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HomeMy Public PortalAbout20200622plCC4701-32 DOCUMENTS IN THIS PACKET INCLUDE: LETTERS FROM CITIZENS TO THE MAYOR OR CITY COUNCIL RESPONSES FROM STAFF TO LETTERS FROM CITIZENS ITEMS FROM MAYOR AND COUNCIL MEMBERS ITEMS FROM OTHER COMMITTEES AND AGENCIES ITEMS FROM CITY, COUNTY, STATE, AND REGIONAL AGENCIES Prepared for: 06/22/2020 Document dates: 6/3/2020 – 6/10/2020 Set 4 of 12 Note: Documents for every category may not have been received for packet reproduction in a given week. Palo Alto Police Department Policy Manual Training Policy Copyright Lexipol, LLC 2019/10/21, All Rights Reserved. Published with permission by Palo Alto Police Department Training Policy - 25 208.5.1 REQUIRED TRAINING All sworn employees in the department are required to attend mandatory training. "Mandatory Training" is defined as: (a)POST mandated training; (b)Department mandated training; (c)City of Palo Alto mandated training. The Personnel and Training Unit will notify all sworn employees of the upcoming mandatory training. Every effort will be made by the employee to attend the training. However, an employee on disability, bereavement leave, extended sick leave, or attending another mandatory training school may be excused. It is the employee's responsibility to contact their supervisor and obtain approval for the absence. The supervisor should notify the Personnel and Training Unit. 208.6 TRAINING SAFETY It shall be the policy of the Palo Alto Police Department to conduct all training in such a manner as to promote an attitude of safety among instructors and students alike. The efforts of all personnel involved in training shall be directed toward ensuring a safe atmosphere within which a maximum training benefit can be realized. 208.6.1 DEFINITIONS The following material has been made a resource in developing this policy: (a)POST Guidelines for Student Safety in Certified Courses California commission on Peace Officer Standards and Training 2001; (b)City of Palo Alto Policy and Procedures Manual, 3-1, Safety Policy, Revised January 2000. 208.6.2 PROCEDURE (a)PERSONNEL AND TRAINING RESPONSIBILITIES: 1.The Personnel and Training Unit shall provide advance notice to prospective trainees of the anticipated physical demands and/or physical performance expectations. Additionally, the Personnel and Training Unit shall provide advance notice if specialized safety equipment will be required; 2.Instructors shall be provided with a copy of the specific safety guideline pertaining to their course of instruction prior to the commencement of their class; 3.Personnel and Training or their designee shall ensure that emergency communications (phone, radio or other means) are accessible at all training sites; Palo Alto Police Department Policy Manual Training Policy Copyright Lexipol, LLC 2019/10/21, All Rights Reserved. Published with permission by Palo Alto Police Department Training Policy - 26 4.At least one member of the instructional staff, either directly involved in the training event or immediately available at the training site, shall be trained in first aid and CPR; 5.When planning a training event, the Personnel and Training Unit or its designee shall identify which medical facilities and emergency services are available or subject to call in the event of an emergency or injury. (b)INSTRUCTIONAL STAFF-TO-STUDENT RATIOS FOR POST CERTIFIED COURSES ONLY: 1.Factors considered in establishing these ratios included, but were not limited to: (a)The intensity or pace of the training experience; (b)Student familiarity with the material; (c)Characteristics of the training site; (d)Injury potential: (e)Active versus passive participation. 2.For the purposes of establishing an instructional staff to student ratio, the following personnel titles and description are viewed by the Palo Alto Police Department as exerting functional supervision over students in training: (a)Primary/Lead/Principal Instructor; (b)Specialty Coordinator; (c)Course Coordinators; (d)Range Masters; (e)Defensive Tactics Instructors; (f)Field Training Officers; (g)SWAT Team Leaders. 3.The specific ratios are identified in each training subject file, i.e. driver's training would be a maximum of 7 instructors to 18 students. 4.The ratio for any psycho-motors skills training is 1 instructor to 10 students. 5.Assessment of the staff-to-student ratio will be initiated when curriculum changes are proposed or when course structure is otherwise modified. (c)INSTRUCTOR RESPONSIBILITIES: Any defensive tactics or similar training which necessitates the use of firearms shall be taught utilizing Department authorized "red guns", or functional equivalent. Under no circumstances shall training occur using authentic firearms pointed toward any individual. Additionally, all firearms, magazines, Palo Alto Police Department Policy Manual Training Policy Copyright Lexipol, LLC 2019/10/21, All Rights Reserved. Published with permission by Palo Alto Police Department Training Policy - 27 loaders and ammunition are excluded from the training area. Practice of anticipated live-fire exercises is exempt from using red guns, provided no firearm will be pointed toward any individual. (a)The primary instructor or designee shall be responsible for conducting safety inspections of all trainees, their equipment and facilities used for training prior to the initiation of each training event; (b)Instructors should be aware of environmental factors such as weather, air quality, and/or other elements/events and adjust the instruction as necessary; (c)The primary instructor or designee shall verbally review specific safety rules with students prior to beginning subject instruction; (d)Specific safety rules shall be incorporated into lesson plans. Copies of safety rules shall be distributed to students as part of the course handouts. Coordinators are responsible for giving these to the Personnel and Training Division; (e)Instructors shall adhere to the expanded course outline as submitted to POST. Instructors shall also adhere to their lesson plan as approved by Personnel and Training and/or POST; (f)Instructors shall advise students of their responsibility to report and/or stop unsafe actions during training; (g)Instructors shall display an attitude of safety and a professional demeanor at all times. (d)STUDENT RESPONSIBILITIES: (a)Members of the Palo Alto Police Department shall immediately notify the course coordinator, or the Personnel and Training Lieutenant of any known pre-existing medical condition which is likely to be aggravated by, or effect performance during training; (b)Members of the Palo Alto Police Department shall be required to provide evidence of medical or physical limitations for training if the instructor questions his or her ability to perform safely; (c)Members of the Palo Alto Police Department shall immediately notify a member of the training staff of any injury sustained during training; (d)Members of the Palo Alto Police Department are responsible for adhering to all safety requirements of individual courses; (e)Members of the Palo Alto Police Department will not consume any alcoholic beverages before or during training; or take any medication that may adversely affect responsible decision making; Palo Alto Police Department Policy Manual Training Policy Copyright Lexipol, LLC 2019/10/21, All Rights Reserved. Published with permission by Palo Alto Police Department Training Policy - 28 (f)Members or officers of allied agencies participating as students in a Palo Alto Police Department sponsored training course will adhere to the standards delineated in this policy. (e)RESPONSE TO INJURIES - In the event of an injury, the following actions shall be taken as necessary: (a)Render first aid; (b)Obtain appropriate medical assistance; (c)Members of the Palo Alto Police Department who sustain an injury which requires treatment by a physician must obtain a medical release before they will be allowed to resume training; (d)Notify the Personnel and Training Unit immediately; (e)Investigate and complete an injury report using the appropriate reporting form(s). The Personnel and Training Unit Lieutenant may delegate the investigation when appropriate. 208.7 TRAINING PROCEDURES (a)All employees assigned to attend training shall attend as scheduled unless previously excused by their immediate supervisor. Excused absences from mandatory training should be limited to the following: 1.Court appearances 2.First choice vacation 3.Sick leave 4.Physical limitations preventing the employee's participation. 5.Emergency situations (b)When an employee is unable to attend mandatory training, that employee shall: 1.Notify his/her supervisor as soon as possible but no later than one hour prior to the start of training. 2.Document his/her absence in a memorandum to his/her supervisor. 3.Make arrangements through his/her supervisor and the Personnel and Training Lieutenant to attend the required training on an alternate date. 208.8 SIMUNITIONS TRAINING POLICY The Palo Alto Police Department will utilize the FX Marking Cartridge manufactured by Simunition for scenario training. The training will provide realistic situations and prove beneficial in tactical training methods and weapons skills. The training is designed to either train or test officer's Palo Alto Police Department Policy Manual Training Policy Copyright Lexipol, LLC 2019/10/21, All Rights Reserved. Published with permission by Palo Alto Police Department Training Policy - 29 knowledge of department policy/procedure, reaction to threat/danger, or ability to be safe and survive confrontations. 208.8.1 DEFINITION FX Marking Cartridge is a non-lethal live training ammunition available in a variety of colors. Calibers of 9mm and .38 are available. The round has a reduced noise signature so that hearing protection is not needed. It has a reduced energy design so that it can be used on live targets. It cleans up easily. It has sufficient recoil to provide realism. It's effective accuracy is 7-10 yards in handguns, and 20 meters in longer guns. The design tactical accuracy is 6 inches at 25 feet. 208.8.2 SAFETY MEASURES/GUIDELINES Safety is paramount in scenario training. Proper and sound safety practices are mandatory when the FX Marking Cartridge is utilized. The following safety measures/guidelines will be followed: (a)The use of protective equipment is mandatory. It shall include full-face mask, throat protection, and groin protection. Optional equipment, but highly recommended are gloves, hard athletic style cup, and clothing to cover the skin (Eye protection should be tested and able to withstand velocities in excess of 400 f.p.s.). (b)Students should wear the clothing and equipment that they normally wear during their duty assignments. Additionally, the training artificialities such as the groin, face, eye, and throat protection mentioned above should be worn on top of normal duty clothing and equipment. Role players' safety is of extreme importance and they should be as protected from blunt trauma and from FX projectile impact as possible. A role player should not be injured due to a lack of or improper use of protective clothing and equipment. 208.9 SCENARIO DEVELOPMENT/TRAINING Scenario based training involves placing students in situations that simulate actual conditions normally found in their working environment. The objective of the scenario should either be to teach a response to a situation or test a response to a situation. (a)Each Scenario developed will have the following mandatory components addressed: 1.Personnel; 2.Training Location; 3.Equipment; 4.Training Objective; 5.Briefings. (b)Minimum Recommended Personnel - The following personnel are deemed as the minimum requirement for all scenario training: Palo Alto Police Department Policy Manual Training Policy Copyright Lexipol, LLC 2019/10/21, All Rights Reserved. Published with permission by Palo Alto Police Department Training Policy - 30 1.Training Safety Officer (TSO) - one person whose sole task is to insure the safety of all scenario personnel; 2.Training Officer in Charge (OIC) - the person who is in charge of establishing (setting up) and running the scenarios. There may be assistant OIC's if there are several scenario's running; 3.Role Player(s) Student Trainee - the student trainee should arrive at the training scene with a positive attitude. He/she is also responsible for the training environment safety; 4.Other personnel could include additional training staff personnel, depending on the complexity of the scenario training. A Camera Operator, medical personnel, range guards (control entry and exit of the training area), administrators and legal representatives; 5.VIP's that are present to observe must follow all safety rules; including the rules governing protective gear. VIP's are not allowed to interfere with the training environment; 6.In general, photographs and video recordings of the training are prohibited. However, the Personnel and Training Unit may elect to video- tape the training for training purposes only. (c)Training Sites - All training sites must be comprised of three definitive zones. They are as follows: 1.Unsafe Zone: this zone contains all live lethal weapons, rounds, knives etc.; 2.Semi Safe Zone: this zone is free from impact of the safe zone and separated by a physical barrier from the safe zone. This zone houses all briefings, gear storage, FX marking cartridge storage, etc.; 3.Safe Zone: This is the zone that the actual training takes place. No one enters this zone w/ out a safety check. (d)EQUIPMENT - The OIC is responsible for ensuring all of the necessary equipment is present for the scenario training. This equipment includes but is not limited to: 1.Safety equipment; 2.Training aids; 3.Administrative items; and 4.Scenario Information Cards. For a complete list of equipment needs, consult a Department Simunition Instructor. (e)TRAINING OBJECTIVE Palo Alto Police Department Policy Manual Training Policy Copyright Lexipol, LLC 2019/10/21, All Rights Reserved. Published with permission by Palo Alto Police Department Training Policy - 31 1.The Primary Training Objective (PTO) is the concise statement, which defines the intent and the overall methodology of the training session. It should state whether or not the session is testing or training. If it is testing, the student should have been taught the proper response previously. The primary training objective should relate directly to the student's line of work. 2.The Student Training Objectives (STO), are the teaching/learning points to be covered in the scenario. There may be many or there may just be one. They must be identified to the student prior to the training. They must be prioritized to allow for proper time management and they must be included in the instructor information cards to provide consistency and continuity in the training program. (f)BRIEFINGS - There are essentially three different types of briefings that occur before, during, and after the scenario training. They are as follows: 1.Safety Briefing - Prior to the beginning of the training scenario, the TSO is required to discuss safety issues. This includes overall safety issues, a medical plan, and general firearm safety issues. All participants should be present for this briefing. 2.Evolution Briefing - The OIC provides the students with an evolution briefing in order to explain to the students what to expect. Evolution briefings should provide planning information which facilitates the efficiency and quality of the training session, however, the do not cover specific information about the scenario. 3.DEBRIEFING - A debriefing should be conducted right away, not at the end of the day, unless the scenario is video taped. The student, role player, OIC, TSO, and camera operator should be included. Regardless of the debriefing method, staff should always be close enough to the students to physically stop a student from becoming over zealous, hurting themselves, or from brutalizing a role player during training. Staff should not change the course of the training scenario by being close to the action. Policy 212 Palo Alto Police Department Policy Manual Copyright Lexipol, LLC 2019/10/21, All Rights Reserved. Published with permission by Palo Alto Police Department Email/Personal Mail/Telephone Usage/ Voicemail - 32 Email/Personal Mail/Telephone Usage/Voicemail 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 E-MAIL RIGHT OF PRIVACY All e-mail 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 e-mail system or that is stored on any department system. The e-mail system is not a confidential system since all communications transmitted on, to or from the system are the property of the Department. Therefore, the e-mail 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 e-mail. Employees using the Department's e-mail system shall have no expectation of privacy concerning communications utilizing the system. Employees should not use personal accounts to exchange e-mail or other information that is related to the official business of the Department. 212.3 PROHIBITED USE OF E-MAIL Sending derogatory, defamatory, obscene, disrespectful, sexually suggestive and harassing or any other inappropriate messages on the e-mail system is prohibited and may result in discipline. E-mail 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 Captain. 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 e-mail, name and/or password by others. 212.4 MANAGEMENT OF E-MAIL Because the e-mail system is not designed for long-term retention of messages, e-mail that the employee desires to save or that becomes part of an official record should be printed and/or stored Palo Alto Police Department Policy Manual Email/Personal Mail/Telephone Usage/Voicemail Copyright Lexipol, LLC 2019/10/21, All Rights Reserved. Published with permission by Palo Alto Police Department Email/Personal Mail/Telephone Usage/ Voicemail - 33 in another database. Users of e-mail are solely responsible for the management of their mailboxes. Messages should be purged manually by the user at least once per week. All messages in excess of one month will be deleted at regular intervals from the server computer. 212.5 TELEPHONE USAGE The Palo Alto Police Department is not expected to absorb the costs associated with personal telephone calls or the receiving and distribution of personal mail. However, it is understood that employees may need to make personal calls on occasions while on-duty. If City telephones are used for personal reasons, the City shall be reimbursed for the cost of the personal call. However, the prior described situation is an exception; the policy of this Department is that all telephone calls and all correspondence directed to the Department will be of a business nature. 212.5.1 PROCEDURE When it is necessary to use the City telephone system for personal calls, the user shall reimburse the City according to the following procedure: (a)The phone bill will be distributed to each division monthly. The division captain/ coordinator will circulate the phone bill to each employee; (b)Employees shall identify their personal phone calls and complete a Telephone Use Reimbursement form listing the name, the number from which the call was made and the cost. Telephone Use Reimbursement forms are located with the other forms in the Report Writing Room; (c)The total cost of personal phone calls should be paid by check, unless the amount is under one dollar ($1.00), written to the City of Palo Alto. Those bills under one-dollar ($1.00), accompanied with a Telephone Use Reimbursement Form, should be paid in-person at the Revenue Collection counter; (d)The Telephone Use Reimbursement form, together with a check, should be routed to the Division Captain/Coordinator, who will forward it to revenue collections. 212.6 CITY CELLULAR TELEPHONES The Palo Alto Police Department provides cellular telephones or personal digital assistants (PDA's) to personnel in specialty assignments or positions which necessitate the need for this type of equipment to enhance their effectiveness and efficiency. The Department has establlished rate plans for each individual based on the "business need" for the respective assignment or position. 212.6.1 PERSONAL CALLS ON CITY CELLULAR PHONES It is understood employees may need to make personal calls on occasions while on-duty. However, the use of City issued telephones for non-business related calls that bring about billing overages outside of the rate plan will result in the employee having to reimburse the City for personal calls that may have contributed to the overage. Palo Alto Police Department Policy Manual Email/Personal Mail/Telephone Usage/Voicemail Copyright Lexipol, LLC 2019/10/21, All Rights Reserved. Published with permission by Palo Alto Police Department Email/Personal Mail/Telephone Usage/ Voicemail - 34 Employees who need to make personal calls on their issued cellular phones are required to obtain their supervisor's approval. 