Law Enforcement Agency Standards, CALEA, 2011
Download original document:
Document text
Document text
This text is machine-read, and may contain errors. Check the original document to verify accuracy.
CALEA Law Enforcement Agency Standards STANDARD TITLES Accreditation and Advanced Accreditation This document serves as a comprehensive list of CALEA Standards for Law Enforcement Agencies. Those highlighted constitute the contents of the CALEA Law Enforcement Accreditation Program. The CALEA Advanced Law Enforcement Accreditation is composed of all standards listed. Questions concerning standard applicability should be directed to CALEA Program Management staff. 1.0 Law Enforcement Role and Authority 1.1 Law Enforcement Agency Role 1.1.1 1.1.2 1.1.3 1.1.4 1.2 1.2.1 1.2.2 1.2.3 1.2.4 1.2.5 1.2.6 1.2.7 1.2.8 1.2.9 1.3 1.3.1 1.3.2 1.3.3 1.3.4 1.3.5 1.3.6 1.3.7 1.3.8 1.3.9 1.3.10 1.3.11 1.3.12 1.3.13 Oath of Office Code of Ethics Agency’s Role in Criminal Justice Diversion Programs Consular Notification Limits of Authority Legal Authority Defined Legal Authority to Carry/Use Weapons Compliance with Constitutional Requirements Search and Seizure Arrest with/without Warrant Alternatives to Arrest Use of Discretion Strip/Body Cavity Search Bias Based Profiling Use of Force Use of Reasonable Force Use of Deadly Force Warning Shots Use of Authorized Less Lethal Weapons Rendering Aid After Use of Weapons Reporting Uses of Force Reviewing Reports of 1.3.6 Removal from Line of Duty Assignment, Use of Force Authorization: Weapons and Ammunition Demonstrating Proficiency with Weapons Annual/Biennial Proficiency Training Issuing Written Directives Analyze Reports from 1.3.6 2.0 Agency Jurisdiction and Mutual Aid 2.1 Agency Jurisdiction and Mutual Aid 2.1.1 2.1.2 2.1.3 2.1.4 Geographical Boundaries Concurrent Jurisdiction Written Agreements for Mutual Aid Requesting Assistance: Federal LE/National Guard 3.0 Contractual Agreements for Law Enforcement Services 3.1 Contractual Agreements 3.1.1 3.1.2 Written Agreement for Services Provided Employee Rights 11.0 Organization and Administration 11.1 11.1.1 11.1.2 11.2 11.2.1 11.2.2 11.3 11.3.1 11.3.2 11.4 11.4.1 11.4.2 11.4.3 11.4.4 11.4.5 12.0 12.1 12.1.1 12.1.2 12.1.3 12.1.4 12.2 Organizational Structure Description of Organization Organizational Chart Unity of Command Employee Accountability Direct Command, Component Authority and Responsibility Responsibility/Authority Supervisory Accountability General Management and Administration Administrative Reporting Program Accountability for Agency Forms Accreditation Maintenance Computer Software Policy Notify CEO of Incident with Liability Direction Direction CEO Authority and Responsibility Command Protocol Obey Lawful Orders Functional Communication/Cooperation Written Directives 12.2.1 12.2.2 15.0 15.1 15.1.1 15.1.2 15.1.3 15.2 15.2.1 15.2.2 15.3 15.3.1 16.0 16.1 16.1.1 16.1.2 16.2 16.2.1 16.2.2 16.2.3 16.3 16.3.1 16.3.2 16.3.3 16.3.4 16.3.5 16.3.6 16.3.7 16.3.8 16.3.9 16.4 16.4.1 16.4.2 16.4.3 17.0 The Written Directive System Dissemination and Storage Planning and Research, Goals and Objectives, and Crime Analysis Planning and Research Activities of Planning and Research Organizational Placement/Planning and Research Multiyear Plan Goals and Objectives Annual Updating/Goals and Objectives System for Evaluation/Goals and Objectives Crime Analysis Establish Procedures Allocation and Distribution of Personnel and Personnel Alternatives Allocation and Distribution of Personnel Position Management System Workload Assessments Specialized Assignment Annual Review Announce Openings Temporary/Rotating Assignments Reserves Program Description Selection Criteria Entry Level Training Uniforms and Equipment In-Service Training Use of Force Training & Firearms Proficiency Bonding/Liability Protection Performance Evaluations Educational Requirements Auxiliaries Program Description Training Uniforms Fiscal Management and Agency Property 17.1 17.1.1 17.2 17.2.1 17.2.2 17.3 17.3.1 17.4 17.4.1 17.4.2 17.4.3 17.5 17.5.1 17.5.2 17.5.3 21.0 21.1 21.1.1 21.2 21.2.1 21.2.2 22.0 22.1 22.1.1 22.2 22.2.1 22.2.2 22.2.3 22.2.4 22.2.5 22.2.6 22.2.7 22.3 Fiscal Management CEO Authority and Responsibility Budget Budget Process and Responsibility Described Functional Recommendations to Budget Purchasing Requisition and Purchasing Procedures Accounting Accounting System Cash Fund/Accounts Maintenance Independent Audit Agency Property Inventory and Control Issue/Reissue Procedures Operational Readiness Classification and Delineation of Duties and Responsibilities Task Analysis Task Analysis Classification Classification Plan Job Description Maintenance and Availability Compensation, Benefits, and Conditions of Work Compensation Salary Program Benefits Leave Program Benefits Program Personnel Support Services Program Victim Witness Services/Line of Duty Death Clothing and Equipment Employee Assistance Program Employee Identification Conditions of Work 22.3.1 22.3.2 22.3.3 22.3.4 22.3.5 24.0 24.1 24.1.1 24.1.2 25.0 25.1 25.1.1 25.1.2 25.1.3 26.0 26.1 26.1.1 26.1.2 26.1.3 26.1.4 26.1.5 26.1.6 26.1.7 26.1.8 31.0 31.1 31.1.1 31.1.2 31.2 31.2.1 31.2.2 31.2.3 31.3 31.3.1 31.3.2 Physical Examinations General Health and Physical Fitness Fitness and Wellness Program Off-Duty Employment Extra-Duty Employment Collective Bargaining Collective Bargaining and Contract Management Agency Role Ratification Responsibilities Grievance Procedures Grievance Procedures Grievance Procedures Coordination/Control of Records Annual Analysis Disciplinary Procedures Disciplinary Procedures Code of Conduct and Appearance Employee Awards Sexual Harassment Disciplinary System Role and Authority of Supervisors Appeal Procedures Dismissal Procedures Records Recruitment Administrative Practices and Procedures Agency Participation Assignment/Recruitment Equal Employment Opportunity and Recruitment Work Force Analysis Recruitment Plan Equal Employment Opportunity Plan Job Announcements and Publicity Job Announcements Posting Locations 31.3.3 31.3.4 32.0 32.1 32.1.1 32.1.2 32.1.3 32.1.4 32.1.5 32.1.6 32.1.7 32.2 32.2.1 32.2.2 32.2.3 32.2.4 32.2.5 32.2.6 32.2.7 32.2.8 32.2.9 32.2.10 33.0 33.1 33.1.1 33.1.2 33.1.3 33.1.4 33.1.5 33.1.6 33.1.7 33.2 33.2.1 33.2.2 33.2.3 33.2.4 33.3 33.3.1 Maintaining Applicant Contact Application Rejection Selection Professional and Legal Requirements Selection Process Described Job Relatedness Uniform Administration Candidate Information Notification of Ineligibility Records Selection Material Security Administrative Practices and Procedures Background Investigations Training Records Retention Polygraph Examinations Conducted by Trained Personnel Use of Results Medical Examinations Emotional Stability/Psychological Fitness Examinations Records Retention Entry Level Probation Training and Career Development Administration Training Committee Attendance Requirements Outside Training Reimbursement Lesson Plan Requirements Remedial Training Employee Training Record Maintenance Training Class Records Maintenance Academy Academy Administration and Operation Academy Facilities Outside Academy, Role Outside Academy, Agency Specific Training Training Instructors Instructor Training 33.4 33.4.1 33.4.2 33.4.3 33.5 33.5.1 33.5.2 33.5.3 33.5.4 33.6 33.6.1 33.6.2 33.7 33.7.1 33.7.2 33.8 33.8.1 33.8.2 33.8.3 34.0 34.1 34.1.1 34.1.2 34.1.3 34.1.4 34.1.5 34.1.6 34.1.7 35.0 35.1 35.1.1 35.1.2 35.1.3 35.1.4 35.1.5 35.1.6 Recruit Training Entry Level Training Required Recruit Training Program Field Training Program In-Service, Shift Briefing, and Advanced Training Annual Retraining Program Shift Briefing Training Accreditation Training Accreditation Manager Training Specialized In-Service Training Specialized Training Tactical Team Training Program Civilian Training Civilian Orientation Civilian Pre-Service and In-Service Training Career Development Career Development Personnel Training Skill Development Training Upon Promotion Career Development Program Promotion Professional and Legal Requirements Agency Role Authority and Responsibility Promotional Process Described Job Relatedness Promotional Announcement Eligibility Lists Promotional Probation Performance Evaluation Administration Performance Evaluation System Annual Evaluation Quarterly Evaluation of Probationary Employees Evaluation Criteria Evaluation Period Unsatisfactory Performance 35.1.7 35.1.8 35.1.9 41.0 41.1 41.1.1 41.1.2 41.1.3 41.1.4 41.2 41.2.1 41.2.2 41.2.3 41.2.4 41.2.5 41.2.6 41.2.7 41.3 41.3.1 41.3.2 41.3.3 41.3.4 41.3.5 41.3.6 41.3.7 41.3.8 42.0 42.1 42.1.1 42.1.2 42.1.3 42.1.4 42.1.5 42.1.6 42.2 42.2.1 42.2.2 42.2.3 Employee Counseling Rater Evaluation Personnel Early Warning System Patrol Administration Shift/Beat Assignment Shift Briefing Special-Purpose Vehicles Agency Animals Operations Responding Procedures Pursuit of Motor Vehicles Roadblocks and Forcible Stopping Notification Procedures Missing Persons Missing Children Mental Illness Equipment Patrol Vehicles Lights,Sirens Equipment Specification/Replenishment Occupant Safety Restraints Authorized Personal Equipment Protective Vests Protective Vests/Pre-Planned, High Risk Situations Mobile Data Access In-Car Audio/Video Criminal Investigation Administration On-Call Schedule Case-Screening System Case File Management Accountability, Preliminary/Follow-Up Investigations Habitual/Serious Offenders Criminal Intelligence Operations Preliminary Investigations Steps Follow-Up Investigations Steps Investigative Checklists 42.2.4 42.2.5 42.2.6 42.2.7 42.2.8 42.2.9 42.2.10 42.2.11 42.2.12 43.0 43.1 43.1.1 43.1.2 43.1.3 43.1.4 43.1.5 44.0 44.1 44.1.1 44.1.2 44.1.3 44.2 44.2.1 44.2.2 44.2.3 44.2.4 44.2.5 Patrol Shift Briefing Attendance Investigative Task Forces Polygraph Examinations Informants Identity Crimes Cold Cases Interview Rooms Line-ups Show-ups Vice, Drugs, and Organized Crime Administration and Operations Complaint Management Records, Storage and Security Confidential Funds Equipment, Authorization and Control Covert Operations Juvenile Operations Administration Juvenile Operations Policy Policy Input, Others Annual Program Review Operations Handling Offenders Procedures for Custody Custodial Interrogation School Liaison Program Community Recreation Programs 45.0 Crime Prevention and Community Involvement 45.1 Crime Prevention 45.1.1 45.1.2 45.1.3 45.2 45.2.1 45.2.2 45.2.3 45.2.4 Activities Organizing Prevention Groups Prevention Input Community Involvement Activities Quarterly Progress Report Procedures for Transmitting Information Citizens Survey 45.2.5 46.0 46.1 46.1.1 46.1.2 46.1.3 46.1.4 46.1.5 46.1.6 46.1.7 46.1.8 46.1.9 46.2 46.2.1 46.2.2 46.2.3 46.2.4 46.2.5 46.2.6 46.2.7 46.3 46.3.1 46.3.2 46.3.3 46.3.4 52.0 52.1 52.1.1 52.1.2 52.1.3 52.1.4 52.1.5 52.2 52.2.1 52.2.2 52.2.3 52.2.4 52.2.5 Survey Summary to CEO Critical Incidents, Special Operations, and Homeland Security Critical Incidents Planning Responsibility All Hazard Plan Command Function Operations Function Planning Function Logistics Function Finance/Administration Function Equipment Inspection Annual Training Special Operations Special Operations Activities Tactical Team Selection Tactical Team Equipment Hostage Negotiator Selection Search and Rescue VIP Security Plan Special Events Plan Homeland Security Liaison with other Organizations Terrorism Related Intelligence Providing Awareness Information Hazmat Awareness Internal Affairs Organizational Integrity Complaint Investigation Records, Maintenance and Security CEO, Direct Accessibility Complaint Registering Procedures Annual Summaries; Public Availability Complaint Procedures Complaint Types CEO, Notification Investigation Time Limits Informing Complainant Statement of Allegations/Rights 52.2.6 52.2.7 52.2.8 53.0 53.1 53.1.1 53.2 53.2.1 54.0 54.1 54.1.1 54.1.2 54.1.3 55.0 55.1 55.1.1 55.1.2 55.1.3 55.2 55.2.1 55.2.2 55.2.3 55.2.4 55.2.5 55.2.6 61.0 61.1 61.1.1 61.1.2 61.1.3 61.1.4 61.1.5 61.1.6 61.1.7 61.1.8 Submission to Tests, Procedures Relieved from Duty Conclusion of Fact Inspectional Services Line Inspections Procedures Staff Inspections Procedures Public Information Public Information Activities Policy Input News Media Access Victim/Witness Assistance Administration Summary of Rights Analysis, Need/Services Policy/Procedure Development Operations Initial Assistance Assistance, Threats Assistance, Preliminary Investigation Assistance, Follow-Up Investigation Assistance, Suspect Arrest Next-of-Kin Notification Traffic Traffic Enforcement Selective Enforcement Activities Uniform Enforcement Procedures Violator Procedures Informing The Violator Uniform Enforcement Policies Enforcement Practices Stopping/Approaching Officer-Violator Relations 61.1.9 61.1.10 61.1.11 61.1.12 61.1.13 61.2 61.2.1 61.2.2 61.2.3 61.2.4 61.3 61.3.1 61.3.2 61.3.3 61.3.4 61.3.5 61.3.6 61.4 61.4.1 61.4.2 61.4.3 61.4.4 70.0 70.1 70.1.1 70.1.2 70.1.3 70.1.4 70.1.5 70.1.6 70.1.7 70.1.8 70.2 70.2.1 70.3 70.3.1 70.3.2 70.3.3 Speed-Measuring Devices Alcohol Enforcement Program DUI Procedures License Reexamination Referrals Parking Enforcement Traffic Collision Investigation Reporting and Investigation Collision Scene Responses Collision Scene Duties Follow-Up Investigations Traffic Direction and Control Traffic Engineering Direction/Control Procedures Escorts Adult School Crossing Guards Student Safety Patrol Program Local/Region Planning Committees Ancillary Services Assistance, Highway Users Hazardous Highway Conditions Towing Traffic Safety Materials Detainee Transportation Transport Operations Pre-Transport Prisoner Searches Searching Transport Vehicles Procedures, Transporting by Vehicle Interruption of Transport Prisoner Communication Procedures, Transport Destination Procedures, Escape Notify Court of Security Hazard Restraining Devices Prisoner Restraint Requirement Special Transport Situations Sick, Injured, Disabled Hospital Security and Control Special Situations 70.4 70.4.1 70.4.2 70.5 70.5.1 71.0 71.1 71.1.1 71.2 71.2.1 71.3 71.3.1 71.3.2 71.3.3 71.4 71.4.1 71.4.2 71.4.3 71.5 71.5.1 72.0 72.1 72.1.1 72.1.2 72.1.3 72.2 72.2.1 72.3 72.3.1 72.3.2 72.3.3 72.4 Transport Equipment Vehicle Safety Barriers Rear Compartment Modifications Documentation Prisoner ID and Documentation Processing and Temporary Detention Authorization Designate Rooms or Areas Training Training of Personnel Detainee Processing and Control Procedures Immovable Objects Security Temporary Detention Facility Conditions Physical Conditions Fire Prevention/Suppression Inspections Processing and Testing Security Concerns in Designated Processing or Testing Rooms/Areas Holding Facility Organization, Administration, and Management Training User Personnel Access, Nonessential Persons Records Security Physical Plant Minimum Conditions Safety and Sanitation Fire, Heat, Smoke Detection System, Inspections Posted Evacuation Plan Weekly Sanitation Inspection Security and Control 72.4.1 72.4.2 72.4.3 72.4.4 72.4.5 72.4.6 72.4.7 72.4.8 72.4.9 72.4.10. 72.4.11 72.5 72.5.1 72.5.2 72.5.3 72.5.4 72.5.5 72.5.6 72.5.7 72.6 72.6.1 72.6.2 72.6.3 72.6.4 72.6.5 72.7 72.7.1 72.8 72.8.1 72.8.2 72.8.3 72.8.4 72.8.5 73.0 73.1 73.1.1 73.2 73.2.1 Securing Firearms Entering Occupied Cells Key Control Facility Door Security Security Checks Security Inspections Tool and Culinary Equipment Alerting Control Point Panic Alarms Procedures, Escape Report, Threats to Facility Detainee Processing Detainee Searches Intake Forms Sight and Sound Separation Segregation Procedure, Outside Detainees Procedure, Exceeding Capacity Identification, Released Detainees Medical and Health Care Services Procedure, Medical Assistance First Aid Kit Receiving-Screening Information Posted Access to Medical Service Dispensing Pharmaceuticals Detainee Rights Procedure, Detainee Rights Supervision of Detainees 24-Hour Supervision Audio/Visual Surveillance Supervision, Opposite Sex Receiving Mail/Packages Visiting Court Security Administration Role, Authority, Policies Operations Facilities, Equipment, Security Survey 73.3 73.3.1 73.3.2 73.4 73.4.1 73.4.2 73.4.3 73.5 73.5.1 73.5.2 73.5.3 73.5.4 73.5.5 73.5.6 73.5.7 73.5.8 73.5.9 73.5.10 73.5.11 73.5.12 73.5.13 73.5.14 73.5.15 73.5.16 73.5.17 73.5.18 73.5.19 73.5.20 73.5.21 73.5.22 73.5.23 73.5.24 74.0 74.1 74.1.1 74.1.2 74.1.3 74.2 74.2.1 Security Policy and Procedures Weapon Lockboxes Use of Restraints Equipment Identification, Availability, Operational Readiness External Communications Duress Alarms Court Holding Facilities Training Detainee Searches Detainee Property Security Segregation Procedure for Medical Assistance First Aid Kit Access of Nonessential Persons Minimum Conditions Fire Alarm System Evacuation Plan Sanitation Inspection Securing Firearms Entering Occupied Cells Key Control Facility Door Security Security Checks Security Inspections Designated Control Point Panic Alarms Escape Procedures Report of Threats to Facility Posted Access to Medical Service Audio/Visual Surveillance Supervision of Opposite Sex Legal Process Records Information, Recording Execution/Attempt Service, Recording Warrant/Wanted Person Procedures Civil Process Procedure, Civil Service 74.3 74.3.1 74.3.2 81.0 81.1 81.1.1 81.1.2 81.2 81.2.1 81.2.2 81.2.3 81.2.4 81.2.5 81.2.6 81.2.7 81.2.8 81.2.9 81.2.10 81.2.11 81.2.12 81.2.13 81.2.14 81.3 81.3.1 81.3.2 81.3.3 81.3.4 82.0 82.1 82.1.1 82.1.2 82.1.3 82.1.4 82.1.5 82.1.6 82.1.7 82.2 Criminal Process Procedure, Criminal Process Arrest Warrants Require Sworn Service Communications Administration Agreements, Shared/Regional Facility Operations Meet FCC Requirements Operations 24 Hour, Toll-Free Service Continuous, Two-Way Capability Recording Information Radio Communications Procedures Access to Resources Victim/Witness Calls Victim/Witness Requests for Information Recording and Playback Local/State/Federal CJI Systems Alternative Methods of Communication Emergency Messages Misdirected Emergency Calls Private Security Alarms First Aid Over Phone Facilities and Equipment Communications Center Security Alternate Power Source Telephone System Mobile/Portable Radios Central Records Administration Privacy and Security Juvenile Records Records Retention Schedule UCR/NIBRS Report Accounting System Computer File Backup and Storage Computerized Security Protocol Field Reporting and Management 82.2.1 82.2.2 82.2.3 82.2.4 82.2.5 82.3 82.3.1 82.3.2 82.3.3 82.3.4 82.3.5 82.3.6 83.0 83.1 83.1.1 83.2 83.2.1 83.2.2 83.2.3 83.2.4 83.2.5 83.2.6 83.2.7 83.3 83.3.1 83.3.2 84.0 84.1 84.1.1 84.1.2 84.1.3 84.1.4 84.1.5 84.1.6 84.1.7 84.1.8 Field Reporting System Reporting Requirements Case Numbering System Report Distribution Reports by Phone, Mail or Internet Records Master Name Index Index File Traffic Records System Traffic Citation Maintenance Operational Component Record ID Number and Criminal History Collection and Preservation of Evidence Administration 24 Hour Availability Operations Guidelines and Procedures Photography and Video Tapes Fingerprinting Equipment and Supplies Procedures, Seizure of Computer Equipment Report Preparation DNA Evidence Collection Evidence Handling Collecting from Known Source Evidence, Laboratory Submission Property and Evidence Control Administration and Operation Evidence/Property Control System Storage and Security Temporary Security Security of Controlled Substances, Weapons for Training Records, Status of Property Inspections and Reports Final Disposition Property Acquired through the Civil Process Change Notice No. 2.3: Recognition Standards for Law Enforcement Agencies Amendments Enacted by the Commission on