LLC 2024/03/28, All Rights Reserved. Child Abuse - 172 Published with permission by Benicia Police Department Benicia Police Department Benicia PD Policy Manual Benicia PD Policy Manual Child Abuse After considering all information presented, the hearing officer shall make a determination as to whether the requesting party’s name should be removed from the CACI list. Such determination shall be based on a finding that the allegations in the investigation are not substantiated (Penal Code § 11169). If, after considering the evidence, the hearing officer finds that the allegations are not substantiated, he/she shall cause a request to be completed and forwarded to the DOJ that the 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. 330.10.5 CHILD DEATH REVIEW TEAM This [department/office] should cooperate with any interagency child death review team investigation. Written and oral information relating to the death of a child that would otherwise be subject to release restrictions may be disclosed to the child death review team upon written request and approval of a supervisor (Penal Code § 11174.32). 330.11 TRAINING The [Department/Office] should provide training on best practices in child abuse investigations to members tasked with investigating these cases. The training should include: (a) Participating in multidisciplinary investigations, as appropriate. (b) Conducting forensic interviews. (c) Availability of therapy services for children and families. (d) Availability of specialized forensic medical exams. (e) Cultural competence (including interpretive services) related to child abuse investigations. (f) Availability of victim advocate or guardian ad litem support. Copyright Lexipol, LLC 2024/03/28, All Rights Reserved. Child Abuse - 173 Published with permission by Benicia Police Department Policy Benicia Police Department 332 Benicia PD Policy Manual Missing Persons 332.1 PURPOSE AND SCOPE This policy provides guidance for handling missing person investigations. 332.1.1 DEFINITIONS At risk - Includes, but is not limited to (Penal Code § 14215): • A victim of a crime or foul play. • A person missing and in need of medical attention. • A missing person with no pattern of running away or disappearing. • A missing person who may be the victim of parental abduction. • A mentally impaired missing person, including cognitively impaired or developmentally disabled. Missing person - Any person who is reported missing to law enforcement when the person’s location is unknown. This includes a child who has been taken, detained, concealed, enticed away or kept by a parent in violation of the law (Penal Code § 277 et seq.). It also includes any child who is missing voluntarily, involuntarily or under circumstances that do not conform to his/her ordinary habits or behavior, and who may be in need of assistance (Penal Code § 14215). Missing person networks - Databases or computer networks available to law enforcement and that are suitable for information related to missing persons investigations. These include the National Crime Information Center (NCIC), the California Law Enforcement Telecommunications System (CLETS), Missing Person System (MPS) and the Unidentified Persons System (UPS). 332.2 POLICY The Benicia 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 Benicia Police Department gives missing person cases priority over property- related cases and will not require any time frame to pass before beginning a missing person investigation (Penal Code § 14211). 332.3 REQUIRED FORMS AND BIOLOGICAL SAMPLE COLLECTION KITS The Investigation supervisor should ensure the forms and kits are developed and available in accordance with this policy, state law, federal law and the California Peace Officer Standards and Training (POST) Missing Persons Investigations guidelines, including: • [Department/Office] report form for use in missing person cases • Missing person investigation checklist that provides investigation guidelines and resources that could be helpful in the early hours of a missing person investigation (Penal Code § 13519.07) • Missing person school notification form Copyright Lexipol, LLC 2024/03/28, All Rights Reserved. Missing Persons - 174 Published with permission by Benicia Police Department Benicia Police Department Benicia PD Policy Manual Benicia PD Policy Manual Missing Persons • Medical records release form from the California Department of Justice • California DOJ missing person forms as appropriate • Biological sample collection kits 332.4 ACCEPTANCE OF REPORTS Any member encountering a person who wishes to report a missing person or runaway shall render assistance without delay (Penal Code § 14211). This can be accomplished by accepting the report via telephone or in-person and initiating the investigation. Those members who do not take such reports or who are unable to render immediate assistance shall promptly dispatch or alert a member who can take the report. A report shall be accepted in all cases and regardless of where the person was last seen, where the person resides or any other question of jurisdiction (Penal Code § 14211). 332.5 INITIAL INVESTIGATION Officers or other members conducting the initial investigation of a missing person should take the following investigative actions, as applicable: (a) Respond to a dispatched call for service as soon as practicable. (b) Interview the reporting party and any witnesses to determine whether the person qualifies as a missing person and, if so, whether the person may be at risk. (c) Notify a supervisor immediately if there is evidence that a missing person is either at risk or may qualify for a public alert, or both (see the Public Alerts Policy). (d) Broadcast a "Be on the Look-Out" (BOLO) bulletin if the person is under 21 years of age or there is evidence that the missing person is at risk. The BOLO should be broadcast as soon as practicable but in no event more than one hour after determining the missing person is under 21 years of age or may be at risk (Penal Code § 14211). (e) Ensure that entries are made into the appropriate missing person networks as follows: 1. Immediately, when the missing person is at risk. 2. In all other cases, as soon as practicable, but not later than two hours from the time of the initial report. (f) Complete the appropriate report forms accurately and completely and initiate a search as applicable under the facts. (g) Collect and/or review: 1. A photograph and a fingerprint card of the missing person, if available. 2. A voluntarily provided biological sample of the missing person, if available (e.g., toothbrush, hairbrush). Copyright Lexipol, LLC 2024/03/28, All Rights Reserved. Missing Persons - 175 Published with permission by Benicia Police Department Benicia Police Department Benicia PD Policy Manual Benicia PD Policy Manual Missing Persons 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. 332.6 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. 332.6.1 SUPERVISOR RESPONSIBILITIES The responsibilities of the supervisor shall include, but are not limited to: (a) Reviewing and approving missing person reports upon receipt. 1. The reports should be promptly sent to the Records Section. (b) Ensuring resources are deployed as appropriate. (c) Initiating a command post as needed. (d) Ensuring applicable notifications and public alerts are made and documented. (e) Ensuring that records have been entered into the appropriate missing persons networks. (f) Taking reasonable steps to identify and address any jurisdictional issues to ensure cooperation among agencies. If the case falls within the jurisdiction of another agency, the supervisor should facilitate transfer of the case to the agency of jurisdiction. 332.6.2 RECORDS SECTION RESPONSIBILITIES The receiving member shall: (a) As soon as reasonable under the circumstances, notify and forward a copy of the report to the law enforcement agency having jurisdiction over the missing person’s residence in cases where the missing person is a resident of another jurisdiction (Penal Code § 14211). (b) Notify and forward a copy of the report to the law enforcement agency in whose jurisdiction the missing person was last seen (Penal Code § 14211). Copyright Lexipol, LLC 2024/03/28, All Rights Reserved. Missing Persons - 176 Published with permission by Benicia Police Department Benicia Police Department Benicia PD Policy Manual Benicia PD Policy Manual Missing Persons (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 Investigation 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 (34 USC § 41308). 332.7 INVESTIGATION 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 (Education Code § 49068.6). 2. The investigator should meet with school officials regarding the notice as appropriate to stress the importance of including the notice in the child’s student file, along with contact information if the school receives a call requesting the transfer of the missing child’s files to another school. (b) Should recontact the reporting person and/or other witnesses within 30 days of the initial report and within 30 days thereafter to determine if any additional information has become available via the reporting party. (c) Should consider contacting other agencies involved in the case to determine if any additional information is available. (d) Shall verify and update CLETS, NCIC, and any other applicable missing person networks within 30 days of the original entry into the networks and every 30 days thereafter until the missing person is located (34 USC § 41308). (e) Should continue to make reasonable efforts to locate the missing person and document these efforts at least every 30 days. (f) Shall maintain a close liaison with state and local child welfare systems and the National Center for Missing and Exploited Children® (NCMEC) if the missing person is under the age of 21 and shall promptly notify NCMEC when the person is missing from a foster care family home or childcare institution (34 USC § 41308). (g) Should make appropriate inquiry with the [Medical Examiner/JOP]. (h) Should obtain and forward medical and dental records, photos, X-rays, and biological samples pursuant to Penal Code § 14212 and Penal Code § 14250. (i) Shall attempt to obtain the most recent photograph for persons under 18 years of age if it has not previously been obtained and forward the photograph to California DOJ (Penal Code § 14210) and enter the photograph into applicable missing person networks (34 USC § 41308). (j) Should consider making appropriate entries and searches in the National Missing and Unidentified Persons System (NamUs). Copyright Lexipol, LLC 2024/03/28, All Rights Reserved. Missing Persons - 177 Published with permission by Benicia Police Department Benicia Police Department Benicia PD Policy Manual Benicia PD Policy Manual Missing Persons (k) In the case of an at-risk missing person or a person who has been missing for an extended time, should consult with a supervisor regarding seeking federal assistance from the FBI and the U.S. Marshals Service (28 USC § 566). 332.8 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 Services Division Lieutenant shall ensure that, upon receipt of information that a missing person has been located, the following occurs (Penal Code § 14213): (a) Notification is made to California DOJ. (b) The missing person’s school is notified. (c) Entries are made in the applicable missing person networks. (d) Immediately notify the Attorney General’s Office. (e) Notification shall be made to any other law enforcement agency that took the initial report or participated in the investigation within 24 hours. 332.8.1 UNIDENTIFIED PERSONS [Department/Office] members investigating a case of an unidentified person who is deceased or a living person who cannot assist in identifying him/herself should: (a) Obtain a complete description of the person. (b) Enter the unidentified person’s description into the NCIC Unidentified Person File. (c) Use available resources, such as those related to missing persons, to identify the person. 332.9 CASE CLOSURE The Investigation 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 Benicia or this [department/office] 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. (c) If this [department/office] 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. Copyright Lexipol, LLC 2024/03/28, All Rights Reserved. Missing Persons - 178 Published with permission by Benicia Police Department Benicia Police Department Benicia PD Policy Manual Benicia PD Policy Manual Missing Persons (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. 332.10 TRAINING Subject to available resources, the Training Sergeant should ensure that members of this [department/office] 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/office] 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. Copyright Lexipol, LLC 2024/03/28, All Rights Reserved. Missing Persons - 179 Published with permission by Benicia Police Department Policy Benicia Police Department 334 Benicia PD Policy Manual Public Alerts 334.1 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. 334.2 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. 334.3 RESPONSIBILITIES 334.3.1 MEMBER RESPONSIBILITIES Members of the Benicia Police Department should notify their supervisor, Supervisor, or Investigation 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. 334.3.2 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 334.4 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. 334.4.1 CRITERIA FOR AMBER ALERT The following conditions must be met before activating an AMBER Alert (Government Code § 8594(a)): Copyright Lexipol, LLC 2024/03/28, All Rights Reserved. Public Alerts - 180 Published with permission by Benicia Police Department Benicia Police Department Benicia PD Policy Manual Benicia PD Policy Manual Public Alerts (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. 334.4.2 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 (Government Code § 8594). (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) 334.5 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. Copyright Lexipol, LLC 2024/03/28, All Rights Reserved. Public Alerts - 181 Published with permission by Benicia Police Department Benicia Police Department Benicia PD Policy Manual Benicia PD Policy Manual Public Alerts 334.5.1 CRITERIA FOR BLUE ALERTS All of the following conditions must be met before activating a Blue Alert (Government Code § 8594.5): (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. 334.5.2 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 334.6 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 (Government Code § 8594.10). Copyright Lexipol, LLC 2024/03/28, All Rights Reserved. Public Alerts - 182 Published with permission by Benicia Police Department Benicia Police Department Benicia PD Policy Manual Benicia PD Policy Manual Public Alerts 334.6.1 CRITERIA FOR SILVER ALERTS All of the following conditions must be met before activating a Silver Alert (Government Code § 8594.10): (a) The missing person is 65 years of age or older, developmentally disabled or cognitively impaired. (b) The [department/office] 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. 334.6.2 PROCEDURE FOR SILVER ALERT Requests for a Silver Alert shall be made through the California Highway Patrol (Government Code § 8594.10). 334.7 YELLOW ALERTS Yellow Alerts are notifications related to hit-and-run incidents resulting in the death or injury (Vehicle Code § 20001; Government Code § 8594.15). 334.7.1 CRITERIA FOR YELLOW ALERTS All of the following conditions must be met before requesting the activation of a Yellow Alert (Government Code § 8594.15): (a) A person has been killed or has suffered serious bodily injury due to a hit-and-run. (b) It is likely the suspect may be seen on a state highway. (c) There is additional information concerning the suspect’s vehicle, including, but not limited to any of the following: 1. The suspect or the suspect’s vehicle can be particularly described (e.g., a complete or partial license plate number) 2. Unique vehicle characteristics (e.g., make, model and color of suspect’s vehicle) 3. The identity of the suspect (d) Public assistance can mitigate danger to the public or quicken the apprehension of the suspect. Copyright Lexipol, LLC 2024/03/28, All Rights Reserved. Public Alerts - 183 Published with permission by Benicia Police Department Benicia Police Department Benicia PD Policy Manual Benicia PD Policy Manual Public Alerts 334.7.2 PROCEDURE FOR YELLOW ALERT Requests for a Yellow Alert shall be made through the California Highway Patrol (Government Code § 8594.15). 334.8 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). 334.8.1 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. 334.8.2 PROCEDURE Public safety emergency alerts should be activated by following the guidelines issued by the Office of Emergency Services (Government Code § 8593.7). 334.9 YELLOW ALERT A Yellow Alert may be issued when a person is killed due to a hit-and-run incident and the [department/office] has specified information concerning the suspect or the suspect's vehicle (Government Code § 8594.15). 334.9.1 CRITERIA FOR YELLOW ALERT All of the following conditions must be met before activating a Yellow Alert (Government Code § 8594.15): (a) A person has been killed due to a hit-and-run incident. (b) There is an indication that a suspect has fled the scene utilizing the state highway system or is likely to be observed by the public on the state highway system. (c) The [department/office] has additional information concerning the suspect or the suspect's vehicle including but not limited to the following: 1. The complete license plate number of the suspect's vehicle. 2. A partial license plate number and additional unique identifying characteristics, such as the make, model, and color of the suspect's vehicle, which could reasonably lead to the apprehension of a suspect. 3. The identity of a suspect. 4. Public dissemination of available information could either help avert further harm or accelerate apprehension of a suspect based on any factor, including but not Copyright Lexipol, LLC 2024/03/28, All Rights Reserved. Public Alerts - 184 Published with permission by Benicia Police Department Benicia Police Department Benicia PD Policy Manual Benicia PD Policy Manual Public Alerts limited to the time elapsed between a hit-and-run incident and the request or the likelihood that an activation would reasonably lead to the apprehension of a suspect. 334.9.2 PROCEDURE FOR YELLOW ALERT Requests for a Yellow Alert shall be made through the California Highway Patrol (Government Code § 8594.15). 334.10 ENDANGERED MISSING ADVISORY An Endangered Missing Advisory may be requested when a person is reported missing who is developmentally disabled, or cognitively impaired, or has been abducted, or is unable to otherwise care for themselves, placing their physical safety at risk (Government Code § 8594.11). 334.10.1 CRITERIA FOR ENDANGERED MISSING ADVISORY All of the following conditions must be met before activating an Endangered Missing Advisory (Government Code § 8594.11): (a) The missing person is developmentally disabled, cognitively impaired, has been abducted or is otherwise unable to care for themselves, placing their physical safety at risk. (b) The [Department/Office] has utilized all available local resources. (c) The investigating officer has determined the person has gone 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. 334.10.2 PROCEDURE FOR ENDANGERED MISSING ADVISORIES Requests for an endangered missing advisory shall be made through the California Highway Patrol (Government Code § 8594.11). 334.11 EBONY ALERT An Ebony Alert may be requested when it is determined the alert would be an effective tool in the investigation of missing Black youth, including a young woman or girl (Government Code § 8594.14). 334.11.1 CRITERIA FOR EBONY ALERT The investigating officer may consider the following factors to make the determination that an Ebony Alert would be an effective tool (Government Code § 8594.14): (a) The missing person is between the ages of 12 and 25 years old, inclusive. Copyright Lexipol, LLC 2024/03/28, All Rights Reserved. Public Alerts - 185 Published with permission by Benicia Police Department Benicia Police Department Benicia PD Policy Manual Benicia PD Policy Manual Public Alerts (b) The missing person is missing under circumstances that indicate their physical safety is endangered or they have been subject to trafficking. (c) The missing person suffers from a mental or physical disability. (d) Determination that the person has gone missing under unexplained or suspicious circumstances. (e) Belief 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. (f) The [Department/Office] has utilized all available local resources. (g) There is information available that, if disseminated to the public, could assist in the safe recovery of the missing person. 334.11.2 PROCEDURE FOR EBONY ALERT Requests for an Ebony Alert shall be made through the California Highway Patrol (Government Code § 8594.14). Copyright Lexipol, LLC 2024/03/28, All Rights Reserved. Public Alerts - 186 Published with permission by Benicia Police Department Policy Benicia Police Department 336 Benicia PD Policy Manual Victim and Witness Assistance 336.1 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. 336.2 POLICY The Benicia Police Department is committed to providing guidance and assistance to the victims and witnesses of crime. The members of the Benicia 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. 336.3 CRIME VICTIM LIAISON The Chief of Police shall appoint a member of the [Department/Office] to serve as the crime victim liaison (2 CCR 649.36). The crime victim liaison will be the point of contact for individuals requiring further assistance or information from the Benicia 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. 336.3.1 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 the crime victim liaison's 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 Benicia Police Department jurisdiction (Penal Code § 680.2). Copyright Lexipol, LLC 2024/03/28, All Rights Reserved. Victim and Witness Assistance - 187 Published with permission by Benicia Police Department Benicia Police Department Benicia PD Policy Manual Benicia PD Policy Manual Victim and Witness Assistance (f) Providing information required by Penal Code § 679.09 of a deceased minor to a parent or guardian of the minor whose death is being investigated. 1. In cases where the parent or guardian of the deceased minor cannot be located, information required by Penal Code § 679.09 shall be provided to the victim's immediate family, upon their request. (g) Providing notification to victims of human trafficking or abuse of their right to have a human trafficking advocate and a support person that the victim chooses present during an interview by the [Department/Office], prosecutor, or the suspect's defense attorney (Penal Code § 236.21). 336.4 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. 336.4.1 VICTIMS OF HUMAN TRAFFICKING Officers investigating or receiving a report involving a victim of human trafficking shall inform the victim, or the victim’s parent or guardian if the victim is a minor, that upon the request of the victim the names and images of the victim and his/her immediate family members may be withheld from becoming a matter of public record until the conclusion of the investigation or prosecution (Penal Code § 293). 336.5 VICTIM INFORMATION The 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. Copyright Lexipol, LLC 2024/03/28, All Rights Reserved. Victim and Witness Assistance - 188 Published with permission by Benicia Police Department Benicia Police Department Benicia PD Policy Manual Benicia PD Policy Manual Victim and Witness Assistance (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. (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). 336.6 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. Copyright Lexipol, LLC 2024/03/28, All Rights Reserved. Victim and Witness Assistance - 189 Published with permission by Benicia Police Department Policy Benicia Police Department 338 Benicia PD Policy Manual Hate Crimes 338.1 PURPOSE AND SCOPE This policy is designed to assist in identifying and handling crimes motivated by hate or other bias toward individuals and groups with legally defined protected characteristics, to define appropriate steps for assisting victims, and to provide a guide to conducting related investigations. It outlines the general policy framework for prevention, response, accessing assistance, victim assistance and follow-up, and reporting as related to law enforcement's role in handling hate crimes. It also serves as a declaration that hate crimes are taken seriously and demonstrates how the Benicia 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; Penal Code § 422.87). 338.1.1 DEFINITION AND LAWS In accordance with Penal Code § 422.55; Penal Code § 422.56; Penal Code § 422.6; and Penal Code § 422.87, for purposes of all other state law, unless an explicit provision of law or the context clearly requires a different meaning, the following shall apply: Bias motivation - Bias motivation is a pre-existing negative attitude toward actual or perceived characteristics referenced in Penal Code § 422.55. Depending on the circumstances of each case, bias motivation may include but is not limited to hatred, animosity, discriminatory selection of victims, resentment, revulsion, contempt, unreasonable fear, paranoia, callousness, thrill-seeking, desire for social dominance, desire for social bonding with those of one's "own kind," or a perception of the vulnerability of the victim due to the victim being perceived as being weak, worthless, or fair game because of a protected characteristic, including but not limited to disability or gender. Disability - Disability includes mental disability and physical disability as defined in Government Code § 12926, regardless of whether those disabilities are temporary, permanent, congenital, or acquired by heredity, accident, injury, advanced age, or illness. Disability bias - In recognizing suspected disability-bias hate crimes, officers should consider whether there is any indication that the perpetrator was motivated by hostility or other bias, occasioned by factors such as but not limited to dislike of persons who arouse fear or guilt, a perception that persons with disabilities are inferior and therefore "deserving victims," a fear of persons whose visible traits are perceived as being disturbing to others, or resentment of those who need, demand, or receive alternative educational, physical, or social accommodations. In recognizing suspected disability-bias hate crimes, officers should consider whether there is any indication that the perpetrator perceived the victim to be vulnerable and, if so, if this perception is grounded, in whole or in part, in anti-disability bias. This includes but is not limited to situations where a perpetrator targets a person with a particular perceived disability while avoiding other vulnerable-appearing persons, such as inebriated persons or persons with perceived disabilities different from those of the victim. Such circumstances could be evidence that the perpetrator's Copyright Lexipol, LLC 2024/03/28, All Rights Reserved. Hate Crimes - 190 Published with permission by Benicia Police Department Benicia Police Department Benicia PD Policy Manual Benicia PD Policy Manual Hate Crimes 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, regardless of whether it is 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 one or more of these actual or perceived characteristics" includes advocacy for, identification with, or being on the premises owned or rented by, or adjacent to, any of the following: a community center, educational facility, family, individual, office, meeting hall, place of worship, private institution, public agency, library, or other entity, group, or person that has, or is identified with people who have, one or more of the 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 Copyright Lexipol, LLC 2024/03/28, All Rights Reserved. Hate Crimes - 191 Published with permission by Benicia Police Department Benicia Police Department Benicia PD Policy Manual Benicia PD Policy Manual Hate Crimes • 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 means country of origin, immigration status, including citizenship, 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. Religious bias - In recognizing suspected religion-bias hate crimes, officers should consider whether there were targeted attacks on, or biased references to, symbols of importance to a particular religion or articles considered of spiritual significance in a particular religion (e.g., crosses, hijabs, Stars of David, turbans, head coverings, statues of the Buddha). Sexual orientation - Sexual orientation means heterosexuality, homosexuality, or bisexuality. Victim - Victim includes but is not limited to: • Community center • Educational facility • Entity • Family • Group • Individual • Office Copyright Lexipol, LLC 2024/03/28, All Rights Reserved. Hate Crimes - 192 Published with permission by Benicia Police Department Benicia Police Department Benicia PD Policy Manual Benicia PD Policy Manual Hate Crimes • Meeting hall • Person • Place of worship • Private institution • Public agency • Library • Other victim or intended victim of the offense 338.2 POLICY It is the policy of this [department/office] 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/office] 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/office] 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. 338.3 PLANNING AND PREVENTION In order to facilitate the guidelines contained within this policy, [department/office] members will continuously work to build and strengthen relationships with the community, engage in dialogue, and provide education to the community about this policy. [Department/Office] 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. 338.3.1 HATE CRIMES COORDINATOR A [department/office] member appointed by the Chief of Police or the authorized designee will serve as the Hate Crimes Coordinator. The responsibilities of the Hate Crimes Coordinator should include but not be limited to (Penal Code § 422.87): Copyright Lexipol, LLC 2024/03/28, All Rights Reserved. Hate Crimes - 193 Published with permission by Benicia Police Department Benicia Police Department Benicia PD Policy Manual Benicia PD Policy Manual Hate Crimes (a) Meeting with residents in target communities to allay fears; emphasizing the [department/office]'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. (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 immigrant, Muslim, Arab, LGBTQ, Black or African-American, Jewish, and Sikh persons and persons with disabilities. (i) Coordinating with the Training Sergeant to develop a schedule of required hate-crime training and include in a training plan recognition of hate crime bias characteristics, including information on general underreporting of hate crimes. (j) Verifying a process is in place to provide this policy and related orders to officers in the field and taking reasonable steps to rectify the situation if such a process is not in place. (k) Taking reasonable steps to ensure hate crime data is provided to the Records Section for mandated reporting to the Department of Justice. 1. Ensure the California Department of Justice crime data is posted monthly on the [department/office] website (Penal Code § 13023). (l) Reporting any suspected multi-mission extremist crimes to the [department/office] Terrorism Liaison Officer, the assigned designee, or other appropriate resource; and verifying that such data is transmitted to the Joint Regional Information Exchange System in accordance with the protocols of the Records Section Policy. (m) Maintaining the [department/office]'s supply of up-to-date hate crimes brochures (Penal Code § 422.92; Penal Code § 422.87). (n) Submitting required hate crime materials to the California Department of Justice in accordance with the timeline established by state law (Penal Code § 13023). (o) Annually assessing this policy, including: Copyright Lexipol, LLC 2024/03/28, All Rights Reserved. Hate Crimes - 194 Published with permission by Benicia Police Department Benicia Police Department Benicia PD Policy Manual Benicia PD Policy Manual Hate Crimes 1. Keeping abreast of POST model policy framework for hate crimes for revisions or additions, including definitions, responsibilities, training resources, the supplemental hate crime report, and planning and prevention methods. 2. Analysis of the [department/office]'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. 338.3.2 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. (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/office] 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/Office] 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. 338.4 RESPONSE, VICTIM ASSISTANCE, AND FOLLOW-UP 338.4.1 INITIAL RESPONSE First responding officers should know the role of all [department/office] personnel as they relate to the [department/office]'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. Copyright Lexipol, LLC 2024/03/28, All Rights Reserved. Hate Crimes - 195 Published with permission by Benicia Police Department Benicia Police Department Benicia PD Policy Manual Benicia PD Policy Manual Hate Crimes 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/Office] personnel should follow up with the property owner to determine if this was accomplished in a timely manner. (f) Collect and photograph physical evidence or indicators of hate crimes such as: 1. Hate literature. 2. Spray paint cans. 3. Threatening letters. 4. Symbols used by hate groups. (g) Identify criminal evidence on the victim. (h) Request the assistance of translators or interpreters when needed to establish effective communication with witnesses, victims, or others as appropriate. (i) Conduct a preliminary investigation and record pertinent information including but not limited to: 1. Identity of suspected perpetrators. 2. Identity of witnesses, including those no longer at the scene. 3. The offer of victim confidentiality per Government Code § 7923.615. 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. Copyright Lexipol, LLC 2024/03/28, All Rights Reserved. Hate Crimes - 196 Published with permission by Benicia Police Department Benicia Police Department Benicia PD Policy Manual Benicia PD Policy Manual Hate Crimes (k) Provide information regarding immigration remedies available to victims of crime (e.g., U-Visa, T-Visa, S-Visa). (l) Provide the [department/office]'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. 338.4.2 INVESTIGATION Investigators at the scene of, or performing follow-up investigation on, a suspected hate or bias crime or hate incident should take all actions deemed reasonably necessary, including but not limited to the following: (a) Consider typologies of perpetrators of hate crimes and incidents, including but not limited to thrill, reactive/defensive, and mission (hard core). (b) Utilize investigative techniques and methods to handle hate crimes or hate incidents in a professional manner. (c) Utilize proper techniques for interviewing people with disabilities and be aware of and provide appropriate accommodations (e.g., ADA standards, Braille, visuals, translators for the deaf or hard of hearing). (d) Properly investigate any report of a hate crime committed under the color of authority per Penal Code § 422.6 and Penal Code § 13519.6. (e) Document physical evidence or indicators of hate crimes, in accordance with the provisions of the Property and Evidence Policy, such as: 1. Hate literature. 2. Spray paint cans. 3. Threatening letters. 4. Symbols used by hate groups. 5. Desecration of religious symbols, objects, or buildings. (f) Request the assistance of translators or interpreters when needed to establish effective communication. (g) Conduct a preliminary investigation and record information regarding: 1. Identity of suspected perpetrators. 2. Identity of witnesses, including those no longer at the scene. 3. Offer of victim confidentiality per Government Code § 7923.615. 4. Prior occurrences, in this area or with this victim. 5. Statements made by suspects; exact wording is critical. Copyright Lexipol, LLC 2024/03/28, All Rights Reserved. Hate Crimes - 197 Published with permission by Benicia Police Department Benicia Police Department Benicia PD Policy Manual Benicia PD Policy Manual Hate Crimes 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/office], 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/Office]. (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. 338.4.3 SUPERVISION The supervisor shall confer with the initial responding officer and take reasonable steps to ensure that necessary preliminary actions have been taken. The supervisor shall request any appropriate personnel necessary to accomplish the following: (a) Provide immediate assistance to the crime victim by: 1. Expressing the [department/office]'s official position on the importance of these cases and the measures that will be taken to apprehend the perpetrators. 2. Expressing the [department/office]'s interest in protecting victims' anonymity (confidentiality forms, Government Code § 7923.615) 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/office] chaplain, as well as community service agencies that provide shelter, food, clothing, child care, or other related services (per Penal Code § 422.92). Copyright Lexipol, LLC 2024/03/28, All Rights Reserved. Hate Crimes - 198 Published with permission by Benicia Police Department Benicia Police Department Benicia PD Policy Manual Benicia PD Policy Manual Hate Crimes (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. 338.5 TRAINING All members of this [department/office] 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, gender bias, and religion bias. (b) Accurate reporting by officers, including information on the general underreporting of hate crimes. (c) Distribution of hate crime brochures. 338.6 APPENDIX See attachments: Statutes and Legal Requirements.pdf Hate Crime Checklist.pdf Copyright Lexipol, LLC 2024/03/28, All Rights Reserved. Hate Crimes - 199 Published with permission by Benicia Police Department Benicia Police Department Benicia PD Policy Manual Benicia PD Policy Manual Hate Crimes Supplemental Hate Crime Report.pdf Copyright Lexipol, LLC 2024/03/28, All Rights Reserved. Hate Crimes - 200 Published with permission by Benicia Police Department Policy Benicia Police Department 340 Benicia PD Policy Manual Standards of Conduct 340.1 PURPOSE AND SCOPE This policy establishes standards of conduct that are consistent with the values and mission of the Benicia Police Department and are expected of all [department/office] members. The standards contained in this policy are not intended to be an exhaustive list of requirements and prohibitions but they do identify many of the important matters concerning conduct. In addition to the provisions of this policy, members are subject to all other provisions contained in this manual, as well as any additional guidance on conduct that may be disseminated by this [department/office] or a member’s supervisors. 340.2 POLICY The continued employment or appointment of every member of the Benicia 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. 340.3 DIRECTIVES AND ORDERS Members shall comply with lawful directives and orders from any [department/office] supervisor or person in a position of authority, absent a reasonable and bona fide justification. 340.3.1 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/office] policy. Supervisors should not issue orders that conflict with any previous order without making reasonable clarification that the new order is intended to countermand the earlier order. No member is required to obey any order that appears to be in direct conflict with any federal law, state law or local ordinance. Following a known unlawful order is not a defense and does not relieve the member from criminal or civil prosecution or administrative discipline. If the legality of an order is in doubt, the affected member shall ask the issuing supervisor to clarify the order or shall confer with a higher authority. The responsibility for refusal to obey rests with the member, who shall subsequently be required to justify the refusal. Unless it would jeopardize the safety of any individual, members who are presented with a lawful order that is in conflict with a previous lawful order, [department/office] policy or other directive shall respectfully inform the issuing supervisor of the conflict. The issuing supervisor is responsible for either resolving the conflict or clarifying that the lawful order is intended to countermand the previous lawful order or directive, in which case the member is obliged to comply. Members who are compelled to follow a conflicting lawful order after having given the issuing supervisor the opportunity to correct the conflict, will not be held accountable for disobedience of the lawful order or directive that was initially issued. Copyright Lexipol, LLC 2024/03/28, All Rights Reserved. Standards of Conduct - 201 Published with permission by Benicia Police Department Benicia Police Department Benicia PD Policy Manual Benicia PD Policy Manual Standards of Conduct The person countermanding the original order shall notify, in writing, the person issuing the original order, indicating the action taken and the reason. 340.3.2 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. 340.4 GENERAL STANDARDS Members shall conduct themselves, whether on- or off-duty, in accordance with the United States and California constitutions and all applicable laws, ordinances, and rules enacted or established pursuant to legal authority. Members shall familiarize themselves with policies and procedures and are responsible for compliance with each. Members should seek clarification and guidance from supervisors in the event of any perceived ambiguity or uncertainty. Discipline may be initiated for any good cause. It is not mandatory that a specific policy or rule violation be cited to sustain discipline. This policy is not intended to cover every possible type of misconduct. 340.5 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/office] service: 340.5.1 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/office] or City manuals. (b) Disobedience of any legal directive or order issued by any [department/office] member of a higher rank. (c) Violation of federal, state, local or administrative laws, rules or regulations. Copyright Lexipol, LLC 2024/03/28, All Rights Reserved. Standards of Conduct - 202 Published with permission by Benicia Police Department Benicia Police Department Benicia PD Policy Manual Benicia PD Policy Manual Standards of Conduct 340.5.2 ETHICS (a) Using or disclosing one’s status as a member of the Benicia Police Department in any way that could reasonably be perceived as an attempt to gain influence or authority for non[department/office] business or activity. (b) The wrongful or unlawful exercise of authority on the part of any member for malicious purpose, personal gain, willful deceit or any other improper purpose. (c) The receipt or acceptance of a reward, fee or gift from any person for service incident to the performance of the member's duties (lawful subpoena fees and authorized work permits excepted). (d) Acceptance of fees, gifts or money contrary to the rules of this [department/office] 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. 340.5.3 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/Office] within 24 hours of any change in residence address or contact numbers. (f) Failure to notify the Human Resources Department of changes in relevant personal information (e.g., information associated with benefits determination) in a timely fashion. 340.5.4 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 workrelated 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/office] 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, Copyright Lexipol, LLC 2024/03/28, All Rights Reserved. Standards of Conduct - 203 Published with permission by Benicia Police Department Benicia Police Department Benicia PD Policy Manual Benicia PD Policy Manual Standards of Conduct in connection with any investigation or in the reporting of any [department/office] - 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/office] or its members. (e) Disparaging remarks or conduct concerning duly constituted authority to the extent that such conduct disrupts the efficiency of this [department/office] or subverts the good order, efficiency and discipline of this [department/office] or that would tend to discredit any of its members. (f) Unlawful gambling or unlawful betting at any time or any place. Legal gambling or betting under any of the following conditions: 1. While on [department/office] premises. 2. At any work site, while onduty or while in uniform, or while using any [department/ office] equipment or system. 3. Gambling activity undertaken as part of an officer official duties and with the express knowledge and permission of a direct supervisor is exempt from this prohibition. (g) Improper political activity including: 1. Unauthorized attendance while onduty at official legislative or political sessions. 2. Solicitations, speeches or distribution of campaign literature for or against any political candidate or position while onduty or, on [department/office] 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 offduty that brings discredit to this [department/office]. 340.5.5 CONDUCT (a) Failure of any member to promptly and fully report activities on his/her part or the part of any other member where such activities resulted in contact with any other law 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. Copyright Lexipol, LLC 2024/03/28, All Rights Reserved. Standards of Conduct - 204 Published with permission by Benicia Police Department Benicia Police Department Benicia PD Policy Manual Benicia PD Policy Manual Standards of Conduct (f) Discourteous, disrespectful or discriminatory treatment of any member of the public or any member of this [department/office] or the City. (g) Use of obscene, indecent, profane or derogatory language while onduty or in uniform. (h) Criminal, dishonest, or disgraceful conduct, whether on- or off-duty, that adversely affects the member’s relationship with this [department/office]. (i) Unauthorized possession of, loss of, or damage to [department/office] property or the property of others, or endangering it through carelessness or maliciousness. (j) Attempted or actual theft of [department/office] property; misappropriation or misuse of public funds, property, personnel or the services or property of others; unauthorized removal or possession of [department/office] property or the property of another person. (k) Activity that is incompatible with a member’s conditions of employment or appointment as established by law or that violates a provision of any memorandum of understanding or contract to include fraud in securing the appointment or hire. (l) Initiating any civil action for recovery of any damages or injuries incurred in the course and scope of employment or appointment without first notifying the Chief of Police of such action. (m) Any other on or offduty conduct which any member knows or reasonably should know is unbecoming a member of this [department/office], is contrary to good order, efficiency or morale, or tends to reflect unfavorably upon this [department/office] or its members. 340.5.6 SAFETY (a) Failure to observe or violating [department/office] safety standards or safe working practices. (b) Failure to maintain current licenses or certifications required for the assignment or position (e.g., driver license, first aid). (c) Failure to maintain good physical condition sufficient to adequately and safely perform law enforcement duties. (d) Unsafe firearm or other dangerous weapon handling to include loading or unloading firearms in an unsafe manner, either on- or off- duty. (e) Carrying, while on the premises of the work place, any firearm or other lethal weapon that is not authorized by the member’s appointing authority. (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. Copyright Lexipol, LLC 2024/03/28, All Rights Reserved. Standards of Conduct - 205 Published with permission by Benicia Police Department Benicia Police Department Benicia PD Policy Manual Benicia PD Policy Manual Standards of Conduct 340.5.7 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. 340.5.8 RELATIONSHIPS (a) Unwelcome solicitation of a personal or sexual relationship while onduty or through the use of one’s official capacity. (b) Engaging in on-duty sexual activity, including but not limited to sexual intercourse, excessive displays of public affection, or other sexual contact. (c) Establishing or maintaining an inappropriate personal or financial relationship, as a result of an investigation, with a known victim, witness, suspect, or defendant while a case is being investigated or prosecuted, or as a direct result of any official contact. (d) Associating with or joining a criminal gang, organized crime, and/or criminal syndicate when the member knows or reasonably should know of the criminal nature of the organization. This includes any organization involved in a definable criminal activity or enterprise, except as specifically directed and authorized by this [department/office]. (e) Associating on a personal, rather than official basis with persons who demonstrate recurring involvement in serious violations of state or federal laws after the member knows, or reasonably should know of such criminal activities, except as specifically directed and authorized by this [department/office]. (f) Participation in a law enforcement gang as defined by Penal Code § 13670. Participation is grounds for termination (Penal Code § 13670). 340.5.9 UNAUTHORIZED ACCESS, DISCLOSURE, OR USE (a) Unauthorized and inappropriate intentional release of confidential or protected information, materials, data, forms, or reports obtained as a result of the member’s position with this [department/office]. (a) Members of this [department/office] shall not disclose the name, address, or image of any victim of human trafficking except as authorized by law (Penal Code § 293). (b) Disclosing to any unauthorized person any active investigation information. (c) The use of any information, photograph, video, or other recording obtained or accessed as a result of employment or appointment to this [department/office] for personal or financial gain or without the express authorization of the Chief of Police or the authorized designee. (d) Loaning, selling, allowing unauthorized use, giving away, or appropriating any [department/office] property for personal use, personal gain, or any other improper or unauthorized use or purpose. Copyright Lexipol, LLC 2024/03/28, All Rights Reserved. Standards of Conduct - 206 Published with permission by Benicia Police Department Benicia Police Department Benicia PD Policy Manual Benicia PD Policy Manual Standards of Conduct (e) Using [department/office] resources in association with any portion of an independent civil action. These resources include but are not limited to personnel, vehicles, equipment, and nonsubpoenaed records. 340.5.10 ATTENDANCE (a) Leaving the job to which the member is assigned during duty hours without reasonable excuse and proper permission and approval. (b) Unexcused or unauthorized absence or tardiness. (c) Excessive absenteeism or abuse of leave privileges. (d) Failure to report to work or to the place of assignment at the time specified and fully prepared to perform duties without reasonable excuse. 340.5.11 INTOXICANTS (a) Reporting for work or being at work while intoxicated or when the member’s ability to perform assigned duties is impaired due to the use of alcohol, medication or drugs, whether legal, prescribed or illegal. (b) Possession or use of alcohol at any work site or while on-duty, except as authorized in the performance of an official assignment. A member who is authorized to consume alcohol is not permitted to do so to such a degree that it may impair on-duty performance. (c) Unauthorized possession, use of, or attempting to bring a controlled substance, illegal drug or non-prescribed medication to any work site. Copyright Lexipol, LLC 2024/03/28, All Rights Reserved. Standards of Conduct - 207 Published with permission by Benicia Police Department Policy Benicia Police Department 342 Benicia PD Policy Manual Information Technology Use 342.1 PURPOSE AND SCOPE The purpose of this policy is to provide guidelines for the proper use of [department/office] information technology resources, including computers, electronic devices, hardware, software and systems. 342.1.1 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 Benicia Police Department that are provided for official use by its members. This includes all access to, and use of, Internet Service Providers (ISP) or other service providers provided by or through the [Department/Office] or [department/office] 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. 342.2 POLICY It is the policy of the Benicia Police Department that members shall use information technology resources, including computers, software and systems, that are issued or maintained by the [Department/Office] in a professional manner and in accordance with this policy. 342.3 PRIVACY EXPECTATION Members forfeit any expectation of privacy with regard to emails, texts, or anything published, shared, transmitted, or maintained through file-sharing software or any internet site that is accessed, transmitted, received, or reviewed on any [department/office] computer system. The [Department/Office] 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/Office], including the [department/office] email system, computer network, and/or any information placed into storage on any [department/office] system or device. This includes records of all keystrokes or Web-browsing history made at any [department/office] computer or over any [department/office] network. The fact that access to a database, service, or website requires a username or password Copyright Lexipol, LLC 2024/03/28, All Rights Reserved. Information Technology Use - 208 Published with permission by Benicia Police Department Benicia Police Department Benicia PD Policy Manual Benicia PD Policy Manual Information Technology Use will not create an expectation of privacy if it is accessed through [department/office] computers, electronic devices, or networks. The [Department/Office] shall not require a member to disclose a personal username or password for accessing personal social media or to open a personal social website; however, the [Department/Office] may request access when it is reasonably believed to be relevant to the investigation of allegations of work-related misconduct (Labor Code § 980). 342.4 RESTRICTED USE Members shall not access computers, devices, software or systems for which they have not received prior authorization or the required training. Members shall immediately report unauthorized access or use of computers, devices, software or systems by another member to their supervisors or Supervisors. Members shall not use another person’s access passwords, logon information and other individual security data, protocols and procedures unless directed to do so by a supervisor. 342.4.1 HARDWARE Access to technology resources provided by or through the [Department/Office] shall be strictly limited to [department/office]-related activities. Data stored on or available through [department/ office] computer systems shall only be accessed by authorized members who are engaged in an active investigation or assisting in an active investigation, or who otherwise have a legitimate law enforcement or [department/office]-related purpose to access such data. Any exceptions to this policy must be approved by a supervisor. 342.4.2 OFF-DUTY USE Members shall only use technology resources provided by the [Department/Office] while on-duty or in conjunction with specific on-call assignments unless specifically authorized by a supervisor. This includes the use of telephones, cell phones, texting, email or any other "off the clock" work-related activities. This also applies to personally owned devices that are used to access [department/office] resources. Refer to the Personal Communication Devices Policy for guidelines regarding off-duty use of personally owned technology. 342.4.3 INTERNET USE Internet access provided by or through the [Department/Office] shall be strictly limited to [department/office]-related activities. Internet sites containing information that is not appropriate or applicable to [department/office] use and which shall not be intentionally accessed include but are not limited to adult forums, pornography, gambling, chat rooms, and similar or related internet sites. Certain exceptions may be permitted with the express approval of a supervisor as a function of a member’s assignment. Downloaded information shall be limited to messages, mail, and data files. Copyright Lexipol, LLC 2024/03/28, All Rights Reserved. Information Technology Use - 209 Published with permission by Benicia Police Department Benicia Police Department Benicia PD Policy Manual Benicia PD Policy Manual Information Technology Use 342.4.4 SOFTWARE Members shall not copy or duplicate any copyrighted or licensed software except for a single copy for backup purposes in accordance with the software company’s copyright and license agreement. To reduce the risk of a computer virus or malicious software, members shall not install any unlicensed or unauthorized software on any [department/office] computer. Members shall not install personal copies of any software onto any [department/office] computer. When related to criminal investigations, software program files may be downloaded only with the approval of the information systems technology (IT) staff and with the authorization of the Chief of Police or the authorized designee. No member shall knowingly make, acquire or use unauthorized copies of computer software that is not licensed to the [Department/Office] while on [department/office] premises, computer systems or electronic devices. Such unauthorized use of software exposes the [Department/Office] and involved members to severe civil and criminal penalties. Introduction of software by members should only occur as part of the automated maintenance or update process of [department/office]- 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. 342.5 PROTECTION OF AGENCY SYSTEMS AND FILES All members have a duty to protect the computer system and related systems and devices from physical and environmental damage and are responsible for the correct use, operation, care, and maintenance of the computer system. Members shall ensure [department/office] computers and access terminals are not viewable by persons who are not authorized users. Computers and terminals should be secured, users logged off and password protections enabled whenever the user is not present. Access passwords, logon information, and other individual security data, protocols, and procedures are confidential information and are not to be shared. Password length, format, structure, and content shall meet the prescribed standards required by the computer system or as directed by a supervisor and shall be changed at intervals as directed by IT staff or a supervisor. It is prohibited for a member to allow an unauthorized user to access the computer system at any time or for any reason. Members shall promptly report any unauthorized access to the computer system or suspected intrusion from outside sources (including the internet) to a supervisor. 342.6 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. Copyright Lexipol, LLC 2024/03/28, All Rights Reserved. Information Technology Use - 210 Published with permission by Benicia Police Department Benicia Police Department Benicia PD Policy Manual Benicia PD Policy Manual Information Technology Use 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/ Office] involving one of its members or a member’s duties, an alleged or suspected violation of any [department/office] 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/office] computer system when requested by a supervisor or during the course of regular duties that require such information. Copyright Lexipol, LLC 2024/03/28, All Rights Reserved. Information Technology Use - 211 Published with permission by Benicia Police Department Policy Benicia Police Department 344 Benicia PD Policy Manual Report Preparation 344.1 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. 344.1.1 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. 344.2 REQUIRED REPORTING Written reports are required in all of the following situations on the appropriate [department/office] approved form unless otherwise approved by a supervisor. 344.2.1 CRIMINAL ACTIVITY When a member responds to a call for service, or as a result of self-initiated activity becomes aware of any activity where a crime has occurred, the member shall document the incident regardless of whether a victim desires prosecution. Activity to be documented in a written report includes: (a) All arrests (b) All felony crimes (c) Non-Felony incidents involving threats or stalking behavior (d) Situations covered by separate policy. These include: 1. Use of Force Policy 2. Domestic Violence Policy Copyright Lexipol, LLC 2024/03/28, All Rights Reserved. Report Preparation - 212 Published with permission by Benicia Police Department Benicia Police Department Benicia PD Policy Manual Benicia PD Policy Manual Report Preparation 3. Child Abuse Policy 4. Senior and Disability Victimization Policy 5. Hate Crimes Policy 6. Suspicious Activity Reporting Policy (e) All misdemeanor crimes where the victim desires a report Misdemeanor crimes where the victim does not desire a report shall be documented using the [department/office]-approved alternative reporting method (e.g., dispatch log). 344.2.2 NON-CRIMINAL ACTIVITY The following incidents shall be documented using the appropriate approved report: (a) Anytime an officer points a firearm at any person (b) Any use of force against any person by a member of this [department/office] (see the Use of Force Policy) (c) Any firearm discharge (see the Firearms Policy) (d) Anytime a person is reported missing, regardless of jurisdiction (see the Missing Persons Policy) (e) Any found property or found evidence (f) Any traffic collisions above the minimum reporting level (see Traffic Collision Reporting Policy) (g) Suspicious incidents that may indicate a potential for crimes against children or that a child’s safety is in jeopardy (h) All protective custody detentions (i) Suspicious incidents that may place the public or others at risk (j) Whenever the employee believes the circumstances should be documented or at the direction of a supervisor 344.2.3 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. Copyright Lexipol, LLC 2024/03/28, All Rights Reserved. Report Preparation - 213 Published with permission by Benicia Police Department Benicia Police Department Benicia PD Policy Manual Benicia PD Policy Manual Report Preparation (d) Unattended deaths (No physician or qualified hospice care in the 20 days preceding death). (e) Found dead bodies or body parts. 344.2.4 INJURY OR DAMAGE BY CITY PERSONNEL Reports shall be taken if an injury occurs that is a result of an act of a City employee. Additionally, reports shall be taken involving damage to City property or City equipment. 344.2.5 MISCELLANEOUS INJURIES Any injury that is reported to this [department/office] 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. 344.2.6 MANDATORY REPORTING OF JUVENILE GUNSHOT INJURIES A report shall be taken when any incident in which a child 18 years or younger suffered an unintentional or self-inflicted gunshot wound. The Records Section shall notify the California Department of Public Health (CDPH) of the incident as required by CDPH (Penal Code § 23685). 344.2.7 ALTERNATE REPORTING FOR VICTIMS Reports that may be submitted by the public via online or other self-completed reporting processes include: (a) Lost property. (b) Misdemeanor thefts of property, other than firearms or materials that threaten public safety, when there is no suspect information, serial number or ability to trace the item. 1. Misdemeanor thefts of cellular telephones may be reported even though they have a serial number. (c) Misdemeanor vandalism with no suspect information and no hate crime implications. (d) Vehicle burglaries with no suspect information or evidence. (e) Stolen vehicle attempts with no suspect information or evidence. (f) Annoying telephone calls with no suspect information. (g) Identity theft without an identifiable suspect. (h) Online or email fraud solicitations without an identifiable suspect and if the financial loss classifies the crime as a misdemeanor. Copyright Lexipol, LLC 2024/03/28, All Rights Reserved. Report Preparation - 214 Published with permission by Benicia Police Department Benicia Police Department Benicia PD Policy Manual Benicia PD Policy Manual Report Preparation (i) Hit-and-run vehicle collisions with no suspect or suspect vehicle. (j) Supplemental property lists. Members at the scene of one of the above incidents should not refer the reporting party to an alternate means of reporting without authorization from a supervisor. Members may refer victims to online victim assistance programs (e.g., Federal Communications Commission (FCC) website for identity theft, Internet Crime Complaint Center (IC3) website for computer crimes). 344.3 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. 344.3.1 GENERAL POLICY OF HANDWRITTEN REPORTS Some incidents and report forms lend themselves to block print rather than typing. In general, the narrative portion of those reports where an arrest is made or when there is a long narrative should be typed or dictated. Supervisors may require, with the foregoing general policy in mind, block printing or typing of reports of any nature for [department/office] consistency. 344.3.2 GENERAL USE OF OTHER HANDWRITTEN FORMS County, state and federal agency forms may be block printed as appropriate. In general, the form itself may make the requirement for typing apparent. 344.4 REPORT CORRECTIONS Supervisors shall review reports for content and accuracy. If a correction is necessary, the reviewing supervisor should complete the Report Correction form stating the reasons for rejection. The original report and the correction form should be returned to the reporting employee for correction as soon as practical. It shall be the responsibility of the originating officer to ensure that any report returned for correction is processed in a timely manner. 344.5 REPORT CHANGES OR ALTERATIONS Reports that have been approved by a supervisor and submitted to the Records Section for filing and distribution shall not be modified or altered except by way of a supplemental report. Reviewed reports that have not yet been submitted to the Records Section may be corrected or modified by the authoring officer only with the knowledge and authorization of the reviewing supervisor. 344.6 ELECTRONIC SIGNATURES The Benicia Police Department has established an electronic signature procedure for use by all employees of the Benicia Police Department. The Management Analyst shall be responsible for maintaining the electronic signature system and ensuring that each employee creates a unique, confidential password for his/her electronic signature. Copyright Lexipol, LLC 2024/03/28, All Rights Reserved. Report Preparation - 215 Published with permission by Benicia Police Department Benicia Police Department Benicia PD Policy Manual Benicia PD Policy Manual Report Preparation • Employees may only use their electronic signature for official reports or other official communications. • Each employee shall be responsible for the security and use of his/her electronic signature and shall promptly notify a supervisor if the electronic signature has or may have been compromised or misused. Copyright Lexipol, LLC 2024/03/28, All Rights Reserved. Report Preparation - 216 Published with permission by Benicia Police Department Policy Benicia Police Department 346 Benicia PD Policy Manual Media Relations 346.1 PURPOSE AND SCOPE This policy provides guidelines for the release of official [department/office] information to the media. It also addresses coordinating media access to scenes of disasters, criminal investigations, emergencies, and other law enforcement activities. 346.2 RESPONSIBILITIES The ultimate authority and responsibility for the release of information to the media shall remain with the Chief of Police. 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, Supervisors, and designated Public Information Officers ([PIO]s) may prepare and release information to the media in accordance with this policy and the applicable laws regarding confidentiality. 346.3 ACCESS Authorized media representatives shall be provided access to scenes of disasters, criminal investigations, emergencies, and other law enforcement activities as required by law. Access by the media is subject to the following conditions (Penal Code § 409.5(d)): (a) The media representative shall produce valid press credentials that shall be prominently displayed at all times while in areas otherwise closed to the public. Media representatives may not bring or facilitate the transport of an unauthorized person into a closed area unless it is for the safety of the person. (b) Media representatives may be prevented from interfering with emergency operations and criminal investigations. 1. Based upon available resources, 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 [PIO] or other designated spokesperson. (c) No member of this [department/office] who is under investigation shall be subjected to media visits or interviews without the consent of the involved member (Government Code § 3303(e)). (d) Media interviews with individuals who are in custody should not be permitted without the approval of the Chief of Police and the express consent of the person in custody. 346.3.1 CRITICAL OPERATIONS A critical incident or tactical operation should be handled in the same manner as a crime scene, except the media should not be permitted within the inner perimeter of the incident, subject to any restrictions as determined by the supervisor in charge. [Department/Office] members shall not jeopardize a critical incident or tactical operation in order to accommodate the media. All comments to the media shall be coordinated through a supervisor or the [PIO]. Copyright Lexipol, LLC 2024/03/28, All Rights Reserved. Media Relations - 217 Published with permission by Benicia Police Department Benicia Police Department Benicia PD Policy Manual Benicia PD Policy Manual Media Relations 346.3.2 TEMPORARY FLIGHT RESTRICTIONS Whenever the presence of media or other aircraft pose a threat to public or member safety or significantly hamper incident operations, the field supervisor should consider requesting a Temporary Flight Restriction (TFR). All requests for a TFR should be routed through the Supervisor. 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 (FAA) should be contacted (14 CFR 91.137). 346.4 POLICY It is the policy of the Benicia Police Department to protect the privacy rights of individuals, while releasing non-confidential information to the media regarding topics of public concern. Information that has the potential to negatively affect investigations will not be released. 346.5 PROVIDING ADVANCE INFORMATION To protect the safety and rights of [department/office] members 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 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 a 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. 346.6 MEDIA REQUESTS Any media request for information or access to a law enforcement incident shall be referred to the [PIO], or if unavailable, to the first available supervisor. Prior to releasing any information to the media, members shall consider the following: (a) At no time shall any member of this [department/office] make any comment or release any official information to the media without prior approval from a supervisor or the [PIO]. (b) In situations involving multiple agencies or government departments, 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/office]. (c) Under no circumstance should any member of this [department/office] make any comments to the media regarding any law enforcement incident not involving this [department/office] without prior approval of the Chief of Police. Under these circumstances the member should direct the media to the agency handling the incident. Copyright Lexipol, LLC 2024/03/28, All Rights Reserved. Media Relations - 218 Published with permission by Benicia Police Department Benicia Police Department Benicia PD Policy Manual Benicia PD Policy Manual Media Relations 346.7 CONFIDENTIAL OR RESTRICTED INFORMATION It shall be the responsibility of the [PIO] to ensure that confidential or restricted information is not inappropriately released to the media (see the Records Maintenance and Release and Personnel Records policies). When in doubt, authorized and available legal counsel should be consulted prior to releasing any information. 346.7.1 EMPLOYEE INFORMATION The identities of officers involved in shootings or other critical incidents may only be released to the media upon the consent of the involved officer or upon a formal request filed. Any requests for copies of related reports or additional information not contained in the information log (see the Information Log section in this policy), including the identity of officers involved in shootings or other critical incidents, shall be referred to the [PIO]. Requests should be reviewed and fulfilled by the Custodian of Records, or if unavailable, the Supervisor or the authorized designee. Such requests will be processed in accordance with the provisions of the Records Maintenance and Release Policy and public records laws. 346.8 RELEASE OF INFORMATION The [Department/Office] may routinely release information to the media without receiving a specific request. This may include media releases regarding critical incidents, information of public concern, updates regarding significant incidents, or requests for public assistance in solving crimes or identifying suspects. This information may also be released through the [department/ office] website or other electronic data sources. 346.8.1 INFORMATION LOG The [Department/Office] will maintain a daily information log of significant law enforcement activities. Log entries shall only contain information that is deemed public information and not restricted or confidential by this policy or applicable law. Upon request, the log entries shall be made available to media representatives through the Supervisor. The daily information log will generally include: (a) The date, time, location, case number, type of crime, extent of injury or loss, and names of individuals 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, or the information is confidential (e.g., juveniles or certain victims). (b) The date, time, location, case number, name, birth date, and charges for each person arrested by this [department/office], unless the release of such information would endanger the safety of any individual or jeopardize the successful completion of any ongoing investigation or the information is confidential (e.g., juveniles). (c) The time and location of other significant law enforcement activities or requests for service with a brief summary of the incident. Copyright Lexipol, LLC 2024/03/28, All Rights Reserved. Media Relations - 219 Published with permission by Benicia Police Department Benicia Police Department Benicia PD Policy Manual Benicia PD Policy Manual Media Relations 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 Supervisor (Welfare and Institutions Code § 827.5). Identifying information concerning deceased individuals shall not be released to the media until notification of next of kin or otherwise cleared through the [Medical Examiner/JOP]. Any requests for copies of related reports or additional information not contained in this log shall be referred to the designated [department/office] media representative, the custodian of records, or if unavailable, to the Supervisor. Such requests will generally be processed in accordance with the provisions of the Public Records Act (see the Records Maintenance and Release Policy). Copyright Lexipol, LLC 2024/03/28, All Rights Reserved. Media Relations - 220 Published with permission by Benicia Police Department Policy Benicia Police Department 348 Benicia PD Policy Manual Subpoenas and Court Appearances 348.1 PURPOSE AND SCOPE This policy establishes the guidelines for department members who must appear in court. It will allow the Benicia Police Department to cover any related work absences and keep the Department informed about relevant legal matters. 348.2 POLICY Benicia Police Department members will respond appropriately to all subpoenas and any other court-ordered appearances. 348.3 SUBPOENAS Only department members authorized to receive a subpoena on behalf of this department or any of its members may do so. This may be accomplished by personal service to the officer or by delivery of two copies of the subpoena to the officer's supervisor or other authorized departmental agent (Government Code § 68097.1; Penal Code § 1328(c)). The party that issues a civil subpoena to an officer to testify as a witness must tender the statutory fee of $275 with the subpoena for each day that an appearance is required before service is accepted of the subpoena (Government Code § 68097.2). An immediate supervisor or authorized individual may refuse to accept service for a criminal subpoena if (Penal Code § 1328(d)(e)): (a) He/she knows that he/she will be unable to deliver a copy of the subpoena to the named officer within sufficient time for the named officer to comply with the subpoena. (b) It is less than five working days prior to the date listed for an appearance and he/she is not reasonably certain that service can be completed. If, after initially accepting service of a criminal subpoena, a supervisor or other authorized individual determines that he/she is unable to deliver a copy of the subpoena to the named officer within sufficient time for the named officer to comply with the subpoena, the supervisor or the subpoena clerk shall notify the server or the attorney named on the subpoena of such not less than 48 hours prior to the date listed for the appearance (Penal Code § 1328(f)). 348.3.1 SPECIAL NOTIFICATION REQUIREMENTS Any member 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 members, 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 a member of any such unit of government, as a result of his/her official capacity, is a party. Copyright Lexipol, LLC 2024/03/28, All Rights Reserved. Subpoenas and Court Appearances - 221 Published with permission by Benicia Police Department Benicia Police Department Benicia PD Policy Manual Benicia PD Policy Manual Subpoenas and Court Appearances (c) Any criminal proceeding where the member is called to testify or provide information on behalf of the defense. (d) Any civil action stemming from the member’s on-duty activity or because of his/her association with the Benicia Police Department. (e) Any personnel or disciplinary matter when called to testify or to provide information by a government entity other than the Benicia 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 member shall be retaliated against for testifying in any matter. 348.3.2 CIVIL SUBPOENA The Department will compensate members who appear in their official capacities on civil matters arising out of their official duties, as directed by the current memorandum of understanding or collective bargaining agreement. The Department should seek reimbursement for the member’s compensation through the civil attorney of record who subpoenaed the member. 348.3.3 OFF-DUTY RELATED SUBPOENAS Members receiving valid subpoenas for off-duty actions not related to their employment or appointment will not be compensated for their appearance. Arrangements for time off shall be coordinated through their immediate supervisors. 348.4 FAILURE TO APPEAR Any member who fails to comply with the terms of any properly served subpoena or court-ordered appearance may be subject to discipline. This includes properly served orders to appear that were issued by a state administrative agency. 348.5 STANDBY To facilitate standby agreements, members are required to provide and maintain current information on their addresses and contact telephone numbers with the Department. If a member on standby changes his/her location during the day, the member shall notify the designated department member of how he/she can be reached. Members are required to remain on standby until released by the court or the party that issued the subpoena. 348.6 COURTROOM PROTOCOL When appearing in court, members shall: (a) Be punctual and prepared to proceed immediately with the case for which they are scheduled to appear. (b) Dress in the department uniform or business attire (jury trial appropriate attire is Class A uniform or business attire). Copyright Lexipol, LLC 2024/03/28, All Rights Reserved. Subpoenas and Court Appearances - 222 Published with permission by Benicia Police Department Benicia Police Department Benicia PD Policy Manual Benicia PD Policy Manual Subpoenas and Court Appearances (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. 348.6.1 TESTIMONY Before the date of testifying, the subpoenaed member shall request a copy of relevant reports and become familiar with the content in order to be prepared for court. 348.7 OVERTIME APPEARANCES When a member appears in court on his/her off-duty time, he/she will be compensated in accordance with the current memorandum of understanding or collective bargaining agreement. Copyright Lexipol, LLC 2024/03/28, All Rights Reserved. Subpoenas and Court Appearances - 223 Published with permission by Benicia Police Department Policy Benicia Police Department 352 Benicia PD Policy Manual Outside Agency Assistance 352.1 PURPOSE AND SCOPE The purpose of this policy is to provide guidance to members when requesting or responding to a request for mutual aid or when assisting another law enforcement agency. 352.2 POLICY It is the policy of the Benicia 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. 352.3 ASSISTING OUTSIDE AGENCIES Generally, requests for any type of assistance from another agency should be routed to the Supervisor’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 Supervisor may authorize, if available, an appropriate number of personnel to assist. Members are reminded that their actions when rendering assistance must conform with applicable laws and be consistent with the policies of this department. Officers may respond to a request for emergency assistance, however, they shall notify a supervisor of their activity as soon as practicable. Arrestees may be temporarily detained by this department until arrangements for transportation are made by the outside agency. Probation violators who are temporarily detained by this department will not ordinarily be booked at this department. Only in exceptional circumstances, and subject to supervisor approval, will this department provide transportation of arrestees to other facilities on behalf of another agency. When transportation assistance is rendered, a report shall be prepared and submitted by the handling member unless otherwise directed by a supervisor. 352.3.1 INITIATED ACTIVITY Any on-duty officer who engages in law enforcement activities of any type that are not part of a mutual aid request and take place outside the jurisdiction of the Benicia Police Department shall notify his/her supervisor or the Supervisor and Dispatch as soon as practicable. This requirement does not apply to special enforcement details or multi-agency units that regularly work in multiple jurisdictions. 352.4 REQUESTING OUTSIDE ASSISTANCE If assistance is needed from another agency, the member requesting assistance should, if practicable, first notify a supervisor. The handling member or supervisor should direct assisting personnel to where they are needed and to whom they should report when they arrive. Copyright Lexipol, LLC 2024/03/28, All Rights Reserved. Outside Agency Assistance - 224 Published with permission by Benicia Police Department Benicia Police Department Benicia PD Policy Manual Benicia PD Policy Manual Outside Agency Assistance The requesting member should arrange for appropriate radio communication capabilities, if necessary and available, so that communication can be coordinated between assisting personnel. 352.5 REPORTING REQUIREMENTS Incidents of outside assistance or law enforcement activities that are not documented in a crime report shall be documented in a general case report or as directed by the Supervisor. 352.6 MANDATORY SHARING Equipment and supplies purchased with federal funds or grants that require such equipment and supplies be shared with other agencies should be documented and updated as necessary by the Services Division Commander or the authorized designee. The documentation should include: (a) The conditions relative to sharing. (b) The training requirements for: 1. The use of the supplies and equipment. 2. The members trained in the use of the supplies and equipment. (c) Any other requirements for use of the equipment and supplies. Copies of the documentation should be provided to Dispatch and the Supervisor to ensure use of the equipment and supplies is in compliance with the applicable sharing agreements. The Training Sergeant should maintain documentation that the appropriate members have received the required training. Copyright Lexipol, LLC 2024/03/28, All Rights Reserved. Outside Agency Assistance - 225 Published with permission by Benicia Police Department Policy Benicia Police Department 356 Benicia PD Policy Manual Registered Offender Information 356.1 PURPOSE AND SCOPE This policy establishes guidelines by which the Benicia 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. 356.2 POLICY It is the policy of the Benicia 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. 356.3 REGISTRATION The Investigation 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 (Penal Code § 457.1; Penal Code § 290 et seq.). The refusal of a registrant to provide any of the required information or complete the process should initiate a criminal investigation for failure to register. 356.3.1 CONTENTS OF REGISTRATION The information collected from the registering offenders shall include a signed statement as required by the California DOJ, fingerprints and a photograph, and any other information required by applicable law (Penal Code § 457.1; Penal Code § 290 et seq.). 356.4 MONITORING OF REGISTERED OFFENDERS The Investigations 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. Copyright Lexipol, LLC 2024/03/28, All Rights Reserved. Registered Offender Information - 226 Published with permission by Benicia Police Department Benicia Police Department Benicia PD Policy Manual Benicia PD Policy Manual Registered Offender Information The Investigations supervisor should also establish a procedure to routinely disseminate information regarding registered offenders to Benicia Police Department personnel, including timely updates regarding new or relocated registrants. 356.5 DISSEMINATION OF PUBLIC INFORMATION Members will not unilaterally make a public notification advising the community of a particular registrant's presence in the community. Members who identify a significant risk or other public safety issue associated with a registrant should promptly advise their supervisor. The supervisor should evaluate the request and forward the information to the Chief of Police if warranted. A determination will be made by the Chief of Police, with the assistance of legal counsel as necessary, whether such a public alert should be made. Members of the public requesting information on sex registrants should be provided the Megan's Law website or the Benicia Police Department's website. Information on sex registrants placed on the Benicia Police Department's website shall comply with the requirements of Penal Code § 290.46. The Services Division Lieutenant may release local registered offender information to residents only in accordance with applicable law and in compliance with a California Public Records Act request (Government Code § 7920.000 et seq.; Penal Code § 290.45; Penal Code § 290.46; Penal Code § 457.1). 356.5.1 LIMITED RELEASE WITHIN COLLEGE CAMPUS COMMUNITY California law allows the following additional information regarding a registered sex offender on campus, whose information is not available to the public via the internet website, to be released to a campus community (Penal Code § 290.01(d)): (a) The offender’s full name (b) The offender’s known aliases (c) The offender’s sex (d) The offender’s race (e) The offender’s physical description (f) The offender’s photograph (g) The offender’s date of birth (h) Crimes resulting in the registration of the offender under Penal Code § 290 (i) The date of last registration For purposes of this section, campus community shall be defined as those persons present at or regularly frequenting any place constituting campus property, satellite facilities, laboratories, public areas contiguous to the campus and other areas set forth in Penal Code § 290.01(d). 356.5.2 RELEASE NOTIFICATIONS Registrant information that is released should include notification that: Copyright Lexipol, LLC 2024/03/28, All Rights Reserved. Registered Offender Information - 227 Published with permission by Benicia Police Department Benicia Police Department Benicia PD Policy Manual Benicia PD Policy Manual Registered Offender Information (a) The offender registry includes only those persons who have been required by law to register and who are in compliance with the offender registration laws. (b) The information is provided as a public service and may not be current or accurate. (c) Persons should not rely solely on the offender registry as a safeguard against offenses in their communities. (d) The crime for which a person is convicted may not accurately reflect the level of risk. (e) Anyone who uses information contained in the registry to harass registrants or commit any crime may be subject to criminal prosecution. (f) The purpose of the release of information is to allow members of the public to protect themselves and their children from sex offenders (Penal Code 290.45). Copyright Lexipol, LLC 2024/03/28, All Rights Reserved. Registered Offender Information - 228 Published with permission by Benicia Police Department Policy Benicia Police Department 358 Benicia PD Policy Manual Major Incident Notification 358.1 PURPOSE AND SCOPE The purpose of this policy is to provide guidance to members of this department in determining when, how and to whom notification of major incidents should be made. 358.2 POLICY The Benicia 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. 358.3 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 Policy for special notifications) • Significant injury or death to employee - on or off duty • Death of a prominent Benicia official • Arrest of a department employee or prominent Benicia official • Aircraft crash with major damage and/or injury or death • In-custody deaths 358.4 SUPERVISOR RESPONSIBILITY The Supervisor is responsible for making the appropriate notifications. The Supervisor shall make reasonable attempts to obtain as much information on the incident as possible before notification. The Supervisor shall attempt to make the notifications as soon as practicable. Notification should be made by calling the home telephone number first and then by any other available contact numbers. 358.4.1 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. 