212.6.2 HANDS FREE DEVICES California Law prohibits the use of cellular telephones by drivers unless the driver is using a hands- free device. Although emergency personnel are exempt from the new "hands-free law" requiring the use of "hands-free" devices for drivers using a cellular phone or PDA, the Department intends to comply with the new law and requires all personnel comply with the following: (a)Hands-free devices shall be used any time a personal or City issued cellular phone/ PDA is used while driving a City vehicle. (b)Use of a hands-free device, while encouraged, is not required by an emergency services professional using a wireless telephone while operating an authorized emergency vehicle, in the course and scope of his or her duties. (California Vehicle Code Section 23123) (c)The use of over-the-ear hands-free devices will be prohibited when driving department vehicles. Using a hands-free device while driving does not eliminate the distraction that comes with cellular telephones. Talking on the phone, dialing and hanging up the phone create a distraction while driving. Whenever possible, department personnel should restrict the use to matters of an urgent nature, exercise caution when using cellular telephones while driving and where practical, stop the vehicle at an appropriate location to complete the call. 212.6.3 OFFICIAL USE The use of personal communication devices may be appropriate in the following situations: (a)Barricaded suspects (b)Hostage situations (c)Mobile Command Post (d)Catastrophic disasters, such as plane crashes, earthquakes, floods, etc. (e)Major political/community events (f)Investigative stakeouts where regular phone usage is not practical (g)Emergency contact with outside agency or outside agency field unit (h)When immediate communication is needed and the use of the radio is not appropriate and other means are not readily available. (i)Calls that must be made immediately and where the use of a hard line telephone would be untimely or not suitable for the situation. Palo Alto Police Department Policy Manual Email/Personal Mail/Telephone Usage/Voicemail Copyright Lexipol, LLC 2019/10/21, All Rights Reserved. Published with permission by Palo Alto Police Department Email/Personal Mail/Telephone Usage/ Voicemail - 35 212.6.4 PROCEDURE To ensure compliance with established rate plans and ensure personal use of City issued equipment does not create additional cost to the City, the following procedure shall be adhered to: (a)The monthly phone bill will be distributed to each division coordinator. The Coordinator is responsible for identifying any overages or discrepancies. (b)Employees required to reimburse the City for personal calls resulting from a rate plan overage shall complete a Telephone Use Reimbursement form listing the name, number from which the call was made, and the cost. The Telephone Use Reimbursement forms are located with the other forms in the Report Writing Room. (c)The total cost of personal phone calls should be paid by check written to the City of Palo Alto, unless the amount is under one dollar ($1.00). Those bills under one dollar ($1.00), accompanied with a Telephone Reimbursement form, should be paid in person at the Revenue Collection counter. (d)The Telephone Reimbursement form, together with a check, should be routed to the Division Coordinator, who will forward it to Revenue Collections. 212.6.5 INDIVIDUALLY OWNED CELLULAR PHONES Employees may carry their own cell phone while on duty subject to the following conditions: (a)Carrying an individually-owned cell phone is optional. (b)The device shall be purchased, used and maintained at the employees expense. (c)Damage or loss of personal device will be the responsibility of the employee. 212.7 PERSONAL MAIL Receiving personal mail at the Police Department address is generally prohibited. 212.8 EMPLOYEE MAIL BOXES Employees are required to visibly check their mailbox on each workday. Employee mailboxes should be kept neat and orderly. Employees should purge old documents in order to maintain room for new material. 212.9 VOICE MAIL 212.9.1 PURPOSE AND SCOPE The Voice Mail policy describes and sets the standards for the way members of the Police Department use voice mail technology. In using the voice mail system, the Police Department will place a strong emphasis on the needs of the public and the public's ability to reach police employees as quickly as possible. Voice mail technology is intended to remove, rather than erect barriers. Consequently, the Police Department's voice mail system is designed to be used in a manner that will enable callers to communicate with a police employee if they so desire. Palo Alto Police Department Policy Manual Email/Personal Mail/Telephone Usage/Voicemail Copyright Lexipol, LLC 2019/10/21, All Rights Reserved. Published with permission by Palo Alto Police Department Email/Personal Mail/Telephone Usage/ Voicemail - 36 212.9.2 SYSTEM WIDE STANDARDS The voice mail system will be available for use 24 hours a day to accommodate the public for key police services and allow employees to direct calls to voice mail during non-business hours. (a)Emergency service telephone numbers, such as the 911 lines or 329-2413, shall not be directed to the voice mail system. (b)In order to promote quality customer service, complaints from the public regarding the voice mail system will be handled in accordance with Policy Manual § 1020 "Personnel Complaint Procedures." (c)Calls answered by voice mail during business hours shall give the caller the opportunity to choose between leaving a message or talking with a staff person. (d)Broadcast messages whether City or Police Department wide shall require Department head approval. (e)The City Manager will have the final decision as to who may have a voice mail box. 212.9.3 DEPARTMENTAL STANDARDS (a)Information about special and ongoing police events may be made available to the public via the voice mail system, especially when a high volume of telephone calls is anticipated. (b)Each division will have at least one number that is always answered by a person during the division's normal business hours. These numbers shall not be forwarded to an automated attendant during these hours. During non-business hours, it is permissible to have a voice mail message handled by the automated attendant features. Divisions that cannot assure constant staffing of the telephone number (due to absences, work-related activities, etc.) must make arrangements with other divisions to provide adequate coverage when Departmental clerical assistants are absent or unavailable. (c)The voice mail system will require daily supervision on the part of each division. 212.9.4 INDIVIDUAL STANDARDS (a)Upon the approval of the Division Captain/Coordinator, telephone numbers assigned to an individual employee may be directed to voice mail when that person is not able to answer the telephone. (b)Individuals who are assigned a mail box will be responsible for checking their mail box on work days for messages. Messages left by callers shall be answered promptly. At a minimum, individuals shall check their voice mail box at the beginning and end of each workday. (c)Voice mail box owners shall keep their outgoing messages professional, timely, and current. Greetings shall not include nicknames, jargon, background noises or other inappropriate messages. During periods of extended absences, box owners should Palo Alto Police Department Policy Manual Email/Personal Mail/Telephone Usage/Voicemail Copyright Lexipol, LLC 2019/10/21, All Rights Reserved. Published with permission by Palo Alto Police Department Email/Personal Mail/Telephone Usage/ Voicemail - 37 arrange to have mail box coverage or an appropriate announcement directing the caller elsewhere. 212.9.5 PUBLIC TELEPHONE DIRECTORY LISTINGS The telephone number published as the Police Department's main public information line (329-2406 or 2407), which are answered by the front desk personnel, shall always be answered by a staff member during normal business hours. The telephone numbers for specific informational lines will be published to allow callers direct access to the voice mail system for frequently requested information. The Government section of the public telephone directory shall indicate which telephone numbers will be answered by the voice mail system. Policy 214 Palo Alto Police Department Policy Manual Copyright Lexipol, LLC 2019/10/21, All Rights Reserved. Published with permission by Palo Alto Police Department Administrative Communications - 38 Administrative Communications 214.1 PURPOSE AND SCOPE Administrative communications of this department are governed by the following policies. 214.2 PERSONNEL ORDER Personnel Order 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. 214.4 SURVEYS All surveys made in the name of the Department shall be authorized by the Chief of Police, Assistant Police Chief, a Division Captain, or a Department Coordinator. Policy 218 Palo Alto Police Department Policy Manual Copyright Lexipol, LLC 2019/10/21, All Rights Reserved. Published with permission by Palo Alto Police Department License to Carry a Firearm - 41 License to Carry a Firearm 218.1 PURPOSE AND SCOPE The Chief of Police is given the statutory discretion to issue a license to carry a firearm to residents within the community (Penal Code § 26150; Penal Code § 26155). This policy will provide a written process for the application and issuance of such licenses. Pursuant to Penal Code § 26160, this policy shall be made accessible to the public. 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). 218.2 POLICY The Palo Alto 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 meet certain requirements, including: (a)Be a resident of the City of Palo Alto (Penal Code § 26150; Penal Code § 26155). (b)Be at least 21 years of age (Penal Code § 29610). (c)Fully complete an application that will include substantial personal information. Much of the information in the application may be subject to public access under the Public Records Act. (d)Be free from criminal convictions that would disqualify the applicant from carrying a firearm. Fingerprints will be required and a complete criminal background check will be conducted. (e)Be of good moral character (Penal Code § 26150; Penal Code § 26155). (f)Show good cause for the issuance of the license (Penal Code § 26150; Penal Code § 26155). (g)Pay all associated application fees. These fees are set by statute and may not be refunded if the application is denied. (h)Provide proof of ownership or registration of any firearm to be licensed. (i)Be free from any psychological conditions that might make the applicant unsuitable for carrying a firearm (Penal Code § 26190). (j)Complete required training (Penal Code § 26165). Palo Alto Police Department Policy Manual License to Carry a Firearm Copyright Lexipol, LLC 2019/10/21, All Rights Reserved. Published with permission by Palo Alto Police Department License to Carry a Firearm - 42 218.4 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 Department of Justice (DOJ) application to be signed under penalty of perjury. Any applicant who provides false information or statements on the application will be removed from further consideration and may be prosecuted for a criminal offense (Penal Code § 26180). 1.In the event of any discrepancies in the application or background investigation, the applicant may be required to undergo a polygraph examination, at no cost to the applicant. 2.If an incomplete application package is received, the Chief of Police or authorized designee may do any of the following: (a)Require the applicant to complete the package before any further processing. (b)Advance the incomplete package to phase two for conditional processing pending completion of all mandatory conditions. (c)Issue a denial if the materials submitted at the time demonstrate that the applicant would not qualify for a license to carry a firearm even if the package was completed (e.g., not a resident, disqualifying criminal conviction, absence of good cause). (b)At the time the completed application is submitted, the applicant shall submit a check made payable to the California Department of Justice for the required California DOJ application fee, along with a separate check made payable to the City of Palo Alto for a nonrefundable 20 percent of the application fee to cover the cost of processing the application (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)The applicant shall be required to submit to fingerprinting and a complete criminal background check by the California DOJ. A second set of fingerprints may be required for retention in [department/office] files. Two recent passport-size photos (2 inches by 2 inches) of the applicant shall be submitted for [department/office] use. No person determined to fall within a prohibited class described in Penal Code § 29800, Penal Code § 29900, Welfare and Institutions Code § 8100 or Welfare and Institutions Code Palo Alto Police Department Policy Manual License to Carry a Firearm Copyright Lexipol, LLC 2019/10/21, All Rights Reserved. Published with permission by Palo Alto Police Department License to Carry a Firearm - 43 § 8103 will be issued a license to carry a firearm. A license shall not be issued if the California DOJ determines that the applicant is prohibited by state or federal law from possessing, receiving, owning or purchasing a firearm (Penal Code § 26195). (d)The applicant should submit at least three signed letters of character reference from individuals other than relatives. (e)The applicant shall submit proof of ownership or registration of each firearm to be licensed. Once the Chief of Police or authorized designee has reviewed the completed application package and relevant background information, the application will either be advanced to phase two or denied. In the event that an application is denied at the conclusion of, or during, phase one, the applicant shall be notified in writing within 90 days of the initial application or within 30 days after receipt of the applicant’s criminal background check from the California DOJ, whichever is later. If the license is denied, the notice shall state which requirement was not satisfied (Penal Code § 26205). 218.4.2 PHASE TWO This phase is to be completed only by those applicants successfully completing phase one. (a)Upon successful completion of phase one, the applicant shall be scheduled for a personal interview with the Chief of Police or authorized designee. During this stage, there will be further discussion of the applicant’s statement of good cause and any potential restrictions or conditions that might be placed on the license. 1.The determination of good cause should consider the totality of circumstances in each individual case. 2.Any denial for lack of good cause should be rational, articulable and not arbitrary in nature. 3.The [Department/Office] will provide written notice to the applicant as to the determination of good cause (Penal Code § 26202). (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 (not to exceed $150) shall be paid by the applicant. The purpose of any such psychological testing is intended only to identify any outward indications or history of psychological problems that might render the applicant unfit to carry a firearm. This testing is not intended to certify in any other respect that the applicant is psychologically fit. If it is determined that the applicant is not a suitable candidate for carrying a firearm, the applicant shall be removed from further consideration (Penal Code § 26190). (c)The applicant shall complete a course of training approved by the [department/office], which complies with Penal Code § 26165. The applicant will not be required to complete and pay for any training courses prior to any determination of good cause (Penal Code § 26165; Penal Code § 26202). Palo Alto Police Department Policy Manual License to Carry a Firearm Copyright Lexipol, LLC 2019/10/21, All Rights Reserved. Published with permission by Palo Alto Police Department License to Carry a Firearm - 44 (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. Whether an application is approved or denied at the conclusion of or during phase two, the applicant shall be notified in writing within 90 days of the initial application or within 30 days after receipt of the applicant’s criminal background check from the California DOJ, whichever is later. If the license is denied, the notice shall state which requirement was not satisfied (Penal Code § 26205). 218.5 LIMITED BUSINESS LICENSE TO CARRY A CONCEALED FIREARM The authority to issue a limited business license to carry a concealed firearm to a non-resident applicant is granted only to the Sheriff of the county in which the applicant works. A chief of a municipal police [department/office] may not issue limited licenses (Penal Code § 26150). Therefore, such applicants may be referred to the Sheriff for processing. An individual who is not a resident of the county but who otherwise successfully completes all portions of phases one and two above, may apply for and be issued a limited license subject to approval by the Sheriff and subject to the following: (a)The applicant physically spends a substantial period of working hours in the applicant’s principal place of employment or business within the City of Palo Alto (Penal Code § 26150). (b)Such a license will be valid for a period not to exceed 90 days from the date of issuance (Penal Code § 26220). (c)The applicant shall provide a copy of the license to the licensing authority of the city or county in which the applicant resides (Penal Code § 26220). (d)Any application for renewal or reissuance of such a license may be granted only upon concurrence of the original issuing authority and the licensing authority of the city or county in which the applicant resides (Penal Code § 26220). 218.6 ISSUED FIREARMS PERMITS In the event a license to carry a firearm is issued by the Chief of Police, the following shall apply: Palo Alto Police Department Policy Manual License to Carry a Firearm Copyright Lexipol, LLC 2019/10/21, All Rights Reserved. Published with permission by Palo Alto Police Department License to Carry a Firearm - 45 (a)The license will be subject to any and all reasonable restrictions or conditions the Chief of Police has deemed warranted, including restrictions as to the time, place, manner and circumstances under which the person may carry the firearm. 1.All such restrictions or conditions shall be conspicuously noted on any license issued (Penal Code § 26200). 2.The licensee will be required to sign a Restrictions and Conditions Agreement. Any violation of any of the restrictions and conditions may result in the immediate revocation of the license. (b)The license shall be laminated, bearing a photograph of the licensee with the expiration date, type of firearm, restrictions and other pertinent information clearly visible. 1.Each license shall be numbered and clearly identify the licensee. 2.All licenses shall be subjected to inspection by the Chief of Police or any law enforcement officer. (c)The license will be valid for a period not to exceed two years from the date of issuance (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. 218.6.1 LICENSE RESTRICTIONS (a)The Chief of Police may place special restrictions limiting time, place, manner and circumstances under which any license shall be valid. In general, these restrictions will prohibit the licensee from: 1.Consuming any alcoholic beverage while armed. 2.Falsely representing him/herself as a peace officer. 3.Unjustified or unreasonable displaying of a firearm. 4.Committing any crime. Palo Alto Police Department Policy Manual License to Carry a Firearm Copyright Lexipol, LLC 2019/10/21, All Rights Reserved. Published with permission by Palo Alto Police Department License to Carry a Firearm - 46 5.Being under the influence of any medication or drug while armed. 6.Interfering with any law enforcement officer’s duties. 7.Refusing to display his/her license or firearm for inspection upon demand of any peace officer. 8.Loading the permitted firearm with illegal ammunition. (b)The Chief of Police reserves the right to inspect any license or licensed firearm at any time. (c)The alteration of any previously approved firearm including, but not limited to adjusting the trigger pull, adding laser sights or modifications shall void any license and serve as grounds for revocation. 218.6.2 AMENDMENTS TO LICENSES Any licensee may apply to amend a license at any time during the period of validity by completing and submitting a written Application for License Amendment along with the current processing fee to the [Department/Office] 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. 218.6.3 REVOCATION OF LICENSES Any license issued pursuant to this policy may be immediately revoked by the Chief of Police for any of the following reasons: (a)The licensee has violated any of the restrictions or conditions placed upon the license. (b)The licensee becomes psychologically unsuitable to carry a firearm. (c)The licensee is determined to be within a prohibited class described in Penal Code § 29800, Penal Code § 29900, Welfare and Institutions Code § 8100, Welfare and Institutions Code § 8103 or any state or federal law. (d)The licensee engages in any conduct which involves a lack of good moral character or that might otherwise remove the good cause for the original issuance of the license. (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). Palo Alto Police Department Policy Manual License to Carry a Firearm Copyright Lexipol, LLC 2019/10/21, All Rights Reserved. Published with permission by Palo Alto Police Department License to Carry a Firearm - 47 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). 218.6.4 LICENSE RENEWAL No later than 90 days prior to the expiration of any valid license to carry a firearm, the licensee may apply to the Chief of Police for a renewal by: (a)Verifying all information submitted in the original application under penalty of perjury. (b)Completing a [department/office]-approved training course pursuant to Penal Code § 26165. The applicant shall not be required to pay for a training course prior to the determination of good cause (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 a non-refundable renewal application fee. Once the Chief of Police or authorized designee has verified the successful completion of the renewal process, the renewal of the license to carry a firearm will either be granted or denied. Prior issuance of a license shall not entitle any licensee to any property or liberty right to renewal. Whether an application for renewal is approved or denied, the applicant shall be notified in writing within 90 days of the renewal application or within 30 days after receipt of the applicant’s criminal background check from the California DOJ, whichever is later (Penal Code § 26205). 