July 25, 2008 Background This is the third change notice for the Recognition Standards for Law Enforcement Agencies – 2nd Edition, which was published July 2006. Change notices shall be numbered by the Edition, followed by a decimal point and the sequential number of the change to that edition. Change notices are an essential component of the standards for law enforcement; they help ensure these standards continue to reflect the best and most up-to-date information the profession can offer. For the purpose of record, Change Notice 2.1 and Change Notice 2.2 were previously sent to all client agencies and the changes are outlined on the reverse side of this notice. The loose-leaf pages that accompanied Change Notice 1.1 bear the dates July 2006 and November 2006 and Change Notice 2.1 bear the dates July 2007, November 2007, and March 2008. Standards Amendments and Other Revisions Accompanying This Change Notice Table of Contents: New Standards. Standard 33.5.4: Language change. Introduction to Chapter 42: Added paragraph 3. Standard 42.1.6: Revised. Standard 71.1.1: New Standard. Standard 71.5.1: New Standard. Appendix H: STANDARD TITLES H-10 – 46.3.4 changed to Hazemat Awareness. H-16 – 81.2.14 moved to 82.2.5 (H-17). H-16 – 81.2.15 changed to 81.2.14. The following corrections to typographical errors in the original publication are also made as part of this change notice: APPENDIX G: File Construction and Documentation - now refers to 42.2.4, not 42.2.6, page G-3. Index-4: Employee Assistance Program (EAP) changed to 22.2.6. Where to Insert This Notice and Accompanying Pages Insert this notice immediately behind the front cover of the Standards Manual. Insert the accompanying loose-leaf pages as indicated by their respective page numbers and discard the old, correspondingly numbered pages. The new pages carry more recent dates than do those being replaced. Change Notice 2.1 (January 2007) Standard 22.2.7: Standard and Commentary language were changed. Standard 71.3.3: Changed language for bullet a and added commentary language. Chapter 72 Introduction: Language change. APPENDIX A: GLOSSARY – Added new term – Demonstrated Proficiency. APPENDIX B: GUIDING PRINCIPLES FOR AGENCIES AND ASSESSORS – Language change to 4.3. Change Notice 2.2 (March 2008) Standard 16.3.3: Addition of Commission Interpretation. Standard 25.1.3: Language and Levels of Compliance changes. Standard 35.1.2: Language change. Standard 42.2.8: Language change. Chapter 45 Introduction: Language change. Standard 46.3.4: Language change. Standard 52.1.5: Levels of Compliance change. Chapter 71 Introduction: Language change to Introduction. Standard 71.3.3: Language change. Standard 71.4.1: Language change. Standard 71.4.2: Language change. Standard 71.4.3: Language change. Subsection 71.5 Processing and Testing: New. Standard 71.5.1: New. Standard 81.2.10: Language change. Standard 81.2.14: Moved to Standard 82.2.5. Standard 81.2.15: Renumbered to Standard 81.2.14. Standard 84.1.6: Commentary Language change. APPENDIX A: GLOSSARY- Added new terms – AMBER Alert and Constant Supervision. Language change to Temporary Detention. APPENDIX G: FILE CONSTRUCTION AND DOCUMENTATION - Deleted reference to Panel Presentations. 41.2.2 Motor Vehicle Pursuits 41.2.3 Roadblocks and Forcible Stopping 41.2.5 Adult Missing Persons 41.2.6 Missing and Exploited Children 41.2.7 Dealing with the Mentally Ill 41.3 Equipment 41.3.5 Body Armor Availability 41.3.6 Body Armor Use (Hi-Risk) CHAPTER 42 41-2 41-3 41-4 41-4 41-4 41-5 41-6 41-6 CRIMINAL INVESTIGATION 42.1 Administration 42.1.3 Case File Management 42.2 Operations 42.2.7 Confidential Informants 42.2.10 Interview Rooms CHAPTER 43 42-1 42-2 42-4 42-6 42-7 VICE, DRUGS, AND ORGANIZED CRIME 43.1 Administration and Operations 43.1.1 Procedures for Investigation 43.1.5 Surveillance Operations CHAPTER 44 43-1 43-1 43-2 JUVENILE OPERATIONS 44.1 Administration 44.2 Operations 44.2.2 Juvenile Detainee 44.2.3 Custodial Interrogation of Juveniles CHAPTER 45 44-2 44-2 44-3 44-4 CRIME PREVENTION AND COMMUNITY INVOLVEMENT 45.1 Crime Prevention 45.2 Community Involvement CHAPTER 46 45-2 45-3 CRITICAL INCIDENTS, SPECIAL OPERATIONS AND HOMELAND SECURITY 46.1 Critical Incidents 46.1.2 All Hazard Plans 46.1.3 Command Function 46.1.4 Operations Function 46.1.5 Planning Function 46.1.6 Logistics Function 46.1.7 Finance/Administration Function 46.2 Special Operations 46.3 Homeland Security 46.3.4 CBRN Level Awareness Guidelines RSLEA Copyright © 2006 CALEA xi 46-2 46-2 46-2 46-2 46-3 46-3 46-3 46-4 46-6 46-6 July 2006 July 2008 CHAPTERS 51-55 OPERATIONS SUPPORT CHAPTER 51 [Reserved] CHAPTER 52 INTERNAL AFFAIRS 52.1 Organizational Integrity 52.1.1 Departmental Complaints Investigation 52.1.2 Maintenance of Complaint Records 52.2 Complaint Procedures CHAPTER 53 52-1 52-1 52-1 52-2 INSPECTIONAL SERVICES 53.1 Line Inspections 53.2 Staff Inspections CHAPTER 54 53-2 53-2 PUBLIC INFORMATION 54.1 Public Information 54.1.3 Media Access CHAPTER 55 54-1 54-2 VICTIM/WITNESS ASSISTANCE 55.1 Administration 55.2 Operations 55-2 55-3 CHAPTER 61 TRAFFIC OPERATIONS CHAPTER 61 TRAFFIC 61.1 Traffic 61.1.2 61.1.3 61.1.5 61.1.7 Enforcement Procedures – Traffic Enforcement Traffic Law Violations Uniform Enforcement Policies Procedures – Motorist Stops 61-2 61-2 61-3 61-3 61-4 61.2 Traffic Collision Investigation 61.3 Traffic Direction and Control 61.3.2 Procedures – Traffic Direction 61.4 Ancillary Services 61-6 61-8 61-9 61-10 CHAPTERS 70-74 DETAINEE AND COURT-RELATED ACTIVITIES CHAPTER 70 DETAINEE TRANSPORTATION 70.1 Transport Operations 70.1.1 Search of Detainee July 2006 xii 70-1 70-1 RSLEA Copyright © 2006 CALEA 70.1.2 Search of Vehicle Prior to Transport 70.2 Restraining Devices 70.2.1 Restraining Devices 70.3 Special Transport Situations 70.4 Transport Equipment 70.4.2 Rear Compartment Modifications 70.5 Documentation CHAPTER 71 PROCESSING AND TEMPORARY DETENTION 71.1 Authorization 71.1.1 Designate Rooms or Areas 71.2 Training 71.2.1 Initial and Retraining 71.3 Detainee Processing and Control 71.3.1 Procedures - Temporary Detention 71.3.3 Security Concerns 71.4 Temporary Detention Facility Conditions 71.4.2 Fire Prevention 71.4.3 Inspections and Administrative Review 71.5 Processing and Testing 71.5.1 Security Concerns in Designated Processing or Testing Rooms/Areas CHAPTER 72 71-4 Organization, Administration, and Management Physical Plant Safety and Sanitation Security and Control Detainee Processing Medical and Health Care Services Detainee Rights Supervision of Detainees 72-1 72-2 72-2 72-3 72-4 72-6 72-7 72-8 COURT SECURITY 73.1 73.2 73.3 73.4 73.5 CHAPTER 74 71-2 71-2 71-2 71-2 71-3 71-3 71-3 71-4 71-4 71-4 71-4 HOLDING FACILITY 72.1 72.2 72.3 72.4 72.5 72.6 72.7 72.8 CHAPTER 73 70-2 70-4 70-4 70-4 70-5 70-5 70-6 Administration Operations Security Policy and Procedures Equipment Court Holding Facilities 73-1 73-2 73-2 73-3 73-4 LEGAL PROCESS 74.1 Records 74.2 Civil Process 74.3 Criminal Process RSLEA Copyright © 2006 CALEA 74-1 74-2 74-3 xiii July July2008 2006 CHAPTERS 81-84 AUXILIARY AND TECHNICAL SERVICES CHAPTER 81 COMMUNICATIONS 81.1 Administration 81.2 Operations 81.2.1 24 Hour Toll Free Voice and TDD Access 81.2.2 Two Way Communications 81.2.3 Procedures – Recording Information 81.2.4 Procedures for Communications 81.2.8 Immediate Play-Back 81.2.12 Handling of Misdirected Calls 81.2.15 Training – First-Aid Instruction 81.3 Facilities and Equipment 81.3.2 Alternative Power Source CHAPTER 82 CENTRAL RECORDS 82.1 Administration 82.1.1 Security of Records 82.1.6 Computer System Security 82.2 Field Reporting and Management 82.3 Records CHAPTER 83 82-1 82-1 82-2 82-3 82-4 COLLECTION AND PRESERVATION OF EVIDENCE 83.1 Administration 83.1.1 24 Hour Availability of Qualified Personnel 83.2 Operations 83.2.1 Guidelines and Procedures of Evidence Collection 83.3 Evidence Handling 83.3.2 Procedures for Submission to Lab CHAPTER 84 81-1 81-2 81-2 81-2 81-2 81-3 81-4 81-5 81-6 81-6 81-6 83-1 83-1 83-1 83-1 83-4 83-4 PROPERTY AND EVIDENCE CONTROL 84.1 Administration and Operations 84.1.1 Receipt of Property/Evidence 84.1.2 Secure Property/Evidence Storage 84.1.3 Secure Property/Evidence Temporary Storage 84.1.4 Security of Controlled Substances, Weapons 84.1.6 Audit and Inspections 84-1 84-1 84-2 84-3 84-3 84-3 APPENDIX A Glossary A-1 APPENDIX B Guiding Principles for Agencies and Assessors B-1 APPENDIX C Form for Raising Standards-Related Issues C-1 July 2006 xiv RSLEA Copyright © 2006 CALEA rules and regulations, with emphasis on changes; leadership; ethics and integrity, taking into consideration cultural influences, policy compliance, and doing what is correct rather than what is not illegal (see standard 26.1.1); statutory or case law affecting law enforcement operations, with emphasis on changes; the functions of agencies in the local criminal justice system; exercise of discretion in the decision to invoke the criminal justice process; interrogation and interviewing techniques; agency policy on the use of force, including the use of deadly force; emergency medical services; the performance evaluation system; emergency fire suppression techniques; new or innovative investigative or technological techniques or methods, if any; hazardous materials incidents; contingency plans, if any, including those relating to special operations and critical incidents; crime prevention policies and procedures; collection and preservation of evidence; report writing and records system procedures and requirements; and victim/witness rights, policies, and procedures. (M M M M) 33.5.2 A written directive governs shift briefing training. Commentary: Shift briefing training is a technique that may supplement all other training. Shift briefing training may be a useful element of agency training, if it is well managed and supervised. The goal of this training should be to keep officers up to date between formal retraining sessions. Agencies which do not have formal shift briefings, e.g., resident state troopers, deputy sheriffs, may accomplish the purpose of shift briefing training through other methods, to include in-car computers and other electronic means. To be useful to the agency, the shift briefing training program should be well structured and reflect the needs of the agency while being flexible enough to fit into a shift briefing setting. The written directive should include: planning for shift briefing training; techniques used in shift briefing training; relationships with the academy; instructional methods; instructional personnel; evaluation of shift briefing training; scheduling of training; and role of supervisors and officers (see standard 41.1.2). (O O O O) 33.5.3 Agency personnel shall receive information regarding the accreditation process as follows: a. to all newly hired agency personnel within thirty days after their employment begins or within thirty days after completing the recruit academy; b. to all agency personnel during the self-assessment phase associated with achieving initial accreditation; and c. to all agency personnel prior to an on-site assessment. Commentary: The intent of this standard is twofold. First, it ensures that all employees are familiar with accreditation and what it entails during the self-assessment process. Second, familiarizing new employees with the process will provide a historical perspective and emphasize the importance of accreditation to the organization. It is recommended that familiarization include the history and background of accreditation and the agency’s involvement in the process, the accreditation process, the goals and objectives of accreditation, and the advantages of accreditation and its impact on the agency. Familiarization may be achieved by such means as classroom instruction, newsletter, memo, and periodic attendance by command staff at conferences of the Commission on Accreditation for Law Enforcement Agencies, Inc. (M M M M) RSLEA Copyright © 2006 CALEA 33-7 July 2006 33.5.4 A written directive requires agency employees assigned to the position of accreditation manager shall receive specialized accreditation manager training within one year of being appointed. Commentary: The role of accreditation manager is very specialized and requires familiarization with the accreditation process. At a minimum, the training should include information on the essential components of the process, the standards manual, and file maintenance. The individual selected as accreditation manager should attend at least one CALEA Conference during the self-assessment period or current award period. Agencies are urged to join and participate in Police Accreditation Coalition (PAC’s) within their state or province. (O O O O) 33.6 Specialized In-Service Training 33.6.1 A written directive identifies the assignments for which specialized training is required, and includes the following: a. a description of the required training; and b. retraining requirements, if any. Commentary: The agency should identify all of the functions for which both pre- and post-assignment specialized training is required. Specialized training includes supervised on-the-job training provided by the agency, training mandated by governmental authority such as training for certification as a breathalyzer operator, and training deemed necessary by the agency for the development and enhancement of the skills, knowledge, and abilities particular to the specialization, such as motorcycle units or marine patrol. Persons responsible for crime scene processing should receive specialized criminalistics training commensurate with their duties and responsibilities. For example, DNA evidence should be collected only by persons appropriately trained. The supervision and management of specialized functions includes responsibility for ensuring that persons assigned to the function receive adequate training and support services. (M M M M) 33.6.2 If the agency participates in a tactical team, the agency requires that all personnel assigned to the team engage in training and readiness exercises. Commentary: The purpose of this standard is to ensure that tactical team members have ample opportunity to practice their special skills and develop their abilities to function effectively as a team. This is necessary because many skills are perishable and should be exercised to build and maintain proficiency. Operational simulations should be included in the training program, and if the agency also has a separate hostage negotiation team, its personnel should be required to train periodically with the tactical team. All tactical training must be documented and the records retained pursuant to standard 33.1.6. (M M M M) July2006 2008 July 33-8 RSLEA Copyright © 2006 CALEA 42 CRIMINAL INVESTIGATION Standards in this chapter relate to the criminal investigation function as performed by both uniformed officers and officers specializing in investigations. The standards reflect the perspective that agencies have discretion in determining the degree of specialization necessary to accomplish this function. The standards provide for administrative and operational programs that should result in efficient and effective criminal investigations. This approach does not direct the agency’s investigative functions in each specific crime category, such as homicide, rape, robbery, etc., but rather identifies those elements common to every investigation. In this post-9/11 environment, law enforcement agencies at all levels recognize that they have a stake in the international law enforcement criminal intelligence effort, in addition to their crime-fighting responsibilities in their communities. The criminal intelligence function within each agency will provide the ability to gather, analyze, protect, and share credible and timely information. It will also provide intelligence to identify, investigate, prevent, deter, and defeat criminal and terrorist activities, both domestically and internationally, as well as protect the security of our homeland and preserve the rights and freedoms of our citizens. Standards in this chapter are closely related to topical areas addressed in other chapters, including Vice, Drugs, and Organized Crime (Chapter 43), Juvenile Operations (Chapter 44), and Collection and Preservation of Evidence (Chapter 83). Agencies have several options here. Some may treat these functions independently or combine them according to their individual needs. Other agencies, particularly smaller ones, may assign all of these responsibilities to the criminal investigation function. Once functional responsibility is assigned, applicability of standards can be determined. 