358.4.2 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. Copyright Lexipol, LLC 2024/03/28, All Rights Reserved. Major Incident Notification - 229 Published with permission by Benicia Police Department Benicia Police Department Benicia PD Policy Manual Benicia PD Policy Manual Major Incident Notification 358.4.3 PUBLIC INFORMATION OFFICER (PIO) The Public Information Officer shall be called after members of staff have been notified that it appears the media may have a significant interest in the incident. Copyright Lexipol, LLC 2024/03/28, All Rights Reserved. Major Incident Notification - 230 Published with permission by Benicia Police Department Policy Benicia Police Department 360 Benicia PD Policy Manual Death Investigation 360.1 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. 360.2 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. 360.2.1 CORONER REQUEST Government Code § 27491 and Health & Safety Code § 102850 direct the Coroner to inquire into and determine the circumstances, manner and cause of certain deaths. The Coroner shall be called in any of the following cases: (a) Unattended deaths (No physician in attendance or during the continued absence of the attending physician. Also, includes all deaths outside hospitals and nursing care facilities). (b) Deaths where the deceased has not been attended by either a physician or a registered nurse, who is a member of a hospice care interdisciplinary team, as defined by Health and Safety Code § 1746 in the 20 days prior to death. (c) Physician unable to state the cause of death. Unwillingness does not apply. Includes all sudden, unexpected and unusual deaths and fetal deaths when the underlying cause is unknown. (d) Known or suspected homicide. (e) Known or suspected suicide. (f) Involving any criminal action or suspicion of a criminal act. Includes child and dependent adult negligence and abuse. (g) Related to or following known or suspected self-induced or criminal abortion. (h) Associated with a known or alleged rape or crime against nature. (i) Following an accident or injury (primary or contributory). Deaths known or suspected as resulting (in whole or in part) from or related to accident or injury, either old or recent. (j) Drowning, fire, hanging, gunshot, stabbing, cutting, starvation, exposure, alcoholism, drug addiction, strangulation or aspiration. (k) Accidental poisoning (food, chemical, drug, therapeutic agents). Copyright Lexipol, LLC 2024/03/28, All Rights Reserved. Death Investigation - 231 Published with permission by Benicia Police Department Benicia Police Department Benicia PD Policy Manual Benicia PD Policy Manual Death Investigation (l) Occupational diseases or occupational hazards. (m) Known or suspected contagious disease and constituting a public hazard. (n) All deaths in operating rooms and all deaths where a patient has not fully recovered from an anesthetic, whether in surgery, recovery room or elsewhere. (o) In prison or while under sentence. Includes all in-custody and police involved deaths. (p) All deaths of unidentified persons. (q) All deaths of state hospital patients. (r) Suspected Sudden Infant Death Syndrome (SIDS) deaths. (s) All deaths where the patient is comatose throughout the period of the physician’s attendance. Includes patients admitted to hospitals unresponsive and expire without regaining consciousness. The body shall not be disturbed or moved from the position or place of death without permission of the coroner. 360.2.2 SEARCHING DEAD BODIES The Coroner or Deputy Coroner is generally the only person permitted to search a body known to be dead from any of the circumstances set forth in Government Code § 27491. The only exception is that an officer is permitted to search the body of a person killed in a traffic collision for the limited purpose of locating an anatomical donor card (Government Code § 27491.3). If such a donor card is located, the Coroner or a designee shall be promptly notified. Should exigent circumstances indicate to an officer that any search of a known dead body is warranted prior to the arrival of the Coroner or a designee; the investigating officer shall first obtain verbal consent from the Coroner or a designee (Government Code § 27491.2). Whenever possible, a witness, preferably a relative to the deceased or a member of the household, should be requested to remain at the scene with the officer pending the arrival of the Coroner or a designee. The name and address of this person shall be included in the narrative of the death report. Whenever personal effects are removed from the body of the deceased by the Coroner or a designee, a receipt shall be obtained. This receipt shall be attached to the death report. 360.2.3 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. Copyright Lexipol, LLC 2024/03/28, All Rights Reserved. Death Investigation - 232 Published with permission by Benicia Police Department Benicia Police Department Benicia PD Policy Manual Benicia PD Policy Manual Death Investigation 360.2.4 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. 360.2.5 DEATH INVESTIGATION REPORTING All incidents involving a death shall be documented on the appropriate form. 360.2.6 SUSPECTED HOMICIDE If the initially assigned officer suspects that the death involves a homicide or other suspicious circumstances, the Investigations Division shall be notified to determine the possible need for a detective to respond to the scene for further immediate investigation. 360.2.7 EMPLOYMENT RELATED DEATHS OR INJURIES Any member of this agency who responds to and determines that a death, serious illness, or serious injury has occurred as a result of an accident at or in connection with the victim's employment shall ensure that the nearest office of Cal-OSHA is notified by telephone immediately or as soon as practicable with all pertinent information (8 CCR 342(b)). Copyright Lexipol, LLC 2024/03/28, All Rights Reserved. Death Investigation - 233 Published with permission by Benicia Police Department Policy Benicia Police Department 362 Benicia PD Policy Manual Identity Theft 362.1 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. 362.2 REPORTING (a) In an effort to maintain uniformity in reporting, officers presented with the crime of identity theft (Penal Code § 530.6) shall initiate a report for victims residing within the jurisdiction of this department when the crime occurred. For incidents of identity theft occurring outside this jurisdiction, officers should observe the following: 1. For any victim not residing within this jurisdiction, the officer may either take a courtesy report to be forwarded to the victim's residence agency or the victim should be encouraged to promptly report the identity theft to the law enforcement agency where he or she resides. (b) While the crime of identity theft should be reported to the law enforcement agency where the victim resides, officers of this department should investigate and report crimes occurring within this jurisdiction which have resulted from the original identity theft (e.g., the identity theft occurred elsewhere, but the credit card fraud occurred and is reported in this jurisdiction). (c) Officers should include all known incidents of fraudulent activity (e.g., credit card number applied for in victim's name when the victim has never made such an application). (d) Officers should also cross-reference all known reports made by the victim (e.g., U.S. Secret Service, credit reporting bureaus, U.S. Postal Service and DMV) with all known report numbers. (e) The reporting officer should inform victims of identity theft that the California Identity Theft Registry is available to help those who are wrongly linked to crimes. The registry can be checked by law enforcement and other authorized persons to investigate whether a criminal history or want was created in the victim's name (Penal Code § 530.7). Information regarding the California Identity Theft Registry can be obtained by calling toll free (888) 880-0240. (f) Following supervisory review and 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. Copyright Lexipol, LLC 2024/03/28, All Rights Reserved. Identity Theft - 234 Published with permission by Benicia Police Department Policy Benicia Police Department 364 Benicia PD Policy Manual Private Persons Arrests 364.1 PURPOSE AND SCOPE The purpose of this policy is to provide guidance for the handling of private person's arrests made pursuant to Penal Code § 837. 364.2 ADVISING PRIVATE PERSONS OF THE ARREST PROCESS Penal Code § 836(b) expressly mandates that all officers shall advise victims of domestic violence of the right to make a private person's arrest, including advice on how to safely execute such an arrest. In all other situations, officers should use sound discretion in determining whether or not to advise an individual of the arrest process. (a) When advising any individual regarding the right to make a private person's arrest, officers should refrain from encouraging or dissuading any individual from making such an arrest and should instead limit advice to the legal requirements for such an arrest as listed below. (b) Private individuals should be discouraged from using force to effect a private person's arrest, and absent immediate threat to their own safety or the safety of others, private individuals should be encouraged to refer matters to law enforcement officials for further investigation or arrest. 364.3 ARRESTS BY PRIVATE PERSONS Penal Code § 837 provides that a private person may arrest another: (a) For a public offense committed or attempted in his or her presence; (b) When the person arrested has committed a felony, although not in his or her presence; (c) When a felony has been in fact committed, and he or she has reasonable cause for believing the person arrested has committed it. Unlike peace officers, private persons may not make an arrest on suspicion that a felony has been committed - the felony must in fact have taken place. 364.4 OFFICER RESPONSIBILITIES Any officer presented with a private person wishing to make an arrest must determine whether or not there is reasonable cause to believe that such an arrest would be lawful (Penal Code § 847). (a) Should any officer determine that there is no reasonable cause to believe that a private person's arrest is lawful, the officer should take no action to further detain or restrain the individual beyond that which reasonably appears necessary to investigate the matter, determine the lawfulness of the arrest and protect the public safety. 1. Any officer who determines that a private person's arrest appears to be unlawful should promptly release the arrested individual pursuant to Penal Code § 849(b) (1). The officer must include the basis of such a determination in a related report. Copyright Lexipol, LLC 2024/03/28, All Rights Reserved. Private Persons Arrests - 235 Published with permission by Benicia Police Department Benicia Police Department Benicia PD Policy Manual Benicia PD Policy Manual Private Persons Arrests 2. Absent reasonable cause to support a private person's arrest or other lawful grounds to support an independent arrest by the officer, the officer should advise the parties that no arrest will be made and that the circumstances will be documented in a related report. (b) Whenever an officer determines that there is reasonable cause to believe that a private person's arrest is lawful, the officer may exercise any of the following options: 1. Take the individual into physical custody for booking 2. Release the individual pursuant to a Notice to Appear 3. Release the individual pursuant to Penal Code § 849 364.5 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 Arrest and Detention form under penalty of perjury. In addition to the Arrest and Detention 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. Copyright Lexipol, LLC 2024/03/28, All Rights Reserved. Private Persons Arrests - 236 Published with permission by Benicia Police Department Policy Benicia Police Department 368 Benicia PD Policy Manual Limited English Proficiency Services 368.1 PURPOSE AND SCOPE This policy provides guidance to members when communicating with individuals with limited English proficiency (LEP) (42 USC § 2000d). 368.1.1 DEFINITIONS Definitions related to this policy include: Authorized interpreter - A person who has been screened and authorized by the Department to act as an interpreter and/or translator for others. Interpret or interpretation - The act of listening to a communication in one language (source language) and orally converting it to another language (target language), while retaining the same meaning. Limited English proficient (LEP) - Any individual whose primary language is not English and who has a limited ability to read, write, speak or understand English. These individuals may be competent in certain types of communication (e.g., speaking or understanding) but still be LEP for other purposes (e.g., reading or writing). Similarly, LEP designations are context-specific; an individual may possess sufficient English language skills to function in one setting but these skills may be insufficient in other situations. Qualified bilingual member - A member of the Benicia Police Department, designated by the Department, who has the ability to communicate fluently, directly and accurately in both English and another language. Bilingual members may be fluent enough to communicate in a non-English language but may not be sufficiently fluent to interpret or translate from one language into another. Translate or translation - The replacement of written text from one language (source language) into an equivalent written text (target language). 368.2 POLICY It is the policy of the Benicia 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. 368.3 LEP COORDINATOR The Chief of Police shall delegate certain responsibilities to an LEP Coordinator. The LEP Coordinator shall be appointed by, and directly responsible to, the Patrol Division Commander or the authorized designee. The responsibilities of the LEP Coordinator include, but are not limited to: Copyright Lexipol, LLC 2024/03/28, All Rights Reserved. Limited English Proficiency Services - 237 Published with permission by Benicia Police Department Benicia Police Department Benicia PD Policy Manual Benicia PD Policy Manual Limited English Proficiency Services (a) Coordinating and implementing all aspects of the Benicia 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 Supervisor and Dispatch Supervisor. The list should include information regarding the following: 1. Languages spoken 2. Contact information 3. Availability (d) Ensuring signage stating that interpreters are available free of charge to LEP individuals is posted in appropriate areas and in the most commonly spoken languages. (e) Reviewing existing and newly developed documents to determine which are vital documents and should be translated, and into which languages the documents should be translated. (f) Annually assessing demographic data and other resources, including contracted language services utilization data and community-based organizations, to determine if there are additional documents or languages that are appropriate for translation. (g) Identifying standards and assessments to be used by the Department to qualify individuals as qualified bilingual members or authorized interpreters. (h) Periodically reviewing efforts of the Department in providing meaningful access to LEP individuals, and, as appropriate, developing reports, new procedures or recommending modifications to this policy. (i) Receiving and responding to complaints regarding department LEP services. (j) Ensuring appropriate processes are in place to provide for the prompt and equitable resolution of complaints and inquiries regarding discrimination in access to department services, programs and activities. 368.4 FOUR-FACTOR ANALYSIS Since there are many different languages that members could encounter, the Department will utilize the four-factor analysis outlined in the U.S. Department of Justice (DOJ) Guidance to Federal Financial Assistance Recipients, available at the DOJ website, to determine which measures will provide meaningful access to its services and programs. It is recognized that law enforcement contacts and circumstances will vary considerably. This analysis, therefore, must remain flexible and will require an ongoing balance of four factors, which are: Copyright Lexipol, LLC 2024/03/28, All Rights Reserved. Limited English Proficiency Services - 238 Published with permission by Benicia Police Department Benicia Police Department Benicia PD Policy Manual Benicia PD Policy Manual Limited English Proficiency Services (a) The number or proportion of LEP individuals eligible to be served or likely to be encountered by department members, or who may benefit from programs or services within the jurisdiction of the Department or a particular geographic area. (b) The frequency with which LEP individuals are likely to come in contact with department members, programs or services. (c) The nature and importance of the contact, program, information or service provided. (d) The cost of providing LEP assistance and the resources available. 368.5 TYPES OF LEP ASSISTANCE AVAILABLE Benicia Police Department members should never refuse service to an LEP individual who is requesting assistance, nor should they require an LEP individual to furnish an interpreter as a condition for receiving assistance. The Department will make every reasonable effort to provide meaningful and timely assistance to LEP individuals through a variety of services. The Department will utilize all reasonably available tools, such as language identification cards, when attempting to determine an LEP individual's primary language. LEP individuals may choose to accept department-provided LEP services at no cost or they may choose to provide their own. Department-provided LEP services may include, but are not limited to, the assistance methods described in this policy. 368.6 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. 368.7 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. 368.8 QUALIFIED BILINGUAL MEMBERS Bilingual members may be qualified to provide LEP services when they have demonstrated through established department procedures a sufficient level of skill and competence to fluently communicate in both English and a non-English language. Members utilized for LEP services must demonstrate knowledge of the functions of an interpreter/translator and the ethical issues involved when acting as a language conduit. Additionally, bilingual members must be able to communicate technical and law enforcement terminology, and be sufficiently proficient in the non-English language to perform complicated tasks, such as conducting interrogations, taking statements, collecting evidence or conveying rights or responsibilities. Copyright Lexipol, LLC 2024/03/28, All Rights Reserved. Limited English Proficiency Services - 239 Published with permission by Benicia Police Department Benicia Police Department Benicia PD Policy Manual Benicia PD Policy Manual Limited English Proficiency Services When a qualified bilingual member 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. 368.9 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. 368.9.1 SOURCES OF AUTHORIZED INTERPRETERS The Department may contract with authorized interpreters who are available over the telephone. Members may use these services with the approval of a supervisor and in compliance with established procedures. Other sources may include: • Qualified bilingual members of this department or personnel from other 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. Copyright Lexipol, LLC 2024/03/28, All Rights Reserved. Limited English Proficiency Services - 240 Published with permission by Benicia Police Department Benicia Police Department Benicia PD Policy Manual Benicia PD Policy Manual Limited English Proficiency Services 368.9.2 COMMUNITY VOLUNTEERS AND OTHER SOURCES OF LANGUAGE ASSISTANCE Language assistance may be available from community volunteers who have demonstrated competence in either monolingual (direct) communication and/or in interpretation or translation (as noted in above), and have been approved by the Department to communicate with LEP individuals. Where qualified bilingual members or other authorized interpreters are unavailable to assist, approved community volunteers who have demonstrated competence may be called upon when appropriate. However, department members must carefully consider the nature of the contact and the relationship between the LEP individual and the volunteer to ensure that the volunteer can provide neutral and unbiased assistance. While family or friends of an LEP individual may offer to assist with communication or interpretation, members should carefully consider the circumstances before relying on such individuals. For example, children should not be relied upon except in exigent or very informal and non-confrontational situations. 368.10 CONTACT AND REPORTING While all law enforcement contacts, services and individual rights are important, this department will utilize the four-factor analysis to prioritize service to LEP individuals so that such services may be targeted where they are most needed, according to the nature and importance of the particular law enforcement activity involved. Whenever any member of this department is required to complete a report or other documentation, and interpretation services are provided to any involved LEP individual, such services should be noted in the related report. Members should document the type of interpretation services utilized and whether the individual elected to use services provided by the Department or some other identified source. 368.11 RECEIVING AND RESPONDING TO REQUESTS FOR ASSISTANCE The Benicia Police Department will take reasonable steps and will work with the Human Resources Department to develop in-house language capacity by hiring or appointing qualified members proficient in languages representative of the community being served. 368.11.1 EMERGENCY CALLS TO 9-1-1 Department members will make every reasonable effort to promptly accommodate LEP individuals utilizing 9-1-1 lines. When a 9-1-1 call-taker receives a call and determines that the caller is an LEP individual, the call-taker shall quickly determine whether sufficient information can be obtained to initiate an appropriate emergency response. If language assistance is still needed, the language is known and a qualified bilingual member is available in Dispatch, the call shall immediately be handled by the qualified bilingual member. If a qualified bilingual member is not available or the call-taker is unable to identify the caller's language, the call-taker will contact the contracted telephone interpretation service and establish a three-way call between the call-taker, the LEP individual and the interpreter. Copyright Lexipol, LLC 2024/03/28, All Rights Reserved. Limited English Proficiency Services - 241 Published with permission by Benicia Police Department Benicia Police Department Benicia PD Policy Manual Benicia PD Policy Manual Limited English Proficiency Services Dispatchers will make every reasonable effort to dispatch a qualified bilingual member to the assignment, if available and appropriate. While 9-1-1 calls shall receive top priority, reasonable efforts should also be made to accommodate LEP individuals seeking routine access to services and information by utilizing the resources listed in this policy. 368.12 FIELD ENFORCEMENT Field enforcement will generally include such contacts as traffic stops, pedestrian stops, serving warrants and restraining orders, crowd/traffic control and other routine field contacts that may involve LEP individuals. The scope and nature of these activities and contacts will inevitably vary. Members and/or supervisors must assess each situation to determine the need and availability of language assistance to all involved LEP individuals and utilize the methods outlined in this policy to provide such assistance. Although not every situation can be addressed in this policy, it is important that members are able to effectively communicate the reason for a contact, the need for information and the meaning or consequences of any enforcement action. For example, it would be meaningless to request consent to search if the officer is unable to effectively communicate with an LEP individual. If available, officers should obtain the assistance of a qualified bilingual member or an authorized interpreter before placing an LEP individual under arrest. 368.13 INVESTIGATIVE FIELD INTERVIEWS In any situation where an interview may reveal information that could be used as the basis for arrest or prosecution of an LEP individual and a qualified bilingual member is unavailable or lacks the skills to directly communicate with the LEP individual, an authorized interpreter should be used. This includes interviews conducted during an investigation with victims, witnesses and suspects. In such situations, audio recordings of the interviews should be made when reasonably possible. Identification and contact information for the interpreter (e.g., name, address) should be documented so that the person can be subpoenaed for trial if necessary. If an authorized interpreter is needed, officers should consider calling for an authorized interpreter in the following order: • An authorized department member or allied agency interpreter • An authorized telephone interpreter • Any other authorized interpreter Any Miranda warnings shall be provided to suspects in their primary language by an authorized interpreter or, if the suspect is literate, by providing a translated Miranda warning card. The use of an LEP individual's bilingual friends, family members, children, neighbors or bystanders may be used only when a qualified bilingual member or authorized interpreter is unavailable and there is an immediate need to interview an LEP individual. Copyright Lexipol, LLC 2024/03/28, All Rights Reserved. Limited English Proficiency Services - 242 Published with permission by Benicia Police Department Benicia Police Department Benicia PD Policy Manual Benicia PD Policy Manual Limited English Proficiency Services 368.14 CUSTODIAL INTERROGATIONS Miscommunication during custodial interrogations may have a substantial impact on the evidence presented in a criminal prosecution. Only qualified bilingual members or, if none is available or appropriate, authorized interpreters shall be used during custodial interrogations. Miranda warnings shall be provided to suspects in their primary language by the qualified bilingual member or an authorized interpreter. In order to ensure that translations during custodial interrogations are accurately documented and are admissible as evidence, interrogations should be recorded whenever reasonably possible. See guidance on recording custodial interrogations in the Investigation and Prosecution Policy. 368.15 BOOKINGS When gathering information during the booking process, members should remain alert to the impediments that language barriers can create. In the interest of the arrestee's health and welfare, the safety and security of the facility, and to protect individual rights, it is important that accurate medical screening and booking information be obtained. Members should seek the assistance of a qualified bilingual member whenever there is concern that accurate information cannot be obtained or that booking instructions may not be properly understood by an LEP individual. 368.16 COMPLAINTS The Department shall ensure that LEP individuals who wish to file a complaint regarding members of this department are able to do so. The Department may provide an authorized interpreter or translated forms, as appropriate. Complaints will be referred to the LEP Coordinator. Investigations into such complaints shall be handled in accordance with the Personnel Complaints Policy. Authorized interpreters used for any interview with an LEP individual during an investigation should not be members of this department. Any notice required to be sent to an LEP individual as a complaining party pursuant to the Personnel Complaints Policy should be translated or otherwise communicated in a language- accessible manner. 368.17 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. 368.18 TRAINING To ensure that all members who may have contact with LEP individuals are properly trained, the Department will provide periodic training on this policy and related procedures, including how to access department-authorized telephonic and in-person interpreters and other available resources. Copyright Lexipol, LLC 2024/03/28, All Rights Reserved. Limited English Proficiency Services - 243 Published with permission by Benicia Police Department Benicia Police Department Benicia PD Policy Manual Benicia PD Policy Manual Limited English Proficiency Services The Training Sergeant shall be responsible for ensuring new members receive LEP training. Those who may have contact with LEP individuals should receive refresher training at least once every two years thereafter. The Training Sergeant shall maintain records of all LEP training provided, and will retain a copy in each member's training file in accordance with established records retention schedules. 368.18.1 TRAINING FOR AUTHORIZED INTERPRETERS All members on the authorized interpreter list must successfully complete prescribed interpreter training. To complete interpreter training successfully, an interpreter must demonstrate proficiency in and ability to communicate information accurately in both English and in the target language, demonstrate knowledge in both languages of any specialized terms or phraseology, and understand and adhere to the interpreter role without deviating into other roles, such as counselor or legal adviser. Members on the authorized interpreter list must receive refresher training annually or they will be removed from the authorized interpreter list. This annual training should include language skills competency (including specialized terminology) and ethical considerations. The Training Sergeant shall be responsible for coordinating the annual refresher training and will maintain a record of all training the interpreters have received. Copyright Lexipol, LLC 2024/03/28, All Rights Reserved. Limited English Proficiency Services - 244 Published with permission by Benicia Police Department Policy Benicia Police Department 370 Benicia PD Policy Manual Communications with Persons with Disabilities 370.1 PURPOSE AND SCOPE This policy provides guidance to members when communicating with individuals with disabilities, including those who are deaf or hard of hearing, have impaired speech or vision, or are blind. 370.1.1 DEFINITIONS Definitions related to this policy include: Auxiliary aids - Tools used to communicate with people who have a disability or impairment. They include, but are not limited to, the use of gestures or visual aids to supplement oral communication; a notepad and pen or pencil to exchange written notes; a computer or typewriter; an assistive listening system or device to amplify sound; a teletypewriter (TTY) or videophones (video relay service or VRS); taped text; qualified readers; or a qualified interpreter. Disability or impairment - A physical or mental impairment that substantially limits a major life activity, including hearing or seeing, regardless of whether the disabled person uses assistive or adaptive devices or auxiliary aids. Individuals who wear ordinary eyeglasses or contact lenses are not considered to have a disability (42 USC § 12102). Qualified interpreter - A person who is able to interpret effectively, accurately and impartially, both receptively and expressively, using any necessary specialized vocabulary. Qualified interpreters include oral interpreters, translators, sign language interpreters and intermediary interpreters. 370.2 POLICY It is the policy of the Benicia Police Department to reasonably ensure that people with disabilities, including victims, witnesses, suspects and arrestees have equal access to law enforcement services, programs and activities. Members must make efforts to communicate effectively with individuals with disabilities. The Department will not discriminate against or deny any individual access to services, rights or programs based upon disabilities. 370.3 AMERICANS WITH DISABILITIES (ADA) COORDINATOR The Chief of Police shall delegate certain responsibilities to an ADA Coordinator (28 CFR 35.107). The ADA Coordinator shall be appointed by, and directly responsible, to the Patrol 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 Benicia Police Department’s efforts to ensure equal access to services, programs and activities. (b) Developing reports, new procedures, or recommending modifications to this policy. Copyright Lexipol, LLC 2024/03/28, All Rights Reserved. Communications with Persons with Disabilities Published with permission by Benicia Police Department - 245 Benicia Police Department Benicia PD Policy Manual Benicia PD Policy Manual Communications with Persons with Disabilities (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 Supervisor and Dispatch Supervisor. The list should include information regarding the following: 1. Contact information 2. Availability (e) Developing procedures that will enable members to access auxiliary aids or services, including qualified interpreters, and ensure the procedures are available to all members. (f) Ensuring signage is posted in appropriate areas, indicating that auxiliary aids are available free of charge to people with disabilities. (g) Ensuring appropriate processes are in place to provide for the prompt and equitable resolution of complaints and inquiries regarding discrimination in access to department services, programs and activities. 370.4 FACTORS TO CONSIDER Because the nature of any law enforcement contact may vary substantially from one situation to the next, members of this department should consider all information reasonably available to them when determining how to communicate with an individual with a disability. Members should carefully balance all known factors in an effort to reasonably ensure people who are disabled have equal access to services, programs and activities. These factors may include, but are not limited to: (a) Members should not always assume that effective communication is being achieved. The fact that an individual appears to be nodding in agreement does not always mean he/she completely understands the message. When there is any doubt, members should ask the individual to communicate back or otherwise demonstrate their understanding. (b) The nature of the disability (e.g., deafness or blindness vs. hard of hearing or low vision). (c) The nature of the law enforcement contact (e.g., emergency vs. non-emergency, custodial vs. consensual contact). (d) The availability of auxiliary aids. The fact that a particular aid is not available does not eliminate the obligation to reasonably ensure access. However, in an emergency, availability may factor into the type of aid used. 370.5 INITIAL AND IMMEDIATE CONSIDERATIONS Recognizing that various law enforcement encounters may be potentially volatile and/or emotionally charged, members should remain alert to the possibility of communication problems. Copyright Lexipol, LLC 2024/03/28, All Rights Reserved. Communications with Persons with Disabilities Published with permission by Benicia Police Department - 246 Benicia Police Department Benicia PD Policy Manual Benicia PD Policy Manual Communications with Persons with Disabilities Members should exercise special care in the use of all gestures, and verbal and written communication to minimize initial confusion and misunderstanding when dealing with any individual with known or suspected disabilities. In a non-emergency situation, when a member knows or suspects an individual requires assistance to effectively communicate, the member shall identify the individual’s choice of auxiliary aid or service. The individual’s preferred communication method must be honored unless another effective method of communication exists under the circumstances (28 CFR 35.160). Factors to consider when determining whether an alternative method is effective include: (a) The methods of communication usually used by the individual. (b) The nature, length and complexity of the communication involved. (c) The context of the communication. In emergency situations involving an imminent threat to the safety or welfare of any person, members may use whatever auxiliary aids and services that reasonably appear effective under the circumstances. This may include, for example, exchanging written notes or using the services of a person who knows sign language but is not a qualified interpreter, even if the person who is deaf or hard of hearing would prefer a qualified sign language interpreter or another appropriate auxiliary aid or service. Once the emergency has ended, the continued method of communication should be reconsidered. The member should inquire as to the individual's preference and give primary consideration to that preference. If an individual who is deaf, hard of hearing or has impaired speech must be handcuffed while in the custody of the Benicia 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. 370.6 TYPES OF ASSISTANCE AVAILABLE Benicia Police Department members shall never refuse to assist an individual with disabilities who is requesting assistance. The Department will not charge anyone to receive auxiliary aids, nor shall they require anyone to furnish their own auxiliary aid or service as a condition for receiving assistance. The Department will make every reasonable effort to provide equal access and timely assistance to individuals who are disabled through a variety of services. A person who is disabled may choose to accept department-provided auxiliary aids or services or they may choose to provide their own. Department-provided auxiliary aids or services may include, but are not limited to, the assistance methods described in this policy. Copyright Lexipol, LLC 2024/03/28, All Rights Reserved. Communications with Persons with Disabilities Published with permission by Benicia Police Department - 247 Benicia Police Department Benicia PD Policy Manual Benicia PD Policy Manual Communications with Persons with Disabilities 370.7 AUDIO RECORDINGS AND ENLARGED PRINT The Department may develop audio recordings to assist people who are blind or have a visual impairment with accessing important information. If such a recording is not available, members may read aloud from the appropriate form, for example a personnel complaint form, or provide forms with enlarged print. 370.8 QUALIFIED INTERPRETERS A qualified interpreter may be needed in lengthy or complex transactions (e.g., interviewing a victim, witness, suspect or arrestee), if the individual to be interviewed normally relies on sign language or speechreading (lip-reading) to understand what others are saying. The qualified interpreter should not be a person with an interest in the case or investigation involving the disabled individual. A person providing interpretation services may be required to establish the accuracy and trustworthiness of the interpretation in a court proceeding. Qualified interpreters should be: (a) Available within a reasonable amount of time but in no event longer than one hour if requested. (b) Experienced in providing interpretation services related to law enforcement matters. (c) Familiar with the use of VRS and/or video remote interpreting services. (d) Certified in either American Sign Language (ASL) or Signed English (SE). (e) Able to understand and adhere to the interpreter role without deviating into other roles, such as counselor or legal adviser. (f) Knowledgeable of the ethical issues involved when providing interpreter services. Members should use department-approved procedures to request a qualified interpreter at the earliest reasonable opportunity, and generally not more than 15 minutes after a request for an interpreter has been made or it is reasonably apparent that an interpreter is needed. No individual who is disabled shall be required to provide his/her own interpreter (28 CFR 35.160). 370.9 TTY AND RELAY SERVICES In situations where an individual without a disability would have access to a telephone (e.g., booking or attorney contacts), members must also provide those who are deaf, hard of hearing or have impaired speech the opportunity to place calls using an available TTY (also known as a telecommunications device for deaf people, or TDD). Members shall provide additional time, as needed, for effective communication due to the slower nature of TTY and TDD communications. The Department will accept all TTY or TDD calls placed by those who are deaf or hard of hearing and received via a telecommunications relay service (28 CFR 35.162). Note that relay services translate verbatim, so the conversation must be conducted as if speaking directly to the caller. Copyright Lexipol, LLC 2024/03/28, All Rights Reserved. Communications with Persons with Disabilities Published with permission by Benicia Police Department - 248 Benicia Police Department Benicia PD Policy Manual Benicia PD Policy Manual Communications with Persons with Disabilities 370.10 COMMUNITY VOLUNTEERS Interpreter services may be available from community volunteers who have demonstrated competence in communication services, such as ASL or SE, and have been approved by the Department to provide interpreter services. Where qualified interpreters are unavailable to assist, approved community volunteers who have demonstrated competence may be called upon when appropriate. However, department members must carefully consider the nature of the contact and the relationship between the individual with the disability and the volunteer to ensure that the volunteer can provide neutral and unbiased assistance. 370.11 FAMILY AND FRIENDS While family or friends may offer to assist with interpretation, members should carefully consider the circumstances before relying on such individuals. The nature of the contact and relationship between the individual with the disability and the person offering services must be carefully considered (e.g., victim/suspect). Children shall not be relied upon except in emergency or critical situations when there is no qualified interpreter reasonably available. Adults may be relied upon when (28 CFR 35.160): (a) There is an emergency or critical situation and there is no qualified interpreter reasonably available. (b) The person with the disability requests that the adult interpret or facilitate communication and the adult agrees to provide such assistance, and reliance on that adult for such assistance is reasonable under the circumstances. 370.12 REPORTING Whenever any member of this department is required to complete a report or other documentation, and communication assistance has been provided, such services should be noted in the related report. Members should document the type of communication services utilized and whether the individual elected to use services provided by the Department or some other identified source. If the individual’s express preference is not honored, the member must document why another method of communication was used. All written communications exchanged in a criminal case shall be attached to the report or placed into evidence. 370.13 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. Copyright Lexipol, LLC 2024/03/28, All Rights Reserved. Communications with Persons with Disabilities Published with permission by Benicia Police Department - 249 Benicia Police Department Benicia PD Policy Manual Benicia PD Policy Manual Communications with Persons with Disabilities The Department recognizes that it would be virtually impossible to provide immediate access to complete communication services to every member of this department. Members and/or supervisors must assess each situation and consider the length, complexity and importance of the communication, as well as the individual’s preferred method of communication, when determining the type of resources to use and whether a qualified interpreter is needed. Although not every situation can be addressed in this policy, it is important that members are able to effectively communicate the reason for a contact, the need for information and the meaning or consequences of any enforcement action. For example, it would be meaningless to verbally request consent to search if the officer is unable to effectively communicate with an individual who is deaf or hard of hearing and requires communications assistance. If available, officers should obtain the assistance of a qualified interpreter before placing an individual with a disability under arrest. Individuals who are arrested and are assisted by service animals should be permitted to make arrangements for the care of such animals prior to transport. 370.13.1 FIELD RESOURCES Examples of methods that may be sufficient for transactions, such as checking a license or giving directions to a location or for urgent situations such as responding to a violent crime in progress, may, depending on the circumstances, include such simple things as: (a) Hand gestures or visual aids with an individual who is deaf, hard of hearing or has impaired speech. (b) Exchange of written notes or communications. (c) Verbal communication with an individual who can speechread by facing the individual and speaking slowly and clearly. (d) Use of computer, word processing, personal communication device or similar device to exchange texts or notes. (e) Slowly and clearly speaking or reading simple terms to individuals who have a visual or mental impairment. Members should be aware that these techniques may not provide effective communication as required by law and this policy depending on the circumstances. 370.14 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 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. Copyright Lexipol, LLC 2024/03/28, All Rights Reserved. Communications with Persons with Disabilities Published with permission by Benicia Police Department - 250 Benicia Police Department Benicia PD Policy Manual Benicia PD Policy Manual Communications with Persons with Disabilities 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. 370.15 ARREST AND BOOKINGS If an individual with speech or hearing disabilities is arrested, the arresting officer shall use department-approved procedures to provide a qualified interpreter at the place of arrest or booking as soon as reasonably practicable, unless the individual indicates that he/she prefers a different auxiliary aid or service or the officer reasonably determines another effective method of communication exists under the circumstances. When gathering information during the booking process, members should remain alert to the impediments that often exist when communicating with those who are deaf, hard of hearing, who have impaired speech or vision, are blind, or have other disabilities. In the interest of the arrestee’s health and welfare, the safety and security of the facility and to protect individual rights, it is important that accurate medical screening and booking information be obtained. If necessary, members should seek the assistance of a qualified interpreter whenever there is concern that accurate information cannot be obtained or that booking instructions may not be properly understood by the individual. Individuals who require and possess personally owned communication aids (e.g., hearing aids, cochlear processors) should be permitted to retain them while in custody. 370.16 COMPLAINTS The Department shall ensure that individuals with disabilities who wish to file a complaint regarding members of this department are able to do so. The Department may provide a qualified interpreter or forms in enlarged print, as appropriate. Complaints will be referred to the department ADA Coordinator. Investigations into such complaints shall be handled in accordance with the Personnel Complaints Policy. Qualified interpreters used during the investigation of a complaint should not be members of this Department. 370.17 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. 370.18 TRAINING To ensure that all members who may have contact with individuals who are disabled are properly trained, the Department will provide periodic training that should include: (a) Awareness and understanding of this policy and related procedures, related forms and available resources. Copyright Lexipol, LLC 2024/03/28, All Rights Reserved. Communications with Persons with Disabilities Published with permission by Benicia Police Department - 251 Benicia Police Department Benicia PD Policy Manual Benicia PD Policy Manual Communications with Persons with Disabilities (b) Procedures for accessing qualified interpreters and other available resources. (c) Working with in-person and telephone interpreters and related equipment. The Training Sergeant shall be responsible for ensuring new members receive training related to interacting with individuals who have disabilities, including individuals who are deaf, hard of hearing, who have impaired speech or vision, or are blind. Those who may have contact with such individuals should receive refresher training at least once every two years thereafter. The Training Sergeant shall maintain records of all training provided, and will retain a copy in each member’s training file in accordance with established records retention schedules. 370.18.1 CALL-TAKER TRAINING Emergency call-takers shall be trained in the use of TTY equipment protocols for communicating with individuals who are deaf, hard of hearing or who have speech impairments. Such training and information should include: (a) The requirements of the ADA and Section 504 of the Rehabilitation Act for telephone emergency service providers. (b) ASL syntax and accepted abbreviations. (c) Practical instruction on identifying and processing TTY or TDD calls, including the importance of recognizing silent TTY or TDD calls, using proper syntax, abbreviations and protocol when responding to TTY or TDD calls. (d) Hands-on experience in TTY and TDD communications, including identification of TTY or TDD tones. Training should be mandatory for all Dispatch members who may have contact with individuals from the public who are deaf, hard of hearing or have impaired speech. Refresher training should occur every six months. Copyright Lexipol, LLC 2024/03/28, All Rights Reserved. Communications with Persons with Disabilities Published with permission by Benicia Police Department - 252 Policy Benicia Police Department 372 Benicia PD Policy Manual Mandatory Employer Notification 372.1 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. 372.2 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. 372.2.1 ARREST OF PUBLIC SCHOOL TEACHER In the event a public school teacher is arrested for any controlled substance offense enumerated in Health and Safety Code § 11591 or Health and Safety Code § 11364, in so far as that section relates to Health and Safety Code § 11054(d)(12), or for any of the offenses enumerated in Penal Code § 290, Penal Code § 261(a), or Education Code § 44010, the Chief of Police or his/her designee is mandated to immediately notify by telephone the superintendent of the school district employing the teacher and to immediately give written notice of the arrest to the Commission on Teacher Credentialing and to the superintendent of schools in the county where the person is employed (Health and Safety Code § 11591; Penal Code § 291). 372.2.2 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 Health and Safety Code § 11591 or Health and Safety Code § 11364, in so far as that section relates to Health and Safety Code § 11054(d)(12), or for any of the offenses enumerated in Penal Code § 290, Penal Code § 261(a), or Education Code § 44010, the Chief of Police or his/her designee is mandated to immediately notify by telephone the superintendent of the school district employing the non-teacher and to immediately give written notice of the arrest to the governing board of the school district employing the person (Health and Safety Code § 11591; Penal Code § 291). 372.2.3 ARREST OF PRIVATE SCHOOL TEACHER In the event a private school teacher is arrested for any controlled substance offense enumerated in Health and Safety Code § 11591 or Health and Safety Code § 11364, in so far as that section relates to Health and Safety Code § 11054(d)(12), or for any of the offenses enumerated in Penal Code § 290 or Education Code § 44010, the Chief of Police or his/her designee is mandated to immediately notify by telephone the private school authority employing the teacher and to immediately give written notice of the arrest to the private school authority employing the teacher (Health and Safety Code § 11591; Penal Code § 291.1). 372.2.4 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 Health and Safety Code § 11591.5 or Health Copyright Lexipol, LLC 2024/03/28, All Rights Reserved. Mandatory Employer Notification - 253 Published with permission by Benicia Police Department Benicia Police Department Benicia PD Policy Manual Benicia PD Policy Manual Mandatory Employer Notification and Safety § 11364, in so far as that section relates to Health and Safety Code § 11054(d)(9), or for any of the offenses enumerated in Penal Code § 290 or in Penal Code § 261(a)(1), the Chief of Police or the authorized designee is mandated to immediately notify by telephone the superintendent of the community college district employing the person, and shall immediately give written notice of the arrest to the California Community Colleges Chancellor’s Office (Health and Safety Code § 11591.5; Penal Code § 291.5). 372.3 POLICY The Benicia Police Department will meet the reporting requirements of California law to minimize the risks to children and others. 372.4 ARREST OF PERSONS EMPLOYED IN COMMUNITY CARE FACILITIES In the event an employee of a community treatment facility, a day treatment facility, a group home, a short-term residential therapeutic program or a foster family agency is arrested for child abuse (as defined in Penal Code § 11165.6) and the employee is free to return to work where children are present, the investigating member shall notify the licensee of the charge of abuse (Health and Safety Code § 1522.2). Copyright Lexipol, LLC 2024/03/28, All Rights Reserved. Mandatory Employer Notification - 254 Published with permission by Benicia Police Department Policy Benicia Police Department 374 Benicia PD Policy Manual Biological Samples 374.1 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. 374.2 POLICY The Benicia 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. 374.3 PERSONS SUBJECT TO DNA COLLECTION Those who must submit a biological sample include (Penal Code § 296): (a) A person, including a juvenile, upon conviction or other adjudication of any felony offense. (b) A person, including a juvenile, upon conviction or other adjudication of any offense if the person has a prior felony on record. (c) An adult arrested or charged with any felony. 374.4 PROCEDURE When an individual is required to provide a biological sample, a trained employee shall obtain the sample in accordance with this policy. 374.4.1 COLLECTION The following steps should be taken to collect a sample: (a) Verify that the individual is required to provide a sample pursuant to Penal Code § 296; Penal Code § 296.1. (b) Verify that a biological sample has not been previously collected from the offender by querying the individual's criminal history record for a DNA collection flag or, during regular business hours, calling the California Department of Justice (DOJ) designated DNA laboratory. There is no need to obtain a biological sample if one has been previously obtained. (c) Use a DNA buccal swab collection kit provided by the California DOJ to perform the collection and take steps to avoid cross contamination. 374.5 USE OF FORCE TO OBTAIN SAMPLES If a person refuses to cooperate with the sample collection process, officers should attempt to identify the reason for refusal and seek voluntary compliance without resorting to using force. Force will not be used in the collection of samples except as authorized by court order and only Copyright Lexipol, LLC 2024/03/28, All Rights Reserved. Biological Samples - 255 Published with permission by Benicia Police Department Benicia Police Department Benicia PD Policy Manual Benicia PD Policy Manual Biological Samples 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. 374.5.1 VIDEO RECORDING A video recording should be made anytime force is used to obtain a biological sample. The recording should document all staff participating in the process, in addition to the methods and all force used during the collection. The recording should be part of the investigation file, if any, or otherwise retained in accordance with the department’s records retention schedule (15 CCR 1059). 374.5.2 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/Office] for the length of time required by statute. Notwithstanding the use of the video as evidence in a criminal proceeding, the tape shall be retained administratively (15 CCR 1059). 374.6 LEGAL MANDATES AND RELEVANT LAWS California law provides for the following: 374.6.1 DOCUMENTATION RELATED TO FORCE The Supervisor or the on-duty authorized designee shall prepare prior written authorization for the use of any force (15 CCR 1059). The written authorization shall include information that the subject was asked to provide the requisite specimen, sample, or impression and refused, as well as the related court order authorizing the force. 374.6.2 BLOOD SAMPLES A blood sample should only be obtained under this policy when: (a) The California DOJ requests a blood sample and the subject consents, or (b) A court orders a blood sample following a refusal. Copyright Lexipol, LLC 2024/03/28, All Rights Reserved. Biological Samples - 256 Published with permission by Benicia Police Department Benicia Police Department Benicia PD Policy Manual Benicia PD Policy Manual Biological Samples The withdrawal of blood may only be performed in a medically approved manner by health care providers trained and qualified to draw blood. A California DOJ collection kit shall be used for this purpose (Penal Code § 298(a); Penal Code § 298(b)(2)). 374.6.3 LITIGATION The Chief of Police or authorized designee should notify the California DOJ’s DNA Legal Unit in the event this [department/office] 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. Copyright Lexipol, LLC 2024/03/28, All Rights Reserved. Biological Samples - 257 Published with permission by Benicia Police Department Policy Benicia Police Department 376 Benicia PD Policy Manual Chaplains 376.1 PURPOSE AND SCOPE This policy establishes the guidelines for Benicia Police Department chaplains to provide counseling or emotional support to members of the Department, their families and members of the public. 376.2 POLICY The Benicia Police Department shall ensure that department chaplains are properly appointed, trained and supervised to carry out their responsibilities without financial compensation. 376.3 ELIGIBILITY Requirements for participation as a chaplain for the Department may include, but are not limited to: (a) Being above reproach, temperate, prudent, respectable, hospitable, able to teach, be free from addiction to alcohol or other drugs, and excessive debt. (b) Managing their households, families and personal affairs well. (c) Having a good reputation in the community. (d) Successful completion of an appropriate-level background investigation. (e) A minimum of five years of successful counseling experience. (f) Possession of a valid driver license. The Chief of Police may apply exceptions for eligibility based on organizational needs and the qualifications of the individual. 376.3.1 ROLE OF POLICE CHAPLAINS, COMMUNITY CHAPLAINS, AND SCHOOL RESOURCE CHAPLAINS (a) Police Chaplains will provide support when: 1. A member of the Benicia Police Department is seriously injured or killed. 2. Any incident involving a death or serious traumatic injury (e.g. homicide, traffic collision, airplane accident). 3. Any incident in which a department employee is involved in an event causing death or serious injury to another. The Police Chaplain will provide comfort and care for the employee. They are also available for the employee's family members. 4. Employees or police volunteers with professional or personal problems: The Police Chaplain is a trusted confidential source for dealing with professional and personal issues like relationship problems. 5. Counseling family members: The Police Chaplain is available to speak with all family members including children and relatives. Copyright Lexipol, LLC 2024/03/28, All Rights Reserved. Chaplains - 258 Published with permission by Benicia Police Department Benicia Police Department Benicia PD Policy Manual Benicia PD Policy Manual Chaplains 6. Death Notification: Police Chaplains may accompany the officer or make the notification themselves. The Chaplain can stay with the bereaved family until appropriate arrangements can be made. 7. Hostage Negotiators: The Police Chaplain is a support member. They can supply physical and emotional support to the family members at the crisis scene or to the police personnel during prolonged negotiations. 8. Education/Teaching: the Police Chaplain is knowledgeable in the areas of stress management, dealing with death and family life. 9. Other Tasks: (a) The Police Chaplain can officiate religious needs at ceremonies, answer religious questions, interpret religious quotes found at crime scenes, personal religious topics, or any incident in which a supervisor feels the assistance of a Chaplain would be beneficial. 10. Liaison with other clergy and community groups: (a) The Chaplain can foster good public relations with clergy and religious leaders in the community. (b) Community Chaplain's will provide support when: (a) A citizen is seriously injured or killed: (a) The Community Chaplain will be available for notification, hospital or home visiting and follow up when necessary. (b) Supporting the family of victims: (a) The Community Chaplain is available to speak with all family members, including children and relatives. (c) Death Notifications: (a) The Community Chaplain may accompany the officer to make the notification. The Community Chaplain can stay with the bereaved family until appropriate arrangements can be made. (d) Major Disasters/Has-Mat/Evacuations: (a) The Community Chaplain can supply physical or emotional support to the victims and the family members at the crisis scene. (e) Victim Assistance: (a) The Community Chaplain can help people to start overcoming major traumas in their lives, i.e. rape, serious assaults or fire. (f) Community Intervention: Copyright Lexipol, LLC 2024/03/28, All Rights Reserved. Chaplains - 259 Published with permission by Benicia Police Department Benicia Police Department Benicia PD Policy Manual Benicia PD Policy Manual Chaplains (a) The Community Chaplain may respond at the direction of the Police Chaplain Coordinator or the on-duty supervisory officer to any need in the community where care, guidance or support is appropriate and/or required. (g) Liaison with other clergy and community groups: (a) The Community Chaplain can foster good public relations with clergy and religious leaders in the community. (h) Other Tasks: (a) The Community Chaplain can officiate the religious needs at ceremonies. (c) School Resource Chaplains will provide support when: 1. Mentoring Students and Staff: (a) The School Resource Chaplain can provide mentoring support to students and school staff as assigned by school administrators. They will be caring listeners and show genuine friendship to students and staff. 2. School Intervention: (a) The School Resource Chaplain may respond at the direction of the Police Chaplain Coordinator or the on-duty supervisory officer to any need at a school where care, guidance or support is appropriate and/or required. 376.4 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 Benicia Police Department identification cards, which must be carried at all times while on-duty. The identification cards will be the standard Benicia 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. 376.5 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 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 Copyright Lexipol, LLC 2024/03/28, All Rights Reserved. Chaplains - 260 Published with permission by Benicia Police Department Benicia Police Department Benicia PD Policy Manual Benicia PD Policy Manual Chaplains 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 Supervisor. The chaplain coordinator may appoint a senior chaplain or other designee to assist in the coordination of chaplains and their activities. The responsibilities of the coordinator or the authorized designee include, but are not limited to: (a) Recruiting, selecting and training qualified chaplains. (b) Conducting chaplain meetings. (c) Establishing and maintaining a chaplain callout roster. (d) Maintaining records for each chaplain. (e) Tracking and evaluating the contribution of chaplains. (f) Maintaining a record of chaplain schedules and work hours. (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. 376.6 DUTIES AND RESPONSIBILITIES Chaplains assist the Department, its members and the community, as needed. Assignments of chaplains will usually be to augment the Patrol 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 members of the Department or the public into a religious affiliation while representing themselves as chaplains with this department. If there is any question as to the receiving person’s intent, chaplains should verify that the person is desirous of spiritual counseling or guidance before engaging in such discussion. Chaplains may not accept gratuities for any service or any subsequent actions or follow-up contacts that were provided while functioning as a chaplain for the Benicia Police Department. 376.6.1 COMPLIANCE Chaplains are volunteer members of this department, and except as otherwise specified within this policy, are required to comply with the Volunteer Program Policy and other applicable policies. Copyright Lexipol, LLC 2024/03/28, All Rights Reserved. Chaplains - 261 Published with permission by Benicia Police Department Benicia Police Department Benicia PD Policy Manual Benicia PD Policy Manual Chaplains 376.6.2 OPERATIONAL GUIDELINES (a) Chaplains will be scheduled to be on-call for a period of seven consecutive days during each month, beginning on Monday and ending on the following Sunday. (b) Generally, each chaplain will serve with Benicia 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 Benicia Police Department operations, provided the Supervisor has been notified and has approved the activity. (e) Chaplains shall not be evaluators of members of the Department. (f) In responding to incidents, a chaplain shall never function as an officer. (g) When responding to in-progress calls for service, chaplains may be required to stand- by in a secure area until the situation has been deemed safe. (h) Chaplains shall serve only within the jurisdiction of the Benicia 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. 376.6.3 ASSISTING THE DEPARTMENT The responsibilities of a chaplain related to this department include, but are not limited to: (a) Assisting members in the diffusion of a conflict or incident, when requested. (b) Responding to natural and accidental deaths, suicides and attempted suicides, family disturbances and any other incident that in the judgment of the Supervisor or supervisor aids in accomplishing the mission of the Department. (c) Responding to all major disasters, such as natural disasters, bombings and similar critical incidents. (d) Being on-call and, if possible, on-duty during major demonstrations or any public function that requires the presence of a large number of department members. (e) Attending department and academy graduations, ceremonies and social events and offering invocations and benedictions, as requested. (f) Participating in in-service training classes. (g) Willingness to train others to enhance the effectiveness of the Department. 376.6.4 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. Copyright Lexipol, LLC 2024/03/28, All Rights Reserved. Chaplains - 262 Published with permission by Benicia Police Department Benicia Police Department Benicia PD Policy Manual Benicia PD Policy Manual Chaplains (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. 376.6.5 CHAPLAIN MEETINGS All chaplains are required to attend scheduled meetings. Any absences must be satisfactorily explained to the chaplain coordinator. 376.6.6 ASSISTING DEPARTMENT MEMBERS The responsibilities of a chaplain related to department members include, but are not limited to: (a) Assisting in making notification to families of members who have been seriously injured or killed and, after notification, responding to the hospital or home of the member. (b) Visiting sick or injured members in the hospital or at home. (c) Attending and participating, when requested, in funerals of active or retired members. (d) Serving as a resource for members when dealing with the public in incidents, such as accidental deaths, suicides, suicidal subjects, serious accidents, drug and alcohol abuse and other such situations that may arise. (e) Providing counseling and support for members and their families. (f) Being alert to the needs of members and their families. 376.7 PRIVILEGED COMMUNICATIONS No person who provides chaplain services to members of the Department may work or volunteer for the Benicia Police Department in any capacity other than that of chaplain. Department chaplains shall be familiar with state evidentiary laws and rules pertaining to the limits of the clergy-penitent, psychotherapist-patient and other potentially applicable privileges and shall inform members when it appears reasonably likely that the member is discussing matters that are not subject to privileged communications. In such cases, the chaplain should consider referring the member to a non-department counseling resource. No chaplain shall provide counsel to or receive confidential communications from any Benicia Police Department member concerning an incident personally witnessed by the chaplain or concerning an incident involving the chaplain. 376.8 TRAINING The Department will establish a minimum number of training hours and standards for department chaplains. The training, as approved by the Training Sergeant, may include: Copyright Lexipol, LLC 2024/03/28, All Rights Reserved. Chaplains - 263 Published with permission by Benicia Police Department Benicia Police Department Benicia PD Policy Manual Benicia PD Policy Manual Chaplains • Stress management • Death notifications • Symptoms of post-traumatic stress • Burnout for members of law enforcement and chaplains • Legal liability and confidentiality • Ethics • Responding to crisis situations • The law enforcement family • Substance abuse • Suicide • Officer injury or death • Sensitivity and diversity Copyright Lexipol, LLC 2024/03/28, All Rights Reserved. Chaplains - 264 Published with permission by Benicia Police Department Policy Benicia Police Department 378 Benicia PD Policy Manual Public Safety Video Surveillance System 378.1 PURPOSE AND SCOPE This policy provides guidance for the placement and monitoring of the Benicia Police Department's public safety video surveillance, as well as the storage and release of the captured images. This policy only applies to overt, marked public safety video surveillance systems operated by the Benicia Police Department. It does not apply to mobile audio/video systems, covert audio/video systems or any other image-capturing devices used by the Benicia Police Department. 378.2 POLICY The Benicia Police Department operates a public safety video surveillance system to complement its anti-crime strategy, to effectively allocate and deploy personnel, and to enhance public safety and security in public areas. Cameras may be placed in strategic locations throughout the City to detect and deter crime, to help safeguard against potential threats to the public, to help manage emergency response situations during natural and man-made disasters and to assist City officials in providing services to the community. Video surveillance in public areas will be conducted in a legal and ethical manner while recognizing and protecting constitutional standards of privacy. 378.3 OPERATIONAL GUIDELINES Only Benicia Police Department-approved video surveillance equipment shall be utilized. Members authorized to monitor video surveillance equipment should only monitor public areas and public activities where no reasonable expectation of privacy exists. The Chief of Police or the authorized designee shall approve all proposed locations for the use of video surveillance technology and should consult with and be guided by legal counsel as necessary in making such determinations. 378.3.1 PLACEMENT AND MONITORING Camera placement will be guided by the underlying purpose or strategy associated with the overall video surveillance plan. As appropriate, the Chief of Police should confer with other affected City divisions and designated community groups when evaluating camera placement. Environmental factors, including lighting, location of buildings, presence of vegetation, or other obstructions, should also be evaluated when determining placement. The cameras shall only record video images and not sound. Recorded images may be used for a variety of purposes, including criminal investigations and monitoring of activity around high- value or high-threat areas. The public video surveillance system may be useful for the following purposes: (a) To prevent, deter, and identify criminal activity. (b) To target identified areas of gang and narcotics complaints or activity. (c) To respond to critical incidents. Copyright Lexipol, LLC 2024/03/28, All Rights Reserved. Public Safety Video Surveillance System - 265 Published with permission by Benicia Police Department Benicia Police Department Benicia PD Policy Manual Benicia PD Policy Manual Public Safety Video Surveillance System (d) To assist in identifying, apprehending, and prosecuting offenders. (e) To document officer and offender conduct during interactions to safeguard the rights of the public and officers. (f) To augment resources in a cost-effective manner. (g) To monitor pedestrian and vehicle traffic activity. Images from each camera should be recorded in a manner consistent with the underlying purpose of the particular camera. Images should be transmitted to monitors installed in the Supervisor’s office and Dispatch. When activity warranting further investigation is reported or detected at any camera location, the available information should be provided to responding officers in a timely manner. The Supervisor or trained personnel in Dispatch 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 video surveillance system to be forwarded to a specified location for monitoring by other than police personnel, such as allied government agencies, road or traffic crews, or fire or emergency operations personnel. Unauthorized recording, viewing, reproduction, dissemination, or retention is prohibited. 378.3.2 CAMERA MARKINGS All public areas monitored by public safety surveillance equipment shall be marked in a conspicuous manner with appropriate signs to inform the public that the area is under police surveillance. Signs should be well lit, placed appropriately and without obstruction to ensure visibility. 378.3.3 INTEGRATION WITH OTHER TECHNOLOGY The Benicia Police Department may elect to integrate its public safety video surveillance system with other technology to enhance available information. Systems such as gunshot detection, incident mapping, crime analysis, license plate recognition, facial recognition and other video- based analytical systems may be considered based upon availability and the nature of the department's strategy. The Benicia Police Department should evaluate the availability and propriety of networking or otherwise collaborating with appropriate private sector entities and should evaluate whether the use of certain camera systems, such as pan-tilt-zoom systems and video enhancement or other analytical technology, requires additional safeguards. 378.4 VIDEO SUPERVISION Supervisors should monitor video surveillance access and usage to ensure members are within department policy and applicable laws. Supervisors should ensure such use and access is appropriately documented. 378.4.1 VIDEO LOG A log should be maintained at all locations where video surveillance monitors are located. The log should be used to document all persons not assigned to the monitoring locations who have Copyright Lexipol, LLC 2024/03/28, All Rights Reserved. Public Safety Video Surveillance System - 266 Published with permission by Benicia Police Department Benicia Police Department Benicia PD Policy Manual Benicia PD Policy Manual Public Safety Video Surveillance System been given access to view or monitor images provided by the video surveillance cameras. The logs should, at a minimum, record the: (a) Date and time access was given. (b) Name and agency of the person being given access to the images. (c) Name of person authorizing access. (d) Identifiable portion of images viewed. 378.4.2 PROHIBITED ACTIVITY Public safety video surveillance systems will not intentionally be used to invade the privacy of individuals or observe areas where a reasonable expectation of privacy exists. Public safety video surveillance equipment shall not be used in an unequal or discriminatory manner and shall not target individuals or groups based solely on actual or perceived characteristics such as race, ethnicity, national origin, religion, sex, sexual orientation, gender identity or expression, economic status, age, cultural group, or disability. Video surveillance equipment shall not be used to harass, intimidate, or discriminate against any individual or group. 378.5 STORAGE AND RETENTION OF MEDIA All downloaded media shall be stored in a secure area with access restricted to authorized persons. A recording needed as evidence shall be copied to a suitable medium and booked into evidence in accordance with established evidence procedures. All actions taken with respect to retention of media shall be appropriately documented. The type of video surveillance technology employed and the manner in which recordings are used and stored will affect retention periods. The recordings should be stored and retained in accordance with the established records retention schedule and for a minimum of 30 days. If recordings are evidence in any claim filed or any pending litigation, they shall be preserved until pending litigation is resolved (Government Code § 34090.6). 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. 378.5.1 EVIDENTIARY INTEGRITY All downloaded and retained media shall be treated in the same manner as other evidence. Media shall be accessed, maintained, stored and retrieved in a manner that ensures its integrity as evidence, including strict adherence to chain of custody requirements. Electronic trails, including encryption, digital masking of innocent or uninvolved individuals to preserve anonymity, authenticity certificates and date and time stamping, shall be used as appropriate to preserve individual rights and to ensure the authenticity and maintenance of a secure evidentiary chain of custody. Copyright Lexipol, LLC 2024/03/28, All Rights Reserved. Public Safety Video Surveillance System - 267 Published with permission by Benicia Police Department Benicia Police Department Benicia PD Policy Manual Benicia PD Policy Manual Public Safety Video Surveillance System 378.6 RELEASE OF VIDEO IMAGES All recorded video images gathered by the public safety video surveillance equipment are for the official use of the Benicia Police Department. Requests for recorded video images from the public or the media shall be processed in the same manner as requests for department public records. Requests for recorded images from other law enforcement agencies shall be referred to the watch commander for release in accordance with a specific and legitimate law enforcement purpose. Recorded video images that are the subject of a court order or subpoena shall be processed in accordance with the established department subpoena process. 378.7 VIDEO SURVEILLANCE AUDIT The Chief of Police or the authorized designee will conduct an annual review of the public safety video surveillance system. The review should include an analysis of the cost, benefit and effectiveness of the system, including any public safety issues that were effectively addressed or any significant prosecutions that resulted, and any systemic operational or administrative issues that were identified, including those related to training, discipline or policy. The results of each review shall be appropriately documented and maintained by the Chief of Police or the authorized designee and other applicable advisory bodies. Any recommendations for training or policy should be promptly addressed. 378.8 TRAINING All department members authorized to operate or access public video surveillance systems shall receive appropriate training. Training should include guidance on the use of cameras, interaction with dispatch and patrol operations and a review regarding relevant policies and procedures, including this policy. Training should also address state and federal law related to the use of video surveillance equipment and privacy. Copyright Lexipol, LLC 2024/03/28, All Rights Reserved. Public Safety Video Surveillance System - 268 Published with permission by Benicia Police Department Policy Benicia Police Department 385 Benicia PD Policy Manual Volunteer Program 385.1 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. 385.1.1 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, unpaid reserve officers, interns, persons providing administrative support and youth involved in a law enforcement Explorer Post, among others. 385.2 VOLUNTEER MANAGEMENT 385.2.1 VOLUNTEER COORDINATOR The Volunteer Coordinator shall be appointed by the Services Division 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) Administering discipline when warranted. Copyright Lexipol, LLC 2024/03/28, All Rights Reserved. Volunteer Program - 269 Published with permission by Benicia Police Department Benicia Police Department Benicia PD Policy Manual Benicia PD Policy Manual Volunteer Program (j) Maintaining liaison with other volunteer-utilizing programs in the community and assisting in community-wide efforts to recognize and promote volunteering. 385.2.2 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. 385.2.3 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. 385.2.4 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. Copyright Lexipol, LLC 2024/03/28, All Rights Reserved. Volunteer Program - 270 Published with permission by Benicia Police Department Benicia Police Department Benicia PD Policy Manual Benicia PD Policy Manual Volunteer Program 385.2.5 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. 385.2.6 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. 385.2.7 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. Copyright Lexipol, LLC 2024/03/28, All Rights Reserved. Volunteer Program - 271 Published with permission by Benicia Police Department Benicia Police Department Benicia PD Policy Manual Benicia PD Policy Manual Volunteer Program 385.3 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 member. 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. 385.4 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. 385.5 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. 385.5.1 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: Copyright Lexipol, LLC 2024/03/28, All Rights Reserved. Volunteer Program - 272 Published with permission by Benicia Police Department Benicia Police Department Benicia PD Policy Manual Benicia PD Policy Manual Volunteer Program (a) A driving safety briefing and department approved driver safety course. (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. 385.5.2 RADIO AND MDT USAGE Volunteers shall successfully complete CLETS and radio procedures training prior to using the police radio or MDT and comply with all related provisions. The Volunteer Coordinator should ensure that radio and CLETS training is provided for volunteers whenever necessary. 385.6 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. 385.6.1 EXIT INTERVIEWS Exit interviews, where possible, should be conducted with volunteers who are leaving their positions. 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. 385.7 EVALUATION An evaluation of the overall volunteer program will be conducted on an annual basis by the Volunteer Coordinator. Regular evaluations should be conducted with volunteers to ensure the best 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. Copyright Lexipol, LLC 2024/03/28, All Rights Reserved. Volunteer Program - 273 Published with permission by Benicia Police Department Policy Benicia Police Department 387 Benicia PD Policy Manual Off-Duty Law Enforcement Actions 387.1 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 Benicia Police Department with respect to taking law enforcement action while off-duty. 387.2 POLICY Initiating law enforcement action while off-duty is generally discouraged. Officers should not attempt to initiate enforcement action when witnessing minor crimes, such as suspected intoxicated drivers, reckless driving or minor property crimes. Such incidents should be promptly reported to the appropriate law enforcement agency. Officers are not expected to place themselves in unreasonable peril. However, any sworn member of this department who becomes aware of an incident or circumstance that he/she reasonably believes poses an imminent threat of serious bodily injury or death, or significant property damage may take reasonable action to minimize the threat. When public safety or the prevention of major property damage requires immediate action, officers should first consider reporting and monitoring the activity and only take direct action as a last resort. 387.3 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. 387.4 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. (c) The lack of equipment, such as handcuffs, OC or baton. Copyright Lexipol, LLC 2024/03/28, All Rights Reserved. Off-Duty Law Enforcement Actions - 274 Published with permission by Benicia Police Department Benicia Police Department Benicia PD Policy Manual Benicia PD Policy Manual Off-Duty Law Enforcement Actions (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. 387.4.1 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 Benicia Police Department officer until acknowledged. Official identification should also be displayed. 387.4.2 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. 387.4.3 NON-SWORN RESPONSIBILITIES Non-sworn 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. 387.4.4 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. 387.5 REPORTING Any off-duty officer who engages in any law enforcement activity, regardless of jurisdiction, shall notify the Supervisor as soon as practicable. The Supervisor 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. Copyright Lexipol, LLC 2024/03/28, All Rights Reserved. Off-Duty Law Enforcement Actions - 275 Published with permission by Benicia Police Department Policy Benicia Police Department 390 Benicia PD Policy Manual Use of Social Media 390.1 PURPOSE AND SCOPE This policy provides guidelines to ensure that any use of social media on behalf of the [Department/ Office] is consistent with the [department/office] mission. This policy does not address all aspects of social media use. Specifically, it does not address: • Personal use of social media by [department/office] 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/office] (see the Investigation and Prosecution Policy). 390.1.1 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/office] website or social networking services 390.2 POLICY The Benicia Police Department may use social media as a method of effectively informing the public about [department/office] services, issues, investigations and other relevant events. [Department/Office] members shall ensure that the use or access of social media is done in a manner that protects the constitutional rights of all. 390.3 AUTHORIZED USERS Only members authorized by the Chief of Police or the authorized designee may utilize social media on behalf of the [Department/Office]. Authorized members shall use only [department/ office]-approved equipment during the normal course of duties to post and monitor [department/ office]-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/office] social media by members who are not authorized to post should be made through the member’s chain of command. Copyright Lexipol, LLC 2024/03/28, All Rights Reserved. Use of Social Media - 276 Published with permission by Benicia Police Department Benicia Police Department Benicia PD Policy Manual Benicia PD Policy Manual Use of Social Media 390.4 AUTHORIZED CONTENT Only content that is appropriate for public release, that supports the [department/office] mission and conforms to all [department/office] policies regarding the release of information may be posted. 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/office] 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. 390.4.1 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. 390.5 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 Benicia Police Department or its members. (e) Any information that could compromise the safety and security of [department/office] operations, members of the [Department/Office], victims, suspects or the public. (f) Any content posted for personal use. (g) Any content that has not been properly authorized by this policy or a supervisor. Any member who becomes aware of content on this [department/office]’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. Copyright Lexipol, LLC 2024/03/28, All Rights Reserved. Use of Social Media - 277 Published with permission by Benicia Police Department Benicia Police Department Benicia PD Policy Manual Benicia PD Policy Manual Use of Social Media 390.5.1 PUBLIC POSTING PROHIBITED [Department/Office] social media sites shall be designed and maintained to prevent posting of content by the public. The [Department/Office] may provide a method for members of the public to contact department members directly. 390.6 MONITORING CONTENT The Chief of Police will appoint a supervisor to review, at least annually, the use of [department/ office] 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. 390.7 RETENTION OF RECORDS The 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. 390.8 TRAINING Authorized members should receive training that, at a minimum, addresses legal issues concerning the appropriate use of social media sites, as well as privacy, civil rights, dissemination and retention of information posted on [department/office] sites. Copyright Lexipol, LLC 2024/03/28, All Rights Reserved. Use of Social Media - 278 Published with permission by Benicia Police Department Policy Benicia Police Department 391 Benicia PD Policy Manual Reserve Officers 391.1 PURPOSE AND SCOPE The Benicia Police Department Reserve Unit was established to supplement and assist regular sworn police officers in their duties. This unit provides professional, sworn reserve officers who can augment sworn officers. 391.2 SELECTION AND APPOINTMENT OF POLICE RESERVE OFFICERS The Benicia 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. Reserve officers are “at will” employees and serve at the will and discretion of the Chief of Police. The Chief of Police may dismiss any reserve officer, increase or reduce the size of the Reserve Division, promote or demote any reserve officer, and take any other action with respect to the Reserve Division as the Chief of Police wishes in his or her sole discretion. The Chief of Police has the sole discretion to interpret and apply provisions of this Reserve Manual as he or she deems necessary or desirable. 