218.7 [DEPARTMENT/OFFICE] REPORTING AND RECORDS Pursuant to Penal Code § 26225, the Chief of Police shall maintain a record of the following and immediately provide copies of each to the California DOJ: (a)The denial of a license (b)The denial of an amendment to a license (c)The issuance of a license (d)The amendment of a license (e)The revocation of a license The Chief of Police shall annually submit to the State Attorney General the total number of licenses to carry firearms issued to reserve peace officers and judges. Palo Alto Police Department Policy Manual License to Carry a Firearm Copyright Lexipol, LLC 2019/10/21, All Rights Reserved. Published with permission by Palo Alto Police Department License to Carry a Firearm - 48 218.8 CONFIDENTIAL RECORDS The home address and telephone numbers of any peace officer, public defender, prosecutor, magistrate, court commissioner or judge contained in an application shall not be considered public record (Government Code § 6254(u)(2)). Any information in an application for a license to carry a firearm that indicates when or where the applicant is vulnerable to attack or that concerns the applicant’s medical or psychological history or that of his/her family shall not be considered public record (Government Code § 6254(u)(1)). Policy 220 Palo Alto Police Department Policy Manual Copyright Lexipol, LLC 2019/10/21, All Rights Reserved. Published with permission by Palo Alto Police Department Retiree Concealed Firearms - 49 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 Palo Alto 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 Palo Alto 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 department who (18 USC § 926C(c)): (a)Separated from service in good standing from this department as an officer. (b)Before such separation, had regular employment as a law enforcement officer for an aggregate of 10 years or more or, if employed as a law enforcement officer for less than 10 years, separated from service after completing any applicable probationary period due to a service-connected disability as determined by this department. (c)Has not been disqualified for reasons related to mental health. (d)Has not entered into an agreement with this department where the officer acknowledges that he/she is not qualified to receive a firearm qualification certificate for reasons related to mental health. (e)Is not prohibited by federal law from receiving or possessing a firearm. 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 Palo Alto 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 Palo Alto Police Department Policy Manual Retiree Concealed Firearms Copyright Lexipol, LLC 2019/10/21, All Rights Reserved. Published with permission by Palo Alto Police Department Retiree Concealed Firearms - 50 agency to meet agency-established active duty standards for qualification in firearms training to carry a firearm of the same type as the concealed firearm. 2.A certification, issued by either the state in which the person resides or by a certified firearms instructor who is qualified to conduct a firearms qualification test for active duty law enforcement officers within that state, indicating that the person has, within the past year, been tested or otherwise found to meet the standards established by the state or, if not applicable, the standards of any agency in that state. (b)Not under the influence of alcohol or another intoxicating or hallucinatory drug or substance. (c)Not prohibited by federal law from receiving a firearm. (d)Not in a location prohibited by California law or by a private person or entity on his/her property if such prohibition is permitted by California law. 220.4 CALIFORNIA IDENTIFICATION CARD ISSUANCE Any full-time sworn officer of this department who was authorized to, and did, carry a concealed firearm during the course and scope of his/her employment shall be issued an identification card with a Carrying Concealed Weapon endorsement, "CCW Approved," upon honorable retirement (Penal Code § 25455). (a)For the purpose of this policy, honorably retired includes all peace officers who have qualified for, and accepted, a service or disability retirement. It shall not include any officer who retires in lieu of termination. (b)No CCW Approved endorsement shall be issued to any officer retiring because of a psychological disability (Penal Code § 26305). 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. (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 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). Palo Alto Police Department Policy Manual Retiree Concealed Firearms Copyright Lexipol, LLC 2019/10/21, All Rights Reserved. Published with permission by Palo Alto Police Department Retiree Concealed Firearms - 51 220.5 FORMER OFFICER RESPONSIBILITIES A former officer with a card issued under this policy shall immediately notify the Watch Commander of his/her arrest or conviction in any jurisdiction, or that he/she is the subject of a court order, in accordance with the Reporting of Employee Convictions policy. 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 for all acts taken related to carrying a concealed firearm, acknowledging both his/her personal responsibility as a private person for all acts taken when carrying a concealed firearm as permitted by LEOSA and also that these acts were not taken as an employee or former employee of the Department. (b)Remain subject to all applicable department policies and federal, state and local laws. (c)Demonstrate good judgment and character commensurate with carrying a loaded and concealed firearm. 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 at the retired officer’s expense. (b)Remain subject to all applicable department policies and federal, state and local laws. (c)Not engage in conduct that compromises public safety. (d)Only be authorized to carry a concealed firearm inspected and approved by the Department. 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. In the event that an identification card is denied, suspended or revoked, the former officer may request a review by the Chief of Police. The decision of the Chief of Police is final. 220.7 DENIAL, SUSPENSION OR REVOCATION OF A CALIFORNIA CCW ENDORSEMENT CARD A CCW endorsement under Penal Code § 25470 for any officer retired from this department may be denied or revoked only upon a showing of good cause. The CCW endorsement may be immediately and temporarily revoked by the Watch Commander when the conduct of a retired peace officer compromises public safety. (a)In the event that a CCW endorsement is initially denied, the retired officer shall have 15 days from the date of denial to request a formal hearing. The failure to submit a timely written request for a hearing shall be deemed a waiver of such right. The hearing, Palo Alto Police Department Policy Manual Retiree Concealed Firearms Copyright Lexipol, LLC 2019/10/21, All Rights Reserved. Published with permission by Palo Alto Police Department Retiree Concealed Firearms - 52 absent written agreement between the parties, shall be held no later than 120 days after the request is received. (b)Prior to revocation of any CCW endorsement, the Department shall provide the affected retiree with written notice of a hearing by either personal service or first class mail, postage prepaid, return receipt requested to the retiree’s last known address (Penal Code § 26315). 1.The retiree shall have 15 days from the date of service to file a written request for a hearing. 2.The hearing, absent written agreement between the parties, shall be held no later than 120 days after the request is received (Penal Code § 26315). 3.The failure to submit a timely written request for a hearing shall be deemed a waiver of such right. (c)A hearing for the denial or revocation of any CCW endorsement shall be conducted before a hearing board composed of three members, one selected by the Department, one selected by the retiree or his/her employee organization and one selected jointly (Penal Code § 26320). 1.The decision of such hearing board shall be binding on the Department and the retiree. 2.Any retiree who waives the right to a hearing or whose CCW endorsement has been revoked at a hearing shall immediately surrender his/her identification card. The Department will then reissue a new identification card which shall be stamped “No CCW Privilege.” (d)Members who have reason to suspect the conduct of a retiree has compromised public safety shall notify the Watch Commander as soon as practicable. The Watch Commander should promptly take appropriate steps to look into the matter and, if warranted, contact the retiree in person and advise him/her of the temporary suspension and hearing information listed below. 1.Notification of the temporary suspension should also be promptly mailed to the retiree via first class mail, postage prepaid, return receipt requested (Penal Code § 26312). 2.The Watch Commander should document the investigation, the actions taken and, if applicable, any notification made to the retiree. The memo should be forwarded to the Chief of Police. 3.The personal and written notification should be as follows: (a)The retiree’s CCW endorsement is immediately and temporarily suspended. (b)The retiree has 15 days to request a hearing to determine whether the temporary suspension should become permanent revocation. (c)The retiree will forfeit his/her right to a hearing and the CCW endorsement will be permanently revoked if the retiree fails to respond to the notice of hearing within the 15-day period. Palo Alto Police Department Policy Manual Retiree Concealed Firearms Copyright Lexipol, LLC 2019/10/21, All Rights Reserved. Published with permission by Palo Alto Police Department Retiree Concealed Firearms - 53 4.In the event that personal contact with the retiree cannot be reasonably achieved in a timely manner, the Watch Commander should attempt to make the above notice of temporary suspension through another law enforcement officer. For example, if a retiree was arrested or detained by a distant agency, the Watch Commander may request that a law enforcement officer from that agency act as the agent of the Department to deliver the written notification. 220.8 FIREARM QUALIFICATIONS The Rangemaster may provide former officers from this department an opportunity to qualify. Written evidence of the qualification and the weapons used will be provided and will contain the date of the qualification. The Rangemaster will maintain a record of the qualifications and weapons used. Palo Alto Police Department Policy Manual Copyright Lexipol, LLC 2019/10/21, All Rights Reserved. Published with permission by Palo Alto Police Department General Operations - 54 Chapter 3 - General Operations Policy 300 Palo Alto Police Department Policy Manual Copyright Lexipol, LLC 2019/10/21, All Rights Reserved. Published with permission by Palo Alto Police Department Use of Force - 55 Use of Force 300.1 PURPOSE AND SCOPE This policy provides guidelines on the reasonable use of force. While there is no way to specify the exact amount or type of reasonable force to be applied in any situation, every member of this department is expected to use these guidelines to make such decisions in a professional, impartial and reasonable manner. 300.1.1 DEFINITIONS Definitions related to this policy include: Deadly force - Force reasonably anticipated and intended to create a substantial likelihood of causing death or very serious injury. 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. 300.2 POLICY The use of force by law enforcement personnel is a matter of critical concern, both to the public and to the law enforcement community. Officers are involved on a daily basis in numerous and varied interactions and, when warranted, may use reasonable force in carrying out their duties. Officers must have an understanding of, and true appreciation for, their authority and limitations. This is especially true with respect to overcoming resistance while engaged in the performance of law enforcement duties. The Department recognizes and respects the value of all human life and dignity without prejudice to anyone. Vesting officers with the authority to use reasonable force and to protect the public welfare requires monitoring, evaluation and a careful balancing of all interests. 300.2.1 DUTY TO INTERCEDE Any officer present and observing another officer using force that is clearly beyond that which is objectively reasonable under the circumstances shall, when in a position to do so, intercede to prevent the use of unreasonable force. An officer who observes another employee use force that exceeds the degree of force permitted by law should promptly report these observations to a supervisor. 300.3 USE OF FORCE Officers shall use only that amount of force that reasonably appears necessary given the facts and circumstances perceived by the officer at the time of the event to accomplish a legitimate law enforcement purpose. 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 Palo Alto Police Department Policy Manual Use of Force Copyright Lexipol, LLC 2019/10/21, All Rights Reserved. Published with permission by Palo Alto Police Department Use of Force - 56 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. 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 tools, weapons or methods provided by the Department. Officers may find it more effective or reasonable to improvise their response to rapidly unfolding conditions that they are confronting. In such circumstances, the use of any improvised device or method must nonetheless be 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 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 (Penal Code § 835). 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. These factors include, but are not limited to: (a)Immediacy and severity of the threat to officers or others. (b)The conduct of the individual being confronted, as reasonably perceived by the officer at the time. (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 effects of drugs or alcohol. (e)Subject's mental state or capacity. (f)Proximity of weapons or dangerous improvised devices. (g)The degree to which the subject has been effectively restrained and his/her ability to resist despite being restrained. (h)The availability of other options and their possible effectiveness. Palo Alto Police Department Policy Manual Use of Force Copyright Lexipol, LLC 2019/10/21, All Rights Reserved. Published with permission by Palo Alto Police Department Use of Force - 57 (i)Seriousness of the suspected offense or reason for contact with the individual. (j)Training and experience of the officer. (k)Potential for injury to officers, suspects and others. (l)Whether the person appears to be resisting, attempting to evade arrest by flight or is attacking the officer. (m)The risk and reasonably foreseeable consequences of escape. (n)The apparent need for immediate control of the subject or a prompt resolution of the situation. (o)Whether the conduct of the individual being confronted no longer reasonably appears to pose an imminent threat to the officer or others. (p)Prior contacts with the subject or awareness of any propensity for violence. (q)Any other exigent circumstances. 300.3.3 PAIN COMPLIANCE TECHNIQUES Pain compliance techniques may be effective in controlling a physically or actively resisting individual. Officers may only apply those pain compliance techniques for which they have successfully completed department-approved training. Officers utilizing any pain compliance technique should consider: (a)The degree to which the application of the technique may be controlled given the level of resistance. (b)Whether the person can comply with the direction or orders of the officer. (c)Whether the person has been given sufficient opportunity to comply. The application of any pain compliance technique shall be discontinued once the officer determines that compliance has been achieved. 300.3.4 CAROTID CONTROL HOLD The proper application of the carotid control hold may be effective in restraining a violent or combative individual. However, due to the potential for injury, the use of the carotid control hold is subject to the following: (a)The officer shall have successfully completed department-approved training in the use and application of the carotid control hold. (b)The carotid control hold may only be used when circumstances perceived by the officer at the time indicate that such application reasonably appears necessary to control a person in any of the following circumstances: 1.The subject is violent or physically resisting. Palo Alto Police Department Policy Manual Use of Force Copyright Lexipol, LLC 2019/10/21, All Rights Reserved. Published with permission by Palo Alto Police Department Use of Force - 58 2.The subject, by words or actions, has demonstrated an intention to be violent and reasonably appears to have the potential to harm officers, him/herself or others. (c)The application of a carotid control hold on the following individuals should generally be avoided unless the totality of the circumstances indicates that other available options reasonably appear ineffective, or would present a greater danger to the officer, the subject or others, and the officer reasonably believes that the need to control the individual outweighs the risk of applying a carotid control hold: 1.Females who are known to be pregnant 2.Elderly individuals 3.Obvious juveniles (d)Any individual who has had the carotid control hold applied, regardless of whether he/ she was rendered unconscious, shall be promptly examined by paramedics or other qualified medical personnel and should be monitored until examined by paramedics or other appropriate medical personnel. (e)The officer shall inform any person receiving custody, or any person placed in a position of providing care, that the individual has been subjected to the carotid control hold and whether the subject lost consciousness as a result. (f)Any officer attempting or applying the carotid control hold shall promptly notify a supervisor of the use or attempted use of such hold. (g)The use or attempted use of the carotid control hold shall be thoroughly documented by the officer in any related reports. 300.4 DEADLY FORCE APPLICATIONS Use of deadly force is justified in the following circumstances: (a)An officer may use deadly force to protect him/herself or others from what he/she reasonably believes would be an imminent threat of death or serious bodily injury. (b)An officer may use deadly force to stop a fleeing subject when the officer has probable cause to believe that the person has committed, or intends to commit, a felony involving the infliction or threatened infliction of serious bodily injury or death, and the officer reasonably believes that there is an imminent risk of serious bodily injury or death to any other person if the subject is not immediately apprehended. Under such circumstances, a verbal warning should precede the use of deadly force, where feasible. Imminent does not mean immediate or instantaneous. An imminent danger may exist even if the suspect is not at that very moment pointing a weapon at someone. For Palo Alto Police Department Policy Manual Use of Force Copyright Lexipol, LLC 2019/10/21, All Rights Reserved. Published with permission by Palo Alto Police Department Use of Force - 59 example, an imminent danger may exist if an officer reasonably believes any of the following: 1.The person has a weapon or is attempting to access one and it is reasonable to believe the person intends to use it against the officer or another. 2.The person is capable of causing serious bodily injury or death without a weapon and it is reasonable to believe the person intends to do so. 300.4.1 SHOOTING AT OR FROM MOVING VEHICLES Shots fired at or from a moving vehicle are rarely effective. Officers should 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 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. 300.5 REPORTING THE USE OF FORCE Any use of force by a member of this department shall be documented promptly, completely and accurately in an appropriate report, depending on the nature of the incident. The report shall minimally include the type of force used, the reason for the force, the description of any injuries and a description of any medical treatment rendered. Additionally, a thorough explanation of the factors considered by the officer shall be included in the officer's police report. The officer should articulate the factors perceived and why he/she believed the use of force was reasonable under the circumstances. To collect data for purposes of training, resource allocation, analysis and related purposes, the Department may require the completion of additional report forms, as specified in department policy, procedure or law. 300.5.1 NOTIFICATION TO SUPERVISORS Supervisory notification shall be made as soon as practicable following the application of force in any of the following circumstances: (a)The application caused a visible injury. (b)The application would lead a reasonable officer to conclude that the individual may have experienced more than momentary discomfort. (c)The individual subjected to the force complained of injury or continuing pain. (d)The individual indicates intent to pursue litigation. (e)Any application of a CED 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. Palo Alto Police Department Policy Manual Use of Force Copyright Lexipol, LLC 2019/10/21, All Rights Reserved. Published with permission by Palo Alto Police Department Use of Force - 60 (h)An individual was struck or kicked. (i)An individual alleges any of the above has occurred. 300.5.2 INCIDENTS REQUIRING A SUPERVISOR'S REPORT Use of force incidents that meet any one of the below listed criteria will be investigated and documented. (a)An officer strikes a blow using any physical strength or object to a subject; (b)An officer uses force which causes any visible or apparent physical injury, or which results in the subject claiming he or she was injured; (c)An officer strikes a blow using any physical strength or object to a subject that causes any visible physical injury or which the subject complains of pain; (d)An officer uses physical control on a subject beyond a physical compliance hold that causes any visible physical injury or which the subject complains of pain; (e)An officer uses O.C./baton/ASP on any subject; (f)An officer delivers a Less Lethal Kinetic Energy projectile at a person; (g)A "Taser" application by an officer; (h)Any bite or injury resulting from the use of a police service dog; (i)Any other incident for which the supervisor/Watch Commander deems a "use of force" report is necessary. (j)The use or attempted use of the carotid restraint shall be thoroughly documented in a use of force report. (k)Any use of force where the suspect becomes unconscious. 