42.1 Administration 42.1.1 The criminal investigation function provides 24-hour service capabilities. Commentary: In agencies in which investigators are not assigned to duty shifts throughout a 24-hour period or on weekends, the criminal investigation function should establish an on-call investigator duty roster, which is furnished to the communications center and the commander of the patrol force. (M M M M) 42.1.2 The agency uses a case-screening system and specifies the criteria for continuing and/or suspending an investigative effort. RSLEA Copyright © 2006 CALEA 42-1 July 2008 Commentary: The objective of case screening is to assign available personnel to those investigations that have the best chance of being resolved. The written directive should specify how such screening is to be conducted, by whom, and what criteria (solvability factors) should be used. Screening of preliminary investigative information should assist in the decision on whether a follow-up investigation should be made. The decision about the extent of follow-up or the suspension of investigative efforts should be made at a management level. Adherence to this standard should provide law enforcement administrators with improved management control over the productivity of investigations. Decision-making involves the continued application of solvability and degree-of-seriousness factors plus operational input from periodic reporting by investigators on the progress of assigned cases. Suspension criteria may include lack of further leads or solvability factors, unavailability of investigative resources, and/or insufficient degree of seriousness. Unsolved homicides and other serious crimes deserve consideration for cold case investigative efforts. Cold case investigations can increase the agency’s success rate, often with minimal resources. Larger agencies may staff a full-time cold case investigation unit for this purpose. Cases requiring specialized skills, knowledge, or ability should be assigned to those personnel having that expertise. This does not preclude others from assisting but should discourage the perfunctory assignment of personnel based on a rotation or other criteria-free system. A practice of assigning a single person as the “principal investigator” for each case is encouraged. This, too, does not preclude the assignment of more than one person to an investigation but is designed to place accountability for each case. (O O O O) 42.1.3 A written directive establishes a system of case file management for the criminal investigation function, to include: a. b. c. d. e. a case status control system; administrative designators for each case; types of records to be maintained; accessibility to the files; and procedures for purging files. Commentary: A system for case status control should be established to specify information that should be recorded for each case, such as investigator assigned, date assigned, case number, and report due date. Administrative designations such as “open,” “suspended,” and “closed” are also recommended for assisting internal case management and control. Case files should be maintained on all cases in which investigative activities are ongoing. The case files provide an immediate information resource to investigators. The case files should contain a copy of preliminary investigative reports (all originals should be maintained in central records), records of statements, results of examinations of physical evidence, case status reports, and other reports and records needed for investigative purposes. These files should be consolidated into the central records system when the case is suspended or closed. (M M M M) July 2008 42-2 RSLEA Copyright © 2006 CALEA 42.1.4 A written directive specifies accountability for conducting preliminary and follow-up criminal investigations. Commentary: To assign responsibility and to establish investigative continuity, a written directive should define which element of the agency is to accomplish the preliminary and/or follow-up investigation for various categories of incidents. (O O O O) 42.1.5 A written directive requires the following: a. specification of criteria designating certain individuals as habitual/serious offenders; b. identification of all cases in which a designated habitual/serious offender is a party; and c. notification to the prosecuting agency of such cases. Commentary: The directive should propose a process for identifying cases in which habitual or serious offenders play a role and for establishing criteria for handling such cases. Liaison with the prosecutor’s office is very important in ensuring the success of a coordinated career criminal approach. (O O O O) 42.1.6 A written directive addresses the collection, processing, and sharing of suspicious incidents and criminal intelligence relating to criminal and homeland security activities (including information detailed in 43.1.1 and 46.3.2) with appropriate entities, to include: a. b. c. d. e. f. g. h. i. a description of the function; the responsibilities of all agency personnel; training of personnel; procedures for safeguarding, securing, and storing information; procedures for ensuring that information collected is limited to criminal conduct or relates to activities that present a potential threat to the jurisdiction; legal and privacy requirements; documentation, reporting, and dissemination of information; procedures for purging out-of-date or incorrect information; and an annual review of procedures and processes. Commentary: The intent of this standard is to document agency accountability for the collection and sharing of suspicious incidents and criminal intelligence information. Intelligence-gathering activities are important in all agencies. All agencies, regardless of size, must have a criminal intelligence function. The need to develop and share information and criminal intelligence across all levels of government is imperative. Each agency has a stake in the development and exchange of suspicious incidents, information, and criminal intelligence. Law enforcement agencies should operate under specific guidelines to ensure that no abuses occur. The sensitive nature of criminal intelligence files requires that they be maintained separately from other agency records to prevent compromise and protect the integrity of the file system. If the intelligence function is performed by an individual with other responsibilities (e.g., CEO, deputy chief) or as an activity of a larger function (criminal investigations), the separation and security intentions of this stan- RSLEA Copyright © 2006 CALEA 42-3 July 2008 dard still apply. It is recommended that agencies utilize file procedures (i.e., Law Enforcement Intelligence Unit [LEIU] Criminal Intelligence File Guidelines) as a check and balance against inappropriate activities. The collection/submission, access, storage, and dissemination of criminal intelligence information must respect the privacy and constitutional rights of individuals, groups, and organizations. Law enforcement personnel should be trained and encouraged to document information gleaned from a variety of sources. Training should emphasize that all personnel, regardless of their jobs, have a role in criminal intelligence and the sharing of information. Training can range from roll-call to more advanced training and is frequently available at little or no agency cost. The National Criminal Intelligence Sharing Plan (NCISP) identifies a wide array of suggested accountability mechanisms, such as periodic review by management on decision making throughout the criminal intelligence function; audit trails within criminal intelligence processes and computer systems; staff surveys and questionnaires; effective training on department policies, procedures, and professional criminal intelligence practices; and periodic audits of criminal intelligence operations and files. Agencies should leverage a number of resources, including existing information sharing initiatives—such as INTERPOL, the Homeland Security Information Network (HSIN), the Regional Information Sharing Systems (RISS), and Law Enforcement Online (LEO)—and reference materials such as Fusion Center Guidelines: Law Enforcement Intelligence, Public Safety, and the Private Sector, LEIU Criminal Intelligence File Guidelines, the Justice Information Privacy Guideline document, and the NCISP. (M M M M) 42.2 Operations 42.2.1 A written directive establishes steps to be followed in conducting preliminary investigations, to include: a. b. c. d. observing all conditions, events, and remarks; locating and identifying witnesses; maintaining and protecting the crime scene and arranging for the collection of evidence; and interviewing the complainant, witnesses, and suspects. Commentary: A properly conducted and documented preliminary investigation may be sufficient to bring the case to a satisfactory conclusion, thus obviating the need for a follow-up investigation. The investigation usually includes the following tasks: (1) providing aid to the injured; (2) protecting the crime scene to ensure that evidence is not lost or contaminated; (3) determining whether an offense has actually been committed and, if so, the exact nature of the offense; (4) determining the identity of the suspect or suspects and effecting an arrest if it can be accomplished either at the scene or through immediate pursuit; (5) furnishing other field units, through the communications system, descriptions, method, and direction of flight, and other relevant information concerning wanted persons or vehicles; (6) obtaining complete identification of all witnesses; (7) determining what information is known by the victims and witnesses; (8) arranging for the collection of evidence; (9) determining in detail the exact circumstances of the offense; (10) obtaining written statements from victims, witnesses, and if legally possible, from the suspect; and (11) accurately and completely recording all pertinent information on July 2008 42-4 RSLEA Copyright © 2006 CALEA prescribed report forms. The standard is not intended to preclude the officer conducting the preliminary investigation from being assigned to the follow-up investigation. (M M M M) 42.2.2 A written directive establishes steps to be followed in conducting follow-up investigations to include, at a minimum: a. reviewing and analyzing all previous reports prepared in the preliminary phase, departmental records, and results from laboratory examinations; b. conducting additional interviews and interrogations; c. seeking additional information (from uniformed officers, informants); d. planning, organizing, conducting searches, and collecting physical evidence; e. identifying and apprehending suspects; f. determining involvement of suspects in other crimes; g. checking suspects’ criminal histories; and h. preparing cases for court presentation. Commentary: These procedures should be used only in the event they are found to be necessary. For example, every follow-up investigation may not include a search. The written directive should be intended as a guide. The investigation may include the following activities: (1) identifying and apprehending the offender; (2) collecting, preserving, analyzing, and evaluating evidence; (3) recovering stolen property; (4) interviewing victims and witnesses; (5) interrogating suspects; (6) determining in detail the exact circumstances of the offense; (7) determining if other crimes may have been committed by the suspect; (8) reporting information obtained; and (9) preparing case for court presentation. Maintaining contact with principals in any investigation is valuable in building public confidence in the agency as well as indicating that the law enforcement officers are genuinely concerned about the welfare of the victim and other citizens associated with the case. Cross-reference with 55.2.4 (Victim/Witness Assistance). (M M M M) 42.2.3 The agency provides checklists to aid in criminal investigations. Commentary: The field report, properly prepared, serves as a satisfactory checklist for most investigations. However, more complicated investigations require additional efforts, and checklists aid in ensuring that critical areas of investigation are not overlooked. (O O O O) 42.2.4 The agency has a system that provides for periodic attendance of criminal investigators at shift briefings conducted for patrol officers. Commentary: Joint shift briefings conducted for patrol and criminal investigative personnel should enhance relationships between these entities and provide for the exchange of information. (N/A O O O) 42.2.5 If agency personnel participate in formal, long term, multi-jurisdictional investigative task force(s), a written directive describes the task force activities, to include: a. the purpose; b. defining authority, responsibilities, and written agreements; and c. evaluating results and the need for continued operation(s). RSLEA Copyright © 2006 CALEA 42-5 July 2008 Commentary: The directive may be a product of the task force or the participating agency. The criteria for the use of task forces should be specified in the directive. The kinds of offenses for which they should be used and the procedures for control and evaluation should be outlined. (M M M M) 42.2.6 If technical aids for the detection of deception are used, a written directive governs their use in criminal investigations. Examiners must be graduates of institutions providing training for this purpose. Commentary: The written directive should govern the use of such devices as polygraphs, voice stress analyzer, and other detection of deception equipment. The directive should also specify those persons who may be authorized to use the equipment and the conditions under which it may be used. Adherence to this standard ensures a uniform training base for all operators of technical aids for detection of deception. (M M M M) 42.2.7 A written directive specifies the procedures to be followed when using confidential informants, to include: a. inclusion of informants in a master file; b. content of the informant file, to include biographical and background information, criminal history record, if any, and code name or number of each informant; c. maintenance and security of informant file and related codes; d. other methods to protect the identity of informants; e. criteria for paying informants, if applicable; f. precautions to be taken with informants, generally; and g. special precautions to be taken with juvenile informants. Commentary: The use of confidential informants is important to the satisfactory completion of many investigations, including patrol related investigations; drug, vice, and organized crime control functions; and intelligence functions. Procedures should be established to provide for this resource within a controlled system to avoid abuse. In some instances, agencies may promulgate policy governing use of parolees, if required by an authorizing corrections agency. If the agency does not centralize this function, then each agency function that controls and manages informants should be responsible for compliance with this standard. Investigating officers should take additional precautions when dealing with informants of the opposite sex and with informants whose sexual preferences may make an investigation more susceptible to compromise through alleged improprieties. A master file on informants should be maintained with an emphasis on security and rigid control of access. A single individual should be identified and given exclusive control over this file. The file should contain information on informants, to include their backgrounds, a record of transactions, and information on how they can be located. Coded information should be used in all transactions with informants, including pay. All funds maintained and used for informants should comply with all procedures in Chapter 17. Agencies outside the United States should contact CALEA staff for special interpretation of this standard as it relates to the differences in defining the terms “informants” and “agents.” (M M M M) July 2008 42-6 RSLEA Copyright © 2006 CALEA 42.2.8 The agency has a written directive concerning identity crime and procedures for: a. b. c. d. e. taking identity crime reports; specialized report forms, if any; providing information and assistance to identity crime victims; coordination of investigations with other agencies; and providing public information on prevention of identity crime. Commentary: Identity crime costs businesses, end consumers, and individuals billions of dollars. Significant credit problems and financial loss often affect an individual for years. Identity crime has been directly linked to terrorist activities in both funding operations and obtaining documents for illegal purposes. The initial agency report information may require the use of a special form designed to obtain information unique to this crime. Information from government agencies is readily available to assist a victim in providing notices of identity theft, re-establishing their identity and credit, and for public awareness presentations. (O O O O) 42.2.9 A written directive describes the procedures for the investigation of cold case files, which includes: a. defining a cold case; b. establishing cold case evaluation criteria; and c. recording agency investigative actions or activities. Commentary: Over time the position of persons involved and other factors in the situation may change and present new opportunities for law enforcement to solve the case. With recent advances in DNA (deoxyribonucleic acid) analysis, law enforcement has made a great advancement in its ability to identify unknown offenders, even years after the crime occurred. Law enforcement agencies should have a procedure where unsolved/cold cases are reviewed for new information or where the application of new technology may be successful in solving the cases. This is particularly important with serious crimes against persons, as these offenders tend to continue to commit similar acts. (O O O O) 42.2.10 The agency has a written directive governing procedures for both uniformed and nonuniformed personnel utilizing designated rooms for interviews and interrogation, to include: a. b. c. d. e. f. weapons control; security concerns; number of personnel allowed in the interview room; means and methods for summoning assistance, if needed; equipment or items to be kept in the interview room or area; and access to restrooms, water, or comfort breaks. RSLEA Copyright © 2006 CALEA 42-7 July 2008 Commentary: For the purpose of this standard, designated rooms include polygraph rooms, voice stress analyzer rooms, and other rooms where it is likely that an interview could turn into an interrogation and arrest of a person. The intent of this standard is to establish safe conditions for the various situations that law enforcement officers may encounter when conducting interviews or interrogations at law enforcement facilities. Occasionally, however, serious conditions unexpectedly develop such as an apparently cooperative suspect becoming combative. The agency should provide clear direction for the use of the interview room to ensure safety and the admissibility of any statements made therein. Standard 42.2.1, interviews and interrogations, is concerned with techniques to enhance the development of information relating to a crime. Standard 1.2.3 addresses applicable constitutional requirements concerning interviews and interrogations including access to counsel. (M M M M) July 2008 42-8 RSLEA Copyright © 2006 CALEA 71 PROCESSING AND TEMPORARY DETENTION This chapter is applicable to situations when detainees are transported to a law enforcement facility, other than a holding facility, jail, or corrections facility, but under the control of the agency, for the purpose of processing, testing, or temporary detention. The length of time a detainee is held in temporary detention is measured in hours, not days and does not involve overnight housing or the provision of meals except in extenuating circumstances. Detainees should be kept in temporary detention areas no longer than necessary and should be monitored closely, particularly when they have not been through an intake and medical screening process as required in jails and holding facilities. For the purpose of this chapter, temporary detention requires confinement within a facility and is not referring to detention of persons in public places. A contact between a law enforcement officer and a person does not become “temporary detention” nor does the person become a “detainee” until such time as the person is in the custody of agency personnel. This chapter does not apply to the following: • • • • Detainees in a holding facility (see Chapter 72, Holding Facilities). Detainees in a courthouse or courtroom (see Chapter 73, Court Security). Detainees in a jail. Detainees in rooms designed for interviews (see Chapter 42, Criminal Investigations). Jails or other correctional institutions are not accredited as part of the Standards for Law Enforcement. The American Correctional Association (ACA) should be contacted for information concerning Standards for Adult Detention Facilities. Once temporary detention is authorized, the agency should have clear written directives and adequate training to ensure the security and safety of agency personnel, detainees, and members of the public who may be in proximity to the temporary detention areas utilized by the agency. An apparent cooperative detainee can become combative quickly and without warning. The agency should consider contingencies for such a situation. Agency written directives should describe the temporary detention area and authorize its use, specifying time limits, if any, for the activity or process. The agency should also consider other provisions, such as the likely proximity of the detainee to those responsible for the detainee’s welfare. RSLEA Copyright © 2006 CALEA 71-1 July 2006 March 2008 Constant supervision is required for processing and testing. For example, if a detainee is restrained within a booking room, it may be permissible for the person responsible for the detainee to complete paperwork in close proximity to the detainee, but unreasonable to expect that person could leave the area of the booking room without jeopardizing safety and increasing the potential for escape. Temporary detention usually involves being in close proximity with detainees, such as fingerprinting or administering breath tests or other procedures. Safety considerations such as securing weapons beforehand, how and when to secure weapons when in the presence of a detainee, and what alternative methods, if any, are available for processing unruly detainees should be considered when promulgating the agency’s written directives. The agency should also provide guidance for what to do if it appears the temporary detention time limit may be exceeded. The agency may require its personnel to document the reason for the delay, immediately transport the detainee to a more appropriate facility, or take other appropriate action. 