391.2.1 PROCEDURE All applicants shall be required to meet and pass the same pre-employment procedures as 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, an extended basic academy, or a POST approved training module. 391.2.2 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. 391.2.3 COMPENSATION FOR POLICE RESERVE OFFICERS The reserve officer position is an unpaid classification within the Benicia Police Department. 391.2.4 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 Department prior to an employee serving in a reserve or volunteer capacity (29 CFR 553.30). Copyright Lexipol, LLC 2024/03/28, All Rights Reserved. Reserve Officers - 279 Published with permission by Benicia Police Department Benicia Police Department Benicia PD Policy Manual Benicia PD Policy Manual Reserve Officers 391.3 DUTIES OF RESERVE OFFICERS Reserve officers assist regular officers in the enforcement of laws and in maintaining peace and order within the community. Assignments of reserve officers will usually be to augment the Patrol 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. 391.3.1 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 full-time officer, it shall also apply to a sworn reserve officer unless by its nature it is inapplicable. 391.3.2 RESERVE OFFICER ASSIGNMENTS All reserve officers will be assigned to duties by the Reserve Coordinator or his/her designee. 391.3.3 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 391.3.4 COURT ATTENDANCE All reserve officers required to attend court proceedings in connection with the reserve officer's service to the Department shall be punctual and dressed in either civilian business attire or uniform. Testimony shall be given with the strictest accuracy and professionalism. Subpoenas are kept in the Police Department and it shall be the duty of every reserve officer to ascertain if he or she has any subpoenas. Reserve officers must acknowledge all subpoenas once notification has been made. 391.3.5 RANK Reserve officers are distinguished by rank. Reserve officers and Reserve Coordinator are subject to the commands and orders of an officer or staff member of higher rank. Any disputes concerning the authority of any particular officer shall be resolved by the Division Commander. Copyright Lexipol, LLC 2024/03/28, All Rights Reserved. Reserve Officers - 280 Published with permission by Benicia Police Department Benicia Police Department Benicia PD Policy Manual Benicia PD Policy Manual Reserve Officers 391.3.6 TIMECARDS Reserve officers must keep accurate records of all hours worked. Reserve officers will be provided monthly time sheets, which are to be reviewed by the Reserve Coordinator or his/her designee. 391.4 TRAINING REQUIREMENTS POST sets training standards for all peace officers in California. Prior to appointment to the Department, reserve officers must complete POST-certified instruction (currently as follows): Level I reserve officers must satisfactorily complete the POST Regular Basic Course. Level II reserve officers are required to satisfactorily complete the prescribed Level II course of instruction (Modules III and II). Following appointment, all Level I and Level II reserve officers shall complete the Department's field training requirements. 391.4.1 TRAINING OFFICERS Officers of this department, who demonstrate a desire and ability to train reserve officers, may train the reserves during Phase II, subject to Supervisor approval. 391.4.2 PRIMARY TRAINING OFFICER Upon completion of the Academy, reserve officers will be assigned to a primary training officer. The primary training officer will be selected from members of the Field Training Officer (FTO) Committee. The reserve officer will be assigned to work with his/her primary training officer during the first 160 hours of training. This time shall be known as the Primary Training Phase. 391.4.3 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 Benicia Police Department. The reserve officer shall become knowledgeable of the subject matter as outlined. He/she shall also become proficient with those skills as set forth in the manual. 391.4.4 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. 391.4.5 SECONDARY TRAINING PHASE The Secondary Training Phase (Phase II) shall consist of 100 hours of additional on-duty training. The reserve officer will no longer be required to ride with his/her primary training officer. The reserve officer may now ride with any officer designated by the Supervisor. 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 Copyright Lexipol, LLC 2024/03/28, All Rights Reserved. Reserve Officers - 281 Published with permission by Benicia Police Department Benicia Police Department Benicia PD Policy Manual Benicia PD Policy Manual Reserve Officers 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. 391.4.6 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. 391.4.7 COMPLETION OF THE FORMAL TRAINING PROCESS When a reserve officer has satisfactorily completed all three phases of formal training, he/she will have had a minimum of 284 hours of on-duty training. He/she will no longer be required to ride with a reserve training officer. The reserve officer may now be assigned to ride with any officer for the remaining 200-hour requirement for a total of 484 hours before being considered for relief of immediate supervision. 391.4.8 CONTINUING PROFESSIONAL TRAINING All reserve officers shall complete 24 hours of Continuing Professional Training (CPT) every 2 years in accordance with POST requirements. Failure to meet CPT requirements may lead to suspension until such time as those requirements are satisfied. 391.4.9 MONTHLY IN-SERVICE TRAINING Reserve officers are not required to attend Departmental In-Service training, but are encouraged to do so. Department In-Service training is held twice a month (usually the 3rd and 4th Tuesday of each month) from 0800 hours to 1100 hours. A calendar/topics of the In-Service training will be provided to the reserve officers by the Reserve Coordinator or his/her designee. 391.5 SUPERVISION OF RESERVE OFFICERS Reserve officers who have attained the status of Level II shall be under the immediate supervision of a regular sworn officer (Penal Code 832.6). The immediate supervision requirement shall also continue for reserve officers who have attained Level I status unless special authorization is received from the Reserve Coordinator with the approval of the Division Commander. 391.5.1 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. Copyright Lexipol, LLC 2024/03/28, All Rights Reserved. Reserve Officers - 282 Published with permission by Benicia Police Department Benicia Police Department Benicia PD Policy Manual Benicia PD Policy Manual Reserve Officers Level I reserve officers may function under the authority of Penal Code § 832.6(a)(1) only for the duration of the assignment or purpose for which the authorization was granted. In the absence of the Reserve Coordinator and the Division Commander, the Supervisor may assign a certified Level I reserve officer to function under the authority of Penal Code § 832.6(a) (1) for specific purposes and duration. 391.5.2 RESERVE OFFICER MEETINGS General Meetings are held on a monthly basis. Attendance is mandatory unless excused by the Reserve Coordinator. Dress code for the General Meeting is casual and uniforms are not required. Reserve officers shall present a neat, professional appearance. Reserve officers must notify their supervisor if they will not be able to attend the General Meeting and the reason for such absence. Guests at General Meetings should be cleared with the Reserve Coordinator before the meeting. Guests may be asked to leave if confidential material is being presented. 391.5.3 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. Reserve officers shall not use Police Department identification or any issued uniform item in connection with their regular employment or any activity outside their normal work functions within the Police Department (unless approved by the Division Commander). Reserve officers are required to possess their department identification card when carrying a concealed firearm off- duty. 391.5.4 UNIFORM Reserve officers shall conform to all uniform regulation and appearance standards of this department. 391.5.5 INVESTIGATIONS AND COMPLAINTS If a reserve officer has a complaint made against him/her or becomes involved in an internal investigation, that complaint or internal investigation may be investigated by the Reserve Coordinator, at the discretion of the Patrol Division Commander. Reserve officers are considered at-will employees. Government Code § 3300 et seq. applies to reserve officers with the exception that the right to hearing is limited to the opportunity to clear their name. Any disciplinary action that may have to be administered to a reserve officer shall be accomplished as outlined in the Policy Manual. 391.5.6 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 Copyright Lexipol, LLC 2024/03/28, All Rights Reserved. Reserve Officers - 283 Published with permission by Benicia Police Department Benicia Police Department Benicia PD Policy Manual Benicia PD Policy Manual Reserve Officers 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. 391.6 FIREARMS REQUIREMENTS Penal Code § 830.6(a)(1) designates a reserve officer as having peace officer powers during his/ her assigned tour of duty, provided the reserve officer qualifies or falls within the provisions of Penal Code § 832.6. 391.6.1 CARRYING WEAPON ON DUTY Penal Code § 830.6(a)(1) permits qualified reserve officers to carry a loaded firearm while on-duty. 391.6.2 CARRYING A CONCEALED FIREARM OFF-DUTY A reserve officer may request a CCW license at any time following the reserve officer's appointment to the Department. This request must be approved by the Reserve Coordinator before being forwarded to the Chief of Police. Issuance of a CCW license shall be in the sole discretion of the Chief of Police and may be subject to completion of a minimum one-year probationary period or such other conditions as the Chief of Police may determine in his/her sole discretion. Reserve officers shall pay any processing fee charged by the State of California Department of Justice. A reserve officer is a "qualified law enforcement officer" as defined in the Law Enforcement Officers Safety Act (18 U.S. Code Section 926B) ("LEOSA") and may carry a firearm off-duty under LEOSA subject to the requirements thereof. If carrying a firearm pursuant to LEOSA, a reserve officer shall (i) carry his/her identification card, (ii) have in his/her possession certification of having met firearms qualification in accordance with Department requirements, (iii) not be the subject of any current disciplinary action, (iv) not be under the influence of alcohol or any other intoxicating or hallucinatory drug, and (v) be in compliance with all other requirements of LEOSA. Federal law prohibiting the carrying of firearms in certain locations is not superseded by LEOSA and individual States may enact laws that (a) permit private persons or entities to prohibit or restrict the possession of concealed firearms on their property, or (b) restrict the carrying of firearms on State or local government property. Such laws are not superseded by LEOSA. 391.6.3 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 at least every other month (b) Reserve officers may fire at the department approved range at least once each month and more often with the approval of the Reserve Coordinator (c) Should a reserve officer fail to qualify over a two-month period, that reserve officer will not be allowed to carry a firearm until he/she has reestablished his/her proficiency Copyright Lexipol, LLC 2024/03/28, All Rights Reserved. Reserve Officers - 284 Published with permission by Benicia Police Department Benicia Police Department Benicia PD Policy Manual Benicia PD Policy Manual Reserve Officers 391.7 EMERGENCY CALL-OUT FOR RESERVE PERSONNEL The Reserve Coordinator shall develop a plan outlining an emergency call-out procedure for reserve personnel. Emergency Call-Outs may occur from time to time on short notice. Reserve officers shall use their best efforts to respond to the Department when call-outs occur. When called in, 4 hours minimum of time can be recorded on the reserve officer's monthly time log (or actual time if longer than 4 hours). 391.8 CPROA MEMBERSHIP All reserve officers are members of the California Reserve Peace Officers Association (CRPOA). Dues for CRPOA membership shall be paid for by the department. 391.9 DEPLOYMENT OF RESERVE OFFICERS The Penal Code prescribes the following reserve officer levels: • Level I (Designated and Non-Designated) • Level II Level I (Designated and Non-Designated) Reserve Officers Level I reserve officers perform general law enforcement assignments and are "designated" if the municipality employing them has adopted an ordinance or resolution "designating" such officers as having full peace officer authority both on-duty and off-duty. Non-designated Level I reserve officers have peace officer authority only while on-duty. Level I reserve officers must successfully complete the Department's POST-approved Field Training Program, following which they may work alone in a general law enforcement capacity. Level II Reserve Officers A Level II reserve officer may perform general law enforcement assignments only while under the immediate supervision of a peace officer who has completed the POST Regular Basic Course. Immediate supervision is defined as continually being in the physical proximity of and available to the reserve officer. However, allowances are permitted for necessary temporary separations such as tactical situations requiring separation. A Level II reserve officers who work patrol assignments must complete the Department's Field Training Program. Level II reserve officers have peace officer powers only while on-duty. 391.10 LEAVE OF ABSENCE A Leave of Absence may be granted at the discretion of the Reserve Coordinator for 30, 60 or 90 days. Reserve Coordinator may extend a leave of absence on a case-by-case basis. The request must be submitted in writing at least 14 days before the start of the leave and must provide the dates of leave and the reason for the request. In case of an emergency, a reserve officer may request that his/her supervisor handle the paperwork for the reserve officer and follow-up with a Copyright Lexipol, LLC 2024/03/28, All Rights Reserved. Reserve Officers - 285 Published with permission by Benicia Police Department Benicia Police Department Benicia PD Policy Manual Benicia PD Policy Manual Reserve Officers signed request at a later date. The reserve officer’s badge, identification card, and CCW license must be surrendered to the Reserve Coordinator during any leave exceeding 30 days. All leaves must be approved by the Reserve Coordinator before going into effect. 391.11 INJURIES ON DUTY Reserve officers are employees of the Department and, as such, are entitled to workers’ compensation benefits on the same basis as full-time officers in accordance with Labor Code Section 3362.5. If injured, the reserve officer must write an Officer’s Report to his/her supervisor explaining the circumstances of the injury as soon as practicable following the injury. Workers Compensation claims are processed by the Department. 391.11.1 LIMITED DUTY Reserve officers may request in writing to be placed on limited duty status. Limited duty may be granted for 30, 60 or 90 days at the discretion of the Reserve Coordinator or Division Commander. Reserve Coordinator/Division Commander may extend limited duty status on a case-by-case basis. While on limited duty, reserve officers: (1) must satisfy the monthly hours requirement (20 hours), including attending the General Meeting and Range Qualification (unless physically unable to do so), (2) must not work patrol or other assignment inconsistent with such limited duty status and (3) shall work such assignments as Reserve Coordinator shall determine consistent with such status. Copyright Lexipol, LLC 2024/03/28, All Rights Reserved. Reserve Officers - 286 Published with permission by Benicia Police Department Policy Benicia Police Department 392 Benicia PD Policy Manual Native American Graves Protection and Repatriation 392.1 PURPOSE AND SCOPE This policy is intended to ensure the protection and security of ancient or historic grave sites, including notification of personnel responsible for cultural items, in compliance with the Native American Graves Protection and Repatriation Act (NAGPRA) (25 USC § 3001 et seq.). 392.1.1 DEFINITIONS Definitions related to this policy include (43 CFR 10.2): Funerary objects - Objects that, as part of the death rite or ceremony of a Native American culture, are reasonably believed to have been placed intentionally at the time of death or later with or near individual human remains. Funerary objects are either associated funerary objects or unassociated funerary objects. Associated funerary objects are any funerary objects related to removed human remains, where the location of the human remains is known. This includes objects that were made exclusively for burial purposes or to contain human remains, regardless of the physical location or existence of any related human remains. Unassociated funerary objects are any other funerary objects that are identified by a preponderance of the evidence such as: • Related to human remains but the remains were not removed, or the location of the remains is unknown. • Related to specific individuals or families. • Removed from specific burial sites with Native American cultural affiliation. • Removed from an area where such burial sites are known to have existed, but the site no longer exists. Native American human remains - Any physical part of the body of a Native American individual. Objects of cultural patrimony - Objects having ongoing historical, traditional, or cultural importance that is central to the Native American group or culture itself and, therefore, cannot be appropriated or conveyed by any individual, including members of the Native American group or Native Hawaiian organization. Such objects must have been considered inalienable by the Native American group at the time the object was separated from the group. Sacred objects - Specific ceremonial objects needed by traditional Native American religious leaders for the practice of traditional Native American religions. 392.2 POLICY It is the policy of the Benicia Police Department that the protection of Native American human remains, funerary objects, associated funerary objects, unassociated funerary objects, sacred Copyright Lexipol, LLC 2024/03/28, All Rights Reserved. Native American Graves Protection and Published with permission by Benicia Police Department Repatriation - 287 Benicia Police Department Benicia PD Policy Manual Benicia PD Policy Manual Native American Graves Protection and Repatriation objects, or objects of cultural patrimony is the responsibility of all members. Such protection includes minimizing destruction, contamination, inadvertent disruption, or complicated custody transfer processes. 392.3 COMPLIANCE WITH THE NATIVE AMERICAN GRAVES PROTECTION AND REPATRIATION ACT Upon discovery or arrival upon a scene where it reasonably appears that a Native American grave, human remains, funerary objects, associated funerary objects, unassociated funerary objects, sacred objects, or objects of cultural patrimony are exposed or otherwise unsecured, members shall secure the site in the same manner as a crime scene. All activity at the scene other than scene preservation activity must cease (43 CFR 10.5). No photography or video recording may be permitted by the media or any group or individual who may wish to exhibit the remains. Without delay, the appropriate agency or group shall be notified to respond and take control of the scene. These include the following (43 CFR 10.5): • Federal land - Appropriate agency at the U.S. Department of the Interior or U.S. Department of Agriculture • State land/Private land - [Medical Examiner/JOP], when appropriate (Health and Safety Code § 7050.5) • Tribal land - Responsible Indian tribal official 392.4 EVIDENCE AND PROPERTY If the location has been investigated as a possible homicide scene prior to identification as a NAGPRA site, investigators shall work with other appropriate agencies and individuals to ensure the proper transfer and repatriation of any material collected. Members shall ensure that any remains or artifacts located at the site are expediently processed (43 CFR 10.7). Copyright Lexipol, LLC 2024/03/28, All Rights Reserved. Native American Graves Protection and Published with permission by Benicia Police Department Repatriation - 288 Policy Benicia Police Department 393 Benicia PD Policy Manual Gun Violence Restraining Orders 393.1 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). 393.1.1 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). 393.2 POLICY It is the policy of the Benicia Police Department to petition for and serve gun violence restraining orders in compliance with state law and to properly account for firearms and ammunition obtained by the [Department/Office] pursuant to such orders. 393.3 GUN VIOLENCE RESTRAINING ORDERS An officer who reasonably believes a person is a present danger to self or another person by controlling, owning, purchasing, possessing, receiving, or otherwise having custody of a firearm may request permission from the officer's 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 submit the petition electronically or orally request a temporary order (Penal Code § 18122; Penal Code § 18140). 393.3.1 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. Copyright Lexipol, LLC 2024/03/28, All Rights Reserved. Gun Violence Restraining Orders - 289 Published with permission by Benicia Police Department Benicia Police Department Benicia PD Policy Manual Benicia PD Policy Manual Gun Violence Restraining Orders (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). 393.4 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 Services Division Lieutenant for prompt entry into the California Restraining and Protective Order System (Penal Code § 18115). The officer should also inform the restrained person that he/she is required, within 24 hours, to surrender to a law enforcement agency any other firearms and ammunition he/she owns or that are in his/her custody or control or sell them to a firearms dealer. This notification should be documented. All firearms and ammunition collected shall be handled and booked in accordance with the Property and Evidence Policy. 393.4.1 TEMPORARY EMERGENCY GUN VIOLENCE RESTRAINING ORDERS An officer requesting a temporary emergency gun violence restraining order shall (Penal Code § 18140): (a) For oral requests, sign a declaration under penalty of perjury reciting the oral statements provided to the judicial officer and memorialize the order of the court on the form approved by the Judicial Council. (b) Serve the order on the restrained person if the person can be reasonably located. (c) Forward a copy of the order to the Services Division Lieutenant for filing with the court and appropriate databases. Copyright Lexipol, LLC 2024/03/28, All Rights Reserved. Gun Violence Restraining Orders - 290 Published with permission by Benicia Police Department Benicia Police Department Benicia PD Policy Manual Benicia PD Policy Manual Gun Violence Restraining Orders 393.5 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. 393.6 SERVICES DIVISION LIEUTENANT RESPONSIBILITIES The Services Division Lieutenant is responsible for ensuring: (a) Proof of service of any gun violence restraining order served by an officer or received from the clerk of the court is entered in the computer database system for protective and restraining orders maintained by the Department of Justice within one business day of service if served by an officer, or within one business day of receipt of proof of service if served by a person other than a law enforcement officer (Penal Code § 18115). (b) Temporary orders are entered into the California Restraining and Protective Order System (Penal Code § 18140). (c) Copies of temporary orders are filed with the court as soon as practicable, but no later than three court days, after issuance (Penal Code § 18140). (d) Copies of receipts of surrendered firearms or ammunition issued by other agencies for gun violence restraining orders issued by the [Department/Office] are properly maintained (Penal Code § 18120). (e) Any relinquishment of firearm rights form received from the court is entered into the California Restraining and Protective Order System within one business day of receipt (Penal Code § 18115). Copyright Lexipol, LLC 2024/03/28, All Rights Reserved. Gun Violence Restraining Orders - 291 Published with permission by Benicia Police Department Benicia Police Department Benicia PD Policy Manual Benicia PD Policy Manual Gun Violence Restraining Orders 393.7 COURT-ORDERED FIREARMS AND AMMUNITION SURRENDERS Authorized members shall accept firearms and ammunition from any individual who is the subject of a gun violence restraining order. The member receiving any firearm or ammunition shall: (a) Record the individual’s name, address and telephone number. (b) Record the serial number of the firearm. (c) Prepare an incident report and property report. (d) Provide a property receipt to the individual who surrendered the firearms and ammunition. (e) Package and submit the firearms and ammunition in accordance with the Property and Evidence Policy. 393.8 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 Penal Code § 18120 and the Property and Evidence Policy. 393.9 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/office] members, also including procedures for requesting and serving (Penal Code § 18108): 1. A temporary emergency gun violence restraining order. 2. An ex parte gun violence restraining order. 3. A gun violence restraining order issued after notice and hearing. (b) Developing and maintaining factors to consider when assessing the need to seek an order, including: 1. Whether threats have been made, and if so, whether the threats are credible and specific. 2. Whether the potential victim is within close proximity. 3. Whether the person has expressed suicidal tendencies. 4. Whether the person has access to firearms. 5. The criminal history of the person, in particular any history of criminal violence, including whether the person is currently on parole, probation, or monitored release. 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. Copyright Lexipol, LLC 2024/03/28, All Rights Reserved. Gun Violence Restraining Orders - 292 Published with permission by Benicia Police Department Benicia Police Department Benicia PD Policy Manual Benicia PD Policy Manual Gun Violence Restraining Orders 7. Any upcoming holidays, anniversaries, or other dates of significance that may serve as a trigger for the person, such as the death of a family member. 8. Whether the person has any history of drug or alcohol abuse. (c) Developing and maintaining procedures for the receipt and service of orders consistent with the requirements of Penal Code § 18115; Penal Code § 18120; Penal Code § 18135; Penal Code § 18140; and Penal Code § 18160. Procedures should include: 1. Evaluation of an order to determine appropriate service and necessary precautions (see the Warrant Service Policy and the Operations Planning and Deconfliction Policy). 2. Forwarding orders to the Services Division Lieutenant for recording in appropriate databases and required notice to the court, as applicable. 3. Preparing or obtaining a search warrant prior to attempting service of an order, when appropriate (Penal Code § 18108). 4. Seizure procedures of firearms and ammunition at the time of issuance of a temporary emergency gun violence restraining order. 5. Verification procedures for the removal of firearms and ammunition from the subject of a gun violence restraining order. (d) Coordinating with the Training Sergeant to provide officers who may be involved in petitioning for or serving orders with training on such orders. Training should include determining when a petition is appropriate, the process for seeking an order, and the service of such orders. (e) Reviewing each petition and any associated court documents for an order prepared by members, for compliance with this policy, [department/office] procedures, and state law. (f) Developing and maintaining procedures for members to accept voluntarily surrendered prohibited items at times other than when an order is being served by the [Department/Office]. 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). 393.10 RENEWAL OF GUN VIOLENCE RESTRAINING ORDERS The Investigation Division supervisor is responsible for the review of a gun violence restraining order obtained by the [Department/Office] to determine if renewal should be requested within the time prescribed by law (Penal Code § 18190). 393.11 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). Copyright Lexipol, LLC 2024/03/28, All Rights Reserved. Gun Violence Restraining Orders - 293 Published with permission by Benicia Police Department Benicia Police Department Benicia PD Policy Manual Benicia PD Policy Manual Gun Violence Restraining Orders 393.12 TRAINING The Training Sergeant should ensure that members receive periodic training on the requirements of this policy (Penal Code § 18108). Copyright Lexipol, LLC 2024/03/28, All Rights Reserved. Gun Violence Restraining Orders - 294 Published with permission by Benicia Police Department Policy Benicia Police Department 394 Benicia PD Policy Manual Community Relations 394.1 PURPOSE AND SCOPE The purpose of this policy is to provide guidelines for community relationship-building. Additional guidance on community relations and outreach is provided in other policies, including the: • Hate Crimes Policy. • Limited English Proficiency Services Policy. • Communications with Persons with Disabilities Policy. • Chaplains Policy. • Patrol Function Policy. • Suspicious Activity Reporting Policy. 394.2 POLICY It is the policy of the Benicia Police Department to promote positive relationships between members of the department and the community by treating community members with dignity and respect and engaging them in public safety strategy development and relationship-building activities, and by making relevant policy and operations information available to the community in a transparent manner. 394.3 MEMBER RESPONSIBILITIES Officers should, as time and circumstances reasonably permit: (a) Make casual and consensual contacts with community members to promote positive community relationships (see the Detentions and Photographing Detainees Policy). (b) Become reasonably familiar with the schools, businesses and community groups in their assigned jurisdictional areas. (c) Work with community members and the department community relations coordinator to identify issues and solve problems related to community relations and public safety. (d) Conduct periodic foot patrols of their assigned areas to facilitate interaction with community members. Officers carrying out foot patrols should notify an appropriate supervisor and dispatch of their status (i.e., on foot patrol) and location before beginning and upon completion of the foot patrol. They should also periodically inform dispatch of their location and status during the foot patrol. 394.4 COMMUNITY RELATIONS COORDINATOR The Chief of Police or the authorized designee should designate a member of the department to serve as the community relations coordinator. He/she should report directly to the Chief of Police or authorized designee and is responsible for: (a) Obtaining department-approved training related to his/her responsibilities. Copyright Lexipol, LLC 2024/03/28, All Rights Reserved. Community Relations - 295 Published with permission by Benicia Police Department Benicia Police Department Benicia PD Policy Manual Benicia PD Policy Manual Community Relations (b) Responding to requests from department members and the community for assistance in identifying issues and solving problems related to community relations and public safety. (c) Organizing surveys to measure the condition of the department’s relationship with the community. (d) Working with community groups, department members and other community resources to: (a) Identify and solve public safety problems within the community. (b) Organize programs and activities that help build positive relationships between department members and the community and provide community members with an improved understanding of department operations. (e) Working with the Operations Commander to develop patrol deployment plans that allow officers the time to participate in community engagement and problem-solving activities. (f) Recognizing department and community members for exceptional work or performance in community relations efforts. (g) Attending City council and other community meetings to obtain information on community relations needs. (h) Assisting with the department’s response to events that may affect community relations, such as an incident where the conduct of a department member is called into public question. (i) Informing the Chief of Police and others of developments and needs related to the furtherance of the department’s community relations goals, as appropriate. 394.5 SURVEYS The community relations coordinator should arrange for a survey of community members and department members to be conducted at least annually to assess the condition of the relationship between the department and the community. Survey questions should be designed to evaluate perceptions of the following: (a) Overall performance of the department (b) Overall competence of department members (c) Attitude and behavior of department members (d) Level of community trust in the department (e) Safety, security or other concerns A written summary of the compiled results of the survey should be provided to the Chief of Police. 394.6 COMMUNITY AND YOUTH ACTIVITIES AND PROGRAMS The community relations coordinator should organize or assist with programs and activities that create opportunities for department members and community members, especially youth, to interact in a positive setting. Examples of such programs and events include: Copyright Lexipol, LLC 2024/03/28, All Rights Reserved. Community Relations - 296 Published with permission by Benicia Police Department Benicia Police Department Benicia PD Policy Manual Benicia PD Policy Manual Community Relations (a) Department-sponsored athletic programs (e.g., baseball, basketball, soccer, bowling). (b) Police-community get-togethers (e.g., cookouts, meals, charity events). (c) Youth leadership and life skills mentoring. (d) School resource officer/Drug Abuse Resistance Education (D.A.R.E.®) programs. (e) Neighborhood Watch and crime prevention programs. 394.7 INFORMATION SHARING The community relations coordinator should work with the Press Information Officer to develop methods and procedures for the convenient sharing of information (e.g., major incident notifications, significant changes in department operations, comments, feedback, positive events) between the department and community members. Examples of information-sharing methods include: (a) Community meetings. (b) Social media (see the department Use of Social Media Policy). (c) Department website postings. Information should be regularly refreshed, to inform and engage community members continuously. 394.8 LAW ENFORCEMENT OPERATIONS EDUCATION The community relations coordinator should develop methods to educate community members on general law enforcement operations so they may understand the work that officers do to keep the community safe. Examples of educational methods include: (a) Development and distribution of informational cards/flyers. (b) Department website postings. (c) Presentations to driver education classes. (d) Instruction in schools. (e) Department ride-alongs (see the Ride-Along Policy). (f) Scenario/Simulation exercises with community member participation. (g) Youth internships at the department. (h) Citizen academies. Instructional information should include direction on how community members should interact with the police during enforcement or investigative contacts and how community members can make a complaint to the department regarding alleged misconduct or inappropriate job performance by department members. Copyright Lexipol, LLC 2024/03/28, All Rights Reserved. Community Relations - 297 Published with permission by Benicia Police Department Benicia Police Department Benicia PD Policy Manual Benicia PD Policy Manual Community Relations 394.9 SAFETY AND OTHER CONSIDERATIONS Department members responsible for community relations activities should consider the safety of the community participants and, as much as reasonably practicable, not allow them to be present in any location or situation that would jeopardize their safety. Department members in charge of community relations events should ensure that participating community members have completed waiver forms before participation, if appropriate. A parent or guardian must complete the waiver form if the participating community member has not reached 18 years of age. Community members are subject to a criminal history check before approval for participation in certain activities, such as citizen academies. 394.10 COMMUNITY ADVISORY COMMITTEE The Chief of Police should establish a committee of volunteers consisting of community members, community leaders and other community stakeholders (e.g., representatives from schools, churches, businesses, social service organizations). The makeup of the committee should reflect the demographics of the community as much as practicable. The committee should convene regularly to: (a) Provide a public forum for gathering information about public safety concerns in the community. (b) Work with the Departmentg to develop strategies to solve public safety problems. (c) Generate plans for improving the relationship between the department and the community. (d) Participate in community outreach to solicit input from community members, including youth from the community. The Training Sergeant should arrange for initial and ongoing training for committee members on topics relevant to their responsibilities. The Chief of Police may include the committee in the evaluation and development of department policies and procedures and may ask them to review certain personnel complaints for the purpose of providing recommendations regarding supervisory, training or other issues as appropriate. 394.10.1 LEGAL CONSIDERATIONS The Chief of Police and the community relations coordinator should work with the City Attorney as appropriate to ensure the committee complies with any legal requirements such as public notices, records maintenance and any other associated obligations or procedures. 394.11 TRANSPARENCY The [Department/Office] should periodically publish statistical data and analysis regarding the [department/office]’s operations. The reports should not contain the names of officers, suspects or case numbers. The community relations coordinator should work with the community advisory Copyright Lexipol, LLC 2024/03/28, All Rights Reserved. Community Relations - 298 Published with permission by Benicia Police Department Benicia Police Department Benicia PD Policy Manual Benicia PD Policy Manual Community Relations committee to identify information that may increase transparency regarding [department/office] operations. 394.12 TRAINING Subject to available resources, members should receive training related to this policy, including training on topics such as: (a) Effective social interaction and communication skills. (b) Cultural, racial and ethnic diversity and relations. (c) Building community partnerships. (d) Community policing and problem-solving principles. (e) Enforcement actions and their effects on community relations. Where practicable and appropriate, community members, especially those with relevant expertise, should be involved in the training to provide input from a community perspective. Copyright Lexipol, LLC 2024/03/28, All Rights Reserved. Community Relations - 299 Published with permission by Benicia Police Department Benicia Police Department Benicia PD Policy Manual Chapter 4 - Patrol Operations Copyright Lexipol, LLC 2024/03/28, All Rights Reserved. Patrol Operations - 300 Published with permission by Benicia Police Department Policy Benicia Police Department 400 Benicia PD Policy Manual Patrol Function 400.1 PURPOSE AND SCOPE The purpose of this policy is to define the patrol function and address intraorganizational cooperation and information sharing. 400.2 INFORMATION SHARING To the extent feasible, all information relevant to the mission of the department should be shared among all divisions and specialized units on a timely basis. Members should be provided with opportunities on a regular basis to share information during the daily briefings and to attend briefings of other divisions or specialized units. Additionally, information should be shared with outside agencies and the public in conformance with department policies and applicable laws. Members are encouraged to share information with other units and divisions. 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 Penal Code 602.1 (obstructing or intimidating business operators), when the activity blocks the entrance or egress of a facility or location and when voluntary compliance with the law is not achieved. 400.4 POLICY The Benicia Police Department provides patrol services 24 hours a day, seven days a week and will prioritize responses to requests for emergency services using available resources to enhance the safety of the public and department members. 400.5 FUNCTION Patrol will generally be conducted by uniformed officers in clearly marked law enforcement vehicles in assigned jurisdictional areas of Benicia. The function of patrol is to respond to calls Copyright Lexipol, LLC 2024/03/28, All Rights Reserved. Patrol Function - 301 Published with permission by Benicia Police Department Benicia Police Department Benicia PD Policy Manual Benicia PD Policy Manual Patrol Function 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. Copyright Lexipol, LLC 2024/03/28, All Rights Reserved. Patrol Function - 302 Published with permission by Benicia Police Department Policy Benicia Police Department 401 Benicia PD Policy Manual Bicycle Patrol Program 401.1 PURPOSE AND SCOPE It is the policy of the Benicia Police Department to utilize the Bicycle Patrol Program as a supplement to patrol duties. Situations that would necessitate the use of bicycle patrol include, but are not limited to, special events such as the Benicia Peddler's Fair, Fourth of July, and the Waterfront Festival or a specific crime series, i.e.: burglaries, narcotics enforcement, etc. 401.2 MINIMUM REQUIREMENTS Officers assigned to the Bicycle Patrol Program must be full time sworn officers and must have at least one year of patrol experience. 401.3 TRAINING REQUIREMENTS Before actually participating in bicycle patrol, the officer must complete a minimum of 24 hour POST certified course in bicycle patrol. 401.4 SUPERVISION The Patrol Division Commander will oversee the overall program. Any supervisor may assign officers to bicycle patrol at their discretion. The supervisor will ensure all appropriate bicycle patrol documentation is completed and forwarded to the Patrol Division Commander. 401.5 UNIFORMS Uniforms worn by the bicycle patrol officers shall be in conformance with the Department's Uniform Policy. 401.6 BICYCLE MAINTENANCE Prior to utilizing a bicycle the officer must check the bicycle for any mechanical defects. If any defects are found that would effect the operation of the bicycle, it will not be ridden until the defect is repaired. The defect will be noted on the damaged equipment form and brought to the attention of the Bicycle Patrol Program Sergeant. The Bicycle Patrol Program Sergeant shall ensure major tune-ups on the bicycles are completed annually by a selected professional repair shop. A tune-up may be needed more often depending on the condition of the bicycle and the elements in which it has been used. Bicycles need to be kept tuned and in a safe condition to decrease the chance of equipment failure and operator injury. 401.7 BICYCLE SECURITY The bicycle will be secured when not in the officer's immediate presence. Bicycles will be stored in a designated area within the police department when not in use. Copyright Lexipol, LLC 2024/03/28, All Rights Reserved. Bicycle Patrol Program - 303 Published with permission by Benicia Police Department Policy Benicia Police Department 402 Benicia PD Policy Manual Bias-Based Policing 402.1 PURPOSE AND SCOPE This policy provides guidance to department members that affirms the Benicia 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). 402.1.1 DEFINITIONS Definitions related to this policy include: Bias-based policing or improper profiling - An inappropriate reliance on actual or perceived characteristics such as race, ethnicity, national origin (including limited English proficiency), 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). This includes explicit and implicit biases (i.e., conscious and unconscious beliefs or attitudes towards certain groups). 402.2 POLICY The Benicia 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. 402.3 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. 402.3.1 CALIFORNIA RELIGIOUS FREEDOM ACT Members shall not collect information from a person based on religious belief, practice, affiliation, national origin or ethnicity unless permitted under state or federal law (Government Code § 8310.3). Members shall not assist federal government authorities (Government Code § 8310.3): (a) In compiling personal information about a person’s religious belief, practice, affiliation, national origin or ethnicity. Copyright Lexipol, LLC 2024/03/28, All Rights Reserved. Bias-Based Policing - 304 Published with permission by Benicia Police Department Benicia Police Department Benicia PD Policy Manual Benicia PD Policy Manual Bias-Based Policing (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. 402.4 MEMBER RESPONSIBILITIES Every member of this department shall perform his/her duties in a fair and objective manner and is responsible for promptly reporting any suspected or known instances of bias-based policing to a supervisor. Members should, when reasonable to do so, intervene to prevent any biased-based actions by another member. 402.4.1 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. 402.4.2 REPORTING OF STOPS Unless an exception applies under 11 CCR 999.227, an officer conducting a stop of a person shall collect the data elements required by Government Code § 12525.5 and 11 CCR 999.226 for every person stopped and prepare a stop data report. When multiple officers conduct a stop, the officer with the highest level of engagement with the person shall collect the data elements and prepare the report (11 CCR 999.227). If multiple agencies are involved in a stop and the Benicia Police Department is the primary agency, the Benicia Police Department officer shall collect the data elements and prepare the stop data report (11 CCR 999.227). The stop data report should be completed by the end of the officer's shift or as soon as practicable (11 CCR 999.227). 402.4.3 DISCLOSURE AND DOCUMENTATION OF TRAFFIC OR PEDESTRIAN STOP An officer conducting a traffic or pedestrian stop shall state the reason for the stop prior to questioning the individual related to a criminal investigation or traffic violation unless the officer reasonably believes that withholding the reason for the stop is necessary to protect life or property from imminent threat, including but not limited to cases of terrorism or kidnapping (Vehicle Code § 2806.5). Officers shall document the reason for the stop on any citation or report (Vehicle Code § 2806.5). Copyright Lexipol, LLC 2024/03/28, All Rights Reserved. Bias-Based Policing - 305 Published with permission by Benicia Police Department Benicia Police Department Benicia PD Policy Manual Benicia PD Policy Manual Bias-Based Policing 402.5 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 terminal (MDT) data and any other available resource used to document contact between officers and the public to ensure compliance with the policy. 1. Supervisors should document these periodic reviews. 2. Recordings or data that capture a potential instance of bias-based policing should be appropriately retained for administrative investigation purposes. (c) Supervisors shall initiate investigations of any actual or alleged violations of this policy. (d) Supervisors should take prompt and reasonable steps to address any retaliatory action taken against any member of this department who discloses information concerning bias-based policing. 402.6 ADMINISTRATION Each year, the Services Lieutenant should review the efforts of the department to provide fair and objective policing and submit an annual report, including public concerns and complaints, to the Chief of Police. The annual report should not contain any identifying information about any specific complaint, member of the public or officers. It should be reviewed by the Chief of Police to identify any changes in training or operations that should be made to improve service. Supervisors should review the annual report and discuss the results with those they are assigned to supervise. 402.7 TRAINING Training on fair and objective policing and review of this policy shall be conducted annually and include: (a) Explicit and implicit biases. (b) Avoiding improper profiling. 402.7.1 ADDITIONAL STATE REQUIREMENTS Training should be conducted as directed by the Administrative Sergeant._ (a) All sworn members of this [department/office] will be scheduled to attend Peace Officer Standards and Training (POST)-approved training on the subject of bias-based policing. Copyright Lexipol, LLC 2024/03/28, All Rights Reserved. Bias-Based Policing - 306 Published with permission by Benicia Police Department Benicia Police Department Benicia PD Policy Manual Benicia PD Policy Manual Bias-Based Policing (b) Pending participation in such POST-approved training and at all times, all members of this [department/office] are encouraged to familiarize themselves with and consider racial and cultural differences among members of this community. (c) Each sworn member of this [department/office] who received initial bias-based policing training will thereafter be required to complete an approved POST refresher course every five years, or sooner if deemed necessary, in order to keep current with changing racial, identity, and cultural trends (Penal Code § 13519.4(i)). 402.8 REPORTING TO CALIFORNIA DEPARTMENT OF JUSTICE The Internal Affairs Manager shall ensure that all data required by the California Department of Justice (DOJ) regarding complaints of racial bias against officers is collected and provided to the records division for required reporting to the DOJ (Penal Code § 13012; Penal Code § 13020). See the records division Policy. Supervisors should ensure that data stop reports are provided to the records division for required annual reporting to the DOJ (Government Code § 12525.5) (See Records Bureau Policy). Copyright Lexipol, LLC 2024/03/28, All Rights Reserved. Bias-Based Policing - 307 Published with permission by Benicia Police Department Policy Benicia Police Department 404 Benicia PD Policy Manual Briefing Training 404.1 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 General Orders or changes in General Orders (d) Reviewing recent incidents for training purposes (e) Providing training on a variety of subjects 404.2 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. 404.3 RETENTION OF BRIEFING TRAINING RECORDS Briefing training materials and a curriculum or summary shall be forwarded to the Training Sergeant for inclusion in training records, as appropriate. Copyright Lexipol, LLC 2024/03/28, All Rights Reserved. Briefing Training - 308 Published with permission by Benicia Police Department Policy Benicia Police Department 406 Benicia PD Policy Manual Crime and Disaster Scene Integrity 406.1 PURPOSE AND SCOPE The purpose of this policy is to provide guidance in handling a major crime or disaster. 406.2 POLICY It is the policy of the Benicia 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. 406.3 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. 406.4 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. 406.4.1 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. 406.5 EXECUTION OF HEALTH ORDERS Any sworn member of this department is authorized to enforce all orders of the local health officer that have been issued for the purpose of preventing the spread of any contagious, infectious or communicable disease (Health and Safety Code § 120155). 406.6 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. Copyright Lexipol, LLC 2024/03/28, All Rights Reserved. Crime and Disaster Scene Integrity - 309 Published with permission by Benicia Police Department Benicia Police Department Benicia PD Policy Manual Benicia PD Policy Manual Crime and Disaster Scene Integrity (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. Copyright Lexipol, LLC 2024/03/28, All Rights Reserved. Crime and Disaster Scene Integrity - 310 Published with permission by Benicia Police Department Policy Benicia Police Department 408 Benicia PD Policy Manual Crisis Response Unit 408.1 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 necessary. 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). 408.1.1 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. 408.1.2 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 warrant the use of such a unit. 408.2 LEVELS OF CAPABILITY/TRAINING 408.3 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 Copyright Lexipol, LLC 2024/03/28, All Rights Reserved. Crisis Response Unit - 311 Published with permission by Benicia Police Department Benicia Police Department Benicia PD Policy Manual Benicia PD Policy Manual Crisis Response Unit a situation that exceeds their training levels due to the exigency of the circumstances. The preservation of innocent human life is paramount. 408.3.1 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. 408.3.2 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. (i) Specialized functions and supporting resources. 408.3.3 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. Copyright Lexipol, LLC 2024/03/28, All Rights Reserved. Crisis Response Unit - 312 Published with permission by Benicia Police Department Benicia Police Department Benicia PD Policy Manual Benicia PD Policy Manual Crisis Response Unit 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) 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. (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. 408.4 TRAINING NEEDS ASSESSMENT The SWAT/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). Copyright Lexipol, LLC 2024/03/28, All Rights Reserved. Crisis Response Unit - 313 Published with permission by Benicia Police Department Benicia Police Department Benicia PD Policy Manual Benicia PD Policy Manual Crisis Response Unit 408.4.1 INITIAL TRAINING SWAT team operators and SWAT supervisors/team leaders should not be deployed 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. 408.4.2 UPDATED TRAINING Appropriate team training for the specialized SWAT functions and other supporting resources should be completed prior to full deployment of the team. SWAT team operators and SWAT supervisors/team leaders should complete update or refresher training as certified by POST, or its equivalent, every 24 months. 408.4.3 SUPERVISION AND MANAGEMENT TRAINING Command and executive personnel are encouraged to attend training for managing the SWAT function at the organizational level to ensure personnel who provide active oversight at the scene of SWAT 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. 408.4.4 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: (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 Copyright Lexipol, LLC 2024/03/28, All Rights Reserved. Crisis Response Unit - 314 Published with permission by Benicia Police Department Benicia Police Department Benicia PD Policy Manual Benicia PD Policy Manual Crisis Response Unit 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 specialty 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 Rangemaster who has been approved by the CRU commander. Team members who fail to qualify on their specialty weapon may not utilize the specialty weapon on SWAT operations until qualified. Team members who fail to qualify must retest within 30 days. Failure to qualify with specialty weapons within 30 days may result in the team member being removed from the team or permanently disqualified from use of that particular specialty weapon. 408.4.5 TRAINING SAFETY Use of a designated safety officer should be considered for all tactical training. 408.4.6 SCENARIO BASED TRAINING SWAT teams 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. 408.4.7 TRAINING DOCUMENTATION Individual and team training shall be documented and records maintained by the SWAT Sergeant. A separate agency training file shall be maintained by the Administrative Sergeant with documentation and records of all P.O.S.T. certified and relevent non-P.O.S.T. certified specialized training. 408.5 UNIFORMS, EQUIPMENT, AND FIREARMS 408.5.1 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. 408.5.2 EQUIPMENT SWAT teams from this agency should be adequately equipped to meet the specific mission(s) identified by the agency. 408.5.3 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. Copyright Lexipol, LLC 2024/03/28, All Rights Reserved. Crisis Response Unit - 315 Published with permission by Benicia Police Department Benicia Police Department Benicia PD Policy Manual Benicia PD Policy Manual Crisis Response Unit 408.5.4 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. 408.6 MANAGEMENT/SUPERVISION OF CRISIS RESPONSE UNIT The Commander of the CRU is the Patrol Division Commander. 408.6.1 TEAM SUPERVISORS The Negotiation Team and the Special Weapons and Tactics Team will be supervised by a sergeant. SWAT may also utilize a trained officer to perform the duties of Team Leader if the SWAT Sergeant is unavailable. The team supervisors and team leader shall be selected by the Patrol Division Commander with final apporoval of the Chief of Police. 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 or team leader'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. 408.7 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. 408.7.1 SELECTION OF PERSONNEL Interested sworn personnel, who qualify pursuant to Policy 1004.21 (two years patrol experience and off probation), shall submit a specialized assignment request to their appropriate Division Commander. 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 personnel assigned by the CRU Commander. Interested personnel shall be evaluated by the following criteria: (a) Recognized competence and ability as evidenced by performance. Copyright Lexipol, LLC 2024/03/28, All Rights Reserved. Crisis Response Unit - 316 Published with permission by Benicia Police Department Benicia Police Department Benicia PD Policy Manual Benicia PD Policy Manual Crisis Response Unit (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. 408.7.2 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. 408.8 SWAT TEAM ADMINISTRATIVE PROCEDURES The Special Weapons and Tactics (SWAT) Team was established to provide a skilled and trained team which may be deployed during events requiring specialized tactics in such situations as cases where suspects have taken hostages and/or barricaded themselves as well as prolonged or predictable situations in which persons armed or suspected of being armed pose a danger to themselves or others. The following procedures serve as directives for the administrative operation of the Special Weapons and Tactics Team. 408.8.1 SELECTION OF PERSONNEL Interested sworn personnel, who qualify pursuant to Policy 1004.21 (two years patrol experience and off probation), shall submit a specialzed assignment request to their appropriate 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, SWAT basic handgun, and team evaluation. Copyright Lexipol, LLC 2024/03/28, All Rights Reserved. Crisis Response Unit - 317 Published with permission by Benicia Police Department Benicia Police Department Benicia PD Policy Manual Benicia PD Policy Manual Crisis Response Unit (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) SWAT basic handgun: Candidates will be invited to shoot the SWAT Basic Drill for the handgun. A minimum qualifying score of 90% 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. 408.8.2 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. 408.9 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 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. 408.9.1 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 Supervisor, he/she will Copyright Lexipol, LLC 2024/03/28, All Rights Reserved. Crisis Response Unit - 318 Published with permission by Benicia Police Department Benicia Police Department Benicia PD Policy Manual Benicia PD Policy Manual Crisis Response Unit notify the Patrol Division Commander or, after hours or if the Patrol Division Commander is not available, the on-call administrator. 408.9.2 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. 408.9.3 OUTSIDE AGENCY REQUESTS Requests by field personnel for assistance from outside agency crisis units must be approved by the Supervisor. Deployment of the Benicia Police Department Crisis Response Unit in response to requests by other agencies must be authorized by the Patrol Division Commander or, after hours or if the Patrol Division Commander is unavailable, by the on-call administrator. 408.9.4 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 Benicia Police Department SWAT team shall operate under the policies, procedures and command of the Benicia Police Department when working in a multi-agency situation. 408.9.5 MOBILIZATION OF CRISIS RESPONSE UNIT The On-Scene supervisor shall make a request to the Patrol Division Commander or the on-call administrator for the Crisis Response Unit. In extreme emergencies, or if the Patrol Commander or on-call administrator does not reply in a timely manner, the Supervisor shall then have the Communications Center page the CRU, notifying the Patrol Division Commander or the on-call administrator as soon as possible. The Supervisor should advise the Patrol Commander or on-call administrator 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. Copyright Lexipol, LLC 2024/03/28, All Rights Reserved. Crisis Response Unit - 319 Published with permission by Benicia Police Department Benicia Police Department Benicia PD Policy Manual Benicia PD Policy Manual Crisis Response Unit (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 Patrol Division Commander or on-call administrator shall then call selected officers to respond. 408.9.6 FIELD UNIT RESPONSIBILITIES While waiting for the Crisis Response Unit, field personnel should, if safe, 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. 408.9.7 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. Copyright Lexipol, LLC 2024/03/28, All Rights Reserved. Crisis Response Unit - 320 Published with permission by Benicia Police Department Benicia Police Department Benicia PD Policy Manual Benicia PD Policy Manual Crisis Response Unit 408.9.8 COMMUNICATION WITH CRISIS RESPONSE UNIT PERSONNEL All of those persons who are non-Crisis Response Unit 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. Copyright Lexipol, LLC 2024/03/28, All Rights Reserved. Crisis Response Unit - 321 Published with permission by Benicia Police Department Policy Benicia Police Department 410 Benicia PD Policy Manual Ride-Along Policy 410.1 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. 410.1.1 ELIGIBILITY The Benicia 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 410.1.2 AVAILABILITY The Ride-Along Program is available on most days of the week, with certain exceptions. The ride-along times are from 10:00 a.m. to 11:00 p.m. Exceptions to this schedule may be made as approved by the Chief of Police, Division Commander, or Supervisor. 410.2 PROCEDURE TO REQUEST A RIDE-ALONG Generally, ride-along requests will be scheduled by the Patrol Division Commander. 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 Patrol Division Commander 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 Supervisor 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. 410.2.1 PROGRAM REQUIREMENTS Once approved, civilian ride-alongs will be allowed to ride no more than once every six months. An exception would apply to the following: Cadets, Explorers, RSVP, Chaplains, Reserves, police applicants, and all others with approval of the Supervisor. Copyright Lexipol, LLC 2024/03/28, All Rights Reserved. Ride-Along Policy - 322 Published with permission by Benicia Police Department Benicia Police Department Benicia PD Policy Manual Benicia PD Policy Manual Ride-Along Policy 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. 410.2.2 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 Supervisor or field supervisor may refuse a ride along to anyone not properly dressed. 410.2.3 PEACE OFFICER RIDE-ALONGS Off-duty members of this department or any other law enforcement agency will not be permitted to ride-along with on-duty officers without the expressed consent of the Supervisor. In the event that such a ride-along is permitted, the off-duty employee shall not be considered on-duty and shall not represent themselves as a peace officer or participate in any law enforcement activity except as emergency circumstances may require. 410.2.4 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 Benicia Police Department) (CLETS Policies, Practices and Procedures Manual § 1.6.1.F.2.). 410.3 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 Supervisor is responsible for maintaining and scheduling ride-alongs. Upon completion of the ride-along, the yellow form shall be returned to the Supervisor with any comments which may be offered by the officer. 410.4 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 Copyright Lexipol, LLC 2024/03/28, All Rights Reserved. Ride-Along Policy - 323 Published with permission by Benicia Police Department Benicia Police Department Benicia PD Policy Manual Benicia PD Policy Manual Ride-Along Policy (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 Copyright Lexipol, LLC 2024/03/28, All Rights Reserved. Ride-Along Policy - 324 Published with permission by Benicia Police Department Policy Benicia Police Department 412 Benicia PD Policy Manual Hazardous Material Response 412.1 PURPOSE AND SCOPE Exposure to hazardous materials presents potential harm to [department/office] members and the public. This policy outlines the responsibilities of members who respond to these events and the factors that should be considered while on-scene, including the reporting of exposures and supervisor responsibilities. To comply with 8 CCR § 5194, the following is to be the policy of this [department/office]. 412.1.1 DEFINITIONS Definitions related to this policy include: Hazardous material – A substance which, by its nature, containment, or 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. 412.2 HAZARDOUS MATERIAL RESPONSE Members may encounter situations involving suspected hazardous materials, such as at the scene of a traffic accident, chemical spill, or fire. When members come into contact with a suspected hazardous material, certain steps should be taken to protect themselves and citizens. The following steps should be considered at any scene involving suspected hazardous materials: (a) Attempt to identify the type of hazardous substance. (Identification can be determined by placard, driver's manifest, or statements from the person transporting). (b) Notify the fire department. (c) Provide first-aid for injured parties if it can be done safely and without contamination. (d) Begin evacuation of the immediate area and surrounding areas, depending on the substance. Voluntary evacuation should be considered; however, depending on the substance, mandatory evacuation may be necessary. (e) Notify the local health authority. Such notification is mandatory when a spilled or released item is a pesticide (Health and Safety Code § 105215). (f) Notify the Department of Toxic Substances Control. This is mandatory when an officer comes in contact with, or is aware of, the presence of a suspected hazardous substance at a site where an illegal controlled substance is or was manufactured (Health and Safety Code § 79355). 412.3 REPORTING EXPOSURE [Department/Office] members who believe that they have been exposed to a hazardous material shall immediately report the exposure to a supervisor. Each exposure shall be documented by the member in an employee memorandum that shall be forwarded via chain of command to the Supervisor as soon as practicable. Should the affected member be unable to document the Copyright Lexipol, LLC 2024/03/28, All Rights Reserved. Hazardous Material Response - 325 Published with permission by Benicia Police Department Benicia Police Department Benicia PD Policy Manual Benicia PD Policy Manual Hazardous Material Response exposure for any reason, it shall be the responsibility of the notified supervisor to complete the report. 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 as applicable. 412.3.1 SUPERVISOR RESPONSIBILITY When a supervisor has been informed that a member has been exposed to a hazardous material, the supervisor shall ensure that immediate medical treatment is obtained and appropriate action is taken to lessen the exposure. To ensure the safety of members, safety equipment is available through supervisory personnel. Safety items not maintained by the [Department/Office] will be obtained through the fire department. Copyright Lexipol, LLC 2024/03/28, All Rights Reserved. Hazardous Material Response - 326 Published with permission by Benicia Police Department Policy Benicia Police Department 414 Benicia PD Policy Manual Hostage and Barricade Incidents 414.1 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. 414.1.1 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. 414.2 POLICY It is the policy of the Benicia 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. 414.3 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. 414.3.1 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, Copyright Lexipol, LLC 2024/03/28, All Rights Reserved. Hostage and Barricade Incidents - 327 Published with permission by Benicia Police Department Benicia Police Department Benicia PD Policy Manual Benicia PD Policy Manual Hostage and Barricade Incidents or both, oral communication in response to an emergency situation involving a hostage or the barricading of a location, and only when (Penal Code § 633.8(b)): (a) The officer reasonably determines an emergency situation exists that involves the immediate danger of death or serious physical injury to any person within the meaning of 18 USC § 2518(7)(a)(i), (b) The officer reasonably determines that the emergency situation requires that eavesdropping on oral communication occur immediately, and (c) There are grounds upon which an order could be obtained pursuant to 18 USC § 2516(2). (d) An application for an order approving the eavesdropping and complying with the requirements of Penal Code § 629.50 is made within 48 hours of the beginning of the eavesdropping. (e) The contents of any oral communications overheard are recorded on tape or other comparable device. 414.4 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. 414.4.1 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). Copyright Lexipol, LLC 2024/03/28, All Rights Reserved. Hostage and Barricade Incidents - 328 Published with permission by Benicia Police Department Benicia Police Department Benicia PD Policy Manual Benicia PD Policy Manual Hostage and Barricade Incidents (d) Provide responding emergency personnel with a safe arrival route to the location. (e) Evacuate uninjured persons in the immediate threat area if it is reasonably safe to do so. (f) Attempt or obtain a line of communication and gather as much information on the subject as possible, including weapons, other involved parties, additional hazards or injuries. (g) Establish an inner and outer perimeter as circumstances require and resources permit to prevent unauthorized access. (h) Evacuate bystanders, residents and businesses within the inner and then outer perimeter as appropriate. Check for injuries, the presence of other involved subjects, witnesses, evidence or additional information. (i) Determine the need for and notify the appropriate persons within and outside the department, such as command officers and the press information officer (PIO). (j) If necessary and available, establish a tactical or exclusive radio frequency for the incident. (k) Establish a command post. 414.4.2 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. Copyright Lexipol, LLC 2024/03/28, All Rights Reserved. Hostage and Barricade Incidents - 329 Published with permission by Benicia Police Department Benicia Police Department Benicia PD Policy Manual Benicia PD Policy Manual Hostage and Barricade Incidents (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. 414.5 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 Crisis Response Unit (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 (Penal Code § 11471). The supervisor must ensure the department obtains a court order, in accordance with Penal Code § 11472, prior to requesting the interruption. In the case of an extreme emergency when there is insufficient time to obtain an order prior to the request, application for the order must be submitted within six hours after initiating the interruption. If six hours is not possible, then the application for the court order shall be made at the first reasonably available opportunity, but no later than 24 hours in accordance with Penal Code § 11475. Copyright Lexipol, LLC 2024/03/28, All Rights Reserved. Hostage and Barricade Incidents - 330 Published with permission by Benicia Police Department Benicia Police Department Benicia PD Policy Manual Benicia PD Policy Manual Hostage and Barricade Incidents (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 Com Center. (i) Identify a media staging area outside the outer perimeter and have the department Press Information Officer or a designated temporary media representative provide media access in accordance with the Media Relations Policy. (j) Identify the need for mutual aid and the transition or relief of personnel for incidents of extended duration. (k) Debrief personnel and review documentation as appropriate. 414.6 CRU RESPONSIBILITIES The Incident Commander will decide, with input from the CRU Commander, whether to deploy the CRU during a hostage or barricade situation. Once the Incident Commander authorizes deployment, the CRU Commander or the authorized designee will be responsible for the tactical portion of the operation. The Incident Commander shall continue supervision of the command post operation, outer perimeter security and evacuation, media access and support for the CRU. The Incident Commander and the CRU Commander or the authorized designee shall maintain communications at all times. 414.7 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. Copyright Lexipol, LLC 2024/03/28, All Rights Reserved. Hostage and Barricade Incidents - 331 Published with permission by Benicia Police Department Policy Benicia Police Department 416 Benicia PD Policy Manual Response to Bomb Calls 416.1 PURPOSE AND SCOPE The purpose of this policy is to provide guidelines to assist members of the Benicia 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. 416.2 POLICY It is the policy of the Benicia Police Department to place a higher priority on the safety of persons and the public over damage or destruction to public or private property. 416.3 RECEIPT OF BOMB THREAT Department members receiving a bomb threat should obtain as much information from the individual as reasonably possible, including the type, placement and alleged detonation time of the device. If the bomb threat is received on a recorded line, reasonable steps should be taken to ensure that the recording is preserved in accordance with established department evidence procedures. The member receiving the bomb threat should ensure that the Supervisor is immediately advised and informed of the details. This will enable the Supervisor to ensure that the appropriate personnel are dispatched, and, as appropriate, the threatened location is given an advance warning. 416.4 GOVERNMENT FACILITY OR PROPERTY A bomb threat targeting a government facility may require a different response based on the government agency. 416.4.1 BENICIA POLICE DEPARTMENT FACILITY If the bomb threat is against the Benicia Police Department facility, the Supervisor will direct and assign officers as required for coordinating a general building search or evacuation of the police department, as he/she deems appropriate. 416.4.2 OTHER COUNTY OR MUNICIPAL FACILITY OR PROPERTY If the bomb threat is against a county or municipal facility within the jurisdiction of the Benicia 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 Supervisor deems appropriate. Copyright Lexipol, LLC 2024/03/28, All Rights Reserved. Response to Bomb Calls - 332 Published with permission by Benicia Police Department Benicia Police Department Benicia PD Policy Manual Benicia PD Policy Manual Response to Bomb Calls 416.4.3 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. 416.5 PRIVATE FACILITY OR PROPERTY When a member of this department receives notification of a bomb threat at a location in the City of Benicia, the member receiving the notification should obtain as much information as reasonably possible from the notifying individual, including: (a) The location of the facility. (b) The nature of the threat. (c) Whether the type and detonation time of the device is known. (d) Whether the facility is occupied and, if so, the number of occupants currently on-scene. (e) Whether the individual is requesting police assistance at the facility. (f) Whether there are any internal facility procedures regarding bomb threats in place, such as: 1. No evacuation of personnel and no search for a device. 2. Search for a device without evacuation of personnel. 3. Evacuation of personnel without a search for a device. 4. Evacuation of personnel and a search for a device. The member receiving the bomb threat information should ensure that the Supervisor is immediately notified so that he/she can communicate with the person in charge of the threatened facility. 416.5.1 ASSISTANCE The Supervisor should be notified when police assistance is requested. The Supervisor will make the decision whether the Department will render assistance and at what level. Information and circumstances that indicate a reasonably apparent, imminent threat to the safety of either the facility or the public may require a more active approach, including police control over the facility. Should the Supervisor determine that the Department will assist or control such an incident, he/ she will determine: (a) The appropriate level of assistance. Copyright Lexipol, LLC 2024/03/28, All Rights Reserved. Response to Bomb Calls - 333 Published with permission by Benicia Police Department Benicia Police Department Benicia PD Policy Manual Benicia PD Policy Manual Response to Bomb Calls (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. 416.6 FOUND DEVICE When handling an incident involving a suspected explosive device, the following guidelines, while not all inclusive, should be followed: (a) No known or suspected explosive item should be considered safe regardless of its size or apparent packaging. (b) The device should not be touched or moved except by the bomb squad or military explosive ordnance disposal team. (c) Personnel should not transmit on any equipment that is capable of producing radio frequency energy within the evacuation area around the suspected device. This includes the following: 1. Two-way radios 2. Cell phones 3. Other personal communication devices (d) The appropriate bomb squad or military explosive ordnance disposal team should be summoned for assistance. (e) The largest perimeter reasonably possible should initially be established around the device based upon available personnel and the anticipated danger zone. (f) A safe access route should be provided for support personnel and equipment. (g) Search the area for secondary devices as appropriate and based upon available resources. (h) Consider evacuation of buildings and personnel near the device or inside the danger zone and the safest exit route. (i) Promptly relay available information to the Supervisor including: 1. The time of discovery. Copyright Lexipol, LLC 2024/03/28, All Rights Reserved. Response to Bomb Calls - 334 Published with permission by Benicia Police Department Benicia Police Department Benicia PD Policy Manual Benicia PD Policy Manual Response to Bomb Calls 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. 416.7 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. 416.7.1 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. 416.7.2 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 • Supervisor • 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 Copyright Lexipol, LLC 2024/03/28, All Rights Reserved. Response to Bomb Calls - 335 Published with permission by Benicia Police Department Benicia Police Department Benicia PD Policy Manual Benicia PD Policy Manual Response to Bomb Calls 416.7.3 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. 416.7.4 PRESERVATION OF EVIDENCE As in any other crime scene, steps should immediately be taken to preserve the scene. The Supervisor 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. Copyright Lexipol, LLC 2024/03/28, All Rights Reserved. Response to Bomb Calls - 336 Published with permission by Benicia Police Department Policy Benicia Police Department 418 Benicia PD Policy Manual Mental Illness Commitments 418.1 PURPOSE AND SCOPE This policy provides guidelines for when officers may take a person into custody for psychiatric evaluation and treatment (5150 commitment) (Welfare and Institutions Code § 5150). 418.2 POLICY It is the policy of the Benicia Police Department to protect the public and individuals through legal and appropriate use of the 72-hour treatment and evaluation commitment (5150 commitment) process. 418.3 AUTHORITY An officer having probable cause may take a person into custody and place the person in an approved mental health facility for 72-hour treatment and evaluation when the officer believes that, as a result of a mental disorder, the person is a danger to him/herself or others or the person is gravely disabled (Welfare and Institutions Code § 5150; Welfare and Institutions Code § 5585.50). When determining whether to take a person into custody, officers are not limited to determining the person is an imminent danger and shall consider reasonably available information about the historical course of the person’s mental disorder, which may include evidence presented from any of the following (Welfare and Institutions Code § 5150; Welfare and Institutions Code § 5150.05): (a) An individual who is providing or has provided mental health treatment or related support services to the person (b) A family member (c) The person subject to the determination or anyone designated by the person 418.3.1 VOLUNTARY EVALUATION If an officer encounters an individual who may qualify for a 5150 commitment, he/she may inquire as to whether the person desires to voluntarily be evaluated at an appropriate facility. If the person so desires, the officers should: (a) Transport the person to an appropriate facility that is able to conduct the evaluation and admit the person pursuant to a 5150 commitment. (b) If at any point the person changes his/her mind regarding voluntary evaluation, officers should proceed with the 5150 commitment, if appropriate. (c) Document the circumstances surrounding the individual’s desire to pursue voluntary evaluation and/or admission. 418.4 CONSIDERATIONS AND RESPONSIBILITIES Any officer handling a call involving an individual who may qualify for a 5150 commitment should consider, as time and circumstances reasonably permit: Copyright Lexipol, LLC 2024/03/28, All Rights Reserved. Mental Illness Commitments - 337 Published with permission by Benicia Police Department Benicia Police Department Benicia PD Policy Manual Benicia PD Policy Manual Mental Illness Commitments (a) Available information that might assist in determining the cause and nature of the person’s action or stated intentions. (b) Community or neighborhood mediation services. (c) Conflict resolution and de-escalation techniques. (d) Community or other resources available to assist in dealing with mental health issues. While these steps are encouraged, nothing in this section is intended to dissuade officers from taking reasonable action to ensure the safety of the officers and others. Officers should consider a 5150 commitment over arrest when mental health issues appear to be a mitigating factor for people who are suspected of committing minor crimes or creating other public safety issues. 418.4.1 SECURING OF PROPERTY When a person is taken into custody for evaluation, or within a reasonable time thereafter, and unless a responsible relative, guardian or conservator is in possession of the person's personal property, the officer shall take reasonable precautions to safeguard the individual’s personal property in his/her possession or on the premises occupied by the person (Welfare and Institutions Code § 5150). The officer taking the person into custody shall provide a report to the court that describes the person’s property and its disposition in the format provided in Welfare and Institutions Code § 5211, unless a responsible person took possession of the property, in which case the officer shall only include the name of the responsible person and the location of the property (Welfare and Institutions Code § 5150). 418.5 TRANSPORTATION When transporting any individual for a 5150 commitment, the transporting officer should have Dispatch notify the receiving facility of the estimated time of arrival, the level of cooperation of the individual and whether any special medical care is needed. Officers may transport individuals in a patrol unit and shall secure them in accordance with the Handcuffing and Restraints Policy. Should the detainee require transport in a medical transport vehicle and the safety of any person, including the detainee, requires the presence of an officer during the transport, Supervisor approval is required before transport commences. 418.6 TRANSFER TO APPROPRIATE FACILITY Upon arrival at the facility, the officer will escort the individual into a treatment area designated by a facility staff member. If the individual is not seeking treatment voluntarily, the officer should provide the staff member with the written application for a 5150 commitment and remain present to provide clarification of the grounds for detention, upon request. Absent exigent circumstances, the transporting officer should not assist facility staff with the admission process, including restraint of the individual. However, if the individual is transported Copyright Lexipol, LLC 2024/03/28, All Rights Reserved. Mental Illness Commitments - 338 Published with permission by Benicia Police Department Benicia Police Department Benicia PD Policy Manual Benicia PD Policy Manual Mental Illness Commitments 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. 418.7 DOCUMENTATION The officer shall complete an application for a 72-Hour detention for evaluation and treatment, provide it to the facility staff member assigned to that patient and retain a copy of the application for inclusion in the case report. The application shall include the circumstances for officer involvement; the probable cause to believe the person is, as a result of a mental health disorder, a danger to others or him/herself or gravely disabled; and all information used for the determination of probable cause (Welfare and Institutions Code § 5150; Welfare and Institutions Code § 5150.05). The officer should also provide a verbal summary to any evaluating staff member regarding the circumstances leading to the involuntary detention. 418.7.1 ADVISEMENT The officer taking a person into custody for evaluation shall advise the person of: (a) The officer’s name and agency. (b) The fact that the person is not under criminal arrest but is being taken for examination by mental health professionals and the mental health staff will advise him/her of their rights. (c) The name of the facility to which the person is being taken. (d) If the person is being taken into custody at his/her residence, he/she should also be advised that he/she may take a few personal items, which the officer must approve, and may make a telephone call or leave a note indicating where he/she is being taken. The officer should also ask if the person needs assistance turning off any appliance or water. The advisement shall be given in a language the person understands. If the person cannot understand an oral advisement, the information shall be provided in writing (Welfare and Institutions Code § 5150). 418.8 CRIMINAL OFFENSES Officers investigating an individual who is suspected of committing a minor criminal offense and who is being taken on a 5150 commitment should resolve the criminal matter by issuing a warning or a Notice to Appear as appropriate. When an individual who may qualify for a 5150 commitment has committed a serious criminal offense that would normally result in an arrest and transfer to a jail facility, the officer should: (a) Arrest the individual when there is probable cause to do so. (b) Notify the appropriate supervisor of the facts supporting the arrest and the facts that would support the 5150 commitment. Copyright Lexipol, LLC 2024/03/28, All Rights Reserved. Mental Illness Commitments - 339 Published with permission by Benicia Police Department Benicia Police Department Benicia PD Policy Manual Benicia PD Policy Manual Mental Illness Commitments (c) Facilitate the individual’s transfer to jail. (d) Thoroughly document in the related reports the circumstances that indicate the individual may qualify for a 5150 commitment. In the supervisor’s judgment, the individual may instead be arrested or booked and transported to the appropriate mental health facility. The supervisor should consider the seriousness of the offense, the treatment options available, the ability of this [department/office] to regain custody of the individual, [department/office] resources (e.g., posting a guard) and other relevant factors in making this decision. 418.9 FIREARMS AND OTHER WEAPONS Whenever a person is taken into custody for a 5150 commitment, the handling officers should seek to determine if the person owns or has access to any firearm or other deadly weapon defined in Welfare and Institutions Code § 8100. Officers should consider whether it is appropriate and consistent with current search and seizure law under the circumstances to seize any such firearms or other dangerous weapons (e.g., safekeeping, evidence, consent). Officers are cautioned that a search warrant may be needed before entering a residence or other place to search, unless lawful, warrantless entry has already been made (e.g., exigent circumstances, consent). A search warrant may also be needed before searching for or seizing weapons The handling officers shall issue a receipt describing the deadly weapon or any firearm seized, and list any serial number or other identification that is on the firearm. Officers shall advise the person of the procedure for the return of any firearm or other weapon that has been taken into custody (Welfare and Institutions Code § 8102 (b)) (see Property and Evidence Policy). 