300.5.3 SUPERVISOR'S REPORT ON USE OF FORCE The on-duty supervisor will investigate the use of force and complete the "Supervisor's Report on Use of Force" form. All relevant documents will be attached. The Supervisor's "Use of Force " report narrative should be documented in a memorandum format and contain the following headings/information: (a)Synopsis - A brief narrative of the incident: (b)Suspect Information/Statements - If the supervisor was able to obtain a statement from involved suspect, the statement should be provided. (c)Injures - Describe in detail any injuries suffered by the suspect, officers or any other involved subject(s). (d)Property Damage - Any property damage that occurred. (e)Involved Officer(s) and Roles - Describe actions taken by involved officers. Palo Alto Police Department Policy Manual Use of Force Copyright Lexipol, LLC 2019/10/21, All Rights Reserved. Published with permission by Palo Alto Police Department Use of Force - 61 (f)Investigation- Investigative steps taken. (g)Attachments - Any pertinent documents and attachments. (h)Opinions and Conclusions - A summary of the incident. The report will be submitted prior to the end of the shift. The investigating supervisor must obtain approval from the Watch Commander if the report cannot be completed in time. The report will be routed through the chain of command for approval. The Division Captain, Assistant Police Chief and the Police Chief will conduct a final review. 300.6 MEDICAL CONSIDERATION Prior to booking or release, medical assistance shall be obtained for any person who exhibits signs of physical distress, who has sustained visible injury, expresses a complaint of injury or continuing pain, or who was rendered unconscious. Any individual exhibiting signs of physical distress after an encounter should be continuously monitored until he/she can be medically assessed. Based upon the officer's initial assessment of the nature and extent of the subject's injuries, medical assistance may consist of examination by fire personnel, paramedics, hospital staff or medical staff at the jail. If any such individual refuses medical attention, such a refusal shall be fully documented in related reports and, whenever practicable, should be witnessed by another officer and/or medical personnel. If a recording is made of the contact or an interview with the individual, any refusal should be included in the recording, if possible. The on-scene supervisor, or if not available, the primary handling officer shall ensure that any person providing medical care or receiving custody of a person following any use of force is informed that the person was subjected to force. This notification shall include a description of the force used and any other circumstances the officer reasonably believes would be potential safety or medical risks to the subject (e.g., prolonged struggle, extreme agitation, impaired respiration). Persons who exhibit extreme agitation, violent irrational behavior accompanied by profuse sweating, extraordinary strength beyond their physical characteristics and imperviousness to pain (sometimes called "excited delirium"), or who require a protracted physical encounter with multiple officers to be brought under control, may be at an increased risk of sudden death. Calls involving these persons should be considered medical emergencies. Officers who reasonably suspect a medical emergency should request medical assistance as soon as practicable and have medical personnel stage away if appropriate. 300.7 SUPERVISOR RESPONSIBILITY When a supervisor is able to respond to an incident in which there has been a reported application of force, the supervisor is expected to: (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. Palo Alto Police Department Policy Manual Use of Force Copyright Lexipol, LLC 2019/10/21, All Rights Reserved. Published with permission by Palo Alto Police Department Use of Force - 62 (c)When possible, separately obtain a recorded interview with the subject upon whom force was applied. If this interview is conducted without the person having voluntarily waived his/her Miranda rights, the following shall apply: 1.The content of the interview should not be summarized or included in any related criminal charges. 2.The fact that a recorded interview was conducted should be documented in a property or other report. 3.The recording of the interview should be distinctly marked for retention until all potential for civil litigation has expired. (d)Once any initial medical assessment has been completed or first aid has been rendered, ensure that photographs have been taken of any areas involving visible injury or complaint of pain, as well as overall photographs of uninjured areas. These photographs should be retained until all potential for civil litigation has expired. (e)Identify any witnesses not already included in related reports. (f)Review and approve all related reports. (g)Determine if there is any indication that the subject may pursue civil litigation. 1.If there is an indication of potential civil litigation, the supervisor should complete and route a notification of a potential claim through the appropriate channels. (h)Evaluate the circumstances surrounding the incident and initiate an administrative investigation if there is a question of policy non-compliance or if for any reason further investigation may be appropriate. In the event that a supervisor is unable to respond to the scene of an incident involving the reported application of force, the supervisor is still expected to complete as many of the above items as circumstances permit. 300.7.1 WATCH COMMANDER RESPONSIBILITY The Watch Commander shall review each use of force by any personnel within his/her command to ensure compliance with this policy and to address any training issues. 300.8 USE OF FORCE INCIDENTS/INTERNAL AFFAIRS INVESTIGATIONS At any time after a use of force incident the supervisor has reason to believe the involved officer could be facing disciplinary action, the supervisor should immediately notify the Watch Commander. The Watch Commander will consult with the Division Captain and the Personnel and Training Lieutenant. If the decision is made to conduct an Internal Affairs Investigation, the initial supervisor should not conduct any further investigation unless directed otherwise. The initial supervisor will complete as much of the "Supervisor's Report on Use of Force" Form as possible. The supervisor will then check the box on the report form indicating Administrative Investigation and forward the report form to the designated Internal Affairs Investigator. Palo Alto Police Department Policy Manual Use of Force Copyright Lexipol, LLC 2019/10/21, All Rights Reserved. Published with permission by Palo Alto Police Department Use of Force - 63 300.9 TRAINING Officers will receive periodic training on this policy and demonstrate their knowledge and understanding. Policy 302 Palo Alto Police Department Policy Manual Copyright Lexipol, LLC 2019/10/21, All Rights Reserved. Published with permission by Palo Alto Police Department Use of Force Review Boards - 64 Use of Force Review Boards 302.1 PURPOSE AND SCOPE This policy establishes a process for the Palo Alto 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 Palo Alto 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 Administrative Services Division Captain will convene the Use of Force Review Board as necessary. It will be the responsibility of the Division Captain or supervisor of the involved employee to notify the Administrative Services Division Captain of any incidents requiring board review. The involved employee's Division Captain 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 Administrative Services Division Captain 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 Palo Alto Police Department Policy Manual Use of Force Review Boards Copyright Lexipol, LLC 2019/10/21, All Rights Reserved. Published with permission by Palo Alto Police Department Use of Force Review Boards - 65 •Personnel and Training Lieutenant •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 Palo Alto Police Department Policy Manual Use of Force Review Boards Copyright Lexipol, LLC 2019/10/21, All Rights Reserved. Published with permission by Palo Alto Police Department Use of Force Review Boards - 66 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. 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 Captain 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. Policy 306 Palo Alto Police Department Policy Manual Copyright Lexipol, LLC 2019/10/21, All Rights Reserved. Published with permission by Palo Alto Police Department Handcuffing and Restraints - 67 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 Palo Alto Police Department authorizes the use of restraint devices in accordance with this policy, the Use of Force Policy and department training. Restraint devices shall not be used to punish, to display authority or as a show of force. 306.3 USE OF RESTRAINTS Only members who have successfully completed Palo Alto 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 an individual 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 assure 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 and in no event shall these persons be restrained by the use of leg irons or waist chains. 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 Palo Alto Police Department Policy Manual Handcuffing and Restraints Copyright Lexipol, LLC 2019/10/21, All Rights Reserved. Published with permission by Palo Alto Police Department Handcuffing and Restraints - 68 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 subject (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. 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 individual 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/MASKS/SOCKS Spit hoods/masks/socks 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 that the restrained person can breathe normally. Officers should provide assistance during the movement of restrained individuals due to the potential for impaired or Palo Alto Police Department Policy Manual Handcuffing and Restraints Copyright Lexipol, LLC 2019/10/21, All Rights Reserved. Published with permission by Palo Alto Police Department Handcuffing and Restraints - 69 distorted vision on the part of the individual. Officers should avoid comingling individuals 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-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 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 suspect. (b)Whether it is reasonably necessary to protect the suspect from his/her own actions (e.g., hitting his/her head against the interior of the patrol unit, 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 unit). 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. Palo Alto Police Department Policy Manual Handcuffing and Restraints Copyright Lexipol, LLC 2019/10/21, All Rights Reserved. Published with permission by Palo Alto Police Department Handcuffing and Restraints - 70 (b)Once applied, absent a medical or other emergency, restraints should remain in place until the officer arrives at the jail or other facility or the person no longer reasonably appears to pose a threat. (c)Once secured, the person should be placed in a seated or upright position, secured with a seat belt, and shall not be placed on his/her stomach for an extended period, as this could reduce the person's ability to breathe. (d)The restrained person should be continually monitored by an officer while in the leg restraint. The officer should ensure that the person does not roll onto and remain on his/her stomach. (e)The officer should look for signs of labored breathing and take appropriate steps to relieve and minimize any obvious factors contributing to this condition. (f)When transported by ambulance/paramedic unit, 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 subject (e.g., prolonged struggle, extreme agitation, impaired respiration). 306.8 REQUIRED DOCUMENTATION If an individual 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 an individual is arrested, the use of restraints other than handcuffs shall be documented in the related report. The officer should include, as appropriate: (a)The amount of time the suspect was restrained. (b)How the suspect was transported and the position of the suspect. (c)Observations of the suspect's behavior and any signs of physiological problems. (d)Any known or suspected drug use or other medical problems. Policy 308 Palo Alto Police Department Policy Manual Copyright Lexipol, LLC 2019/10/21, All Rights Reserved. Published with permission by Palo Alto Police Department Control Devices and Techniques - 71 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 Palo Alto 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 WATCH COMMANDER RESPONSIBILITIES The Watch Commander may authorize the use of a control device by selected personnel or members of specialized units who have successfully completed the required training. 308.4.2 RANGEMASTER RESPONSIBILITIES The Staff Assistant, Rangemaster or the designated instructor for a particular control device 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. Palo Alto Police Department Policy Manual Control Devices and Techniques Copyright Lexipol, LLC 2019/10/21, All Rights Reserved. Published with permission by Palo Alto Police Department Control Devices and Techniques - 72 308.4.3 USER RESPONSIBILITIES All normal maintenance, charging or cleaning shall remain the responsibility of personnel using the various devices. Any damaged, inoperative, outdated or expended control devices or munitions, along with documentation explaining the cause of the damage, shall be returned to the Staff Assistant 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 When based upon the circumstances perceived by the officer, such force reasonably appears justified and necessary to result in the safe control of the suspect the use of the baton is authorized. Officers are authorized to use the the following batons: •Rapid Containment Baton (RCB) •ASP Collapsible Baton •Long Baton for riot control The need to immediately control a suspect must be weighed against the risk of causing serious injury. When using the RCB, ASP or long baton, 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. The Rapid Containment Baton or Asp Collapsible Baton shall be carried by all sworn, uniformed personnel while on-duty. When carrying a baton, uniformed personnel shall carry the baton in its authorized holder on the equipment belt or load bearing vest. The addition of the TASER X26 does not preclude officers from carrying OC spray. 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. Officers will be provided training on the use of the Rapid Containment Baton and the Asp Collapsible Baton during the defensive tactics training provided every two years. Officer must show proficiency using the authorized baton that they choose to carry. 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 Watch Commander, Incident Commander or Crisis Response Unit Commander may authorize the delivery and use of tear gas, and only after evaluating all conditions known at the time and determining that such force reasonably appears justified and necessary. When practicable, fire personnel should be alerted or summoned to the scene prior to the deployment of tear gas to control any fires and to assist in providing medical aid or gas evacuation if needed. Palo Alto Police Department Policy Manual Control Devices and Techniques Copyright Lexipol, LLC 2019/10/21, All Rights Reserved. Published with permission by Palo Alto Police Department Control Devices and Techniques - 73 308.7 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. All uniformed personnel shall carry the OC spray device in its holster on the equipment belt or load bearing vest. The addition of the TASER X26 does not preclude officers from carrying OC spray. 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. Canisters involved in any type of malfunction or damage shall be turned in to the Staff Assistant for exchange. 308.7.1 PEPPER PROJECTILE SYSTEMS Pepper projectiles are plastic spheres that are filled with a derivative of OC powder. Because the compressed gas launcher delivers the projectiles with enough force to burst the projectiles on impact and release the OC powder, the potential exists for the projectiles to inflict injury if they strike the head, neck, spine or groin. Therefore, personnel using a pepper projectile system should not intentionally target those areas, except when the officer reasonably believes the suspect poses an imminent threat of serious bodily injury or death to the officer or others. Officers encountering a situation that warrants the use of a pepper projectile system shall notify a supervisor as soon as practicable. A supervisor shall respond to all pepper projectile system incidents where the suspect has been hit or exposed to the chemical agent. The supervisor shall ensure that all notifications and reports are completed as required by the Use of Force Policy. Each deployment of a pepper projectile system shall be documented. This includes situations where the launcher was directed toward the suspect, whether or not the launcher was used. Accidental 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. 308.7.2 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. Paramedics shall be requested immediately to treat the exposure and the subject shall be transported to the emergency room for medical clearance. 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. Palo Alto Police Department Policy Manual Control Devices and Techniques Copyright Lexipol, LLC 2019/10/21, All Rights Reserved. Published with permission by Palo Alto Police Department Control Devices and Techniques - 74 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. (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. Palo Alto Police Department Policy Manual Control Devices and Techniques Copyright Lexipol, LLC 2019/10/21, All Rights Reserved. Published with permission by Palo Alto Police Department Control Devices and Techniques - 75 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. 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 Personnel and Training Lieutenant 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. Palo Alto Police Department Policy Manual Control Devices and Techniques Copyright Lexipol, LLC 2019/10/21, All Rights Reserved. Published with permission by Palo Alto Police Department Control Devices and Techniques - 76 308.11 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. Policy 309 Palo Alto Police Department Policy Manual Copyright Lexipol, LLC 2019/10/21, All Rights Reserved. Published with permission by Palo Alto Police Department Conducted Energy Weapon - 77 Conducted Energy Weapon 309.1 PURPOSE AND SCOPE This policy provides guidelines for the issuance and use of a Conducted Energy Weapon (CEW). 309.2 POLICY The Conducted Energy Weapon is intended to control a violent or potentially violent individual, while minimizing the risk of serious injury. The appropriate use of a CEW should result in fewer serious injuries to officers and suspects. Definitions: Activation - Depressing the trigger of a CEW causing the CEW to arc or fire probes. Deployment - Removal of the CEW from the holster. 309.3 ISSUANCE AND CARRYING A CONDUCTED ENERGY WEAPON Only officer's who have successfully completed department approved training may be issued and carry a CEW. CEWs are issued for use during an officer's current assignment. Those leaving a particular assignment may be required to return the CEW to the department's inventory. Officers shall only use a CEW and cartridges that have been issued by the Department. Uniformed officers who have been issued the CEW shall wear the CEW in an approved holster on their person. Plainclothes officers may carry a CEW when appropriate (situation might include search/arrest warrant service and in-progress calls for service) so long as it is carried in an approved holster on their person. Officers carrying the CEW should perform a spark test on the unit prior to every shift. When carried while in uniform, officers shall carry the CEW in a weak side holster on the side opposite their duty weapon. All CEWs shall be clearly and distinctly marked to differentiate them from their duty weapon and any other device. Officers shall be responsible for ensuring that their issued CEW is properly maintained and in good working order. Unless lethal force is justified, Officers should not hold both a firearm and the CEW at the same time. Officers deploying a CEW, whenever possible, should have another officer present as a cover officer who is capable of providing immediate assistance. Full time sworn officers shall carry the TASER X2. Reserve officers shall carry the TASER X26. Palo Alto Police Department Policy Manual Conducted Energy Weapon Copyright Lexipol, LLC 2019/10/21, All Rights Reserved. Published with permission by Palo Alto Police Department Conducted Energy Weapon - 78 309.4 VERBAL AND VISUAL WARNINGS A verbal warning of the intended use of the CEW should precede its activation, 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 CEW may be deployed. 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 CEW in the related report. 309.5 USE OF THE CEW The CEW has limitations and restrictions requiring consideration before its use. The CEW should only be used when its operator can safely approach the subject within the operational range of the device. Although the CEW is generally effective in controlling most individuals, officers should be aware that the device may not achieve the intended results and be prepared with other options. 309.5.1 ACTIVATION OF THE CEW The CEW may be used in any of the following circumstances, when the circumstances perceived by the officer at the time indicate that such activation is reasonably necessary to control a person: (a)The subject is violent or is physically resisting. (b)The subject has demonstrated, by words or action, an intention to be violent or to physically resist, and reasonably appears to present the potential to harm officers, him/herself or others. Mere flight from a pursuing officer, without other known circumstances or factors, is not good cause for the use of the to apprehend an individual. 