71.1 Authorization 71.1.1 A written directive designates specific room(s) and area(s) within the law enforcement facility authorized for use for detainee processing, testing, and temporary detention. Commentary: Agencies often need to temporarily detain persons as part of the arrest and booking process or before booking them into a holding facility or jail. Daily police operations are often unpredictable, and it may be necessary to use a room, space, or area in a law enforcement facility to separate persons under arrest, maintain control, complete reports and forms, conduct tests, wait for bonding, or help relieve a temporary booking backlog. (M M M M) 71.2 Training 71.2.1 Personnel charged with monitoring temporarily detained individuals in the facility are provided initial training on the use of the temporary detention room(s) or area(s) and retraining at least once every three years. Commentary: Temporary detention occurring outside the confines of a facility such as a holding facility, jail, or other more secure correctional institution can involve close contact with detainees under challenging and less than ideal conditions. To reduce complacency, officer safety issues should be a priority of the agency training for both initial and retraining sessions. A cooperative detainee can quickly turn uncooperative or combative. Agency training should address the resources that are available to agency personnel during the temporary detention phase and contingencies for dealing with unruly or combative detainees. A discussion of alternative procedures, such as immediately transferring combative or uncooperative detainees to a more secure facility, or delaying necessary processing or testing until a court order can be obtained, will create a more efficient and safe environment for detainees and agency personnel. (M M M M) July July2006 2008 71-2 RSLEA Copyright © 2006 CALEA 71.3 Temporary Detention Room (s) 71.3.1 A written directive governs procedures for the following: a. documenting the reason, date and time in and out of the facility, and any meals, if any, that were provided during the detention; b. supervision and accountability for processing, searching, and temporary detention of individuals within the facility; c. securing and monitoring unattended detainees within locked spaces, if authorized; d. temporary restraint of detainees by securing them to fixed objects, if any; and e. the separation of males, females, and juveniles. Commentary: Documenting aspects of the temporary detention and meeting applicable time constraints help ensure the agency’s actions were necessary, defensible, and protect the agency from claims that a detainee was denied due process. Time limitations on temporary detention, if exceeded, should be documented with a reason for the delay. (M M M M) 71.3.2 If a detainee is to be secured to an immovable object, it will be designed and intended for such use. Commentary: This method of restraint should only be used when no other suitable method is available. Immovable objects designed for this purpose may include a bar or ring to which a handcuff can be secured. (M M M M) 71.3.3 A written directive addresses the following security concerns in designated temporary detention room(s): a. b. c. d. e. f. firearms will be secured before entering the temporary detention room; panic or duress alarms; authorized access to area and detainee, if any; escape prevention; face-to-face visual observation of unattended detainees at least every thirty minutes; and use of audio and/or video devices, if any, to monitor detainees between the thirty minute face-to-face visual observations. Commentary: Some detainees are a potential threat to themselves and agency staff, so appropriate safety precautions should be taken while maintaining legal and reasonable conditions of treatment. The use of portable radios with a designated signal and procedures for distress in the temporary detention area will suffice for panic or duress alarms. The agency should consider any other items such as knives, batons, chemical sprays, etc., it may want to exclude from the temporary detention room or areas environment when formulating its directive on the exclusion of firearms.(M M M M) RSLEA Copyright © 2006 CALEA 71-3 July 2008 2006 March 71.4 Temporary Detention Facility Conditions 71.4.1 A written directive establishes minimum physical conditions for temporary detention or room(s) and provides for access to water, restrooms, and other needs. Commentary: These comfort items are not required to be in the room, but the agency is responsible to ensure these items are provided to detainees in a timely manner. (M M M M) 71.4.2 There is a plan for fire prevention, fire evacuation, and fire suppression for the temporary detention room(s). Commentary: The standard does not require a separate plan for the individual area(s) used for temporary detention and can be part of the overall plan for the law enforcement facility. (M M M M) 71.4.3 A written directive governs the frequency of inspections of the temporary detention room(s) and provides for the administrative review of temporary detention areas and procedures at least once every three years. Commentary: Rooms utilized for temporary detention should receive regularly scheduled inspections for cleanliness and to determine if any unsafe conditions are developing. The administrative review should ensure that agency policies and procedures governing temporary detention are being followed and that the original intent for authorization and use of the facility continues to be adequate for the agency’s needs. The administrative review can also disclose more adequate arrangements for detention, such as the availability of a newly built central holding facility or jail that was not previously available or considered by the agency. (M M M M) 71.5 Processing and Testing 71.5.1 A written directive addresses the following security concerns in designated processing or testing room(s) or area(s): a. b. c. d. constant supervision; weapons control; panic or duress alarms; and escape prevention. Commentary: Some detainees are a potential threat to themselves and agency staff, so appropriate safety precautions should be taken while maintaining legal and reasonable conditions of treatment. Officer safety should always be a priority when an agency exercises discretion related to security of weapons, to include firearms. The agency should consider any other items such as knives, batons, chemical sprays, electronic controlled weapons, etc., it may want to exclude from the processing and testing environment when formulating its directive. The use of portable radios with a designated signal and procedures for distress in the processing or testing area will suffice for panic or duress alarms. (M M M M) July 2006 2008 71-4 RSLEA Copyright © 2006 CALEA 42.2.2 Follow-Up Investigations Steps 42.2.3 Investigative Checklists 42.2.4 Patrol Shift Briefing Attendance 42.2.5 Investigative Task Forces 42.2.6 Polygraph Examinations 42.2.7 Informants 42.2.8 Identity Crimes 42.2.9 Cold Cases 42.2.10 Interview Rooms 43.0 Vice, Drugs, and Organized Crime 43.1 Administration and Operations 43.1.1 43.1.2 43.1.3 43.1.4 43.1.5 Complaint Management Records, Storage and Security Confidential Funds Equipment, Authorization and Control Covert Operations 44.0 Juvenile Operations 44.1 Administration 44.1.1 44.1.2 44.1.3 Juvenile Operations Policy Policy Input, Others Annual Program Review 44.2 Operations 44.2.1 44.2.2 44.2.3 44.2.4 44.2.5 Handling Offenders Procedures for Custody Custodial Interrogation School Liaison Program Community Recreation Programs 45.0 Crime Prevention and Community Involvement 45.1 Crime Prevention 45.1.1 45.1.2 45.1.3 Activities Organizing Prevention Groups Prevention Input 45.2 Community Involvement 45.2.1 45.2.2 45.2.3 Activities Quarterly Progress Report Procedures for Transmitting Information RSLEA Copyright © 2006 CALEA H-9 July 2006 45.2.4 45.2.5 Citizens Survey Survey Summary to CEO 46.0 Critical Incidents, Special Operations, and Homeland Security 46.1 Critical Incidents 46.1.1 46.1.2 46.1.3 46.1.4 46.1.5 46.1.6 46.1.7 46.1.8 46.1.9 Planning Responsibility All Hazard Plan Command Function Operations Function Planning Function Logistics Function Finance/Administration Function Equipment Inspection Annual Training 46.2 Special Operations 46.2.1 46.2.2 46.2.3 46.2.4 46.2.5 46.2.6 46.2.7 Special Operations Activities Tactical Team Selection Tactical Team Equipment Hostage Negotiator Selection Search and Rescue VIP Security Plan Special Events Plan 46.3 Homeland Security 46.3.1 46.3.2 46.3.3 46.3.4 Liasion with other Organizations Terrorism Related Intelligence Providing Awareness Information Hazemat Awareness 52.0 Internal Affairs 52.1 Organizational Integrity 52.1.1 52.1.2 52.1.3 52.1.4 52.1.5 Complaint Investigation Records, Maintenance and Security CEO, Direct Accessibility Complaint Registering Procedures Annual Summaries; Public Availability 52.2 Complaint Procedures 52.2.1 52.2.2 52.2.3 Complaint Types CEO, Notification Investigation Time Limits July 2008 2006 H-10 RSLEA Copyright © 2006 CALEA 70.3 Special Transport Situations 70.3.1 70.3.2 70.3.3 Sick, Injured, Disabled Hospital Security and Control Special Situations 70.4 Transport Equipment 70.4.1 70.4.2 Vehicle Safety Barriers Rear Compartment Modifications 70.5 Documentation 70.5.1 Prisoner ID and Documentation 71.0 Processing and Temporary Detention 71.1 Authorization 71.1.1 Designate Rooms or Areas 71.2 Training 71.2.1 Training of Personnel 71.3 Detainee Processing and Control 71.3.1 71.3.2 71.3.3 Procedures Immovable Objects Security 71.4 Temporary Detention Facility Conditions 71.4.1 71.4.2 71.4.3 Physical Conditions Fire Prevention/Suppression Inspections 71.5 Processing and Testing 71.5.1 Security Concerns in Designated Processing or Testing Rooms/Areas 72.0 Holding Facility 72.1 Organization, Administration, and Management 72.1.1 72.1.2 72.1.3 Training User Personnel Access, Nonessential Persons Records Security 72.2 Physical Plant 72.2.1 Minimum Conditions RSLEA Copyright © 2006 CALEA H-13 July July2008 2006 72.3 Safety and Sanitation 72.3.1 72.3.2 72.3.3 Fire, Heat, Smoke Detection System, Inspections Posted Evacuation Plan Weekly Sanitation Inspection 72.4 Security and Control 72.4.1 72.4.2 72.4.3 72.4.4 72.4.5 72.4.6 72.4.7 72.4.8 72.4.9 72.4.10. 72.4.11 Securing Firearms Entering Occupied Cells Key Control Facility Door Security Security Checks Security Inspections Tool and Culinary Equipment Alerting Control Point Panic Alarms Procedures, Escape Report, Threats to Facility 72.5 Detainee Processing 72.5.1 72.5.2 72.5.3 72.5.4 72.5.5 72.5.6 72.5.7 Detainee Searches Intake Forms Sight and Sound Separation Segregation Procedure, Outside Detainees Procedure, Exceeding Capacity Identification, Released Detainees 72.6 Medical and Health Care Services 72.6.1 72.6.2 72.6.3 72.6.4 72.6.5 Procedure, Medical Assistance First Aid Kit Receiving-Screening Information Posted Access to Medical Service Dispensing Pharmaceuticals 72.7 Detainee Rights 72.7.1 Procedure, Detainee Rights 72.8 Supervision of Detainees 72.8.1 72.8.2 72.8.3 72.8.4 72.8.5 24-Hour Supervision Audio/Visual Surveillance Supervision, Opposite Sex Receiving Mail/Packages Visiting March 2008 July 2006 H-14 RSLEA Copyright © 2006 CALEA 73.0 Court Security 73.1 Administration 73.1.1 Role, Authority, Policies 73.2 Operations 73.2.1 Facilities, Equipment, Security Survey 73.3 Security Policy and Procedures 73.3.1 73.3.2 Weapon Lockboxes Use of Restraints 73.4 Equipment 73.4.1 73.4.2 73.4.3 Identification, Availability, Operational Readiness External Communications Duress Alarms 73.5 Court Holding Facilities 73.5.1 73.5.2 73.5.3 73.5.4 73.5.5 73.5.6 73.5.7 73.5.8 73.5.9 73.5.10 73.5.11 73.5.12 73.5.13 73.5.14 73.5.15 73.5.16 73.5.17 73.5.18 73.5.19 73.5.20 73.5.21 73.5.22 73.5.23 73.5.24 Training Detainee Searches Detainee Property Security Segregation Procedure for Medical Assistance First Aid Kit Access of Nonessential Persons Minimum Conditions Fire Alarm System Evacuation Plan Sanitation Inspection Securing Firearms Entering Occupied Cells Key Control Facility Door Security Security Checks Security Inspections Designated Control Point Panic Alarms Escape Procedures Report of Threats to Facility Posted Access to Medical Service Audio/Visual Surveillance Supervision of Opposite Sex RSLEA Copyright © 2006 CALEA H-15 March July2008 2006 74.0 Legal Process 74.1 Records 74.1.1 74.1.2 74.1.3 Information, Recording Execution/Attempt Service, Recording Warrant/Wanted Person Procedures 74.2 Civil Process 74.2.1 Procedure, Civil Service 74.3 Criminal Process 74.3.1 74.3.2 Procedure, Criminal Process Arrest Warrants Require Sworn Service 81.0 Communications 81.1 Administration 81.1.1 81.1.2 Agreements, Shared/Regional Facility Operations Meet FCC Requirements 81.2 Operations 81.2.1 24 Hour, Toll-Free Service 81.2.2 Continuous, Two-Way Capability 81.2.3 Recording Information 81.2.4 Radio Communications Procedures 81.2.5 Access to Resources 81.2.6 Victim/Witness Calls 81.2.7 Victim/Witness Requests for Information 81.2.8 Recording and Playback 81.2.9 Local/State/Federal CJI Systems 81.2.10 Alternative Methods of Communication 81.2.11 Emergency Messages 81.2.12 Misdirected Emergency Calls 81.2.13 Private Security Alarms 81.2.14 First Aid Over Phone 81.3 Facilities and Equipment 81.3.1 81.3.2 81.3.3 81.3.4 Communications Center Security Alternate Power Source Telephone System Mobile/Portable Radios July July2008 2006 H-16 RSLEA Copyright © 2006 CALEA 82.0 Central Records 82.1 Administration 82.1.1 82.1.2 82.1.3 82.1.4 82.1.5 82.1.6 82.1.7 Privacy and Security Juvenile Records Records Retention Schedule UCR/NIBRS Report Accounting System Computer File Backup and Storage Computerized Security Protocol 82.2 Field Reporting and Management 82.2.1 82.2.2 82.2.3 82.2.4 82.2.5 Field Reporting System Reporting Requirements Case Numbering System Report Distribution Reports by Phone, Mail or Internet 82.3 Records 82.3.1 82.3.2 82.3.3 82.3.4 82.3.5 82.3.6 Master Name Index Index File Traffic Records System Traffic Citation Maintenance Operational Component Record ID Number and Criminal History 83.0 Collection and Preservation of Evidence 83.1 Administration 83.1.1 24 Hour Availability 83.2 Operations 83.2.1 83.2.2 83.2.3 83.2.4 83.2.5 83.2.6 83.2.7 Guidelines and Procedures Photography and Video Tapes Fingerprinting Equipment and Supplies Procedures, Seizure of Computer Equipment Report Preparation DNA Evidence Collection 83.3 Evidence Handling 83.3.1 83.3.2 Collecting from Known Source Evidence, Laboratory Submission RSLEA Copyright © 2006 CALEA H-17 JulyJuly 20082006 84.0 Property and Evidence Control 84.1 Administration and Operation 84.1.1 84.1.2 84.1.3 84.1.4 84.1.5 84.1.6 84.1.7 84.1.8 Evidence/Property Control System Storage and Security Temporary Security Security of Controlled Substances, Weapons for Training Records, Status of Property Inspections and Reports Final Disposition Property Acquired through the Civil Process March 2008 July 2006 H-18 RSLEA Copyright © 2006 CALEA security 82.1.7 seizure of computer equipment 83.2.5 software policy 11.4.4 Conditions of work 22.3 Confidential funds accounting 17.4.2 provision 43.1.3 Constitutional rights access to counsel 1.2.3, 42.2.10, 72.7.1 Bias Based Profiling 1.2.9 covert operations 43.1.5 detainee 72.7.1 interview and interrogation 1.2.3, 44.2.3 juvenile 44.2.2 privacy 72.1.3 search/seizure 1.2.4, 72.5.1 Consular notification 1.1.4 Contract law enforcement 3 Controlled substances 84.1.4 Coordination, interagency concurrent jurisdiction 2.1.2 criminal justice 61.3.6 federal 2.1.4 mutual aid 2.1.3 planning 61.3.6 task forces 42.2.5 Coordination, intra-agency 12.1.4 Counseling career 33.8.1 employee assistance 22.2.3, 22.2.6 post-trauma 1.3.8, 22.2.4 Court security 73 Crime analysis 15.3 Crime information system 82.1.4 Crime prevention 45.1 Crime reporting 82.2 Crime scene processing 83.2 protection 42.2.1 Crime victim assistance 55, 81.2.6 Criminal history files 82.1.1, 82.3.6 Criminal intelligence 42.1.6 Criminal Investigation 42 follow-up 42.2.2 informal 42.2.7 preliminary 42.2.1 Criminal investigators accountability 42.1.4 RSLEA Copyright © 2006 CALEA patrol shift briefings 42.2.4 temporary assignment 16.2.3 Criminal process 1.2.5, 74.1, 74.3 Crossing guards 61.3.4 Deadly force 1.3.2 administrative review 1.3.8 medical aid 1.3.5 training 1.3.11, 16.3.6, 33.5.1 vehicle pursuit 41.2.2 Detainees holding conditions 72.2.1, 72.5.3 processing 72.5 rights 72.7.1 supervision 72.8 temporary 71 Directives, written 12.2 Disasters 46.1.2 Disciplinary procedures appeal 26.1.6 awards 26.1.2 discipline 26.1.4 dismissal 26.1.7 Employee Assistance Program 22.2.6 records 26.1.8 supervision/authority 26.1.5 Discretion 1.2.6, 1.2.7, 44.2.1, 61.1.2 Dismissal 26.1.7 Disposition of property 84.1.1, 84.1.7 Distribution of personnel 16.1.2 Diversion juveniles 44.2.1 programs 1.1.3 DNA 83.2.7 Driver re-examination 61.1.12 Duties and responsibilities academy administration 33.2.1 auxiliaries 16.4.1 civil process 74.2.1 classification 21.2.1, 21.2.2 contract services 3.1.1 crime scene processors 83.1, 83.2 criminal investigations 42.1.4 disciplinary 26.1.5 extra-duty employment 22.3.4 field training officers 33.4.3 fiscal management 17.1.1 inspections 53 interagency agreements 2.1.2 Internal Affairs 52 Index-3 July 2006 job announcements 31.3.1 performance evaluations 16.3.8, 35.1.1 promotional announcement 34.1.5 reserves 16.3 school crossing guards 61.3.4 task analysis 21.1.1 task forces 42.2.7 traffic collisions 61.2.1, 61.2.3 training committee 33.1.1 vehicle pursuit 41.2.2 Education benefits 22.2.2 traffic safety, public 61.4.4 Eligibility lists promotional 34.1.6 Emergency(ies) All hazard 46 calls, response 41.2.1 command protocol 12.1.2 communications 81.2.5 holding facility 71.3.3, 72.3.2, 72.4.8, 72.4.10, 73.5.18, 73.5.20 motor vehicle pursuits 41.2.2 messages 81.2.11 mutual aid 2.1.3, 2.1.4 power source 81.3.2 prisoner transportation 70.1.7 telephone number 81.2.2, 81.2.12, 81.3.3 unusual occurrences 46 Employee Assistance Program (EAP) 22.2.6 Employee identification 22.2.7 Equal Employment Opportunity 31.2.3 Equipment All hazard 46.1.6 body armor 41.3.6 contract services 3.1.1 control, agency 17.5.1 communications 81.2.9, 81.3 court security 73.2.1, 73.4 covert operations 43.1.4, 43.1.5 crime scene processing 83.2.4 critical incident readiness 46.1.8 emergency response 41.2.1, 41.3 general patrol service 41.3.1, 41.3.2 holding facility 72.3.1, 72.4.6-72.4.9, 72.6.2, 72.8.2 inspections 53 multiyear plan 15.1.3 prisoner transport 70.4 July 2008 2006 purchase 17.3.1 readiness 17.5.3 reserves 16.3.4 safety restraining devices 41.3.3 special purpose vehicles 41.1.3 tactical team 46.2.3 traffic enforcement 61.1.5 unmarked vehicles 41.2.1 VIP protection 