418.9.1 PETITION FOR RETURN OF FIREARMS AND OTHER WEAPONS Whenever the handling officer has cause to believe that the future return of any confiscated weapon might endanger the person or others, the officer shall detail those facts and circumstances in a report. The report shall be forwarded to the Investigation Division, which shall be responsible for initiating a petition to the Superior Court for a hearing in accordance with Welfare and Institutions Code § 8102(c), to determine whether the weapon will be returned. The petition to the Superior Court shall be initiated within 30 days of the release of the individual from whom such weapon has been confiscated, unless the [Department/Office] 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/Office] 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. Copyright Lexipol, LLC 2024/03/28, All Rights Reserved. Mental Illness Commitments - 340 Published with permission by Benicia Police Department Benicia Police Department Benicia PD Policy Manual Benicia PD Policy Manual Mental Illness Commitments 418.10 TRAINING This [department/office] will endeavor to provide Peace Officer Standards and Training (POST)- approved advanced officer training on interaction with persons with mental disabilities, 5150 commitments and crisis intervention. Copyright Lexipol, LLC 2024/03/28, All Rights Reserved. Mental Illness Commitments - 341 Published with permission by Benicia Police Department Policy Benicia Police Department 420 Benicia PD Policy Manual Cite and Release Policy 420.1 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. 420.2 POLICY It is the policy of the Benicia Police Department to release all persons arrested on misdemeanor or other qualifying charges on a citation with certain exceptions (Penal Code § 853.6). If there is a reason for non-release, the [Department/Office]’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. 420.3 RELEASE BY CITATION Except in cases where a reason for non-release as described below exists, adults arrested for a misdemeanor offense, including a private person's arrest, shall be released from custody on a citation (Penal Code § 853.6). The citing officer shall, at the time the defendant signs the notice to appear, call attention to the time and place for appearance and take any other steps they deem necessary to ensure that the defendant understands their written promise to appear. 420.3.1 FIELD CITATIONS In most cases an adult arrested for a misdemeanor offense may be released in the field on a citation in lieu of physical arrest when booking and fingerprinting is not practicable or immediately required provided the individual can be satisfactorily identified, there is no outstanding arrest warrant for the individual and none of the below described disqualifying circumstances are present (Penal Code § 853.6; Penal Code § 1270.1). In such cases the arresting officer should check the booking required box on the citation form to indicate that the person will be photographed and fingerprinted at a later time when ordered by the court. When a booking photo or fingerprints are needed for the furtherance of any investigation, the person should be released on citation after booking instead of on a field citation. 420.3.2 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 Supervisor or the authorized designee. 420.4 NON-RELEASE Copyright Lexipol, LLC 2024/03/28, All Rights Reserved. Cite and Release Policy - 342 Published with permission by Benicia Police Department Benicia Police Department Benicia PD Policy Manual Benicia PD Policy Manual Cite and Release Policy 420.4.1 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) 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) (f) Stalking (Penal Code § 646.9) (g) 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) 420.4.2 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 Supervisor 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/Office] and does not present an unreasonable risk to the community (e.g., release of an intoxicated or ill person to a responsible adult). Reasons for non-release include (Penal Code § 853.6(i)): (a) The person arrested is so intoxicated that they could be a danger to themselves or to others. Release may occur as soon as this condition no longer exists. (b) The person arrested requires medical examination or medical care or is otherwise unable to care for their own safety. (c) The person is arrested for one or more of the offenses listed in Vehicle Code § 40302, Vehicle Code § 40303, and Vehicle Code § 40305. (d) There are one or more outstanding arrest warrants for the person (see Misdemeanor Warrants elsewhere in this policy). (e) The person could not provide satisfactory evidence of personal identification. 1. If a person released on citation does not have satisfactory identification in their possession, a right thumbprint or fingerprint should be obtained on the citation form. (f) The prosecution of the offense or offenses for which the person was arrested or the prosecution of any other offense or offenses would be jeopardized by the immediate release of the person arrested. Copyright Lexipol, LLC 2024/03/28, All Rights Reserved. Cite and Release Policy - 343 Published with permission by Benicia Police Department Benicia Police Department Benicia PD Policy Manual Benicia PD Policy Manual Cite and Release Policy (g) There is a reasonable likelihood that the offense or offenses would continue or resume, or that the safety of persons or property would be imminently endangered by the release of the person arrested. (h) The person arrested demands to be taken before a magistrate or has refused to sign the notice to appear. (i) There is reason to believe that the person would not appear at the time and place specified in the notice to appear. The basis for this determination shall be specifically documented. Reasons may include: 1. Previous failure to appear is on record 2. The person lacks ties to the area, such as a residence, job, or family 3. Unusual circumstances lead the officer responsible for the release of arrested persons to conclude that the suspect should be held for further investigation (j) A previous conviction, citation, or arrest for misdemeanor or felony retail theft from a store in the previous six months. (k) There is probable cause to believe that the person arrested is guilty of committing organized retail theft. 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 Supervisor for approval and included with the case file in the Records Section. 420.5 MISDEMEANOR WARRANTS An adult arrested on a misdemeanor warrant may be released, subject to Supervisor approval, unless any of the following conditions exist: (a) The misdemeanor cited in the warrant involves violence. (b) The misdemeanor cited in the warrant involves a firearm. (c) The misdemeanor cited in the warrant involves resisting arrest. (d) The misdemeanor cited in the warrant involves giving false information to a peace officer. (e) The person arrested is a danger to themselves or others due to intoxication or being under the influence of drugs or narcotics. (f) The person requires medical examination or medical care or was otherwise unable to care for their own safety. (g) The person has other ineligible charges pending against themselves. (h) There is reasonable likelihood that the offense or offenses would continue or resume, or that the safety of persons or property would be immediately endangered by the release of the person. (i) The person refuses to sign the notice to appear. (j) The person cannot provide satisfactory evidence of personal identification. Copyright Lexipol, LLC 2024/03/28, All Rights Reserved. Cite and Release Policy - 344 Published with permission by Benicia Police Department Benicia Police Department Benicia PD Policy Manual Benicia PD Policy Manual Cite and Release Policy (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. 420.6 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 Benicia City codes All other misdemeanor violations for juveniles shall be documented with a case number and the case should be referred to the Investigation Division for further action including diversion. 420.7 REQUESTING CASE NUMBERS Many cases involving a criminal citation release can be handled without requesting a case number. Traffic situations and local code violations can be documented on the reverse side of the records copy of the citation. Most Penal Code sections will require a case number to document the incident properly in a report. This section does not preclude an officer from requesting a case number if the officer feels the situation should be documented more thoroughly in a case report. Copyright Lexipol, LLC 2024/03/28, All Rights Reserved. Cite and Release Policy - 345 Published with permission by Benicia Police Department Policy Benicia Police Department 422 Benicia PD Policy Manual Foreign Diplomatic and Consular Representatives 422.1 PURPOSE AND SCOPE This policy provides guidelines to ensure that members of the Benicia Police Department extend appropriate privileges and immunities to foreign diplomatic and consular representatives in accordance with international law. 422.2 POLICY The Benicia 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. 422.3 CLAIMS OF IMMUNITY If a member comes into contact with a person where law enforcement action may be warranted and the person claims diplomatic or consular privileges and immunities, the member should, without delay: (a) Notify a supervisor. (b) Advise the person that his/her claim will be investigated and he/she may be released in accordance with the law upon confirmation of the person’s status. (c) Request the person’s identification card, either issued by the U.S. Department of State (DOS), Office of the Chief of Protocol, or in the case of persons accredited to the United Nations, by the U.S. Mission to the United Nations. These are the only reliable documents for purposes of determining privileges and immunities. (d) Contact the DOS Diplomatic Security Command Center at 571-345-3146 or toll free at 866-217-2089, or at another current telephone number and inform the center of the circumstances. (e) Verify the immunity status with DOS and follow any instructions regarding further detention, arrest, prosecution and/or release, as indicated by the DOS representative. This may require immediate release, even if a crime has been committed. Identity or immunity status should not be presumed from the type of license plates displayed on a vehicle. If there is a question as to the status or the legitimate possession of a Diplomat or Consul license plate, a query should be run via the National Law Enforcement Telecommunications System (NLETS), designating “US” as the state. 422.4 ENFORCEMENT If the DOS is not immediately available for consultation regarding law enforcement action, members shall be aware of the following: Copyright Lexipol, LLC 2024/03/28, All Rights Reserved. Foreign Diplomatic and Consular Published with permission by Benicia Police Department Representatives - 346 Benicia Police Department Benicia PD Policy Manual Benicia PD Policy Manual Foreign Diplomatic and Consular Representatives (a) Generally, all persons with diplomatic and consular privileges and immunities may be issued a citation or notice to appear. However, the person may not be compelled to sign the citation. (b) All persons, even those with a valid privilege or immunity, may be reasonably restrained in exigent circumstances for purposes of self-defense, public safety or the prevention of serious criminal acts. (c) An impaired foreign diplomatic or consular representative may be prevented from driving a vehicle, even if the person may not be arrested due to privileges and immunities. 1. Investigations, including the request for field sobriety tests, chemical tests and any other tests regarding impaired driving may proceed but they shall not be compelled. (d) The following persons may not be detained or arrested, and any property or vehicle owned by these persons may not be searched or seized: 1. Diplomatic-level staff of missions to international organizations and recognized family members 2. Diplomatic agents and recognized family members 3. Members of administrative and technical staff of a diplomatic mission and recognized family members 4. Career consular officers, unless the person is the subject of a felony warrant (e) The following persons may generally be detained and arrested: 1. International organization staff; however, some senior officers are entitled to the same treatment as diplomatic agents. 2. Support staff of missions to international organizations 3. Diplomatic service staff and consular employees; however, special bilateral agreements may exclude employees of certain foreign countries. 4. Honorary consular officers 5. Whenever an officer arrests and incarcerates, or detains for investigation for over two hours, a person with diplomatic and consular privileges and immunities, the officer shall promptly advise the person that he/she is entitled to have his/her government notified of the arrest or detention (Penal Code § 834c). If the individual wants his/her government notified, the officer shall begin the notification process. 422.5 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. 422.6 DIPLOMATIC IMMUNITY TABLE Reference table on diplomatic immunity: Copyright Lexipol, LLC 2024/03/28, All Rights Reserved. Foreign Diplomatic and Consular Published with permission by Benicia Police Department Representatives - 347 Benicia Police Department Benicia PD Policy Manual Benicia PD Policy Manual Foreign Diplomatic and Consular Representatives Category Arrested or Enter Issued Subpoenaed Prosecuted Recognized Detained Residence Traffic as Witness Family Subject to Citation Members Ordinary Procedures Diplomatic No No Yes No No Same as Agent (note (b)) sponsor (full immunity & inviolability) Member of No No Yes No No Same as Admin and (note (b)) sponsor (full Tech Staff immunity & inviolability) Service Staff Yes Yes Yes Yes No for official No immunity (note (a)) acts. or inviolability Yes (note (a)) otherwise (note (a)) Career Yes if for Yes Yes No for official No for official No immunity Consul a felony and (note (d)) acts acts. or inviolability Officer pursuant to a Testimony Yes warrant may not be otherwise (note (a)) compelled in (note (a)) any case Honorable Yes Yes Yes No for official No for official No immunity Consul acts acts or inviolability Officer Yes Yes otherwise. otherwise Consulate Yes Yes Yes No for official No for official No immunity Employees (note (a)) acts acts. or inviolability Yes Yes (note (a)) otherwise. otherwise (note (a)) Int’l Org Staff Yes Yes Yes Yes No for official No immunity (note (b)) (note (c)) (note (c)) (note (c)) acts. or inviolability Yes otherwise (note (c)) Diplomatic- No No Yes No No Same as Level Staff of (note (b)) sponsor (full Missions to immunity & Int’l Org inviolability) Support Yes Yes Yes Yes No for official No immunity Staff of acts or inviolability Missions to Yes Int’l Orgs otherwise Notes for diplomatic immunity table: Copyright Lexipol, LLC 2024/03/28, All Rights Reserved. Foreign Diplomatic and Consular Published with permission by Benicia Police Department Representatives - 348 Benicia Police Department Benicia PD Policy Manual Benicia PD Policy Manual Foreign Diplomatic and Consular Representatives (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. Copyright Lexipol, LLC 2024/03/28, All Rights Reserved. Foreign Diplomatic and Consular Published with permission by Benicia Police Department Representatives - 349 Policy Benicia Police Department 424 Benicia PD Policy Manual Rapid Response and Deployment 424.1 PURPOSE AND SCOPE Violence that is committed in schools, workplaces and other locations by individuals or a group of individuals who are determined to target and kill persons and to create mass casualties presents a difficult situation for law enforcement. The purpose of this policy is to identify guidelines and factors that will assist responding officers in situations that call for rapid response and deployment. 424.2 POLICY The Benicia Police Department will endeavor to plan for rapid response to crisis situations, and to coordinate response planning with other emergency services as well as with those that are responsible for operating sites that may be the target of a critical incident. Nothing in this policy shall preclude the use of reasonable force, deadly or otherwise, by members of the [Department/Office] in protecting themselves or others from death or serious injury. 424.3 FIRST RESPONSE If there is a reasonable belief that acts or threats by a suspect are placing lives in imminent danger, first responding officers should consider reasonable options to reduce, prevent or eliminate the threat. Officers must decide, often under a multitude of difficult and rapidly evolving circumstances, whether to advance on the suspect, take other actions to deal with the threat or wait for additional resources. If a suspect is actively engaged in the infliction of serious bodily harm or other life-threatening activity toward others, officers should take immediate action, if reasonably practicable, while requesting additional assistance. Officers should remain aware of the possibility that an incident may be part of a coordinated multi- location attack that may require some capacity to respond to other incidents at other locations. When deciding on a course of action officers should consider: (a) Whether to advance on or engage a suspect who is still a possible or perceived threat to others. Any advance or engagement should be based on information known or received at the time. (b) Whether to wait for additional resources or personnel. This does not preclude an individual officer from taking immediate action. (c) Whether individuals who are under imminent threat can be moved or evacuated with reasonable safety. (d) Whether the suspect can be contained or denied access to victims. (e) Whether the officers have the ability to effectively communicate with other personnel or resources. (f) Whether planned tactics can be effectively deployed. Copyright Lexipol, LLC 2024/03/28, All Rights Reserved. Rapid Response and Deployment - 350 Published with permission by Benicia Police Department Benicia Police Department Benicia PD Policy Manual Benicia PD Policy Manual Rapid Response and Deployment (g) The availability of rifles, shotguns, shields, breaching tools, control devices and any other appropriate tools, and whether the deployment of these tools will provide a tactical advantage. In a case of a barricaded suspect with no hostages and no immediate threat to others, officers should consider summoning and waiting for additional assistance (special tactics and/or hostage negotiation team response). 424.3.1 RESPONSE TO SCHOOL THREATS Upon receiving a threat or perceived threat from a school official that involves grades 6 to 12, officers shall immediately investigate and conduct a threat assessment. The investigation shall include a review of the firearm registry of the California Department of Justice. A reasonable search of the school at issue shall be conducted when the search is justified by reasonable suspicion that it would produce evidence related to the threat or perceived threat (Education Code § 49394). For purposes of this subsection a "threat" or "perceived threat" means any writing or action of a pupil that creates a reasonable suspicion that the pupil is preparing to commit a homicidal act related to school or a school activity. This may include possession, use, or depictions of firearms, ammunition, shootings, or targets in association with infliction of physical harm, destruction, or death in a social media post, journal, class note, or other media associated with the pupil. It may also include a warning by a parent, pupil, or other individual (Education Code § 49390). 424.4 CONSIDERATIONS When dealing with a crisis situation members should: (a) Assess the immediate situation and take reasonable steps to maintain operative control of the incident. (b) Obtain, explore and analyze sources of intelligence and known information regarding the circumstances, location and suspect involved in the incident. (c) Attempt to attain a tactical advantage over the suspect by reducing, preventing or eliminating any known or perceived threat. (d) Attempt, if feasible and based upon the suspect’s actions and danger to others, a negotiated surrender of the suspect and release of the hostages. 424.5 PLANNING The Patrol Division Commander should coordinate critical incident planning. Planning efforts should consider: (a) Identification of likely critical incident target sites, such as schools, shopping centers, entertainment and sporting event venues. (b) Availability of building plans and venue schematics of likely critical incident target sites. (c) Communications interoperability with other law enforcement and emergency service agencies. (d) Training opportunities in critical incident target sites, including joint training with site occupants. Copyright Lexipol, LLC 2024/03/28, All Rights Reserved. Rapid Response and Deployment - 351 Published with permission by Benicia Police Department Benicia Police Department Benicia PD Policy Manual Benicia PD Policy Manual Rapid Response and Deployment (e) Evacuation routes in critical incident target sites. (f) Patrol first-response training. (g) Response coordination and resources of emergency medical and fire services. (h) Equipment needs. (i) Mutual aid agreements with other agencies. (j) Coordination with private security providers in critical incident target sites. 424.6 TRAINING The Training Sergeant should include rapid response to critical incidents in the training plan. This training should address: (a) Orientation to likely critical incident target sites, such as schools, shopping centers, entertainment and sporting event venues. (b) Communications interoperability with other law enforcement and emergency service agencies. (c) Patrol first-response training, including patrol rifle, shotgun, breaching tool and control device training. (a) This should include the POST terrorism incident training required for officers assigned to field duties (Penal Code § 13519.12). (d) First aid, including gunshot trauma. (e) Reality-based scenario training (e.g., active shooter, disgruntled violent worker). Copyright Lexipol, LLC 2024/03/28, All Rights Reserved. Rapid Response and Deployment - 352 Published with permission by Benicia Police Department Policy Benicia Police Department 428 Benicia PD Policy Manual Immigration Violations 428.1 PURPOSE AND SCOPE The purpose of this policy is to provide guidelines to members of the Benicia Police Department for investigating and enforcing immigration laws. 428.1.1 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. 428.2 POLICY It is the policy of the Benicia Police Department that all members make personal and professional commitments to equal enforcement of the law and equal service to the public. Confidence in this commitment will increase the effectiveness of this department in protecting and serving the entire community and recognizing the dignity of all persons, regardless of their national origin or immigration status. 428.2.1 CITY OF BENICIA RESOLUTION #17-13 1. No person shall be contacted, detained, or arrested solely on the basis of his or her immigration status. 2. The Benicia Police Department will equally enforce the laws and serve the public without regard to immigration status. Except as specifically set forth below, the immigration status of a person, and the lack of immigration documentation, should have no bearing on the manner in which Officers execute their duties. A. Police Officer's suspicion about any person's immigration status shall not be used as a sole basis to initiate contact, detain, or arrest that person unless such status is reasonably relevant to the investigation of a crime, such as trafficking, smuggling, harboring, and terrorism. B. Sweeps intended solely to locate and detain undocumented immigrants are not permitted. Police Officers will not participate in Immigration and Customs Enforcement organized sweeps to locate and detain undocumented aliens. Police personnel may, however, provide support services, including traffic control, during an Immigration and Customs Enforcement operation, upon the specific request of Immigration and Customs Enforcement for assistance. Copyright Lexipol, LLC 2024/03/28, All Rights Reserved. Immigration Violations - 353 Published with permission by Benicia Police Department Benicia Police Department Benicia PD Policy Manual Benicia PD Policy Manual Immigration Violations 428.3 VICTIMS AND WITNESSES To encourage crime reporting and cooperation in the investigation of criminal activity, all individuals, regardless of their immigration status, must feel secure that contacting or being addressed by members of law enforcement will not automatically lead to immigration inquiry and/or deportation. While it may be necessary to determine the identity of a victim or witness, members shall treat all individuals equally and not in any way that would violate the United States or California constitutions. 428.4 IMMIGRATION INQUIRIES PROHIBITED Officers shall not inquire into an individual’s immigration status for immigration enforcement purposes (Government Code § 7284.6). 428.4.1 CALIFORNIA LAW ENFORCEMENT TELECOMMUNICATIONS SYSTEM (CLETS) Members shall not use information transmitted through CLETS for immigration enforcement purposes except for criminal history information and only when consistent with the California Values Act (Government Code § 15160). Members shall not use the system to investigate immigration violations of 8 USC § 1325 (improper entry) if that violation is the only criminal history in an individual’s record (Government Code § 15160). 428.4.2 CALIFORNIA DEPARTMENT OF MOTOR VEHICLES Members shall not obtain, access, use, or otherwise disclose noncriminal history information maintained by the DMV for immigration enforcement (Vehicle Code § 1808.48). 428.5 TRAINING The Training Sergeant should ensure that all appropriate members receive training on immigration issues. Training should include: (a) Identifying civil versus criminal immigration violations. (b) Factors that may be considered in determining whether a criminal immigration violation has been committed. (c) Prohibitions contained in the California Values Act (Government Code § 7284 et seq.). 428.6 U VISA AND T VISA NONIMMIGRANT STATUS Under certain circumstances, federal law allows temporary immigration benefits, known as a U visa, to victims and witnesses of certain qualifying crimes (8 USC § 1101(a)(15)(U)). Similar immigration protection, known as a T visa, is available for certain qualifying victims of human trafficking (8 USC § 1101(a)(15)(T)). Any request for assistance in applying for U visa or T visa status should be forwarded in a timely manner to the Investigation Division supervisor assigned to oversee the handling of any related case. The Investigation Division supervisor should: Copyright Lexipol, LLC 2024/03/28, All Rights Reserved. Immigration Violations - 354 Published with permission by Benicia Police Department Benicia Police Department Benicia PD Policy Manual Benicia PD Policy Manual Immigration Violations (a) Consult with the assigned investigator to determine the current status of any related case and whether further documentation is warranted. (b) Contact the appropriate prosecutor assigned to the case, if applicable, to ensure the certification or declaration has not already been completed and whether a certification or declaration is warranted. (c) Address the request and complete the certification or declaration, if appropriate, in a timely manner. 1. The instructions for completing certification and declaration forms can be found on the U.S. Department of Homeland Security (DHS) website. 2. Form I-918 Supplement B certification shall be completed if the victim qualifies under Penal Code § 679.10 (multiple serious offenses). The certification shall be completed and not refused for the specified reasons in Penal Code § 679.10(k) (3). 3. Form I-914 Supplement B declaration shall be completed if the victim qualifies under Penal Code § 236.5 or Penal Code § 679.11 (human trafficking). The declaration shall be completed and not refused for completion for the specified reasons in Penal Code § 679.11(j)(3). 4. Forward the completed Form I-918 Supplement B certification or completed Form I-914 declaration B to the victim, family member, or authorized representative (as defined in Penal Code § 679.10 and Penal Code § 679.11) without requiring the victim to provide government-issued identification (Penal Code § 679.10; Penal Code § 679.11) (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. 1. If Form I-918 Supplement B is not certified, a written explanation of denial shall be provided to the victim or authorized representative. The written denial shall include specific details of any reasonable requests for cooperation and a detailed description of how the victim refused to cooperate (Penal Code § 679.10). (e) Inform the victim liaison of any requests and their status. 428.6.1 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 related to one of their assigned cases. If the victim is in removal proceedings, the Copyright Lexipol, LLC 2024/03/28, All Rights Reserved. Immigration Violations - 355 Published with permission by Benicia Police Department Benicia Police Department Benicia PD Policy Manual Benicia PD Policy Manual Immigration Violations certification shall be processed within seven days of the first business day following the day the request was received. 428.6.2 REPORTING TO LEGISLATURE The Investigations supervisor or the authorized designee should ensure that certification requests are reported to the Legislature in January of each year and include the number of certifications signed and the number denied. The report shall comply with Government Code § 9795 (Penal Code § 679.10; Penal Code § 679.11). 428.6.3 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). 428.7 INFORMATION SHARING No member of this [department/office] will prohibit, or in any way restrict, any other member from doing any of the following regarding the citizenship or immigration status, lawful or unlawful, of any individual (8 USC § 1373; Government Code § 7284.6): (a) Sending information to, or requesting or receiving such information from federal immigration officials (b) Maintaining such information in [department/office] 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. 428.7.1 IMMIGRATION DETAINERS No individual should be held based solely on a federal immigration detainer under 8 CFR 287.7 (Government Code § 7284.6). Notification to a federal authority may be made prior to release of an individual who is the subject of a notification request only if the individual meets one of the following conditions (Government Code § 7282.5; Government Code § 7284.6): (a) The individual has been arrested and had a judicial probable cause determination for a serious or violent felony identified in Penal Code § 667.5(c) or Penal Code § 1192.7(c). (b) The individual has been arrested and had a judicial probable cause determination for a felony punishable by time in a state prison. (c) The individual has been convicted of an offense as identified in Government Code § 7282.5(a). (d) The individual is a current registrant on the California Sex and Arson Registry. (e) The individual is identified by the U.S. Department of Homeland Security’s Immigration and Customs Enforcement as the subject of an outstanding federal felony arrest warrant. Copyright Lexipol, LLC 2024/03/28, All Rights Reserved. Immigration Violations - 356 Published with permission by Benicia Police Department Benicia Police Department Benicia PD Policy Manual Benicia PD Policy Manual Immigration Violations 428.7.2 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 Benicia Police Department intends to comply with the request (Government Code § 7283.1). If the Benicia Police Department provides ICE with notification that an individual is being, or will be, released on a certain date, the same notification shall be provided in writing to the individual and to his/her attorney or to one additional person who the individual may designate (Government Code § 7283.1). 428.7.3 ICE INTERVIEWS Before any interview regarding civil immigration violations takes place between ICE personnel and an individual in custody, the Benicia 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 Government Code § 7283.1. 428.7.4 TRANSFERS TO IMMIGRATION AUTHORITIES Members shall not transfer an individual to immigration authorities unless one of the following circumstances exist (Government Code § 7282.5; Government Code § 7284.6): (a) Transfer is authorized by a judicial warrant or judicial probable cause determination. (b) The individual has been convicted of an offense as identified in Government Code § 7282.5(a). (c) The individual is a current registrant on the California Sex and Arson Registry. (d) The individual is identified by the U.S. Department of Homeland Security’s Immigration and Customs Enforcement as the subject of an outstanding federal felony arrest warrant. 428.7.5 REPORTING TO CALIFORNIA DEPARTMENT OF JUSTICE The Investigation Division supervisor shall ensure that data regarding the number of transfers of an individual to immigration authorities, as permitted by Government Code § 7284.6(a)(4), and the offense that allowed for the transfer is collected and provided to the Services Division Lieutenant for required reporting to the DOJ (Government Code § 7284.6(c)(2)(see the Records Section Policy). 428.8 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/office] should be directed to a supervisor. The supervisor is responsible for determining whether the requested assistance would be permitted under the California Values Act (Government Code § 7284.2 et seq.).. Copyright Lexipol, LLC 2024/03/28, All Rights Reserved. Immigration Violations - 357 Published with permission by Benicia Police Department Benicia Police Department Benicia PD Policy Manual Benicia PD Policy Manual Immigration Violations 428.9 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). 428.9.1 SUPERVISOR RESPONSIBILITIES When notified that an officer has arrested an individual for violation of 8 USC § 1326(a) or under the authority of a judicial warrant, the supervisor should determine whether it is appropriate to: (a) Transfer the person to federal authorities. (b) Transfer the person to jail. Copyright Lexipol, LLC 2024/03/28, All Rights Reserved. Immigration Violations - 358 Published with permission by Benicia Police Department Policy Benicia Police Department 430 Benicia PD Policy Manual Emergency Utility Service 430.1 PURPOSE AND SCOPE The City Public Works Department has personnel available to handle emergency calls 24 hours per day. Calls for service during non-business hours are frequently directed to the Police Department. Requests for such service received by this department should be handled in the following manner. 430.1.1 BROKEN WATER LINES ' The City s responsibility ends at the water meter; any break or malfunction in the water system from the water meter to the citizen's residence or business is the customer's responsibility.Public Works can only turn off the valve at the meter. The citizen can normally accomplish this. If a break occurs on the City side of the meter, emergency personnel should be called as soon as practical by Dispatch. 430.1.2 ELECTRICAL LINES City Public Works does not maintain electrical lines to street light poles. When a power line poses a hazard, an officer should be dispatched to protect against personal injury or property damage that might be caused by power lines. The Electric Company or Public Works should be promptly notified, as appropriate. 430.1.3 RESERVOIRS, PUMPS, WELLS, ETC. Public Works maintains the reservoirs and public water equipment, as well as several underpass and other street drainage pumps. In the event of flooding or equipment malfunctions, emergency personnel should be contacted as soon as possible. 430.1.4 EMERGENCY NUMBERS A current list of emergency personnel who are to be called for municipal utility emergencies is maintained by Dispatch. 430.2 TRAFFIC SIGNAL MAINTENANCE The City of Benicia contracts with a private maintenance company to furnish maintenance for all traffic signals within the City, other than those maintained by the State of California. 430.2.1 OFFICER'S RESPONSIBILITY Upon observing a damaged or malfunctioning signal, the officer will advise the Dispatch of the location and problem with the signal. The dispatcher should make the necessary notification to the proper maintenance agency. Copyright Lexipol, LLC 2024/03/28, All Rights Reserved. Emergency Utility Service - 359 Published with permission by Benicia Police Department Policy Benicia Police Department 433 Benicia PD Policy Manual Aircraft Accidents 433.1 PURPOSE AND SCOPE The purpose of this policy is to provide [department/office] members with guidelines for handling aircraft accidents. This policy does not supersede, and is supplementary to, applicable portions of the Crime and Disaster Scene Integrity, Emergency Management Plan and Hazardous Material Response policies. 433.1.1 DEFINITIONS Definitions related to this policy include: Aircraft - Any fixed wing aircraft, rotorcraft, balloon, blimp/dirigible or glider that is capable of carrying a person or any unmanned aerial vehicle other than those intended for non-commercial recreational use. 433.2 POLICY It is the policy of the Benicia Police Department to provide an appropriate emergency response to aircraft accidents. This includes emergency medical care and scene management. 433.3 ARRIVAL AT SCENE Officers or other authorized members tasked with initial scene management should establish an inner and outer perimeter to: (a) Protect persons and property. (b) Prevent any disturbance or further damage to the wreckage or debris, except to preserve life or rescue the injured. (c) Preserve ground scars and marks made by the aircraft. (d) Manage the admission and access of public safety and medical personnel to the extent necessary to preserve life or to stabilize hazardous materials. (e) Maintain a record of persons who enter the accident site. (f) Consider implementation of an Incident Command System (ICS). 433.4 INJURIES AND CASUALTIES Members should address emergency medical issues and provide care as a first priority. Those tasked with the supervision of the scene should coordinate with the National Transportation Safety Board (NTSB) before the removal of bodies. If that is not possible, the scene supervisor should ensure documentation of what was disturbed, including switch/control positions and instrument/gauge readings. Copyright Lexipol, LLC 2024/03/28, All Rights Reserved. Aircraft Accidents - 360 Published with permission by Benicia Police Department Benicia Police Department Benicia PD Policy Manual Benicia PD Policy Manual Aircraft Accidents 433.5 NOTIFICATIONS When an aircraft accident is reported to this [department/office], 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) 433.6 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) [Medical Examiner/JOP]. (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/office] 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/office] supervisor should ensure the accident is still appropriately investigated and documented. 433.7 DANGEROUS MATERIALS Members should be aware of potentially dangerous materials that might be present. These may include, but are not limited to: (a) Fuel, chemicals, explosives, biological or radioactive materials and bombs or other ordnance. (b) Pressure vessels, compressed gas bottles, accumulators and tires. (c) Fluids, batteries, flares and igniters. Copyright Lexipol, LLC 2024/03/28, All Rights Reserved. Aircraft Accidents - 361 Published with permission by Benicia Police Department Benicia Police Department Benicia PD Policy Manual Benicia PD Policy Manual Aircraft Accidents (d) Evacuation chutes, ballistic parachute systems and composite materials. 433.8 DOCUMENTATION All aircraft accidents occurring within the City of Benicia 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 BPD members 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. 433.8.1 WRECKAGE When reasonably safe, members should: (a) Obtain the aircraft registration number (N number) and note the type of aircraft. (b) Attempt to ascertain the number of casualties. (c) Obtain photographs or video of the overall wreckage, including the cockpit and damage, starting at the initial point of impact, if possible, and any ground scars or marks made by the aircraft. 1. Military aircraft may contain classified equipment and therefore shall not be photographed unless authorized by a military commanding officer (18 USC § 795). (d) Secure, if requested by the lead authority, any electronic data or video recorders from the aircraft that became dislodged or cell phones or other recording devices that are part of the wreckage. (e) Acquire copies of any recordings from security cameras that may have captured the incident. 433.8.2 WITNESSES Members tasked with contacting witnesses should obtain: (a) The location of the witness at the time of his/her observation relative to the accident site. (b) A detailed description of what was observed or heard. (c) Any photographs or recordings of the accident witnesses may be willing to voluntarily surrender. (d) The names of all persons reporting the accident, even if not yet interviewed. (e) Any audio recordings of reports to 9-1-1 regarding the accident and dispatch records. 433.9 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. Copyright Lexipol, LLC 2024/03/28, All Rights Reserved. Aircraft Accidents - 362 Published with permission by Benicia Police Department Benicia Police Department Benicia PD Policy Manual Benicia PD Policy Manual Aircraft Accidents 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. Copyright Lexipol, LLC 2024/03/28, All Rights Reserved. Aircraft Accidents - 363 Published with permission by Benicia Police Department Policy Benicia Police Department 435 Benicia PD Policy Manual Field Training Officer Program 435.1 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 Benicia Police Department. It is the policy of this [department/office] 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. 435.2 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. 435.2.1 TRAINING An officer selected as a Field Training Officer shall successfully complete a POST certified (40- hour) Field Training Officer’s Course prior to being assigned as an FTO. All FTOs must complete a 24-hour Field Training Officer update course every three years while assigned to the position of FTO (11 CCR 1004). All FTOs must meet any training mandate regarding crisis intervention behavioral health training pursuant to Penal Code § 13515.28. 435.3 FIELD TRAINING OFFICER PROGRAM SUPERVISOR The FTO Program supervisor should be selected from the rank of sergeant or above by the Patrol 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 (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 Copyright Lexipol, LLC 2024/03/28, All Rights Reserved. Field Training Officer Program - 364 Published with permission by Benicia Police Department Benicia Police Department Benicia PD Policy Manual Benicia PD Policy Manual Field Training Officer Program The FTO Program supervisor will be required to successfully complete a POST-approved Field Training Administrator’s Course within one year of appointment to this position (11 CCR 1004(c)). 435.4 TRAINEE DEFINED Any entry level or lateral police officer newly appointed to the Benicia Police Department who has successfully completed a POST approved Basic Academy. 435.5 REQUIRED TRAINING Entry level officers shall be required to successfully complete the Field Training Program, consisting of a minimum of 10 weeks (11 CCR 1004; 11 CCR 1005). The training period for a lateral officer may be modified depending on the trainee’s demonstrated performance and level of experience. A lateral officer may be exempt from the Field Training Program requirement if the officer qualifies for an exemption as provided in 11 CCR 1005(a)(B). To the extent practicable, entry level and lateral officers should be assigned to a variety of Field Training Officers, shifts, and geographical areas during their Field Training Program. 435.5.1 FIELD TRAINING MANUAL Each new officer will be issued a Field Training Manual at the beginning of his/her Primary Training Phase. This manual is an outline of the subject matter and/or skills necessary to properly function as an officer with the Benicia Police Department. The officer shall become knowledgeable of the subject matter as outlined. He/she shall also become proficient with those skills as set forth in the manual. The Field Training Manual will specifically cover those policies, procedures, rules, and regulations adopted by the Benicia Police Department. 435.6 EVALUATIONS Evaluations are an important component of the training process and shall be completed as outlined below. 435.6.1 FIELD TRAINING OFFICER The FTO will be responsible for the following: (a) Complete and submit a written evaluation on the performance of his/her assigned trainee to the FTO Coordinator on a daily basis. (b) Review the Daily Trainee Performance Evaluations with the trainee each day. (c) Complete a detailed end-of-phase performance evaluation on his/her assigned trainee at the end of each phase of training. (d) Sign off all completed topics contained in the Field Training Manual, noting the method(s) of learning and evaluating the performance of his/her assigned trainee. Copyright Lexipol, LLC 2024/03/28, All Rights Reserved. Field Training Officer Program - 365 Published with permission by Benicia Police Department Benicia Police Department Benicia PD Policy Manual Benicia PD Policy Manual Field Training Officer Program 435.6.2 IMMEDIATE SUPERVISOR The immediate supervisor shall review and approve the Daily Trainee Performance Evaluations and forward them to the Field Training Administrator. 435.6.3 FIELD TRAINING ADMINISTRATOR The Field Training Administrator will review and approve the Daily Trainee Performance Evaluations submitted by the FTO through his/her immediate supervisor. 435.6.4 TRAINEE At the completion of the Field Training Program, the trainee shall submit a confidential performance evaluation on each of their FTOs and on the Field Training Program. 435.7 DOCUMENTATION All documentation of the Field Training Program will be retained in the officer’s training files and will consist of the following: (a) Daily Trainee Performance Evaluations (b) End-of-phase evaluations (c) A Certificate of Completion certifying that the trainee has successfully completed the required number of hours of field training Copyright Lexipol, LLC 2024/03/28, All Rights Reserved. Field Training Officer Program - 366 Published with permission by Benicia Police Department Policy Benicia Police Department 437 Benicia PD Policy Manual Obtaining Air Support 437.1 PURPOSE AND SCOPE The use of a police helicopter can be invaluable in certain situations. This policy specifies potential situations where the use of a helicopter may be requested and the responsibilities for making a request. 437.2 REQUEST FOR HELICOPTER ASSISTANCE If a supervisor or officer in charge of an incident determines that the use of a helicopter would be beneficial, a request to obtain helicopter assistance may be made. 437.2.1 REQUEST FOR ASSISTANCE FROM ANOTHER AGENCY After consideration and approval of the request for a helicopter, the Supervisor, or his/her designee, will call the closest agency having helicopter support available. The Supervisor on duty will apprise that agency of the specific details of the incident prompting the request. 437.2.2 CIRCUMSTANCES UNDER WHICH AID MAY BE REQUESTED Police helicopters may be requested under any of the following conditions: (a) When the helicopter is activated under existing mutual aid agreements (b) Whenever the safety of law enforcement personnel is in jeopardy and the presence of the helicopters may reduce such hazard (c) When the use of the helicopters will aid in the capture of a suspected fleeing felon whose continued freedom represents an ongoing threat to the community (d) When a helicopter is needed to locate a person who has strayed or is lost and whose continued absence constitutes a serious health or safety hazard (e) Vehicle pursuits While it is recognized that the availability of helicopter support will generally provide valuable assistance to ground personnel, the presence of a helicopter will rarely replace the need for officers on the ground. Copyright Lexipol, LLC 2024/03/28, All Rights Reserved. Obtaining Air Support - 367 Published with permission by Benicia Police Department Policy Benicia Police Department 439 Benicia PD Policy Manual Contacts and Temporary Detentions 439.1 PURPOSE AND SCOPE The purpose of this policy is to establish guidelines for temporarily detaining but not arresting persons in the field, conducting field interviews (FI) and pat-down searches, and the taking and disposition of photographs. 439.1.1 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. 439.2 POLICY The Benicia 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. Copyright Lexipol, LLC 2024/03/28, All Rights Reserved. Contacts and Temporary Detentions - 368 Published with permission by Benicia Police Department Benicia Police Department Benicia PD Policy Manual Benicia PD Policy Manual Contacts and Temporary Detentions 439.3 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 Benicia Police Department to strengthen community involvement, community awareness, and problem identification. 439.3.1 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 439.4 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. Copyright Lexipol, LLC 2024/03/28, All Rights Reserved. Contacts and Temporary Detentions - 369 Published with permission by Benicia Police Department Benicia Police Department Benicia PD Policy Manual Benicia PD Policy Manual Contacts and Temporary Detentions (f) Visual indications which suggest that the suspect is carrying a firearm or other weapon. Whenever practicable, a pat-down search should not be conducted by a lone officer. A cover officershould be positioned to ensure safety and should not be involved in the search. 439.5 FIELD PHOTOGRAPHS All available databases should be searched before photographing any field detainee. If a photograph is not located, or if an existing photograph no longer resembles the detainee, the officer shall carefully consider, among other things, the factors listed below. 439.5.1 FIELD PHOTOGRAPHS TAKEN WITH CONSENT Field photographs may be taken when the subject being photographed knowingly and voluntarily gives consent. When taking a consensual photograph, the officer should have the individual read and sign the appropriate form accompanying the photograph. 439.5.2 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. 439.5.3 DISPOSITION OF PHOTOGRAPHS All detainee photographs must be adequately labeled and submitted to the Supervisor with either an associated FI card or other documentation explaining the nature of the contact. If an individual is photographed as a suspect in a particular crime, the photograph should be submitted as an evidence item in the related case, following standard evidence procedures. If a photograph is not associated with an investigation where a case number has been issued, the Supervisor should review and forward the photograph to one of the following locations: (a) If the photograph and associated FI or documentation is relevant to criminal organization/enterprise enforcement, the Supervisor will forward the photograph and documents to the designated criminal intelligence system supervisor. The supervisor will ensure the photograph and supporting documents are retained as prescribed in the Criminal Organizations Policy. (b) Photographs that do not qualify for retention in a criminal intelligence system or temporary information file shall be forwarded to the Records Section. Copyright Lexipol, LLC 2024/03/28, All Rights Reserved. Contacts and Temporary Detentions - 370 Published with permission by Benicia Police Department Benicia Police Department Benicia PD Policy Manual Benicia PD Policy Manual Contacts and Temporary Detentions When a photograph is taken in association with a particular case, the investigator may use such photograph in a photo lineup. Thereafter, the individual photograph should be retained as a part of the case file. All other photographs shall be retained in accordance with the established records retention schedule. 439.5.4 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. 439.6 WITNESS IDENTIFICATION AND INTERVIEWS Because potential witnesses to an incident may become unavailable or the integrity of their statements compromised with the passage of time, officers should, when warranted by the seriousness of the case, take reasonable steps to promptly coordinate with an on-scene supervisor and/or criminal investigator to utilize available members for the following: (a) Identifying all persons present at the scene and in the immediate area. 1. When feasible, a recorded statement should be obtained from those who claim not to have witnessed the incident but who were present at the time it occurred. 2. Any potential witness who is unwilling or unable to remain available for a formal interview should not be detained absent reasonable suspicion to detain or probable cause to arrest. Without detaining the individual for the sole purpose of identification, officers should attempt to identify the witness prior to his/her departure. (b) Witnesses who are willing to provide a formal interview should be asked to meet at a suitable location where criminal investigators may obtain a recorded statement. Such witnesses, if willing, may be transported by Benicia Police Department members. 1. A written, verbal, or recorded statement of consent should be obtained prior to transporting a witness. When the witness is a minor, consent should be obtained from the parent or guardian, if available, prior to transport. Copyright Lexipol, LLC 2024/03/28, All Rights Reserved. Contacts and Temporary Detentions - 371 Published with permission by Benicia Police Department Policy Benicia Police Department 441 Benicia PD Policy Manual Criminal Organizations 441.1 PURPOSE AND SCOPE The purpose of this policy is to ensure that the Benicia Police Department appropriately utilizes criminal intelligence systems and temporary information files to support investigations of criminal organizations and enterprises. 441.1.1 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. 441.2 POLICY The Benicia 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. 441.3 CRIMINAL INTELLIGENCE SYSTEMS No department member may create, submit to or obtain information from a criminal intelligence system unless the Chief of Police has approved the system for department use. Any criminal intelligence system approved for department use should meet or exceed the standards of 28 CFR 23.20. A designated supervisor will be responsible for maintaining each criminal intelligence system that has been approved for department use. The supervisor or the authorized designee should ensure the following: (a) Members using any such system are appropriately selected and trained. (b) Use of every criminal intelligence system is appropriately reviewed and audited. (c) Any system security issues are reasonably addressed. 441.3.1 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 division. Any supporting documentation for an entry shall be retained by the records division in accordance with Copyright Lexipol, LLC 2024/03/28, All Rights Reserved. Criminal Organizations - 372 Published with permission by Benicia Police Department Benicia Police Department Benicia PD Policy Manual Benicia PD Policy Manual Criminal Organizations 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 division are appropriately marked as intelligence information. The records clerk may not purge such documents without the approval of the designated supervisor. 441.3.2 GANG DATABASES The Chief of Police may approve participation by the gang unit in a shared criminal gang intelligence database, such as CALGANG®. Members must obtain the requisite training before accessing any such database (11 CCR 751.6). It is the gang unit supervisor’s responsibility to determine whether any report or FI contains information that would qualify for entry into the database. Prior to designating any person as a suspected gang member, associate, or affiliate in a shared gang database; or submitting a document to the Attorney General’s office for the purpose of designating a person in a shared gang database; or otherwise identifying the person in a shared gang database, the gang unit supervisor shall provide written notice to the person and, if the person is under the age of 18, to his/her parent or guardian of the designation and the basis for the designation, unless providing that notification would compromise an active criminal investigation or compromise the health or safety of a minor. Notice shall also describe the process to contest the designation (Penal Code § 186.34). The person, an attorney working on his/her behalf, or his/her parent or guardian (if the person is under 18 years of age) may request, in writing, information as to whether the person is designated as a suspected gang member, associate, or affiliate in a shared gang database accessible by the [Department/Office], the basis for that designation, and the name of the agency that made the designation. The [Department/Office] shall respond to a valid request in writing within 30 days, and shall provide the information requested unless doing so would compromise an active investigation or compromise the health and safety of the person if he/she is under 18 years of age (Penal Code § 186.34). The person, or his/her parent or guardian if the person is under 18 years of age, may contest the designation by submitting written documentation, which shall be reviewed by the gang unit supervisor. If it is determined that the person is not a suspected gang member, associate, or affiliate, the person shall be removed from the database. The person and the parent or guardian shall be provided written verification of the [department/office]’s decision within 30 days of receipt of the written documentation contesting the designation and shall include the reason for a denial when applicable (Penal Code § 186.34). The gang unit supervisor should forward reports or FIs to the Records Section after appropriate database entries are made. The supervisor should clearly mark the report/FI as gang intelligence information. It is the responsibility of the Records Section supervisor to retain reports and FIs in compliance with the database rules and any applicable end user agreement. Copyright Lexipol, LLC 2024/03/28, All Rights Reserved. Criminal Organizations - 373 Published with permission by Benicia Police Department Benicia Police Department Benicia PD Policy Manual Benicia PD Policy Manual Criminal Organizations Records contained in a shared gang database shall not be disclosed for employment or military screening purposes, and shall not be disclosed for the purpose of enforcing federal immigration law unless required by state or federal statute or regulation (Penal Code § 186.36). 441.4 TEMPORARY INFORMATION FILE No member may create or keep files on individuals that are separate from the approved criminal intelligence system. However, members may maintain temporary information that is necessary to actively investigate whether a person or group qualifies for entry into the department-approved criminal intelligence system only as provided in this section. Once information qualifies for inclusion, it should be submitted to the supervisor responsible for consideration of criminal intelligence system entries. 441.4.1 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 division or property department, but should be copies of, or references to, retained documents such as copies of reports, FI forms, comm 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. 441.4.2 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. 441.5 INFORMATION RECOGNITION Department members should document facts that suggest an individual, organization or enterprise is involved in criminal activity and should forward that information appropriately. Examples include, but are not limited to: (a) Gang indicia associated with a person or residence. (b) Information related to a drug-trafficking operation. Copyright Lexipol, LLC 2024/03/28, All Rights Reserved. Criminal Organizations - 374 Published with permission by Benicia Police Department Benicia Police Department Benicia PD Policy Manual Benicia PD Policy Manual Criminal Organizations (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 manager to train members to identify information that may be particularly relevant for inclusion. 441.6 RELEASE OF INFORMATION Department members shall comply with the rules of an authorized criminal intelligence system regarding inquiries and release of information. Information from a temporary information file may only be furnished to department members and other law enforcement agencies on a need-to-know basis and consistent with the Records Maintenance and Release Policy. When an inquiry is made by the parent or guardian of a juvenile as to whether that juvenile’s name is in a temporary information file, such information should be provided by the supervisor responsible for the temporary information file, unless there is good cause to believe that the release of such information might jeopardize an ongoing criminal investigation. 441.7 CRIMINAL STREET GANGS The Investigations supervisor should ensure that there are an appropriate number of department members who can: (a) Testify as experts on matters related to criminal street gangs, and maintain an above average familiarity with: 1. Any organization, associate or group of three or more persons that meets the definition of a criminal street gang under Penal Code § 186.22(f). 2. Identification of a person as a criminal street gang member and criminal street gang-related crimes. 3. The California Street Terrorism Enforcement and Prevention Act (Penal Code § 186.21 et seq.), associated crimes and what defines a criminal street gang (Penal Code § 186.22). (b) Coordinate with other agencies in the region regarding criminal street gang-related crimes and information. (c) Train other members to identify gang indicia and investigate criminal street gang- related crimes. 441.8 TRAINING The Training Sergeant should provide training on best practices in the use of each authorized criminal intelligence system to those tasked with investigating criminal organizations and enterprises. Training should include: (a) The protection of civil liberties. Copyright Lexipol, LLC 2024/03/28, All Rights Reserved. Criminal Organizations - 375 Published with permission by Benicia Police Department Benicia Police Department Benicia PD Policy Manual Benicia PD Policy Manual Criminal Organizations (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. 441.8.1 SHARED GANG DATABASE TRAINING The Training Sergeant should ensure that members who are authorized users of a shared gang database receive the required training from the California Department of Justice (DOJ) or an instructor certified by the DOJ that includes comprehensive and standardized training on the use of shared gang databases, and any other associated training required by the [Department/Office] (Penal Code § 186.36; 11 CCR 751.6). Copyright Lexipol, LLC 2024/03/28, All Rights Reserved. Criminal Organizations - 376 Published with permission by Benicia Police Department Policy Benicia Police Department 443 Benicia PD Policy Manual Supervisory Officers 443.1 PURPOSE AND SCOPE Each patrol shift must be directed by supervisors who are capable of making decisions and communicating in a manner consistent with departmental policies, procedures, practices, functions and objectives. To accomplish this goal, a Sergeant or Acting Sergeant heads each watch. 443.2 ACTING SUPERVISOR When a Sergeant is unavailable for duty as the shift Supervisor, an corporal shall be designated as the shift Supervisor. Copyright Lexipol, LLC 2024/03/28, All Rights Reserved. Supervisory Officers - 377 Published with permission by Benicia Police Department Policy Benicia Police Department 445 Benicia PD Policy Manual Mobile Audio/Video 445.1 PURPOSE AND SCOPE The Benicia Police Department has equipped marked patrol cars with Mobile Audio Video (MAV) recording systems to provide records of events and assist officers in the performance of their duties. This policy provides guidance on the use of these systems. 445.1.1 DEFINITIONS Definitions related to this policy include: Activate - Any process that causes the MAV system to transmit or store video or audio data in an active mode. In-car camera system and Mobile Audio/Video (MAV) system- Synonymous terms which refer to any system that captures audio and video signals, that is capable of installation in a vehicle, and that includes at minimum, a camera, microphone, recorder and monitor. MAV technician -Personnel certified or trained in the operational use and repair of MAVs, duplicating methods, storage and retrieval methods and procedures, and who have a working knowledge of video forensics and evidentiary procedures. Recorded media - Audio-video signals recorded or digitally stored on a storage device or portable media. 445.2 POLICY It is the policy of the Benicia Police Department to use mobile audio and video technology to more effectively fulfill the department’s mission and to ensure these systems are used securely and efficiently. 445.3 OFFICER RESPONSIBILITIES Prior to going into service, each officer will properly equip him/herself to record audio and video in the field. At the end of the shift, each officer will follow the established procedures for providing to the Department any recordings or used media and any other related equipment. Each officer should have adequate recording media for the entire duty assignment. In the event an officer works at a remote location and reports in only periodically, additional recording media may be issued. Only Benicia Police Department identified and labeled media with tracking numbers is to be used. At the start of each shift, officers should test the MAV system’s operation in accordance with manufacturer specifications and department operating procedures and training. System documentation is accomplished by the officer recording his/her name, serial number, badge or PIN number and the current date and time at the start and again at the end of each shift. If the system is malfunctioning, the officer shall take the vehicle out of service unless a supervisor requests the vehicle remain in service. Copyright Lexipol, LLC 2024/03/28, All Rights Reserved. Mobile Audio/Video - 378 Published with permission by Benicia Police Department Benicia Police Department Benicia PD Policy Manual Benicia PD Policy Manual Mobile Audio/Video 445.4 ACTIVATION OF THE MAV The MAV system is designed to turn on whenever the unit’s emergency lights are activated. The system remains on until it is turned off manually. The audio portion is independently controlled and should be activated manually by the officer whenever appropriate. When audio is being recorded, the video will also record. 445.4.1 REQUIRED ACTIVATION OF MAV This policy is not intended to describe every possible situation in which the MAV system may be used, although there are many situations where its use is appropriate. An officer may activate the system any time the officer believes it would be appropriate or valuable to document an incident. In some circumstances it is not possible to capture images of the incident due to conditions or the location of the camera. However, the audio portion can be valuable evidence and is subject to the same activation requirements as the MAV. The MAV system should be activated in any of the following situations: (a) All field contacts involving actual or potential criminal conduct within video or audio range: 1. Traffic stops (to include, but not limited to, traffic violations, stranded motorist assistance and all crime interdiction stops) 2. Priority responses 3. Vehicle pursuits 4. Suspicious vehicles 5. Arrests 6. Vehicle searches 7. Physical or verbal confrontations or use of force 8. Pedestrian checks 9. DWI/DUI investigations including field sobriety tests 10. Consensual encounters 11. Crimes in progress 12. Responding to an in-progress call (b) All self-initiated activity in which an officer would normally notify Dispatch (c) Any call for service involving a crime where the recorder may aid in the apprehension and/or prosecution of a suspect: 1. Domestic violence calls 2. Disturbance of peace calls Copyright Lexipol, LLC 2024/03/28, All Rights Reserved. Mobile Audio/Video - 379 Published with permission by Benicia Police Department Benicia Police Department Benicia PD Policy Manual Benicia PD Policy Manual Mobile Audio/Video 3. Offenses involving violence or weapons (d) Any other contact that becomes adversarial after the initial contact in a situation that would not otherwise require recording (e) Any other circumstance where the officer believes that a recording of an incident would be appropriate 445.4.2 CESSATION OF RECORDING Once activated, the MAV system should remain on until the incident has concluded. For purposes of this section, conclusion of an incident has occurred when all arrests have been made, arrestees have been transported and all witnesses and victims have been interviewed. Recording may cease if an officer is simply waiting for a tow truck or a family member to arrive, or in other similar situations. Members shall cease audio recording whenever necessary to ensure conversations are not recorded between a person in custody and the person’s attorney, religious advisor or physician, unless there is explicit consent from all parties to the conversation (Penal Code § 636). 445.4.3 WHEN ACTIVATION IS NOT REQUIRED Activation of the MAV system is not required when exchanging information with other officers or during breaks, lunch periods, when not in service or actively on patrol. No member of this department may surreptitiously record a conversation of any other member of this department except with a court order or when lawfully authorized by the Chief of Police or the authorized designee for the purpose of conducting a criminal or administrative investigation. 445.4.4 SUPERVISOR RESPONSIBILITIES Supervisors should determine if vehicles with non-functioning MAV systems should be placed into service. If these vehicles are placed into service, the appropriate documentation should be made, including notification of Dispatch. At reasonable intervals, supervisors should validate that: (a) Beginning and end-of-shift recording procedures are followed. (b) Logs reflect the proper chain of custody, including: 1. The tracking number of the MAV system media. 2. The date it was issued. 3. The law enforcement operator or the vehicle to which it was issued. 4. The date it was submitted. 5. Law enforcement operators submitting the media. 6. Holds for evidence indication and tagging as required. Copyright Lexipol, LLC 2024/03/28, All Rights Reserved. Mobile Audio/Video - 380 Published with permission by Benicia Police Department Benicia Police Department Benicia PD Policy Manual Benicia PD Policy Manual Mobile Audio/Video (c) The operation of MAV systems by new employees is assessed and reviewed no less than biweekly. When an incident arises that requires the immediate retrieval of the recorded media (e.g., serious crime scenes, officer-involved shootings, department-involved collisions), a supervisor shall respond to the scene and ensure that the appropriate supervisor, MAV technician or crime scene investigator properly retrieves the recorded media. The media may need to be treated as evidence and should be handled in accordance with current evidence procedures for recorded media. Supervisors may activate the MAV system remotely to monitor a developing situation, such as a chase, riot or an event that may threaten public safety, officer safety or both, when the purpose is to obtain tactical information to assist in managing the event. Supervisors shall not remotely activate the MAV system for the purpose of monitoring the conversations or actions of an officer. 445.5 REVIEW OF MAV RECORDINGS All recording media, recorded images and audio recordings are the property of the Department. Dissemination outside of the agency is strictly prohibited, except to the extent permitted or required by law. To prevent damage to, or alteration of, the original recorded media, it shall not be copied, viewed or otherwise inserted into any device not approved by the department MAV technician or forensic media staff. When reasonably possible, a copy of the original media shall be used for viewing (unless otherwise directed by the courts) to preserve the original media. Recordings may be reviewed in any of the following situations: (a) For use when preparing reports or statements (b) By a supervisor investigating a specific act of officer conduct (c) By a supervisor to assess officer performance (d) To assess proper functioning of MAV systems (e) By department investigators who are participating in an official investigation, such as a personnel complaint, administrative inquiry or a criminal investigation (f) By department personnel who request to review recordings (g) By an officer who is captured on or referenced in the video or audio data and reviews and uses such data for any purpose relating to his/her employment (h) By court personnel through proper process or with permission of the Chief of Police or the authorized designee (i) By the media through proper process or with permission of the Chief of Police or the authorized designee (j) To assess possible training value Copyright Lexipol, LLC 2024/03/28, All Rights Reserved. Mobile Audio/Video - 381 Published with permission by Benicia Police Department Benicia Police Department Benicia PD Policy Manual Benicia PD Policy Manual Mobile Audio/Video (k) Recordings may be shown for training purposes. If an involved officer objects to showing a recording, his/her objection will be submitted to the staff to determine if the training value outweighs the officer's objection Employees desiring to view any previously uploaded or archived MAV recording should submit a request in writing to the Supervisor. Approved requests should be forwarded to the MAV technician for processing. In no event shall any recording be used or shown for the purpose of ridiculing or embarrassing any employee. 445.6 DOCUMENTING MAV USE If any incident is recorded with either the video or audio system, the existence of that recording shall be documented in the officer's report. If a citation is issued, the officer shall make a notation on the back of the records copy of the citation, indicating that the incident was recorded. 445.7 RECORDING MEDIA STORAGE AND INTEGRITY Once submitted for storage, all recording media will be labeled and stored in a designated secure area. All recording media that is not booked as evidence will be retained for a minimum of one year after which time it will be erased, destroyed or recycled in accordance with the established records retention schedule (Government Code § 34090.6). 445.7.1 COPIES OF ORIGINAL RECORDING MEDIA Original recording media shall not be used for any purpose other than for initial review by a supervisor. Upon proper request, a copy of the original recording media will be made for use as authorized in this policy. Original recording media may only be released in response to a court order or upon approval by the Chief of Police or the authorized designee. In the event that an original recording is released to a court, a copy shall be made and placed in storage until the original is returned. 445.7.2 MAV RECORDINGS AS EVIDENCE Officers who reasonably believe that a MAV recording is likely to contain evidence relevant to a criminal offense, potential claim against the officer or against the Benicia Police Department should indicate this in an appropriate report. Officers should ensure relevant recordings are preserved. 445.8 SYSTEM OPERATIONAL STANDARDS (a) MAV system vehicle installations should be based on officer safety requirements and the vehicle and device manufacturer’s recommendations. (b) The MAV system should be configured to minimally record for 30 seconds prior to an event. (c) The MAV system may not be configured to record audio data occurring prior to activation. Copyright Lexipol, LLC 2024/03/28, All Rights Reserved. Mobile Audio/Video - 382 Published with permission by Benicia Police Department Benicia Police Department Benicia PD Policy Manual Benicia PD Policy Manual Mobile Audio/Video (d) Unless the transmitters being used are designed for synchronized use, only one transmitter, usually the primary initiating officer’s transmitter, should be activated at a scene to minimize interference or noise from other MAV transmitters. (e) Officers using digital transmitters that are synchronized to their individual MAV shall activate both audio and video recordings when responding in a support capacity. This is to obtain additional perspectives of the incident scene. (f) With the exception of law enforcement radios or other emergency equipment, other electronic devices should not be used inside MAV-equipped law enforcement vehicles to minimize the possibility of causing electronic or noise interference with the MAV system. (g) Officers shall not erase, alter, reuse, modify or tamper with MAV recordings. Only a supervisor, MAV technician or other authorized designee may erase and reissue previous recordings and may only do so pursuant to the provisions of this policy. (h) To prevent damage, original recordings shall not be viewed on any equipment other than the equipment issued or authorized by the MAV technician. 445.9 MAV TECHNICIAN RESPONSIBILITIES The MAV technician is responsible for: (a) Ordering, issuing, retrieving, storing, erasing and duplicating of all recorded media. (b) Collecting all completed media for oversight and verification of wireless downloaded media. Once collected, the MAV technician: 1. Ensures it is stored in a secure location with authorized controlled access. 2. Makes the appropriate entries in the chain of custody log. (c) Erasing of media: 1. Pursuant to a court order. 2. In accordance with established records retention policies, including reissuing all other media deemed to be of no evidentiary value. (d) Assigning all media an identification number prior to issuance to the field: 1. Maintaining a record of issued media. (e) Ensuring that an adequate supply of recording media is available. (f) Managing the long-term storage of media that has been deemed to be of evidentiary value in accordance with the department evidence storage protocols and the records retention schedule. Copyright Lexipol, LLC 2024/03/28, All Rights Reserved. Mobile Audio/Video - 383 Published with permission by Benicia Police Department Benicia Police Department Benicia PD Policy Manual Benicia PD Policy Manual Mobile Audio/Video 445.10 TRAINING All members who are authorized to use the MAV system shall successfully complete an approved course of instruction prior to its use. Copyright Lexipol, LLC 2024/03/28, All Rights Reserved. Mobile Audio/Video - 384 Published with permission by Benicia Police Department Policy Benicia Police Department 447 Benicia PD Policy Manual Mobile Digital Terminal Use 447.1 PURPOSE AND SCOPE The purpose of this policy is to establish guidelines for the proper access, use and application of the Mobile Digital Terminal (MDT) system in order to ensure appropriate access to confidential records from local, state and national law enforcement databases, and to ensure effective electronic communications between department members and Dispatch. 447.2 PRIVACY EXPECTATION Members 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). 447.3 POLICY Benicia Police Department members using the MDT shall comply with all appropriate federal and state rules and regulations and shall use the MDT in a professional manner, in accordance with this policy. 447.4 RESTRICTED ACCESS AND USE MDT use is subject to the Information Technology Use and Protected Information policies. Members shall not access the MDT system if they have not received prior authorization and the required training. Members shall immediately report unauthorized access or use of the MDT by another member to their supervisors or Supervisors. Use of the MDT system to access law enforcement databases or transmit messages is restricted to official activities, business-related tasks and communications that are directly related to the business, administration or practices of the Department. In the event that a member has questions about sending a particular message or accessing a particular database, the member should seek prior approval from his/her supervisor. Sending derogatory, defamatory, obscene, disrespectful, sexually suggestive, harassing or any other inappropriate messages on the MDT system is prohibited and may result in discipline. It is a violation of this policy to transmit a message or access a law enforcement database under another member’s name or to use the password of another member to log in to the MDT system unless directed to do so by a supervisor. Members are required to log off the MDT or secure the MDT when it is unattended. This added security measure will minimize the potential for unauthorized access or misuse. 447.4.1 USE WHILE DRIVING Use of the MDT 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. Copyright Lexipol, LLC 2024/03/28, All Rights Reserved. Mobile Digital Terminal Use - 385 Published with permission by Benicia Police Department Benicia Police Department Benicia PD Policy Manual Benicia PD Policy Manual Mobile Digital Terminal Use 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. 447.5 DOCUMENTATION OF ACTIVITY Except as otherwise directed by the Supervisor 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 MDT unless security or confidentiality prevents such broadcasting. MDT 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 MDT. 447.5.1 STATUS CHANGES All changes in status (e.g., arrival at scene, meal periods, in service) will be transmitted over the police radio or through the MDT system. Members responding to in-progress calls should advise changes in status over the radio to assist other members responding to the same incident. Other changes in status can be made on the MDT when the vehicle is not in motion. 447.5.2 EMERGENCY ACTIVATION If there is an emergency activation and the member does not respond to a request for confirmation of the need for emergency assistance or confirms the need, available resources will be sent to assist in locating the member. If the location is known, the nearest available officer should respond in accordance with the Officer Response to Calls Policy. Members should ensure a field supervisor and the Supervisor 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. 447.6 EQUIPMENT CONSIDERATIONS 447.6.1 MALFUNCTIONING MDT Whenever possible, members will not use vehicles with malfunctioning MDTs. Whenever members must drive a vehicle in which the MDT is not working, they shall notify Dispatch. It shall be the responsibility of the [dispatcher to document all information that will then be transmitted verbally over the police radio. Copyright Lexipol, LLC 2024/03/28, All Rights Reserved. Mobile Digital Terminal Use - 386 Published with permission by Benicia Police Department Benicia Police Department Benicia PD Policy Manual Benicia PD Policy Manual Mobile Digital Terminal Use 447.6.2 BOMB CALLS When investigating reports of possible bombs, members should not communicate on their MDTs when in the evacuation area of a suspected explosive device. Radio frequency emitted by the MDT could cause some devices to detonate. Copyright Lexipol, LLC 2024/03/28, All Rights Reserved. Mobile Digital Terminal Use - 387 Published with permission by Benicia Police Department Policy Benicia Police Department 449 Benicia PD Policy Manual Portable Audio/Video Recorders 449.1 PURPOSE AND SCOPE This policy provides guidelines for the use of portable audio/video recording devices by members of this [department/office] 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 Benicia Police Department facility, authorized undercover operations, wiretaps or eavesdropping (concealed listening devices). 449.1.1 DEFINITIONS AXON System: • Software system accessible at designated workstations and utilized by the Department to store and verify the authenticity of digital images and which provide secure storage of digital audio files. AXON SYSTEM PDRD: • Portable Digital Recording Device 449.2 POLICY The Benicia Police Department may provide members 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 members of the Department and the public. 449.2.1 DESIGNATED SOFTWARE SYSTEM AXON: • The Department utilizes the AXON portable digital recording device (PDRD). Only trained personnel shall operate Department PDRD's • Digital video recordings which constitute evidence shall be downloaded and stored within the Department's Evidence.com system. An Evidence Property Report shall be completed identifying the location as Evidence.com server. • The use, duplication, and/or distribution of AXON files for anything other than booking a physical copy of a video into evidence for use in a criminal court case requires prior authorization from the Chief of Police. Copyright Lexipol, LLC 2024/03/28, All Rights Reserved. Portable Audio/Video Recorders - 388 Published with permission by Benicia Police Department Benicia Police Department Benicia PD Policy Manual Benicia PD Policy Manual Portable Audio/Video Recorders 449.3 MEMBER PRIVACY EXPECTATION All recordings made by members acting in their official capacity shall remain the property of the Department regardless of whether those recordings were made with department-issued or personally owned recorders. Members shall have no expectation of privacy or ownership interest in the content of these recordings. In the event of an accidental recording that is determined to have no evidentiary value, members may request for the video to be deleted. The video may be deleted upon command review and approval. 449.4 MEMBER RESPONSIBILITIES Prior to going into service, each uniformed member 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 malfunctions at any time, the member shall promptly report the failure to his/her supervisor and obtain a functioning device as soon as practicable. Uniformed members shall wear the recorder in a conspicuous manner. Whenever practical, members should notify persons that they are being recorded. Any member assigned to a non-uniformed position may carry an approved portable recorder at any time the member believes that such a device may be useful. Prior to going in service, personnel shall test PDRD equipment to ensure the unit is properly charged. Personnel shall position the PDRD to facilitate recording, in accordance with operating instructions. PDRD are activated and deactivated manually. Members shall 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 member deactivated the recording. Members shall include the reason for deactivation. Personnel shall upload PDRD data files at designated Axon workstations once, at minimum, during any shift in which the device is utilized, to: (a) Ensure storage capacity is not exceeded; and/or, (b) View uploaded data. Defective devices shall be submitted to the Administrative Sergeant, with a written description of the defect, including the serial number of the affected device. After setting up an online account with Axon, members will then be able to access their individual videos through Evidence.com. Additionally, members will be able to access videos via their smartphone or a station computer. Members will place the camera in the docking station which will simultaneously charge and upload all the videos into a secure cloud-based evidence storage facility. Members will also be able to Copyright Lexipol, LLC 2024/03/28, All Rights Reserved. Portable Audio/Video Recorders - 389 Published with permission by Benicia Police Department Benicia Police Department Benicia PD Policy Manual Benicia PD Policy Manual Portable Audio/Video Recorders tag videos with a case number or description through the members smartphone via a wireless connection. 449.4.1 AXON DOCUMENTATION In addition to any Property Report or RIMS Evidence Property Manager entry, personnel utilizing a PDRD shall document its use in the pertinent: (a) Offense report (b) Citation (c) Arrest Report (d) In CAD, in the "Comment" section. 449.4.2 DATA RETENTION AND RELEASE • It is the responsibility of the member(s)downloading a PDRD to identify any digital file associated with an investigation by noting the case number in the "Comments" section. • Any PDRD files downloaded to physical media, including but not limited to CD ROM, DVD ROM, and/or thumb drives, shall be booked into evidence and are the responsibility of the Evidence Section. See Computers and Digital Evidence Policy for the submission of digital media. • Members are prohibited from attaching any PDRD file to an email. • Members shall not post PDRD videos to the Internet. (i.e. YouTube or any other website or form of social media). • Employees shall not electronically forward or physically remove any PDRD video from the police department, unless a video is being signed out from the evidence section for use in a criminal court case. • Digital PDRD files not associated with an investigation are automatically deleted from the evidence.com after two years. 449.4.3 SUBMISSION OF DIGITAL OF DIGITAL MEDIA See Computers and Digital Evidence Policy for required procedures for the submission of digital media used by cameras or other recording devices. 449.5 ACTIVATION OF THE PORTABLE RECORDER This policy is not intended to describe every possible situation in which the portable recorder shall be used, although there are many situations where its use is appropriate. Copyright Lexipol, LLC 2024/03/28, All Rights Reserved. Portable Audio/Video Recorders - 390 Published with permission by Benicia Police Department Benicia Police Department Benicia PD Policy Manual Benicia PD Policy Manual Portable Audio/Video Recorders Members shall activate their recorder whenever there is a reasonable expectation of an adversarial encounter, violence, inter-personal conflict, use of force, or display of weapons or any time the member believes it would be appropriate or valuable to record an incident. In addition, the portable recorder shall be activated in any of the following situations: (a) Prior to arrival at dispatched or self-initiated responses to calls for service (b) All enforcement and investigative contacts including stops and field interview (FI) Situations (c) Traffic stops including, but not limited to, traffic violations, stranded motorist assistance and all crime interdiction stops (d) Self-initiated activity in which a member would normally notify the Communications Center (e) Any other contact that becomes adversarial after the initial contact in a situation that would not otherwise require recording Members 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 member that such privacy may outweigh any legitimate law enforcement interest in recording. Requests by members of the public to stop recording should be considered using this same criterion. Recording shall resume when privacy is no longer at issue unless the circumstances no longer fit the criteria for recording. Activation of the PDRD is not required for routine, unplanned police-citizen interactions or public contacts including but not limited to providing directions/information, signing off mechanical violations, friendly greetings, or casual conversations with citizens or city officials. At no time is a member expected to jeopardize his/her safety in order to activate a portable recorder or change the recording media. However, the recorder shall be activated in situations described above as soon as reasonably practicable. To avoid accidental recordings or unnecessary activations members are authorized to power down the PDRD when they are at the Police Department and not engaged on a call for service or with the public. 