309.5.2 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 activation of the CEW 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. The use of the CEW on certain individuals should generally be avoided unless the totality of the circumstances indicates that other available options reasonably appear ineffective or would present a greater danger to the officer, the subject or others, and the officer reasonably believes that the need to control the individual outweighs the risk of using the CEW. This includes: (a)Individuals who are known to be pregnant. (b)Elderly individuals or obvious juveniles. Palo Alto Police Department Policy Manual Conducted Energy Weapon Copyright Lexipol, LLC 2019/10/21, All Rights Reserved. Published with permission by Palo Alto Police Department Conducted Energy Weapon - 79 (c)Individuals with obviously low body mass. (d)Individuals who are handcuffed or otherwise restrained. (e)Individuals who have been recently sprayed with a flammable chemical agent or who are otherwise in close proximity to any known combustible vapor or flammable material, including alcohol based oleoresin capsicum (OC) spray. (f)Individuals whose position or activity may result in collateral injury (e.g. falls from heights, bicycles, operating vehicles). Because the application of the CEW in the drive stun mode (i.e. direct contact without probes) relies primarily on pain compliance, the use of the drive stun mode generally should be limited to supplementing the probe mode to complete the circuit by pressing the arc button. The CEW shall not be used to psychologically torment, elicit statements or to punish any individual. 309.5.3 MULTIPLE ACTIVATIONS OF THE CEW Officers should activate the CEW for only one standard cycle and then evaluate the situation before activating any subsequent cycles. Multiple activations of the CEW against a single individual are generally not recommended and should be avoided unless the officer reasonably believes that the need to control the individual outweighs the potentially increased risk posed by multiple activations. If the first activation of the CEW appears to be ineffective in gaining control of an individual, the officer should consider certain factors before additional activations of the activation, including: (a)Whether the probes are making proper contact. (b)Whether the individual has the ability and has been given a reasonable opportunity to comply. (c)Whether verbal commands, other options or tactics may be more effective. Officers should generally not intentionally apply more than one CEW at a time against a single subject. 309.5.4 ACTIONS FOLLOWING ACTIVATIONS Officers shall notify a supervisor of all CEW activations. Confetti tags should be collected and the expended cartridge, along with both probes and wire, should be submitted into evidence. The cartridge serial number should be noted and documented on the evidence paperwork. The evidence packaging should be marked "Biohazard" if the probes penetrated the subject’s skin. For report writing purposes and supervisory response, exceptions to activation notifications are Department approved training and spark/maintenance tests. 309.5.5 DANGEROUS ANIMALS The CEW may be deployed against an animal as part of a plan to deal with a potentially dangerous animal, such as a dog, if the animal reasonably appears to pose an imminent threat to human safety and alternative methods are not reasonably available or would likely be ineffective. Palo Alto Police Department Policy Manual Conducted Energy Weapon Copyright Lexipol, LLC 2019/10/21, All Rights Reserved. Published with permission by Palo Alto Police Department Conducted Energy Weapon - 80 309.5.6 OFF-DUTY CONSIDERATIONS Officers are not authorized to carry department issued CEWs while off-duty. Officers shall ensure that CEWs 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 CEW activations in the related arrest/crime report. Notification shall also be made to a supervisor in compliance with the Use of Force Policy. Unintentional discharges, pointing the device at a person and laser activation will be documented via CAD and additionally noted in any applicable police report. Any accidental activation of a CEW device will be investigated by the involved officer's supervisor. The supervisor shall write a memorandum documenting the circumstances of the accidental activation and forward the memorandum to his/her Manager. 309.6.1 REPORTS The officer should include the following in the arrest/crime report: (a)The date, time, location and type of call (b)Time of arrival (c)Observations of suspect actions and circumstances justifying application of the CEW, including weapons possessed, level of aggression, suspect statements, distances between the suspect and threatened officers or citizens, etc. (d)Documentation of warnings given prior to CEW activation or reasons those warnings were not given. (e)Documentation of the use of laser dot. (f)Officer's justification of reasonableness for force used for the initial activation and any subsequent activation. (g)Method of use of the CEW (probe or drive stun), range at which the CEW was activated, and number of activations. (h)Serial number and model of the CEW and serial number of any cartridge(s) used in the incident. (i)Location and description of contact sites. (j)Type of clothing worn by the suspect. (k)Response of the suspect to the CEW activation (ie. reactions such as "stiffened and fell backwards"). (l)All photographs taken of the scene, suspect, injuries, etc. Photos of probes should include a scale for reference. (m)Injuries sustained by the suspect, officer(s), or citizens. (n)Type of medical aid provided, including treating medical personnel names. Palo Alto Police Department Policy Manual Conducted Energy Weapon Copyright Lexipol, LLC 2019/10/21, All Rights Reserved. Published with permission by Palo Alto Police Department Conducted Energy Weapon - 81 (o)Suspect transport for medical clearance and doctor's name. (p)Officer shall document the suspect's completion of the "Authorization for Release of Medical Information and Records" form or the suspect's denial. (q)Suspect booking information and custodial staff advisement of CEW activation. (r)Identification of all personnel firing CEWs. (s)Identification of all witnesses. (t)Observation of the suspect's physical and physiological actions. (u)Any known or suspected drug use, intoxication or other medical problems. 309.7 MEDICAL TREATMENT Consistent with local medical personnel protocols and absent extenuating circumstances, only appropriate medical personnel should remove CEW probes from a person’s body. Used CEW 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 the CEW probes or received an application of the CEW drive stun shall be medically assessed. After the initial assessment, all subjects shall be transported to a medical facility for a medical clearance. If any individual refuses medical attention, such a refusal should be witnessed by another officer and/or medical personnel and shall be fully documented in related reports. If an audio recording is made of the contact or an interview with the individual, any refusal should also 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 activation of the CEW. 309.8 SUPERVISOR RESPONSIBILITIES When possible, supervisors should respond to calls when they reasonably believe there is a likelihood the CEW may be used. A supervisor should respond to all incidents where the CEW was activated. A supervisor should review each incident where a person has been exposed to an activation of the CEW. The device’s onboard memory should be downloaded through the data port by a supervisor or DT Instructor and saved with the related arrest/crime report. Photographs of probe sites should be taken and witnesses interviewed. Supervisors shall attempt to obtain a signed "Authorization for Release of Medical Information and Records" form from the subject prior to release or transfer to a custodial facility. Following a CEW activation, the field supervisor shall notify the shift Lieutenant as soon as practical, but no later than the end of the shift. Complete a Use of Force report pursuant to Policy 300 and submit the investigation to the next in line in the chain of command. Palo Alto Police Department Policy Manual Conducted Energy Weapon Copyright Lexipol, LLC 2019/10/21, All Rights Reserved. Published with permission by Palo Alto Police Department Conducted Energy Weapon - 82 Obtain a TASER tracking number from the Personnel and Training Division. 309.9 TRAINING Personnel who are authorized to carry the CEW shall be permitted to do so only after successfully completing the initial department-approved training. Any personnel who have not carried the CEW as a part of their assignment for a period of six months or more shall be recertified by a department- approved CEW instructor prior to again carrying or using the device. Proficiency training for personnel who have been issued CEWs should occur every year. A reassessment of an officer’s knowledge and/or practical skill may be required at any time if deemed appropriate by the Personnel and Training Lieutenant. All training and proficiency for CEWs will be documented in the officer’s training file. Command staff, supervisors and investigators should receive CEW training as appropriate for the investigations they conduct and review. Officers who do not carry CEWs should receive training that is sufficient to familiarize them with the device and with working with officers who use the device. The Personnel and Training Lieutenant is responsible for ensuring that all personnel who carry CEWs have received initial and annual proficiency training. Periodic audits should be used for verification. Activation of CEWs during training could result in injury to personnel and should not be mandatory for certification. The Personnel and Training Lieutenant should ensure that all training includes: (a)A review of this policy. (b)A review of the Use of Force Policy. (c)Performing weak-hand draws to reduce the possibility of unintentionally drawing and firing a firearm. (d)Target area considerations, to include techniques or options to reduce the unintentional activation of probes near the head, neck, chest and groin. (e)Handcuffing a subject during the activation of the CEW and transitioning to other force options. (f)De-escalation techniques. (g)Restraint techniques that do not impair respiration following the activation of the CEW. 309.10 POLICY ISSUE DATE 06-26-16 Policy 317 Palo Alto Police Department Policy Manual Copyright Lexipol, LLC 2019/10/21, All Rights Reserved. Published with permission by Palo Alto Police Department Opioid Medical Aid and Response - 122 Opioid Medical Aid and Response 317.1 <STRONG>PURPOSE AND SCOPE</STRONG> The purpose of this policy is to establish guidelines for the Palo Alto Police Department for the utilization of nasal naloxone hydrochloride (Brand Name: Narcan) for proper prehospital administration. This program is designed to aid in reducing fatalities, which occur as a result of opiate overdose. Similar to Automated External Defibrillators, the program intends to provide first responders with another tool that may potentially save lives. 317.2 LEGAL PREMISES FOR IMPLEMENTATION California law permits the administration of nasal naloxone by prehospital emergency medical care personnel, which include peace officers. The medical director of a local EMS agency may, pursuant to H&S § 1797.221, approve or conduct a trial study of the use and administration of naloxone hydrochloride or other opioid antagonists by any level of prehospital emergency medical care personnel. Existing law also allows for the dispensing of naloxone by a pharmacist over the counter. (AB:1535, SB:1438, H&S § 1797.189 paragraph (2) of subdivision (a)). 317.3 POLICY It is the policy of the Palo Alto Police Department that officers be trained to provide emergency medical aid to persons experiencing an opioid overdose and facilitate an emergency medical response. 317.4 ADMINISTRATION OF OPIOID OVERDOSE MEDICATION Officers may administer opioid overdose medication in accordance with protocol specified by the licensed health care provider who provided the overdose medication for use by the member and (Civil Code § 1714.22; 22 CCR 100019): (a)When trained and tested to demonstrate competence following initial instruction. (b)When authorized by the medical director of the Local Emergency Medical Services Agency (LEMSA). (c)In accordance with California Peace Officer Standards and Training (POST) standards. 317.5 OPIOID OVERDOSE MEDICATION USER RESPONSIBILITIES Officers who are qualified to administer opioid overdose medication, such as naloxone, should handle, store and administer the medication consistent with their training. Officers 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 should be removed from service and given to the Department Administrator (Watch Commander or Emergency Medical Supervisor). Palo Alto Police Department Policy Manual Opioid Medical Aid and Response Copyright Lexipol, LLC 2019/10/21, All Rights Reserved. Published with permission by Palo Alto Police Department Opioid Medical Aid and Response - 123 Any officer administering opioid overdose medication should notifyCommunications as soon as possible and request a response by Emergency Medical Service (EMS) or the Palo Alto Fire Department. The officer shall notify their supervisor as soon as practicable. Personnel, who are trained in the use of naloxone, are authorized to use it without prior approval in cases where an opiate overdose is suspected. Prior to administration of naloxone, officers must assess the victim for lack of breathing, pulse, and unresponsiveness. If the victim is not breathing and/or has no pulse, officers should immediately begin CPR/AED procedures. Officers should conduct a brief visual survey for any obvious signs, symptoms or evidence of drug use or exposure. Signs and symptoms may include, but are not limited to; the victim is unable to awaken with loud noise or rubbing firmly on the middle of the chest, slow or shallow breathing, and lack of breathing and/or pinpoint pupils. Naloxone shall be administered by officers utilizing intranasalmethod only as approved by the Santa Clara County EMS Agency and in accordance with training guidelines. Officers should use caution after administering naloxone as the subject may become agitated or combative. If after 3 minutes no patient response to the naloxone is observed, a second dose may be administered if EMS personnel have not arrived on-scene. On-scene medical personnel shall be informed when naloxone has been administered so further medical assessments can be made. 317.6 OPIOID OVERDOSE MEDICATION REPORTING Any use of opioid overdose medication requires a written report. Responsibilities: •Officer - Any officer administering opioid overdose medication shall detail it’s use in an appropriate report •Sergeant/Supervisor - The supervisor will ensure that the report contains the needed information to meet applicable state reporting requirements and note the usage on the Patrol Daily Report. •Records Division - Staff will process the report and email a copy of the report to the Police Chief and Department Program Administrator within 48 hours. •Department Program Administrator – The administrator will complete the Santa Clara County Emergency Medical Services (SCCEMS) Naloxone Use Report and turn that report in to SCCEMS within 96 hours. 317.7 OPIOID OVERDOSE MEDICATION TRAINING The Palo Alto Police Department’s Personnel and Training Unit should ensure initial and refresher training in compliance with POST Continuing Professional Training (CPT - 2 year cycle) is provided to members authorized to administer opioid overdose medication. Training should be coordinated Palo Alto Police Department Policy Manual Opioid Medical Aid and Response Copyright Lexipol, LLC 2019/10/21, All Rights Reserved. Published with permission by Palo Alto Police Department Opioid Medical Aid and Response - 124 with the EMS Agency and comply with the requirements in 22 CCR 100019 and any applicable POST standards (Civil Code § 1714.22). Senate Bill 1438 authorizes Law Enforcement Personnel to administer naloxone to a person at risk of an opioid-related overdose without being subject to civil or criminal liability. Training is required before officers are authorized to administer naloxone. The training will consist of patient assessment (signs and symptoms of overdose), distinguishing between the different types of overdose, rescue breathing, the use of intra-nasal naloxone as described in this order and follow-up care. The training delivery will be presented within the Enforcement First Aid/CPR mandated training class and through the viewing of the specific training video authorized by EMS Agency and distributed by Personnel and Training . Refresher training will be provided on a bi-annual basis through instructor led First Aid/CPR training or video training. Only those sworn officers who have received and successfully completed the naloxone training course are allowed to administer naloxone. 317.8 CONTINUOUS QUALITY IMPROVEMENT The Palo Alto Police Department is dedicated to continuous quality improvement with the storage, training and administration of naloxone by department personnel. In an effort to ensure appropriate administration of naloxone the Palo Alto Police Department will review 100% of administrations of the medication by department personnel. Personnel are required to follow the appropriate documentation standards prescribed within this policy and submit to their supervisor for review. All incident reports will be forwarded to the Santa Clara County EMS Agency via email within 96 hours of administration. Policy 318 Palo Alto Police Department Policy Manual Copyright Lexipol, LLC 2019/10/21, All Rights Reserved. Published with permission by Palo Alto Police Department Canines - 125 Canines 318.1 PURPOSE AND SCOPE This policy establishes guidelines for the use of canines to augment police services to the community including, but not limited to locating individuals and contraband and apprehending criminal offenders. 318.2 POLICY It is the policy of the Palo Alto 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 Field Services Division to function primarily in assist or cover assignments. However, they may be assigned by the Watch Commander to other functions, such as routine calls for service, based on the current operational needs. Canine teams should generally not be assigned to handle routine matters that will take them out of service for extended periods of time. 318.4 CANINE COORDINATOR The canine coordinator shall be appointed by and directly responsible to the Field Services 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. Palo Alto Police Department Policy Manual Canines Copyright Lexipol, LLC 2019/10/21, All Rights Reserved. Published with permission by Palo Alto Police Department Canines - 126 318.5 REQUESTS FOR CANINE TEAMS Field Services Division members are encouraged to request the use of a canine. Requests for a canine team from [department/office] units outside of the Field Services Division shall be reviewed by the Watch Commander. 318.5.1 OUTSIDE AGENCY REQUEST All requests for canine assistance from outside agencies must be approved by the Watch Commander and are subject to the following: (a)Canine teams shall not be used for any assignment that is not consistent with this policy. (b)The canine handler shall have the authority to decline a request for any specific assignment that he/she deems unsuitable. (c)Calling out off-duty canine teams is discouraged but may be authorized by the on duty Watch Commander. (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 DEMONSTRATIONS All public requests for a canine team shall be reviewed and, if appropriate, approved by the canine supervisor prior to making any resource commitment. The canine supervisor is responsible for obtaining resources and coordinating involvement in the detail to include proper safety protocols. Canine handlers shall not demonstrate any apprehension work unless authorized to do so by the canine supervisor. 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 either committed, is committing or threatening to commit any serious offense and if any of the following conditions exist: (a)There is a reasonable belief the suspect poses an imminent threat of violence or serious harm to the public, any officer or the handler. (b)The suspect is physically resisting or threatening to resist arrest and the use of a canine reasonably appears to be necessary to overcome such resistance. (c)The suspect is believed to be concealed in an area where entry by other than the canine would pose a threat to the safety of officers or the public. It is recognized that situations may arise that do not fall within the provisions set forth in this policy. Such events require consideration of the totality of the circumstances and the use of an objective reasonableness standard applied to the decision to use a canine Palo Alto Police Department Policy Manual Canines Copyright Lexipol, LLC 2019/10/21, All Rights Reserved. Published with permission by Palo Alto Police Department Canines - 127 Absent a reasonable belief that a suspect has committed, is committing or is threatening to commit a serious offense, mere flight from a pursuing officer, without any of the above conditions, shall not serve as the basis for the use of a canine to apprehend a suspect. Use of a canine to locate and apprehend a suspect wanted for a lesser criminal offense than those identified above requires approval from the Watch Commander. Absent a change in circumstances that present an imminent threat to officers, the canine or the public, such canine use should be conducted on-leash or under conditions that minimize the likelihood the canine will bite or otherwise injure the individual. In all applications, once the suspect has been located and no longer reasonably appears to present a threat or risk of escape, the handler should secure the canine as soon as it becomes reasonably practicable. If the canine has apprehended the suspect with a secure bite, and the handler believes that the suspect no longer poses a threat, the handler should promptly command the canine to release the suspect. 