46.2.6 Escape, prisoner 70.1.7, 72.4.10, 73.5.20 Escort services 61.3.3 Ethics 1.1.2 Evaluation Recruitment Plan 31.2.2 crime analysis 15.3.1 crime prevention programs 45.1.1 goals and objectives 15.2.2 juvenile programs 44.1.3 performance 34 promotional procedures 34.1.3 specialized assignments 16.2.1 task forces 42.2.5 traffic enforcement 61.1.1 training 33.1.1, 33.3.1, 33.4.2, 33.4.3, 33.5.2 Evidence collection and preservation 83 criminal investigations 42.2.1, 42.2.2 custody, in 84 Exceeding prisoner capacity procedure 72.5.6 Executive protection 46.2.6 Extra-duty employment 22.3.4 Federal assistance 2.1.4 Field interviews 1.2.3 Field training recruit 33.4.3 reserves 16.3.3 Financial management 17 Fingerprints arrestee 1.2.5, 82.3.6 crime scene 83.2.1, 83.2.3, 83.2.4 juvenile 82.1.2 Firearms authorized 1.3.9, 1.3.10 discharge 1.3.6 evidence 83.3.2 holding facility 72.4.1, 73.5.12 in-custody, storage 84.1.1, 84.1.2 prisoner transport 70.1.6 proficiency 1.3.10, 1.3.11, 16.3.6 specialized 46.2.3 Index-4 RSLEA Copyright © 2006 CALEA Change Notice No. 2.5: Recognition Standards for Law Enforcement Agencies Amendments Enacted by the Commission on March 20, 2009 Background This is the fifth change notice for the Recognition Standards for Law Enforcement Agencies – 2nd Edition, which was published July 2006. Change notices shall be numbered by the Edition, followed by a decimal point and the sequential number of the change to that edition. Change notices are an essential component of the standards for law enforcement; they help ensure these standards continue to reflect the best and most up-to-date information the profession can offer. For the purpose of record, Change Notice 2.1, Change Notice 2.2, Change Notice 2.3 and Change Notice 2.4 were previously made available to all client agencies and the changes are outlined on the reverse side of this notice. The loose-leaf pages that accompanied Change Notice 2.1 bear the dates July 2006 and November 2006, Change Notice 2.2 bear the dates July 2007, November 2007, March 2008, Change Notice 2.3 bears the date July 2008 and Change Notice bears the date December 2008. Standards Amendments and Other Revisions Accompanying This Change Notice Table of Contents: Standard number change. Standard 1.3.1: Standard language change. Standard 1.3.9: Standard language change. Standard 22.3.5: Renumbered from 22.3.4. Introduction to Chapter 46: Language Change Standard 46.1.2: Standard language change. Appendix H: STANDARD TITLES H-4 – Added 22.3.3 H-5 – Changed 22.3.3 to 22.3.4 H-5 – Changed 22.3.4 to 22.3.5 Where to Insert This Notice and Accompanying Pages Insert this notice immediately behind the front cover of the Standards Manual. Insert the accompanying loose-leaf pages as indicated by their respective page numbers and discard the old, correspondingly numbered pages. The new pages carry more recent dates than do those being replaced. Change Notice 2.1 (January 2007) Standard 22.2.7: Standard and Commentary language were changed. Standard 71.3.3: Changed language for bullet a and added commentary language. Chapter 72 Introduction: Language change. APPENDIX A: GLOSSARY – Added new term – Demonstrated Proficiency. APPENDIX B: GUIDING PRINCIPLES FOR AGENCIES AND ASSESSORS – Language change to 4.3. Change Notice 2.2 (March 2008) Standard 16.3.3: Addition of Commission Interpretation. Standard 25.1.3: Language and Levels of Compliance changes. Standard 35.1.2: Language change. Standard 42.2.8: Language change. Chapter 45 Introduction: Language change. Standard 46.3.4: Language change. Standard 52.1.5: Levels of Compliance change. Chapter 71 Introduction: Language change to Introduction. Standard 71.3.3: Language change. Standard 71.4.1: Language change. Standard 71.4.2: Language change. Standard 71.4.3: Language change. Subsection 71.5 Processing and Testing: New. Standard 71.5.1: New. Standard 81.2.10: Language change. Standard 81.2.14: Moved to Standard 82.2.5. Standard 81.2.15: Renumbered to Standard 81.2.14. Standard 84.1.6: Commentary Language change. APPENDIX A: GLOSSARY- Added new terms – AMBER Alert and Constant Supervision. Language change to Temporary Detention. APPENDIX G: FILE CONSTRUCTION AND DOCUMENTATION - Deleted reference to Panel Presentations. Change Notice 2.3 (July 2008) Table of Contents: New Standards. Standard 33.5.4: Language change. Introduction to Chapter 42: Added paragraph 3. Standard 42.1.6: Revised. Standard 71.1.1: New Standard. Standard 71.5.1: New Standard. Appendix H: STANDARD TITLES H-10 – 46.3.4 changed to Hazemat Awareness. H-16 – 81.2.14 moved to 82.2.5 (H-17). H-16 – 81.2.15 changed to 81.2.14. Change Notice 2.4 (December 2008) Standard 1.3.6: Commentary language change. Standard 1.3.9: Commentary language change. Appendix A: GLOSSARY – Added new terms: PHOTOGRAPHIC LINEUP PHYSICAL LINEUP SHOW-UP Appendix H: STANDARD TITLES H-9 – Added 42.2.11 and 42.2.12. Index Index-4 – Added Eyewitness identification Index-6 – Added Line-up Index 8 – Show-up CHAPTERS 21-26 THE PERSONNEL STRUCTURE CHAPTER 21 CLASSIFICATION AND DELINEATION OF DUTIES AND RESPONSIBILITIES 21.1 Task Analysis 21.2 Classification CHAPTER 22 21-1 21-2 COMPENSATION, BENEFITS, AND CONDITIONS OF WORK 22.1 Compensation 22.2 Benefits 22.2.2 Personnel Benefits 22.2.4 Line of Duty Deaths 22.3 Conditions of Work 22.3.5 Extra Duty Employment CHAPTER 23 [Reserved] CHAPTER 24 COLLECTIVE BARGAINING 24.1 Collective Bargaining and Contract Management CHAPTER 25 24-1 GRIEVANCE PROCEDURES 25.1 Grievance Procedures CHAPTER 26 22-1 22-2 22-2 22-3 22-5 22-5 25-1 DISCIPLINARY PROCEDURES 26.1 Disciplinary Procedures 26.1.1 Conduct & Appearance 26.1.3 Harassment Policy 26.1.4 Disciplinary System 26.1.6 Disciplinary Appeals CHAPTERS 31-35 THE PERSONNEL PROCESS CHAPTER 31 RECRUITMENT 31.1 Administrative Practices and Procedures 31.2 Equal Employment Opportunity and Recruitment 31.2.1 Ethnic and Gender Composition 31.2.2 Recruitment Plan 31.3 Job Announcements and Publicity RSLEA Copyright © 2006 CALEA ix 26-1 26-1 26-1 26-2 26-2 31-2 31-2 31-2 31-2 31-3 2006 MarchJuly 2009 CHAPTER 32 SELECTION 32.1 Professional and Legal Requirements 32.1.1 Selection Process 32.2 Administrative Practices and Procedures 32.2.1 Background Investigation 32.2.7 Medical Exam 32.2.8 Psychological Exam CHAPTER 33 32-1 32-1 32-3 32-3 32-4 32-4 TRAINING AND CAREER DEVELOPMENT 33.1 Administration 33.1.5 Remedial Training 33.1.6 Update Training Records 33.1.7 Records, All Classes 33.2 Academy 33.3 Training Instructors 33.4 Recruit Training 33.4.1 Entry Level Training 33.4.3 Field Training 33.5 In-service, Shift Briefing, and Advanced Training 33.5.1 Annual Retraining 33.6 Specialized In-service Training 33.6.2 Tactical Training 33.7 Civilian Training 33.8 Career Development 33.8.2 Training of Newly Promoted Personnel CHAPTER 34 PROMOTION 34.1 Professional and Legal Requirements 34.1.3 Promotional Process CHAPTER 35 34-1 34-1 PERFORMANCE EVALUATION 35.1 Administration 35.1.1 Performance Evaluation System 35.1.2 Annual Performance Evaluations CHAPTERS 41-46 LAW ENFORCEMENT OPERATIONS CHAPTER 41 PATROL 41.1 Administration 41.2 Operations 41.2.1 Call Response Guidelines July 2006 33-2 33-3 33-3 33-3 33-3 33-5 33-5 33-5 33-5 33-6 33-6 33-8 33-8 33-9 33-9 33-9 x 35-1 35-1 35-2 41-1 41-2 41-2 RSLEA Copyright © 2006 CALEA 1.2.5 A written directive specifies the procedures for any arrest, made with or without a warrant, and includes the criteria for: a. preparing reports; b. fingerprinting; and c. photographing. Commentary: The written directive should include procedures imposed by the U.S. Supreme Court, the courts of the applicable state and/or country, and any legislation pertaining to or governing the laws of arrest. Also included should be circumstances that permit a warrantless arrest; areas that may be searched incident to an arrest, both with and without a search warrant; procedures for handling persons asserting diplomatic or other forms of immunity (see also standards 61.1.3 and 1.1.4); and requirements that pertain to arrestee rights. Procedures should specify those offenses where fingerprints and photographs are required. Refer to standard 44.2.2. The directive should be updated in a timely fashion so that it reflects new decisions that add to the substantive laws of arrest. All information should be kept current for persons subsequently arrested, e.g., address, photograph. (M M M M) 1.2.6 A written directive defines the authority, guidelines, and circumstances when sworn personnel may exercise alternatives to arrest, prearraignment confinement, and/or pretrial release. Commentary: The written directive should identify the authority of sworn officers to use alternatives to arrest, e.g., citations, summonses, referrals, informal resolutions, and warnings, to address the variety of problems they confront. Policy guides and procedural directions should be developed to ensure appropriate use of the alternatives by personnel. (M M M M) 1.2.7 A written directive governs the use of discretion by sworn officers. Commentary: In many agencies, the exercise of discretion is defined by a combination of written enforcement policies, training, and supervision. The written directive should define the limits of individual discretion and provide guidelines for exercising discretion within those limits (see standards 61.1.2 and 61.1.5). (M M M M) 1.2.8 The agency has written procedures for strip and body cavity searches. The procedures shall include: a. authority for conducting strip and body cavity searches with and without a warrant; b. provisions for privacy and search by gender; and c. reporting requirements. Commentary: Strip and body cavity searches are sometimes necessary for agency safety and security or to seize evidence of criminal activity. These searches, however, are highly intrusive and should be conducted within the limits of legal authority, out of public view, and with due regard for human dignity. Some body cavity searches may require special hygienic procedures and qualified medical personnel to RSLEA Copyright © 2006 CALEA 1-5 July 2006 conduct the search. The procedures should guide agency personnel in conducting strip and body cavity searches that will maximize safety, seize necessary evidence, and be considered reasonable by applicable judicial authority. (M M M M) 1.2.9 The agency has a written directive governing bias based profiling and, at a minimum, includes the following provisions: a. a prohibition against bias based profiling in traffic contacts, field contacts, and in asset seizure and forfeiture efforts; b. training agency enforcement personnel in bias based profiling issues including legal aspects; c. corrective measures if bias based profiling occurs; and d. a documented annual administrative review of agency practices including citizen concerns. Commentary: Profiling, in itself, can be a useful tool to assist law enforcement officers in carrying out their duties. Bias based profiling, however, is the selection of individuals based solely on a common trait of a group. This includes but is not limited to race, ethnic background, gender, sexual orientation, religion, economic status, age, cultural group, or any other identifiable groups. Law enforcement agencies should not condone the use of any bias based profiling in its enforcement programs as it may lead to allegations of violations of the constitutional rights of the citizens we serve, undermine legitimate law enforcement efforts, and may lead to claims of civil rights violations. Additionally, bias based profiling alienates citizens, fosters distrust of law enforcement by the community, invites media scrutiny, invites legislative action, and invites judicial intervention. Law enforcement personnel should focus on a person’s conduct or other specific suspect information. They must have reasonable suspicion supported by specific articulated facts that the person contacted regarding their identification, activity or location has been, is, or is about to commit a crime or is currently presenting a threat to the safety of themselves or others. Annually, the agency should include profiling related training that should include field contacts, traffic stops, search issues, asset seizure and forfeiture, interview techniques, cultural diversity, discrimination, and community support. (M M M M) 1.3 Use of Force 1.3.1 A written directive states personnel will use reasonable force when force is used to accomplish lawful objectives. Commentary: None. (M M M M) 1.3.2 A written directive states that an officer may use deadly force only when the officer reasonably believes that the action is in defense of human life, including the officer’s own life, or in defense of any person in imminent danger of serious physical injury. Definitions of conditional terms, such as those for reasonable belief, serious physical injury, or similarly used terms that are used to qualify the directive, shall be included. July 2006 March 2009 1-6 RSLEA Copyright © 2006 CALEA 1.3.9 A written directive requires that only weapons and ammunition authorized by the agency be used by agency personnel in the performance of their responsibilities. The directive shall apply to weapons and ammunition carried both on and off duty, and must address: a. the types and specifications of all lethal and less lethal weapons approved for use, including those weapons used by members of tactical teams or other specialized personnel; b. the types and specifications of ammunition approved for use, including ammunition used in specialized weapons for members of tactical teams or other specialized personnel; c. the procedure for review, inspection, and approval of all weapons intended for use by each employee in the performance of duty, prior to carrying, by a qualified weapons instructor or armorer; d. a process to remove unsafe weapons; e. the procedure for maintaining a record on each weapon approved by the agency for official use; and f. guidelines for the safe and proper storage of agency authorized firearms. Commentary: The intent of this standard is to establish strict agency control over all firearms, weapons, and ammunition it allows members to carry and use in the performance of their official duties, both on and/or off duty. Clear guidelines should be established for exact types and specifications of each category of weapon, including specialized weapons used by members of tactical teams or other specialized personnel. Written directives and the guidance provided through specific job descriptions should clearly describe the authority to carry and use weapons within the rules, regulations and laws established by local, regional, tribal, provincial, state or federal authority. For firearms, the agency should establish an approval process. Each firearm should be identified, meet the agency’s established criteria and be safe and in good working order. The user should demonstrate his or her proficiency in using the firearm on an approved qualifying course before being approved, in writing, by the agency, to carry and use the firearm. A certified firearms instructor or armorer should inspect and approve the firearm and oversee the proficiency testing. A complete record of all weapons approved by the agency should be maintained. For firearms, the record should list the type, description, identifying model, and serial numbers of each firearm, as well as the identity of the owner or assignee. The record should also include the name of the official making the approval, the date of approval, the course fired, and all scores used to qualify the user on the demonstration of proficiency. All approvals should be conditional upon periodic requalification pursuant to procedures established to comply with standard 1.3.11. (M M M M) 1.3.10 A written directive requires that only agency personnel demonstrating proficiency in the use of agency-authorized weapons be approved to carry such weapons. Commentary: The intent of this standard is to cover the carrying and use, both on and off duty, of all weapons, such as handguns, shotguns, chemical sprays, or striking weapons (see standard 1.3.9). Demonstrated proficiency includes achieving minimum qualifying scores on a prescribed course; attaining and demonstrating a knowledge of the laws concerning the use of authorized weapons and knowledge of agency policy(s) on the use of force, escalating force, and deadly force; and being familiar with recognized safe-handling procedures for the use of these weapons. The instruction on and qualification with all weapons should be provided by a certified weapons instructor. (M M M M) RSLEA Copyright © 2006 CALEA 1-9 July 2009 2006 March 1.3.11 At least annually, all agency personnel authorized to carry weapons are required to receive in-service training on the agency’s use of force policies and demonstrate proficiency with all approved lethal weapons and electronic controlled weapons that the employee is authorized to use. In-service training for other less lethal weapons and weaponless control techniques shall occur at least biennially. In addition: a. proficiency training must be monitored by a certified weapons or tactics instructor; b. training and proficiency must be documented; and c. the agency must have procedures for remedial training for those employees who are unable to qualify with an authorized weapon prior to resuming official duties. Commentary: Annual and biennial in-service use of force refresher training need not be as formal as entry level or recruit training. Use of force retraining can be accomplished through a combination of methods; for example, during shift briefing training sessions, reviewing legal updates on use of force issues, or conducting written or skills tests on use of force and less than lethal weapons during annual firearms qualifications courses. Proficiency levels should be established by the agency with input from certified weapons instructors or others in the agency that can validate the criteria. Demonstrated proficiency with less lethal weapons may consist of the same criteria used at entry level, or the course may be modified to either abbreviate or extend the training, based on the agency’s experience with the weapon in the field. The intent of bullet (c) is to ensure that remedial measures are provided, and that an employee failing to demonstrate proficiency with a weapon is not returned to duty with that weapon until such time as proficiency is demonstrated and documented. Unless they are applied properly, neck restraints and other similar compliance techniques that rely on cutting off the flow of oxygen to the brain have the potential to cause serious injury or death. Therefore, any agency that authorizes the use of such techniques should ensure that its personnel are properly trained in the use of these techniques so that the possibility of injury is minimized. In addition to the initial training, the agency should also provide biennial refresher training to ensure that the skills required for proper application are maintained. See also standard 33.5.1. Training should be commensurate with the limits and scope of the employees’ job responsibilities, e.g., an agency property guard having no arrest authority may be issued a baton and chemical agent, but training proficiency need only cover defensive moves. The curriculum for sworn officers would be more extensive based on the scope of their authority to use force in making arrests. (M M M M) 1.3.12 A written directive requires that all agency personnel authorized to carry lethal and less lethal weapons be issued copies of and be instructed in the policies described in standards 1.3.1 through 1.3.5 before being authorized to carry a weapon. The issuance and instruction shall be documented. Commentary: None. (M M M M) July 2006 1-10 RSLEA Copyright © 2006 CALEA 2 AGENCY JURISDICTION AND MUTUAL AID Standards in this chapter relate to an agency’s jurisdiction and the provision and use of mutual aid and regional law enforcement services among agencies through cooperative agreements. Agreements should be reached among first responder agencies, non-government organizations (NGO), social service organizations, institutions of higher education, school districts, medical facilities, and private entities in adjoining jurisdictions or within the agency’s jurisdiction to provide assistance to each other in the event of natural disaster, mass disorder, pandemic or other emergency situations. Lines of command should be established beforehand. Procedures for the provision of personnel should also be established in advance. The Commission has exempted state agencies from having formal mutual aid agreements with agencies in adjoining states. Standard 2.1.3 is not applicable for state agencies. 