449.5.1 SURREPTITIOUS USE OF THE PORTABLE RECORDER Members of the Department may surreptitiously record any conversation during the course of a criminal investigation in which the member reasonably believes that such a recording will be lawful and beneficial to the investigation (Penal Code § 633). Copyright Lexipol, LLC 2024/03/28, All Rights Reserved. Portable Audio/Video Recorders - 391 Published with permission by Benicia Police Department Benicia Police Department Benicia PD Policy Manual Benicia PD Policy Manual Portable Audio/Video Recorders Members shall not surreptitiously record another department member without a court order unless lawfully authorized by the Chief of Police or the authorized designee. 449.5.2 CESSATION OF RECORDING Once activated, the portable recorder shall remain on continuously until the member 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. Members shall cease audio recording whenever necessary to ensure conversations are not recorded between a person in custody and the person’s attorney, religious advisor or physician, unless there is explicit consent from all parties to the conversation (Penal Code § 636). 449.5.3 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. 449.6 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. Members should activate the recorder any time the member 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 a member would normally notify Dispatch (d) Any other contact that becomes adversarial after the initial contact in a situation that would not otherwise require recording Members 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 member that such privacy may outweigh any legitimate law enforcement interest in recording. Requests by members 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. Copyright Lexipol, LLC 2024/03/28, All Rights Reserved. Portable Audio/Video Recorders - 392 Published with permission by Benicia Police Department Benicia Police Department Benicia PD Policy Manual Benicia PD Policy Manual Portable Audio/Video Recorders At no time is a member 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. 449.6.1 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). 449.7 IDENTIFICATION AND PRESERVATION OF RECORDINGS To assist with identifying and preserving data and recordings, members shall download, tag and categorize these in accordance with procedure and document the existence of the recording in any related case reports. A member shall transfer, tag and categorize recordings when the member reasonably believes: (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 a member reasonably believes a recorded contact may be beneficial in a non-criminal matter (e.g., a hostile contact), the member shall promptly notify a supervisor of the existence of the recording. 449.8 IDENTIFICATION AND PRESERVATION OF RECORDINGS To assist with identifying and preserving data and recordings, members should download, tag or mark these in accordance with procedure and document the existence of the recording in any related case report. A member should transfer, tag or mark recordings when the member reasonably believes: (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. Copyright Lexipol, LLC 2024/03/28, All Rights Reserved. Portable Audio/Video Recorders - 393 Published with permission by Benicia Police Department Benicia Police Department Benicia PD Policy Manual Benicia PD Policy Manual Portable Audio/Video Recorders (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 a member reasonably believes a recorded contact may be beneficial in a non-criminal matter (e.g., a hostile contact), the member should promptly notify a supervisor of the existence of the recording. 449.9 PDRD SYSTEM 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 (Penal Code § 832.18): (a) Establishing a system for downloading, storing and security of recordings. (a) 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. 449.10 RETENTION OF RECORDINGS By law, recordings of the below listed incidents should be retained for a minimum of two years (Penal Code § 832.18): (a) Incidents involving use of force by an officer (a) Officer-involved shootings (a) 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 Benicia 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 (Penal Code § 832.18). Copyright Lexipol, LLC 2024/03/28, All Rights Reserved. Portable Audio/Video Recorders - 394 Published with permission by Benicia Police Department Benicia Police Department Benicia PD Policy Manual Benicia PD Policy Manual Portable Audio/Video Recorders Records or logs of access and deletion of recordings should be retained permanently (Penal Code § 832.18). In the event of an unintentional or inadvertent activation of the PDRD in which the resulting recording is not evidence in a criminal case or potential administrative investigation, or when the recording may unreasonably infringe on personal privacy rights, the User who recorded the video may request the recording be deleted. If the recording captured another member of the department, the User shall notify that member of the department of the existence of that video. Either the User or the member of the department who was captured on the PDRD recording may submit request to their supervisor to have the video deleted. The supervisor shall classify the video as restricted, "flag" the video to be deleted, and submit a written request to the Division Commander to have the video deleted. The request shall contain specific reasons for recommending the deletion of the recording. If the Division Commander determines the video should be deleted due to personal privacy rights concerns, the PDRD Program Administrator will delete the file and document the deletion for audit purposes. If the division commander determines the video should not be deleted, the Chief of Police shall make the final decision. 449.10.1 RELEASE OF AUDIO/VIDEO RECORDING Requests for the release of audio/video recordings shall be processed in accordance with the Records Maintenance and Release Policy. Copyright Lexipol, LLC 2024/03/28, All Rights Reserved. Portable Audio/Video Recorders - 395 Published with permission by Benicia Police Department Policy Benicia Police Department 451 Benicia PD Policy Manual Medical Marijuana 451.1 PURPOSE AND SCOPE The purpose of this policy is to provide members of this department with guidelines for investigating the acquisition, possession, transportation, delivery, production or use of marijuana under California’s medical marijuana laws. 451.1.1 DEFINITIONS Definitions related to this policy include: Cardholder - A person issued a current identification card. Compassionate Use Act (CUA) (Health and Safety Code § 11362.5) - California law intended to provide protection from prosecution to those who are seriously ill and whose health would benefit from the use of marijuana in the treatment of illness for which marijuana provides relief. The CUA does not grant immunity from arrest but rather provides an affirmative defense from prosecution for possession of medical marijuana. Identification card - A valid document issued by the California Department of Public Health to both persons authorized to engage in the medical use of marijuana and also to designated primary caregivers. Medical marijuana - Marijuana possessed by a patient or primary caregiver for legitimate medical purposes. Medical Marijuana Program (MMP) (Health and Safety Code § 11362.7 et seq.) - California laws passed following the CUA to facilitate the prompt identification of patients and their designated primary caregivers in order to avoid unnecessary arrests and provide needed guidance to law enforcement officers. MMP prohibits arrest for possession of medical marijuana in certain circumstances and provides a defense in others. Patient - A person who is entitled to the protections of the CUA because he/she has received a written or oral recommendation or approval from a physician to use marijuana for medical purposes or any person issued a valid identification card. Primary caregiver - A person designated by the patient, who has consistently assumed responsibility for the patient’s housing, health or safety, who may assist the patient with the medical use of marijuana under the CUA or the MMP (Health and Safety Code § 11362.5; Health and Safety Code § 11362.7). Statutory amount - No more than 8 ounces of dried, mature, processed female marijuana flowers (“bud”) or the plant conversion (e.g., kief, hash, hash oil), and no more than six mature or 12 immature marijuana plants (roots, stems and stem fibers should not be considered) (Health and Safety Code § 11362.77). Copyright Lexipol, LLC 2024/03/28, All Rights Reserved. Medical Marijuana - 396 Published with permission by Benicia Police Department Benicia Police Department Benicia PD Policy Manual Benicia PD Policy Manual Medical Marijuana 451.2 POLICY It is the policy of the Benicia 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 Benicia Police Department will exercise discretion to ensure laws are appropriately enforced without unreasonably burdening both those individuals protected under California law and public resources. 451.3 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. 451.3.1 INVESTIGATIONS WITH NO MEDICINAL CLAIM In any investigation involving the possession, delivery, production or use of marijuana or drug paraphernalia where no person claims that the marijuana is used for medicinal purposes, the officer should proceed with a criminal investigation if the amount is greater than permitted for personal use under the Control, Regulate and Tax Adult Use of Marijuana Act (Health and Safety Code § 11362.1; Health and Safety Code § 11362.2). A medicinal defense may be raised at any time, so officers should document any statements and observations that may be relevant to whether the marijuana was possessed or produced for medicinal purposes. 451.3.2 INVESTIGATIONS INVOLVING A MEDICINAL CLAIM MADE BY A CARDHOLDER A cardholder or designated primary caregiver in possession of an identification card shall not be arrested for possession, transportation, delivery or cultivation of medical marijuana at or below the statutory amount unless there is probable cause to believe that (Health and Safety Code § 11362.71; Health and Safety Code § 11362.78): (a) The information contained in the card is false or falsified. (b) The card has been obtained or used by means of fraud. (c) The person is otherwise in violation of the provisions of the MMP. (d) The person possesses marijuana but not for personal medical purposes. Copyright Lexipol, LLC 2024/03/28, All Rights Reserved. Medical Marijuana - 397 Published with permission by Benicia Police Department Benicia Police Department Benicia PD Policy Manual Benicia PD Policy Manual Medical Marijuana Officers who reasonably believe that a person who does not have an identification card in his/her possession has been issued an identification card may treat the investigation as if the person had the card in his/her possession. Cardholders may possess, transport, deliver or cultivate medical marijuana in amounts above the statutory amount if their doctor has concluded that the statutory amount does not meet the patient’s medical needs (Health and Safety Code § 11362.71; Health and Safety Code § 11362.77). Investigations involving cardholders with more than the statutory amount of marijuana should be addressed as provided in this policy for a case involving a medicinal claim made by a non-cardholder. 451.3.3 INVESTIGATIONS INVOLVING A MEDICINAL CLAIM MADE BY A NON- CARDHOLDER No patient or primary caregiver should be arrested for possession or cultivation of an amount of medical marijuana if the officer reasonably believes that marijuana is in a form and amount reasonably related to the qualified patient's current medical needs (Health and Safety Code § 11362.5). This arrest guidance also applies to sales, transportation or delivery of medical marijuana, or maintaining/renting a drug house or building that may be a nuisance if otherwise in compliance with MMP (Health and Safety Code § 11362.765). Officers are not obligated to accept a person’s claim of having a physician’s recommendation when the claim cannot be readily verified with the physician but are expected to use their judgment to assess the validity of the person’s medical-use claim. Officers should review any available written documentation for validity and whether it contains the recommending physician’s name, telephone number, address and medical license number for verification. Officers should generally accept verified recommendations by a physician that statutory amounts do not meet the patient’s needs (Health and Safety Code § 11362.77). 451.3.4 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. Copyright Lexipol, LLC 2024/03/28, All Rights Reserved. Medical Marijuana - 398 Published with permission by Benicia Police Department Benicia Police Department Benicia PD Policy Manual Benicia PD Policy Manual Medical Marijuana 4. Other relevant factors, such as available [department/office] resources and time constraints prohibit making an immediate arrest. (b) Whenever the initial investigation reveals an amount of marijuana greater than the statutory amount, officers should consider the following when determining whether the form and amount is reasonably related to the patient’s needs: 1. The amount of marijuana recommended by a medical professional to be ingested. 2. The quality of the marijuana. 3. The method of ingestion (e.g., smoking, eating, nebulizer). 4. The timing of the possession in relation to a harvest (patient may be storing marijuana). 5. Whether the marijuana is being cultivated indoors or outdoors. (c) Before proceeding with enforcement related to collective gardens or dispensaries, officers should consider conferring with a supervisor, an applicable state regulatory agency or other member with special knowledge in this area, and/or appropriate legal counsel (Business and Professions Code § 26010; Business and Professions Code § 26060). Licensing, zoning, and other related issues can be complex. Patients, primary caregivers, and cardholders who collectively or cooperatively cultivate marijuana for medical purposes may be licensed or may have a defense in certain circumstances (Business and Professions Code § 26032; Business and Professions Code § 26033). (d) Investigating members should not order a patient to destroy marijuana plants under threat of arrest. 451.3.5 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 (Health and Safety Code § 11362.5). (b) Marijuana possession in jails or other correctional facilities that prohibit such possession (Health and Safety Code § 11362.785). (c) Smoking marijuana (Health and Safety Code § 11362.79): 1. In any place where smoking is prohibited by law. 2. In or within 1,000 feet of the grounds of a school, recreation center or youth center, unless the medical use occurs within a residence. 3. On a school bus. 4. While in a motor vehicle that is being operated. 5. While operating a boat. Copyright Lexipol, LLC 2024/03/28, All Rights Reserved. Medical Marijuana - 399 Published with permission by Benicia Police Department Benicia Police Department Benicia PD Policy Manual Benicia PD Policy Manual Medical Marijuana (d) Use of marijuana by a person on probation or parole, or on bail and use is prohibited by the terms of release (Health and Safety Code § 11362.795). 451.3.6 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 (Business and Professions Code § 26032). 451.4 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. 451.5 EVIDENCE ROOM SUPERVISOR RESPONSIBILITIES The property room 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 room 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 room 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 room supervisor may release marijuana to federal law enforcement authorities upon presentation of a valid court order or by a written order of the Investigations supervisor. Copyright Lexipol, LLC 2024/03/28, All Rights Reserved. Medical Marijuana - 400 Published with permission by Benicia Police Department Policy Benicia Police Department 453 Benicia PD Policy Manual Bicycle Patrol Unit 453.1 PURPOSE AND SCOPE The Benicia 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. 453.2 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 Supervisor. 453.3 SELECTION OF PERSONNEL Interested sworn personnel, who are off probation, shall submit a change of assignment request to their appropriate Division Commander. A copy will be forwarded to the BPU supervisor. Qualified applicants will then be invited to an oral interview. The oral board will consist of the BPU supervisor and second person to be selected by the BPU supervisor. Interested personnel shall be evaluated by the following criteria: (a) Recognized competence and ability as evidenced by performance. (b) Special skills or training as it pertains to the assignment. (c) Good physical condition. (d) Willingness to perform duties using the bicycle as a mode of transportation. 453.3.1 BICYCLE PATROL UNIT SUPERVISOR The Bicycle Patrol Unit supervisor will be selected from the rank of sergeant by the Patrol 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 Patrol Division. Copyright Lexipol, LLC 2024/03/28, All Rights Reserved. Bicycle Patrol Unit - 401 Published with permission by Benicia Police Department Benicia Police Department Benicia PD Policy Manual Benicia PD Policy Manual Bicycle Patrol Unit (f) Other activities as required to maintain the efficient operation of the Bicycle Patrol Unit. 453.4 TRAINING Participants in the program must complete an initial Department approved bicycle-training course after acceptance into the program. Thereafter bicycle patrol officers should receive twice yearly in-service training to improve skills and refresh safety, health and operational procedures. The initial training shall minimally include the following: • Bicycle patrol strategies. • Bicycle safety and accident prevention. • Operational tactics using bicycles. Bicycle patrol officers will be required to qualify with their duty firearm while wearing bicycle safety equipment including the helmet and riding gloves. 453.5 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. 453.6 CARE AND USE OF PATROL BICYCLES Officers will be assigned a specially marked and equipped patrol bicycle, attached gear bag, two batteries and a charger. Bicycles utilized for uniformed bicycle patrol shall be primarily black or white in with a “POLICE” decal affixed to each side of the crossbar or the bike's saddlebag. Every such bicycle shall be equipped with front and rear reflectors front lights and a siren/horn satisfying the requirements of Vehicle Code §2800.1(b). 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. Copyright Lexipol, LLC 2024/03/28, All Rights Reserved. Bicycle Patrol Unit - 402 Published with permission by Benicia Police Department Benicia Police Department Benicia PD Policy Manual Benicia PD Policy Manual Bicycle Patrol Unit Each bicycle gear bag shall include a first aid kit, tire pump, repair tool, tire tube, security lock, equipment information and use manuals. These items are to remain with/on the bicycle at all times. Each bicycle shall be equipped with a steady or flashing blue warning light that is visible from the front, sides, or rear of the bicycle. (Vehicle Code § 21201.3) Bicycle officers shall conduct an inspection of the bicycle and equipment prior to use to insure proper working order of the equipment. Officers are responsible for the routine care and maintenance of their assigned equipment (e.g., tire pressure, chain lubrication, overall cleaning). If a needed repair is beyond the ability of the bicycle officer, a repair work order will be completed and forwarded to the program supervisor for repair by an approved technician. Each bicycle will have scheduled maintenance twice yearly to be performed by a department approved repair shop/technician. At the end of a bicycle assignment, the bicycle shall be returned clean and ready for the next tour of duty. Electric patrol bicycle batteries shall be rotated on the assigned charger at the end of each tour of duty. During prolonged periods of non-use, each officer assigned an electric bicycle shall periodically rotate the batteries on the respective charges to increase battery life. Officers shall not modify the patrol bicycle, remove, modify or add components except with the expressed approval of the bicycle supervisor, or in the event of an emergency. Vehicle bicycle racks are available should the officer need to transport the patrol bicycle. Due to possible component damage, transportation of the patrol bicycle in a trunk or on a patrol car push- bumper is discouraged. Bicycles shall be properly secured when not in the officer's immediate presence. 453.7 OFFICER RESPONSIBILITY Officers must operate the bicycle in compliance with the vehicle code under normal operation. Officers may operate the bicycle without lighting equipment during hours of darkness when such operation reasonably appears necessary for officer safety and tactical considerations. Officers must use caution and care when operating the bicycle without lighting equipment. Officers are exempt from the rules of the road under the following conditions (Vehicle Code § 21200(b)(1)): (a) In response to an emergency call. (b) While engaged in rescue operations. (c) In the immediate pursuit of an actual or suspected violator of the law. Copyright Lexipol, LLC 2024/03/28, All Rights Reserved. Bicycle Patrol Unit - 403 Published with permission by Benicia Police Department Policy Benicia Police Department 457 Benicia PD Policy Manual Foot Pursuits 457.1 PURPOSE AND SCOPE This policy provides guidelines to assist officers in making the decision to initiate or continue the pursuit of suspects on foot. 457.1.1 POLICY It is the policy of this department when deciding to initiate or continue a foot pursuit that officers must continuously balance the objective of apprehending the suspect with the risk and potential for injury to department personnel, the public or the suspect. Officers are expected to act reasonably, based on the totality of the circumstances. Absent exigent circumstances, the safety of department personnel and the public should be the primary consideration when determining whether a foot pursuit should be initiated or continued. Officers must be mindful that immediate apprehension of a suspect is rarely more important than the safety of the public and department personnel. 457.2 DECISION TO PURSUE The safety of department members and the public should be the primary consideration when determining whether a foot pursuit should be initiated or continued. Officers must be mindful that immediate apprehension of a suspect is rarely more important than the safety of the public and department members. Officers may be justified in initiating a foot pursuit of any individual the officer reasonably believes is about to engage in, is engaging in or has engaged in criminal activity. The decision to initiate or continue such a foot pursuit, however, must be continuously re-evaluated in light of the circumstances presented at the time. Mere flight by a person who is not suspected of criminal activity shall not serve as justification for engaging in an extended foot pursuit without the development of reasonable suspicion regarding the individual’s involvement in criminal activity or being wanted by law enforcement. Deciding to initiate or continue a foot pursuit is a decision that an officer must make quickly and under unpredictable and dynamic circumstances. It is recognized that foot pursuits may place department members and the public at significant risk. Therefore, no officer or supervisor shall be criticized or disciplined for deciding not to engage in a foot pursuit because of the perceived risk involved. If circumstances permit, surveillance and containment are generally the safest tactics for apprehending fleeing persons. In deciding whether to initiate or continue a foot pursuit, an officer should continuously consider reasonable alternatives to a foot pursuit based upon the circumstances and resources available, such as: (a) Containment of the area. Copyright Lexipol, LLC 2024/03/28, All Rights Reserved. Foot Pursuits - 404 Published with permission by Benicia Police Department Benicia Police Department Benicia PD Policy Manual Benicia PD Policy Manual Foot Pursuits (b) Saturation of the area with law enforcement personnel, including assistance from other agencies. (c) A canine search. (d) Thermal imaging or other sensing technology. (e) Air support. (f) Apprehension at another time when the identity of the suspect is known or there is information available that would likely allow for later apprehension, and the need to immediately apprehend the suspect does not reasonably appear to outweigh the risk of continuing the foot pursuit. 457.3 GENERAL GUIDELINES When reasonably practicable, officers should consider alternatives to engaging in or continuing a foot pursuit when: (a) Directed by a supervisor to terminate the foot pursuit; such an order shall be considered mandatory (b) The officer is acting alone. (c) Two or more officers become separated, lose visual contact with one another, or obstacles separate them to the degree that they cannot immediately assist each other should a confrontation take place. In such circumstances, it is generally recommended that a single officer keep the suspect in sight from a safe distance and coordinate the containment effort. (d) The officer is unsure of his/her location and direction of travel. (e) The officer is pursuing multiple suspects and it is not reasonable to believe that the officer would be able to control the suspect should a confrontation occur. (f) The physical condition of the officer renders him/her incapable of controlling the suspect if apprehended. (g) The officer loses radio contact with the [dispatcher or with assisting or backup officers. (h) The suspect enters a building, structure, confined space, isolated area or dense or difficult terrain, and there are insufficient officers to provide backup and containment. The primary officer should consider discontinuing the foot pursuit and coordinating containment pending the arrival of sufficient resources. (i) The officer becomes aware of unanticipated or unforeseen circumstances that unreasonably increase the risk to officers or the public. (j) The officer reasonably believes that the danger to the pursuing officers or public outweighs the objective of immediate apprehension. (k) The officer loses possession of his/her firearm or other essential equipment. Copyright Lexipol, LLC 2024/03/28, All Rights Reserved. Foot Pursuits - 405 Published with permission by Benicia Police Department Benicia Police Department Benicia PD Policy Manual Benicia PD Policy Manual Foot Pursuits (l) The officer or a third party is injured during the pursuit, requiring immediate assistance, and there are no other emergency personnel available to render assistance. (m) The suspect’s location is no longer definitely known. (n) The identity of the suspect is established or other information exists that will allow for the suspect’s apprehension at a later time, and it reasonably appears that there is no immediate threat to department members or the public if the suspect is not immediately apprehended. (o) The officer’s ability to safely continue the pursuit is impaired by inclement weather, darkness or other environmental conditions. 457.4 RESPONSIBILITIES IN FOOT PURSUITS 457.4.1 INITIATING OFFICER RESPONSIBILITIES Unless relieved by another officer or a supervisor, the initiating officer shall be responsible for coordinating the progress of the pursuit. When acting alone and when practicable, the initiating officer should not attempt to overtake and confront the suspect but should attempt to keep the suspect in sight until sufficient officers are present to safely apprehend the suspect. Early communication of available information from the involved officers is essential so that adequate resources can be coordinated and deployed to bring a foot pursuit to a safe conclusion. Officers initiating a foot pursuit should, at a minimum, broadcast the following information as soon as it becomes practicable and available: (a) Location and direction of travel (b) Call sign identifier (c) Reason for the foot pursuit, such as the crime classification (d) Number of suspects and description, to include name if known (e) Whether the suspect is known or believed to be armed with a dangerous weapon Officers should be mindful that radio transmissions made while running may be difficult to understand and may need to be repeated. Absent extenuating circumstances, any officer unable to promptly and effectively broadcast this information should terminate the foot pursuit. If the foot pursuit is discontinued for any reason, immediate efforts for containment should be established and alternatives considered based upon the circumstances and available resources. When a foot pursuit terminates, the officer will notify the [dispatcher of his/her location and the status of the pursuit termination (e.g., suspect in custody, lost sight of suspect), and will direct further actions as reasonably appear necessary, to include requesting medical aid as needed for officers, suspects or members of the public. Copyright Lexipol, LLC 2024/03/28, All Rights Reserved. Foot Pursuits - 406 Published with permission by Benicia Police Department Benicia Police Department Benicia PD Policy Manual Benicia PD Policy Manual Foot Pursuits 457.4.2 ASSISTING OFFICER RESPONSIBILITIES Whenever any officer announces that he/she is engaged in a foot pursuit, all other officers should minimize non-essential radio traffic to permit the involved officers maximum access to the radio frequency. 457.4.3 SUPERVISOR RESPONSIBILITIES Upon becoming aware of a foot pursuit, the supervisor shall make every reasonable effort to ascertain sufficient information to direct responding resources and to take command, control and coordination of the foot pursuit. The supervisor should respond to the area whenever possible; the supervisor does not, however, need not be physically present to exercise control over the foot pursuit. The supervisor shall continuously assess the situation in order to ensure the foot pursuit is conducted within established department guidelines. The supervisor shall terminate the foot pursuit when the danger to pursuing officers or the public appears to unreasonably outweigh the objective of immediate apprehension of the suspect. Upon apprehension of the suspect, the supervisor shall promptly proceed to the termination point to direct the post-foot pursuit activity. 457.4.4 DISPATCH RESPONSIBILITIES Upon notification or becoming aware that a foot pursuit is in progress, the [dispatcher is responsible for: (a) Clearing the radio channel of non-emergency traffic. (b) Coordinating pursuit communications of the involved officers. (c) Broadcasting pursuit updates as well as other pertinent information as necessary. (d) Ensuring that a field supervisor is notified of the foot pursuit. (e) Notifying and coordinating with other involved or affected agencies as practicable. (f) Notifying the Supervisor as soon as practicable. (g) Assigning an incident number and logging all pursuit activities. 457.5 REPORTING REQUIREMENTS The initiating officer shall complete appropriate crime/arrest reports documenting, at minimum: (a) Date and time of the foot pursuit. (b) Initial reason and circumstances surrounding the foot pursuit. (c) Course and approximate distance of the foot pursuit. (d) Alleged offenses. (e) Involved vehicles and officers. (f) Whether a suspect was apprehended as well as the means and methods used. Copyright Lexipol, LLC 2024/03/28, All Rights Reserved. Foot Pursuits - 407 Published with permission by Benicia Police Department Benicia Police Department Benicia PD Policy Manual Benicia PD Policy Manual Foot Pursuits 1. Any use of force shall be reported and documented in compliance with the Use of Force Policy. (g) Arrestee information, if applicable. (h) Any injuries and/or medical treatment. (i) Any property or equipment damage. (j) Name of the supervisor at the scene or who handled the incident. Assisting officers taking an active role in the apprehension of the suspect shall complete supplemental reports as necessary or as directed. The supervisor reviewing the report will make a preliminary determination that the pursuit appears to be in compliance with this policy or that additional review and/or follow-up is warranted. In any case in which a suspect is not apprehended and there is insufficient information to support further investigation, a supervisor may authorize that the initiating officer need not complete a formal report. 457.6 POLICY It is the policy of this department that officers, when deciding to initiate or continue a foot pursuit, continuously balance the objective of apprehending the suspect with the risk and potential for injury to department members, the public or the suspect. Officers are expected to act reasonably, based on the totality of the circumstances. Copyright Lexipol, LLC 2024/03/28, All Rights Reserved. Foot Pursuits - 408 Published with permission by Benicia Police Department Policy Benicia Police Department 463 Benicia PD Policy Manual Homeless Persons 463.1 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 Benicia Police Department recognizes that members of the homeless community are often in need of special protection and services. The Benicia Police Department will address these needs in balance with the overall mission of this [department/office]. Therefore, officers will consider the following when serving the homeless community. 463.1.1 POLICY It is the policy of the Benicia 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/office] will not use homelessness solely as a basis for detention or law enforcement action. 463.2 HOMELESS COMMUNITY LIAISON The Chief of Police will designate a member of this [department/office] 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/office] employees a list of assistance programs and other resources that are available to the homeless. (b) Meet with social services and representatives of other organizations that render assistance to the homeless. (c) Maintain a list of the areas within and near this jurisdiction that are used as frequent homeless encampments. (d) Remain abreast of laws dealing with the removal and/or destruction of the personal property of the homeless. This will include: 1. Proper posting of notices of trespass and clean-up operations. 2. Proper retention of property after clean-up, to include procedures for owners to reclaim their property in accordance with the Property and Evidence Policy and other established procedures. (e) Be present during any clean-up operation conducted by this [department/office] involving the removal of personal property of the homeless to ensure that the rights of the homeless are not violated. (f) Develop training to assist officers in understanding current legal and social issues relating to the homeless. Copyright Lexipol, LLC 2024/03/28, All Rights Reserved. Homeless Persons - 409 Published with permission by Benicia Police Department Benicia Police Department Benicia PD Policy Manual Benicia PD Policy Manual Homeless Persons 463.3 FIELD CONTACTS Officers are encouraged to contact the homeless for purposes of rendering aid, support and for community-oriented policing purposes. Nothing in this policy is meant to dissuade an officer from taking reasonable enforcement action when facts support a reasonable suspicion of criminal activity. However, when encountering a homeless person who has committed a non-violent misdemeanor and continued freedom is not likely to result in a continuation of the offense or a breach of the peace, officers are encouraged to consider long-term solutions to problems that may relate to the homeless, such as shelter referrals and counseling in lieu of physical arrest. Officers should provide homeless persons with resource and assistance information whenever it is reasonably apparent that such services may be appropriate. 463.3.1 OTHER CONSIDERATIONS Homeless members of the community will receive the same level and quality of service provided to other members of the community. The fact that a victim or witness is homeless can, however, require special considerations for a successful investigation and prosecution. Officers should consider the following when handling investigations involving homeless victims, witnesses or suspects: (a) Document alternate contact information. This may include obtaining addresses and phone numbers of relatives and friends. (b) Document places the homeless person may frequent. (c) Provide homeless victims with victim/witness resources when appropriate. (d) Obtain statements from all available witnesses in the event that a homeless victim is unavailable for a court appearance. (e) Consider whether the person may be a dependent adult or elder, and if so, proceed in accordance with the Senior and Disability Victimization Policy. (f) Arrange for transportation for investigation-related matters, such as medical exams and court appearances. (g) Consider whether a crime should be reported and submitted for prosecution, even when a homeless victim indicates that he/she does not desire prosecution. 463.4 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 Copyright Lexipol, LLC 2024/03/28, All Rights Reserved. Homeless Persons - 410 Published with permission by Benicia Police Department Benicia Police Department Benicia PD Policy Manual Benicia PD Policy Manual Homeless Persons taken to remove or secure the property. It will be the supervisor’s responsibility to coordinate the removal and safekeeping of the property. Officers should not conduct or assist in clean-up operations of belongings that reasonably appear to be the property of homeless persons without the prior authorization of a supervisor or the [department/office] 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/office] 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. 463.5 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. 463.6 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. Copyright Lexipol, LLC 2024/03/28, All Rights Reserved. Homeless Persons - 411 Published with permission by Benicia Police Department Policy Benicia Police Department 464 Benicia PD Policy Manual Public Recording of Law Enforcement Activity 464.1 PURPOSE AND SCOPE This policy provides guidelines for handling situations in which members of the public photograph or audio/video record law enforcement actions and other public activities that involve members of this department. In addition, this policy provides guidelines for situations where the recordings may be evidence. 464.2 POLICY The Benicia Police Department recognizes the right of persons to lawfully record members of this department who are performing their official duties. Members of this department will not prohibit or intentionally interfere with such lawful recordings. Any recordings that are deemed to be evidence of a crime or relevant to an investigation will only be collected or seized lawfully. Officers should exercise restraint and should not resort to highly discretionary arrests for offenses such as interference, failure to comply or disorderly conduct as a means of preventing someone from exercising the right to record members performing their official duties. 464.3 RECORDING LAW ENFORCEMENT ACTIVITY Members of the public who wish to record law enforcement activities are limited only in certain aspects. (a) Recordings may be made from any public place or any private property where the individual has the legal right to be present (Penal Code § 69; Penal Code § 148). (b) Beyond the act of photographing or recording, individuals may not interfere with the law enforcement activity. Examples of interference include, but are not limited to: 1. Tampering with a witness or suspect. 2. Inciting others to violate the law. 3. Being so close to the activity as to present a clear safety hazard to the officers. 4. Being so close to the activity as to interfere with an officer’s effective communication with a suspect or witness. (c) The individual may not present an undue safety risk to the officers, him/herself or others. 464.4 OFFICER RESPONSE Officers should promptly request that a supervisor respond to the scene whenever it appears that anyone recording activities may be interfering with an investigation or it is believed that the recording may be evidence. If practicable, officers should wait for the supervisor to arrive before taking enforcement action or seizing any cameras or recording media. Whenever practicable, officers or supervisors should give clear and concise warnings to individuals who are conducting themselves in a manner that would cause their recording or behavior to be unlawful. Accompanying the warnings should be clear directions on what an Copyright Lexipol, LLC 2024/03/28, All Rights Reserved. Public Recording of Law Enforcement Activity Published with permission by Benicia Police Department - 412 Benicia Police Department Benicia PD Policy Manual Benicia PD Policy Manual Public Recording of Law Enforcement Activity individual can do to be compliant; directions should be specific enough to allow compliance. For example, rather than directing an individual to clear the area, an officer could advise the person that he/she may continue observing and recording from the sidewalk across the street. If an arrest or other significant enforcement activity is taken as the result of a recording that interferes with law enforcement activity, officers shall document in a report the nature and extent of the interference or other unlawful behavior and the warnings that were issued. 464.5 SUPERVISOR RESPONSIBILITIES A supervisor should respond to the scene when requested or any time the circumstances indicate a likelihood of interference or other unlawful behavior. The supervisor should review the situation with the officer and: (a) Request any additional assistance as needed to ensure a safe environment. (b) Take a lead role in communicating with individuals who are observing or recording regarding any appropriate limitations on their location or behavior. When practical, the encounter should be recorded. (c) When practicable, allow adequate time for individuals to respond to requests for a change of location or behavior. (d) Ensure that any enforcement, seizure or other actions are consistent with this policy and constitutional and state law. (e) Explain alternatives for individuals who wish to express concern about the conduct of Department members, such as how and where to file a complaint. 464.6 SEIZING RECORDINGS AS EVIDENCE Officers should not seize recording devices or media unless (42 USC § 2000aa): (a) There is probable cause to believe the person recording has committed or is committing a crime to which the recording relates, and the recording is reasonably necessary for prosecution of the person. 1. Absent exigency or consent, a warrant should be sought before seizing or viewing such recordings. Reasonable steps may be taken to prevent erasure of the recording. (b) There is reason to believe that the immediate seizure of such recordings is necessary to prevent serious bodily injury or death of any person. (c) The person consents. 1. To ensure that the consent is voluntary, the request should not be made in a threatening or coercive manner. 2. If the original recording is provided, a copy of the recording should be provided to the recording party, if practicable. The recording party should be permitted to be present while the copy is being made, if feasible. Another way to obtain the evidence is to transmit a copy of the recording from a device to a department- owned device. Copyright Lexipol, LLC 2024/03/28, All Rights Reserved. Public Recording of Law Enforcement Activity Published with permission by Benicia Police Department - 413 Benicia Police Department Benicia PD Policy Manual Benicia PD Policy Manual Public Recording of Law Enforcement Activity Recording devices and media that are seized will be submitted within the guidelines of the Property and Evidence Policy. Copyright Lexipol, LLC 2024/03/28, All Rights Reserved. Public Recording of Law Enforcement Activity Published with permission by Benicia Police Department - 414 Policy Benicia Police Department 465 Benicia PD Policy Manual Crisis Intervention Incidents 465.1 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. 465.1.1 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. 465.2 POLICY The Benicia Police Department is committed to providing a consistently high level of service to all members of the community and recognizes that persons in crisis may benefit from intervention. The Department will collaborate, where feasible, with mental health professionals to develop an overall intervention strategy to guide its members’ interactions with those experiencing a mental health crisis. This is to ensure equitable and safe treatment of all involved. 465.3 SIGNS Members should be alert to any of the following possible signs of mental health issues or crises: (a) A known history of mental illness (b) Threats of or attempted suicide (c) Loss of memory (d) Incoherence, disorientation or slow response (e) Delusions, hallucinations, perceptions unrelated to reality or grandiose ideas (f) Depression, pronounced feelings of hopelessness or uselessness, extreme sadness or guilt (g) Social withdrawal (h) Manic or impulsive behavior, extreme agitation, lack of control (i) Lack of fear (j) Anxiety, aggression, rigidity, inflexibility or paranoia Members should be aware that this list is not exhaustive. The presence or absence of any of these should not be treated as proof of the presence or absence of a mental health issue or crisis. Copyright Lexipol, LLC 2024/03/28, All Rights Reserved. Crisis Intervention Incidents - 415 Published with permission by Benicia Police Department Benicia Police Department Benicia PD Policy Manual Benicia PD Policy Manual Crisis Intervention Incidents 465.4 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. 465.5 FIRST RESPONDERS Safety is a priority for first responders. It is important to recognize that individuals under the influence of alcohol, drugs or both may exhibit symptoms that are similar to those of a person in a mental health crisis. These individuals may still present a serious threat to officers; such a threat should be addressed with reasonable tactics. Nothing in this policy shall be construed to limit an officer’s authority to use reasonable force when interacting with a person in crisis. Officers are reminded that mental health issues, mental health crises and unusual behavior alone are not criminal offenses. Individuals may benefit from treatment as opposed to incarceration. An officer responding to a call involving a person in crisis should: (a) Promptly assess the situation independent of reported information and make a preliminary determination regarding whether a mental health crisis may be a factor. (b) Request available backup officers and specialized resources as deemed necessary and, if it is reasonably believed that the person is in a crisis situation, use conflict resolution and de-escalation techniques to stabilize the incident as appropriate. (c) If feasible, and without compromising safety, turn off flashing lights, bright lights or sirens. (d) Attempt to determine if weapons are present or available. 1. Prior to making contact, and whenever possible and reasonable, conduct a search of the Department of Justice Automated Firearms System via the California Law Enforcement Telecommunications System (CLETS) to determine whether the person is the registered owner of a firearm (Penal Code § 11106.4). (e) Take into account the person’s mental and emotional state and potential inability to understand commands or to appreciate the consequences of his/her action or inaction, as perceived by the officer. (f) Secure the scene and clear the immediate area as necessary. (g) Employ tactics to preserve the safety of all participants. (h) Determine the nature of any crime. (i) Request a supervisor, as warranted. (j) Evaluate any available information that might assist in determining cause or motivation for the person’s actions or stated intentions. (k) If circumstances reasonably permit, consider and employ alternatives to force. Copyright Lexipol, LLC 2024/03/28, All Rights Reserved. Crisis Intervention Incidents - 416 Published with permission by Benicia Police Department Benicia Police Department Benicia PD Policy Manual Benicia PD Policy Manual Crisis Intervention Incidents 465.6 DE-ESCALATION Officers should consider that taking no action or passively monitoring the situation may be the most reasonable response to a mental health crisis. Once it is determined that a situation is a mental health crisis and immediate safety concerns have been addressed, responding members should be aware of the following considerations and should generally: • Evaluate safety conditions. • Introduce themselves and attempt to obtain the person’s name. • Be patient, polite, calm, courteous and avoid overreacting. • Speak and move slowly and in a non-threatening manner. • Moderate the level of direct eye contact. • Remove distractions or disruptive people from the area. • Demonstrate active listening skills (e.g., summarize the person’s verbal communication). • Provide for sufficient avenues of retreat or escape should the situation become volatile. Responding officers generally should not: • Use stances or tactics that can be interpreted as aggressive. • Allow others to interrupt or engage the person. • Corner a person who is not believed to be armed, violent or suicidal. • Argue, speak with a raised voice or use threats to obtain compliance. 465.7 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. 465.8 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. Copyright Lexipol, LLC 2024/03/28, All Rights Reserved. Crisis Intervention Incidents - 417 Published with permission by Benicia Police Department Benicia Police Department Benicia PD Policy Manual Benicia PD Policy Manual Crisis Intervention Incidents (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 members is warranted. 465.9 INCIDENT REPORTING Members engaging in any oral or written communication associated with a mental health crisis should be mindful of the sensitive nature of such communications and should exercise appropriate discretion when referring to or describing persons and circumstances. Members having contact with a person in crisis should keep related information confidential, except to the extent that revealing information is necessary to conform to department reporting procedures or other official mental health or medical proceedings. 465.9.1 DIVERSION Individuals who are not being arrested should be processed in accordance with the Mental Illness Commitments Policy. 465.10 NON-SWORN INTERACTION WITH PEOPLE IN CRISIS Non-sworn members may be required to interact with persons in crisis in an administrative capacity, such as dispatching, records request, and animal control issues. (a) Members should treat all individuals equally and with dignity and respect. (b) If a member believes that he/she is interacting with a person in crisis, he/she should proceed patiently and in a calm manner. (c) Members should be aware and understand that the person may make unusual or bizarre claims or requests. If a person’s behavior makes the member feel unsafe, if the person is or becomes disruptive or violent, or if the person acts in such a manner as to cause the member to believe that the person may be harmful to him/herself or others, an officer should be promptly summoned to provide assistance. 465.11 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 Copyright Lexipol, LLC 2024/03/28, All Rights Reserved. Crisis Intervention Incidents - 418 Published with permission by Benicia Police Department Benicia Police Department Benicia PD Policy Manual Benicia PD Policy Manual Crisis Intervention Incidents 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. 465.12 TRAINING In coordination with the mental health community and appropriate stakeholders, the Department will develop and provide comprehensive education and training to all department members to enable them to effectively interact with persons in crisis. This department will endeavor to provide Peace Officer Standards and Training (POST)-approved advanced officer training on interaction with persons with mental disabilities, welfare checks and crisis intervention (Penal Code § 11106.4; Penal Code § 13515.25; Penal Code § 13515.27; Penal Code § 13515.30). Copyright Lexipol, LLC 2024/03/28, All Rights Reserved. Crisis Intervention Incidents - 419 Published with permission by Benicia Police Department Policy Benicia Police Department 466 Benicia PD Policy Manual Suspicious Activity Reporting 466.1 PURPOSE AND SCOPE This policy provides guidelines for reporting and investigating suspicious and criminal activity. 466.1.1 DEFINITIONS Definitions related to this policy include: Involved party - An individual who has been observed engaging in suspicious activity, as defined in this policy, when no definitive criminal activity can be identified, thus precluding the person’s identification as a suspect. Suspicious activity - Any reported or observed activity that a member reasonably believes may have a nexus to any criminal act or attempted criminal act, or to foreign or domestic terrorism. Actual or perceived characteristics such as race, ethnicity, national origin, religion, sex, sexual orientation, gender identity or expression, economic status, age, cultural group, or disability should not be considered as factors that create suspicion (although these factors may be used as specific suspect descriptions). Examples of suspicious activity may include but are not limited to: • Suspected pre-operational surveillance or intelligence gathering (e.g., photographing security features, asking questions about sensitive security-related subjects). • Tests of security measures and response to incidents (e.g., “dry run,” creating false alarms, attempts to enter secure areas without authorization). • Suspicious purchases (e.g., purchasing large quantities of otherwise legal items, such as fertilizer, that could be used to create an explosive or other dangerous device). • An individual in possession of such things as a hoax explosive or dispersal device, sensitive materials (e.g., passwords, access codes, classified government information), or coded or ciphered literature or correspondence. Suspicious Activity Report (SAR) - An incident report used to document suspicious activity. 466.2 POLICY The Benicia 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. 466.3 RESPONSIBILITIES The Investigation Division Commander and authorized designees will manage SAR activities. Authorized designees should include supervisors who are responsible for [department/office] participation in criminal intelligence systems as outlined in the Criminal Organizations Policy. The responsibilities of the Investigation Division Commander include, but are not limited to: (a) Remaining familiar with those databases available to the [Department/Office] that would facilitate the purpose of this policy. Copyright Lexipol, LLC 2024/03/28, All Rights Reserved. Suspicious Activity Reporting - 420 Published with permission by Benicia Police Department Benicia Police Department Benicia PD Policy Manual Benicia PD Policy Manual Suspicious Activity Reporting (b) Maintaining adequate training in the area of intelligence gathering to ensure no information is being maintained that would violate the law or civil rights of any individual. (c) Ensuring a process is available that would allow members to report relevant information. The process should be designed to promote efficient and quick reporting, and should not be cumbersome, duplicative or complicated. (d) Ensuring that members are made aware of the purpose and value of documenting information regarding suspicious activity, as well as the databases and other information resources that are available to the [Department/Office]. (e) Ensuring that SAR information is appropriately disseminated to members in accordance with their job responsibilities. (f) Coordinating investigative follow-up, if appropriate. (g) Coordinating with any appropriate agency or fusion center. (h) Ensuring that, as resources are available, the [Department/Office] conducts outreach that is designed to encourage members of the community to report suspicious activity and that outlines what they should look for and how they should report it (e.g., website, public service announcements). 466.4 REPORTING AND INVESTIGATION Any [department/office] member receiving information regarding suspicious activity should take any necessary immediate and appropriate action, including a request for tactical response or immediate notification of specialized entities, when applicable. Any non-sworn member who receives such information should ensure that it is passed on to an officer in a timely manner. If the suspicious activity is not directly related to a reportable crime, the member should prepare a SAR and include information about involved parties and the circumstances of the incident. If, during any investigation, an officer becomes aware of suspicious activity that is unrelated to the current investigation, the information should be documented separately in a SAR and not included in the original incident report. The report number of the original incident should be included in the SAR as a cross reference. A SAR should be processed as any other incident report. 466.5 HANDLING INFORMATION The Records Section will forward copies of SARs, in a timely manner, to the following: • Investigation Division supervisor • Crime Analysis Unit • Other authorized designees Copyright Lexipol, LLC 2024/03/28, All Rights Reserved. Suspicious Activity Reporting - 421 Published with permission by Benicia Police Department Policy Benicia Police Department 467 Benicia PD Policy Manual First Amendment Assemblies 467.1 PURPOSE AND SCOPE This policy provides guidance for responding to public assemblies or demonstrations. 467.2 POLICY The Benicia Police Department respects the rights of people to peaceably assemble. It is the policy of this [department/office] not to unreasonably interfere with, harass, intimidate or discriminate against persons engaged in the lawful exercise of their rights, while also preserving the peace, protecting life and preventing the destruction of property. 467.3 GENERAL CONSIDERATIONS Individuals or groups present on the public way, such as public facilities, streets or walkways, generally have the right to assemble, rally, demonstrate, protest or otherwise express their views and opinions through varying forms of communication, including the distribution of printed matter. These rights may be limited by laws or ordinances regulating such matters as the obstruction of individual or vehicle access or egress, trespass, noise, picketing, distribution of handbills and leafleting, and loitering. However, officers shall not take action or fail to take action based on the opinions being expressed. Participant behavior during a demonstration or other public assembly can vary. This may include, but is not limited to: • Lawful, constitutionally protected actions and speech. • Civil disobedience (typically involving minor criminal acts). • Rioting. All of these behaviors may be present during the same event. Therefore, it is imperative that law enforcement actions are measured and appropriate for the behaviors officers may encounter. This is particularly critical if force is being used. Adaptable strategies and tactics are essential. The purpose of a law enforcement presence at the scene of public assemblies and demonstrations should be to preserve the peace, to protect life and prevent the destruction of property. Officers should not: (a) Engage in assembly or demonstration-related discussion with participants. (b) Harass, confront or intimidate participants. (c) Seize the cameras, cell phones or materials of participants or observers unless an officer is placing a person under lawful arrest. Supervisors should continually observe [department/office] members under their commands to ensure that members’ interaction with participants and their response to crowd dynamics is appropriate. Copyright Lexipol, LLC 2024/03/28, All Rights Reserved. First Amendment Assemblies - 422 Published with permission by Benicia Police Department Benicia Police Department Benicia PD Policy Manual Benicia PD Policy Manual First Amendment Assemblies 467.3.1 PHOTOGRAPHS AND VIDEO RECORDINGS Photographs and video recording, when appropriate, can serve a number of purposes, including support of criminal prosecutions by documenting criminal acts; assistance in evaluating [department/office] performance; serving as training material; recording the use of dispersal orders; and facilitating a response to allegations of improper law enforcement conduct. Photographs and videos will not be used or retained for the sole purpose of collecting or maintaining information about the political, religious, or social views of associations, or the activities of any individual, group, association, organization, corporation, business, or partnership, unless such information directly relates to an investigation of criminal activities and there is reasonable suspicion that the subject of the information is involved in criminal conduct. 467.4 UNPLANNED EVENTS When responding to an unplanned or spontaneous public gathering, the first responding officer should conduct an assessment of conditions, including, but not limited to, the following: • Location • Number of participants • Apparent purpose of the event • Leadership (whether it is apparent and/or whether it is effective) • Any initial indicators of unlawful or disruptive activity • Indicators that lawful use of public facilities, streets or walkways will be impacted • Ability and/or need to continue monitoring the incident Initial assessment information should be promptly communicated to Dispatch, and the assignment of a supervisor should be requested. Additional resources should be requested as appropriate. The responding supervisor shall assume command of the incident until command is expressly assumed by another, and the assumption of command is communicated to the involved members. A clearly defined command structure that is consistent with the Incident Command System (ICS) should be established as resources are deployed. 467.5 PLANNED EVENT PREPARATION For planned events, comprehensive, incident-specific operational plans should be developed. The ICS should be considered for such events. 467.5.1 INFORMATION GATHERING AND ASSESSMENT In order to properly assess the potential impact of a public assembly or demonstration on public safety and order, relevant information should be collected and vetted. This may include: • Information obtained from outreach to group organizers or leaders. • Information about past and potential unlawful conduct associated with the event or similar events. Copyright Lexipol, LLC 2024/03/28, All Rights Reserved. First Amendment Assemblies - 423 Published with permission by Benicia Police Department Benicia Police Department Benicia PD Policy Manual Benicia PD Policy Manual First Amendment Assemblies • The potential time, duration, scope, and type of planned activities. • Any other information related to the goal of providing a balanced response to criminal activity and the protection of public safety interests. Information should be obtained in a transparent manner, and the sources documented. Relevant information should be communicated to the appropriate parties in a timely manner. Information will be obtained in a lawful manner and will not be based solely on the purpose or content of the assembly or demonstration, or actual or perceived characteristics such as race, ethnicity, national origin, religion, sex, sexual orientation, gender identity or expression, economic status, age, cultural group, or disability of the participants (or any other characteristic that is unrelated to criminal conduct or the identification of a criminal subject). 467.5.2 OPERATIONAL PLANS An operational planning team with responsibility for event planning and management should be established. The planning team should develop an operational plan for the event. The operational plan will minimally provide for: (a) Command assignments, chain of command structure, roles and responsibilities. (b) Staffing and resource allocation. (c) Management of criminal investigations. (d) Designation of uniform of the day and related safety equipment (e.g., helmets, shields). (e) Deployment of specialized resources. (f) Event communications and interoperability in a multijurisdictional event. (g) Liaison with demonstration leaders and external agencies. (h) Liaison with City government and legal staff. (i) Media relations. (j) Logistics: food, fuel, replacement equipment, duty hours, relief and transportation. (k) Traffic management plans. (l) First aid and emergency medical service provider availability. (m) Prisoner transport and detention. (n) Review of policies regarding public assemblies and use of force in crowd control. (o) Parameters for declaring an unlawful assembly. (p) Arrest protocol, including management of mass arrests. (q) Protocol for recording information flow and decisions. (r) Rules of engagement, including rules of conduct, protocols for field force extraction and arrests, and any authorization required for the use of force. (s) Protocol for handling complaints during the event. Copyright Lexipol, LLC 2024/03/28, All Rights Reserved. First Amendment Assemblies - 424 Published with permission by Benicia Police Department Benicia Police Department Benicia PD Policy Manual Benicia PD Policy Manual First Amendment Assemblies (t) Parameters for the use of body-worn cameras and other portable recording devices. 467.5.3 MUTUAL AID AND EXTERNAL RESOURCES The magnitude and anticipated duration of an event may necessitate interagency cooperation and coordination. The assigned Incident Commander should ensure that any required memorandums of understanding or other agreements are properly executed, and that any anticipated mutual aid is requested and facilitated (see the Outside Agency Assistance Policy). 467.6 UNLAWFUL ASSEMBLY DISPERSAL ORDERS If a public gathering or demonstration remains peaceful and nonviolent, and there is no reasonably imminent threat to persons or property, the Incident Commander should generally authorize continued monitoring of the event. Should the Incident Commander make a determination that public safety is presently or is about to be jeopardized, he/she or the authorized designee should attempt to verbally persuade event organizers or participants to disperse of their own accord. Warnings and advisements may be communicated through established communications links with leaders and/or participants or to the group. When initial attempts at verbal persuasion are unsuccessful, the Incident Commander or the authorized designee should make a clear standardized announcement to the gathering that the event is an unlawful assembly, and should order the dispersal of the participants. The announcement should be communicated by whatever methods are reasonably available to ensure that the content of the message is clear and that it has been heard by the participants. The announcement should be amplified, made in different languages as appropriate, made from multiple locations in the affected area and documented by audio and video. The announcement should provide information about what law enforcement actions will take place if illegal behavior continues and should identify routes for egress. A reasonable time to disperse should be allowed following a dispersal order. 467.7 USE OF FORCE Use of force is governed by current [department/office] policy and applicable law (see the Use of Force, Handcuffing and Restraints, Control Devices and Techniques, and Conducted Energy Device policies). Individuals refusing to comply with lawful orders (e.g., nonviolent refusal to disperse) should be given a clear verbal warning and a reasonable opportunity to comply. If an individual refuses to comply with lawful orders, the Incident Commander shall evaluate the type of resistance and adopt a reasonable response in order to accomplish the law enforcement mission (such as dispersal or arrest of those acting in violation of the law). Control devices and conducted energy devices should be considered only when the participants' conduct reasonably appears to present the potential to harm officers, themselves or others, or will result in substantial property loss or damage (see the Control Devices and Techniques and the Conducted Energy Device policies). Copyright Lexipol, LLC 2024/03/28, All Rights Reserved. First Amendment Assemblies - 425 Published with permission by Benicia Police Department Benicia Police Department Benicia PD Policy Manual Benicia PD Policy Manual First Amendment Assemblies Force or control devices, including oleoresin capsaicin (OC), should be directed toward individuals and not toward groups or crowds, unless specific individuals cannot reasonably be targeted due to extreme circumstances, such as a riotous crowd. Any use of force by a member of this [department/office] shall be documented promptly, completely, and accurately in an appropriate report. The type of report required may depend on the nature of the incident. 467.8 ARRESTS The Benicia Police Department should respond to unlawful behavior in a manner that is consistent with the operational plan. If practicable, warnings or advisements should be communicated prior to arrest. Mass arrests should be employed only when alternate tactics and strategies have been, or reasonably appear likely to be, unsuccessful. Mass arrests shall only be undertaken upon the order of the Incident Commander or the authorized designee. There must be probable cause for each arrest. If employed, mass arrest protocols should fully integrate: (a) Reasonable measures to address the safety of officers and arrestees. (b) Dedicated arrest, booking and report writing teams. (c) Timely access to medical care. (d) Timely access to legal resources. (e) Timely processing of arrestees. (f) Full accountability for arrestees and evidence. (g) Coordination and cooperation with the prosecuting authority, jail and courts (see the Cite and Release Policy). 467.9 MEDIA RELATIONS The Public Information Officer should use all available avenues of communication, including press releases, briefings, press conferences, and social media to maintain open channels of communication with media representatives and the public about the status and progress of the event, taking all opportunities to reassure the public about the professional management of the event (see the Media Relations Policy). 467.9.1 MEDIA ACCESS If officers close the immediate area surrounding any emergency field command post or any other command post, or establish a police line, or rolling closure at a demonstration, march, protest, or rally where individuals are engaged in a protected activity pursuant to the First Amendment, officers shall comply with the requirements of Penal Code § 409.7 relating to media access (i.e., access to closed areas, obtaining information) (Penal Code § 409.7). Copyright Lexipol, LLC 2024/03/28, All Rights Reserved. First Amendment Assemblies - 426 Published with permission by Benicia Police Department Benicia Police Department Benicia PD Policy Manual Benicia PD Policy Manual First Amendment Assemblies 467.10 DEMOBILIZATION When appropriate, the Incident Commander or the authorized designee should implement a phased and orderly withdrawal of law enforcement resources. All relieved personnel should promptly complete any required reports, including use of force reports, and account for all issued equipment and vehicles to their supervisors prior to returning to normal operational duties. 467.11 POST EVENT The Incident Commander should designate a member to assemble full documentation of the event, to include the following: (a) Operational plan (b) Any incident logs (c) Any assignment logs (d) Vehicle, fuel, equipment and supply records (e) Incident, arrest, use of force, injury and property damage reports (f) Photographs, audio/video recordings, Dispatch records/tapes (g) Media accounts (print and broadcast media) 467.11.1 AFTER-ACTION REPORTING The Incident Commander should work with City legal counsel, as appropriate, to prepare a comprehensive after-action report of the event, explaining all incidents where force was used including the following: (a) Date, time and description of the event (b) Actions taken and outcomes (e.g., injuries, property damage, arrests) (c) Problems identified (d) Significant events (e) Recommendations for improvement; opportunities for training should be documented in a generic manner, without identifying individuals or specific incidents, facts or circumstances. 467.12 TRAINING [Department/Office] members should receive periodic training regarding this policy, as well as the dynamics of crowd control and incident management (Penal Code § 13514.5). The [Department/ Office] should, when practicable, train with its external and mutual aid partners. Officers should also receive periodic training on the standards for the use of kinetic energy projectiles and chemical agents for crowd control purposes as identified in Penal Code § 13652. 467.13 USE OF KINETIC ENERGY PROJECTILES AND CHEMICAL AGENTS FOR CROWD CONTROL Kinetic energy projectiles and chemical agents for crowd control purposes shall only be deployed by officers who have received POST training for crowd control if the use is objectively reasonable Copyright Lexipol, LLC 2024/03/28, All Rights Reserved. First Amendment Assemblies - 427 Published with permission by Benicia Police Department Benicia Police Department Benicia PD Policy Manual Benicia PD Policy Manual First Amendment Assemblies to defend against a threat to life or serious bodily injury to any individual, including an officer, or to bring an objectively dangerous and unlawful situation safely and effectively under control and in accordance with the following requirements of Penal Code § 13652. (a) De-escalation techniques or other alternatives to force have been attempted, when objectively reasonable, and have failed. (b) Repeated, audible announcements are made announcing the intent to use kinetic energy projectiles and chemical agents and the type to be used, when objectively reasonable to do so. The announcements shall be made from various locations, if necessary, and delivered in multiple languages, if appropriate. (c) Individuals are given an objectively reasonable opportunity to disperse and leave the scene. (d) An objectively reasonable effort has been made to identify individuals engaged in violent acts and those who are not, and kinetic energy projectiles or chemical agents are targeted toward those individuals engaged in violent acts. Projectiles shall not be aimed indiscriminately into a crowd or group of individuals. (e) Kinetic energy projectiles and chemical agents are used only with the frequency, intensity, and in a manner that is proportional to the threat and objectively reasonable. (f) Officers shall minimize the possible incidental impact of their use of kinetic energy projectiles and chemical agents on bystanders, medical personnel, journalists, or other unintended targets. (g) An objectively reasonable effort has been made to extract individuals in distress. (h) Medical assistance is promptly provided, if properly trained personnel are present, or procured, for injured persons, when it is reasonable and safe to do so. (i) Kinetic energy projectiles shall not be aimed at the head, neck, or any other vital organs. (j) Kinetic energy projectiles or chemical agents shall not be used solely due to any of the following: 1. A violation of an imposed curfew. 2. A verbal threat. 3. Noncompliance with a law enforcement directive. (k) If the chemical agent to be deployed is tear gas, only an Incident Commander at the scene of the assembly, protest, or demonstration may authorize its use. 467.13.1 USE SUMMARY The Patrol Division Commander or the authorized designee should ensure that a summary of each deployment of kinetic energy projectiles or chemical agents for crowd control purposes is prepared and published on the [department/office] website within 60 days of each incident. The time frame may be extended for another 30 days where just cause is demonstrated, but no longer than 90 days from the time of the incident. The summary shall be limited to the information known Copyright Lexipol, LLC 2024/03/28, All Rights Reserved. First Amendment Assemblies - 428 Published with permission by Benicia Police Department Benicia Police Department Benicia PD Policy Manual Benicia PD Policy Manual First Amendment Assemblies to the [Department/Office] at the time of the report and include the information required in Penal Code § 13652.1. 467.14 ANTI-REPRODUCTIVE RIGHTS CALLS Officer response to public assemblies or demonstrations relating to anti-reproductive rights should be consistent with this policy (Penal Code § 13778.1). Copyright Lexipol, LLC 2024/03/28, All Rights Reserved. First Amendment Assemblies - 429 Published with permission by Benicia Police Department Policy Benicia Police Department 468 Benicia PD Policy Manual Civil Disputes 468.1 PURPOSE AND SCOPE This policy provides members of the Benicia Police Department with guidance for addressing conflicts between persons when no criminal investigation or enforcement action is warranted (e.g., civil matters), with the goal of minimizing any potential for violence or criminal acts. The Domestic Violence Policy will address specific legal mandates related to domestic violence court orders. References in this policy to “court orders” apply to any order of a court that does not require arrest or enforcement by the terms of the order or by California law. 468.2 POLICY The Benicia Police Department recognizes that a law enforcement presence at a civil dispute can play an important role in the peace and safety of the community. Subject to available resources, members of this department will assist at the scene of civil disputes with the primary goal of safeguarding persons and property, preventing criminal activity and maintaining the peace. When handling civil disputes, members will remain impartial, maintain a calm presence, give consideration to all sides and refrain from giving legal or inappropriate advice. 468.3 GENERAL CONSIDERATIONS When appropriate, members handling a civil dispute should encourage the involved parties to seek the assistance of resolution services or take the matter to the civil courts. Members must not become personally involved in disputes and shall at all times remain impartial. While not intended to be an exhaustive list, members should give considerations to the following when handling civil disputes: (a) Civil disputes tend to be confrontational and members should be alert that they can escalate to violence very quickly. De-escalation techniques should be used when appropriate. (b) Members should not dismiss alleged or observed criminal violations as a civil matter and should initiate the appropriate investigation and report when criminal activity is apparent. (c) Members shall not provide legal advice, however, when appropriate, members should inform the parties when they are at risk of violating criminal laws. (d) Members are reminded that they shall not enter a residence or other non-public location without legal authority including valid consent. (e) Members should not take an unreasonable amount of time assisting in these matters and generally should contact a supervisor if it appears that peacekeeping efforts longer than 30 minutes are warranted. 468.4 COURT ORDERS Disputes involving court orders can be complex. Where no mandate exists for an officer to make an arrest for a violation of a court order, the matter should be addressed by documenting any apparent Copyright Lexipol, LLC 2024/03/28, All Rights Reserved. Civil Disputes - 430 Published with permission by Benicia Police Department Benicia Police Department Benicia PD Policy Manual Benicia PD Policy Manual Civil Disputes court order violation in a report. If there appears to be a more immediate need for enforcement action, the investigating officer should consult a supervisor prior to making any arrest. If a person appears to be violating the terms of a court order but is disputing the validity of the order or its applicability, the investigating officer should document the following: (a) The person’s knowledge of the court order or whether proof of service exists. (b) Any specific reason or rationale the involved person offers for not complying with the terms of the order. A copy of the court order should be attached to the report when available. The report should be forwarded to the appropriate prosecutor. The report should also be forwarded to the court issuing the order with a notice that the report was also forwarded to the prosecutor for review. 468.4.1 STANDBY REQUESTS Officer responding to a call for standby assistance to retrieve property should meet the person requesting assistance at a neutral location to discuss the process. The person should be advised that items that are disputed will not be allowed to be removed. The member may advise the person to seek private legal advice as to the distribution of disputed property. Members should accompany the person to the location of the property. Members should ask if the other party will allow removal of the property or whether the other party would remove the property. If the other party is uncooperative, the person requesting standby assistance should be instructed to seek private legal advice and obtain a court order to obtain the items. Officers should not order the other party to allow entry or the removal of any items. If there is a restraining or similar order against the person requesting standby assistance, that person should be asked to leave the scene or they may be subject to arrest for violation of the order. If the other party is not present at the location, the member will not allow entry into the location or the removal of property from the location. 468.5 VEHICLES AND PERSONAL PROPERTY Officers may be faced with disputes regarding possession or ownership of vehicles or other personal property. Officers may review documents provided by parties or available databases (e.g., vehicle registration), but should be aware that legal possession of vehicles or personal property can be complex. Generally, officers should not take any enforcement action unless a crime is apparent. The people and the vehicle or personal property involved should be identified and the incident documented. 468.6 REAL PROPERTY Disputes over possession or occupancy of real property (e.g., land, homes, apartments) should generally be handled through a person seeking a court order. Copyright Lexipol, LLC 2024/03/28, All Rights Reserved. Civil Disputes - 431 Published with permission by Benicia Police Department Policy Benicia Police Department 469 Benicia PD Policy Manual Medical Aid and Response 469.1 PURPOSE AND SCOPE This policy recognizes that members often encounter persons in need of medical aid and establishes a law enforcement response to such situations. 469.2 POLICY It is the policy of the Benicia Police Department that all officers and other designated members be trained to provide emergency medical aid and to facilitate an emergency medical response. 469.3 FIRST RESPONDING MEMBER RESPONSIBILITIES Whenever practicable, members should take appropriate steps to provide initial medical aid (e.g., first aid, CPR, use of an automated external defibrillator (AED)) in accordance with their training and current certification levels. This should be done for those in need of immediate care and only when the member can safely do so. Prior to initiating medical aid, the member should contact Dispatch and request response by Emergency Medical Services (EMS) as the member deems appropriate. Members should follow universal precautions when providing medical aid, such as wearing gloves and avoiding contact with bodily fluids, consistent with the Communicable Diseases Policy. Members should use a barrier or bag device to perform rescue breathing. When requesting EMS, the member should provide Dispatch with information for relay to EMS personnel in order to enable an appropriate response, including: (a) The location where EMS is needed. (b) The nature of the incident. (c) Any known scene hazards. (d) Information on the person in need of EMS, such as: 1. Signs and symptoms as observed by the member. 2. Changes in apparent condition. 3. Number of patients, sex, and age, if known. 4. Whether the person is conscious, breathing, and alert, or is believed to have consumed drugs or alcohol. 5. Whether the person is showing signs or symptoms of extreme agitation or is engaging in violent irrational behavior accompanied by profuse sweating, extraordinary strength beyond their physical characteristics, and imperviousness to pain. Members should stabilize the scene whenever practicable while awaiting the arrival of EMS. Members should not direct EMS personnel whether to transport the person for treatment. Copyright Lexipol, LLC 2024/03/28, All Rights Reserved. Medical Aid and Response - 432 Published with permission by Benicia Police Department Benicia Police Department Benicia PD Policy Manual Benicia PD Policy Manual Medical Aid and Response 469.4 TRANSPORTING ILL AND INJURED PERSONS Except in extraordinary cases where alternatives are not reasonably available, members should not transport persons who are unconscious, who have serious injuries or who may be seriously ill. EMS personnel should be called to handle patient transportation. Officers should search any person who is in custody before releasing that person to EMS for transport. An officer should accompany any person in custody during transport in an ambulance when requested by EMS personnel, when it reasonably appears necessary to provide security, when it is necessary for investigative purposes or when so directed by a supervisor. Members should not provide emergency escort for medical transport or civilian vehicles. 469.5 PERSONS REFUSING EMS CARE If a person who is not in custody refuses EMS care or refuses to be transported to a medical facility, an officer shall not force that person to receive care or be transported. However, members may assist EMS personnel when EMS personnel determine the person lacks mental capacity to understand the consequences of refusing medical care or to make an informed decision and the lack of immediate medical attention may result in serious bodily injury or the death of the person. In cases where mental illness may be a factor, the officer should consider proceeding with a 72- hour treatment and evaluation commitment (5150 commitment) process in accordance with the Mental Illness Commitments Policy. If an officer believes that a person who is in custody requires EMS care and the person refuses, he/she should encourage the person to receive medical treatment. The officer may also consider contacting a family member to help persuade the person to agree to treatment or who may be able to authorize treatment for the person. If the person who is in custody still refuses, the officer will require the person to be transported to the nearest medical facility. In such cases, the officer should consult with a supervisor prior to the transport. Members shall not sign refusal-for-treatment forms or forms accepting financial responsibility for treatment. 469.6 MEDICAL ATTENTION RELATED TO USE OF FORCE Specific guidelines for medical attention for injuries sustained from a use of force may be found in the Use of Force, Handcuffing and Restraints, Control Devices and Techniques, and Conducted Energy Device policies. 469.7 AUTOMATED EXTERNAL DEFIBRILLATOR (AED) USE A member may use an AED only after receiving appropriate training from an approved public safety first aid and CPR course (22 CCR 100014; 22 CCR 100017; 22 CCR 100018). Copyright Lexipol, LLC 2024/03/28, All Rights Reserved. Medical Aid and Response - 433 Published with permission by Benicia Police Department Benicia Police Department Benicia PD Policy Manual Benicia PD Policy Manual Medical Aid and Response 469.7.1 AED USER RESPONSIBILITY Members who are issued AEDs for use in [department/office] vehicles should check the AED at the beginning of the shift to ensure it is properly charged and functioning. Any AED that is not functioning properly will be taken out of service and given to the Training Sergeant who is responsible for ensuring appropriate maintenance. Following use of an AED, the device shall be cleaned and/or decontaminated as required. The electrodes and/or pads will be replaced as recommended by the AED manufacturer. Any member who uses an AED should contact Dispatch as soon as possible and request response by EMS. 469.7.2 AED REPORTING Any member using an AED will complete an incident report detailing its use. 469.7.3 AED TRAINING AND MAINTENANCE The Training Sergeant should ensure appropriate training and refresher training is provided to members authorized to use an AED. A list of authorized members and training records shall be made available for inspection by the local EMS agency (LEMSA) or EMS authority upon request (22 CCR 100021; 22 CCR 100022; 22 CCR 100029). The Training Sergeant is responsible for ensuring AED devices are appropriately maintained and will retain records of all maintenance in accordance with the established records retention schedule (22 CCR 100021). 469.8 ADMINISTRATION OF OPIOID OVERDOSE MEDICATION Trained members may administer opioid overdose medication (Civil Code § 1714.22; Business and Professions Code § 4119.9). 469.8.1 OPIOID OVERDOSE MEDICATION USER RESPONSIBILITIES Members who are qualified to administer opioid overdose medication, such as naloxone, should handle, store and administer the medication consistent with their training. Members should check the medication and associated administration equipment at the beginning of their shift to ensure they are serviceable and not expired. Any expired medication or unserviceable administration equipment should be removed from service and given to the Training Sergeant. Any member who administers an opioid overdose medication should contact Dispatch as soon as possible and request response by EMS. 469.8.2 OPIOID OVERDOSE MEDICATION REPORTING Any member administering opioid overdose medication should detail its use in an appropriate report. The Training Sergeant will ensure that the Services Division Lieutenant is provided enough information to meet applicable state reporting requirements. Copyright Lexipol, LLC 2024/03/28, All Rights Reserved. Medical Aid and Response - 434 Published with permission by Benicia Police Department Benicia Police Department Benicia PD Policy Manual Benicia PD Policy Manual Medical Aid and Response 469.8.3 OPIOID OVERDOSE MEDICATION TRAINING The Training Sergeant should ensure initial and refresher training is provided to members authorized to administer opioid overdose medication. Training should be coordinated with the local health department and comply with the requirements in 22 CCR 100019 and any applicable POST standards (Civil Code § 1714.22). 469.8.4 DESTRUCTION OF OPIOID OVERDOSE MEDICATION The Training Sergeant shall ensure the destruction of any expired opioid overdose medication (Business and Professions Code § 4119.9). 469.8.5 OPIOID OVERDOSE MEDICATION RECORD MANAGEMENT Records regarding acquisition and disposition of opioid overdose medications shall be maintained and retained in accordance with the established records retention schedule and at a minimum of three years from the date the record was created (Business and Professions Code § 4119.9). 