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. Palo Alto Police Department Policy Manual Canines Copyright Lexipol, LLC 2019/10/21, All Rights Reserved. Published with permission by Palo Alto Police Department Canines - 128 318.6.2 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. The canine handler should attempt to insure the warning was recorded on MAV or a body camera. 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 Whenever a canine deployment results in a bite or causes injury to an intended suspect, a supervisor should be promptly notified and the injuries documented in a canine use report. The injured person shall be promptly treated by emergency medical services personnel and, if appropriate, transported to an appropriate medical facility for further treatment. The deployment and injuries should also be included in any related incident or arrest report. Any unintended bite or injury caused by a canine, whether on- or off-duty, shall be promptly reported to the canine supervisor. Unintended bites or injuries caused by a canine should be documented in an administrative 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). The handler will insure that the canine's up to date medical files, including required vaccinations, are on file with Personnel and Training. 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. Palo Alto Police Department Policy Manual Canines Copyright Lexipol, LLC 2019/10/21, All Rights Reserved. Published with permission by Palo Alto Police Department Canines - 129 (a)Absent a change in circumstances that present an immediate threat to officers, the canine or the public, such applications should be conducted on-leash or under conditions that minimize the likelihood the canine will bite or otherwise injure the individual, if located. (b)Unless otherwise directed by a supervisor, assisting members should take direction from the handler in order to minimize interference with the canine. (c)Throughout the deployment the handler should periodically give verbal assurances that the canine will not bite or hurt the individual and encourage the individual to make him/herself known. (d)Once the individual has been located, the handler should place the canine in a down- stay or otherwise secure it as soon as reasonably practicable. 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. Palo Alto Police Department Policy Manual Canines Copyright Lexipol, LLC 2019/10/21, All Rights Reserved. Published with permission by Palo Alto Police Department Canines - 130 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/agent who is currently off probation. (b)Residing in an adequately fenced, single-family residence (minimum 5-foot high fence with locking gates). (c)A garage that can be secured and accommodate a canine vehicle when authorized by the canine supervisor or watch commander. The vehicle should not be visible from the street. (d)Living within 1 hour travel time from the Palo Alto City limits. (e)Agreeing to be assigned to the position for a minimum of five years. (f)Ability to work night shifts with flexibility to adjust hours for special operations and call- outs. (g)A willingness to devote off-duty time to the care, feeding and training of the police canine. (h)Ability to passa required psychological examination. 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, but authorized to take a canine vehicle home, the handler shall maintain the canine vehicle in a locked garage or other approved location that can be secured and concealed from the street and public view. (d)When a handler is off-duty for an extended number of days, the assigned canine vehicle should be stored at the Palo Alto Police Department facility. (e)Upon complaint or concern of the Canine Supervisor, handlers shall permit the canine supervisor 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. Palo Alto Police Department Policy Manual Canines Copyright Lexipol, LLC 2019/10/21, All Rights Reserved. Published with permission by Palo Alto Police Department Canines - 131 (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 supervisor 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 supervisor or Watch Commander. (j)When off-duty, the handler shall not involve the canine in any law enforcement activity or official conduct unless approved in advance by the canine supervisor or Watch Commander. (k)Whenever a canine handler is off-duty for an extended number of days, it may be necessary to temporarily relocate the canine. In those situations, the handler shall give reasonable notice to the canine supervisor so that appropriate arrangements can be made. 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 dog. The handler shall also ensure that the unattended vehicle remains inhabitable for the canine. (c)Barring extraordinary circumstances, the center partition door inside of the police vehicle shall be secured. 318.10 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 supervisor or Watch Commander as soon as practicable and appropriately documented. All medical attention shall be rendered by the designated canine veterinarian, except during an emergency where treatment should be obtained from the nearest available veterinarian. All records of medical treatment shall be maintained in the handler's personnel file. 318.11 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 Palo Alto Police Department Policy Manual Canines Copyright Lexipol, LLC 2019/10/21, All Rights Reserved. Published with permission by Palo Alto Police Department Canines - 132 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 supervisor 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. All canine training should be conducted while on-duty unless otherwise approved by the caninesupervisor or Watch Commander. All canine handlers shall attend a POST approved canine handler liability course. 318.11.1 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 Palo Alto Police Department canine training provider. (b)Canine handlers are encouraged to engage in additional training with approval of the canine supervisor. (c)To ensure that all training is consistent, no handler, trainer or outside vendor is authorized to train to a standard that is not reviewed and approved by this [department/ office]. 318.11.2 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. 318.11.3 TRAINING RECORDS All canine training records shall be maintained in the canine handler's training file. The canine handler is responsible for maintaining monthly training records. Training records shall be submitted by each handler to the canine supervisor on a monthly basis. The canine supervisor is responsible for turning in monthly training records to the personnel and training division on a monthly basis. 318.11.4 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: Palo Alto Police Department Policy Manual Canines Copyright Lexipol, LLC 2019/10/21, All Rights Reserved. Published with permission by Palo Alto Police Department Canines - 133 (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 supervisorhall be responsible to verify the explosive training aids on hand against the inventory ledger once each quarter. (d)Only members of the canine team shall have access to the explosive training aids storage facility. (e)A primary and secondary custodian will be designated to minimize the possibility of loss of explosive training aids during and after the training. Generally, the handler will be designated as the primary custodian while the trainer or authorized second person on-scene will be designated as the secondary custodian. (f)Any lost or damaged explosive training aids shall be promptly reported to the canine supervisor, 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). 318.11.5 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 supervisor 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 supervisor shall periodically inspect every controlled substance training sample for damage or tampering and take any appropriate action. (g)Any unusable controlled substance training samples shall be returned to the Property and Evidence Section or to the dispensing agency. (h)All controlled substance training samples shall be returned to the dispensing agency upon the conclusion of the training or upon demand by the dispensing agency. Palo Alto Police Department Policy Manual Canines Copyright Lexipol, LLC 2019/10/21, All Rights Reserved. Published with permission by Palo Alto Police Department Canines - 134 318.11.6 CONTROLLED SUBSTANCE TRAINING AIDS Officers acting in the performance of their official duties may possess or transfer controlled substances for the purpose of narcotics-detection canine training in compliance with state and federal laws (Health & Safety Code § 11367.5; 21 USC § 823(f)). The Chief of Police or the authorized designee may authorize a member to seek a court order to allow controlled substances seized by the Palo Alto 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 Agency (DEA). These procedures are not required if the canine handler uses commercially available synthetic substances that are not controlled narcotics. 318.11.7 TRAINING AIDS Training aids are required to effectively train and maintain the skills of canines. Officers possessing, using or transporting controlled substances or explosives for canine training purposes must comply with federal and state requirements regarding the same. Alternatively, the Palo Alto Police Department may work with outside trainers with the applicable licenses or permits. Policy 320 Palo Alto Police Department Policy Manual Copyright Lexipol, LLC 2019/10/21, All Rights Reserved. Published with permission by Palo Alto Police Department Domestic Violence - 135 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/office] to take enforcement action when appropriate, to provide assistance to victims and to guide officers in the investigation of domestic violence. 320.2 POLICY The Palo Alto 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. In addition to the policies and procedures contained in this Domestic Violence Policy, all personnel are required to read and follow the Santa Clara County Protocols Section 3 - Domestic Violence Protocol for Law Enforcement, when investigating and responding to domestic violence investigations. 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 LEGAL MANDATES AND RELEVANT LAWS California law provides for the following: 320.4.1 STANDARDS FOR ARRESTS Officers investigating a domestic violence report should consider the following: (a)An arrest should be made when there is probable cause to believe that a felony or misdemeanor domestic violence offense has been committed (Penal Code § 13701). Any decision to not arrest an adult when there is probable cause to do so requires supervisor approval. 1.Officers are only authorized to make an arrest without a warrant for a misdemeanor domestic violence offense if the officer makes the arrest as soon as probable cause arises (Penal Code § 836). (b)An officer responding to a domestic violence call who cannot make an arrest will advise the victim of his/her right to make a private person’s arrest. The advisement should be made out of the presence of the suspect and shall include advising the victim how Palo Alto Police Department Policy Manual Domestic Violence Copyright Lexipol, LLC 2019/10/21, All Rights Reserved. Published with permission by Palo Alto Police Department Domestic Violence - 136 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). 320.4.2 COURT ORDERS (a)An officer who obtains an emergency protective order from the court shall serve it on the restrained person if the person can be reasonably located, and shall provide the person protected or the person’s parent/guardian with a copy of the order. The officer shall file a copy with the court as soon as practicable and shall have the order entered into the computer database system for protective and restraining orders maintained by the Department of Justice (Family Code § 6271; Penal Code § 646.91). Palo Alto Police Department Policy Manual Domestic Violence Copyright Lexipol, LLC 2019/10/21, All Rights Reserved. Published with permission by Palo Alto Police Department Domestic Violence - 137 (b)At the request of the petitioner, an officer at the scene of a reported domestic violence incident shall serve a court order on a restrained person (Family Code § 6383; Penal Code § 13710). (c)Any officer serving a protective order that indicates that the respondent possesses weapons or ammunition shall request that the firearm/ammunition be immediately surrendered (Family Code § 6389(c)(2)). (d)During the service of a protective order any firearm discovered in plain view or pursuant to consent or other lawful search shall be taken into temporary custody (Penal Code § 18250). (e)If a valid Canadian order cannot be enforced because the person subject to the order has not been notified or served with the order, the officer shall notify the protected individual that reasonable efforts shall be made to contact the person subject to the order. The officer shall make a reasonable effort to inform the person subject to the order of the existence and terms of the order and provide him/her with a record of the order, if available, and shall allow the person a reasonable opportunity to comply with the order before taking enforcement action (Family Code § 6452). Policy 324 Palo Alto Police Department Policy Manual Copyright Lexipol, LLC 2019/10/21, All Rights Reserved. Published with permission by Palo Alto Police Department Temporary Custody of Juveniles - 144 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 Palo Alto 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 his/her own safety or welfare. This also includes any juvenile who may have initially been contacted for an offense that would not subject an adult to arrest (e.g., fine-only offense) but was taken into custody for his/her protection or for purposes of reuniting the juvenile with a parent, guardian, or other responsible person. Juveniles 11 years of age or younger are considered juvenile non-offenders even if they have committed an offense that would subject an adult to arrest. Juvenile offender - A juvenile 12 to 17 years of age who is alleged to have committed an offense that would subject an adult to arrest (a non-status offense) (Welfare and Institutions Code § 602). It also includes an offense under Penal Code § 29610 for underage possession of a handgun or concealable firearm (28 CFR 31.303). Non-secure custody - When a juvenile is held in the presence of an officer or other custody employee at all times and is not placed in a locked room, cell, or behind any locked doors. Juveniles in non-secure custody may be handcuffed but not to a stationary or secure object. Personal supervision, through direct visual monitoring and audio two-way communication is maintained. Monitoring through electronic devices, such as video, does not replace direct visual observation (Welfare and Institutions Code § 207.1(d); 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. (c)A juvenile placed in a room that contains doors with delayed egress devices that have a delay of more than 30 seconds. Palo Alto Police Department Policy Manual Temporary Custody of Juveniles Copyright Lexipol, LLC 2019/10/21, All Rights Reserved. Published with permission by Palo Alto Police Department Temporary Custody of Juveniles - 145 (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. 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 Palo Alto 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 Palo Alto 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 Palo Alto Police Department: (a)Unconscious (b)Seriously injured (c)A known suicide risk or obviously severely emotionally disturbed (d)Significantly intoxicated except when approved by the Watch Commander. A medical clearance shall be obtained for minors who are under the influence of drugs, alcohol, or any other intoxicating substance to the extent that they are unable to care for themselves (15 CCR 1151). (e)Extremely violent or continuously violent Officers taking custody of a juvenile who exhibits any of the above conditions should take reasonable steps to provide medical attention or mental health assistance and notify a supervisor of the situation (15 CCR 1142; 15 CCR 1151). These juveniles should not be held at the Palo Alto Police Department unless they have been evaluated by a qualified medical and/or mental health professional (15 CCR 1142). Palo Alto Police Department Policy Manual Temporary Custody of Juveniles Copyright Lexipol, LLC 2019/10/21, All Rights Reserved. Published with permission by Palo Alto Police Department Temporary Custody of Juveniles - 146 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/Office] 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 him/herself, or any unusual behavior which may indicate the juvenile may harm him/herself while in either secure or non-secure custody (15 CCR 1142). 324.4 CUSTODY OF JUVENILES Officers should take custody of a juvenile and temporarily hold the juvenile at the Palo Alto 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 Palo Alto Police Department without authorization of the arresting officer's supervisor or the Watch Commander. Juveniles taken into custody shall be held in non-secure custody unless otherwise authorized by this policy. Any juvenile taken into custody shall be released to the care of the juvenile’s parent or other responsible adult or transferred to a juvenile custody facility or to other authority as soon as practicable and in no event shall a juvenile be held beyond six hours from the time of his/her entry into the Palo Alto Police Department (34 USC § 11133; Welfare and Institutions Code § 207.1(d)). 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 Palo Alto 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. 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 Palo Alto Police Department Policy Manual Temporary Custody of Juveniles Copyright Lexipol, LLC 2019/10/21, All Rights Reserved. Published with permission by Palo Alto Police Department Temporary Custody of Juveniles - 147 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 Palo Alto 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 suspected of using a firearm in violation of Welfare and Institutions Code § 625.3 shall be transported to a juvenile facility. A juvenile offender suspected of committing murder or a sex offense that may subject a juvenile to criminal jurisdiction under Welfare and Institutions Code § 602(b), 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 his/her home or to the place where the juvenile offender was taken into custody (Welfare and Institutions Code § 207.2). In determining which disposition is appropriate, the investigating officer or supervisor shall prefer the alternative that least restricts the juvenile’s freedom of movement, provided that alternative is compatible with the best interests of the juvenile and the community (Welfare and Institutions Code § 626). Whenever a juvenile offender under the age of 14 is taken into custody, the officer should take reasonable steps to verify and document the child's ability to differentiate between right and wrong, particularly in relation to the alleged offense (Penal Code § 26). 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, he/she shall be given the Miranda rights advisement regardless of whether questioning is intended (Welfare and Institutions Code § 625). Palo Alto Police Department Policy Manual Temporary Custody of Juveniles Copyright Lexipol, LLC 2019/10/21, All Rights Reserved. Published with permission by Palo Alto Police Department Temporary Custody of Juveniles - 148 Anytime a juvenile offender is placed in secure custody, he/she shall be informed of the purpose of the secure custody, the length of time the secure custody is expected to last, and of the maximum six-hour limitation (Welfare and Institutions Code § 207.1(d)). Juveniles taken into custody for an offense shall immediately be advised (or at least within one hour from being taken into custody, if possible) that they may make three telephone calls: one call completed to his/her parent or guardian; one to a responsible relative or his/her employer; and another call completed to an attorney. The calls shall be at no expense to the juvenile when completed to telephone numbers within the local calling area. Juveniles should be asked whether they are a caregiver and provided two more phone calls in the same manner as provided to adults in the Temporary Custody of Adults Policy (Welfare and Institutions Code § 627; Penal Code § 851.5). 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 Palo Alto Police Department (15 CCR 1150). (c)Watch Commander notification and approval to temporarily hold the juvenile. (d)Any charges for which the juvenile is being held and classification of the juvenile as a juvenile offender, status offender, or non-offender. (e)Any changes in status (e.g., emergency situations, unusual incidents). (f)Time of all safety checks. (g)Any medical and other screening requested and completed (15 CCR 1142). (h)Circumstances that justify any secure custody (Welfare and Institutions Code § 207.1(d); 15 CCR 1145). (i)Any other information that may be required by other authorities, such as compliance inspectors or a local juvenile court authority. The Watch Commander shall initial the log to approve the custody, including any secure custody, and shall also initial the log when the juvenile is released. 