2.1 Agency Jurisdiction and Mutual Aid 2.1.1 A written directive delineates the specific geographical boundaries of the agency’s jurisdiction. Commentary: It is fundamental that the agency clearly describes, in writing, the geographical boundaries of its jurisdiction. Situations involving overlapping or ambiguous territorial jurisdiction should be avoided. A detailed official map, including the boundaries of the jurisdiction, may satisfy the requirements of this standard. (M M M M) 2.1.2 A written directive specifies the agency’s responsibilities in any interagency agreement regarding concurrent jurisdiction. Commentary: The intent of the standard is to encourage an agency to identify its responsibilities, with regard to concurrent jurisdiction, which are established as a matter of law or on the basis of interagency agreement. This standard does not require an interagency agreement where none exists. The written directive should clearly outline the source of the concurrent jurisdiction, e.g., cites the specific legal basis or relevant interagency agreement, and should outline such details as identification of which agency responds to a call for service by type, communication linkages between agencies to ensure prompt and appropriate response, provision of back-up support between jurisdictions, and reporting responsibilities and policy concerning the jurisdiction of prosecutors and courts. (O O O O) RSLEA Copyright © 2006 CALEA 2-1 March 2009 2.1.3 In the absence of controlling legislation governing mutual aid, the agency has written agreements with neighboring agencies to provide mutual aid in emergency situations. The mutual aid agreement must include, at a minimum, the following details: a. the legal status of agencies and agency personnel responding to mutual aid requests; b. procedures for vesting provider agency personnel with the legal authority to act within the receiver agency’s jurisdiction; c. procedures for requesting mutual aid; d. identity of those persons authorized to request mutual aid; e. identity of persons to whom outside personnel are to report; f. procedures for maintaining radio communication with outside personnel; g. expenditures, if any, which should be borne by the receiver agency to compensate for the use of the provider agency’s resources; and h. procedures for review and revision if prescribed in the agreement. Commentary: Emergency situations often require augmented law enforcement capabilities to restore order or assist victims. The agency’s mutual aid agreement should provide all the information necessary to initiate mutual aid activities either on behalf of the agency or at the request of a neighboring law enforcement agency. The agreement should also consider provisions for the indemnification of the provider agency and its personnel, e.g., life, health, and liability insurance. Whether the agency operates under existing legislation or a mutual aid agreement, it should have a plan for providing or receiving aid in critical incident situations. The plan should assess the extent of aid that could be provided while maintaining adequate law enforcement coverage in the service area. The types and amounts of major resources should be estimated and their locations listed. Planning should also involve liaison with other agencies (non-government organizations (NGO), social service organizations, institutions of higher education, school districts, medical facilities, and private entities) that may be involved when mutual aid is invoked. (O O O O) 2.1.4 A written directive governs procedures for requesting federal law enforcement or national guard assistance in emergency situations. Commentary: None. (M M M M) March 2009 2-2 RSLEA Copyright © 2006 CALEA 22.3 Conditions of Work 22.3.1 A written directive describes the agency’s policy regarding physical examinations for employees. Any examination required of employees in permanent, full-time jobs must be provided at no cost to the employee. Commentary: A physical examination is a benefit to both the employee and the agency. Any physical examination should be conducted only to confirm the employees’ continued fitness to perform the tasks of their assignments and to inform them of their general physical condition, not to identify employees with disabilities who are otherwise able to perform their assigned duties, with or without reasonable accommodation. The nature of some specific positions or responsibilities may necessitate periodic specific health screenings, such as those for crime scene personnel, firearms instructors, or range technicians who are repeatedly exposed to hazardous chemicals or lead contaminates. (M M M M) 22.3.2 A written directive describes the agency’s policy regarding general health and physical fitness for sworn employees. Commentary: The functions of a law enforcement agency require a level of physical fitness not demanded by many other occupations, and fitness requirements should be specified. Standards of fitness should be those that have been shown to be directly related to the tasks performed, and not serve to eliminate or penalize employees who can otherwise perform the tasks of their assignment, with or without reasonable accommodation. (M M M M) 22.3.3 The agency has a written directive that addresses a fitness and wellness program which includes: a.. b. c. d. e. mandatory or voluntary participation by agency personnel; a trained program coordinator; individual health screening and fitness assessment; individual education and goal setting; and ongoing support and evaluation. Commentary: A fitness and wellness program has two main elements. The first is physical performance, i.e., the development and maintenance of physical performance capability to satisfactorily perform job tasks and personal activities. The second is the individual’s present health status as well as the risk for future disease. This is impacted greatly by lifestyle choices, including smoking, nutrition, weight, stress management, inactivity, etc. The agency should also consider incentives to encourage employee participation. (O O O O) 22.3.4 A written directive governs the types of off-duty employment in which agency personnel may engage. RSLEA Copyright © 2006 CALEA 22-5 July2009 2006 March Commentary: This standard applies to both sworn and non-sworn personnel. It pertains to secondary employment of the off-duty type—that is, outside employment wherein the use of law enforcement powers is not anticipated. Agencies may want to consider expressing the prohibition of certain types of off-duty employment in general terms, such as proscribing off-duty employment that, in the opinion of the agency, would constitute a conflict of interest or would tend to bring discredit to the agency. The prohibition could be quite specific, such as by focusing on specific jobs or locations. (O O O O) 22.3.5 If the agency permits sworn personnel to engage in extra-duty employment, a written directive addresses the following: a. the requirement that sworn personnel must receive agency permission to engage in extra duty employment; b. policies that address the behavior and activities of officers during extra-duty employment; c. approval, review, and revocation processes pertaining to officers’ extra-duty employment; d. designation of a point of coordination or administration within the agency to oversee adherence to the aforementioned policies, processes, and other matters deemed appropriate by the agency; and e. documentation of the significant aspects of each officer’s extra-duty employment. Commentary: This standard pertains to sworn personnel whose secondary employment is of the extra-duty type, that is, outside employment wherein the actual or potential use of law enforcement powers is anticipated. Bullet (a) requires sworn officers to obtain permission of the agency to engage in extra-duty employment. In addition, the relationship between the extra-duty employer and the officer-employee may be governed by a written agreement between the agency and extra-duty employer. Among other provisions, an agreement might specify that payment by the extra-duty employer for the officer-employee’s services shall be remitted to the agency, which will promptly compensate the extra-duty officer. Regarding policies referred to in bullet (b), the agency might address the following matters, among others, if not already covered by the agreement: authority of officers while working in an extra-duty capacity; responsibilities of the officers to the agency and to extra-duty employers; matters of jurisdiction; callback, if required; limitations, if any, on the number of hours worked per given time period and on the number of hours worked immediately prior to reporting to the agency; use of agency property (weapons, uniforms, and the like); and liability, compensation, and indemnification issues arising from injuries or other incidents occurring during extra-duty employment. Regarding the approval, review, and revocation processes noted in bullet (c), the agency’s written directive should cover a description of those processes, types of extra-duty employment that are prohibited, and agreement by the extra-duty employer to restrictions, if any, on the types and conditions of employment, including an assessment of the potential risk of injury. With respect to bullet (e), documentation should reflect the unique needs of the agency, the relevant sections of its collective bargaining agreement, if any, as well as pertinent statutory requirements, e.g., the federal Fair Labor Standards Act. Among the significant aspects of extra-duty employment to document, the agency should consider the following: date, time, and place of employment; incidents that July March 2006 2009 22-6 RSLEA Copyright © 2006 CALEA involved use of law enforcement powers, injury to the officer or others, complaints received, and court appearances (scheduled and actually attended) resulting from extra-duty employment; and liability and indemnification concerns stemming from actions during extra-duty employment. (M M M M) RSLEA Copyright © 2006 CALEA 22-7 March July2009 2006 46 CRITICAL INCIDENTS, SPECIAL OPERATIONS, AND HOMELAND SECURITY The standards in this chapter relate to critical incidents encountered, and special operations conducted, by a law enforcement agency. Critical incidents connote situations, generally of an emergency nature, that result from disasters, both natural and man-made, pandemics and civil disturbances. Disasters include floods, hurricanes, earthquakes, explosions, and tornadoes. Pandemics are infectious disease outbreaks that occur over very large areas, cross international borders, and usually involve large numbers of people. Civil disturbances include riots, disorders, and violence arising from dissident gatherings and marches, public events, political conventions, and labor disputes. The critical incident section (46.1) follows the structure of the National Incident Management System (NIMS). The incident command system is a component of the National Incident Management System. The special operations section (46.2) encompasses the use of a tactical team, negotiation with hostage takers or barricaded persons, coverage of special events, protection of VIPs, and conduct of search-and-rescue missions. In many large agencies, these activities are grouped in a formally organized special operations (or tactical) component that provides a concentration of resources and specialized expertise at a level that could not be achieved as easily by conventional operational components, such as patrol or criminal investigations. Other agencies choose to establish a part-time component, staffed by personnel from other functions who assemble as the need arises. However, special operations encompass activities for responding to certain kinds of emergencies or unexpected situations that might be better served by some type of specialized component rather than organized under conventional operational components. Smaller agencies may or may not have a special operations (or tactical) component. Regardless, these types of emergency situations arise in jurisdictions of any size and every agency may be the “first responder” even when another, larger agency may be called in to assist or even resolve the incident. For this reason, every agency must have a written plan(s) that outlines the procedures for how the situation will be handled. Agencies need not create separate manuals for each standard. Rather, compliance can be achieved by a single, comprehensive manual which embraces common bullets, with relevant areas addressed by appropriate sections. With the exception of the conditional standards, this chapter applies to every size agency. Other standards related to this chapter are included in the chapters on mutual aid (Chapter 2), training (Chapter 33), and property and evidence control (Chapter 84). RSLEA Copyright © 2006 CALEA 46-1 July2009 2006 March 46.1 Critical Incidents 46.1.1 A written directive specifies a position in the agency tasked with planning a response to critical incidents. Commentary: The person holding this position should be the principal planner and advisor on critical incidents to the agency’s chief executive officer. In larger agencies, an important part of the duties attendant to this position may be to act as an expediter of resources during critical incidents. (M M M M) 46.1.2 The agency has a written “All Hazard” plan for responding to critical incidents such as natural and man-made disasters, pandemics, civil disturbances, mass arrests, bomb threats, hostage/barricaded person situations, acts of terrorism, and other unusual incidents. The plan will follow standard Incident Command System (ICS) protocols, which include functional provisions for: command (46.1.3), operations (46.1.4), planning (46.1.5), logistics (46.1.6), and finance/administration (46.1.7). Commentary: The Incident Command System (ICS) has proven very effective in federal and fire services emergencies over the past two decades. This system permits a clear point of control and can be expanded or contracted with ease to escalating or diminishing situations. The Federal Emergency Management Agency’s (FEMA) ICS is comprehensive, available on the Internet, and widely used. The Incident Command System (ICS) establishes standardized incident management processes, protocols, and procedures that all responders—federal, state, tribal, and local—will use to coordinate and conduct response actions. With responders using a common language and standardized procedures, they will all share a common focus, and will be able to place full emphasis on incident management when a critical incident occurs—whether terrorism or natural disaster. (M M M M) 46.1.3 At a minimum, the command function will address the following: a. b. c. d. e. f. g. h. activating the incident command system; establishing a command post; initiating the notification and mobilization of additional agency personnel; obtaining support from other agencies; establishing a staging area, if necessary; providing public information and maintaining media relations; maintaining the safety of all affected personnel; and preparing a documented after action report. Commentary: None. (M M M M) 46.1.4 At a minimum, the operations function will address the following: a. establishing perimeters; b. conducting evacuations; c. maintaining command post and scene security; July 20062009 March 46-2 RSLEA Copyright © 2006 CALEA d. providing for detainee transportation, processing, and confinement; e. directing and controlling traffic; and f. conducting post-incident investigation. Commentary: The operations function is responsible for the management of all tactical operations directly related to the primary mission. (M M M M) 46.1.5 At a minimum, the planning function will address the following: a. preparing a documented incident action plan; b. gathering and disseminating information and intelligence; and c. planning post-incident demobilization. Commentary: The planning function is vital to the success of the critical incident plan. Preparation of a documented incident action plan is one of the first responsibilities of the planning function. This function is also responsible for collecting and evaluating information about the incident, the status of resources, and anticipated equipment and manpower needs. The planning function is typically tasked with assembling information on current and alternative strategies, identifying needs for special resources, providing periodic predictions on incident potential, and preparing recommendations for release of resources. (M M M M) 46.1.6 At a minimum, the logistics function will address the following: a. b. c. d. e. communications; transportation; medical support; supplies; and specialized team and equipment needs. Commentary: The logistics function provides manpower, facilities, services, and materials in support of the critical incident. (M M M M) 46.1.7 At a minimum, the finance/administration function will address the following: a. b. c. d. recording personnel time; procuring additional resources; recording expenses; and documenting injuries and liability issues. Commentary: The finance and administrative function is responsible for all financial and cost analysis aspects of the critical incident. (M M M M) 46.1.8 The agency completes a documented quarterly inspection for operational readiness of equipment designated for use in support of its critical incident plan. RSLEA Copyright © 2006 CALEA 46-3 July 2006 Commentary: To ensure the readiness of equipment to be used in support of emergency operations, critical incident plans should show the numbers and types of equipment and supplies needed for various emergencies. (M M M M) 46.1.9 A written directive provides for documented annual training on the agency’s “All Hazard” plan for affected agency personnel. Commentary: The expanding scope and sophistication of emergency operations, along with increased possibilities of pandemics and acts of terrorism, require law enforcement agencies to quickly act to stabilize and control emergency situations. Increasingly, law enforcement agencies must deal with large catastrophes with little or no notice. Immediate and decisive action is required to minimize loss of life, reduce property damage, and permit involved authorities to fulfill their responsibilities. The Incident Command System (ICS) permits a clear point of control and can be expanded or contracted with ease to escalating or diminishing situations. The Federal Emergency Management Agency (FEMA)’s ICS is comprehensive, available on the Internet, and widely used. An agency may choose a different model but must insure that it accomplishes the intent of ICS and that any system used is readily adaptable to systems other agencies may use in important areas, e.g., terminology, modular organization, integrated communications, and unity of command. The ICS will not be effective if training is not provided or if it is not used. While the law enforcement mission is often handled with few officers, there are situations that quickly escalate into major incidents. It is important to work with other agencies that use this system, so when crises arise, all personnel are familiar with the ICS structure and can function effectively within it. Compatibility between agency ICSs is imperative if ICS is to work effectively. This standard does not require the use of ICS with minor instances handled solely by the agency. Additionally, not all components of ICS need to be activated when the system is operational; only those that are needed in the situation should be used. Component activation and deactivation depends upon changing circumstances. Training should include tabletop, actual exercises, multiple agency involvement, and may be in conjunction with specific plans required in other standards and operations in Chapter 46. The agency should also consider the effect of this standard on other standards that address command protocol and require coordination and authority, e.g., standards 12.1.2 and 12.1.4. (O M M M) 46.2 Special Operations 46.2.1 A written directive establishes procedures for special operations activities including: a. the responsibilities that agency personnel are to assume until assistance arrives; b. deployment of tactical teams to supplement other operational components; and c. coordination and cooperation between tactical teams and other operational components. Commentary: For those special operations the agency does not perform, the directive should identify where such assistance is available and how it is requested. Guidelines should also be established for use July 20062009 March 46-4 RSLEA Copyright © 2006 CALEA 83 COLLECTION AND PRESERVATION OF EVIDENCE The effective exercise of law enforcement responsibility in the investigation of crime and in the prosecution of offenders requires that information be obtained through the application of scientific knowledge and methods. There is no practical alternative. Research has shown clearly that physical evidence must be identified, collected, and preserved properly, and transmitted to the laboratory promptly if laboratory support resources are to be used effectively. 