469.9 SECTION TITLE 469.10 SICK OR INJURED ARRESTEE If an arrestee appears ill or injured, or claims illness or injury, he/she should be medically cleared prior to booking. If the officer has reason to believe the arrestee is feigning injury or illness, the officer should contact a supervisor, who will determine whether medical clearance will be obtained prior to booking. If the jail or detention facility refuses to accept custody of an arrestee based on medical screening, the officer should note the name of the facility person refusing to accept custody and the reason for refusal, and should notify a supervisor to determine the appropriate action. Arrestees who appear to have a serious medical issue should be transported by ambulance. Officers shall not transport an arrestee to a hospital without a supervisor’s approval. Nothing in this section should delay an officer from requesting EMS when an arrestee reasonably appears to be exhibiting symptoms that appear to be life threatening, including breathing problems or an altered level of consciousness, or is claiming an illness or injury that reasonably warrants an EMS response in accordance with the officer’s training. 469.11 FIRST AID TRAINING The Training Sergeant should ensure officers receive initial first aid training within one year of employment and refresher training every two years thereafter (22 CCR 100016; 22 CCR 100022). Copyright Lexipol, LLC 2024/03/28, All Rights Reserved. Medical Aid and Response - 435 Published with permission by Benicia Police Department Policy Benicia Police Department 470 Benicia PD Policy Manual Automated License Plate Readers (ALPRs) 470.1 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. 470.2 POLICY The policy of the Benicia 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/office]. Because such data may contain confidential information, it is not open to public review. 470.3 ADMINISTRATION The ALPR technology, also known as License Plate Recognition (LPR), allows for the automated detection of license plates along with the vehicle make, model, color and unique identifiers through the Benicia Police Department’s ALPR’s system and the vendor’s vehicle identification technology. The technology is used by the Benicia Police Department to convert data associated with vehicle license plates and vehicle descriptions 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, 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 Department Information Technology Analyst and Records Supervisor. The Department Information Technology Manager will assign members under his/her command to administer the day-to-day operation of the ALPR equipment and data. 470.3.1 ALPR ADMINISTRATOR The Services Division Commander shall be responsible for developing guidelines and procedures to comply with the requirements of Civil Code § 1798.90.5 et seq. This includes, but is not limited to (Civil Code § 1798.90.51; Civil Code § 1798.90.53): (a) A description of the job title or other designation of the members 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 Civil Code § 1798.90.52. (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. Copyright Lexipol, LLC 2024/03/28, All Rights Reserved. Automated License Plate Readers (ALPRs) - Published with permission by Benicia Police Department 436 Benicia Police Department Benicia PD Policy Manual Benicia PD Policy Manual Automated License Plate Readers (ALPRs) (g) Ensuring this policy and related procedures are conspicuously posted on the [department/office]’s website. 470.4 OPERATIONS Use of an ALPR is restricted to the purposes outlined below. [Department/Office] members shall not use, or allow others to use the equipment or database records for any unauthorized purpose (Civil Code § 1798.90.51; Civil Code § 1798.90.53). (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/office] shall operate ALPR equipment or access ALPR data without first completing [department/office]-approved training. (e) No ALPR operator may access [department/office], 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. 470.5 DATA COLLECTION AND RETENTION The 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/office] procedures. All ALPR data downloaded to the server should be stored for a minimum of one year 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. 470.6 ACCOUNTABILITY All data will be closely safeguarded and protected by both procedural and technological means. The Benicia Police Department will observe the following safeguards regarding access to and use of stored data (Civil Code § 1798.90.51; Civil Code § 1798.90.53): Copyright Lexipol, LLC 2024/03/28, All Rights Reserved. Automated License Plate Readers (ALPRs) - Published with permission by Benicia Police Department 437 Benicia Police Department Benicia PD Policy Manual Benicia PD Policy Manual Automated License Plate Readers (ALPRs) (a) 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 (Civil Code § 1798.90.52). (b) Members 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/office]-related civil or administrative action. (c) ALPR system audits should be conducted on a regular basis. For security or data breaches, see the Records Release and Maintenance Policy. 470.7 RELEASING ALPR DATA The ALPR data may be shared only with other law enforcement or prosecutorial agencies for official law enforcement purposes or as otherwise permitted by law, using the following procedures: (a) The agency makes a written request for the ALPR data that includes: 1. The name of the agency. 2. The name of the person requesting. 3. The intended purpose of obtaining the information. (b) The request is reviewed by the Services Division Commander or the authorized designee and approved before the request is fulfilled. (c) The approved request is retained on file. (d) A supervisor at the requesting agency will sign an acknowledgement letter stating that the shared data will only be used for the purposes that are aligned with the Benicia Police Department's policy. The Benicia Police Department does not permit the sharing of ALPR data gathered by the City or its contractors/subcontractors for purpose of reproductive health care investigations; federal immigration enforcement, these federal immigration agencies include Immigrations and Customs Enforcement (ICE) and Customs and Border Patrol (CPB). (e) The signed letter is retained on file. Requests for ALPR data by non-law enforcement or non-prosecutorial agencies will be processed as provided in the Records Maintenance and Release Policy (Civil Code § 1798.90.55). Requests for ALPR data by non-law enforcement or non-prosecutorial agencies will be processed as provided in the Records Maintenance and Release Policy (Civil Code § 1798.90.55). 470.8 TRAINING The Training Managershould ensure that members receive department-approved training for those authorized to use or access the ALPR system (Civil Code § 1798.90.51; Civil Code § 1798.90.53). Copyright Lexipol, LLC 2024/03/28, All Rights Reserved. Automated License Plate Readers (ALPRs) - Published with permission by Benicia Police Department 438 Benicia Police Department Benicia PD Policy Manual Chapter 5 - Traffic Operations Copyright Lexipol, LLC 2024/03/28, All Rights Reserved. Traffic Operations - 439 Published with permission by Benicia Police Department Policy Benicia Police Department 500 Benicia PD Policy Manual Traffic Function and Responsibility 500.1 PURPOSE AND SCOPE The ultimate goal of traffic law enforcement is to reduce traffic collisions. This may be achieved through the application of such techniques as geographic/temporal assignment of personnel and equipment and the establishment of preventive patrols to deal with specific categories of unlawful driving behavior. Traffic enforcement techniques are based on accident data, enforcement activity records, traffic volume, and traffic conditions. This department provides enforcement efforts toward violations, not only in proportion to the frequency of their occurrence in accident situations, but also in terms of traffic-related needs. 500.2 TRAFFIC OFFICER DEPLOYMENT Several factors are considered in the development of deployment schedules for officers of the Benicia Police Department. Information provided by the California Statewide Integrated Traffic Reporting System (SWITRS) is a valuable resource for traffic accident occurrences and therefore officer deployment. Some of the factors for analysis include: • Location • Time • Day • Violation factors All officers assigned to patrol or traffic enforcement functions will emphasize enforcement of accident causing violations during high accident hours and at locations of occurrence. All officers will take directed enforcement action on request, and random enforcement action when appropriate against violators as a matter of routine. All officers shall maintain high visibility while working general enforcement, especially at high accident locations. Other factors to be considered for deployment are requests from the public, construction zones or special events. 500.3 ENFORCEMENT Enforcement actions are commensurate with applicable laws and take into account the degree and severity of the violation committed. This department does not establish ticket quotas and the number of arrests or citations issued by any officer shall not be used as the sole criterion for evaluating officer overall performance (Vehicle Code § 41603). The visibility and quality of an officer’s work effort will be commensurate with the philosophy of this policy. Several methods are effective in the reduction of collisions: 500.3.1 WARNINGS Warnings or other non-punitive enforcement actions should be considered in each situation and substituted for arrests or citations when circumstances warrant, especially in the case of inadvertent violations. Copyright Lexipol, LLC 2024/03/28, All Rights Reserved. Traffic Function and Responsibility - 440 Published with permission by Benicia Police Department Benicia Police Department Benicia PD Policy Manual Benicia PD Policy Manual Traffic Function and Responsibility 500.3.2 CITATIONS Citations may be issued when an officer believes it is appropriate. It is essential that officers fully explain the rights and requirements imposed on motorists upon issuance of a citation for a traffic violation. Officers should provide the following information at a minimum: (a) Explanation of the violation or charge (b) Court appearance procedure including the optional or mandatory appearance by the motorist (c) Notice of whether the motorist can enter a plea and pay the fine by mail or at the court 500.3.3 PHYSICAL ARREST Physical arrest can be made on a number of criminal traffic offenses outlined in the Vehicle Code or Penal Code. These physical arrest cases usually deal with, but are not limited to: (a) Vehicular manslaughter (b) Felony and misdemeanor driving under the influence of alcohol/drugs (c) Felony or misdemeanor hit-and-run (d) Refusal to sign notice to appear (e) Any other misdemeanor at the discretion of the officer, such as reckless driving with extenuating circumstances 500.4 SUSPENDED OR REVOKED DRIVERS LICENSES If an officer contacts a traffic violator for driving on a suspended or revoked license, the officer may issue a traffic citation pursuant to Vehicle Code § 14601. If a computer check of a traffic violator's license status reveals a suspended or revoked driver license and the traffic violator still has his or her license in possession, the license shall be seized by the officer. The officer shall verbally advise the traffic violator of the suspension or revocation and issue the citation. The officer will be responsible for filling out the Verbal Notice form (DMV form DL-310) and causing that form and license to be forwarded to the Department of Motor Vehicles. 500.5 HIGH-VISIBILITY VESTS The Department has provided American National Standards Institute (ANSI) Class II high-visibility vests to increase the visibility of department members who may be exposed to hazards presented by passing traffic, maneuvering or operating vehicles, machinery and equipment (23 CFR 655.601; 8 CCR 1598). Although intended primarily for use while performing traffic related assignments, high-visibility vests should be worn at any time increased visibility would improve the safety or efficiency of the member. Copyright Lexipol, LLC 2024/03/28, All Rights Reserved. Traffic Function and Responsibility - 441 Published with permission by Benicia Police Department Benicia Police Department Benicia PD Policy Manual Benicia PD Policy Manual Traffic Function and Responsibility 500.5.1 REQUIRED USE Except when working in a potentially adversarial or confrontational role, such as during vehicle stops, high-visibility vests should be worn at any time it is anticipated that an employee will be exposed to the hazards of approaching traffic or construction and recovery equipment. Examples of when high-visibility vests should be worn include traffic control duties, accident investigations, lane closures and while at disaster scenes, or anytime high visibility is desirable. When emergency conditions preclude the immediate donning of the vest, officers should retrieve and wear the vest as soon as conditions reasonably permit. Use of the vests shall also be mandatory when directed by a supervisor. Vests maintained in the investigation units may be used any time a plainclothes officer might benefit from being readily identified as a member of law enforcement. 500.5.2 CARE AND STORAGE OF HIGH-VISIBILITY VESTS High-visibility vests shall be maintained in the trunk of each patrol and investigation unit, in the side box of each police motorcycle and in the saddlebag or gear bag of each police bicycle. Each vest should be stored inside the re-sealable plastic bag provided to protect and maintain the vest in a serviceable condition. Before going into service each employee shall ensure a serviceable high-visibility vest is properly stored. A supply of high-visibility vests will be maintained in the equipment room for replacement of damaged or unserviceable vests. The Training Sergeant should be promptly notified whenever the supply of vests in the equipment room needs replenishing. Copyright Lexipol, LLC 2024/03/28, All Rights Reserved. Traffic Function and Responsibility - 442 Published with permission by Benicia Police Department Policy Benicia Police Department 501 Benicia PD Policy Manual Traffic Motorcycle Units 501.1 PURPOSE AND SCOPE The purpose of this policy is to establish guidelines and responsibilities for those members of the Benicia Police Department Traffic Unit assigned as Traffic Motorcycle Officers 501.1.1 ENFORCEMENT Citations shall be issued in accordance with §500.3. In accordance with the Benicia Police Department's Community Policing philosophy, motor officers may work with specific community groups, individuals, outside agencies and other City divisions to identify problem traffic locations and problems. Motor officers will seek to find long term solutions to these problems. Specialized enforcement may be a component of these community policing solutions. 501.1.2 FREEWAYS Unless directed by a supervisor, motorcycle officers are discouraged from routinely patrolling freeways for the purpose of taking enforcement action. 501.2 TRAINING All personnel selected for a motorcycle assignment must successfully pass a Department approved pre-training program, graduate from a POST certified motorcycle academy, or equivalent, pass a Department approved field training program, and continually display the ability to safely operate a police motorcycle. Additionally, motorcycle officers must possess a valid class M driver's license throughout the duration of their assignment. The traffic team supervisor is responsible for ensuring that all motorcycle officers complete four hours of monthly training. Failure to meet the performance standards or any of the aforementioned training will result, at the discretion of the Patrol Lieutenant, remedial training and/or reassignment within the Traffic Unit or the Patrol Division. The traffic team supervisor will ensure that all pre-training, FTO training, and monthly training is documented and that all training forms are submitted to the Training Sergeant. 501.2.1 RECERTIFICATION Personnel that have left the motorcycle program for less than two years, will be evaluated by a POST certified motorcycle instructor, or equivalent, and will be required to successfully pass a training plan authorized by the Patrol Lieutenant. Personnel that have left the motorcycle program for a period greater than two years may be required to successfully complete the entire training program prior to re-assignment to the motor unit 501.2.2 SAFETY Traffic officers will not operate a motorcycle without properly wearing an authorized helmet, boots, gloves, non-mirrored safety glasses, and an authorized uniform. Due to the inherent dangers of riding a motorcycle and the effect fatigue may have on the its safe operation, motorcycle officers Copyright Lexipol, LLC 2024/03/28, All Rights Reserved. Traffic Motorcycle Units - 443 Published with permission by Benicia Police Department Benicia Police Department Benicia PD Policy Manual Benicia PD Policy Manual Traffic Motorcycle Units should constantly evaluate their ability to ride safely. Frequent breaks should be taken, taking into account all factors contributing to fatigue including but not limited to the length of the shift and the weather conditions. It is the responsibility of the officer to monitor their readiness to ride a motorcycle at all times. Alternate means of transportation will be made available should fatigue prevent the officer from riding his assigned motorcycle at any time, including to and from work. Motorcycle officers will not routinely drive on sidewalks or on unpaved surfaces unless required at a special event, during authorized training or unless directed by a traffic supervisor for a specific purpose and time period. Traffic officers may stop or park in red zones and other restricted areas while monitoring roadways for traffic violations if they do not create an unreasonable risk for the safety of the officer or the public. 501.3 TAKE HOME MOTORCYCLES Motorcycle Traffic Officers are authorized to drive assigned motorcycles directly to their residence at the conclusion of his/her shift and to drive the assigned motorcycle from that location directly to his/her assigned work location under the following conditions: (a) The Patrol Unit Lieutenant has the authority to approve or deny any request for a take home motorcycle for any reason; (b) Authorized Officers may travel only to and from their residence and on-duty assignment. On- duty assignments may include, but are not limited to: 1. Any uniformed work assignment; 2. Court; 3. Range; 4. Emergency call backs; 5. Training assignments within close proximity of Benicia; 6. Any assignment approved by a Traffic Unit Supervisor. 501.3.1 TAKE HOME MOTORCYCLE "ON CALL" Motorcycle Traffic Officers with take home motorcycles shall be subject to "call back" to work for major events, emergencies, and/or disasters. A Supervisor may authorize the "call back" of a Motorcycle Traffic Officer in the event of a major or fatal traffic collision 501.3.2 RESPONSIBILITIES Motorcycle Traffic Officers with take home motorcycles shall be in full uniform and shall monitor the Benicia Police Department radio frequency while traveling to and from the work site. In accordance with Section §520 of this Policy Manual, Motorcycle Traffic Officers traveling to and from the work site should render assistance at collision scenes, road hazards, or disabled vehicles as necessary. Motorcycle Officers will not take enforcement action to/from work unless it is an extreme emergency. Copyright Lexipol, LLC 2024/03/28, All Rights Reserved. Traffic Motorcycle Units - 444 Published with permission by Benicia Police Department Benicia Police Department Benicia PD Policy Manual Benicia PD Policy Manual Traffic Motorcycle Units Take home motorcycles shall be stored in an enclosed locked facility. Under no circumstances will a take home motorcycle be used for personal business 501.4 UPKEEP AND MAINTENANCE In accordance with the guidelines of the Federal Fair Labor and Standards Act (FLSA); the Traffic Unit Supervisor shall insure that each Officer assigned a take home motorcycle is provided ample time on duty weekly to maintain his/her motorcycle in a clean, serviceable condition. Such on duty cleaning and maintenance time may be provided at the beginning or end of the shift at the discretion of the Traffic Unit Supervisor. Overtime is not authorized for the maintenance and upkeep of take home motorcycles without prior supervisory approval in accordance with section §1038 of this policy manual 501.4.1 RESPONSIBILITIES Each motorcycle officer is responsible for: (a) Daily check of tire wear and proper tire inflation; (b) Daily checks of lighting and emergency systems; (c) Adequate lubrication and routine servicing; (d) Weekly check of proper oil level in the transmission and oil reservoir; (e) Weekly cleaning of the motorcycle while on-duty; (f) Immediate notification to a traffic supervisor of any suspected mechanical or safety problem with the motorcycle; (g) Motorcycles shall not be modified from the original specifications and no parts or accessories will be removed, added, or changed, except for routine maintenance, without the written approval of the Patrol Lieutenant 501.5 INCLEMENT WEATHER During periods of inclement weather, authorized Officers will supply their own transportation to and from their assigned shift/workplace. If Officers have driven assigned motorcycle's to their workplace and during his/her shift weather changes dictate that riding the motorcycle have become unsafe or impractical, officers will be responsible for arranging their own transportation home. 501.6 EMERGENCY RESPONSE/PURSUIT DRIVING In the event a motorcycle unit is involced in an emergency repsonse, that unit will be operated with emergency pursuit lights and siren activated. Officers involved in an emergency response/ pursuit must comply with the Benicia Police Department Vehicle Pursuit Policy (BPD Policy #314) A motorcycle shall relinquish the pursuit to a patrol unit when the patrol unit has joined in and taken over the pursuit. Copyright Lexipol, LLC 2024/03/28, All Rights Reserved. Traffic Motorcycle Units - 445 Published with permission by Benicia Police Department Policy Benicia Police Department 502 Benicia PD Policy Manual Traffic Collision Reporting 502.1 PURPOSE AND SCOPE The Benicia Police Department prepares traffic collision reports in compliance with the California Highway Patrol Collision Investigation Manual (CIM) and as a public service makes traffic collision reports available to the community with some exceptions. 502.2 RESPONSIBILITY The Administrative Sergeant will be responsible for distribution of the Collision Investigation Manual. The Administrative Sergeant will receive all changes in the state manual and ensure conformity with this policy. 502.3 TRAFFIC COLLISION REPORTING All traffic collision reports taken by members of this department shall be forwarded to the supervisor for approval. The Records Section will be responsible for data entry into the Record Management System, monthly and quarterly reports on traffic collision statistics to be forwarded to the Patrol Division Commander, or other persons as required. 502.4 REPORTING SITUATIONS 502.4.1 TRAFFIC COLLISIONS INVOLVING CITY VEHICLES Traffic collision investigation reports shall be taken when a City-owned vehicle is involved in a traffic collision upon a roadway or highway wherein any damage or injury results. A general information report may be taken in lieu of a traffic collision report (CHP 555 form) at the direction of a supervisor when the collision occurs on private property or does not involve another vehicle. Whenever there is damage to a department vehicle not caused by a traffic collision, a Vehicle Damage Report shall be completed and forwarded to the appropriate Division Commander. Photographs of the collision scene and vehicle damage shall be taken. 502.4.2 TRAFFIC COLLISIONS WITH POLICE DEPARTMENT EMPLOYEES When an employee of this department, either on-duty or off-duty, is involved in a traffic collision within the jurisdiction of the Benicia Police Department resulting in a serious injury or fatality, the Administrative Sergeant or the Supervisor, may notify the California Highway Patrol for assistance. The term serious injury is defined as any injury that may result in a fatality. 502.4.3 TRAFFIC COLLISIONS WITH OTHER CITY EMPLOYEES OR OFFICIALS The Administrative Sergeant or on-duty Supervisor may request assistance from the California Highway Patrol for the investigation of any traffic collision involving any City official or employee where a serious injury or fatality has occurred. Copyright Lexipol, LLC 2024/03/28, All Rights Reserved. Traffic Collision Reporting - 446 Published with permission by Benicia Police Department Benicia Police Department Benicia PD Policy Manual Benicia PD Policy Manual Traffic Collision Reporting 502.4.4 TRAFFIC COLLISIONS ON PRIVATE PROPERTY In compliance with the Collision Investigation Manual, traffic collision reports shall not be taken for traffic collisions occurring on private property unless there is a death or injury to any person involved, a hit-and-run violation, or Vehicle Code violation. An Incident Report may be taken at the discretion of any supervisor. 502.4.5 TRAFFIC COLLISIONS ON ROADWAYS OR HIGHWAYS Traffic collision reports shall be taken when they occur on a roadway or highway within the jurisdiction of this department under any of the following circumstances: (a) Investigative Format: A investigative format will be used in accordance with the C.I.M when there is a death to any person, an injury classified as a severe wound or distorted member likely to become a fatality, felony hit and run, and those accidents involving a city owned vehicle vs. civilian vehicle resulting in a substantial property damage, and accidents involving significant hazardous material spills. (b) Summary Cause Format: A summary Cause Format will be used in accordance with the C.I.M. when there is an injury classified as visible but not severe or mere complaint of pain and not likely to produce a fatality, hit and run with suspects and substantial evidence, collisions involving violations of California Vehicle Code sections 23152 et.al, where there is an identifiable violation of the California Vehicle Code and a complaint will be sought, damage to city property when the driver is known or the identification of the responsible vehicle is possible and collisions involving minor hazardous material spills. (c) Property Damage Only (P.D.O.) Format: A property damage only format will be used in accordance with the C.I.M. when there is property damage only, accidents involving complaint of pain only, hit and run collisions where there are no suspects and a lack of substantial evidence, those identifiable California Vehicle Code section violations where there will not be a complaint sought, all other collisions involving city vehicles, and collisions occurring on private property that do not involve severe injuries, fatalities, or persons suspected of driving under the influence of alcohol, drugs, or narcotics. (d) In addition to the above requirements for taking traffic collision reports, a report shall be completed when it is requested by any of the involved parties. (e) Computer Aided Dispatch (CAD) entries without a traffic collision report are authorized for non-injury traffic collisions upon approval of the Division Commander or the on- duty Supervisor. 502.5 NOTIFICATION OF TRAFFIC BUREAU SUPERVISION In the event of a serious injury or death related traffic collision, the Supervisor shall be notified. Copyright Lexipol, LLC 2024/03/28, All Rights Reserved. Traffic Collision Reporting - 447 Published with permission by Benicia Police Department Policy Benicia Police Department 510 Benicia PD Policy Manual Vehicle Towing and Release 510.1 PURPOSE AND SCOPE This policy provides the procedures for towing a vehicle by or at the direction of the Benicia Police Department. Nothing in this policy shall require the [Department/Office] to tow a vehicle. 510.2 STORAGE AND IMPOUNDS When circumstances permit, for example when towing a vehicle for parking or registration violations, the handling employee should, prior to having the vehicle towed, make a good faith effort to notify the owner of the vehicle that it is subject to removal. This may be accomplished by personal contact, telephone or by leaving a notice attached to the vehicle at least 24 hours prior to removal. If a vehicle presents a hazard, such as being abandoned on the roadway, it may be towed immediately. The responsibilities of those employees towing, storing or impounding a vehicle are listed below. 510.2.1 VEHICLE STORAGE REPORT [Department/Office] members requesting towing, storage, or impound of a vehicle shall complete CHP Form 180 and accurately record the mileage and a description of property within the vehicle (Vehicle Code § 22850). A copy of the storage report should be given to the tow truck operator, and the original shall be submitted to the Records Section as soon as practicable after the vehicle is stored. 510.2.2 REMOVAL FROM TRAFFIC COLLISION SCENES When a vehicle has been involved in a traffic collision and must be removed from the scene, the officer shall have the driver select a towing company, if possible, and shall relay the request for the specified towing company to the dispatcher. When there is no preferred company requested, a company will be selected from the rotational list of towing companies in Dispatch. If the owner is incapacitated, or for any reason it is necessary for the [Department/Office] to assume responsibility for a vehicle involved in a collision, the officer shall request the dispatcher to call the official towing garage for the City of Benicia. The officer will then store the vehicle using a CHP Form 180. 510.2.3 STORAGE AT ARREST SCENES Whenever a person in charge or in control of a vehicle is arrested, it is the policy of this [department/office] to provide reasonable safekeeping by storing the arrestee’s vehicle subject to the exceptions described below. The vehicle, however, shall be stored whenever it is needed for the furtherance of the investigation or prosecution of the case, or when the community caretaker doctrine would reasonably suggest that the vehicle should be stored (e.g., traffic hazard, high- crime area). Copyright Lexipol, LLC 2024/03/28, All Rights Reserved. Vehicle Towing and Release - 448 Published with permission by Benicia Police Department Benicia Police Department Benicia PD Policy Manual Benicia PD Policy Manual Vehicle Towing and Release The following are examples of situations where consideration should be given to leaving a vehicle at the scene in lieu of storing, provided the vehicle can be lawfully parked and left in a reasonably secured and safe condition: • Traffic-related warrant arrest. • Situations where the vehicle was not used to further the offense for which the driver was arrested. • Whenever the licensed owner of the vehicle is present, willing, and able to take control of any vehicle not involved in criminal activity. • Whenever the vehicle otherwise does not need to be stored and the owner requests that it be left at the scene. In such cases, the owner shall be informed that the [Department/Office] will not be responsible for theft or damages. 510.2.4 IMPOUNDMENT AT SOBRIETY CHECKPOINTS Whenever a driver is stopped at a sobriety checkpoint and the only violation is that the operator is driving without a valid driver’s license, the officer shall make a reasonable attempt to identify the registered owner of the vehicle (Vehicle Code § 2814.2). The officer shall release the vehicle to the registered owner if the person is a licensed driver, or to another licensed driver authorized by the registered owner, provided the vehicle is claimed prior to the conclusion of the checkpoint operation. If the vehicle is released at the checkpoint, the officer shall list on his/her copy of the notice to appear the name and driver’s license number of the person to whom the vehicle is released. When a vehicle cannot be released at the checkpoint, it shall be towed (Vehicle Code § 22651(p)). When a vehicle is removed at the checkpoint, it shall be released during the normal business hours of the storage facility to the registered owner or his/her agent upon presentation of a valid driver’s license and current vehicle registration. 510.2.5 DRIVING A NON-CITY VEHICLE Vehicles which have been towed by or at the direction of the [Department/Office] should not be driven by police personnel unless it is necessary to move a vehicle a short distance to eliminate a hazard, prevent the obstruction of a fire hydrant or to comply with posted signs. 510.2.6 DISPATCHER’S RESPONSIBILITIES Upon receiving a request for towing, the dispatcher shall promptly telephone the specified authorized towing service. The officer shall be advised when the request has been made and the towing service has been dispatched. When there is no preferred company requested, the dispatcher shall call the next firm in rotation from the list of approved towing companies and shall make appropriate entries on that form to ensure the following firm is called on the next request. Copyright Lexipol, LLC 2024/03/28, All Rights Reserved. Vehicle Towing and Release - 449 Published with permission by Benicia Police Department Benicia Police Department Benicia PD Policy Manual Benicia PD Policy Manual Vehicle Towing and Release 510.2.7 RECORDS SECTION RESPONSIBILITY Records personnel shall promptly enter pertinent data from the completed storage form (CHP Form 180) into the Stolen Vehicle System and return the form to the Supervisor for approval (Vehicle Code § 22651.5(b); Vehicle Code § 22851.3(b); Vehicle Code § 22854.5). Approved storage forms shall be promptly placed into the auto-file so that they are immediately available for release or review should inquiries be made. Within 48 hours, excluding weekends and holidays, of the storage of any such vehicle it shall be the responsibility of the Records Section to determine the names and addresses of any individuals having an interest in the vehicle through DMV or CLETS computers. Notice shall be sent to all such individuals by mail as applicable and as provided in Vehicle Code § 22851.3(d), Vehicle Code § 22852(a), and Vehicle Code § 14602.6(a)(2). The notice shall include the following (Vehicle Code § 22852(b)): (a) The name, address, and telephone number of this [Department/Office] (b) The location of the place of storage and description of the vehicle, which shall include, if available, the name or make, the manufacturer, the license plate number, and the mileage (c) The authority and purpose for the removal of the vehicle (d) A statement that, in order to receive their post-storage hearing, the owners, or their agents, shall request the hearing in person, in writing, or by telephone within 10 days of the date appearing on the notice 510.3 TOWING SERVICES The City of Benicia periodically selects a firm to act as the official tow service and awards a contract to that firm. This firm will be used in the following situations: (a) When it is necessary to safeguard a vehicle due to the inability of the owner or operator to take the required action. (b) When a vehicle is being held as evidence in connection with an investigation. (c) When it is otherwise necessary to store a motor vehicle. This would include situations involving the recovery of stolen or abandoned vehicles, and the removal of vehicles obstructing traffic in violation of state or local regulations. 510.4 VEHICLE INVENTORY All property in a stored or impounded vehicle shall be inventoried and listed on the vehicle storage form. This includes the trunk and any compartments or containers, even if closed and/or locked. Members conducting inventory searches should be as thorough and accurate as practical in preparing an itemized inventory. These inventory procedures are for the purpose of protecting an owner's property while in police custody, to provide for the safety of officers, and to protect the [Department/Office] against fraudulent claims of lost, stolen, or damaged property. Copyright Lexipol, LLC 2024/03/28, All Rights Reserved. Vehicle Towing and Release - 450 Published with permission by Benicia Police Department Benicia Police Department Benicia PD Policy Manual Benicia PD Policy Manual Vehicle Towing and Release 510.5 SECURITY OF VEHICLES AND PROPERTY Unless it would cause an unreasonable delay in the completion of a vehicle impound/storage or create an issue of officer safety, officers should make reasonable accommodations to permit a driver/owner to retrieve small items of value or personal need (e.g., cash, jewelry, cell phone, prescriptions) that are not considered evidence or contraband. If a search of a vehicle leaves the vehicle or any property contained therein vulnerable to unauthorized entry, theft, or damage, personnel conducting the search shall take such steps as are reasonably necessary to secure and/or preserve the vehicle or property from such hazards. 510.6 RELEASE OF VEHICLE The [Department/Office] will maintain a listed, 24-hour telephone number to provide information regarding impoundment of vehicles and the right of the registered owner to request a storage hearing. Releases for towed vehicles will be made available during regular, non-emergency business hours (Vehicle Code § 14602.6). (a) Vehicles removed pursuant to Vehicle Code § 22850 shall be released after proof of current registration is provided by the owner or the person in control of the vehicle and after all applicable fees are paid (Vehicle Code § 22850.3; Vehicle Code § 22850.5). (b) Vehicles removed that require payment of parking fines or proof of valid driver’s license shall only be released upon presentation of proof of compliance, proof of payment, completion of affidavit, and payment of applicable fees related to the removal (Vehicle Code § 22651 et seq., Vehicle Code § 22652 et seq., Vehicle Code § 22850.3; Vehicle Code § 22850.5). (c) A vehicle removed pursuant to Vehicle Code § 14602.6(a) shall be released to the registered owner or his/her agent with proof of current registration, proof of a valid driver’s license, and applicable fees paid prior to the end of the 30-day impoundment period under any of the following circumstances: 1. The vehicle was stolen. 2. If the driver reinstates his/her driver's license or acquires a license and provides proof of proper insurance. 3. Any other circumstance as set forth in Vehicle Code § 14602.6. 4. When there is no remaining community caretaking need to continue impound of the vehicle or the continued impound would not otherwise comply with the Fourth Amendment. (d) An autonomous vehicle removed under authority of Vehicle Code § 22651(o)(1)(D) shall be released to the registered owner or person in control of the autonomous vehicle if the requirements of Vehicle Code § 22651(o)(3)(B) are met. Personnel whose duties include releasing towed vehicles should consult the Vehicle Code under which the vehicle was towed or impounded for any specific requirements prior to release. Employees who suspect that a vehicle was impounded in error should promptly advise a supervisor. Supervisors should approve, when appropriate, the release of the vehicle without Copyright Lexipol, LLC 2024/03/28, All Rights Reserved. Vehicle Towing and Release - 451 Published with permission by Benicia Police Department Benicia Police Department Benicia PD Policy Manual Benicia PD Policy Manual Vehicle Towing and Release requiring the registered owner or his/her agent to request a hearing, as described in the Vehicle Impound Hearings Policy. 510.7 VEHICLE STORAGE AND IMPOUND PER 22651(P) CVC Whenever an officer initiates a traffic stop, the officer shall make a reasonable effort to determine if the driver falls under the provisions of §§ 22651(p) or 14602.6 of the California Vehicle Code. § 22651(p) Vehicle Code is the least intrusive storage authority and allows an officer to remove a vehicle when the driver has been issued a Notice to Appear for a violation of §§ 12500, 14601, 14601.1, 14601.2, 14601.3, 14601.4, 14601.5, and 14604 of the Vehicle Code. Officers may also remove a vehicle pursuant to § 22651(p) Vehicle Code when the driver has a valid license but the license is for a class of vehicle other than the vehicle operated by the driver (violation §§ 12500(b) or (c) Vehicle Code). Only § 22651(p) Vehicle Code may be used for storing a vehicle of a driver in violation of § 12500 Vehicle Code and all of the following conditions must be satisfied: (a) The officer has taken reasonable precautions to ensure that the license of the driver involved in the enforcement stop has been expired for more than 30 days. (b) The driver has been cited for violation of § 12500 Vehicle Code. (c) The vehicle being stored was observed on a highway or on public property. (d) If there is a licensed driver in the vehicle that is willing to drive and the unlicensed driver authorizes the licensed driver to do so, officers shall not store the vehicle. 510.7.1 VEHICLE STORAGE AND IMPOUND PER 14602.6 CVC § 14602.6 Vehicle Code provides for a 30-day impoundment of a vehicle when driven by a driver who has a suspended or revoked driver's license or by a driver who has never been issued a driver's license. This section does not apply to drivers who are unlicensed or have an expired license. All the following conditions shall be satisfied prior to impounding a vehicle pursuant to § 14602.6 Vehicle Code. (a) The officer has taken reasonable precautions to ensure that the driving privilege is actually suspended or revoked with valid service at the time of the enforcement contact. (b) If it is determined that the driver's license has been suspended or revoked, the officer shall ensure that a notice of suspension or revocation was served based upon the DMV service code. (c) The driver has been cited for violation of §§ 14601, 14601.1, 14601.2, 14601.3, 14601.4, or 14601.5 Vehicle Code. (d) Officer shall mark the "Agency Hold" box and indicate "Hold for 30 Days" in the remarks section of the CHP 180 form for impoundments under § 16402.6 Vehicle Code. Copyright Lexipol, LLC 2024/03/28, All Rights Reserved. Vehicle Towing and Release - 452 Published with permission by Benicia Police Department Benicia Police Department Benicia PD Policy Manual Benicia PD Policy Manual Vehicle Towing and Release Drivers involved in collisions who are found to be suspended or revoked will have their vehicle impounded per § 14602.6 Vehicle Code whenever the investigating officer can establish the elements necessary for the impoundment. Officers shall complete and send the notice of stored vehicle to both the registered and legal owner of the impounded vehicle within 48 hours of towing the vehicle, excluding weekends and holidays. The notice must be sent via certified mail, return receipt requested. In the event the officer is unable to ascertain vehicle owner information, the notice shall be immediately forwarded to the Department of Justice as directed by § 22852 Vehicle Code. The Benicia Police Department will provide, to the registered and/or legal owner of the impounded vehicle, the opportunity for a post-storage hearing to determine the validity of the tow. The explanation of guidelines for arranging a hearing is included in the notice of stored vehicle. The Traffic Sergeant or his/her designee will conduct the post-storage hearing. 510.8 TOWING FOR EXPIRED REGISTRATION Prior to a member removing a vehicle that is found to have expired registration for more than six months, the member shall verify that no current registration exists with the Department of Motor Vehicles (DMV). If current registration exists with the DMV, the vehicle shall not be removed (Vehicle Code § 22651(o)(1)(A)). Copyright Lexipol, LLC 2024/03/28, All Rights Reserved. Vehicle Towing and Release - 453 Published with permission by Benicia Police Department Policy Benicia Police Department 512 Benicia PD Policy Manual Vehicle Impound Hearings 512.1 PURPOSE AND SCOPE This policy establishes a procedure for the requirement to provide vehicle storage or impound hearings pursuant to Vehicle Code § 22852. 512.2 STORED OR IMPOUND HEARING When a vehicle is stored or impounded by any member of the Benicia Police Department, a hearing will be conducted upon the request of the registered or legal owner of the vehicle or his/her agent (Vehicle Code § 22650(a); Vehicle Code § 22852(a)). The hearing shall be conducted within 48 hours of the request, excluding weekends and holidays. The hearing officer must be a person other than the person who directed the storage or impound of the vehicle (Vehicle Code § 22852(c)). 512.2.1 HEARING PROCEDURES The vehicle storage hearing is an informal process to evaluate the validity of an order to store or impound a vehicle. The employee who caused the storage or removal of the vehicle does not need to be present for this hearing. All requests for a hearing on a stored or impounded vehicle shall be submitted in person, in writing or by telephone within 10 days of the date appearing on the notice (Vehicle Code § 22852). The Administrative Sergeant or Traffic Officer will generally serve as the hearing officer. The person requesting the hearing may record the hearing at his/her own expense. The failure of either the registered or legal owner or interested person or his/her agent to request a hearing in a timely manner or to attend a scheduled hearing shall be considered a waiver of and satisfaction of the post-storage hearing requirement (Vehicle Code §§ 22851.3(e)(2) and 22852(d)). Any relevant evidence may be submitted and reviewed by the hearing officer to determine if reasonable grounds have been established for the storage or impound of the vehicle. The initial burden of proof established by a preponderance of the evidence that the storage/impound was based on probable cause rests with the Department. After consideration of all information, the hearing officer shall determine the validity of the storage or impound of the vehicle in question and then render a decision. The hearing officer shall also consider any mitigating circumstances attendant to the storage that reasonably would warrant the release of the vehicle or a modification or reduction of the period the vehicle is impounded (Vehicle Code §§14602.6(b) and 14602.8(b)). Aside from those mitigating circumstances enumerated in the Vehicle Code, the registered owner's lack of actual knowledge that the driver to whom the vehicle was loaned was not validly licensed may constitute a mitigating circumstance under Vehicle Code §§ 14602.6(b) or 14608(b), warranting release of the vehicle. This mitigating circumstance exception is not limited to situations Copyright Lexipol, LLC 2024/03/28, All Rights Reserved. Vehicle Impound Hearings - 454 Published with permission by Benicia Police Department Benicia Police Department Benicia PD Policy Manual Benicia PD Policy Manual Vehicle Impound Hearings where the owner made a reasonable inquiry as to the licensed status of the driver before lending the vehicle. The legislative intent and this department’s policy is to prevent unlicensed driving pursuant to Vehicle Code §14602.6. If this purpose is not furthered by the continued impoundment of a vehicle, release is most often appropriate. (a) If a decision is made that reasonable grounds for storage or impound have been established, the hearing officer shall advise the inquiring party of the decision and that the inquiring party may pursue further civil remedies if desired. 1. If mitigating circumstances are found to be relevant, the hearing officer shall make reasonable adjustments to the impound period, storage or assessment of fees as warranted. (b) If a decision is made that reasonable grounds for storage or impound have not been established or sufficient mitigating circumstances exist, the vehicle in storage shall be released immediately. Towing and storage fees will be paid at the Department’s expense (Vehicle Code § 22852(e)). (c) If a decision is made that reasonable grounds for storage have not been established or sufficient mitigating circumstances exist, and the vehicle has been released with fees having been paid, the receipt for such fees will be forwarded with a letter to the appropriate Division Commander. The hearing officer will recommend to the appropriate Division Commander that the fees paid by the registered or legal owner of the vehicle in question or their agent be reimbursed by the Department. Copyright Lexipol, LLC 2024/03/28, All Rights Reserved. Vehicle Impound Hearings - 455 Published with permission by Benicia Police Department Policy Benicia Police Department 514 Benicia PD Policy Manual Impaired Driving 514.1 PURPOSE AND SCOPE This policy provides guidance to those [department/office] members who play a role in the detection and investigation of driving under the influence (DUI). 514.2 POLICY The Benicia Police Department is committed to the safety of the roadways and the community and will pursue fair but aggressive enforcement of California’s impaired driving laws. 514.3 INVESTIGATIONS Officers should not enforce DUI laws to the exclusion of their other duties unless specifically assigned to DUI enforcement. All officers are expected to enforce these laws with due diligence. 514.4 FIELD TESTS The Administrative Sergeant should identify standardized FSTs and any approved alternate tests for officers to use when investigating violations of DUI laws. 514.5 CHEMICAL TESTS A person implies consent to a chemical test or tests, and to providing the associated chemical sample, under any of the following (Vehicle Code § 23612): (a) The person is arrested for driving a vehicle while under the influence, pursuant to Vehicle Code § 23152. (b) The person is under 21 years of age and is arrested by an officer having reasonable cause to believe that the person’s blood alcohol content is 0.05 or more (Vehicle Code § 23140). (c) The person is under 21 years of age and detained by an officer having reasonable cause to believe that the person was driving a vehicle while having a blood alcohol content of 0.01 or more (Vehicle Code § 23136). (d) The person was operating a vehicle while under the influence and proximately caused bodily injury to another person (Vehicle Code § 23153). If a person withdraws this implied consent, or is unable to withdraw consent (e.g., the person is unconscious), the officer should consider implied consent revoked and proceed as though the person has refused to provide a chemical sample. 514.5.1 CHOICE OF TESTS Officers shall respect a viable choice of chemical test made by an arrestee, as provided for by law (e.g., breath will not be acceptable for suspected narcotics influence). A person arrested for DUI has the choice of whether the test is of the person's blood or breath, and the officer shall advise the person that the person has that choice. If the person arrested either is Copyright Lexipol, LLC 2024/03/28, All Rights Reserved. Impaired Driving - 456 Published with permission by Benicia Police Department Benicia Police Department Benicia PD Policy Manual Benicia PD Policy Manual Impaired Driving incapable, or states that the person is incapable, of completing the chosen test, the person shall submit to the remaining test. If the person chooses to submit to a breath test and there is reasonable cause to believe that the person is under the influence of a drug or the combined influence of alcohol and any drug, the officer may also request that the person submit to a blood test. If the person is incapable of completing a blood test, the person shall submit to and complete a urine test (Vehicle Code § 23612(a)(2)(C)). 514.5.2 BREATH SAMPLES The Administrative Sergeant should ensure that all devices used for the collection and analysis of breath samples are properly serviced and tested, and that a record of such service and testing is properly maintained. Officers obtaining a breath sample should monitor the device for any sign of malfunction. Any anomalies or equipment failures should be noted in the appropriate report and promptly reported to the Administrative Sergeant. When the arrested person chooses a breath test, the handling officer shall advise the person that the breath-testing equipment does not retain a sample, and the person may, if desired, provide a blood or urine specimen, which will be retained to facilitate subsequent verification testing (Vehicle Code § 23614). The officer should also require the person to submit to a blood test if the officer has a clear indication that a blood test will reveal evidence of any drug or the combined influence of an alcoholic beverage and any drug. Evidence of the officer’s belief shall be included in the officer’s report (Vehicle Code § 23612(a)(2)(C)). 514.5.3 BLOOD SAMPLES Only persons authorized by law to draw blood shall collect blood samples (Vehicle Code § 23158). The blood draw should be witnessed by the assigned officer. No officer, even if properly certified, should perform this task. Officers should inform an arrestee that if the arrestee chooses to provide a blood sample, a separate sample can be collected for alternate testing. Unless medical personnel object, two samples should be collected and retained as evidence, so long as only one puncture is required. The blood sample shall be packaged, marked, handled, stored, and transported as required by the testing facility. If an arrestee cannot submit to a blood draw because the arrestee has a bleeding disorder or has taken medication that inhibits coagulation, the arrestee shall not be required to take a blood test. Such inability to take a blood test should not be considered a refusal. However, that arrestee may be required to complete another available and viable test. Copyright Lexipol, LLC 2024/03/28, All Rights Reserved. Impaired Driving - 457 Published with permission by Benicia Police Department Benicia Police Department Benicia PD Policy Manual Benicia PD Policy Manual Impaired Driving 514.5.4 URINE SAMPLES If a urine test will be performed, the arrestee should be promptly transported to the appropriate testing site. The officer shall follow any directions accompanying the urine evidence collection kit. Urine samples shall be collected and witnessed by an officer or jail staff member of the same sex as the individual giving the sample. The arrestee should be allowed sufficient privacy to maintain the arrestee's dignity, to the extent possible, while still ensuring the accuracy of the sample (Vehicle Code § 23158(i)). The sample shall be packaged, marked, handled, stored, and transported as required by the testing facility. 514.5.5 STATUTORY NOTIFICATIONS Officers requesting that a person submit to chemical testing shall provide the person with the mandatory warning pursuant to Vehicle Code § 23612(a)(1)(D) and Vehicle Code § 23612(a)(4). 514.5.6 PRELIMINARY ALCOHOL SCREENING Officers may use a preliminary alcohol screening (PAS) test to assist in establishing reasonable cause to believe a person is DUI. The officer shall advise the person that the PAS test is being requested to assist in determining whether the person is under the influence of alcohol or drugs, or a combination of the two. Unless the person is under the age of 21, the person shall be advised that the PAS test is voluntary. The officer shall also advise the person that submitting to a PAS test does not satisfy the person's obligation to submit to a chemical test as otherwise required by law (Vehicle Code § 23612). 514.5.7 PRELIMINARY ALCOHOL SCREENING FOR A PERSON UNDER AGE 21 If an officer lawfully detains a person under 21 years of age who is driving a motor vehicle and the officer has reasonable cause to believe that the person has a blood alcohol content of 0.01 or more, the officer shall request that the person take a PAS test to determine the presence of alcohol in the person, if a PAS test device is immediately available. If a PAS test device is not immediately available, the officer may request the person to submit to chemical testing of the person's blood, breath, or urine, conducted pursuant to Vehicle Code § 23612 (Vehicle Code § 13388). If the person refuses to take or fails to complete the PAS test or other chemical test, or if the result of either test reveals a blood alcohol content of 0.01 or more, the officer shall proceed to serve the person with a notice of order of suspension pursuant to this policy (Vehicle Code § 13388). 514.6 REFUSALS When an arrestee refuses to provide a viable chemical sample, officers should: (a) Advise the arrestee of the requirement to provide a sample (Vehicle Code § 23612). (b) Audio- and/or video-record the admonishment when it is practicable. (c) Document the refusal in the appropriate report. Copyright Lexipol, LLC 2024/03/28, All Rights Reserved. Impaired Driving - 458 Published with permission by Benicia Police Department Benicia Police Department Benicia PD Policy Manual Benicia PD Policy Manual Impaired Driving 514.6.1 BLOOD SAMPLE WITHOUT CONSENT A blood sample may be obtained from a person who refuses a chemical test when any of the following conditions exist: (a) A search warrant has been obtained (Penal Code § 1524). (b) The officer can articulate that exigent circumstances exist. Exigency does not exist solely because of the short time period associated with the natural dissipation of alcohol or controlled or prohibited substances in the person’s bloodstream. Exigency can be established by the existence of special facts such as a lengthy time delay in obtaining a blood sample due to an accident investigation or medical treatment of the person. 514.6.2 FORCED BLOOD SAMPLE If an arrestee indicates by word or action that the person will physically resist a blood draw, the officer should request a supervisor to respond. The responding supervisor should: (a) Evaluate whether using force to obtain a blood sample is appropriate under the circumstances. (b) Ensure that all attempts to obtain a blood sample through force cease if the person agrees to, and completes a viable form of testing in a timely manner. (c) Advise the person of the person's duty to provide a sample (even if this advisement was previously done by another officer) and attempt to persuade the individual to submit to such a sample without physical resistance. 1. This dialogue should be recorded on audio and/or video if practicable. (d) Ensure that the blood sample is taken in a medically approved manner. (e) Ensure the forced blood draw is recorded on audio and/or video when practicable. (f) Monitor and ensure that the type and level of force applied appears reasonable under the circumstances: 1. Unless otherwise provided in a warrant, force should generally be limited to handcuffing or similar restraint methods. 2. In misdemeanor cases, if the arrestee becomes violent or more resistant, no additional force will be used and a refusal should be noted in the report. 3. In felony cases, force which reasonably appears necessary to overcome the resistance to the blood draw may be permitted. (g) Ensure the use of force and methods used to accomplish the collection of the blood sample are documented in the related report. If a supervisor is unavailable, officers are expected to use sound judgment and perform as a responding supervisor, as set forth above. Copyright Lexipol, LLC 2024/03/28, All Rights Reserved. Impaired Driving - 459 Published with permission by Benicia Police Department Benicia Police Department Benicia PD Policy Manual Benicia PD Policy Manual Impaired Driving 514.6.3 STATUTORY NOTIFICATIONS UPON REFUSAL Upon refusal to submit to a chemical test as required by law, officers shall personally serve the notice of order of suspension upon the arrestee and take possession of any state-issued license to operate a motor vehicle that is held by that individual (Vehicle Code § 23612(e); Vehicle Code § 23612(f)). 514.7 RECORDS SECTION RESPONSIBILITIES The Services Division Lieutenant will ensure that all case-related records are transmitted according to current records procedures and as required by the prosecuting attorney’s office. 514.8 ADMINISTRATIVE HEARINGS The supervisor will ensure that all appropriate reports and documents related to administrative license suspensions are reviewed and forwarded to DMV. Any officers who receive notice of required attendance to an administrative license suspension hearing should promptly notify the prosecuting attorney. Officers called to testify at an administrative hearing should document the hearing date and DMV file number in a supplemental report. Specific details of the hearing generally should not be included in the report unless errors, additional evidence or witnesses are identified. The Records Section should forward this to the prosecuting attorney as part of the case file. 514.9 TRAINING The Training Sergeant should ensure that officers participating in the enforcement of DUI laws receive regular training. Training should include, at minimum, current laws on impaired driving, investigative techniques and rules of evidence pertaining to DUI investigations. The Training Sergeant should confer with the prosecuting attorney’s office and update training topics as needed. 514.10 ARREST AND INVESTIGATION 514.10.1 WARRANTLESS ARREST In addition to the arrest authority granted to officers pursuant to Penal Code § 836, an officer may make a warrantless arrest of a person that the officer has reasonable cause to believe has been driving under the influence of an alcoholic beverage or any drug, or under the combined influence of the same when (Vehicle Code § 40300.5): (a) The person is involved in a traffic crash. (b) The person is observed in or about a vehicle that is obstructing the roadway. (c) The person will not be apprehended unless immediately arrested. (d) The person may cause injury to themselves or damage property unless immediately arrested. (e) The person may destroy or conceal evidence of a crime unless immediately arrested. Copyright Lexipol, LLC 2024/03/28, All Rights Reserved. Impaired Driving - 460 Published with permission by Benicia Police Department Benicia Police Department Benicia PD Policy Manual Benicia PD Policy Manual Impaired Driving 514.10.2 OFFICER RESPONSIBILITIES The officer serving the arrested person with a notice of an order of suspension shall immediately (Vehicle Code § 23612): (a) Forward a copy of the completed notice of suspension or revocation form and any confiscated driver’s license to the Department of Motor Vehicles (DMV). (b) Forward a sworn report to DMV that contains the required information in Vehicle Code § 13380. (c) Forward the results to the appropriate forensic laboratory if the person submitted to a blood or urine test. Copyright Lexipol, LLC 2024/03/28, All Rights Reserved. Impaired Driving - 461 Published with permission by Benicia Police Department Policy Benicia Police Department 516 Benicia PD Policy Manual Traffic Citations 516.1 PURPOSE AND SCOPE This policy outlines the responsibility for traffic citations, the procedure for dismissal, correction, and voiding of traffic citations. 516.2 RESPONSIBILITIES The Administrative Sergeant shall be responsible for the development and design of all [Department/Office] traffic citations in compliance with state law and the Judicial Council. The Records Section shall be responsible for the supply and accounting of all traffic citations issued to employees of this [department/office]. 516.3 DISMISSAL OF TRAFFIC CITATIONS Employees of this [department/office] do not have the authority to dismiss a citation once it has been issued. Only the court has the authority to dismiss a citation that has been issued (Vehicle Code § 40500(d)). Any request from a recipient to dismiss a citation shall be referred to the Traffic Bureau Manager. Upon a review of the circumstances involving the issuance of the traffic citation, the Traffic Bureau Manager may request the Patrol Division Commander to recommend dismissal of the traffic citation. If approved, the citation will be forwarded to the appropriate court with a request for dismissal. All recipients of traffic citations whose request for the dismissal of a traffic citation has been denied shall be referred to the appropriate court. Should an officer determine during a court proceeding that a traffic citation should be dismissed in the interest of justice or where prosecution is deemed inappropriate the officer may request the court to dismiss the citation. Upon dismissal of the traffic citation by the court, the officer shall notify his/her immediate supervisor of the circumstances surrounding the dismissal and shall complete any paperwork as directed or required. The citation dismissal shall then be forwarded to the Patrol Division Commander for review. 516.4 VOIDING TRAFFIC CITATIONS Voiding a traffic citation may occur when a traffic citation has not been completed or where it is completed, but not issued. All copies of the citation shall be presented to a supervisor to approve the voiding of the citation. The citation and copies shall then be forwarded to the Traffic Bureau. 516.5 CORRECTION OF TRAFFIC CITATIONS When a traffic citation is issued and in need of correction, the officer issuing the citation shall submit the citation and the Citation Amendment Form requesting a specific correction to his/her immediate supervisor. The citation and form shall then be forwarded to the Record Section. The Record Section shall prepare a letter of correction to the court having jurisdiction and to the recipient of the citation. Copyright Lexipol, LLC 2024/03/28, All Rights Reserved. Traffic Citations - 462 Published with permission by Benicia Police Department Benicia Police Department Benicia PD Policy Manual Benicia PD Policy Manual Traffic Citations 516.6 DISPOSITION OF TRAFFIC CITATIONS The court and file copies of all traffic citations issued by members of this [department/office] shall be forwarded to the employee’s immediate supervisor for review. The citation copies shall then be filed with the Records Section. Upon separation from employment with this [department/office], all employees issued traffic citation books shall return any unused citations to the Records Section. 516.7 NOTICE OF PARKING VIOLATION APPEAL PROCEDURE Disposition of notice of parking violation appeals is conducted pursuant to Vehicle Code § 40215. 516.7.1 APPEAL STAGES Appeals may be pursued sequentially at three different levels: (a) Administrative reviews are conducted by the Community Services Officer who will review written/documentary data. Requests for administrative reviews are available through our ticket processing agency. These requests are informal written statements outlining why the notice of parking violation should be dismissed. Copies of documentation relating to the notice of parking violation and the request for dismissal must be mailed to the current mailing address of the processing agency. (b) If the appellant wishes to pursue the matter beyond administrative review, an administrative hearing may be conducted in person or by written application, at the election of the appellant. Independent referees review the existent administrative file, amendments, and/or testimonial material provided by the appellant and may conduct further investigation or follow-up on their own. (c) If the appellant wishes to pursue the matter beyond an administrative hearing, a Superior Court review may be presented in person by the appellant after an application for review and designated filing fees have been paid to The Superior Court of California. 516.7.2 TIME REQUIREMENTS Administrative review or appearance before a hearing examiner will not be provided if the mandated time limits are not adhered to by the violator. (a) Requests for an administrative review must be postmarked within 21 calendar days of issuance of the notice of parking violation, or within 14 calendar days of the mailing of the Notice of Delinquent Parking Violation (Vehicle Code § 40215(a)). (b) Requests for administrative hearings must be made no later than 21 calendar days following the notification mailing of the results of the administrative review (Vehicle Code § 40215(b)). (c) An administrative hearing shall be held within 90 calendar days following the receipt of a request for an administrative hearing, excluding time tolled pursuant to Vehicle Code § 40200 - 40225. The person requesting the hearing may request one continuance, not to exceed 21 calendar days (Vehicle Code § 40215). Copyright Lexipol, LLC 2024/03/28, All Rights Reserved. Traffic Citations - 463 Published with permission by Benicia Police Department Benicia Police Department Benicia PD Policy Manual Benicia PD Policy Manual Traffic Citations (d) Registered owners of vehicles may transfer responsibility for the violation via timely affidavit of non-liability when the vehicle has been transferred, rented or under certain other circumstances (Vehicle Code § 40209; Vehicle Code § 40210). 516.7.3 COSTS (a) There is no cost for an administrative review. (b) Appellants must deposit the full amount due for the citation before receiving an administrative hearing, unless the person is indigent, as defined in Vehicle Code § 40220, and provides satisfactory proof of inability to pay (Vehicle Code § 40215). (c) An appeal through Superior Court requires prior payment of filing costs, including applicable court charges and fees. These costs will be reimbursed to the appellant in addition to any previously paid fines if appellant's liability is overruled by the Superior Court. 516.8 JUVENILE CITATIONS Completion of traffic citation forms for juveniles may vary slightly from the procedure for adults. The juvenile’s age, place of residency, and the type of offense should be considered before issuing the juvenile a citation. Copyright Lexipol, LLC 2024/03/28, All Rights Reserved. Traffic Citations - 464 Published with permission by Benicia Police Department Policy Benicia Police Department 520 Benicia PD Policy Manual Disabled Vehicles 520.1 PURPOSE AND SCOPE Vehicle Code § 20018 provides that all law enforcement agencies having responsibility for traffic enforcement may develop and adopt a written policy to provide assistance to motorists in disabled vehicles within their primary jurisdiction. 520.2 OFFICER RESPONSIBILITY When an on-duty officer observes a disabled vehicle on the roadway, the officer should make a reasonable effort to provide assistance. If that officer is assigned to a call of higher priority, the dispatcher should be advised of the location of the disabled vehicle and the need for assistance. The dispatcher should then assign another available officer to respond for assistance as soon as practical. 520.3 EXTENT OF ASSISTANCE In most cases, a disabled motorist will require assistance. After arrangements for assistance are made, continued involvement by department personnel will be contingent on the time of day, the location, the availability of departmental resources, and the vulnerability of the disabled motorist. 520.3.1 MECHANICAL REPAIRS Department personnel shall not make mechanical repairs to a disabled vehicle. The use of push bumpers to relocate vehicles to a position of safety is not considered a mechanical repair. 520.3.2 RELOCATION OF DISABLED VEHICLES The relocation of disabled vehicles by members of this department by pushing or pulling a vehicle should only occur when the conditions reasonably indicate that immediate movement is necessary to reduce a hazard presented by the disabled vehicle. 520.4 PUBLIC ACCESS TO THIS POLICY This written policy is available upon request. Copyright Lexipol, LLC 2024/03/28, All Rights Reserved. Disabled Vehicles - 465 Published with permission by Benicia Police Department Policy Benicia Police Department 524 Benicia PD Policy Manual 72-Hour Parking Violations 524.1 PURPOSE AND SCOPE This policy provides procedures for the marking, recording, and storage of vehicles parked in violation of the Benicia City Ordinance regulating 72-hour parking violations and abandoned vehicles under the authority of Vehicle Code § 22669. 524.2 MARKING VEHICLES Vehicles suspected of being in violation of the City of Benicia 72-Hour Parking Ordinance shall be marked and noted on the Benicia Police Department Marked Vehicle Card. No case number is required at this time. A visible chalk mark should be placed on the left rear tire tread at the fender level unless missing tires or other vehicle conditions prevent marking. Any deviation in markings shall be noted on the Marked Vehicle Card. The investigating employee should make a good faith effort to notify the owner of any vehicle subject to towing prior to having the vehicle removed. This may be accomplished by personal contact, telephone or by leaving notice attached to the vehicle at least 24 hours prior to removal. All Marked Vehicle Cards shall be submitted to the Traffic Bureau for computer data entry. If a marked vehicle has been moved or the markings have been removed during a 72-hour investigation period, the vehicle shall be marked again for the 72-hour parking violation and a Marked Vehicle Card completed and forwarded to the Traffic Bureau. Parking citations for the 72-hour parking ordinance shall not be issued when the vehicle is stored for the 72-hour parking violation. 524.2.1 MARKED VEHICLE FILE The Traffic Bureau shall be responsible for maintaining a file for all Marked Vehicle Cards. Parking control officers assigned to the Traffic Bureau shall be responsible for the follow up investigation of all 72-hour parking violations noted on the Marked Vehicle Cards. 524.2.2 VEHICLE STORAGE Any vehicle in violation shall be stored by the authorized towing service and a vehicle storage report shall be completed by the officer authorizing the storage of the vehicle. The storage report form shall be submitted to the Records Section immediately following the storage of the vehicle. It shall be the responsibility of the Records Section to immediately notify the Stolen Vehicle System (SVS) of the Department of Justice in Sacramento ( Vehicle Code § 22851.3(b)). Notification may also be made to the National Law Enforcement Telecommunications System (NLETS)(Vehicle Code § 22854.5). Within 48 hours of the storage of any such vehicle, excluding weekends and holidays, it shall be the responsibility of the Records Section to determine the names and addresses of any individuals Copyright Lexipol, LLC 2024/03/28, All Rights Reserved. 72-Hour Parking Violations - 466 Published with permission by Benicia Police Department Benicia Police Department Benicia PD Policy Manual Benicia PD Policy Manual 72-Hour Parking Violations having an interest in the vehicle through DMV or CLETS computers. Notice to all such individuals shall be sent first-class or certified mail pursuant to Vehicle Code § 22851.3(d). Copyright Lexipol, LLC 2024/03/28, All Rights Reserved. 72-Hour Parking Violations - 467 Published with permission by Benicia Police Department Benicia Police Department Benicia PD Policy Manual Chapter 6 - Investigation Operations Copyright Lexipol, LLC 2024/03/28, All Rights Reserved. Investigation Operations - 468 Published with permission by Benicia Police Department Policy Benicia Police Department 600 Benicia PD Policy Manual Investigation and Prosecution 600.1 PURPOSE AND SCOPE The purpose of this policy is to set guidelines and requirements pertaining to the handling and disposition of criminal investigations. 600.2 POLICY It is the policy of the Benicia Police Department to investigate crimes thoroughly and with due diligence, and to evaluate and prepare criminal cases for appropriate clearance or submission to a prosecutor. 600.3 INITIAL INVESTIGATION 600.3.1 NON-SWORN MEMBER RESPONSIBILITIES A non-sworn member assigned to any preliminary investigation is responsible for all investigative steps, except making any attempt to locate, contact or interview a suspect face-to-face or take any enforcement action. Should an initial investigation indicate that those steps are required, the assistance of an officer shall be requested. 600.3.2 OFFICER RESPONSIBILITIES An officer responsible for an initial investigation shall complete no less than the following: (a) Make a preliminary determination of whether a crime has been committed by completing, at a minimum: 1. An initial statement from any witnesses or complainants. 2. A cursory examination for evidence. (b) If information indicates a crime has occurred, the officer shall: 1. Preserve the scene and any evidence as required to complete the initial and follow-up investigation. 2. Determine if additional investigative resources (e.g., investigators or scene processing) are necessary and request assistance as required. 3. If assistance is warranted, or if the incident is not routine, notify a supervisor or the Supervisor. 4. Make reasonable attempts to locate, identify and interview all available victims, complainants, witnesses and suspects. 5. Collect any evidence. 6. Take any appropriate law enforcement action. 7. Complete and submit the appropriate reports and documentation. (c) If the preliminary determination is that no crime occurred, determine what other action may be necessary, what other resources may be available, and advise the informant or complainant of this information. Copyright Lexipol, LLC 2024/03/28, All Rights Reserved. Investigation and Prosecution - 469 Published with permission by Benicia Police Department Benicia Police Department Benicia PD Policy Manual Benicia PD Policy Manual Investigation and Prosecution 600.4 DISCONTINUATION OF INVESTIGATIONS The investigation of a criminal case or efforts to seek prosecution should only be discontinued if one of the following applies: (a) All reasonable investigative efforts have been exhausted, no reasonable belief that the person who committed the crime can be identified, and the incident has been documented appropriately. (b) The perpetrator of a misdemeanor has been identified and a warning is the most appropriate disposition. 1. In these cases, the investigator shall document that the person was warned and why prosecution was not sought. 2. Warnings shall not be given for felony offenses or other offenses identified in this policy or by law that require an arrest or submission of a case to a prosecutor. (c) The case has been submitted to the appropriate prosecutor but no charges have been filed. Further investigation is not reasonable nor has the prosecutor requested further investigation. (d) The case has been submitted to the appropriate prosecutor, charges have been filed, and further investigation is not reasonable, warranted, or requested, and there is no need to take the suspect into custody. (e) Suspects have been arrested, there are no other suspects, and further investigation is either not warranted, or requested. (f) Investigation has proven that a crime was not committed (see the Sexual Assault Investigations Policy for special considerations in these cases). The Domestic Violence, Child Abuse, Sexual Assault Investigations, and Senior and Disability Victimization policies may also require an arrest or submittal of a case to a prosecutor. 600.5 COMPUTERS AND DIGITAL EVIDENCE The collection, preservation, transportation and storage of computers, cell phones and other digital devices may require specialized handling to preserve the value of the related evidence. If it is anticipated that computers or similar equipment will be seized, officers should request that computer forensic examiners assist with seizing computers and related evidence. If a forensic examiner is unavailable, officers should take reasonable steps to prepare for such seizure and use the resources that are available. 600.6 MODIFICATION OF CHARGES FILED Members are not authorized to recommend to the prosecutor or to any other official of the court that charges on a pending case be amended or dismissed without the authorization of a Division Commander or the Chief of Police. Any authorized request to modify the charges or to recommend dismissal of charges shall be made to the prosecutor. Copyright Lexipol, LLC 2024/03/28, All Rights Reserved. Investigation and Prosecution - 470 Published with permission by Benicia Police Department Benicia Police Department Benicia PD Policy Manual Benicia PD Policy Manual Investigation and Prosecution 600.7 INVESTIGATIVE USE OF SOCIAL MEDIA AND INTERNET SOURCES Use of social media and any other internet source to access information for the purpose of criminal investigation shall comply with applicable laws and policies regarding privacy, civil rights, and civil liberties. Information gathered via the internet should only be accessed by members while on- duty and for purposes related to the mission of this [department/office]. If a member encounters information relevant to a criminal investigation while off-duty or while using the member's own equipment, the member should note the dates, times, and locations of the information and report the discovery to the member's supervisor as soon as practicable. The member, or others who have been assigned to do so, should attempt to replicate the finding when on-duty and using [department/office] equipment. Information obtained via the internet should not be archived or stored in any manner other than [department/office]-established record keeping systems (see the Records Maintenance and Release and the Criminal Organizations policies). 600.7.1 ACCESS RESTRICTIONS Information that can be accessed from any [department/office] computer, without the need of an account, password, email address, alias, or other identifier (unrestricted websites), may be accessed and used for legitimate investigative purposes without supervisory approval. Accessing information from any internet source that requires the use or creation of an account, password, email address, alias or other identifier, or the use of nongovernment IP addresses, requires supervisor approval prior to access. The supervisor will review the justification for accessing the information and consult with legal counsel as necessary to identify any policy or legal restrictions. Any such access and the supervisor approval shall be documented in the related investigative report. Accessing information that requires the use of a third party's account or online identifier requires supervisor approval and the consent of the third party. The consent must be voluntary and shall be documented in the related investigative report. Information gathered from any internet source should be evaluated for its validity, authenticity, accuracy, and reliability. Corroborative evidence should be sought and documented in the related investigative report. Any information collected in furtherance of an investigation through an internet source should be documented in the related report. Documentation should include the source of information and the dates and times that the information was gathered. 600.7.2 INTERCEPTING ELECTRONIC COMMUNICATION Intercepting social media communications in real time may be subject to federal and state wiretap laws. Officers should seek legal counsel before any such interception. Copyright Lexipol, LLC 2024/03/28, All Rights Reserved. Investigation and Prosecution - 471 Published with permission by Benicia Police Department Benicia Police Department Benicia PD Policy Manual Benicia PD Policy Manual Investigation and Prosecution 600.8 CUSTODIAL INTERROGATION REQUIREMENTS Suspects who are in custody and subjected to an interrogation shall be given the Miranda warning, unless an exception applies. Interview or interrogation of a juvenile shall be in accordance with the Temporary Custody of Juveniles Policy. 600.8.1 AUDIO/VIDEO RECORDINGS Any custodial interrogation of an individual who is suspected of having committed any violent felony offense should be recorded (audio or video with audio as available) in its entirety. Regardless of where the interrogation occurs, every reasonable effort should be made to secure functional recording equipment to accomplish such recordings. Consideration should also be given to recording a custodial interrogation, or any investigative interview, for any other offense when it is reasonable to believe it would be appropriate and beneficial to the investigation and is otherwise allowed by law. No recording of a custodial interrogation should be destroyed or altered without written authorization from the prosecuting attorney and the Investigation Division supervisor. Copies of recorded interrogations or interviews may be made in the same or a different format as the original recording, provided the copies are true, accurate and complete and are made only for authorized and legitimate law enforcement purposes. Recordings should not take the place of a thorough report and investigative interviews. Written statements from suspects should continue to be obtained when applicable. 600.8.2 MANDATORY RECORDING OF ADULTS Any custodial interrogation of an adult who is suspected of having committed any murder shall be recorded in its entirety. The recording should be video with audio if reasonably feasible (Penal Code § 859.5). This recording is not mandatory when (Penal Code § 859.5): (a) Recording is not feasible because of exigent circumstances that are later documented in a report. (b) The suspect refuses to have the interrogation recorded, including a refusal any time during the interrogation, and the refusal is documented in a report. If feasible, the refusal shall be electronically recorded. (c) The custodial interrogation occurred in another state by law enforcement officers of that state, unless the interrogation was conducted with the intent to avoid the requirements of Penal Code § 859.5. (d) The interrogation occurs when no member conducting the interrogation has a reason to believe that the individual may have committed murder. Continued custodial interrogation concerning that offense shall be electronically recorded if the interrogating member develops a reason to believe the individual committed murder. Copyright Lexipol, LLC 2024/03/28, All Rights Reserved. Investigation and Prosecution - 472 Published with permission by Benicia Police Department Benicia Police Department Benicia PD Policy Manual Benicia PD Policy Manual Investigation and Prosecution (e) The interrogation would disclose the identity of a confidential informant or would jeopardize the safety of an officer, the individual being interrogated or another individual. Such circumstances shall be documented in a report. (f) A recording device fails despite reasonable maintenance and the timely repair or replacement is not feasible. (g) The questions are part of a routine processing or booking, and are not an interrogation. (h) The suspect is in custody for murder and the interrogation is unrelated to a murder. However, if any information concerning a murder is mentioned during the interrogation, the remainder of the interrogation shall be recorded. The [Department/Office] shall maintain an original or an exact copy of the recording until a conviction relating to the interrogation is final and all appeals are exhausted or prosecution is barred by law (Penal Code § 859.5). 600.9 CELLULAR COMMUNICATIONS INTERCEPTION TECHNOLOGY The Investigation Division Commander is responsible for ensuring the following for cellular communications interception technology operations (Government Code § 53166): (a) Security procedures are developed to protect information gathered through the use of the technology. (b) A usage and privacy policy is developed that includes: 1. The purposes for which using cellular communications interception technology and collecting information is authorized. 2. Identification by job title or other designation of employees who are authorized to use or access information collected through the use of cellular communications interception technology. 3. Training requirements necessary for those authorized employees. 4. A description of how the [Department/Office] will monitor the use of its cellular communications interception technology to ensure the accuracy of the information collected and compliance with all applicable laws. 5. Process and time period system audits. 6. Identification of the existence of any memorandum of understanding or other agreement with any other local agency or other party for the shared use of cellular communications interception technology or the sharing of information collected through its use, including the identity of signatory parties. 7. The purpose of, process for and restrictions on the sharing of information gathered through the use of cellular communications interception technology with other local agencies and persons. 8. The length of time information gathered through the use of cellular communications interception technology will be retained, and the process the local agency will utilize to determine if and when to destroy retained information. Copyright Lexipol, LLC 2024/03/28, All Rights Reserved. Investigation and Prosecution - 473 Published with permission by Benicia Police Department Benicia Police Department Benicia PD Policy Manual Benicia PD Policy Manual Investigation and Prosecution Members shall only use approved devices and usage shall be in compliance with [department/ office] security procedures, the [department/office]’s usage and privacy procedures and all applicable laws. 600.10 USE OF CERTAIN DNA SAMPLES Known samples of DNA collected from a victim of a crime or alleged crime, and known reference samples of DNA from any individual that were voluntarily provided for the purpose of exclusion are to be used only for the purpose directly related to the incident being investigated and in compliance with the procedures identified in Penal Code § 679.12. 600.11 ANTI-REPRODUCTIVE RIGHTS CRIMES A member should take a report any time a person living within the jurisdiction of the Benicia Police Department reports that the person has been a victim of an anti-reproductive rights crime as defined by Penal Code § 13776 and Penal Code § 423.3. This includes: (a) Taking a report, even if the location of the crime is outside the jurisdiction of this [department/office] or has not been determined (e.g., online harassment). (b) Providing the victim with the appropriate information, as set forth in the Victim and Witness Assistance Policy. Members should encourage the person to review the material and should assist with any questions. A report should also be taken if a person living outside [department/office] jurisdiction reports an anti-reproductive rights crime that may have been committed or facilitated within this jurisdiction (e.g., use of a post office box in the [city/county] to facilitate the crime). A member investigating an anti-reproductive rights crime should ensure that the case is referred to the appropriate agency if it is determined that this [department/office] should not be the investigating agency. The victim should be advised that the case is being transferred to the agency of jurisdiction. The appropriate entries should be made into any databases that have been authorized for [department/office] use and are specific to this type of investigation. The Investigation Division supervisor should provide the Services Division Lieutenant with enough information regarding the number of calls for assistance and number of arrests to meet the reporting requirements to the California Department of Justice as required by Penal Code § 13777. See the Records Section Policy for additional guidance. 