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(d); 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 Palo Alto Police Department Palo Alto Police Department Policy Manual Temporary Custody of Juveniles Copyright Lexipol, LLC 2019/10/21, All Rights Reserved. Published with permission by Palo Alto Police Department Temporary Custody of Juveniles - 149 (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 Palo Alto Police Department shall ensure the following: (a)The Watch Commander should be notified if it is anticipated that a juvenile may need to remain at the Palo Alto Police Department more than four hours. This will enable the Watch Commander to ensure no juvenile is held at the Palo Alto Police Department more than six hours. (b)A staff member of the same sex shall supervise personal hygiene activities and care, such as changing clothing or using the restroom, without direct observation to allow for privacy. (c)Personal safety checks and significant incidents/activities shall be noted on the log. (d)Juveniles in custody are informed that they will be monitored at all times, except when using the toilet. 1.There shall be no viewing devices, such as peep holes or mirrors, of which the juvenile is not aware. 2.This does not apply to surreptitious and legally obtained recorded interrogations. (e)Juveniles shall have reasonable access to toilets and wash basins (15 CCR 1143). (f)Food shall be provided if a juvenile has not eaten within the past four hours or is otherwise in need of nourishment, including any special diet required for the health of the juvenile (15 CCR 1143). (g)Juveniles shall have reasonable access to a drinking fountain or water (15 CCR 1143). (h)Juveniles shall have reasonable opportunities to stand and stretch, particularly if handcuffed or restrained in any way. (i)Juveniles shall have privacy during family, guardian, and/or lawyer visits (15 CCR 1143). (j)Juveniles shall be permitted to remain in their personal clothing unless the clothing is taken as evidence or is otherwise unsuitable or inadequate for continued wear while in custody (15 CCR 1143). (k)Blankets shall be provided as reasonably necessary (15 CCR 1143). 1.The supervisor should ensure that there is an adequate supply of clean blankets. (l)Adequate shelter, heat, light, and ventilation should be provided without compromising security or enabling escape. (m)Juveniles shall have adequate furnishings, including suitable chairs or benches. Palo Alto Police Department Policy Manual Temporary Custody of Juveniles Copyright Lexipol, LLC 2019/10/21, All Rights Reserved. Published with permission by Palo Alto Police Department Temporary Custody of Juveniles - 150 (n)Juveniles shall have the right to the same number of telephone calls as an adult in temporary custody. (o)No discipline may be administered to any juvenile, nor may juveniles be subjected to corporal or unusual punishment, humiliation, or mental abuse (15 CCR 1142). 324.9 RELIGIOUS ACCOMMODATION Juveniles have the right to the same religious accommodation as adults in temporary custody (see the Temporary Custody of Adults Policy). 324.10 USE OF RESTRAINT DEVICES Juvenile offenders may be handcuffed in accordance with the Handcuffing and Restraints Policy. A juvenile offender may be handcuffed at the Palo Alto Police Department when the juvenile presents a heightened risk. However, non-offenders and status offenders should not be handcuffed unless they are combative or threatening (15 CCR 1142). Other restraints shall only be used after less restrictive measures have failed and with the approval of the Watch Commander. Restraints shall only be used so long as it reasonably appears necessary for the juvenile's protection or the protection of others (15 CCR 1142). Juveniles in restraints shall be kept away from other unrestrained juveniles or monitored in such a way as to protect the juvenile from abuse (15 CCR 1142). 324.11 OFFICER RESPONSIBILITIES (a)In any case where a juvenile is taken into temporary custody for either W&I § 601 or W&I § 602, as set forth in W&I § 625, the juvenile should be promptly advised of his/ her Miranda Rights to ensure the admissibility of any spontaneous statements, even when there is no interrogation. Parents may not invoke Miranda for their child. (b)Take immediate steps to notify parents/guardians per W&I § 308(a) and W&I § 627(a). The investigating officer shall notify the parent or guardian of a minor when their child has been detained or questioned by police pursuant to a criminal investigation. The officer should explain the events to the parent so that they understand the reason for the contact and where the minor has been taken or is being held. In the instance of a detention or investigation in which a minor is questioned but not arrested, the officer shall have the option or discretion of notifying the parent at the conclusion of the incident, especially if there is a reasonable concern that early notification would jeopardize the investigation or compromise officer safety. (c)Allow the juvenile to make the necessary phone calls within one hour, as set forth in W&I § 308(b) and W&I § 627(b). No later than one hour after being taken into custody, the minor shall be advised that he/she has the right to make two completed phone calls from the place where the minor is being held. One to a parent or guardian, a responsible relative, or employer, and another call to an attorney. The only exception Palo Alto Police Department Policy Manual Temporary Custody of Juveniles Copyright Lexipol, LLC 2019/10/21, All Rights Reserved. Published with permission by Palo Alto Police Department Temporary Custody of Juveniles - 151 to this requirement will be when the minor is physically unable to make the phone calls. Any public officer or employer who willfully deprives a minor taken into custody of his right to make such telephone calls is guilty of a misdemeanor. (d)When responding to the schools, absent an emergency or exigent circumstances, officer(s) shall notify a school administrator, preferably the Principal, Vice-Principal or Dean of Students prior to contacting a juvenile on campus. The officer(s) shall advise the school administrator of the purpose of the contact and cooperatively develop a clear plan to deal with the situation since the school is responsible for the child during school hours. Generally, for matters that are non-criminal in nature, school staff should take the lead on mediating these issues with the responding officer providing appropriate assistance. The intent of this is to avoid unnecessarily escalating a counseling/behavioral matter to a criminal level. Upon completing a student contact for any action on a school campus, the officer(s) shall let the school administrator know the disposition of the contact before leaving campus. The officer should use his/her discretion when interviewing a child on a school campus. If an interview is conducted on a school campus, the officer shall contact the parents immediately after the interview. Officers should consult with school administrators and be aware of their family reporting requirements per PAUSD/ school policy. 324.11.1 JUVENILE CONTACT REPORT (JCR) Police officers shall complete a JCR in the following instances: (a)When the juvenile is taken to Juvenile Hall. All juvenile bookings require a statement of probable cause, for each on-view law violation, summarized on the JCR; (b)When the juvenile is issued a citation for an offense that is not traffic related or not a municipal code violation; (c)When the juvenile is taken into protective custody. 324.11.2 PHOTOGRAPHING JUVENILES The photographing of juveniles shall not be arbitrary or indiscriminate but shall meet the minimum standard or criteria of reasonable suspicion required for a lawful detention based on articulable facts. Using discretion photographs may be taken in the following instances: (a)When the juvenile is lawfully detained or arrested for a law violation; (b)When fingerprints or photographs are needed to establish or verify identity; (c)When the arrested juvenile is a suspect in an additional case, and a photographs is needed for a photo line-up; (d)When the supervisor or watch commander deems it necessary. Palo Alto Police Department Policy Manual Temporary Custody of Juveniles Copyright Lexipol, LLC 2019/10/21, All Rights Reserved. Published with permission by Palo Alto Police Department Temporary Custody of Juveniles - 152 324.11.3 FINGERPRINTING JUVENILES All sworn personnel will be trained in the use of the AFIS/Live Scan Machine. The fingerprinting of a juvenle shall occur in accordance with the guidelines set forth in the Santa Clara County Protocols Section 14 - Juvenile Fingerprint/Data Entry Into CJIC. (a)Juvenile information may not be entered into the CJIC database without positive identification by fingerprints verified through AFIS. (b)All juveniles who are arrested and fingerprinted must have their associated PFN and CEN number recorded on a JCR which is forwarded to the Juvenile Probabtion Department. Juveniles arrested for the following should be fingerprinted: (a)FELONY VIOLATIONS 1.All juveniles arrested on any felony violation shall be fingerprinted using the AFIS/Live Scan Machines prior to being released or booked into Juvenile hall. 2.An exception to this is if the juvenile is under the influence of alcohol or drugs and the supervisor deems it necessary to release the juvenile at the hospital. If this were to occur, the juvenile's parents should be referred to the TSD Records Unit to ensure that the juvenile is fingerprinted at a later time. (b)MISDEMEANOR VIOLATIONS 1.A juvenile arrested on a misdemeanor offense shall not be fingerprinted without a compelling reason unless the offense is Penal Code §243.4 (a), (b), (c), (d) or (e), §243.4 (e) (1), §314.1 PC, §314.2 PC, or §417. 324.11.4 DISPOSITION OF JUVENILE OFFENDERS In no event shall a juvenile be released on his/her own if the case falls under W&I § 300, those juveniles who have suffered, or there is a substantial risk that the child will suffer serious physical harm inflicted non-accidentally upon the child by the child's parent or guardian. Status offenders, those juveniles who violate W&I § 601, are those who refuse to obey the reasonable and proper orders or directions from parents or guardians, school officials, and those who run away from home. Prior to legislation enacted in 1976, juveniles with these behaviors were detainable. Legislation prohibiting detention for these offenses also recommended that local governments establish a system of services for these juveniles to help keep them safe and out of trouble. In response, referral to the following agencies have proved to be beneficial: •Uplift •Family and Children Services •Adolescent Counseling Services •KARA (Grief Support) Palo Alto Police Department Policy Manual Temporary Custody of Juveniles Copyright Lexipol, LLC 2019/10/21, All Rights Reserved. Published with permission by Palo Alto Police Department Temporary Custody of Juveniles - 153 •RAIC •Bill Wilson Center Criminal offenders, those juveniles who violate W&I § 602, are those who violate any law of this state other than those that fall under W&I § 601. In the majority of incidents, the juvenile will be cited and released back to a parent or guardian, or with the permission of a parent or guardian, released back to school officials. Due to juvenile detention reform in Santa Clara County, only those juveniles involved in serious crimes will be allowed admittance into Juvenile Hall. Officers shall release juvenile offenders, including release to parents, release with a written promise to apprear, release to a diversion program, or release to alternative community resources, unless one or more of the following circumstances exist: (a)The juvenile is 14 years old, or older and commits a violation specified in 707(b) W (b)An outstanding warrant exists for the juvenile, or a probation officer directs that the juvenile be incarcerated; (c)The release of the juvenile would create a continuing threat to public safety and/or an individual; (d)The crime is violent, serious, or involves a firearm; (e)Any crime involving domestic violence; (f)When satisfactory evidence of identity cannot be established; (g)When a parent or guardian cannot be located (h)Release of the juvenile would compromise an investigation (i)The juvenile demands to be taken before a magistrate. Exceptions for non release for a crime that does not fit the above listed criteria must be approved by a supervisor and documented on a JCR and arrest report. Community Alternative to Incarceration (a)Palo Alto Police Officers can refer WI § 602 offenders who are not eligible to be admitted to juvenile hall to the Bill Wilson Center when the minor's parents are not available or not willing to accept their minor : Documentation Palo Alto Police Department Policy Manual Temporary Custody of Juveniles Copyright Lexipol, LLC 2019/10/21, All Rights Reserved. Published with permission by Palo Alto Police Department Temporary Custody of Juveniles - 154 All in-custody reports shall be completed no later than the end of the shift. The completed report is either faxed, or delivered, to the Probation Department. Under unusual circumstances, the patrol supervisor may authorize the completion of the report to be made on the following day. By law, W&I § 631, any decision to hold or detain a minor more than 24 hours must be reviewed and approved by a supervising probation officer. Therefore, it is imperative that the report be delivered to the Probation Department within 24 hours from the time of the minor's arrest. 324.11.5 RELEASING THE MINOR TO DESIGNATED PERSONS When a parent is arrested and required to be booked into jail, and the parent has their child with them, the following considerations should be made for releasing or securing the child: (a)The supervisor, or watch commander shall be notified and consulted to establish a suitable disposition for the child; (b)If there are any circumstances that allege child abuse, neglect, or reasonable suspicion is raised regarding the suitability of the child's home, or of the person who is to take custody of the child, and then the child should be placed in the Children's Shelter; (c)In the absence of any known or alleged disqualifying condition, a child may, at the request of the arrested parent and with the approval of a supervisor, be released to a designated family member or other responsible adult known to the family whom the parent and the child trust. In such cases where a minor is released to an individual so designated by the parent, the investigating officer will document the request and disposition of the minor in the arrest report. The identity of the person taking custody of the child, as necessary, should be established with photo identification; (d)If the parent is reluctant about identifying or agreeing on who should take custody of the child, the child should be taken to the Children's Shelter. An exception might be when the child is old enough to care for himself or herself, such as a teenager, who may only need a ride home. In such cases, it is permissible to have a friend provide transportation for the teenager. 324.12 PERSONAL PROPERTY The officer taking custody of a juvenile offender or status offender at the Palo Alto 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 Palo Alto Police Department. Palo Alto Police Department Policy Manual Temporary Custody of Juveniles Copyright Lexipol, LLC 2019/10/21, All Rights Reserved. Published with permission by Palo Alto Police Department Temporary Custody of Juveniles - 155 324.13 SECURE CUSTODY Only juvenile offenders 14 years of age or older may be placed in secure custody (Welfare and Institutions Code § 207; 15 CCR 1145). Watch Commander approval is required before placing a juvenile offender in secure custody. Secure custody should only be used for juvenile offenders when there is a reasonable belief that the juvenile is a serious risk of harm to him/herself or others. Factors to be considered when determining if the juvenile offender presents a serious security risk to him/herself or others include the following (15 CCR 1145): (a)Age, maturity, and delinquent history (b)Severity of offense for which the juvenile was taken into custody (c)The juvenile offender’s behavior (d)Availability of staff to provide adequate supervision or protection of the juvenile offender (e)Age, type, and number of other individuals in custody at the facility Members of this [department/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). 324.13.1 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(d)). Palo Alto Police Department Policy Manual Temporary Custody of Juveniles Copyright Lexipol, LLC 2019/10/21, All Rights Reserved. Published with permission by Palo Alto Police Department Temporary Custody of Juveniles - 156 (d)Unscheduled safety checks to provide for the health and welfare of the juvenile by a staff member, no less than once every 15 minutes, shall occur (15 CCR 1147; 15 CCR 1151). 1.All safety checks shall be logged. 2.The safety check should involve questioning the juvenile as to his/her well-being (sleeping juveniles or apparently sleeping juveniles should be awakened). 3.Requests or concerns of the juvenile should be logged. (e)Males and females shall not be placed in the same locked room (15 CCR 1147). (f)Juvenile offenders should be separated according to severity of the crime (e.g., felony or misdemeanor). (g)Restrained juveniles shall not be mixed in a cell or room with unrestrained juveniles. 324.14 SUICIDE ATTEMPT, DEATH, OR SERIOUS INJURY OF A JUVENILE The Watch Commander will ensure procedures are in place to address the suicide attempt, death, or serious injury of any juvenile held at the Palo Alto Police Department (15 CCR 1142; 15 CCR 1047). The procedures will address: (a)Immediate notification of the on-duty supervisor, Chief of Police, and Investigative Services Division Supervisor. (b)Notification of the parent, guardian, or person standing in loco parentis of the juvenile. (c)Notification of the appropriate prosecutor. (d)Notification of the City attorney. (e)Notification to the coroner. (f)Notification of the juvenile court. (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. 324.15 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 15 years of age or younger to consult with legal counsel in person, by telephone, Palo Alto Police Department Policy Manual Temporary Custody of Juveniles Copyright Lexipol, LLC 2019/10/21, All Rights Reserved. Published with permission by Palo Alto Police Department Temporary Custody of Juveniles - 157 or by video conference. The consultation may not be waived by the juvenile. The requirement to consult with legal counsel does not apply when (Welfare and Institutions Code § 625.6): (a)Information is necessary to protect life or property from an imminent threat. (b)The questions are limited to what is reasonably necessary to obtain the information relating to the threat. 324.15.1 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). Palo Alto Police Department Policy Manual Temporary Custody of Juveniles Copyright Lexipol, LLC 2019/10/21, All Rights Reserved. Published with permission by Palo Alto Police Department Temporary Custody of Juveniles - 158 324.16 FORMAL BOOKING No juvenile offender shall be formally booked without the authorization of the arresting officer's supervisor, or in his/her absence, the Watch Commander. Any juvenile 14 years of age or older who is taken into custody for a felony, or any juvenile whose acts amount to a sex crime, shall be booked, fingerprinted, and photographed. For all other acts defined as crimes, juveniles may be booked, fingerprinted or photographed upon the approval from the Watch Commander or Investigative Services 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 324.17 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/ office] 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 Palo Alto 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 Manager and the appropriate Investigative Services supervisors to ensure that personnel of those bureaus act within legal guidelines. 324.18 BOARD OF STATE AND COMMUNITY CORRECTIONS CERTIFICATION The Field Services Division Captain shall coordinate the procedures related to the custody of juveniles held at the Palo Alto Police Department and ensure any required certification is maintained (Welfare and Institution Code § 210.2). 324.19 POLICY ISSUE DATE Updated: 12-8-16 Updated: 10-11-18 Policy 326 Palo Alto Police Department Policy Manual Copyright Lexipol, LLC 2019/10/21, All Rights Reserved. Published with permission by Palo Alto Police Department Adult Abuse - 159 Adult Abuse 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 Palo Alto Police Department members as required by law. In addition to the policies and procedures contained in this policy, all personnel are required to read and follow the Santa Clara County Protocols Section 4 - Elder and Dependent Adult Abuse Protocol when conducting Adult Abuse investigations. Palo Alto Police Procedure Manual: 103.1 Elder and Dependent Adult 2010 County Protocol 326.1.1 DEFINITIONS Definitions related to this policy include: Adult abuse - Any offense or attempted offense involving violence or neglect of an adult victim when committed by a person responsible for the adult’s care, or any other act that would mandate reporting or notification to a social service agency or law enforcement (Penal Code § 368). Abuse of an elder (age 65 or older) or dependent adult - Physical abuse, neglect, financial abuse, abandonment, isolation, abduction, or other treatment with resulting physical harm or pain or mental suffering; or the deprivation by a care custodian of goods or services that are necessary to avoid physical harm or mental suffering. Neglect includes self-neglect (Welfare and Institutions Code § 15610.07; Penal Code § 368.5). 