83.1 Administration 83.1.1 Qualified personnel are available on 24-hour basis to process a crime scene/traffic collision. Commentary: If a crime/collision has occurred and involves the prompt collection and preservation of physical evidence, 24-hour crime scene processing capability should be available. When the immediate services of a crime scene processor are required, personnel with these skills should be notified as soon as possible. In many cases, the implementation or continuation of the investigative process should await completion of certain aspects of the crime scene processor’s work. Therefore, it is important that the processor be notified to coordinate their arrival at the scene and to provide instructions to on-scene personnel on how to proceed until they arrive. Smaller departments may have skilled personnel on call or may have arranged to acquire such personnel from another agency. (M M M M) 83.2 Operations 83.2.1 A written directive establishes guidelines and procedures used for collecting, processing, and preserving physical evidence in the field, and includes the documented transfer of custody of physical evidence, while in the field. Commentary: The agency should develop general guidelines for its approach to crime scene processing. For example, the first rule may be to secure and protect the crime scene. Agency policy should dictate whether processing is to be conducted by field personnel or specialists. Processing procedures should determine the progression of tasks, such as photograph, sketch, fingerprint, mark, and collect. The directive should also provide guidelines for the preferred methods of collecting, marking/labeling, and packaging/storing a variety of evidentiary items. Methods used are those that should preserve the condition of evidence in the process of collection, prevent the introduction of foreign materials to it, and ensure as complete a sample as possible and practical. RSLEA Copyright © 2006 CALEA 83-1 July 2006 For physical evidence to be accepted by the court at time of trial, it is essential that the chain of evidence be maintained. The initial step in this process is marking or labeling the item at the time it is collected, seized, or received. Items should be marked so as not to damage or contaminate the evidence. Items that cannot be marked should be placed in an appropriate container, sealed, and the container labeled. Vehicles used for processing crime scenes should have equipment to recover fingerprints, take photographs, sketch the crime scene, and collect and preserve evidence. For all items of evidence gathered at a crime scene, the investigator and/or processor should prepare a list containing a description of the item collected (including make, model, and serial number, if any), the source (person or location obtained from), and the name of the person collecting the item. The inventory is essential to the investigator and the processor for recording activities at the scene and qualifying the evidence at the time of trial. If the evidence is transferred to another person prior to being logged in with the agency, documenting the transfer is critical to maintaining the chain of custody. The record of transfer of physical evidence should include the following: date and time of transfer; receiving person’s name and functional responsibility; reason for the transfer; name and location of the laboratory; synopsis of the event; examinations desired; and date of transfer to a laboratory not within the agency. This standard applies to all persons, functions, and components responsible for collecting evidence. (M M M M) 83.2.2 A written directive governs procedures used for conventional and digital photography, imaging and videotaping pursuant to the collection and preservation of evidence. The directive specifies the information to be recorded when these methods are used. Commentary: Photographs and/or videotapes are critically important as evidence. Preferably, they should be taken by personnel trained in photography and video procedures. The directive should specify the information to be recorded when photographs and videotapes are taken, as well as the procedure for their storage, in order to be qualified in the future as competent evidence. Procedures should be consistent with applicable statutory and case law. (M M M M) 83.2.3 A written directive governs the procedures for processing, developing, lifting, and labeling all fingerprints pursuant to the collection and preservation of evidence. Commentary: The directive should address the handling of fingerprints taken from known individuals, as well as the processing of latent fingerprints. Procedures for the proper handling, identification, labeling, and storage of known and latent prints should be described. The methods should be consistent with statutory and case law. (M M M M) 83.2.4 The agency provides or has access to personnel, equipment, and supplies used for processing scenes for the following purpose: a. b. c. d. recovery of latent fingerprints; photography; sketch of the scene; and collection and preservation of physical evidence. March 2009 July 2006 83-2 RSLEA Copyright © 2006 CALEA 15.0 Planning and Research, Goals and Objectives, and Crime Analysis 15.1 Planning and Research 15.1.1 15.1.2 15.1.3 Activities of Planning and Research Organizational Placement/Planning and Research Multiyear Plan 15.2 Goals and Objectives 15.2.1 15.2.2 Annual Updating/Goals and Objectives System for Evaluation/Goals and Objectives 15.3 Crime Analysis 15.3.1 Establish Procedures 16.0 Allocation and Distribution of Personnel and Personnel Alternatives 16.1 Allocation and Distribution of Personnel 16.1.1 16.1.2 Position Management System Workload Assessments 16.2 Specialized Assignment 16.2.1 16.2.2 16.2.3 Annual Review Announce Openings Temporary/Rotating Assignments 16.3 Reserves 16.3.1 16.3.2 16.3.3 16.3.4 16.3.5 16.3.6 16.3.7 16.3.8 Program Description Selection Criteria Entry Level Training Uniforms and Equipment In-Service Training Use of Force Training & Firearms Proficiency Bonding/Liability Protection Performance Evaluations 16.4 Auxiliaries 16.4.1 16.4.2 16.4.3 Program Description Training Uniforms 17.0 Fiscal Management and Agency Property 17.1 Fiscal Management 17.1.1 CEO Authority and Responsibility RSLEA Copyright © 2006 CALEA H-3 July2006 2006 November 17.2 Budget 17.2.1 17.2.2 Budget Process and Responsibility Described Functional Recommendations to Budget 17.3 Purchasing 17.3.1 Requisition and Purchasing Procedures 17.4 Accounting 17.4.1 17.4.2 17.4.3 Accounting System Cash Fund/Accounts Maintenance Independent Audit 17.5 Agency Property 17.5.1 17.5.2 17.5.3 Inventory and Control Issue/Reissue Procedures Operational Readiness 21.0 Classification and Delineation of Duties and Responsibilities 21.1 Task Analysis 21.1.1 Task Analysis 21.2 Classification 21.2.1 21.2.2 Classification Plan Job Description Maintenance and Availability 22.0 Compensation, Benefits, and Conditions of Work 22.1 Compensation 22.1.1 Salary Program 22.2 Benefits 22.2.1 22.2.2 22.2.3 22.2.4 22.2.5 22.2.6 22.2.7 Leave Program Benefits Program Personnel Support Services Program Victim Witness Services/Line of Duty Death Clothing and Equipment Employee Assistance Program Employee Identification 22.3 Conditions of Work 22.3.1 22.3.2 22.3.3 Physical Examinations General Health and Physical Fitness Fitness and Wellness Program March 2009 July 2006 H-4 RSLEA Copyright © 2006 CALEA 22.3.4 22.3.5 Off-Duty Employment Extra-Duty Employment 24.0 Collective Bargaining 24.1 Collective Bargaining and Contract Management 24.1.1 24.1.2 Agency Role Ratification Responsibilities 25.0 Grievance Procedures 25.1 Grievance Procedures 25.1.1 25.1.2 25.1.3 Grievance Procedures Coordination/Control of Records Annual Analysis 26.0 Disciplinary Procedures 26.1 Disciplinary Procedures 26.1.1 26.1.2 26.1.3 26.1.4 26.1.5 26.1.6 26.1.7 26.1.8 Code of Conduct and Appearance Employee Awards Sexual Harassment Disciplinary System Role and Authority of Supervisors Appeal Procedures Dismissal Procedures Records 31.0 Recruitment 31.1 Administrative Practices and Procedures 31.1.1 31.1.2 Agency Participation Assignment/Recruitment 31.2 Equal Employment Opportunity and Recruitment 31.2.1 31.2.2 31.2.3 Work Force Analysis Recruitment Plan Equal Employment Opportunity Plan 31.3 Job Announcements and Publicity 31.3.1 31.3.2 31.3.3 31.3.4 Job Announcements Posting Locations Maintaining Applicant Contact Application Rejection RSLEA Copyright © 2006 CALEA H-5 March July2009 2006 32.0 Selection 32.1 Professional and Legal Requirements 32.1.1 32.1.2 32.1.3 32.1.4 32.1.5 32.1.6 32.1.7 Selection Process Described Job Relatedness Uniform Administration Candidate Information Notification of Ineligibility Records Selection Material Security 32.2 Administrative Practices and Procedures 32.2.1 Background Investigations 32.2.2 Training 32.2.3 Records Retention 32.2.4 Polygraph Examinations 32.2.5 Conducted by Trained Personnel 32.2.6 Use of Results 32.2.7 Medical Examinations 32.2.8 Emotional Stability/Psychological Fitness Examinations 32.2.9 Records Retention 32.2.10 Entry Level Probation 33.0 Training and Career Development 33.1 Administration 33.1.1 33.1.2 33.1.3 33.1.4 33.1.5 33.1.6 33.1.7 Training Committee Attendance Requirements Outside Training Reimbursement Lesson Plan Requirements Remedial Training Employee Training Record Maintenance Training Class Records Maintenance 33.2 Academy 33.2.1 33.2.2 33.2.3 33.2.4 Academy Administration and Operation Academy Facilities Outside Academy, Role Outside Academy, Agency Specific Training 33.3 Training Instructors 33.3.1 Instructor Training July 2006 H-6 RSLEA Copyright © 2006 CALEA Change Notice No. 2.6: Recognition Standards for Law Enforcement Agencies Amendments Enacted by the Commission on July 31, 2009 Background This is the sixth change notice for the Recognition Standards for Law Enforcement Agencies − 2nd Edition, which was published July 2006. Change notices shall be numbered by the Edition, followed by a decimal point and the sequential number of the change to that edition. Change notices are an essential component of the standards for law enforcement; they help ensure these standards continue to reflect the best and most up-to-date information the profession can offer. For the purpose of record, Change Notices 2.1, 2.2, 2.3, 2.4 and 2.5 were previously made available to all client agencies and the changes are outlined on the reverse side of this notice. The loose-leaf pages that accompanied Change Notice 2.1 bear the dates July 2006 and November 2006, Change Notice 2.2 bear the dates July 2007, November 2007, March 2008, Change Notice 2.3 bear the date July 2008, Change Notice 2.4 bear the date December 2008 and Change Notice 2.5 bear the date March 2009. Standards Amendments and Other Revisions Accompanying This Change Notice Standard 83.2.7: Commentary language change. Standard 84.1.6: Standard and Commentary language change. Appendix A: GLOSSARY – Revised and added new terms. AUDIT INVENTORY PROPERTY AND EVIDENCE CUSTODIAN Appendix I: SAMPLE SIZE TABLE – EVIDENCE CUSTODIAN CHANGE AUDIT – New. The following correction to a typographical error in the publication is also made as part of this change notice: ACKNOWLEDGEMENT Where to Insert This Notice and Accompanying Pages Insert this notice immediately behind the front cover of the Standards Manual. Insert the accompanying loose-leaf pages as indicated by their respective page numbers and discard the old, correspondingly numbered pages. The new pages carry more recent dates than do those being replaced. Change Notice 2.1 (January 2007) Standard 22.2.7: Standard and Commentary language were changed. Standard 71.3.3: Changed language for bullet a and added commentary language. Chapter 72 Introduction: Language change. APPENDIX A: GLOSSARY – Added new term – Demonstrated Proficiency. APPENDIX B: GUIDING PRINCIPLES FOR AGENCIES AND ASSESSORS – Language change to 4.3. Change Notice 2.2 (March 2008) Standard 16.3.3: Addition of Commission Interpretation. Standard 25.1.3: Language and Levels of Compliance changes. Standard 35.1.2: Language change. Standard 42.2.8: Language change. Chapter 45 Introduction: Language change. Standard 46.3.4: Language change. Standard 52.1.5: Levels of Compliance change. Chapter 71 Introduction: Language change. Standard 71.3.3: Language change. Standard 71.4.1: Language change. Standard 71.4.2: Language change. Standard 71.4.3: Language change. Subsection 71.5 Processing and Testing: New. Standard 71.5.1: New. Standard 81.2.10: Language change. Standard 81.2.14: Moved to Standard 82.2.5. Standard 81.2.15: Renumbered to Standard 81.2.14. Standard 84.1.6: Commentary Language change. APPENDIX A: GLOSSARY- Added new terms – AMBER Alert and Constant Supervision. Language change to Temporary Detention. APPENDIX G: FILE CONSTRUCTION AND DOCUMENTATION - Deleted reference to Panel Presentations. Change Notice 2.3 (July 2008) Table of Contents: New Standards. Standard 33.5.4: Language change. Chapter 42 Introduction: Added paragraph 3. Standard 42.1.6: Revised. Standard 71.1.1: New Standard. Standard 71.5.1: New Standard. Appendix H: STANDARD TITLES H-10 – 46.3.4 changed to Hazemat Awareness. H-16 – 81.2.14 moved to 82.2.5 (H-17). H-16 – 81.2.15 changed to 81.2.14. Change Notice 2.4 (December 2008) Standard 1.3.6: Commentary language change. Standard 1.3.9: Commentary language change. Appendix A: GLOSSARY – Added new terms: PHOTOGRAPHIC LINEUP PHYSICAL LINEUP SHOW-UP Appendix H: STANDARD TITLES H-9 – Added 42.2.11 and 42.2.12. Index Index-4 – Added Eyewitness identification Index-6 – Added Line-up Index 8 – Show-up Change Notice 2.5 (March 2009) Standard 1.3.1: Standard language change. Standard 1.3.9: Standard language change. Chapter 2 Introduction: Language change Standard 2.1.3: Standard and Commentary language change. Standard 22.3.3: New. Standard 22.3.4: Renumbered from 22.3.3. Standard 22.3.5: Renumbered from 22.3.4. Chapter 46 Introduction: Language change Standard 46.1.2: Standard language change. Standard 46.1.9: Commentary language change. Standard 83.2.2: Standard language change. Appendix H: STANDARD TITLES H-4 – Added 22.3.3 H-5 – Changed 22.3.3 to 22.3.4 H-5 – Changed 22.3.4 to 22.3.5 ACKNOWLEDGEMENTS The Commission is deeply indebted to the 2005 Recognition Standards Review Committee members who unselfishly gave of their time and energy to complete the top-to-bottom review of the Recognition Standards for Law Enforcement Agencies manual (first edition) approved in July 2000. • Group 1 (Administration) o Michael French (chair), Chief, Goffstown (NH) Police Department o Philip Potter, Chief, Huntersville (NC) Police Department • Group 2 (Personnel) o Ray Johnson (chair), Chief, Chesterfield (MO) Police Department o Ronald Ferrell, Chief, Mason (OH) Police Department • Group 3 (Operations) o James Carmody (chair), Major, Port Huron (MI) Police Department o James Fox, Chief, Newport News (VA) Police Department • Group 4 (Support) o Grayson Robinson, Sheriff, Arapahoe County (CO) Sheriff’s Office o Dorris Certain, Accreditation Manager, University Park (TX) Police Department o Larry Button, Chief Administrative Officer, Peel (ON) Regional Police Service Special thanks are extended to Commissioner Louis Dekmar who served as chair of the 2005 Recognition Standards Review Committee. Karen Shepard, Program Manager, served as the CALEA Staff Liaison. 