600.12 STATE REQUIREMENTS FOR FIREARM INVESTIGATIONS 600.12.1 CALIFORNIA DOJ NOTICE OF LOCATION OF REPORTED LOST OR STOLEN FIREARM When notification is received from the California Department of Justice (DOJ) that a firearm purchase matches an entry made into the Automated Firearms System by the [Department/Office] as lost or stolen, the Investigation Division supervisor shall assign an officer to retrieve the firearm and book the firearm into evidence in accordance with the Property and Evidence Policy. Recovery of the firearm shall be reported pursuant to Penal Code § 11108.2, Penal Code §11108.3, and Penal Code § 11108.5. If appropriate, arrangements may be made to have another state or local Copyright Lexipol, LLC 2024/03/28, All Rights Reserved. Investigation and Prosecution - 474 Published with permission by Benicia Police Department Benicia Police Department Benicia PD Policy Manual Benicia PD Policy Manual Investigation and Prosecution law enforcement agency retrieve the firearm on behalf of the [Department/Office] (Penal Code § 28220). 600.12.2 RELINQUISHMENT OF FIREARMS VERIFICATION The Investigation Division supervisor shall designate a member to have access to the Armed Prohibited Persons System (APPS) to receive information regarding individuals in the jurisdiction of the [Department/Office] who have become a prohibited possessor of a firearm registered in their name and have not provided proof of relinquishment. The member shall document steps taken to verify that the individual is no longer in possession of firearms and provide the information to the Records Section for preparation of a quarterly report to the California DOJ (Penal Code § 29813) (see the Records Section Policy for additional guidance). Copyright Lexipol, LLC 2024/03/28, All Rights Reserved. Investigation and Prosecution - 475 Published with permission by Benicia Police Department Policy Benicia Police Department 602 Benicia PD Policy Manual Sexual Assault Investigations 602.1 PURPOSE AND SCOPE The purpose of this policy is to establish guidelines for the investigation of sexual assaults. These guidelines will address some of the unique aspects of such cases and the effects that these crimes have on the victims. Mandatory notifications requirements are addressed in the Child Abuse and Senior and Disability Victimization policies. 602.1.1 DEFINITIONS Definitions related to this policy include: Sexual assault - Any crime or attempted crime of a sexual nature, to include but not limited to offenses defined in Penal Code § 243.4, Penal Code § 261 et seq., and Penal Code § 285 et seq. Sexual Assault Response Team (SART) - A multidisciplinary team generally comprised of advocates; law enforcement officers; forensic medical examiners, including sexual assault forensic examiners (SAFEs) or sexual assault nurse examiners (SANEs) if possible; forensic laboratory personnel; and prosecutors. The team is designed to coordinate a broad response to sexual assault victims. 602.2 POLICY It is the policy of the Benicia Police Department that its members, when responding to reports of sexual assaults, will strive to minimize the trauma experienced by the victims, and will aggressively investigate sexual assaults, pursue expeditious apprehension and conviction of perpetrators, and protect the safety of the victims and the community. 602.3 TRAINING Subject to available resources, periodic training should be provided to: (a) Members who are first responders. Training should include: 1. Initial response to sexual assaults. 2. Legal issues. 3. Victim advocacy. 4. Victim’s response to trauma. 5. Proper use and handling of the California standardized SAFE kit (Penal Code § 13823.14). (b) Qualified investigators, who should receive advanced training on additional topics. Advanced training should include: 1. Interviewing sexual assault victims. 2. SART. Copyright Lexipol, LLC 2024/03/28, All Rights Reserved. Sexual Assault Investigations - 476 Published with permission by Benicia Police Department Benicia Police Department Benicia PD Policy Manual Benicia PD Policy Manual Sexual Assault Investigations 3. Medical and legal aspects of sexual assault investigations. 4. Serial crimes investigations. 5. Use of community and other federal and state investigative resources, such as the Violent Criminal Apprehension Program (ViCAP). 6. Techniques for communicating with victims to minimize trauma. 602.4 QUALIFIED INVESTIGATORS Qualified investigators should be available for assignment of sexual assault investigations. These investigators should: (a) Have specialized training in, and be familiar with, interview techniques and the medical and legal issues that are specific to sexual assault investigations. (b) Conduct follow-up interviews and investigation. (c) Present appropriate cases of alleged sexual assault to the prosecutor for review. (d) Coordinate with other enforcement agencies, social service agencies and medical personnel as needed. (e) Provide referrals to therapy services, victim advocates and support for the victim. (f) Participate in or coordinate with SART. 602.5 REPORTING In all reported or suspected cases of sexual assault, a report should be written and assigned for follow-up investigation. This includes incidents in which the allegations appear unfounded or unsubstantiated. 602.6 RELEASING INFORMATION TO THE PUBLIC In cases where the perpetrator is not known to the victim, and especially if there are multiple crimes where more than one appear to be related, consideration should be given to releasing information to the public whenever there is a reasonable likelihood that doing so may result in developing helpful investigative leads. The Investigations supervisor should weigh the risk of alerting the suspect to the investigation with the need to protect the victim and the public, and to prevent more crimes. 602.7 VICTIM INTERVIEWS The primary considerations in sexual assault investigations, which begin with the initial call to dispatch, should be the health and safety of the victim, the preservation of evidence, and preliminary interviews to determine if a crime has been committed and to attempt to identify the suspect. Whenever possible, a member of SART should be included in the initial victim interviews. An in-depth follow-up interview should not be conducted until after the medical and forensic examinations are completed and the personal needs of the victim have been met (e.g., change of clothes, bathing). The follow-up interview may be delayed to the following day based upon the Copyright Lexipol, LLC 2024/03/28, All Rights Reserved. Sexual Assault Investigations - 477 Published with permission by Benicia Police Department Benicia Police Department Benicia PD Policy Manual Benicia PD Policy Manual Sexual Assault Investigations circumstances. Whenever practicable, the follow-up interview should be conducted by a qualified investigator. No opinion of whether the case is unfounded shall be included in the report. Victims shall not be asked or required to take a polygraph examination (34 USC § 10451; Penal Code § 637.4). Victims should be apprised of applicable victim’s rights provisions, as outlined in the Victim and Witness Assistance Policy. 602.7.1 VICTIM RIGHTS Whenever there is an alleged sexual assault, the assigned officer shall accomplish the following: (a) Prior to the commencement of the initial interview, advise the victim in writing of the right to have a victim advocate and a support person of the victim's choosing present at any interview or contact by law enforcement, about any other rights of a sexual assault victim pursuant to the sexual assault victim card described in Penal Code § 680.2, and the right to have a person of the same or opposite gender present in the room during any interview with a law enforcement official unless no such person is reasonably available (Penal Code § 679.04). (b) If the victim is transported to a hospital for any medical evidentiary or physical examination, the officer shall immediately cause the local rape victim counseling center to be notified (Penal Code § 264.2). 1. The officer shall not discourage a victim from receiving a medical evidentiary or physical examination (Penal Code § 679.04). 2. A support person may be excluded from the examination by the officer or the medical provider if the support person's presence would be detrimental to the purpose of the examination (Penal Code § 264.2). 602.7.2 VICTIM CONFIDENTIALITY Officers investigating or receiving a report of an alleged sex offense shall inform the victim, or the victim’s parent or guardian if the victim is a minor, that his/her name will become a matter of public record unless the victim requests that his/her name not be made public. The reporting officer shall document in his/her report that the victim was properly informed and shall include any related response made by the victim, or if a minor, any response made by the victim’s parent or guardian (Penal Code § 293). Except as authorized by law, members of this department shall not publicly disclose the name of any victim of a sex crime who has exercised his/her right to confidentiality (Penal Code § 293). 602.8 COLLECTION AND TESTING OF BIOLOGICAL EVIDENCE Whenever possible, a SART member should be involved in the collection of forensic evidence from the victim. When the facts of the case indicate that collection of biological evidence is warranted, it should be collected regardless of how much time has elapsed since the reported assault. Copyright Lexipol, LLC 2024/03/28, All Rights Reserved. Sexual Assault Investigations - 478 Published with permission by Benicia Police Department Benicia Police Department Benicia PD Policy Manual Benicia PD Policy Manual Sexual Assault Investigations If a drug-facilitated sexual assault is suspected, urine and blood samples should be collected from the victim as soon as practicable. Subject to requirements set forth in this policy, biological evidence from all sexual assault cases, including cases where the suspect is known by the victim, should be submitted for testing. Victims who choose not to assist with an investigation, do not desire that the matter be investigated, or wish to remain anonymous may still consent to the collection of evidence under their control. In these circumstances, the evidence should be collected and stored appropriately (Penal Code § 680). 602.8.1 COLLECTION AND TESTING REQUIREMENTS Members investigating a sexual assault offense should take every reasonable step to ensure that DNA testing of such evidence is performed in a timely manner and within the time periods prescribed by Penal Code § 803(g). SAFE kits should be submitted to the crime lab within 20 days after being booked into evidence (Penal Code § 680). In order to maximize the effectiveness of such testing and identify the perpetrator of any sexual assault, the assigned officer shall ensure that an information profile for the SAFE kit evidence has been created in the California Department of Justice (DOJ) SAFE-T database within 120 days of collection and should further ensure that the results of any such test have been timely entered into and checked against both the DOJ Cal-DNA database and the Combined DNA Index System (CODIS) (Penal Code § 680.3). If the assigned officer determines that a SAFE kit submitted to a private vendor laboratory for analysis has not been tested within 120 days after submission, the officer shall update the SAFE- T database to reflect the reason for the delay in testing. The assigned officer shall continue to update the status every 120 days thereafter until the testing is complete, the statute of limitations has run, or the SAFE kit is exempt from the update requirement (Penal Code § 680.3). If, for any reason, DNA evidence in a sexual assault case in which the identity of the perpetrator is in issue and is not going to be analyzed within 18 months of the crime, the assigned officer shall notify the victim of such fact in writing no less than 60 days prior to the expiration of the 18- month period (Penal Code § 680). Additional guidance regarding evidence retention and destruction is found in the Property and Evidence Policy. 602.8.2 DNA TEST RESULTS A SART member should be consulted regarding the best way to deliver biological testing results to a victim so as to minimize victim trauma, especially in cases where there has been a significant delay in getting biological testing results (e.g., delays in testing the evidence or delayed DNA databank hits). Members should make reasonable efforts to assist the victim by providing available information on local assistance programs and organizations as provided in the Victim and Witness Assistance Policy. Copyright Lexipol, LLC 2024/03/28, All Rights Reserved. Sexual Assault Investigations - 479 Published with permission by Benicia Police Department Benicia Police Department Benicia PD Policy Manual Benicia PD Policy Manual Sexual Assault Investigations (a) Upon receipt of a written request from a sexual assault victim or the victim's authorized designee, members investigating sexual assault cases shall inform the victim of the status of the DNA testing of any evidence from the victim's case (Penal Code § 680). 1. Although such information may be communicated orally, the assigned officer should thereafter follow-up with and retain a copy of confirmation by either written or electronic mail. 2. Absent a written request, no member of this [department/office] is required to, but may, communicate with the victim or the victim's authorized designee regarding the status of any DNA testing. (b) Sexual assault victims shall further have the following rights (Penal Code § 680): 1. To be informed if a DNA profile of the assailant was obtained from the testing of the SAFE kit or other crime scene evidence from their case. 2. To be informed if there is a confirmed match between the DNA profile of the assailant developed from the evidence and a DNA profile contained in the DOJ Convicted Offender DNA Database, providing that disclosure would not impede or compromise an ongoing investigation. 3. To be informed if the DNA profile of the assailant developed from the evidence has been entered into the DOJ Databank or the federal Department of Justice or Federal Bureau of Investigation CODIS database of case evidence. 4. To access the DOJ SAFE-T database portal consistent with Penal Code § 680.3(e) for information involving their own forensic kit and the status of the kit. (c) Provided that the sexual assault victim or the victim's authorized designee has kept the assigned officer informed with regard to current address, telephone number, and email address (if available), any victim or the victim's authorized designee shall, upon request, be advised of any known significant changes regarding the victim's case (Penal Code § 680). 1. Although such information may be communicated orally, the assigned officer should thereafter follow-up with and retain a copy of confirmation by either written or electronic mail. 2. No officer shall be required or expected to release any information which might impede or compromise any ongoing investigation. 602.8.3 STANDARDIZED SEXUAL ASSAULT FORENSIC MEDICAL EVIDENCE KIT The Evidence Room supervisor should make California standardized sexual assault forensic medical evidence (SAFE) kits available to members who may investigate sexual assault cases. Members investigating a sexual assault should use these SAFE kits when appropriate and follow related usage guidelines issued by the California Clinical Forensic Medical Training Center (Penal Code § 13823.14). Copyright Lexipol, LLC 2024/03/28, All Rights Reserved. Sexual Assault Investigations - 480 Published with permission by Benicia Police Department Benicia Police Department Benicia PD Policy Manual Benicia PD Policy Manual Sexual Assault Investigations 602.8.4 COLLECTION OF DNA REFERENCE SAMPLES Reference samples of DNA collected directly from a victim of sexual assault, and reference samples of DNA collected from any individual that were voluntarily provided for the purpose of exclusion, shall be protected as provided in Penal Code § 679.12 (Penal Code § 680). 602.9 DISPOSITION OF CASES If the assigned investigator has reason to believe the case is without merit, the case may be classified as unfounded only upon review and approval of the Investigation Division supervisor. Classification of a sexual assault case as unfounded requires the Investigation Division supervisor to determine that the facts have significant irregularities with reported information and that the incident could not have happened as it was reported. When a victim has recanted his/her original statement, there must be corroborating evidence that the allegations were false or baseless (i.e., no crime occurred) before the case should be determined as unfounded. 602.10 CASE REVIEW The Investigations supervisor should ensure case dispositions are reviewed on a periodic basis, at least annually, using an identified group that is independent of the investigation process. The reviews should include an analysis of: • Case dispositions. • Decisions to collect biological evidence. • Submissions of biological evidence for lab testing. The SART and/or victim advocates should be considered for involvement in this audit. Summary reports on these reviews should be forwarded through the chain of command to the Chief of Police. Copyright Lexipol, LLC 2024/03/28, All Rights Reserved. Sexual Assault Investigations - 481 Published with permission by Benicia Police Department Policy Benicia Police Department 606 Benicia PD Policy Manual Asset Forfeiture 606.1 PURPOSE AND SCOPE This policy describes the authority and procedure for the seizure, forfeiture and liquidation of property associated with designated offenses. 606.1.1 DEFINITIONS Definitions related to this policy include: Fiscal agent - The person designated by the Chief of Police to be responsible for securing and maintaining seized assets and distributing any proceeds realized from any forfeiture proceedings. This includes any time the Benicia Police Department seizes property for forfeiture or when the Benicia Police Department is acting as the fiscal agent pursuant to a multi-agency agreement. Forfeiture - The process by which legal ownership of an asset is transferred to a government or other authority. Forfeiture reviewer - The department member assigned by the Chief of Police who is responsible for reviewing all forfeiture cases and for acting as the liaison between the Department and the assigned attorney. Property subject to forfeiture - The following may be subject to forfeiture: (a) Property related to a narcotics offense, which includes (Heath and Safety Code § 11470; Health and Safety Code § 11470.1): 1. Property (not including real property or vehicles) used, or intended for use, as a container for controlled substances, materials to manufacture controlled substances, etc. 2. Interest in a vehicle (car, boat, airplane, other vehicle) used to facilitate the manufacture, possession for sale or sale of specified quantities of controlled substances. 3. Money, negotiable instruments, securities or other things of value furnished or intended to be furnished by any person in exchange for a controlled substance, proceeds traceable to an exchange, etc. 4. Real property when the owner is convicted of violating Health and Safety Code § 11366, Health and Safety Code § 11366.5 or Health and Safety Code § 11366.6 (drug houses) when the property was not used as a family residence or for other lawful purposes, or property owned by two or more persons, one of whom had no knowledge of its unlawful use. 5. The expenses of seizing, eradicating, destroying or taking remedial action with respect to any controlled substance or its precursors upon conviction for the unlawful manufacture or cultivation of any controlled substance or its precursors. Copyright Lexipol, LLC 2024/03/28, All Rights Reserved. Asset Forfeiture - 482 Published with permission by Benicia Police Department Benicia Police Department Benicia PD Policy Manual Benicia PD Policy Manual Asset Forfeiture (b) Property related to criminal profiteering (may include gang crimes), to include (Penal Code § 186.2; Penal Code § 186.3): 1. Any property interest, whether tangible or intangible, acquired through a pattern of criminal profiteering activity. 2. All proceeds acquired through a pattern of criminal profiteering activity, including all things of value that may have been received in exchange for the proceeds immediately derived from the pattern of criminal profiteering activity. Seizure - The act of law enforcement officials taking property, cash or assets that have been used in connection with or acquired by specified illegal activities. 606.2 POLICY The Benicia Police Department recognizes that appropriately applied forfeiture laws are helpful to enforce the law, deter crime and reduce the economic incentive of crime. However, the potential for revenue should never compromise the effective investigation of criminal offenses, officer safety or any person’s due process rights. It is the policy of the Benicia Police Department that all members, including those assigned to internal or external law enforcement task force operations, shall comply with all state and federal laws pertaining to forfeiture. 606.3 ASSET SEIZURE Property may be seized for forfeiture as provided in this policy. 606.3.1 PROPERTY SUBJECT TO SEIZURE The following may be seized upon review and approval of a supervisor and in coordination with the forfeiture reviewer: (a) Property subject to forfeiture authorized for seizure under the authority of a search warrant or court order. (b) Property subject to forfeiture not authorized for seizure under the authority of a search warrant or court order when any of the following apply (Health and Safety Code § 11471; Health and Safety Code § 11488): 1. The property subject to forfeiture is legally seized incident to an arrest. 2. There is probable cause to believe that the property was used or is intended to be used in a violation of the Uniform Controlled Substances Act and the seizing officer can articulate a nexus between the property and the controlled substance offense that would lead to the item being property subject for forfeiture. Officers aware of assets that may be forfeitable as a result of criminal profiteering or human trafficking should consider contacting the district attorney regarding a court order to protect the assets (Penal Code § 186.6; Penal Code § 236.6). Copyright Lexipol, LLC 2024/03/28, All Rights Reserved. Asset Forfeiture - 483 Published with permission by Benicia Police Department Benicia Police Department Benicia PD Policy Manual Benicia PD Policy Manual Asset Forfeiture Whenever practicable, a search warrant or court order for seizure prior to making a seizure is the preferred method. A large amount of money standing alone is insufficient to establish the probable cause required to make a seizure. 606.3.2 PROPERTY NOT SUBJECT TO SEIZURE The following property should not be seized for forfeiture: (a) Cash and property that does not meet the forfeiture counsel’s current minimum forfeiture thresholds should not be seized. (b) Real property is not subject to seizure, absent exigent circumstances, without a court order (Health and Safety Code § 11471). (c) A vehicle which may be lawfully driven on the highway if there is a community property interest in the vehicle by a person other than the suspect and the vehicle is the sole vehicle available to the suspect’s immediate family (Health and Safety Code § 11470). (d) Vehicles, boats or airplanes owned by an “innocent owner,” such as a common carrier with no knowledge of the suspected offense (Health and Safety Code § 11490). (e) Any property when the associated activity involves the possession of marijuana or related paraphernalia that is permissible under the Control, Regulate and Tax Adult Use of Marijuana Act (Health and Safety Code § 11362.1). 606.4 PROCESSING SEIZED PROPERTY FOR FORFEITURE PROCEEDINGS When property or cash subject to this policy is seized, the officer making the seizure should ensure compliance with the following: (a) Complete applicable seizure forms and present the appropriate copy to the person from whom the property is seized. If cash or property is seized from more than one person, a separate copy must be provided to each person, specifying the items seized. When property is seized and no one claims an interest in the property, the officer must leave the copy in the place where the property was found, if it is reasonable to do so. (b) Complete and submit a report and original seizure forms within 24 hours of the seizure, if practicable. (c) Forward the original seizure forms and related reports to the forfeiture reviewer within two days of seizure. The officer will book seized property as evidence with the notation in the comment section of the property form, “Seized Subject to Forfeiture.” Property seized subject to forfeiture should be booked on a separate property form. No other evidence from the case should be booked on this form. Photographs should be taken of items seized, particularly cash, jewelry and other valuable items. Copyright Lexipol, LLC 2024/03/28, All Rights Reserved. Asset Forfeiture - 484 Published with permission by Benicia Police Department Benicia Police Department Benicia PD Policy Manual Benicia PD Policy Manual Asset Forfeiture Officers who suspect property may be subject to seizure but are not able to seize the property (e.g., the property is located elsewhere, the whereabouts of the property is unknown, it is real estate, bank accounts, non-tangible assets) should document and forward the information in the appropriate report to the forfeiture reviewer. 606.5 MAINTAINING SEIZED PROPERTY The Evidence Room Supervisor is responsible for ensuring compliance with the following: (a) All property received for forfeiture is reasonably secured and properly stored to prevent waste and preserve its condition. (b) All property received for forfeiture is checked to determine if the property has been stolen. (c) All property received for forfeiture is retained in the same manner as evidence until forfeiture is finalized or the property is returned to the claimant or the person with an ownership interest. (d) Property received for forfeiture is not used unless the forfeiture action has been completed. 606.6 FORFEITURE REVIEWER The Chief of Police will appoint an officer as the forfeiture reviewer. Prior to assuming duties, or as soon as practicable thereafter, the forfeiture reviewer should attend a department-approved course on asset forfeiture. The responsibilities of the forfeiture reviewer include: (a) Remaining familiar with forfeiture laws, particularly Health and Safety Code § 11469 et seq. and Penal Code § 186.2 et seq. and the forfeiture policies of the forfeiture counsel. (b) Serving as the liaison between the Department and the forfeiture counsel and ensuring prompt legal review of all seizures. (c) Making reasonable efforts to obtain annual training that includes best practices in pursuing, seizing and tracking forfeitures. (d) Ensuring that property seized under state law is not referred or otherwise transferred to a federal agency seeking the property for federal forfeiture as prohibited by Health and Safety Code § 11471.2. (e) Ensuring that responsibilities, including the designation of a fiscal agent, are clearly established whenever multiple agencies are cooperating in a forfeiture case. (f) Ensuring that seizure forms are available and appropriate for department use. These should include notice forms, a receipt form and a checklist that provides relevant guidance to officers. The forms should be available in languages appropriate for the region and should contain spaces for: Copyright Lexipol, LLC 2024/03/28, All Rights Reserved. Asset Forfeiture - 485 Published with permission by Benicia Police Department Benicia Police Department Benicia PD Policy Manual Benicia PD Policy Manual Asset Forfeiture 1. Names and contact information for all relevant persons and law enforcement officers involved. 2. Information as to how ownership or other property interests may have been determined (e.g., verbal claims of ownership, titles, public records). 3. A space for the signature of the person from whom cash or property is being seized. 4. A tear-off portion or copy, which should be given to the person from whom cash or property is being seized, that includes the legal authority for the seizure, information regarding the process to contest the seizure and a detailed description of the items seized. (g) Ensuring that officers who may be involved in asset forfeiture receive training in the proper use of the seizure forms and the forfeiture process. The training should be developed in consultation with the appropriate legal counsel and may be accomplished through traditional classroom education, electronic media, Daily Training Bulletins (DTBs) or Department Directives. The training should cover this policy and address any relevant statutory changes and court decisions. (h) Reviewing each asset forfeiture case to ensure that: 1. Written documentation of the seizure and the items seized is in the case file. 2. Independent legal review of the circumstances and propriety of the seizure is made in a timely manner. 3. Notice of seizure has been given in a timely manner to those who hold an interest in the seized property (Health and Safety Code § 11488.4). 4. Property is promptly released to those entitled to its return (Health and Safety Code § 11488.2). 5. All changes to forfeiture status are forwarded to any supervisor who initiates a forfeiture case. 6. Any cash received is deposited with the fiscal agent. 7. Assistance with the resolution of ownership claims and the release of property to those entitled is provided. 8. Current minimum forfeiture thresholds are communicated appropriately to officers. 9. This policy and any related policies are periodically reviewed and updated to reflect current federal and state statutes and case law. Copyright Lexipol, LLC 2024/03/28, All Rights Reserved. Asset Forfeiture - 486 Published with permission by Benicia Police Department Benicia Police Department Benicia PD Policy Manual Benicia PD Policy Manual Asset Forfeiture (i) Ensuring that a written plan that enables the Chief of Police to address any extended absence of the forfeiture reviewer, thereby ensuring that contact information for other law enforcement officers and attorneys who may assist in these matters is available. (j) Ensuring that the process of selling or adding forfeited property to the department’s regular inventory is in accordance with all applicable laws and consistent with the department’s use and disposition of similar property. (k) Keeping a manual that details the statutory grounds for forfeitures and department procedures related to asset forfeiture, including procedures for prompt notice to interest holders, the expeditious release of seized property, where appropriate, and the prompt resolution of claims of innocent ownership (Heath and Safety Code § 11469). (l) Providing copies of seized business records to the person or business from whom such records were seized, when requested (Heath and Safety Code §11471). (m) Notifying the California Franchise Tax Board when there is reasonable cause to believe that the value of seized property exceeds $5,000.00 (Health and Safety Code § 11471.5). Forfeiture proceeds should be maintained in a separate fund or account subject to appropriate accounting control, with regular reviews or audits of all deposits and expenditures. Forfeiture reporting and expenditures should be completed in the manner prescribed by the law and City financial directives (Health and Safety Code § 11495). 606.7 DISPOSITION OF FORFEITED PROPERTY Forfeited funds distributed under Health and Safety Code § 11489 et seq. shall only be used for purposes allowed by law, but in no case shall a peace officer’s employment or salary depend upon the level of seizures or forfeitures he/she achieves (Heath and Safety Code § 11469). The Department may request a court order so that certain uncontaminated science equipment is relinquished to a school or school district for science classroom education in lieu of destruction (Health and Safety Code § 11473; Health and Safety Code § 11473.5). 606.7.1 RECEIVING EQUITABLE SHARES When participating in a joint investigation with a federal agency, the Benicia Police Department shall not receive an equitable share from the federal agency of all or a portion of the forfeiture proceeds absent either a required conviction under Health and Safety Code § 11471.2 or the flight, death or willful failure to appear of the defendant. This does not apply to forfeited cash or negotiable instruments of $40,000 or more. 606.8 CLAIM INVESTIGATIONS An investigation shall be made as to any claimant of a vehicle, boat or airplane whose right, title, interest or lien is on the record in the Department of Motor Vehicles or in an appropriate federal agency. If investigation reveals that any person, other than the registered owner, is the legal owner, and that ownership did not arise subsequent to the date and time of arrest or notification Copyright Lexipol, LLC 2024/03/28, All Rights Reserved. Asset Forfeiture - 487 Published with permission by Benicia Police Department Benicia Police Department Benicia PD Policy Manual Benicia PD Policy Manual Asset Forfeiture of the forfeiture proceedings or seizure of the vehicle, boat or airplane, notice shall be made to the legal owner at his/her address appearing on the records of the Department of Motor Vehicles or the appropriate federal agency (Health and Safety Code § 11488.4). Copyright Lexipol, LLC 2024/03/28, All Rights Reserved. Asset Forfeiture - 488 Published with permission by Benicia Police Department Policy Benicia Police Department 608 Benicia PD Policy Manual Informants 608.1 PURPOSE AND SCOPE The purpose of this policy is to provide guidelines for the use of informants. 608.1.1 DEFINITIONS Definitions related to this policy include: Informant - A person who covertly interacts with other individuals or suspects at the direction of, request of, or by agreement with, the Benicia Police Department for law enforcement purposes. This also includes a person agreeing to supply information to the Benicia Police Department for a benefit (e.g., a quid pro quo in the form of a reduced criminal penalty, money). 608.2 INFORMANT PAYMENTS No informant will be told in advance or given an exact amount or percentage for his/her service. The amount of funds to be paid to any informant will be evaluated against the following criteria: • The extent of the informant's personal involvement in the case • The significance, value or effect on crime • The value of assets seized • The quantity of the drugs or other contraband seized • The informant’s previous criminal activity • The level of risk taken by the informant The Investigations supervisor will discuss the above factors with the Services Lieutenant and recommend the type and level of payment subject to approval by the Chief of Police. 608.2.1 REPORTING OF PAYMENTS Each informant receiving a cash payment shall be advised of his/her responsibility to report the cash to the Internal Revenue Service (IRS) as income. If funds distributed exceed $600 in any reporting year, the informant should be provided IRS Form 1099 (26 CFR 1.6041-1). If such documentation or reporting may reveal the identity of the informant and by doing so jeopardize any investigation, the safety of officers or the safety of the informant (26 CFR 1.6041-3), then IRS Form 1099 should not be issued. In such cases, the informant shall be provided a letter identifying the amount he/she must report on a tax return as “other income” and shall be required to provide a signed acknowledgement of receipt of the letter. The completed acknowledgement form and a copy of the letter shall be retained in the informant’s file. 608.2.2 PAYMENT PROCESS Approved payments to an informant should be in cash using the following process: Copyright Lexipol, LLC 2024/03/28, All Rights Reserved. Informants - 489 Published with permission by Benicia Police Department Benicia Police Department Benicia PD Policy Manual Benicia PD Policy Manual Informants (a) Payments of $500 and under may be paid in cash from aninvestigations buy/expense fund. (a) The investigations supervisor shall sign the voucher for cash payouts from the buy/expense fund. (b) Payments exceeding $500 shall be made by issuance of a check, payable to the officer who will be delivering the payment. (a) The check shall list the case numbers related to and supporting the payment. (b) A written statement of the informant's involvement in the case shall be placed in the informant's file. (c) The statement shall be signed by the informant verifying the statement as a true summary of his/her actions in the case. (d) Authorization signatures from the Chief of Police and the City Manager are required for disbursement of the funds. (c) To complete the payment process for any amount, the officer delivering the payment shall complete a cash transfer form. 1. The cash transfer form shall include the following: (a) Date (b) Payment amount (c) Benicia Police Department case number (d) A statement that the informant is receiving funds in payment for information voluntarily rendered. 2. The cash transfer form shall be signed by the informant. 3. The cash transfer form will be kept in the informant's file. 608.2.3 AUDIT OF PAYMENTS The Investigations supervisor or the authorized designee shall be responsible for compliance with any audit requirements associated with grant provisions and applicable state and federal law. At least once every six months, the Chief of Police or the authorized designee should conduct an audit of all informant funds for the purpose of accountability and security of the funds. The funds and related documents (e.g., buy/expense fund records, cash transfer forms, invoices, receipts and logs) will assist with the audit process. 608.3 INFORMANT INTEGRITY To maintain the integrity of the informant process, the following must be adhered to: (a) The identity of an informant acting in a confidential capacity shall not be withheld from the Chief of Police, Services Lieutenant, Investigations supervisor or their authorized designees. 1. Identities of informants acting in a confidential capacity shall otherwise be kept confidential. Copyright Lexipol, LLC 2024/03/28, All Rights Reserved. Informants - 490 Published with permission by Benicia Police Department Benicia Police Department Benicia PD Policy Manual Benicia PD Policy Manual Informants (b) Criminal activity by informants shall not be condoned. (c) Informants shall be told they are not acting as police officers, employees or agents of the Benicia Police Department, and that they shall not represent themselves as such. (d) The relationship between department members and informants shall always be ethical and professional. (a) Members shall not become intimately involved with an informant. (b) Social contact shall be avoided unless it is necessary to conduct an official investigation, and only with prior approval of the investigations supervisor. (c) Members shall neither solicit nor accept gratuities or engage in any private business transaction with an informant. (e) Officers shall not meet with informants in a private place unless accompanied by at least one additional officer or with prior approval of the investigations supervisor. (a) Officers may meet informants alone in an occupied public place, such as a restaurant. (f) When contacting informants for the purpose of making payments, officers shall arrange for the presence of another officer. (g) In all instances when department funds are paid to informants, a voucher shall be completed in advance, itemizing the expenses. (h) Since the decision rests with the appropriate prosecutor, officers shall not promise that the informant will receive any form of leniency or immunity from criminal prosecution. 608.3.1 UNSUITABLE INFORMANTS The suitability of any informant should be considered before engaging him/her in any way in a covert or other investigative process. Members who become aware that an informant may be unsuitable will notify the supervisor, who will initiate a review to determine suitability. Until a determination has been made by a supervisor, the informant should not be used by any member. The supervisor shall determine whether the informant should be used by the department and, if so, what conditions will be placed on his/her participation or any information the informant provides. The supervisor shall document the decision and conditions in file notes and mark the file “unsuitable” when appropriate. Considerations for determining whether an informant is unsuitable include, but are not limited to, the following: (a) The informant has provided untruthful or unreliable information in the past. (b) The informant behaves in a way that may endanger the safety of an officer. (c) The informant reveals to suspects the identity of an officer or the existence of an investigation. (d) The informant appears to be using his/her affiliation with this department to further criminal objectives. Copyright Lexipol, LLC 2024/03/28, All Rights Reserved. Informants - 491 Published with permission by Benicia Police Department Benicia Police Department Benicia PD Policy Manual Benicia PD Policy Manual Informants (e) The informant creates officer-safety issues by providing information to multiple law enforcement agencies simultaneously, without prior notification and approval of each agency. (f) The informant engages in any other behavior that could jeopardize the safety of officers or the integrity of a criminal investigation. (g) The informant commits criminal acts subsequent to entering into an informant agreement. 608.4 INFORMANT FILES Informant files shall be utilized as a source of background information about the informant, to enable review and evaluation of information provided by the informant, and to minimize incidents that could be used to question the integrity of department members or the reliability of the informant. Informant files shall be maintained in a secure area within the investigations unit. The investigations supervisor or the authorized designee shall be responsible for maintaining informant files. Access to the informant files shall be restricted to the Chief of Police, Services Lieutenant, Investigations supervisor or their authorized designees. The Services Lieutenant should arrange for an audit using a representative sample of randomly selected informant files on a periodic basis, but no less than one time per year. If the investigations supervisor is replaced, the files will be audited before the new supervisor takes over management of the files. The purpose of the audit is to ensure compliance with file content and updating provisions of this policy. The audit should be conducted by a supervisor who does not have normal access to the informant files. 608.4.1 FILE SYSTEM PROCEDURE A separate file shall be maintained on each informant and shall be coded with an assigned informant control number. An informant history that includes the following information shall be prepared for each file: (a) Name and aliases (b) Date of birth (c) Physical description: sex, race, height, weight, hair color, eye color, scars, tattoos or other distinguishing features (d) Photograph (e) Current home address and telephone numbers (f) Current employers, positions, addresses and telephone numbers (g) Vehicles owned and registration information (h) Places frequented (i) Briefs of information provided by the informant and his/her subsequent reliability Copyright Lexipol, LLC 2024/03/28, All Rights Reserved. Informants - 492 Published with permission by Benicia Police Department Benicia Police Department Benicia PD Policy Manual Benicia PD Policy Manual Informants 1. If an informant is determined to be unsuitable, the informant's file is to be marked "unsuitable" and notations included detailing the issues that caused this classification. (j) Name of the officer initiating use of the informant (k) Signed informant agreement (l) Update on active or inactive status of informant 608.5 USE OF INFORMANTS 608.5.1 INITIAL APPROVAL Before using an individual as an informant, an officer must receive approval from his/her supervisor. The officer shall compile sufficient information through a background investigation and experience with the informant in order to determine the suitability of the individual, including age, maturity and risk of physical harm, as well as any indicators of his/her reliability and credibility. Members of this department should not guarantee absolute safety or confidentiality to an informant. 608.5.2 JUVENILE INFORMANTS The use of informants under the age of 13 is prohibited. Except for the enforcement of laws related to the commercial sale of alcohol, marijuana or tobacco products, a juvenile 13 years of age or older may only be used as an informant with the written consent of each of the following: (a) The juvenile’s parents or legal guardians (b) The juvenile’s attorney, if any (c) The court in which the juvenile’s case is being handled, if applicable (Penal Code § 701.5) (d) The Chief of Police or the authorized designee 608.5.3 INFORMANT AGREEMENTS All informants are required to sign and abide by the provisions of the designated department informant agreement. The officer using the informant shall discuss each of the provisions of the agreement with the informant. Details of the agreement are to be approved in writing by a supervisor before being finalized with the informant. 608.6 POLICY The Benicia Police Department recognizes the value of informants to law enforcement efforts and will strive to protect the integrity of the informant process. It is the policy of this department that all funds related to informant payments will be routinely audited and that payments to informants will be made according to the criteria outlined in this policy. Copyright Lexipol, LLC 2024/03/28, All Rights Reserved. Informants - 493 Published with permission by Benicia Police Department Policy Benicia Police Department 610 Benicia PD Policy Manual Eyewitness Identification 610.1 PURPOSE AND SCOPE This policy sets forth guidelines to be used when members of this [department/office] employ eyewitness identification techniques (Penal Code § 859.7). 610.1.1 DEFINITIONS Definitions related to the policy include: Eyewitness identification process - Any field identification, live lineup or photographic identification. Field identification - A live presentation of a single individual to a witness following the commission of a criminal offense for the purpose of identifying or eliminating the person as the suspect. Live lineup - A live presentation of individuals to a witness for the purpose of identifying or eliminating an individual as the suspect. Photographic lineup - Presentation of photographs to a witness for the purpose of identifying or eliminating an individual as the suspect. 610.2 POLICY The Benicia Police Department will strive to use eyewitness identification techniques, when appropriate, to enhance the investigative process and will emphasize identifying persons responsible for crime and exonerating the innocent. 610.3 INTERPRETIVE SERVICES Members should make a reasonable effort to arrange for an interpreter before proceeding with eyewitness identification if communication with a witness is impeded due to language or hearing barriers. Before the interpreter is permitted to discuss any matter with the witness, the investigating member should explain the identification process to the interpreter. Once it is determined that the interpreter comprehends the process and can explain it to the witness, the eyewitness identification may proceed as provided for within this policy. 610.4 EYEWITNESS IDENTIFICATION PROCESS AND FORM The Investigation Division supervisor shall be responsible for the development and maintenance of an eyewitness identification process for use by members when they are conducting eyewitness identifications. The process should include appropriate forms or reports that provide (Penal Code § 859.7): (a) The date, time and location of the eyewitness identification procedure. (b) The name and identifying information of the witness. Copyright Lexipol, LLC 2024/03/28, All Rights Reserved. Eyewitness Identification - 494 Published with permission by Benicia Police Department Benicia Police Department Benicia PD Policy Manual Benicia PD Policy Manual Eyewitness Identification (c) The name of the person administering the identification procedure. (d) If applicable, the names of all of the individuals present during the identification procedure. (e) An instruction to the witness that it is as important to exclude innocent persons as it is to identify a perpetrator. (f) An instruction to the witness that the perpetrator may or may not be among those presented and that the witness is not obligated to make an identification. (g) If the identification process is a photographic or live lineup, an instruction to the witness that the perpetrator may not appear exactly as he/she did on the date of the incident. (h) An instruction to the witness that the investigation will continue regardless of whether an identification is made by the witness. (i) A signature line where the witness acknowledges that he/she understands the identification procedures and instructions. (j) A statement from the witness in the witness's own words describing how certain he/ she is of the identification or non-identification. This statement should be taken at the time of the identification procedure. (k) Any other direction to meet the requirements of Penal Code § 859.7, including direction regarding blind or blinded administrations and filler selection. The process and related forms should be reviewed at least annually and modified when necessary. 610.5 EYEWITNESS IDENTIFICATION Members are cautioned not to, in any way, influence a witness as to whether any subject or photo presented in a lineup is in any way connected to the case. Members should avoid mentioning that: • The individual was apprehended near the crime scene. • The evidence points to the individual as the suspect. • Other witnesses have identified or failed to identify the individual as the suspect. In order to avoid undue influence, witnesses should view suspects or a lineup individually and outside the presence of other witnesses. Witnesses should be instructed to avoid discussing details of the incident or of the identification process with other witnesses. The eyewitness identification procedure should be audio and video recorded and the recording should be retained according to current evidence procedures. When it is not feasible to make a recording with both audio and visual representations, an audio recording should be made (Penal Code § 859.7). 610.6 DOCUMENTATION A thorough description of the eyewitness process and the result of any eyewitness identification should be documented in the case report. Copyright Lexipol, LLC 2024/03/28, All Rights Reserved. Eyewitness Identification - 495 Published with permission by Benicia Police Department Benicia Police Department Benicia PD Policy Manual Benicia PD Policy Manual Eyewitness Identification If a photographic lineup is utilized, a copy of the photographic lineup presented to the witness should be included in the case report. In addition, the order in which the photographs were presented to the witness should be documented in the case report. 610.6.1 DOCUMENTATION RELATED TO RECORDINGS The handling member shall document the reason that a video recording or any other recording of an identification was not obtained (Penal Code § 859.7). 610.6.2 DOCUMENTATION RELATED TO BLIND ADMINISTRATION If a presentation of a lineup is not conducted using blind administration, the handling member shall document the reason (Penal Code § 859.7). 610.7 PHOTOGRAPHIC LINEUP AND LIVE LINEUP CONSIDERATIONS When practicable, the member presenting the lineup should not be involved in the investigation of the case or know the identity of the suspect. In no case should the member presenting a lineup to a witness know which photograph or person in the lineup is being viewed by the witness (Penal Code § 859.7). Techniques to achieve this include randomly numbering photographs, shuffling folders, or using a computer program to order the persons in the lineup. Individuals in the lineup should reasonably match the description of the perpetrator provided by the witness and should bear similar characteristics to avoid causing any person to unreasonably stand out. In cases involving multiple suspects, a separate lineup should be conducted for each suspect. The suspects should be placed in a different order within each lineup (Penal Code § 859.7). The member presenting the lineup should do so sequentially (i.e., show the witness one person at a time) and not simultaneously. The witness should view all persons in the lineup. A live lineup should only be used before criminal proceedings have been initiated against the suspect. If there is any question as to whether any criminal proceedings have begun, the investigating member should contact the appropriate prosecuting attorney before proceeding. 610.7.1 OTHER SAFEGUARDS Witnesses should be asked for suspect descriptions as close in time to the incident as possible and before conducting an eyewitness identification. No information concerning a suspect should be given prior to obtaining a statement from the witness describing how certain he/she is of the identification or non-identification. Members should not say anything to a witness that that may validate or invalidate an eyewitness’ identification. In photographic lineups, writings or information concerning any previous arrest of a suspect shall not be visible to the witness (Penal Code § 859.7). 610.8 FIELD IDENTIFICATION CONSIDERATIONS Field identifications, also known as field elimination show-ups or one-on-one identifications, may be helpful in certain cases, where exigent circumstances make it impracticable to conduct a photo or live lineup identifications. A field elimination show-up or one-on-one identification should not be Copyright Lexipol, LLC 2024/03/28, All Rights Reserved. Eyewitness Identification - 496 Published with permission by Benicia Police Department Benicia Police Department Benicia PD Policy Manual Benicia PD Policy Manual Eyewitness Identification used when independent probable cause exists to arrest a suspect. In such cases a live or photo lineup is the preferred course of action if eyewitness identification is contemplated. When initiating a field identification, the member should observe the following guidelines: (a) Obtain a complete description of the suspect from the witness. (b) Assess whether a witness should be included in a field identification process by considering: 1. The length of time the witness observed the suspect. 2. The distance between the witness and the suspect. 3. Whether the witness could view the suspect’s face. 4. The quality of the lighting when the suspect was observed by the witness. 5. Whether there were distracting noises or activity during the observation. 6. Any other circumstances affecting the witness’s opportunity to observe the suspect. 7. The length of time that has elapsed since the witness observed the suspect. (c) If safe and practicable, the person who is the subject of the show-up should not be handcuffed or in a patrol vehicle. (d) When feasible, members should bring the witness to the location of the subject of the show-up, rather than bring the subject of the show-up to the witness. (e) The person who is the subject of the show-up should not be shown to the same witness more than once. (f) In cases involving multiple suspects, witnesses should only be permitted to view the subjects of the show-up one at a time. (g) The person who is the subject of the show-up should not be required to put on clothing worn by the suspect, to speak words uttered by the suspect or to perform other actions mimicking those of the suspect. (h) If a witness positively identifies a subject of the show-up as the suspect, members should not conduct any further field identifications with other witnesses for that suspect. In such instances members should document the contact information for any additional witnesses for follow up, if necessary. Copyright Lexipol, LLC 2024/03/28, All Rights Reserved. Eyewitness Identification - 497 Published with permission by Benicia Police Department Policy Benicia Police Department 612 Benicia PD Policy Manual Brady Material Disclosure 612.1 PURPOSE AND SCOPE This policy establishes guidelines for identifying and releasing potentially exculpatory or impeachment information (so-called “Brady information”) to a prosecuting attorney. 612.1.1 DEFINITIONS Definitions related to this policy include: Brady information -Information known or possessed by the Benicia Police Department that is both favorable and material to the current prosecution or defense of a criminal defendant. 612.2 POLICY The Benicia Police Department will conduct fair and impartial criminal investigations and will provide the prosecution with both incriminating and exculpatory evidence, as well as information that may adversely affect the credibility of a witness. In addition to reporting all evidence of guilt, the Benicia Police Department will assist the prosecution by complying with its obligation to disclose information that is both favorable and material to the defense. The [Department/Office] will identify and disclose to the prosecution potentially exculpatory information, as provided in this policy. 612.3 DISCLOSURE OF INVESTIGATIVE INFORMATION Officers must include in their investigative reports adequate investigative information and reference to all material evidence and facts that are reasonably believed to be either incriminating or exculpatory to any individual in the case. If an officer learns of potentially incriminating or exculpatory information any time after submission of a case, the officer or the handling investigator must prepare and submit a supplemental report documenting such information as soon as practicable. Supplemental reports shall be promptly processed and transmitted to the prosecutor’s office. If information is believed to be privileged or confidential (e.g., confidential informant or attorney- client information, attorney work product), the officer should discuss the matter with a supervisor and/or prosecutor to determine the appropriate manner in which to proceed. Evidence or facts are considered material if there is a reasonable probability that they would affect the outcome of a criminal proceeding or trial. Determining whether evidence or facts are material often requires legal or even judicial review. If an officer is unsure whether evidence or facts are material, the officer should address the issue with a supervisor. Supervisors who are uncertain about whether evidence or facts are material should address the issue in a written memo to an appropriate prosecutor. A copy of the memo should be retained in the [Department/Office] case file. Copyright Lexipol, LLC 2024/03/28, All Rights Reserved. Brady Material Disclosure - 498 Published with permission by Benicia Police Department Benicia Police Department Benicia PD Policy Manual Benicia PD Policy Manual Brady Material Disclosure 612.4 DISCLOSURE OF PERSONNEL INFORMATION Whenever it is determined that Brady information is located in the personnel file of a member of this [department/office] who is a material witness in a criminal case, the following procedure shall apply: (a) In the event that a Pitchess motion has not already been filed by the criminal defendant or other party pursuant to Evidence Code § 1043, the prosecuting attorney shall be notified of the potential presence of Brady information in the officer’s personnel file. (b) The prosecuting attorney should then be requested to file a Pitchess motion in order to initiate an in-camera review by the court. (c) Any member who is the subject of such a motion shall be notified in writing that a motion has been filed. (d) The Custodian of Records shall accompany all relevant files during any in-camera inspection and address any issues or questions raised by the court in determining whether any information contained in the files is both material and favorable to the criminal defendant. (e) If the court determines that there is relevant Brady information contained in the files, only that information ordered released will be copied and released to the parties filing the motion. 1. Prior to the release of any information pursuant to this process, the Custodian of Records should request a protective order from the court limiting the use of such information to the involved case and requiring the return of all copies upon completion of the case. 612.5 INVESTIGATING BRADY ISSUES If the [Department/Office] receives information from any source that a member may have issues of credibility, dishonesty or has been engaged in an act of moral turpitude or criminal conduct, the information shall be investigated and processed in accordance with the Personnel Complaints Policy. 612.6 TRAINING [Department/Office] members should receive periodic training on the requirements of this policy. Copyright Lexipol, LLC 2024/03/28, All Rights Reserved. Brady Material Disclosure - 499 Published with permission by Benicia Police Department Policy Benicia Police Department 613 Benicia PD Policy Manual Warrant Service 613.1 PURPOSE AND SCOPE This policy establishes guidelines for the planning and serving of arrest and search warrants by members of this department. It is understood that this policy cannot address every variable or circumstance that can arise in the service of a search or arrest warrant, as these tasks can involve rapidly evolving and unique circumstances. This policy is intended to be used in conjunction with the Operations Planning and Deconfliction Policy, which has additional guidance on planning and serving high-risk warrants. This policy is not intended to address the service of search warrants on locations or property already secured or routine field warrant arrests by patrol officers. 613.2 POLICY It is the policy of the Benicia Police Department to balance the safety needs of the public, the safety of department members, privacy interests and other relevant factors when making decisions related to the service of search and arrest warrants. 613.3 OPERATIONS DIRECTOR The operations director (see the Operations Planning and Deconfliction Policy) shall review all risk assessment forms with the involved supervisor to determine the risk level of the warrant service. The operations director will also have the responsibility to coordinate service of those warrants that are categorized as high risk. Deconfliction, risk assessment, operational planning, briefing and debriefing should follow guidelines in the Operations Planning and Deconfliction Policy. 613.4 SEARCH WARRANTS Officers should receive authorization from a supervisor before preparing a search warrant application. Once authorization is received, the officer will prepare the affidavit and search warrant, consulting with the applicable prosecuting attorney as needed. He/she will also complete the risk assessment form and submit it, along with the warrant affidavit, to the appropriate supervisor and the operations director for review and classification of risk (see the Operations Planning and Deconfliction Policy). 613.5 ARREST WARRANTS If an officer reasonably believes that serving an arrest warrant may pose a higher risk than commonly faced on a daily basis, the officer should complete the risk assessment form and submit it to the appropriate supervisor and the operations director for review and classification of risk (see the Operations Planning and Deconfliction Policy). If the warrant is classified as high risk, service will be coordinated by the operations director. If the warrant is not classified as high risk, the supervisor should weigh the risk of entry into a residence to make an arrest against other alternatives, such as arresting the person outside the residence where circumstances may pose a lower risk. Copyright Lexipol, LLC 2024/03/28, All Rights Reserved. Warrant Service - 500 Published with permission by Benicia Police Department Benicia Police Department Benicia PD Policy Manual Benicia PD Policy Manual Warrant Service 613.6 WARRANT PREPARATION If an officer reasonably believes that serving an arrest warrant may pose a higher risk than commonly faced on a daily basis, the officer should complete the risk assessment form and submit it to the appropriate supervisor and the operations director for review and classification of risk (see the Operations Planning and Deconfliction Policy). If the warrant is classified as high risk, service will be coordinated by the operations director. If the warrant is not classified as high risk, the supervisor should weigh the risk of entry into a residence to make an arrest against other alternatives, such as arresting the person outside the residence where circumstances may pose a lower risk. 613.7 HIGH-RISK WARRANT SERVICE The operations director or the authorized designee shall coordinate the service of warrants that are categorized as high risk and shall have sole authority in determining the manner in which the warrant will be served, including the number of officers deployed. The member responsible for directing the service should ensure the following as applicable: (a) When practicable and when doing so does not cause unreasonable risk, video or photographic documentation is made of the condition of the location prior to execution of a search warrant. The images should include the surrounding area and persons present. (b) The warrant service is audio- and video-recorded when practicable and reasonable to do so. (c) Evidence is handled and collected only by those members who are designated to do so. All other members involved in the service of the warrant should alert one of the designated members to the presence of potential evidence and not touch or disturb the items. (d) Reasonable efforts are made during the search to maintain or restore the condition of the location. (e) Persons who are detained as part of the warrant service are handled appropriately under the circumstances. (f) Reasonable care provisions are made for children and dependent adults (see the Child and Dependent Adult Safety Policy). (g) A list is made of all items seized and a copy provided to the person in charge of the premises if present or otherwise left in a conspicuous place. (h) A copy of the search warrant is left at the location. (i) The condition of the property is documented with video recording or photographs after the search. 613.8 DETENTIONS DURING WARRANT SERVICE Officers must be sensitive to the safety risks of all persons involved with the service of a warrant. Depending on circumstances and facts present, it may be appropriate to control movements of Copyright Lexipol, LLC 2024/03/28, All Rights Reserved. Warrant Service - 501 Published with permission by Benicia Police Department Benicia Police Department Benicia PD Policy Manual Benicia PD Policy Manual Warrant Service any or all persons present at a warrant service, including those who may not be the subject of a warrant or suspected in the case. However, officers must be mindful that only reasonable force may be used and weapons should be displayed no longer than the officer reasonably believes is necessary (see the Use of Force Policy). As soon as it can be determined that an individual is not subject to the scope of a warrant and that no further reasonable suspicion or safety concerns exist to justify further detention, the person should be promptly released. Officers should, when and to the extent reasonable, accommodate the privacy and personal needs of people who have been detained. 613.9 ACTIONS AFTER WARRANT SERVICE The supervisor shall ensure that all affidavits, warrants, receipts and returns, regardless of any associated cases, are filed with the issuing judge or magistrate as soon as reasonably possible, but in any event no later than any date specified on the warrant. 613.10 OUTSIDE AGENCIES AND CROSS-JURISDICTIONAL WARRANTS The operations director will ensure that cooperative efforts with other agencies in the service of warrants conform to existing mutual aid agreements or other memorandums of understanding and will work cooperatively to mitigate risks including, but not limited to, the following: • Identity of team members • Roles and responsibilities • Familiarity with equipment • Rules of engagement • Asset forfeiture procedures Any outside agency requesting assistance in the service of a warrant within this jurisdiction should be referred to the operations director. The director should review and confirm the warrant, including the warrant location, and should discuss the service with the appropriate supervisor from the other agency. The director should ensure that members of the Benicia Police Department are utilized appropriately. Any concerns regarding the requested use of Benicia Police Department members should be brought to the attention of the Chief of Police or the authorized designee. The actual service of the warrant will remain the responsibility of the agency requesting assistance. If the operations director is unavailable, the Supervisor should assume this role. If officers intend to serve a warrant outside Benicia Police Department jurisdiction, the operations director should provide reasonable advance notice to the applicable agency, request assistance as needed and work cooperatively on operational planning and the mitigation of risks detailed in this policy. Officers will remain subject to the policies of the Benicia Police Department when assisting outside agencies or serving a warrant outside Benicia Police Department jurisdiction. Copyright Lexipol, LLC 2024/03/28, All Rights Reserved. Warrant Service - 502 Published with permission by Benicia Police Department Benicia Police Department Benicia PD Policy Manual Benicia PD Policy Manual Warrant Service 613.11 MEDIA ACCESS No advance information regarding warrant service operations shall be released without the approval of the Chief of Police. Any media inquiries or press release after the fact shall be handled in accordance with the News Media Relations Policy. 613.12 TRAINING The Training Sergeant should ensure officers receive periodic training on this policy and associated topics, such as legal issues, warrant preparation, warrant service and reporting requirements. Copyright Lexipol, LLC 2024/03/28, All Rights Reserved. Warrant Service - 503 Published with permission by Benicia Police Department Policy Benicia Police Department 614 Benicia PD Policy Manual Operations Planning and Deconfliction 614.1 PURPOSE AND SCOPE This policy provides guidelines for planning, deconfliction and execution of high-risk operations. Additional guidance on planning and serving high-risk warrants is provided in the Warrant Service Policy. 614.1.1 DEFINITIONS Definitions related to this policy include: High-risk operations - Operations, including service of search and arrest warrants and sting operations, that are likely to present higher risks than are commonly faced by officers on a daily basis, including suspected fortified locations, reasonable risk of violence or confrontation with multiple persons, or reason to suspect that persons anticipate the operation. 614.2 POLICY It is the policy of the Benicia Police Department to properly plan and carry out high-risk operations, including participation in a regional deconfliction system, in order to provide coordination, enhance the safety of members and the public, decrease the risk of compromising investigations and prevent duplicating efforts. 614.3 OPERATIONS DIRECTOR The Chief of Police will designate a member of this [department/office] to be the operations director. The operations director will develop and maintain a risk assessment form to assess, plan and coordinate operations. This form should provide a process to identify high-risk operations. The operations director will review risk assessment forms with involved supervisors to determine whether a particular incident qualifies as a high-risk operation. The director will also have the responsibility for coordinating operations that are categorized as high risk. 614.4 RISK ASSESSMENT 614.4.1 RISK ASSESSMENT FORM PREPARATION Officers assigned as operational leads for any operation that may qualify as a high-risk operation shall complete a risk assessment form. When preparing the form, the officer should query all relevant and reasonably available intelligence resources for information about the subject of investigation, others who may be present and the involved location. These sources may include regional intelligence and criminal justice databases, target deconfliction systems, firearm records, commercial databases and property records. Where appropriate, the officer should also submit information to these resources. The officer should gather available information that includes, but is not limited to: Copyright Lexipol, LLC 2024/03/28, All Rights Reserved. Operations Planning and Deconfliction - 504 Published with permission by Benicia Police Department Benicia Police Department Benicia PD Policy Manual Benicia PD Policy Manual Operations Planning and Deconfliction (a) Photographs, including aerial photographs, if available, of the involved location, neighboring yards and obstacles. (b) Maps of the location. (c) Diagrams of any property and the interior of any buildings that are involved. (d) Historical information about the subject of investigation (e.g., history of weapon possession or use, known mental illness, known drug use, threats against police, gang affiliation, criminal history). (e) Historical information about others who may be present at the location (e.g., other criminals, innocent third parties, dependent adults, children, animals). (f) Obstacles associated with the location (e.g., fortification, booby traps, reinforced doors/windows, surveillance measures, number and type of buildings, geographic and perimeter barriers, the number and types of weapons likely to be present, information that suggests the presence of explosives, chemicals or other hazardous materials, the potential for multiple dwellings or living spaces, availability of keys/door combinations). (g) Other environmental factors (e.g., nearby venues such as schools and day care centers, proximity of adjacent homes or other occupied buildings, anticipated pedestrian and vehicle traffic at the time of service). (h) Other available options that may minimize the risk to officers and others (e.g., making an off-site arrest or detention of the subject of investigation). 614.4.2 RISK ASSESSMENT REVIEW Officers will present the risk assessment form and other relevant documents (such as copies of search warrants and affidavits and arrest warrants) to their supervisor and the operations director. The supervisor and operations director shall confer and determine the level of risk. Supervisors should take reasonable actions if there is a change in circumstances that elevates the risks associated with the operation. 614.4.3 HIGH-RISK OPERATIONS If the operations director, after consultation with the involved supervisor, determines that the operation is high risk, the operations director should: (a) Determine what resources will be needed at the location, and contact and/or place on standby any of the following appropriate and available resources: 1. ([CRU]) 2. Additional personnel 3. Outside agency assistance 4. Special equipment 5. Medical personnel 6. Persons trained in negotiation 7. Additional surveillance Copyright Lexipol, LLC 2024/03/28, All Rights Reserved. Operations Planning and Deconfliction - 505 Published with permission by Benicia Police Department Benicia Police Department Benicia PD Policy Manual Benicia PD Policy Manual Operations Planning and Deconfliction 8. Canines 9. Evidence Room or analytical personnel to assist with cataloguing seizures 10. Forensic specialists 11. Specialized mapping for larger or complex locations (b) Contact the appropriate [department/office] members or other agencies as warranted to begin preparation. (c) Ensure that all legal documents such as search warrants are complete and have any modifications reasonably necessary to support the operation. (d) Coordinate the actual operation. 614.5 DECONFLICTION Deconfliction systems are designed to identify persons and locations associated with investigations or law enforcement operations and alert participating agencies when others are planning or conducting operations in close proximity or time or are investigating the same individuals, groups or locations. The officer who is the operations lead shall ensure the subject of investigation and operations information have been entered in an applicable deconfliction system to determine if there is reported conflicting activity. This should occur as early in the process as practicable, but no later than two hours prior to the commencement of the operation. The officer should also enter relevant updated information when it is received. If any conflict is discovered, the supervisor will contact the involved jurisdiction and resolve the potential conflict before proceeding. 614.6 OPERATIONS PLAN The operations director should ensure that a written operations plan is developed for all high-risk operations. Plans should also be considered for other operations that would benefit from having a formal plan. The plan should address such issues as: (a) Operation goals, objectives, and strategies. (b) Operation location and people: 1. The subject of investigation (e.g., history of weapon possession/use, known mental illness issues, known drug use, threats against police, gang affiliation, criminal history) 2. The location (e.g., fortification, booby traps, reinforced doors/windows, surveillance cameras and/or lookouts, number/type of buildings, geographic and perimeter barriers, the number and types of weapons likely to be present, information that suggests the presence of explosives, chemicals or other hazardous materials, the potential for multiple dwellings or living spaces, Copyright Lexipol, LLC 2024/03/28, All Rights Reserved. Operations Planning and Deconfliction - 506 Published with permission by Benicia Police Department Benicia Police Department Benicia PD Policy Manual Benicia PD Policy Manual Operations Planning and Deconfliction availability of keys/door combinations), including aerial photos, if available, and maps of neighboring yards and obstacles, diagrams and other visual aids 3. Other environmental factors (e.g., nearby venues such as schools and day care centers, proximity of adjacent homes or other occupied buildings, anticipated pedestrian and vehicle traffic at the time of service) 4. Identification of other people who may be present in or around the operation, such as other criminal suspects, innocent third parties, and children (c) Information from the risk assessment form by attaching a completed copy in the operational plan. 1. The volume or complexity of the information may indicate that the plan includes a synopsis of the information contained on the risk assessment form to ensure clarity and highlighting of critical information. (d) Participants and their roles. 1. An adequate number of uniformed officers should be included in the operation team to provide reasonable notice of a legitimate law enforcement operation. 2. How all participants will be identified as law enforcement. (e) Whether deconfliction submissions are current and all involved individuals, groups, and locations have been deconflicted to the extent reasonably practicable. (f) Identification of all communications channels and call-signs. (g) Use of force issues. (h) Contingencies for handling medical emergencies (e.g., services available at the location, closest hospital, closest trauma center). (i) Plans for detaining people who are not under arrest. (j) Contingencies for handling children, dependent adults, animals, and other people who might be at the location in accordance with the Child Abuse, Senior and Disability Victimization, Child and Dependent Adult Safety, and Animal Control policies. (k) Communications plan. (l) Responsibilities for writing, collecting, reviewing, and approving reports. 614.6.1 OPERATIONS PLAN RETENTION Since the operations plan contains intelligence information and descriptions of law enforcement tactics, it shall not be filed with the report. The operations plan shall be stored separately and retained in accordance with the established records retention schedule. 614.7 OPERATIONS BRIEFING A briefing should be held prior to the commencement of any high-risk operation to allow all participants to understand the operation, see and identify each other, identify roles and responsibilities and ask questions or seek clarification as needed. Anyone who is not present at the briefing should not respond to the operation location without specific supervisory approval. Copyright Lexipol, LLC 2024/03/28, All Rights Reserved. Operations Planning and Deconfliction - 507 Published with permission by Benicia Police Department Benicia Police Department Benicia PD Policy Manual Benicia PD Policy Manual Operations Planning and Deconfliction (a) The briefing should include a verbal review of plan elements, using visual aids, to enhance the participants’ understanding of the operations plan. (b) All participants should be provided a copy of the operations plan and search warrant, if applicable. Participating personnel should be directed to read the search warrant and initial a copy that is retained with the operation plan. Any items to be seized should be identified at the briefing. (c) The operations director shall ensure that all participants are visually identifiable as law enforcement officers. 1. Exceptions may be made by the operations director for officers who are conducting surveillance or working under cover. However, those members exempt from visual identification should be able to transition to a visible law enforcement indicator at the time of enforcement actions, such as entries or arrests, if necessary. (d) The briefing should include details of the communications plan. 1. It is the responsibility of the operations director to ensure that Dispatch is notified of the time and location of the operation, and to provide a copy of the operation plan prior to officers arriving at the location. 2. If the radio channel needs to be monitored by Dispatch, the dispatcher assigned to monitor the operation should attend the briefing, if practicable, but at a minimum should receive a copy of the operation plan. 3. The briefing should include a communications check to ensure that all participants are able to communicate with the available equipment on the designated radio channel. 614.8 [CRU] PARTICIPATION If the operations director determines that [CRU] participation is appropriate, the director and the [CRU] supervisor shall work together to develop a written plan. The [CRU] supervisor shall assume operational control until all persons at the scene are appropriately detained and it is safe to begin a search. When this occurs, the [CRU] supervisor shall transfer control of the scene to the handling supervisor. This transfer should be communicated to the officers present. 614.9 MEDIA ACCESS No advance information regarding planned operations shall be released without the approval of the Chief of Police. Any media inquiries or press release after the fact shall be handled in accordance with the Media Relations Policy. 614.10 OPERATIONS DEBRIEFING High-risk operations should be debriefed as soon as reasonably practicable. The debriefing should include as many participants as possible. This debrief may be separate from any [CRU] debriefing. 614.11 TRAINING The Training Sergeant should ensure officers and [CRU] team members who participate in operations subject to this policy should receive periodic training including, but not limited to, Copyright Lexipol, LLC 2024/03/28, All Rights Reserved. Operations Planning and Deconfliction - 508 Published with permission by Benicia Police Department Benicia Police Department Benicia PD Policy Manual Benicia PD Policy Manual Operations Planning and Deconfliction topics such as legal issues, deconfliction practices, operations planning concepts and reporting requirements. Copyright Lexipol, LLC 2024/03/28, All Rights Reserved. Operations Planning and Deconfliction - 509 Published with permission by Benicia Police Department Benicia Police Department Benicia PD Policy Manual Chapter 7 - Equipment Copyright Lexipol, LLC 2024/03/28, All Rights Reserved. Equipment - 510 Published with permission by Benicia Police Department Policy Benicia Police Department 700 Benicia PD Policy Manual Department Owned and Personal Property 700.1 PURPOSE AND SCOPE Department employees are expected to properly care for department property assigned or entrusted to them. Employees may also suffer occasional loss or damage to personal or department property while performing their assigned duty. Certain procedures are required depending on the loss and ownership of the item. 700.2 CARE OF DEPARTMENTAL PROPERTY Employees shall be responsible for the safekeeping, serviceable condition, proper care, use and replacement of department property assigned or entrusted to them. An employee's intentional or negligent abuse or misuse of department property may lead to discipline including, but not limited to the cost of repair or replacement. (a) Employees shall promptly report through their chain of command, any loss, damage to, or unserviceable condition of any department issued property or equipment assigned for their use. (b) The use of damaged or unserviceable department property should be discontinued as soon as practical and replaced with comparable Department property as soon as available and following notice to a supervisor. (c) Except when otherwise directed by competent authority or required by exigent circumstances, department property shall only be used by those to whom it was assigned. Use should be limited to official purposes and in the capacity for which it was designed. (d) Department property shall not be thrown away, sold, traded, donated, destroyed, or otherwise disposed of without proper authority. (e) In the event that any Department property becomes damaged or unserviceable, no employee shall attempt to repair the property without prior approval of a supervisor. 700.3 FILING CLAIMS FOR PERSONAL PROPERTY Claims for reimbursement for damage or loss of personal property must be made on the proper form. This form is submitted to the employee's immediate supervisor. The supervisor may require a separate written report of the loss or damage. The supervisor shall direct a memo to the appropriate Division Commander, which shall include the results of his/her investigation and whether the employee followed proper procedures. The supervisor's report shall address whether reasonable care was taken to prevent the loss or damage. Upon review by staff and a finding that no misconduct or negligence was involved, repair or replacement may be recommended by the Chief of Police who will then forward the claim to the Finance Department. Copyright Lexipol, LLC 2024/03/28, All Rights Reserved. Department Owned and Personal Property - Published with permission by Benicia Police Department 511 Benicia Police Department Benicia PD Policy Manual Benicia PD Policy Manual Department Owned and Personal Property The Department will not replace or repair luxurious or overly expensive items (jewelry, exotic equipment, etc.) that are not reasonably required as a part of work. 700.3.1 REPORTING REQUIREMENT A verbal report shall be made to the employee's immediate supervisor as soon as circumstances permit. A written report shall be submitted before the employee goes off duty or within the time frame directed by the supervisor to whom the verbal report is made. 700.4 LOSS OR DAMAGE OF PROPERTY OF ANOTHER Officers and other employees intentionally or unintentionally may cause damage to the real or personal property of another while performing their duties. Any employee who damages or causes to be damaged any real or personal property of another while performing any law enforcement functions, regardless of jurisdiction, shall report it as provided below. (a) A verbal report shall be made to the employee's immediate supervisor as soon as circumstances permit. (b) A written report shall be submitted before the employee goes off duty or within the time frame directed by the supervisor to whom the verbal report is made. 700.4.1 DAMAGE BY PERSON OF ANOTHER AGENCY If employees of another jurisdiction cause damage to real or personal property belonging to the City, it shall be the responsibility of the employee present or the employee responsible for the property to make a verbal report to his/her immediate supervisor as soon as circumstances permit. The employee shall submit a written report before going off duty or as otherwise directed by the supervisor. These written reports, accompanied by the supervisor's written report, shall promptly be forwarded to the appropriate Division Commander. Copyright Lexipol, LLC 2024/03/28, All Rights Reserved. Department Owned and Personal Property - Published with permission by Benicia Police Department 512 Policy Benicia Police Department 702 Benicia PD Policy Manual Personal Communication Devices 702.1 PURPOSE AND SCOPE The purpose of this policy is to establish guidelines for the use of mobile telephones and communication devices, whether issued or funded by the Department or personally owned, while on-duty or when used for authorized work-related purposes. This policy generically refers to all such devices as Personal Communication Devices (PCDs) but is intended to include all mobile telephones, personal digital assistants (PDAs), wireless capable tablets and similar wireless two-way communications and/or portable Internet access devices. PCD use includes, but is not limited to, placing and receiving calls, text messaging, blogging and microblogging, emailing, using video or camera features, playing games and accessing sites or services on the Internet. 702.2 POLICY The Benicia Police Department allows members to utilize department-issued or funded PCDs and to possess personally owned PCDs in the workplace, subject to certain limitations. Any PCD used while on-duty, or used off-duty in any manner reasonably related to the business of the Department, will be subject to monitoring and inspection consistent with the standards set forth in this policy. The inappropriate use of a PCD while on-duty may impair officer safety. Additionally, members are advised and cautioned that the use of a personally owned PCD either on-duty or after duty hours for business-related purposes may subject the member and the member’s PCD records to civil or criminal discovery or disclosure under applicable public records laws. Members who have questions regarding the application of this policy or the guidelines contained herein are encouraged to seek clarification from supervisory personnel. 702.3 PRIVACY EXPECTATION Members forfeit any expectation of privacy with regard to any communication accessed, transmitted, received or reviewed on any PCD issued or funded by the Department/Office and shall have no expectation of privacy in their location should the device be equipped with location detection capabilities (see the Information Technology Use Policy for additional guidance). 702.3.1 CALIFORNIA ELECTRONIC COMMUNICATIONS PRIVACY ACT (CALECPA) No member is authorized to be the sole possessor of a department-issued PCD. Department- issued PCDs can be retrieved, reassigned, accessed or used by any member as directed by a supervisor without notice. Member use of a department-issued PCD and use of a personal PCD at work or for work-related business constitutes specific consent for access for department purposes. Prior to conducting an administrative search of a PCD, supervisors should consult legal counsel to ensure access is consistent with CalECPA (Penal Code § 1546; Penal Code § 1546.1). Copyright Lexipol, LLC 2024/03/28, All Rights Reserved. Personal Communication Devices - 513 Published with permission by Benicia Police Department Benicia Police Department Benicia PD Policy Manual Benicia PD Policy Manual Personal Communication Devices 702.4 DEPARTMENT-ISSUED PCD Depending on a member’s assignment and the needs of the position, the Department may, at its discretion, issue or fund a PCD. Department-issued or funded PCDs are provided as a convenience to facilitate on-duty performance only. Such devices and the associated telephone number shall remain the sole property of the Department and shall be subject to inspection or monitoring (including all related records and content) at any time without notice and without cause. Unless a member is expressly authorized by the Chief of Police or the authorized designee for off-duty use of the PCD, the PCD will either be secured in the workplace at the completion of the tour of duty or will be turned off when leaving the workplace. 