326.2 INVESTIGATIONS AND REPORTING All reported or suspected cases of adult abuse require investigation and a report, even if the allegations appear unfounded or unsubstantiated. Investigations and reports related to suspected cases of adult abuse should address, as applicable: (a)The overall basis for the contact. This should be done by the investigating officer in all circumstances where a suspected adult abuse victim is contacted. (b)Any relevant statements the victim may have made and to whom he/she made the statements. (c)If a person is taken into protective custody, the reasons, the name and title of the person making the decision, and why other alternatives were not appropriate. (d)Documentation of any visible injuries or any injuries identified by the victim. This should include photographs of such injuries, if practicable. (e)Whether the victim was transported for medical treatment or a medical examination. (f)Whether the victim identified a household member as the alleged perpetrator, and a list of the names of any other potential victims or witnesses who may reside in the residence. Palo Alto Police Department Policy Manual Adult Abuse Copyright Lexipol, LLC 2019/10/21, All Rights Reserved. Published with permission by Palo Alto Police Department Adult Abuse - 160 (g)Identification of any prior related reports or allegations of abuse, including other jurisdictions, as reasonably known. (h)Previous addresses of the victim and suspect. (i)Other potential witnesses who have not yet been interviewed, such as relatives or others close to the victim’s environment. (j)Results of investigations shall be provided to those agencies (Adult Protective Services (APS), long-term ombudsman) that referred or reported the adult abuse (Welfare and Institutions Code § 15640(f)). (k)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 adult abuse and investigated similarly. 326.3 QUALIFIED INVESTIGATORS Qualified investigators should be available to investigate cases of adult abuse. These investigators should: (a)Conduct interviews in appropriate interview facilities. (b)Be familiar with forensic interview techniques specific to adult abuse investigations. (c)Present all cases of alleged adult abuse to the prosecutor for review. (d)Coordinate with other enforcement agencies, social service agencies and facility administrators as needed. (e)Provide referrals to therapy services, victim advocates, guardians and support for the victim and family as appropriate. (f)Participate in or coordinate with multidisciplinary investigative teams as applicable (Welfare and Institutions Code § 15610.55). 326.4 MANDATORY NOTIFICATION Members of the Palo Alto Police Department shall notify the local office of the California Department of Social Services (CDSS) APS agency when they reasonably suspect, have Palo Alto Police Department Policy Manual Adult Abuse Copyright Lexipol, LLC 2019/10/21, All Rights Reserved. Published with permission by Palo Alto Police Department Adult Abuse - 161 observed, or have knowledge of an incident that reasonably appears to be abuse of an elder (age 65 or older) or dependent adult, or are told by an elder or dependent adult that he/she has experienced abuse (Welfare and Institutions Code § 15630(b)). Notification shall be made by telephone as soon as practicable and a written report shall be provided within two working days as provided in Welfare and Institutions Code § 15630(b)(c)). A dependent adult is an individual, regardless of whether the individual lives independently, between 18 and 64 years of age who has physical or mental limitations that restrict his/her ability to carry out normal activities or to protect his/her rights, including but not limited to persons who have physical or developmental disabilities or whose physical or mental abilities have diminished because of age. This also includes those admitted as inpatients to a 24-hour health facility, as defined in state law (Welfare and Institutions Code § 15610.23). Notification shall also be made to the following agencies as soon as practicable or as provided below (Welfare and Institutions Code § 15630): (a)If the abuse is physical abuse and occurred in a long-term care facility (not a state mental health hospital or a state developmental center) notification shall be made as follows (Welfare and Institutions Code § 15630(b)(1)): 1.If there is serious bodily injury, notification shall be made by telephone and, within two hours, a written report shall be made to the local ombudsman and the corresponding licensing agency. 2.If there is physical abuse and no serious bodily injury, notification shall be made by telephone and, within 24 hours, a written report shall be made to the local ombudsman and the corresponding licensing agency. 3.If the abuse is allegedly caused by a resident with dementia and there is no serious bodily injury, notification shall be made by telephone and a written report to the local ombudsman within 24 hours. 4.When a report of abuse is received by the [Department/Office], the local ombudsman shall be called to coordinate efforts to provide the most immediate and appropriate response (Welfare and Institutions Code § 15630(b)). (b)If the abuse is in a long-term care facility (not a state mental health or a state developmental center) and is other than physical abuse, a telephone report and a written report shall be made to the local ombudsman as soon as practicable (Welfare and Institutions Code § 15630(b)). (c)The California Department of Public Health (DPH) shall be notified of all known or suspected abuse in a long-term care facility. (d)The SDSS shall be notified of all known or suspected abuse occurring in a residential care facility for the elderly or in an adult day program. (e)If the abuse occurred in an adult day health care center, DPH and the California Department of Aging shall be notified. (f)The Bureau of Medi-Cal Fraud and Elder Abuse shall be notified of all abuse that constitutes criminal activity in a long-term care facility. Palo Alto Police Department Policy Manual Adult Abuse Copyright Lexipol, LLC 2019/10/21, All Rights Reserved. Published with permission by Palo Alto Police Department Adult Abuse - 162 (g)The District Attorney’s office shall be notified of all cases of physical abuse and financial abuse in a long-term care facility. (h)If the abuse occurred at a state mental hospital or a state developmental center, notification shall be made to the designated investigators of the California Department of State Hospitals or the California Department of Developmental Services as soon as practicable but no later than two hours after law enforcement becomes aware of the abuse (Welfare and Institutions Code § 15630(b)). 1.When a report of abuse is received by the [Department/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)). (i)If during an investigation it is determined that the adult abuse is being committed by a licensed health practitioner as identified in Welfare and Institutions Code § 15640(b), the appropriate licensing agency shall be immediately notified (Welfare and Institutions Code 15640(b)). (j)When the [Department/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 Investigative Services 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). 326.4.1 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. (g)Any other information, including information that led the person to suspect elder or dependent adult abuse. Palo Alto Police Department Policy Manual Adult Abuse Copyright Lexipol, LLC 2019/10/21, All Rights Reserved. Published with permission by Palo Alto Police Department Adult Abuse - 163 326.5 PROTECTIVE CUSTODY Before taking an adult abuse victim into protective custody when facts indicate the adult may not be able to care for him/herself, the officer should make reasonable attempts to contact APS. Generally, removal of an adult abuse victim from his/her family, guardian or other responsible adult should be left to the welfare authorities when they are present or have become involved in an investigation. Generally, members of this department should remove an adult abuse victim from his/her family or guardian without a court order only when no other effective alternative is reasonably available and immediate action reasonably appears necessary to protect the victim (Pursuant to W&I Code 15700 and 15703). Prior to taking an adult abuse victim into protective custody, the officer should take reasonable steps to deliver the adult to another qualified legal guardian, unless it reasonably appears that the release would endanger the victim or result in abduction. If this is not a reasonable option, the officer shall ensure that the adult is delivered to APS. Whenever practicable, the officer should inform a supervisor of the circumstances prior to taking an adult abuse victim into protective custody. If prior notification is not practicable, officers should contact a supervisor promptly after taking the adult into protective custody. When adult abuse victims are under state control, have a state-appointed guardian or there are other legal holdings for guardianship, it may be necessary or reasonable to seek a court order on behalf of the adult victim to either remove the adult from a dangerous environment (protective custody) or restrain a person from contact with the adult. 326.5.1 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)). 326.5.2 MENTAL HEALTH HOLDS W hen an elder (65 years and older) is taken on a Mental Health Hold per W&I 5150, officers shall classify the report as Elder Abuse/Self Neglect and complete a Report of Suspected Dependant Adult/Elder Abuse form (SOC 341). Them officer shall ensure that the SOC 341 form is forwarded to Adult Protective Servics (APS) and make a phone report to APS immediately inorder to cross report. In cases of Mental Health Holds which involve subjects who are between the ages of 18 and 64, Investigative Services Division personnel will evaluate the details of the case and decidewhether the subject should be classified as a "Dependant Adult". Those deemed Dependant Adults will be referred to APS. 326.6 INTERVIEWS Palo Alto Police Department Policy Manual Adult Abuse Copyright Lexipol, LLC 2019/10/21, All Rights Reserved. Published with permission by Palo Alto Police Department Adult Abuse - 164 326.6.1 PRELIMINARY INTERVIEWS Absent extenuating circumstances or impracticality, officers should audio record the preliminary interview with a suspected adult abuse victim. Officers should avoid multiple interviews with the victim and should attempt to gather only the information necessary to begin an investigation. When practicable, investigating officers should defer interviews until a person who is specially trained in such interviews is available. 326.6.2 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 MEDICAL EXAMINATIONS When an adult abuse investigation requires a medical examination, the investigating officer should obtain consent for such examination from the victim, guardian, agency or entity having legal custody of the adult. The officer should also arrange for the adult’s transportation to the appropriate medical facility. In cases where the alleged offender is a family member, guardian, agency or entity having legal custody and is refusing to give consent for the medical examination, officers should notify a supervisor before proceeding. If exigent circumstances do not exist or if state law does not provide for officers to take the adult for a medical examination, the supervisor should consider other government agencies or services that may obtain a court order for such an examination. 326.8 POLICY UPDATES Updated 5-2-17 Updated 10-11-18 Updated 7-19 326.9 RECORDS BUREAU RESPONSIBILITIES The Technical Services Division is responsible for: Palo Alto Police Department Policy Manual Adult Abuse Copyright Lexipol, LLC 2019/10/21, All Rights Reserved. Published with permission by Palo Alto Police Department Adult Abuse - 165 (a)Providing a copy of the 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 adult abuse report with the initial case file. 326.10 JURISDICTION The Palo Alto Police Department has concurrent jurisdiction with state law enforcement agencies when investigating elder and dependent adult abuse and all other crimes against elder victims and victims with disabilities (Penal Code § 368.5). Adult protective services agencies and local long-term care ombudsman programs also have jurisdiction within their statutory authority to investigate elder and dependent adult abuse and criminal neglect and may assist in criminal investigations upon request in such cases. However, this [department/office] will retain responsibility for the criminal investigations (Penal Code § 368.5). 326.11 RELEVANT STATUTES Penal Code § 368 (c) Any person who knows or reasonably should know that a person is an elder or dependent adult and who, under circumstances or conditions other than those likely to produce great bodily harm or death, willfully causes or permits any elder or dependent adult to suffer, or inflicts thereon unjustifiable physical pain or mental suffering, or having the care or custody of any elder or dependent adult, willfully causes or permits the person or health of the elder or dependent adult to be injured or willfully causes or permits the elder or dependent adult to be placed in a situation in which his or her person or health may be endangered, is guilty of a misdemeanor. Penal Code § 368 (f) (f) A person who commits the false imprisonment of an elder or a dependent adult by the use of violence, menace, fraud, or deceit is punishable by imprisonment pursuant to subdivision (h) of Section 1170 for two, three, or four years. Welfare and Institutions Code § 15610.05 “Abandonment” means the desertion or willful forsaking of an elder or a dependent adult by anyone having care or custody of that person under circumstances in which a reasonable person would continue to provide care and custody. Welfare and Institutions Code § 15610.06 “Abduction” means the removal from this state and the restraint from returning to this state, or the restraint from returning to this state, of any elder or dependent adult who does not have the capacity to consent to the removal from this state and the restraint from returning to this state, or the restraint from returning to this state, as well as the removal from this state or the restraint from returning to this state, of any conservatee without the consent of the conservator or the court. Palo Alto Police Department Policy Manual Adult Abuse Copyright Lexipol, LLC 2019/10/21, All Rights Reserved. Published with permission by Palo Alto Police Department Adult Abuse - 166 Welfare and Institutions Code § 15610.30 (a) “Financial abuse” of an elder or dependent adult occurs when a person or entity does any of the following: (1) Takes, secretes, appropriates, obtains, or retains real or personal property of an elder or dependent adult for a wrongful use or with intent to defraud, or both. (2) Assists in taking, secreting, appropriating, obtaining, or retaining real or personal property of an elder or dependent adult for a wrongful use or with intent to defraud, or both. (3) Takes, secretes, appropriates, obtains, or retains, or assists in taking, secreting, appropriating, obtaining, or retaining, real or personal property of an elder or dependent adult by undue influence, as defined in Section 15610.70. (b) A person or entity shall be deemed to have taken, secreted, appropriated, obtained, or retained property for a wrongful use if, among other things, the person or entity takes, secretes, appropriates, obtains, or retains the property and the person or entity knew or should have known that this conduct is likely to be harmful to the elder or dependent adult. (c) For purposes of this section, a person or entity takes, secretes, appropriates, obtains, or retains real or personal property when an elder or dependent adult is deprived of any property right, including by means of an agreement, donative transfer, or testamentary bequest, regardless of whether the property is held directly or by a representative of an elder or dependent adult. (d) For purposes of this section, “representative” means a person or entity that is either of the following: (1) A conservator, trustee, or other representative of the estate of an elder or dependent adult. (2) An attorney-in-fact of an elder or dependent adult who acts within the authority of the power of attorney. Welfare and Institutions Code § 15610.43 (a) “Isolation” means any of the following: (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. Palo Alto Police Department Policy Manual Adult Abuse Copyright Lexipol, LLC 2019/10/21, All Rights Reserved. Published with permission by Palo Alto Police Department Adult Abuse - 167 (b) The acts set forth in subdivision (a) shall be subject to a rebuttable presumption that they do not constitute isolation if they are performed pursuant to the instructions of a physician and surgeon licensed to practice medicine in the state, who is caring for the elder or dependent adult at the time the instructions are given, and who gives the instructions as part of his or her medical care. (c) The acts set forth in subdivision (a) shall not constitute isolation if they are performed in response to a reasonably perceived threat of danger to property or physical safe Welfare and Institutions Code § 15610.57 (a) “Neglect” means either of the following: (1) The negligent failure of any person having the care or custody of an elder or a dependent adult to exercise that degree of care that a reasonable person in a like position would exercise. (2) The negligent failure of an elder or dependent adult to exercise that degree of self care that a reasonable person in a like position would exercise. (b) Neglect includes, but is not limited to, all of the following: (1) Failure to assist in personal hygiene, or in the provision of food, clothing, or shelter. (2) Failure to provide medical care for physical and mental health needs. No person shall be deemed neglected or abused for the sole reason that he or she voluntarily relies on treatment by spiritual means through prayer alone in lieu of medical treatment. (3) Failure to protect from health and safety hazards. (4) Failure to prevent malnutrition or dehydration. (5) Failure of an elder or dependent adult to satisfy the needs specified in paragraphs (1) to (4), inclusive, for himself or herself as a result of poor cognitive functioning, mental limitation, substance abuse, or chronic poor health. Welfare and Institutions Code § 15610.63 15610.63. “Physical abuse” means any of the following: (a) Assault, as defined in Section 240 of the Penal Code. (b) Battery, as defined in Section 242 of the Penal Code. (c) Assault with a deadly weapon or force likely to produce great bodily injury, as defined in Section 245 of the Penal Code. (d) Unreasonable physical constraint, or prolonged or continual deprivation of food or water. (e) Sexual assault, that means any of the following: (1) Sexual battery, as defined in Section 243.4 of the Penal Code. (2) Rape, as defined in Section 261 of the Penal Code. Palo Alto Police Department Policy Manual Adult Abuse Copyright Lexipol, LLC 2019/10/21, All Rights Reserved. Published with permission by Palo Alto Police Department Adult Abuse - 168 (3) Rape in concert, as described in Section 264.1 of the Penal Code. (4) Spousal rape, as defined in Section 262 of the Penal Code. (5) Incest, as defined in Section 285 of the Penal Code. (6) Sodomy, as defined in Section 286 of the Penal Code. (7) Oral copulation, as defined in Section 287 or former Section 288a of the Penal Code. (8) Sexual penetration, as defined in Section 289 of the Penal Code. (9) Lewd or lascivious acts as defined in paragraph (2) of subdivision (b) of Section 288 of the Penal Code. (f) Use of a physical or chemical restraint or psychotropic medication under any of the following conditions: (1) For punishment. (2) For a period beyond that for which the medication was ordered pursuant to the instructions of a physician and surgeon licensed in the State of California, who is providing medical care to the elder or dependent adult at the time the instructions are given. (3) For any purpose not authorized by the physician and surgeon. Policy 328 Palo Alto Police Department Policy Manual Copyright Lexipol, LLC 2019/10/21, All Rights Reserved. Published with permission by Palo Alto Police Department Discriminatory Harassment - 169 Discriminatory Harassment 328.1 PURPOSE AND SCOPE The purpose of this policy is to prevent [department/office] 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 Palo Alto 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 the 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 other classifications 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, 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. Palo Alto Police Department Policy Manual Discriminatory Harassment Copyright Lexipol, LLC 2019/10/21, All Rights Reserved. Published with permission by Palo Alto Police Department Discriminatory Harassment - 170 328.3.2 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 Fair Employment and Housing Council guidelines. (b)Bona fide requests or demands by a supervisor that a member improve his/her 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 he/she 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 law enforcement 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 his/her immediate supervisor may bypass the chain of command and make the report to a higher-ranking supervisor or manager. Complaints may also be filed with the Chief of Police, the Personnel and Training Lieutenant or the City Manager. Palo Alto Police Department Policy Manual Discriminatory Harassment Copyright Lexipol, LLC 2019/10/21, All Rights Reserved. Published with permission by Palo Alto Police Department Discriminatory Harassment - 171 Any member who believes, in good faith, that he/she has been discriminated against, harassed or subjected to retaliation, or who has observed harassment or discrimination, 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 each supervisor and manager 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 his/her 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 Personnel and Training Lieutenant 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 Because of differences in individual values, supervisors and managers may find it difficult to recognize that their behavior or the behavior of others is discriminatory, harassing or retaliatory. Supervisors and managers shall be aware of the following considerations: (a)Behavior of supervisors and managers should represent the values of the [Department/Office] and professional law enforcement 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 Personnel and Training Lieutenant, the City Manager or the California Department of Fair Employment and Housing for further information, direction or clarification.