702.5 PERSONALLY OWNED PCD Members may carry a personally owned PCD while on-duty, subject to the following conditions and limitations: (a) Permission to carry a personally owned PCD may be revoked if it is used contrary to provisions of this policy. (b) The Department accepts no responsibility for loss of or damage to a personally owned PCD. (c) The PCD and any associated services shall be purchased, used and maintained solely at the member’s expense. (d) The device should not be used for work-related purposes except in exigent circumstances (e.g., unavailability of radio communications). Members will have a reduced expectation of privacy when using a personally owned PCD in the workplace and have no expectation of privacy with regard to any department business-related communication. 1. Members may use personally owned PCDs on-duty for routine administrative work as authorized by the Chief of Police. (e) The device shall not be utilized to record or disclose any business-related information, including photographs, video or the recording or transmittal of any information or material obtained or made accessible as a result of employment with the Department, without the express authorization of the Chief of Police or the authorized designee. (f) Use of a personally owned PCD while at work or for work-related business constitutes consent for the Department to access the PCD to inspect and copy data to meet the needs of the Department, which may include litigation, public records retention and release obligations and internal investigations. If the PCD is carried on-duty, members will provide the Department with the telephone number of the device. (g) All work-related documents, emails, photographs, recordings or other public records created or received on a member’s personally owned PCD should be transferred to the Benicia Police Department and deleted from the member’s PCD as soon as reasonably practicable but no later than the end of the member’s shift. Copyright Lexipol, LLC 2024/03/28, All Rights Reserved. Personal Communication Devices - 514 Published with permission by Benicia Police Department Benicia Police Department Benicia PD Policy Manual Benicia PD Policy Manual Personal Communication Devices Except with prior express authorization from their supervisor, members are not obligated or required to carry, access, monitor or respond to electronic communications using a personally owned PCD while off-duty. If a member is in an authorized status that allows for appropriate compensation consistent with policy or existing memorandum of understanding or collective bargaining agreements, or if the member has prior express authorization from his/her supervisor, the member may engage in business-related communications. Should members engage in such approved off-duty communications or work, members entitled to compensation shall promptly document the time worked and communicate the information to their supervisors to ensure appropriate compensation. Members who independently document off-duty department-related business activities in any manner shall promptly provide the Department with a copy of such records to ensure accurate record keeping. 702.6 USE OF PCD The following protocols shall apply to all PCDs that are carried while on-duty or used to conduct department business: (a) A PCD shall not be carried in a manner that allows it to be visible while in uniform, unless it is in an approved carrier. (b) All PCDs in the workplace shall be set to silent or vibrate mode. (c) A PCD may not be used to conduct personal business while on-duty, except for brief personal communications (e.g., informing family of extended hours). Members shall endeavor to limit their use of PCDs to authorized break times, unless an emergency exists. (d) Members may use a PCD to communicate with other personnel in situations where the use of radio communications is either impracticable or not feasible. PCDs should not be used as a substitute for, as a way to avoid, or in lieu of regular radio communications. (e) Members are prohibited from taking pictures, audio or video recordings or making copies of any such picture or recording media unless it is directly related to official department business. Disclosure of any such information to any third party through any means, without the express authorization of the Chief of Police or the authorized designee, may result in discipline. (f) Members will not access social networking sites for any purpose that is not official department business. (g) Using PCDs to harass, threaten, coerce or otherwise engage in inappropriate conduct with any third party is prohibited. Any member having knowledge of such conduct shall promptly notify a supervisor. (h) Communication on all PCD's (personal and department issued) shall be professional and adhere to the department core values. 702.7 SUPERVISOR RESPONSIBILITIES The responsibilities of supervisors include, but are not limited to: Copyright Lexipol, LLC 2024/03/28, All Rights Reserved. Personal Communication Devices - 515 Published with permission by Benicia Police Department Benicia Police Department Benicia PD Policy Manual Benicia PD Policy Manual Personal Communication Devices (a) Ensuring that members under their command are provided appropriate training on the use of PCDs consistent with this policy. (b) Monitoring, to the extent practicable, PCD use in the workplace and taking prompt corrective action if a member is observed or reported to be improperly using a PCD. 1. An investigation into improper conduct should be promptly initiated when circumstances warrant. 2. Before conducting any administrative search of a member’s personally owned device, supervisors should consult with the Chief of Police or the authorized designee. 702.8 USE WHILE DRIVING The use of a PCD while driving can adversely affect safety, cause unnecessary distractions and present a negative image to the public. Officers operating emergency vehicles should restrict the use of these devices to matters of an urgent nature and should, where practicable, stop the vehicle at an appropriate location to use the PCD. Members who are operating department vehicles that are not authorized emergency vehicles shall not use a PCD while driving unless the device is specifically designed and configured to allow hands-free use. In an emergency, a wireless phone may be used to place an emergency call to the Department or other emergency services agency (Vehicle Code § 23123; Vehicle Code § 23123.5). Hands-free use should be restricted to business-related calls or calls of an urgent nature. 702.9 OFFICIAL USE Members are reminded that PCDs are not secure devices and conversations may be intercepted or overheard. Caution should be exercised while utilizing PCDs to ensure that sensitive information is not inadvertently transmitted. As soon as reasonably possible, members shall conduct sensitive or private communications on a land-based or other department communications network. Copyright Lexipol, LLC 2024/03/28, All Rights Reserved. Personal Communication Devices - 516 Published with permission by Benicia Police Department Policy Benicia Police Department 704 Benicia PD Policy Manual Vehicle Maintenance 704.1 PURPOSE AND SCOPE Employees are responsible for assisting in maintaining Department vehicles so that they are properly equipped, properly maintained, properly refueled and present a clean appearance. 704.2 DEFECTIVE VEHICLES When a department vehicle becomes inoperative or in need of repair that affects the safety of the vehicle, that vehicle shall be removed from service for repair. Proper documentation shall be promptly completed by the employee who first becomes aware of the defective condition, describing the correction needed. The paperwork shall be promptly forwarded to vehicle maintenance for repair. 704.2.1 DAMAGE OR POOR PERFORMANCE Vehicles that may have been damaged, or perform poorly shall be removed from service for inspections and repairs as soon as practicable. 704.2.2 SEVERE USE Vehicles operated under severe-use conditions, which include operations for which the vehicle is not designed or that exceed the manufacturer’s parameters, should be removed from service and subjected to a safety inspection as soon as practicable. Such conditions may include rough roadway or off-road driving, hard or extended braking, pursuits or prolonged high-speed operation. 704.2.3 REMOVAL OF WEAPONS All firearms, weapons and control devices shall be removed from a vehicle and properly secured in the department armory prior to the vehicle being released for maintenance, service or repair. 704.3 VEHICLE EQUIPMENT Certain items shall be maintained in all department vehicles for emergency purposes and to perform routine duties. 704.3.1 PATROL VEHICLES Officers shall inspect the patrol vehicle at the beginning of the shift and ensure that the following equipment, at a minimum, is present in the vehicle: • 20 Emergency road flares • 2 sticks yellow crayon or chalk • 1 Roll barricade tape • 1 First aid kit • 1 Fire extinguisher • Protective Equipment per Sections 1016 and 1024 Copyright Lexipol, LLC 2024/03/28, All Rights Reserved. Vehicle Maintenance - 517 Published with permission by Benicia Police Department Benicia Police Department Benicia PD Policy Manual Benicia PD Policy Manual Vehicle Maintenance • Personal Protective Equipment per § 1016 and § 1024 704.3.2 UNMARKED VEHICLES An employee driving unmarked department vehicles shall ensure that the minimum following equipment is present in the vehicle: • Personal Protective Equipment per § 1016 and § 1024 704.4 VEHICLE REFUELING Absent emergency conditions or supervisor approval, officers driving patrol vehicles shall not place a vehicle in service that has less than one-quarter tank of fuel. Vehicles shall only be refueled at the authorized location. 704.5 WASHING OF VEHICLES All units shall be kept clean at all times and weather conditions permitting, shall be washed as necessary to enhance their appearance. Officers in patrol shall obtain clearance from the dispatcher before responding to the car wash. Only one marked unit should be at the car wash at the same time unless otherwise approved by a supervisor. Employees using a vehicle shall remove any trash or debris at the end of their shift. Confidential material should be placed in a designated receptacle provided for the shredding of this matter. 704.6 NON-SWORN EMPLOYEE USE Non-sworn employees using marked vehicles shall ensure all weapons are removed from vehicles before going into service. Non-sworn employees shall also prominently display the “out of service” placards or lightbar covers at all times. Non-sworn employees shall not operate the emergency lights or siren of any vehicle unless expressly authorized by a supervisor. Copyright Lexipol, LLC 2024/03/28, All Rights Reserved. Vehicle Maintenance - 518 Published with permission by Benicia Police Department Policy Benicia Police Department 706 Benicia PD Policy Manual Vehicle Use 706.1 PURPOSE AND SCOPE The purpose of this policy is to establish a system of accountability to ensure [department/ office] vehicles are used appropriately. This policy provides guidelines for on- and off-duty use of [department/office] vehicles and shall not be construed to create or imply any contractual obligation by the City of Benicia to provide assigned take-home vehicles. 706.2 POLICY The Benicia Police Department provides vehicles for [department/office]-related business and may assign patrol and unmarked vehicles based on a determination of operational efficiency, economic impact to the [Department/Office], requirements for tactical deployments, and other considerations. 706.3 USE OF VEHICLES 706.3.1 SHIFT ASSIGNED VEHICLES The Supervisor shall ensure a copy of the shift assignment roster indicating member assignments and vehicle numbers is completed for each shift and retained in accordance with the established records retention schedule. If a member exchanges vehicles during the member's shift, the new vehicle number shall be documented on the roster. 706.3.2 OTHER USE OF VEHICLES Members utilizing a vehicle for any purpose other than their normally assigned duties or normal vehicle assignment (e.g., transportation to training, community event) shall first notify the Supervisor. A notation will be made on the shift assignment roster indicating the member’s name and vehicle number. This subsection does not apply to those who are assigned to vehicle transportation duties to and from the maintenance yard or carwash. 706.3.3 INSPECTIONS Members shall be responsible for inspecting the interior and exterior of any assigned vehicle before taking the vehicle into service and at the conclusion of their shifts. Any previously unreported damage, mechanical problems, unauthorized contents, or other problems with the vehicle shall be promptly reported to a supervisor and documented as appropriate. The interior of any vehicle that has been used to transport any person other than a member of this [department/office] should be inspected prior to placing another person in the vehicle and again after the person is removed. This is to ensure that unauthorized or personal items have not been left in the vehicle. When transporting any person in custody, the transporting member shall search all areas of the vehicle that are accessible by the person before and after that person is transported. Copyright Lexipol, LLC 2024/03/28, All Rights Reserved. Vehicle Use - 519 Published with permission by Benicia Police Department Benicia Police Department Benicia PD Policy Manual Benicia PD Policy Manual Vehicle Use All [department/office] vehicles are subject to inspection and/or search at any time by a supervisor without notice and without cause. No member assigned to or operating such vehicle shall be entitled to any expectation of privacy with respect to the vehicle or its contents. 706.3.4 SECURITY AND UNATTENDED VEHICLES Unattended vehicles should be locked and secured at all times. No key should be left in the vehicle except when it is necessary that the vehicle be left running (e.g., continued activation of emergency lights, canine safety, equipment charging). Officers who exit a vehicle rapidly in an emergency situation or to engage in a foot pursuit must carefully balance the need to exit the vehicle quickly with the need to secure the vehicle. Members shall ensure all weapons are secured while the vehicle is unattended. 706.3.5 MDT Members assigned to vehicles equipped with a Mobile Digital Terminal (MDT) shall log onto the MDT with the required information when going on-duty. If the vehicle is not equipped with a working MDT, the member shall notify Dispatch. Use of the MDT is governed by the Mobile Digital Terminal Use Policy. 706.3.6 VEHICLE LOCATION SYSTEM Patrol and other vehicles, at the discretion of the Chief of Police, may be equipped with a system designed to track the vehicle’s location. While the system may provide vehicle location and other information, members are not relieved of their responsibility to use required communication practices to report their location and status. Members shall not make any unauthorized modifications to the system. At the start of each shift, members shall verify that the system is on and report any malfunctions to their supervisor. If the member finds that the system is not functioning properly at any time during the shift, he/she should exchange the vehicle for one with a working system, if available. System data may be accessed by supervisors at any time. However, access to historical data by other than supervisors will require Division Commander approval. All data captured by the system shall be retained in accordance with the established records retention schedule. 706.3.7 KEYS Members approved to operate marked patrol vehicles should be issued a copy of the key as part of their initial equipment distribution. Members who are assigned a specific vehicle should be issued keys for that vehicle. Members shall not duplicate keys. The loss of a key shall be promptly reported in writing through the member’s chain of command. Copyright Lexipol, LLC 2024/03/28, All Rights Reserved. Vehicle Use - 520 Published with permission by Benicia Police Department Benicia Police Department Benicia PD Policy Manual Benicia PD Policy Manual Vehicle Use 706.3.8 AUTHORIZED PASSENGERS Members operating [department/office] vehicles shall not permit persons other than City personnel or persons required to be conveyed in the performance of duty, or as otherwise authorized, to ride as passengers in the vehicle, except as stated in the Ride-Along Policy. 706.3.9 ALCOHOL Members who have consumed alcohol are prohibited from operating any [department/office] vehicle unless it is required by the duty assignment (e.g., task force, undercover work). Regardless of assignment, members may not violate state law regarding vehicle operation while intoxicated. 706.3.10 PARKING Except when responding to an emergency or when urgent [department/office]-related business requires otherwise, members driving [department/office] vehicles should obey all parking regulations at all times. [Department/Office] vehicles should be parked in assigned stalls. Members shall not park privately owned vehicles in stalls assigned to [department/office] vehicles or in other areas of the parking lot that are not so designated unless authorized by a supervisor. Privately owned motorcycles shall be parked in designated areas. 706.3.11 ACCESSORIES AND/OR MODIFICATIONS There shall be no modifications, additions or removal of any equipment or accessories without written permission from the assigned vehicle program manager. 706.3.12 NON-SWORN MEMBER USE Non-sworn members using marked emergency vehicles shall ensure that all weapons have been removed before going into service. Non-sworn members shall prominently display the "out of service" placards or light bar covers at all times. Non-sworn members shall not operate the emergency lights or siren of any vehicle unless expressly authorized by a supervisor. 706.4 INDIVIDUAL MEMBER ASSIGNMENT TO VEHICLES [Department/Office] vehicles may be assigned to individual members at the discretion of the Chief of Police. Vehicles may be assigned for on-duty and/or take-home use. Assigned vehicles may be changed at any time. Permission to take home a vehicle may be withdrawn at any time. The assignment of vehicles may be suspended when the member is unable to perform the member's regular assignment. 706.4.1 ON-DUTY USE Vehicle assignments shall be based on the nature of the member’s duties, job description and essential functions, and employment or appointment status. Vehicles may be reassigned or utilized by other [department/office] members at the discretion of the Chief of Police or the authorized designee. Copyright Lexipol, LLC 2024/03/28, All Rights Reserved. Vehicle Use - 521 Published with permission by Benicia Police Department Benicia Police Department Benicia PD Policy Manual Benicia PD Policy Manual Vehicle Use 706.4.2 UNSCHEDULED TAKE-HOME USE Circumstances may arise where [department/office] vehicles must be used by members to commute to and from a work assignment. Members may take home [department/office] vehicles only with prior approval of a supervisor and shall meet the following criteria: (a) The circumstances are unplanned and were created by the needs of the [department/ office]. (b) Other reasonable transportation options are not available. (c) The member lives within a reasonable distance (generally not to exceed a 60-minute drive time) of the Benicia City limits. (d) Off-street parking will be available at the member’s residence. (e) Vehicles will be locked when not attended. (f) All firearms, weapons and control devices will be removed from the interior of the vehicle and properly secured in the residence when the vehicle is not attended, unless the vehicle is parked in a locked garage. 706.4.3 ASSIGNED VEHICLES Assignment of take-home vehicles shall be based on the location of the member’s residence, the nature of the member’s duties, job description and essential functions, and employment or appointment status. Residence in the City of Benicia is a prime consideration for assignment of a take-home vehicle. Members who reside outside the City of Benicia may be required to secure the vehicle at a designated location or the [Department/Office] at the discretion of the Chief of Police. [Department/Office] members shall sign a take-home vehicle agreement that outlines certain standards, including, but not limited to, how the vehicle shall be used, where it shall be parked when the member is not on-duty, vehicle maintenance responsibilities and member enforcement actions. Members are cautioned that under federal and local tax rules, personal use of a City vehicle may create an income tax liability for the member. Questions regarding tax rules should be directed to the member’s tax adviser. Criteria for use of take-home vehicles include the following: (a) Vehicles shall only be used for work-related purposes and shall not be used for personal errands or transports, unless special circumstances exist and the Chief of Police or a Division Commander gives authorization. (b) Vehicles may be used to transport the member to and from the member’s residence for work-related purposes. (c) Vehicles will not be used when off-duty except: 1. In circumstances when a member has been placed on call by the Chief of Police or Division Commanders and there is a high probability that the member will be called back to duty. Copyright Lexipol, LLC 2024/03/28, All Rights Reserved. Vehicle Use - 522 Published with permission by Benicia Police Department Benicia Police Department Benicia PD Policy Manual Benicia PD Policy Manual Vehicle Use 2. When the member is performing a work-related function during what normally would be an off-duty period, including vehicle maintenance or travelling to or from a work-related activity or function. 3. When the member has received permission from the Chief of Police or Division Commanders. 4. When the vehicle is being used by the Chief of Police, Division Commanders or members who are in on-call administrative positions. 5. When the vehicle is being used by on-call investigators. (d) While operating the vehicle, authorized members will carry and have accessible their duty firearms and be prepared to perform any function they would be expected to perform while on-duty. (e) The two-way communications radio, MDT and global positioning satellite device, if equipped, must be on and set to an audible volume when the vehicle is in operation. (f) Unattended vehicles are to be locked and secured at all times. 1. No key should be left in the vehicle except when it is necessary that the vehicle be left running (e.g., continued activation of emergency lights, canine safety, equipment charging). 2. All weapons shall be secured while the vehicle is unattended. 3. All [department/office] identification, portable radios and equipment should be secured. (g) Vehicles are to be parked off-street at the member’s residence unless prior arrangements have been made with the Chief of Police or the authorized designee. If the vehicle is not secured inside a locked garage, all firearms and kinetic impact weapons shall be removed and properly secured in the residence (see the Firearms Policy regarding safe storage of firearms at home). (h) Vehicles are to be secured at the member’s residence or the appropriate [department/ office] facility, at the discretion of the [Department/Office] when a member will be away (e.g., on vacation) for periods exceeding one week. 1. If the vehicle remains at the residence of the member, the [Department/Office] shall have access to the vehicle. 2. If the member is unable to provide access to the vehicle, it shall be parked at the [Department/Office]. (i) The member is responsible for the care and maintenance of the vehicle. 706.4.4 TAKE HOME VEHICLE PROGRAM The Chief of Police has authorized a Pilot take-home vehicle program.Members may participate in the Patrol Take-Home vehicle program only with prior approval of the division commander and shall meet the following criteria: a) Participation is voluntary Copyright Lexipol, LLC 2024/03/28, All Rights Reserved. Vehicle Use - 523 Published with permission by Benicia Police Department Benicia Police Department Benicia PD Policy Manual Benicia PD Policy Manual Vehicle Use b) Participation may be revoked at any time by the Chief of Police. c) The program is only effective during the work week of the officer; it is not a permanent assignment of a vehicle for the officer. 1. Officers will come to the police department at the beginning of their work week in their personal vehicle and may take a Marked Patrol car home during their work week.The Officer shall leave the City vehicle at the police department on the last day of their workweek. d) Officers participating in the program must drive to work in full duty uniform and be ready to respond to calls for service upon entering the City limits. e) The city vehicle is for commuting only.When the officer is off duty, the city vehicle may not be used for personal use, errands, or any activity other than driving to and from work. f) While commuting to and from work, employees shall obey all rule of the road per the California Vehicle code. g) Toll Usage – All bridge and toll road fees incurred while commuting under this take- home program are the responsibility of the employee.See department policy 706.7 Toll Road Usage. h) Officers participating in this program lives within a reasonable distance (generally not to exceed a 60- minute drive time unless authorized by the Chief) of the Benicia City limits. i) No passengers are authorized to be in the vehicle when commuting without prior authorization from the division commander.There is no exception for an officer's family members. j) When not in use, the vehicle must be parked and locked in a garage or driveway of a private residence.No apartment, condominium, or communal parking lots are authorized. 1. No alternative locations are approved (i.e. parking the city vehicle at a police or fire station near the officer's residence) Only garage or driveway in the employee's private residence is approved. k) All firearms, weapons, and control devices will be removed from the interior of the vehicle and properly secured in the residence when the vehicle is not attended, unless the vehicle is parked and locked inside a locked garage. l) Employees who have not completed their field training period are not eligible for this pilot program. m) The use of a vehicle may be impacted by maintenance schedules, major repairs, or other issues.Day to day use may be restricted to maintain sufficient reserves or accommodate major events in the City.Employees must prepare to utilize their own personal vehicles for commuting with short notice from the city about one of these potential restrictions. 1. For the purpose of this pilot program, sufficient reserves will be defined as three (3) marked patrol units available at all times. n) Employees found to be in violation of the conditions of this pilot program,may be subject to discipline up to and including termination of employment, pursuant to the City's Personnel Rules, Benicia Police Department policies and the MOU between the City and BPOA. Copyright Lexipol, LLC 2024/03/28, All Rights Reserved. Vehicle Use - 524 Published with permission by Benicia Police Department Benicia Police Department Benicia PD Policy Manual Benicia PD Policy Manual Vehicle Use This pilot program will remain in place indefinitely and may be discontinued at any time by the Chief of Police. 706.4.5 ENFORCEMENT ACTIONS When driving a take-home vehicle to and from work outside of the jurisdiction of the Benicia Police Department or while off-duty, an officer shall not initiate enforcement actions except in those circumstances where a potential threat to life or serious property damage exists (see the Off-Duty Law Enforcement Actions and Law Enforcement Authority policies). Officers may render public assistance when it is deemed prudent (e.g., to a stranded motorist). Officers driving take-home vehicles shall be armed, appropriately attired and carry their [department/office]-issued identification. Officers should also ensure that [department/office] radio communication capabilities are maintained to the extent feasible. 706.4.6 MAINTENANCE Members are responsible for the cleanliness (exterior and interior) and overall maintenance of their assigned vehicles. Cleaning and maintenance supplies will be provided by the [Department/ Office]. Failure to adhere to these requirements may result in discipline and loss of vehicle assignment. The following should be performed as outlined below: (a) Members shall make daily inspections of their assigned vehicles for service/ maintenance requirements and damage. (b) It is the member's responsibility to ensure that the assigned vehicle is maintained according to the established service and maintenance schedule. (c) All scheduled vehicle maintenance and car washes shall be performed as necessary at a facility approved by the [department/office] supervisor in charge of vehicle maintenance. (d) The [Department/Office] shall be notified of problems with the vehicle and approve any major repairs before they are performed. (e) When leaving the vehicle at the maintenance facility, the member will complete a vehicle repair card explaining the service or repair, and leave it on the seat or dash. (f) All weapons shall be removed from any vehicle left for maintenance. (g) Supervisors shall make, at a minimum, monthly inspections of vehicles assigned to members under their command to ensure the vehicles are being maintained in accordance with this policy. 706.5 UNMARKED VEHICLES Vehicles are assigned to various divisions and their use is restricted to the respective division and the assigned member, unless otherwise approved by a division supervisor. Any member operating an unmarked vehicle shall record vehicle usage on the sign-out log maintained in the division for that purpose. Any use of unmarked vehicles by those who are not assigned to the division to which the vehicle is assigned shall also record the use with the Supervisor on the shift assignment roster. Copyright Lexipol, LLC 2024/03/28, All Rights Reserved. Vehicle Use - 525 Published with permission by Benicia Police Department Benicia Police Department Benicia PD Policy Manual Benicia PD Policy Manual Vehicle Use 706.6 DAMAGE, ABUSE AND MISUSE When any [department/office] vehicle is involved in a traffic collision or otherwise incurs damage, the involved member shall promptly notify a supervisor. Any traffic collision report shall be filed with the agency having jurisdiction (see the Traffic Collision Reporting Policy). Damage to any [department/office] vehicle that was not caused by a traffic collision shall be immediately reported during the shift in which the damage was discovered, documented in memorandum format and forwarded to the Supervisor. An administrative investigation should be initiated to determine if there has been any vehicle abuse or misuse. 706.7 TOLL ROAD USAGE Law enforcement vehicles are not routinely exempted from incurring toll road charges. To avoid unnecessary toll road charges, all members operating [department/office] vehicles on a toll road shall adhere to the following: (a) Members operating [department/office] vehicles for any reason other than in response to an emergency shall pay the appropriate toll charge or utilize the appropriate toll way transponder. Members may submit a request for reimbursement from the City for any toll fees incurred in the course of official business. (b) Members passing through a toll plaza or booth during a response to an emergency shall notify, in writing, the appropriate Division Commander within five working days explaining the circumstances. 706.8 ATTIRE AND APPEARANCE When operating any [department/office] vehicle while off-duty, members may dress in a manner appropriate for their intended activity. Whenever in view of or in contact with the public, attire and appearance, regardless of the activity, should be suitable to reflect positively upon the [Department/Office]. Copyright Lexipol, LLC 2024/03/28, All Rights Reserved. Vehicle Use - 526 Published with permission by Benicia Police Department Policy Benicia Police Department 707 Benicia PD Policy Manual Cash Handling, Security and Management 707.1 PURPOSE AND SCOPE This policy provides guidelines to ensure department members handle cash appropriately in the performance of their duties. This policy does not address cash-handling issues specific to the Property and Evidence and Informants policies. 707.2 POLICY It is the policy of the Benicia Police Department to properly handle and document cash transactions and to maintain accurate records of cash transactions in order to protect the integrity of department operations and ensure the public trust. 707.3 PETTY CASH FUNDS The Chief of Police shall designate a person as the fund manager responsible for maintaining and managing the petty cash fund. Each petty cash fund requires the creation and maintenance of an accurate and current transaction ledger and the filing of invoices, receipts, cash transfer forms and expense reports by the fund manager. 707.4 PETTY CASH TRANSACTIONS The fund manager shall document all transactions on the ledger and any other appropriate forms. Each person participating in the transaction shall sign or otherwise validate the ledger, attesting to the accuracy of the entry. Transactions should include the filing of an appropriate receipt, invoice or cash transfer form. Transactions that are not documented by a receipt, invoice or cash transfer form require an expense report. 707.5 PETTY CASH AUDITS The fund manager shall perform an audit no less than once every six months. This audit requires that the fund manager and at least one command staff member, selected by the Chief of Police, review the transaction ledger and verify the accuracy of the accounting. The fund manager and the participating member shall sign or otherwise validate the ledger attesting to the accuracy of all documentation and fund accounting. A discrepancy in the audit requires documentation by those performing the audit and an immediate reporting of the discrepancy to the Chief of Police. Transference of fund management to another member shall require a separate petty cash audit and involve a command staff member. A separate audit of each petty cash fund should be completed on a random date, approximately once each year by the Chief of Police or the City. Copyright Lexipol, LLC 2024/03/28, All Rights Reserved. Cash Handling, Security and Management - Published with permission by Benicia Police Department 527 Benicia Police Department Benicia PD Policy Manual Benicia PD Policy Manual Cash Handling, Security and Management 707.6 ROUTINE CASH HANDLING Those who handle cash as part of their property or Investigations Division supervisor duties shall discharge those duties in accordance with the Property and Evidence and Informants policies. Members who routinely accept payment for department services shall discharge those duties in accordance with the procedures established for those tasks. 707.7 OTHER CASH HANDLING Members of the Department who, within the course of their duties, are in possession of cash that is not their property or that is outside their defined cash-handling responsibilities shall, as soon as practicable, verify the amount, summon another member to verify their accounting, and process the cash for safekeeping or as evidence or found property, in accordance with the Property and Evidence Policy. Cash in excess of $1,000 requires immediate notification of a supervisor, special handling, verification and accounting by the supervisor. Each member involved in this process shall complete an appropriate report or record entry. Copyright Lexipol, LLC 2024/03/28, All Rights Reserved. Cash Handling, Security and Management - Published with permission by Benicia Police Department 528 Policy Benicia Police Department 708 Benicia PD Policy Manual Personal Protective Equipment 708.1 PURPOSE AND SCOPE This policy identifies the different types of personal protective equipment (PPE) provided by the Department as well the requirements and guidelines for the use of PPE. This policy does not address ballistic vests or protection from communicable disease, as those issues are addressed in the Body Armor and Communicable Diseases policies. 708.1.1 DEFINITIONS Definitions related to this policy include: Personal protective equipment (PPE) - Equipment that protects a person from serious workplace injuries or illnesses resulting from contact with chemical, radiological, physical, electrical, mechanical or other workplace hazards. Respiratory PPE - Any device that is worn by the user to protect from exposure to atmospheres where there is smoke, low levels of oxygen, high levels of carbon monoxide, or the presence of toxic gases or other respiratory hazards. For purposes of this policy, respiratory PPE does not include particulate-filtering masks such as N95 or N100 masks. 708.2 POLICY The Benicia Police Department endeavors to protect members by supplying certain PPE to members as provided in this policy. 708.3 OFFICER RESPONSIBILITIES Members are required to use PPE as provided in this policy and pursuant to their training. Members are responsible for proper maintenance and storage of issued PPE. PPE should be stored in an appropriate location so that it is available when needed. Any member who identifies hazards in the workplace is encouraged to utilize the procedures in the Illness and Injury Prevention Policy to recommend new or improved PPE or additional needs for PPE. 708.4 HEARING PROTECTION Approved hearing protection shall be used by members during firearms training. Hearing protection shall meet or exceed the requirements provided in 8 CCR 5098. 708.5 EYE PROTECTION Approved eye protection, including side protection, shall be used by members during firearms training. Eye protection for members who wear prescription lenses shall incorporate the prescription (e.g., eye protection that can be worn over prescription lenses). Members shall ensure their eye protection does not interfere with the fit of their hearing protection. Copyright Lexipol, LLC 2024/03/28, All Rights Reserved. Personal Protective Equipment - 529 Published with permission by Benicia Police Department Benicia Police Department Benicia PD Policy Manual Benicia PD Policy Manual Personal Protective Equipment The Rangemaster shall ensure eye protection meets or exceeds the requirements provided in 8 CCR 3382. 708.6 HEAD AND BODY PROTECTION Members who make arrests or control crowds should be provided ballistic head protection with an attachable face shield. Padded body protection consisting of chest, arm, leg and groin protection should be provided as required by any collective bargaining agreement. 708.7 RESPIRATORY PROTECTION The Services Division Commander is responsible for ensuring a respiratory protection plan is developed and maintained by a trained and qualified member. The plan shall include procedures for (8 CCR 5144): (a) Selecting appropriate respiratory PPE based on hazards and risks associated with functions or positions. (b) Fit testing, including identification of members or contractors qualified to conduct fit testing. (c) Medical evaluations. (d) PPE inventory control. (e) PPE issuance and replacement. (f) Cleaning, disinfecting, storing, inspecting, repairing, discarding and otherwise maintaining respiratory PPE, including schedules for these activities. (g) Regularly reviewing the PPE plan. (h) Remaining current with applicable National Institute for Occupational Safety and Health (NIOSH), American National Standards Institute (ANSI), Occupational Safety and Health Administration (OSHA), Environmental Protective Agency (EPA) and state PPE standards and guidelines. 708.7.1 RESPIRATORY PROTECTION USE Designated members may be issued respiratory PPE based on the member’s assignment (e.g., a narcotics investigator who is involved in clandestine lab investigations). Respiratory PPE may be worn when authorized by a scene commander who will determine the type and level of protection appropriate at a scene based upon an evaluation of the hazards present. Scene commanders are responsible for monitoring members using respiratory PPE and their degree of exposure or stress. When there is a change in work area conditions or when a member’s degree of exposure or stress may affect respirator effectiveness, the scene commander shall reevaluate the continued effectiveness of the respirator and direct the member to leave the respirator use area when the scene commander reasonably believes (8 CCR 5144): Copyright Lexipol, LLC 2024/03/28, All Rights Reserved. Personal Protective Equipment - 530 Published with permission by Benicia Police Department Benicia Police Department Benicia PD Policy Manual Benicia PD Policy Manual Personal Protective Equipment (a) It is necessary for the member to wash his/her face and the respirator facepiece to prevent eye or skin irritation associated with respirator use. (b) The member detects vapor or gas breakthrough, or there is a change in breathing resistance or leakage of the facepiece. (c) The member needs to replace the respirator, filter, cartridge or canister. 708.7.2 MEMBER RESPONSIBILITIES FOR RESPIRATORY PROTECTION Members shall not use self-contained breathing apparatus (SCBA), full-face respirators or cartridge respirators unless they have completed training requirements for the equipment. Members exposed to environments that are reasonably known to be harmful due to gases, smoke or vapors shall use respiratory PPE. Members using respiratory PPE shall (8 CCR 5144): (a) Ensure that they have no facial hair between the sealing surface of the facepiece and the face that could interfere with the seal or the valve function. Members also shall ensure that they have no other condition that will interfere with the face-to-facepiece seal or the valve function. (b) Not wear corrective glasses, goggles or other PPE that interferes with the seal of the facepiece to the face, or that has not been previously tested for use with that respiratory equipment. (c) Perform a user seal check per department-approved procedures recommended by the respirator manufacturer each time they put on a tight-fitting respirator. (d) Leave a respiratory use area whenever they detect vapor or gas breakthrough, changes in breathing resistance or leakage of their facepiece and ensure that the respirator is replaced or repaired before returning to the affected area. 708.7.3 GAS MASK Full-face air-purifying respirators, commonly referred to as gas masks, may be fitted with mechanical pre-filters or combination cartridge/filter assemblies for use in areas where gases, vapors, dusts, fumes or mists are present. Members must identify and use the correct cartridge based on the circumstances (8 CCR 5144). A scene commander may order the use of gas masks in situations where the use of a SCBA is not necessary. These incidents may include areas where tear gas has or will be used or where a vegetation fire is burning. Gas masks shall not be used if there is a potential for an oxygen- deficient atmosphere. Members shall ensure their gas mask filters are replaced whenever: (a) They smell, taste or are irritated by a contaminant. (b) They experience difficulty breathing due to filter loading. (c) The cartridges or filters become wet. (d) The expiration date on the cartridges or canisters has been reached. Copyright Lexipol, LLC 2024/03/28, All Rights Reserved. Personal Protective Equipment - 531 Published with permission by Benicia Police Department Benicia Police Department Benicia PD Policy Manual Benicia PD Policy Manual Personal Protective Equipment 708.7.4 SELF-CONTAINED BREATHING APPARATUS Scene commanders may direct members to use SCBA when entering an atmosphere that may pose an immediate threat to life, would cause irreversible adverse health effects or would impair an individual's ability to escape from a dangerous atmosphere. These situations may include, but are not limited to: (a) Entering the hot zone of a hazardous materials incident. (b) Entering any area where contaminant levels may become unsafe without warning, or any situation where exposures cannot be identified or reasonably estimated. (c) Entering a smoke- or chemical-filled area. The use of SCBA should not cease until approved by a scene commander. 708.7.5 RESPIRATOR FIT TESTING No member shall be issued respiratory PPE until a proper fit testing has been completed by a designated member or contractor (8 CCR 5144). After initial testing, fit testing for respiratory PPE shall be repeated (8 CCR 5144): (a) At least once every 12 months. (b) Whenever there are changes in the type of SCBA or facepiece used. (c) Whenever there are significant physical changes in the user (e.g., obvious change in body weight, scarring of the face seal area, dental changes, cosmetic surgery or any other condition that may affect the fit of the facepiece seal). All respirator fit testing shall be conducted in negative-pressure mode. 708.7.6 RESPIRATORY MEDICAL EVALUATION QUESTIONNAIRE No member shall be issued respiratory protection that forms a complete seal around the face until (8 CCR 5144): (a) The member has completed a medical evaluation that includes a medical evaluation questionnaire. (b) A physician or other licensed health care professional has reviewed the questionnaire. (c) The member has completed any physical examination recommended by the reviewing physician or health care professional. 708.8 RECORDS The Training Sergeant is responsible for maintaining records of all: (a) PPE training. (b) Initial fit testing for respiratory protection equipment. (c) Annual fit testing. (d) Respirator medical evaluation questionnaires and any subsequent physical examination results. Copyright Lexipol, LLC 2024/03/28, All Rights Reserved. Personal Protective Equipment - 532 Published with permission by Benicia Police Department Benicia Police Department Benicia PD Policy Manual Benicia PD Policy Manual Personal Protective Equipment 1. These records shall be maintained in a separate confidential medical file. The records shall be maintained in accordance with the department records retention schedule and 8 CCR 5144. 708.9 TRAINING Members should be trained in the respiratory and other hazards to which they may be potentially exposed during routine and emergency situations. All members shall be trained in the proper use and maintenance of PPE issued to them, including when the use is appropriate; how to put on, remove and adjust PPE; how to care for the PPE; and the limitations (8 CCR 3380). Members issued respiratory PPE shall attend annual training on the proper use of respiratory protection devices (8 CCR 5144). Copyright Lexipol, LLC 2024/03/28, All Rights Reserved. Personal Protective Equipment - 533 Published with permission by Benicia Police Department Policy Benicia Police Department 709 Benicia PD Policy Manual Military Equipment 709.1 PURPOSE AND SCOPE California Government Code section 7071(b) requires that law enforcement agencies submit a proposed Military Equipment Use Policy to their governing body for approval. California Government Code §7070(c) provides a list of equipment types that are considered to be "military equipment" for purposes of this policy requirement, and this Military Equipment Use Policy includes information for any such equipment types that are possessed by the Benicia Police Department, or reasonably likely to be deployed in the City of Benicia by its law enforcement partners. 709.1.1 DEFINITIONS Military Equipment Use Policy. California Government Code section 7070(d) defines a Military Equipment Use Policy as a publicly released written document that includes, at a minimum, all of the following: 1. A description of each type of Military Equipment, the quantity sought, its capabilities, expected lifespan, and product descriptions from the manufacturer of the Military Equipment. 2. The purposes and authorized uses for which the law enforcement agency or the state agency proposes to use each type of Military Equipment. 3. The fiscal impact of each type of Military Equipment, including the initial costs of obtaining the equipment and estimated annual costs of maintaining the equipment. 4. The legal and procedural rules that govern each authorized use. 5. The training, including any course required by the Commission on Peace Officer Standards and Training, that must be completed before any officer, agent, or employee of the law enforcement agency or the state agency is allowed to use each specific type of Military Equipment to ensure the full protection of the public's welfare, safety, civil rights, and civil liberties and full adherence to the Military Equipment use policy. 6. The mechanisms to ensure compliance with the Military Equipment use policy, including which independent persons or entities have oversight authority, and, is applicable, what legally enforceable sanctions are put in place for violations of the policy. 7. For a law enforcement agency, the procedures by which members of the public may register complaints or concerns or submit questions about the use of each specific type of Military Equipment, and how the law enforcement agency will ensure that each complaint, concern, or question receives a response in a timely manner. Military Equipment. California Government Code section 7070(c) defines Military Equipment as any of the following: 1. Unmanned, remotely piloted, powered aerial or ground vehicles. Copyright Lexipol, LLC 2024/03/28, All Rights Reserved. Military Equipment - 534 Published with permission by Benicia Police Department Benicia Police Department Benicia PD Policy Manual Benicia PD Policy Manual Military Equipment 2. Mine-resistant ambush-protected (MRAP) vehicles or armored personnel carriers. However, police versions of standard consumer vehicles are specifically excluded from this subdivision. 3. High mobility multipurpose wheeled vehicles (HMMWV), commonly referred to as Humvees, two and one-half-ton trucks, or wheeled vehicles that have a breaching or entry apparatus attached. However, unarmored all-terrain vehicles (ATVs) and motorized dirt bikes are specifically excluded from this subdivision. 4. Tracked armored vehicles that provide ballistic protection to their occupants and utilize a tracked system instead of wheels for forward motion. 5. Command and control vehicles that are either built or modified to facilitate the operational control and direction of public safety units. 6. Weaponized aircraft, vessels, or vehicles of any kind. 7. Battering rams, slugs, and breaching apparatuses that are explosive in nature. However, items designed to remove a lock, such as bolt cutters, or a handheld ram designed to be operated by one person, are specifically excluded from this subdivision. 8. Firearms of.50 caliber or greater. However, standard issue shotguns are specifically excluded from this subdivision. 9. Ammunition of.50 caliber or greater. However, standard issue shotgun ammunition is specifically excluded from this subdivision. 10. Specialized firearms and ammunition of less than.50 caliber, including assault weapons as defined in Sections 30510 and 30515 of the Penal Code, with the exception of standard issue service weapons and ammunition of less than.50 caliber that are issued to officers, agents, or employees of a law enforcement agency or a state agency. 11. Any firearm or firearm accessory that is designed to launch explosive projectiles. 12. "Flashbang" grenades and explosive breaching tools, ''tear gas,'' and "pepper balls," excluding standard, service-issued handheld pepper spray. 13. Taser Shockwave, microwave weapons, water cannons, and the Long Range Acoustic Device (LRAD). 14. The following projectile launch platforms and their associated munitions: 40mm projectile launchers, "bean bag," rubber bullets, and specialty impact munition (SIM) weapons. 15. Any other equipment as determined by a governing body or a state agency to require additional oversight. 16. Notwithstanding paragraphs (1) through (15), "Military Equipment" does not include general equipment not designated as prohibited or controlled by the federal Defense Logistics Agency. Copyright Lexipol, LLC 2024/03/28, All Rights Reserved. Military Equipment - 535 Published with permission by Benicia Police Department Benicia Police Department Benicia PD Policy Manual Benicia PD Policy Manual Military Equipment 709.2 POLICY It is the policy of the Benicia Police Department that members of this department comply with the provisions of Government Code § 7071 with respect to military equipment, including when and how such equipment may be deployed, and meet the reporting requirements of Government Code § 7072. 709.3 ANNUAL MILITARY EQUIPMENT REPORT Pursuant to California Government Code §7070(d)(6), and in accordance with California Government Code §7072, the Benicia Police Department will submit to the Benicia City Council an Annual Military Equipment Report and will make that report publicly available on its internet website. The Annual Military Equipment Report required by this section will remain publicly available on the City's internet website for as long as the military equipment is available for use. In addition, within 30 days of submitting and publicly releasing an Annual Military Equipment Report pursuant to this section, the Police Department shall hold at least one well-publicized and conveniently located community engagement meeting. The Annual Military Equipment Report will include the following information for the immediately preceding calendar year for each type of military equipment: (a) A summary of how the military equipment was used and the purpose of its use. (b) A summary of any complaints or concerns received concerning the military equipment. (c) The results of any internal audits, any information about violations of the military equipment use policy, and any actions taken in response. (d) The total annual cost for each type of military equipment, including acquisition, personnel, training, transportation, maintenance, storage, upgrade, and other ongoing costs, and from what source funds will be provided for the military equipment in the calendar year following submission of the annual military equipment report. (e) The quantity possessed for each type of military equipment. (f) If the law enforcement agency intends to acquire additional military equipment in the next year, the quantity sought for each type of military equipment. The Benicia City Council will use the Annual Military Equipment Report as a mechanism to ensure the Benicia Police Department's compliance with this Military Equipment Use Policy, and to help it determine whether to approve, revise, or revoke components of the Military Equipment Use Policy for the subsequent year. 709.4 COLLABORATION OR COORDINATION WITH OTHER AGENCIES Law enforcement agencies responding to a call for mutual aid or who participate in collaboration with Benicia Police Department within the City of Benicia shall adhere to their own policies on the use of military equipment. Copyright Lexipol, LLC 2024/03/28, All Rights Reserved. Military Equipment - 536 Published with permission by Benicia Police Department Benicia Police Department Benicia PD Policy Manual Benicia PD Policy Manual Military Equipment 709.5 POLICY COMPLIANCE Government Code section 7070 requires that this policy specify the mechanisms to be used by the Department to ensure compliance with this policy. Complaints regarding violations of this policy are subject to investigation and discipline in accordance with Policy 1020, and other policies of the Department related to officer discipline. Complaints, questions, or other inquiries can be made as described below in the Public Involvement section. Further, The Chief will designate a Military Equipment Coordinator, whose responsibilities are described herein, which will include assisting with ensuring compliance with this policy. 709.6 PUBLIC INVOLVEMENT Pursuant to California Government Code §7070(d)(7), members of the public may register complaints or concerns or submit questions about the use of each specific type of Military Equipment in this policy by any of the following means: (a) Via phone call to: 707-745-3412 (b) Via mail sent to: Benicia Police Department Attn: Military Equipment Coordinator 200 East L St. Benicia, CA. 94510 (c) Via Email: Police@ci.benicia.ca.us The Benicia Police Department is committed to responding to complaints, concerns and/or questions received through any of the above methods in a timely manner. 709.7 MILITARY EQUIPMENT COORDINATOR The Chief of Police shall designate a member of this department to act as the military equipment coordinator. The responsibilities of the military equipment coordinator include but are not limited to: (a) Acting as liaison to the governing body for matters related to the requirements of this policy. (b) Identifying department equipment that qualifies as military equipment in the current possession of the Department, or the equipment the Department intends to acquire that requires approval by the governing body. (c) Conducting an inventory of all military equipment at least annually. (d) Collaborating with any allied agency that may use military equipment within the jurisdiction of the Benicia Police Department (Government Code § 7071). (e) Preparing for, scheduling, and coordinating the annual community engagement meeting to include: (1) Publicizing the details of the meeting. (2) Preparing for public questions regarding the department's funding, acquisition, and use of equipment. Copyright Lexipol, LLC 2024/03/28, All Rights Reserved. Military Equipment - 537 Published with permission by Benicia Police Department Benicia Police Department Benicia PD Policy Manual Benicia PD Policy Manual Military Equipment (f) Preparing the annual military equipment report for submission to the Chief of Police and ensuring that the report is made available on the department website (Government Code § 7072). (g) Establishing the procedure for a person to register a complaint or concern, or how that person may submit a question about the use of a type of military equipment, and how the Department will respond in a timely manner. 709.8 MILITARY EQUIPMENT INVENTORY Pursuant to Government Code section 7070(d), the below provides a description of each type of military equipment, the quantity sought, its capabilities, expected lifespan, and product descriptions from the manufacturer of the military equipment. This section will include the purposes and authorized uses, the fiscal impact, the legal and procedural rules that govern the use, and the training required, for each type of military equipment. Refer to the Solano County Sheriff's Office website for a list qualifying equipment not previously listed in this policy, that is not owned or regularly utilized by the Benicia Police Department, but which is known to be owned and/ or utilized by the Solano County Sheriff's Office Regional SWAT Team, for which the Benicia Police Department is a participating agency. While the equipment is not purchased, owned, or maintained by the Benicia Police Department, it could be used in the City of Benicia if the Solano County Sheriff's Office Regional SWAT is deployed, and is therefore referenced in this Military Equipment Use Policy. Note that the Solano County Sheriff's Office Regional SWAT Team is generally only deployed in extreme circumstances such as active shooter incidents, hostage situations, and the execution of high-risk search and arrest warrants. The equipment the Solano County Sheriff's Office Regional SWAT Team possesses is rarely deployed but could prove essential to emergency operations when needed. The list below is the inventory of qualifying equipment that is owned/sought and/or utilized by the Benicia Police Department. MILITARY EQUIPMENT INVENTORY Qualifying Equipment Owned by the Benicia Police Department Equipment Name: Heckler & Koch 5.56mm Semiautomatic Rifles and Ammunition. Quantity Owned: 6 Lifespan: 15 Years Equipment Capabilities: The HK416 is a select fire semi-automatic/fully automatic rifle and is capable of firing 5.56 mm projectile rifle rounds. The attached magazine holds 30 rounds of ammunition and allows officers the ability to engage hostile suspects at distances generally greater than the effective distance of their handguns. Manufacturer Product Description: The HK416 is a 5.56x45mm magazine fed lightweight auto rifle available in multiple barrel lengths that is gas operated via short Copyright Lexipol, LLC 2024/03/28, All Rights Reserved. Military Equipment - 538 Published with permission by Benicia Police Department Benicia Police Department Benicia PD Policy Manual Benicia PD Policy Manual Military Equipment stroke gas piston system for enhanced reliability built on the common M4/M16/AR15 style platform. Purpose/Authorized Uses: HK416 rifles are to be used exclusively by officers assigned to the Solano County Sheriff's Office Regional SWAT Team. These rifles are typically deployed by SWAT officers (operators) during high-risk SWAT operations. Examples of some general guidelines for deploying the HK 416 rifle: 1. Situations where the officer reasonably anticipates an armed encounter. 2. When an officer is faced with a situation that may require accurate and effective fire at long range. 3. Situations where an officer reasonably expects the need to meet or exceed a suspect's firepower. 4. When an officer reasonably believes that there may be a need to engage with a barricaded person or a person with a hostage. 5. When an officer reasonably believes that a suspect may be wearing body armor. Fiscal Impacts: The initial cost of equipment was approximately $1,476 per rifle. Rifle maintenance is conducted by trained departmental staff. Legal/Procedural Rules Governing Use: The use of this weapons system is also governed under Lexipol Policy 300 - Use of Force, and Lexipol Policy 312 – Firearms. Training Required: Officers must successfully complete a 16-hour POST approved Patrol Rifle Course, a 40-hour POST approved SWAT Operators Course, and regularly train and qualify with various weapons systems including the HK 416 rifle to maintain proficiency. Equipment Name: Winchester Ranger.223 Rem 55 Grain Soft Point Rifle Round. Fiscal Impact: Cost $767 per case of 1000. Quantity Owned: 19,440 rounds. Description: Winchester Ranger 223 Remington 55 Grain Pointed Soft Point ammo review offers the following information: This Winchester Ranger.223 Remington ammo features a 55 Grain Pointed Soft Point bullet. This Winchester Ranger 223, 55 grain Power Point Soft Point is intended for Law Enforcement use. The Winchester Ranger 223 Remington has a muzzle velocity of 3240 feet per second and a muzzle energy of 1262 foot pounds. Winchester Ranger ammo is reloadable, features brass cases and Boxer primers. This ammunition is non-corrosive. Equipment Name:.308 Bolt Action Rifle- Barrett MRAD and Ammo Quantity Owned: 1 owned Copyright Lexipol, LLC 2024/03/28, All Rights Reserved. Military Equipment - 539 Published with permission by Benicia Police Department Benicia Police Department Benicia PD Policy Manual Benicia PD Policy Manual Military Equipment Lifespan: 20 years (minimum) Equipment Capabilities: A bolt-action rifle with precision optics that fires a 308 caliber Winchester round. The 308 rifle provides SWAT snipers with the ability to engage hostile suspects at great distances with precise accuracy. Purpose/Authorized Uses: 308 bolt action Sniper rifles are to be used exclusively by officers assigned to the SWAT Sniper Team. These rifles are typically deployed with the SWAT Sniper Team during high-risk SWAT operations and special events or instances wherein Sniper Over Watch Teams are needed. Fiscal Impacts: The initial cost of the equipment was approximately $5,970. The ongoing costs for ammunition will vary and maintenance is conducted by departmental staff at no cost. Legal/Procedural Rules Governing Use: All applicable State, Federal and Local laws governing police use of force. Benicia Police Department Policies on Use of Force. The use of this weapons system is also governed under Lexipol Policy 300 - Use of Force, and Lexipol Policy 312– Firearms. Training Required: SWAT Snipers must successfully complete a 40-hour POST approved SWAT Operator School and attend a 40-hour POST approved Basic Sniper School. SWAT Snipers most also regularly train and qualify with various weapons systems including the 308-bolt action Sniper rifle to maintain proficiency Equipment Name:.308 Winchester Supreme 168 grain Ammunition Quantity Owned: Approximately 1080 rounds. Description: This Winchester Supreme 308 Winchester ammo features 168 grain Match King boat tail hollow point bullets. 308 Winchester by Winchester Supreme has a muzzle velocity of 2680 feet per second and muzzle energy of 2680 foot pounds. Winchester Supreme 308 Winchester is non-corrosive, reloadable, and features boxer primer and brass casing. Fiscal Impacts: Cost is $44.89 per box of 20 rounds. Equipment Name: 40mm Launchers and Rounds Quantity Owned: 2 Lifespan: 25 years Equipment Capabilities: 40mm Launchers are utilized by department personnel as a less lethal tool to launch less lethal impact rounds. The 40mm Less Lethal Launcher is capable of firing 40mm Kinetic Energy Munitions. Purpose/Authorized Use: To limit the escalation of conflict as a less lethal use of force and/or to gain compliance or overcome resistance by targeting dangerous individuals Copyright Lexipol, LLC 2024/03/28, All Rights Reserved. Military Equipment - 540 Published with permission by Benicia Police Department Benicia Police Department Benicia PD Policy Manual Benicia PD Policy Manual Military Equipment or areas. Situations for use of the less lethal weapon systems may include, but are not limited to: 1. Self-destructive, armed, dangerous and/or combative individuals. 2. Riot/crowd control and civil unrest incidents. 3. Circumstances where a tactical advantage can be obtained. 4. Training exercises. Manufacturer Product Description: Defense Technologies 40mm launcher, cost $855 each. Manufactured exclusively for Defense Technology, the 40LMTS is a tactical single shot launcher with lightrail. The ambidextrous LateralSling Mount and QD mounting systems allow both a single and a two-point sling attachment. The 40LMTS will fire standard 40mm less lethal ammunition, up to 4.8 inches in cartridge length. The Picatinny Rail Mounting System will accept a wide array of enhanced optics/sighting systems. (Description Source: https://www.defense-technology.com/product/40mm-lmt-tactical- single-launcher-expandable-stock/) Direct Impact 40mm Model 6326 Marking Crushable Foam Round Quantity- 4 rounds, $18.46 per round. The 40mm Direct Impact munition is a point-of-aim, point-of-impact direct-fire round. Exact Impact 40mm Model 6325 Standard Range Sponge Round. Quantity- 16 rounds, $19.33 per round. The exact impact 40mm Sponge Round is a point-of-aim, point- of-impact direct-fire round. This lightweight, high-speed projectile consisting of a plastic body and sponge nose that is spin stabilized via the incorporated rifling collar and the 40mm launcher's rifled barrel. The round utilizes smokeless powder as the propellant, and therefore, have velocities that are extremely consistent. Used for Crowd Control, Patrol, and Tactical Applications. Fiscal Impacts: The initial cost of this equipment was approximately $1710 for two 40mm Less Lethal Launchers. The ongoing costs for munitions will vary depending on supply. Maintenance is conducted by departmental staff. Legal/Procedural Rules Governing Use: All applicable State, Federal and Local laws governing police use of force. Benicia Police Department Policies on Use of Force and Crowd Control. Training Required: Officers must complete a department certified 40mm course as well as regular training and qualifications as required by law and policy. Equipment Name: Pepper ball Launcher Tac-SF and Rounds Quantity Owned: 4 Lifespan: 10 years Copyright Lexipol, LLC 2024/03/28, All Rights Reserved. Military Equipment - 541 Published with permission by Benicia Police Department Benicia Police Department Benicia PD Policy Manual Benicia PD Policy Manual Military Equipment Equipment Capabilities: The Pepper ball Tac-SF Launcher is a less lethal tool to launch less lethal impact rounds. The Pepper ball Launcher is capable of firing 68 caliber pepper ball rounds. Product Description: The TAC-SF semi-automatic launcher is a semi-automatic launcher that may be used for, riot-control scenarios or any other situation requiring high- intensity engagement. It quickly disperses PAVA across expansive areas making it a solid tool for operational teams. Pepper balls are potent but non- lethal weapons that contain powdered chemical that are designed to help subdue an attacker. Pepper ball Live-X.68 caliber rounds. Approx. 400 rounds. Current cost is $995 per pack of 375 rounds. Purpose/Authorized Uses: The pepper ball Launchers are intended for use as a less lethal use of force option. To limit the escalation of conflict where employment of lethal force is prohibited or undesirable. Situations for use may include but are not limited to: (a) self-destructive, dangerous, and/or combative individuals; (b) barricaded suspects; and (c) training exercises. Fiscal Impacts: The initial cost of this equipment was approximately $1700. The ongoing costs for munitions will vary depending on market costs. Maintenance and training are conducted by departmental staff. Legal/Procedural Rules Governing Use: All applicable State, Federal and Local laws governing police use of force. Benicia Police Department Policies on Use of Force and Crowd Control. Training Required: Officers must complete a department certified pepper ball Launcher course as well as regular training and qualifications as required by law and policy. Equipment Name: Less Lethal Shotgun and Rounds Quantity Owned: 12 Lifespan: 15 years Equipment Capabilities: The Remington 870 pump action 12 gauge shot gun is capable of firing 12 gauge Drag Stabilized Bean Bag Round. Product Description: The Remington 870 Less Lethal Shotgun is used to deploy the less lethal 12-gauge Super-Sock Beanbag round up to 75 feet. The range of the weapon system helps to maintain space between officers and a suspect reducing the immediacy of the threat which is a principle of de-escalation. The Remington 870 pump shotgun is a reliable 12 gauge with double action bars for smooth pump operation. The shotgun has a distinctive blaze orange buttstock, forearm grip, and sling. Purpose/Authorized Uses: The Less Lethal Shotgun is intended for use as a less lethal use of force option. To limit the escalation of conflict where employment of lethal force is prohibited or undesirable. Situations for use may include but are not limited to: (a) self- Copyright Lexipol, LLC 2024/03/28, All Rights Reserved. Military Equipment - 542 Published with permission by Benicia Police Department Benicia Police Department Benicia PD Policy Manual Benicia PD Policy Manual Military Equipment destructive, dangerous, and/or combative individuals; (b) barricaded suspects; and (c) training exercises. Fiscal Impacts: The initial cost of this equipment was approximately $4,800 total. The ongoing costs for munitions will vary based on need and market cost. Maintenance is conducted by departmental staff. The current replacement cost for the Remington 870 shotgun is approximately $687.00. Legal/Procedural Rules Governing Use: All applicable State, Federal and Local laws governing police use of force. Benicia Police Department Policies on Use of Force and Crowd Control. Training Required: Officers must complete a department certified 12 gauge Less Lethal Shotgun course as well as regular training and qualifications as required by law and policy. Equipment Name: Defense Technology 12 gauge Drag Stabilized Bean Bag Round. Product Description: The 12-Gauge Drag Stabilize Round is comprised of a translucent 12-Gauge shell loaded with a 40-gram, tear shaped bag made from a cotton and ballistic material blend and filled with #9 shot. This design utilizes four (4) stabilizing tails. The 12- Gauge Drag Stabilize Round utilizes smokeless powder as the propellant. Fiscal Impact: Approx. 921 rounds. $36 per 5 rounds replacement cost. Approximate expiration date of 5 years. Equipment Name: Robotex Avatar Tactical Robot Quantity Owned: 1 Lifespan: 10-15 years Equipment Capabilities: A remote controlled robot that can quickly and easily be deployed. Capable to navigating various terrain such as stairs, sand, clothing, grass, etc. Two-way audio, and video recording capability. Manufacturer Product Description: The AVATAR enables law enforcement officers to remotely inspect dangerous situations and gather video and audio intelligence including direct-to-unit video and audio recording, touch screen display, increased durability, and secure Wi-Fi networking. With these capabilities officers will be better equipped to remotely gather intelligence and keep themselves and their teams safe from harm. Purpose/Authorized Uses: The Robotex Avatar Tactical Robot is a safety tool that allows SWAT and tactical teams to inspect/assess areas or dangerous situations prior to having officers enter an occupied or unoccupied dwelling. Fiscal Impacts: The initial cost of this equipment was $29,999 and was fully purchased through a grant. There are no annual maintenance costs. Legal/Procedural Rules Governing Use: All applicable state and federal laws, and Benicia Police Department Policies on Search and Seizure Copyright Lexipol, LLC 2024/03/28, All Rights Reserved. Military Equipment - 543 Published with permission by Benicia Police Department Benicia Police Department Benicia PD Policy Manual Benicia PD Policy Manual Military Equipment Training Required: Officers must complete a department approved robot operator course and receive regular training as required by law and policy. Copyright Lexipol, LLC 2024/03/28, All Rights Reserved. Military Equipment - 544 Published with permission by Benicia Police Department Benicia Police Department Benicia PD Policy Manual Chapter 8 - Support Services Copyright Lexipol, LLC 2024/03/28, All Rights Reserved. Support Services - 545 Published with permission by Benicia Police Department Policy Benicia Police Department 800 Benicia PD Policy Manual Crime Analysis 800.1 PURPOSE AND SCOPE Crime analysis should provide currently useful information to aid operational personnel in meeting their tactical crime control and prevention objectives by identifying and analyzing methods of operation of individual criminals, providing crime pattern recognition, and providing analysis of data from field interrogations and arrests. Crime analysis can be useful to the Department's long range planning efforts by providing estimates of future crime trends and assisting in the identification of enforcement priorities. 800.2 DATA SOURCES Crime analysis data is extracted from many sources including, but not limited to: • Crime reports • Field Interview cards • Parole and Probation records • Computer Aided Dispatch data • Statewide Integrated Traffic Reporting System (SWITRS) 800.3 CRIME ANALYSIS FACTORS The following minimum criteria should be used in collecting data for Crime Analysis: • Frequency by type of crime • Geographic factors • Temporal factors • Victim and target descriptors • Suspect descriptors • Suspect vehicle descriptors • Modus operandi factors • Physical evidence information 800.4 CRIME ANALYSIS DISSEMINATION For a crime analysis system to function effectively, information should be disseminated to the appropriate units or persons on a timely basis. Information that is relevant to the operational and tactical plans of specific line units should be sent directly to them. Information relevant to the development of the Department's strategic plans should be provided to the appropriate staff units. When information pertains to tactical and strategic plans, it should be provided to all affected units. Copyright Lexipol, LLC 2024/03/28, All Rights Reserved. Crime Analysis - 546 Published with permission by Benicia Police Department Policy Benicia Police Department 802 Benicia PD Policy Manual Dispatch 802.1 PURPOSE AND SCOPE This policy establishes guidelines for the basic functions of Dispatch. It addresses the immediate information needs of the Department in the course of its normal daily activities and during emergencies. 802.2 POLICY It is the policy of the Benicia Police Department to provide 24-hour telephone service to the public for information and for routine or emergency assistance. The Department provides two-way radio capability providing continuous communication between Dispatch and department members in the field. 802.3 DISPATCH SECURITY The communications function is vital and central to all emergency service operations. The safety and security of Dispatch, its members and its equipment must be a high priority. Special security procedures should be established in a separate operations manual for Dispatch. Access to Dispatch shall be limited to Dispatch members, the Supervisor, command staff and department members with a specific business-related purpose. 802.4 RESPONSIBILITIES 802.4.1 DISPATCH SUPERVISOR The Chief of Police shall appoint and delegate certain responsibilities to a Dispatch Supervisor. The Dispatch Supervisor is directly responsible to the Patrol Division Commander or the authorized designee. The responsibilities of the Dispatch Supervisor include, but are not limited to: (a) Overseeing the efficient and effective operation of Dispatch in coordination with other supervisors. (b) Scheduling and maintaining dispatcher time records. (c) Supervising, training and evaluating dispatchers. (d) Ensuring the radio and telephone recording system is operational. 1. Recordings shall be maintained in accordance with the established records retention schedule and as required by law. (e) Processing requests for copies of Dispatch information for release. (f) Maintaining Dispatch database systems. (g) Maintaining and updating Dispatch procedures manual. 1. Procedures for specific types of crime reports may be necessary. For example, specific questions and instructions may be necessary when talking with a victim Copyright Lexipol, LLC 2024/03/28, All Rights Reserved. Dispatch - 547 Published with permission by Benicia Police Department Benicia Police Department Benicia PD Policy Manual Benicia PD Policy Manual Dispatch of a sexual assault to ensure that his/her health and safety needs are met, as well as steps that he/she may take to preserve evidence. 2. Ensuring dispatcher compliance with established policies and procedures. (h) Handling internal and external inquiries regarding services provided and accepting personnel complaints in accordance with the Personnel Complaints Policy. (i) Maintaining a current contact list of City personnel to be notified in the event of a utility service emergency. 802.4.2 DISPATCHERS Dispatchers report to the Dispatch Supervisor. The responsibilities of the dispatcher include, but are not limited to: (a) Receiving and handling all incoming and transmitted communications, including: 1. Emergency 9-1-1 lines. 2. Business telephone lines. 3. Telecommunications Device for the Deaf (TDD)/Text Telephone (TTY) equipment. 4. Radio communications with department members in the field and support resources (e.g., fire department, emergency medical services (EMS), allied agency law enforcement units). 5. Other electronic sources of information (e.g., text messages, digital photographs, video). (b) Documenting the field activities of department members and support resources (e.g., fire department, EMS, allied agency law enforcement units). (c) Inquiry and entry of information through Dispatch, department and other law enforcement database systems (CLETS, DMV, NCIC). (d) Monitoring department video surveillance systems. (e) Maintaining the current status of members in the field, their locations and the nature of calls for service. (f) Notifying the Supervisor or field supervisor of emergency activity, including, but not limited to: 1. Vehicle pursuits. 2. Foot pursuits. 3. Assignment of emergency response. 802.5 CALL HANDLING This Department provides members of the public with access to the 9-1-1 system for a single emergency telephone number. Copyright Lexipol, LLC 2024/03/28, All Rights Reserved. Dispatch - 548 Published with permission by Benicia Police Department Benicia Police Department Benicia PD Policy Manual Benicia PD Policy Manual Dispatch When a call for services is received, the dispatcher will reasonably and quickly attempt to determine whether the call is an emergency or non-emergency, and shall quickly ascertain the call type, location and priority by asking four key questions: • Where? • What? • When? • Who? If the dispatcher determines that the caller has a hearing and/or speech impairment or disability, he/she shall immediately initiate a connection with the individual via available TDD/TTY equipment or Telephone Relay Service (TRS), as mandated by the Americans with Disabilities Act (ADA). If the dispatcher determines that the caller is a limited English proficiency (LEP) individual, the dispatcher should quickly determine whether sufficient information can be obtained to initiate an appropriate response. If language assistance is still needed, the language is known and a language-appropriate authorized interpreter is available in Dispatch, the dispatcher should immediately connect the LEP caller to the authorized interpreter. If no authorized interpreter is available or the dispatcher is unable to identify the caller’s language, the dispatcher will contact the contracted telephonic interpretation service and establish a three- party call connecting the dispatcher, the LEP individual and the interpreter. Dispatchers should be courteous, patient and respectful when dealing with the public. 802.5.1 EMERGENCY CALLS A call is considered an emergency when there is an immediate or potential threat to life or serious property damage, and the timely arrival of public safety assistance is of the utmost importance. A person reporting an emergency should not be placed on hold until the dispatcher has obtained all necessary information to ensure the safety of the responding department members and affected individuals. Emergency calls should be dispatched immediately. The Supervisor shall be notified of pending emergency calls for service when department members are unavailable for dispatch. 802.5.2 NON-EMERGENCY CALLS A call is considered a non-emergency call when there is no immediate or potential threat to life or property. A person reporting a non-emergency may be placed on hold, if necessary, to allow the dispatcher to handle a higher priority or emergency call. The reporting person should be advised if there will be a delay in the dispatcher returning to the telephone line or when there will be a delay in the response for service. 802.6 RADIO COMMUNICATIONS The police radio system is for official use only, to be used by dispatchers to communicate with department members in the field. All transmissions shall be professional and made in a calm, Copyright Lexipol, LLC 2024/03/28, All Rights Reserved. Dispatch - 549 Published with permission by Benicia Police Department Benicia Police Department Benicia PD Policy Manual Benicia PD Policy Manual Dispatch businesslike manner, using proper language and correct procedures. Such transmissions shall include, but are not limited to: (a) Members acknowledging the dispatcher with their radio identification call signs and current location. (b) Dispatchers acknowledging and responding promptly to all radio transmissions. (c) Members keeping the dispatcher advised of their status and location. (d) Member and dispatcher acknowledgements shall be concise and without further comment unless additional information is needed. The Dispatch Supervisor shall be notified of radio procedure violations or other causes for complaint. All complaints and violations will be investigated and reported to the complainant’s supervisor and processed through the chain of command. 802.6.1 FEDERAL COMMUNICATIONS COMMISSION COMPLIANCE Benicia Police Department radio operations shall be conducted in accordance with Federal Communications Commission (FCC) procedures and requirements. 802.6.2 RADIO IDENTIFICATION Radio call signs are assigned to department members based on factors such as duty assignment, uniformed patrol assignment and/or member identification number. Dispatchers shall identify themselves on the radio with the appropriate station name or number, and identify the department member by his/her call sign. Members should use their call signs when initiating communication with the dispatcher. The use of the call sign allows for a brief pause so that the dispatcher can acknowledge the appropriate department member. Members initiating communication with other law enforcement or support agencies shall use their entire radio call sign, which includes the department station name or number. 802.7 DOCUMENTATION It shall be the responsibility of Dispatch to document all relevant information on calls for service or self-initiated activity. Dispatchers shall attempt to elicit, document and relay as much information as possible to enhance the safety of the member and assist in anticipating conditions that may be encountered at the scene. Desirable information would include, at a minimum: • Incident control number. • Date and time of request. • Name and address of the reporting person, if possible. • Type of incident reported. • Involvement of weapons, drugs and/or alcohol. • Location of incident reported. • Identification of members assigned as primary and backup. Copyright Lexipol, LLC 2024/03/28, All Rights Reserved. Dispatch - 550 Published with permission by Benicia Police Department Benicia Police Department Benicia PD Policy Manual Benicia PD Policy Manual Dispatch • Time of dispatch. • Time of the responding member’s arrival. • Time of member’s return to service. • Disposition or status of reported incident. 802.8 CONFIDENTIALITY Information that becomes available through Dispatch may be confidential or sensitive in nature. All members of Dispatch shall treat information that becomes known to them as confidential and release that information in accordance with the Protected Information Policy. Automated data, such as Department of Motor Vehicle records, warrants, criminal history information, records of internal police files or medical information, shall only be made available to authorized law enforcement personnel. Prior to transmitting confidential information via the radio, an admonishment shall be made that confidential information is about to be broadcast. 802.9 TRAINING AND CERTIFICATION Dispatchers shall receive training consistent with minimum standards established by POST (Penal Code § 13510). Copyright Lexipol, LLC 2024/03/28, All Rights Reserved. Dispatch - 551 Published with permission by Benicia Police Department Policy Benicia Police Department 803 Benicia PD Policy Manual E911 803.1 PURPOSE AND SCOPE To determine how a Public Safety Dispatcher will handle a dropped wireles 9-1-1 call. This policy is consistent with the standards set by NENA. 803.2 DEFINITIONS A wireless Phase 1 9-1-1 call is ... A Phase 1 wireless 9-1-1 call is delivered to the PSAP with the following information: 1. Wireless phone call back number. 2. Location of the tower that is handling the call. 3. Identification of the wireless service provider responsible for the tower that is handling the call. 4. Directional antenna array information as noted above. A wireless Phase 2 9-1-1 call is ... A Phase 2 wireless 9-1-1 call is delivered to the PSAP with all of the information of a Phase 1 plus the approximate location of the wireless caller based on the X,Y (longitude and latitude) coordinates determined by the system. 803.3 HANDLING TEXT MESSAGES TO 911 1. Two dispatchers/ call takers shall be logged into the Text to 911 System during each shift except in the event there is a solo dispatcher/ call taker on duty. 2. The Text to 911 System shall not be active at stations in the Dispatch Center that is vacant. 3. All Text to 911 shall be documented with a CAD call to include the reason for the 911 Text. 4. The Latitude and Longitude coordinates are an estimate of where the caller/texter may be and is not an exact location. 5. All attempts should be made to locate the caller/texter and determine what it is they are reporting. 6. The call taker should wait no longer than thirty (30) seconds before attempting to update the caller/texter's location in an attempt to get a more accurate latitude and longitude. If the call taker is working an emergency incident then a longer time period is acceptable. All efforts to update the location should be made as soon as it is possible for the call taker to do so. 6.1. If the location of the incident or emergency is outside the jurisdiction of the Benicia Police Department the call taker will transfer the text message(s) to the appropriate agency. If the appropriate agency does not receive Text to 911 then the call taker will gather all necessary information and call the agency directly. 7. Appropriate Public Safety personnel shall be dispatched as soon as possible without delay. 8. If the call taker is unable to communicate with the caller/texter after the initial text message, the call taker will make at least three (3) attempts to communicate with the caller/texter. All attempts will be documented in the generated CAD call. 8.1. Indicated Emergency: Any evidence of an emergency situation requires that communications personnel initiate efforts to re-contact the caller/texter to determine the nature of the incident and Copyright Lexipol, LLC 2024/03/28, All Rights Reserved. E911 - 552 Published with permission by Benicia Police Department Benicia Police Department Benicia PD Policy Manual Benicia PD Policy Manual E911 an accurate location for appropriate public safety response. If attempts to contact the caller/texter are unsuccessful, a field public safety response will be initiated based on the caller/texter's latitude and longitude provided by the Text to 911 System. Extraordinary attempts to locate a wireless 911 texter will only be made in the instance where an emergency is clearly indicated. 9. Nuisance text messages are defined as multiple messages received that are harassing, annoying, or inappropriate in nature. 9.1. If communication personnel receives nuisance text messages the appropriate Nuisance Form shall be filled out and turned into one of the Dispatch Leads and/or the Services Division Lieutenant. 9.2. If the Dispatch Lead(s) and/or the Services Division Lieutenant believes the nuisance to be on- going with no remedy a request to the Chief of Police or his/her designee will be made requesting permission to "block" the nuisance phone number where the text messages were received from. If the "block" is approved, the Dispatch Lead(s) or Services Division Lieutenant will block the phone number for a 1-30 day period in the Text to 911 System. Duration of the "block" will be determined by the Chief of Police or his/her designee. 803.4 HANDLING WIRELESS 9-1-1 CALLS 1. The X,Y coordinate is an estimate and the actual location of the wireless 9-1-1 caller may not be exactly as indicated. 2. The FCC requires that when a Phase II call does not generate a usable geographic location, the call should be delivered as a Phase I call, and include all Phase I information. 3. In the event Phase II information is not delivered with the initial call data, the call taker should wait "N" seconds before initiating a rebid. <