2006 Commission: James O’Dell, President, Chief, Kettering (OH) Police Department Mary Ann Viverette, Vice President, Chief, Gaithersburg (MD) Police Department Robert Greenlaw, Secretary, Director, Northwest Bergen (NJ) Central Dispatch Patrick Oliver, Treasurer, Director, Cedarville University (OH) Criminal Justice Program Ron Ace, Chief (R), Concord (CA) Police Department Charles Austin, City Manager, Columbia (SC) Theron Bowman, Chief, Arlington (TX) Police Department Louis Dekmar, Chief, LaGrange (GA) Police Department Donald Eslinger, Sheriff, Seminole County (FL) Sheriff’s Office John Glover, Vice President (R), Bristol-Myers Squibb Company (NY) Jack Greene, Professor, Northeastern University (MA) College of Criminal Justice Richard Holden, Colonel (R), North Carolina State Highway Patrol Ted Kamatchus, Sheriff, Marshall County (IA) Sheriff’s Office John LaFlamme, Chief (R), Lethbridge (AL) Police Service A. DeWade Langley, Director, Oklahoma State Bureau of Investigation Joseph Polisar, Chief, Garden Grove (CA) Police Department James Robey, County Executive, Howard County (MD) J. Grayson Robinson, Sheriff, Arapahoe County (CO) Sheriff’s Office Sam Sasaki, City Manager (R), Newport (OR) Rebecca Virgil-Giron, Secretary of State (NM) Grant Wegner, Judge, 16th Judicial Circuit (IL) RSLEA Copyright © 2006 CALEA iii July2009 2006 July 2006 Commission Staff: Sylvester Daughtry, Jr., Executive Director James D. Brown, Associate Director Antonio T. Beatty, Administrative Services Manager Christie L. Goddard, Program Manager Dennis M. Hyater, Program Manager Harold T. LeMay, Program Manager Stephen W. Mitchell, Program Manager Karen B. Shepard, Program Manager Reginald Newell, Planning/Research Coordinator Linda L. Phillips, Information Technology Coordinator Elaine K. Conner, Contract Specialist Wendi G. Jones, Administrative Assistant Janice L. Dixon, Program Specialist Rhonda O. Garner, Executive Assistant to the Executive Director Margaret L. Giglio, Program Assistant Maya M. Mitchell, Program Assistant July 2006 iv RSLEA Copyright © 2006 CALEA APPENDIX D Transition Policy D-1 APPENDIX E List of Time Sensitive Activities E-1 APPENDIX F List of Observation Standards F-1 APPENDIX G File Construction and Documentation G-1 APPENDIX H Standard Titles H-1 APPENDIX I Sample Size Table - Evidence Custodian Change Audit INDEX RSLEA Copyright © 2006 CALEA I-1 Index-1 xv JulyJuly 2009 2006 Commentary: In some jurisdictions where crime scene processors are required to go from one crime scene to another without the opportunity to return to a central point to replenish equipment and supplies, a specially built and equipped vehicle should be used, e.g., one having a portable power generator, ladder, and lights. Patrol officers and investigators who are appropriately trained may carry equipment in their vehicles for scene processing. It is important, however, that those who process the scene are equipped with necessary equipment to allow effective and timely processing of the scene. (M M M M) 83.2.5 A written directive establishes procedures for the seizure of computer equipment and other devices capable of storing data in an electronic format. Commentary: Devices capable of storing data are extremely sensitive to electrostatic discharge. Improper handling may cause damage to the device rendering it useless. Methods of collection and transportation of all types of storage media, powered or not, should be established. Simply powering a data storage device on or off can overwrite significant amounts of data causing the integrity of the potential evidence to be lost. All extraction and analysis of data stored on a device seized as evidence should be performed by persons that have received training in data forensics, and are familiar with the proper legal precedent for seizure of such evidence. (M M M M) 83.2.6 A written directive governs the preparation of a report by the person who processes a crime/traffic collision scene. Commentary: An accurate record of events that transpire at the scene in connection with the investigation is required at the time of trial. The directive may require such elements as the following to be included in the report: date and time of arrival at the scene; location of the crime; name of the victims, if known; name of suspect, if known; action taken at the scene, including the number of photographs taken, and whether measurements were made (yes or no); list of physical evidence recovered; and case file reference number. Other information that should be included when a crime scene processor is involved is the date and time a request for service was received, the name of the investigating officer, the disposition of the physical evidence and exposed negatives, and crime scene measurement information. (M M M M) 83.2.7 The agency has DNA evidence collection capabilities and written directives, which include: a. b. c. d. first responder responsibilities and precautions; procedures for the collection, storage, and transportation of DNA evidence; DNA evidence collection training requirements for persons collecting evidence; and procedures for the submission of DNA evidence to accredited laboratories. Commentary: A DNA (deoxyribonucleic acid) match is a major factor in solving cases where the identity of the offender is not known. The development of matching DNA has made a major impact on law enforcement and improvements in technology continue to advance this means of identification even with very small or old samples. For maximum success, law enforcement agencies must ensure that agency personnel have a good understanding of where DNA can be found, how to avoid contamination RSLEA Copyright © 2006 CALEA 83-3 July 2006 and preserve fragile DNA evidence. Agency personnel that specialize in evidence collection should have special training in collecting and preserving DNA samples for analysis. DNA samples should only be submitted to laboratories that are accredited for law enforcement DNA analysis. In the United States, only labs accredited by either the American Society of Crime Laboratory Directors/Laboratory Accreditation Board (ASCLD/LAB) or the National Forensic Science Technology Center (NFSTC) can perform DNA analysis for submission to the national DNA database, or NDIS (National DNA Indexing System) administered by the FBI. In Canada, all DNA evidence should be sent to the Royal Canadian Mounted Police for processing and submission to the National DNA Databank. (M M M M) 83.3 Evidence Handling 83.3.1 A written directive requires that materials and substances be collected from a known source, whenever available, for submission to the laboratory for comparison with physical evidence collected. Commentary: A significant degree of the value of laboratory examinations concerns the identification of substances and comparison of these with materials from known sources. This is true especially in the case of the study of hairs, fibers, fabrics, paint, glass, wood, soil, and tool marks. The location from which samples from a known source are taken is critical where fractures have occurred, such as in the case of glass, wood, paint, and metal. (M M M M) 83.3.2 A written directive establishes procedures for submitting evidence to a forensic laboratory, which include: a. b. c. d. e. identification of the person responsible for submitting the evidence; methods for packaging and transmitting evidence to the laboratory; types of documentation to accompany evidence when transmitted; receipts to ensure maintenance of chain of evidence; and stipulation that laboratory results be submitted in writing. Commentary: The written directive should specify procedures for submission of perishable evidence to the forensic laboratory, such as fresh blood, blood stained objects, other physiological stains and tissue, and biological materials. Large and bulky items, firearms, drugs, and other items should be prepared in a uniform manner that is consistent with the requirements of the receiving laboratory. The responsibility for requesting laboratory examinations and preparing and transmitting the evidence to the laboratory should be defined. Guidelines for the types and preparation of transmittal documents should be described. Chain of custody should be carefully maintained. Verbal reports from the laboratory may be accepted, but the agency should insist these be followed up by a written report. When the laboratory is part of the agency, the directive should specify that written reports of findings are provided. When a laboratory is not part of the agency, a transmittal letter or written request, as a part of the evidence transmittal form should be used to request a written report of laboratory findings. (M M M M) July2006 2009 July 83-4 RSLEA Copyright © 2006 CALEA Some items of in-custody property, by their very nature, require extra protection, security, and handling precautions. Items such as money, precious metals, jewelry, firearms, and drugs are some that should be considered. The agency may set its own guidelines and determine the degree of extra security required. Providing locked containers, such as vaults, lockers, or interior rooms, should satisfy the requirements of the standard. Further restrictions on access to certain areas also enhance security precautions. It is not necessary, however, for each type of item to have its own separate secure area. The agency should have access to secure refrigerated storage for perishable items, such as blood and urine specimens. If the agency maintains a lockable refrigerator on its premises for this purpose, use should be restricted to in-custody property and evidence. In addition to the general property room(s) or facilities, the agency needs to provide secure storage for large items such as vehicles, bicycles, appliances, and the like. Special areas and/or procedures should be provided. External areas, such as impoundment lots, are vulnerable. When assessing the degree of security to provide, the agency should weigh the importance of the property it is placing in these areas and the consequences if the property is stolen, damaged, or contaminated while in-custody. (M M M M) Compliance may be OBSERVED. 84.1.3 Secure facilities are provided for storage of in-custody or evidentiary property during periods when the property room is closed. Commentary: Provisions should be made for securing items of property when the property room is closed. Several methods can be followed to achieve this objective, such as installation and use of oneway drop boxes, lockers, and specially designed containers. (M M M M) Compliance may be OBSERVED. 84.1.4 A written directive establishes procedures to ensure security and accountability for controlled substances, weapons, or explosives used for investigative or training purposes. Commentary: Some agencies may choose to utilize seized or forfeited controlled substances, weapons, or explosives for investigative or training purposes. It is critical that the agency establish safeguards to maintain security and integrity of these items. The agency should establish guidelines for the periodic accounting of any item utilized in this manner. (M M M M) 84.1.5 Records reflect the status of all property held by the agency. Commentary: Fundamental to the operation of the property room is a records system that reflects the location of the property; date and time when the property was received or released; character, type, and amount of property on hand; and chain of custody from the time the property was stored until its destruction or other final disposition. Many agencies have successfully installed a “bar coding” system for property management. (M M M M) 84.1.6 In order to maintain a high degree of evidentiary integrity over agency controlled property and evidence, the following documented inspections, inventory, and audits shall be completed: RSLEA Copyright © 2006 CALEA 84-3 July 2006 a. an inspection to determine adherence to procedures used for the control of property is conducted semi-annually by the person responsible for the property and evidence control function or his/her designee; b. an audit of property occurs whenever the property and evidence custodian is assigned to and/ or transferred from the position and is conducted jointly by the newly designated property and evidence custodian and a designee of the CEO to ensure that records are correct and properly annotated; c. an annual audit of property and evidence held by the agency is conducted by a supervisor not routinely or directly connected with control of property and evidence; and d. unannounced inspections of property storage areas are conducted, as directed by the agency’s chief executive officer, at least once a year. Commentary: The purpose of this standard is to ensure the integrity of the in-custody property and evidence storage system. The inspection is conducted to determine that the property room is being maintained in a clean and orderly fashion, that the integrity of the property is being maintained, that provisions of agency orders or other directives concerning the property management system are being followed, that property is being protected from damage or deterioration, that proper accountability procedures are being maintained, and that property having no further evidentiary value is being disposed of promptly. During the joint audit associated with evidence custodian transfers, a sampling of the total amount of high risk (e.g., money, precious metals, jewelry, firearms, and drugs) property records under the agency’s care must be reviewed with respect to documentation and accountability. Appendix I should be used to determine the appropriate sample size for high risk items. An error rate that exceeds four percent will require a full inventory of high risk items. For general property the audit associated with evidence custodian transfers should be sufficient to ensure the integrity of the system and accountability of property. The person assuming custody of the property should ensure that records are current and properly annotated. All discrepancies should be recorded prior to the assumption of property accountability by the newly appointed custodian. The purpose of the annual audit is to ensure the continuity of custody and not to require the accounting of every single item of property. The audit should be sufficient to ensure the integrity of the system and the accountability of property. The annual audit should be a significant representative sampling of property including high-risk items. The person named to conduct the audit should be appointed by the agency’s chief executive officer. Under no circumstances should that inspector be appointed by supervisory or command officers having the property function under their control. The unannounced inspection is not meant to be a time consuming task. It can be as simple as the chief executive officer, or their designee, entering the property and evidence areas and inspecting for cleanliness, orderliness and tracing a few pieces of property and evidence to assure they are in the proper place as stated in the area’s records. (M M M M) 84.1.7 Final disposition of found, recovered, and evidentiary property is accomplished within six months after legal requirements have been satisfied. July July2009 2006 84-4 RSLEA Copyright © 2006 CALEA Commentary: Prompt, authorized property removal (final disposition/destruction) prevents an overload on the property management system and reduces the requirement for additional storage space. Also, the lack of prompt disposition procedures further deprives owners of the use of their property. Law enforcement agencies should establish procedures for the prompt photographing and return of property to victims, with the prosecutor’s approval. (O O O O) 84.1.8 All property acquired through the civil process function or asset forfeiture proceedings are accounted for in agency records and is disposed of by the agency pursuant to legal authority. Commentary: Federal laws, and in most cases, state and provincial laws regulating the seizure and disposition of property forfeited should be incorporated into the agency’s procedures. (M M M M) RSLEA Copyright © 2006 CALEA 84-5 2006 July 2009 APPENDIX A GLOSSARY A ABANDONMENT: The situation when a child is told or forced to leave home overnight, or is prevented from returning home overnight by a parent or household adult when no adequate alternative care is arranged, or a child’s caretaker makes no effort to recover a child who has run away, or who has been deserted. ACADEMY: A facility at which agency training programs are conducted, usually housing classrooms, gymnasium, library, and offices for academy instructors and staff. Other facilities, such as a firing range and driver-training track, are usually considered to be part of the academy but may not necessarily be located at the same site. The academy may be located at or near headquarters, on the campus of an institution of higher education, or at some other location. ADMINISTRATIVE REVIEW: A documented review of an incident or occurrence prepared by or for the CEO or his/her designee. The review should indicate whether policy, training, equipment, or disciplinary issues should be addressed. ALL HAZARD PLAN: See Emergency Operation Plan. AMBER ALERT: (America’s Missing: Broadcast Emergency Response plan) Law enforcement, media/broadcasters, transportation and other partners working together to disseminate information to the public in response to the most serious child abduction cases. The twelve elements of an AMBER plan include: the name of plan, stakeholders, memorandum of understanding, criteria, quality control, measures, activation protocol, tools to activate, technology training, phone bank, after action reports and oversight committee. ANALYSIS: A systematic, structured process for dissecting an event into its basic parts to identify any patterns or trends. Analysis should reveal patterns or trends that could be predictive or could indicate program effectiveness, training needs, equipment upgrade needs and/or policy modification needs. APPLICANT: Any person who applies or makes formal application for employment. ARREST: To deprive a person of his/her liberty by legal authority. (Black’s Law Dictionary.) (See Custody; Full-Custody Arrest; Physical Arrest.) ARRESTING OFFICER: A sworn law enforcement officer who takes a person into custody, with or without a warrant. ASSESSMENT CENTER: A standardized evaluation of behavior based upon multiple sources of input and using trained observers and multiple techniques. Judgments about behavior are made from specially RSLEA Copyright © 2006 CALEA A-1 July 2009 November 2007 developed assessment exercises designed to measure the participant’s performance in specific job-related tasks and situations. AT RISK PERSONS: Any person who is physically or mentally challenged and who poses a risk to themselves or others, e.g., mental disorders, suicidal, Alzheimer’s patients, or diabetics. AUDIT: (Standard 17.4.3) A sampling and review of financial records and practices that conforms to generally accepted standards as prescribed by the American Institute of Certified Public Accountants, Government Finance Officers Association, or local legislation. (Standard 84.1.6b) A documented accounting of high-risk items (e.g. cash, precious metals, jewelry, firearms, and drugs) and other evidence and non-agency property to establish that all property is accounted for and records can reasonably be assumed correct. For high-risk items this requires a two-tailed random sampling method be applied to achieve a 95% confidence level with a confidence interval of +/- 3 percent. If the sampling method reveals discrepancies in the records of the evidence/property that exceeds a 4% error rate, a 100% inventory must be conducted on all high-risk items and additional sampling of items in general storage to the satisfaction of the CEO, to re-establish the accuracy of all records. (Standard 84.1.6c) A significant representative sampling of property including high-risk items. AUXILIARY: A non-sworn, unarmed, uniformed or non-uniformed, affiliate whose duties contribute to the mission of the agency in a support capacity. Included are police volunteers, law enforcement cadets, law enforcement explorers, senior citizen groups, and other volunteers. Excluded are part-time paid employees of the agency and reserve officers. AVAILABLE WORK FORCE: The largest potential group or number of individuals eligible, qualified, and capable of assuming specific activities and responsibilities. B BIAS BASED PROFILING: The selection of an individual(s) for enforcement action based solely on a trait common to a group. This includes, but is not limited to, race, ethnic background, gender, sexual orientation, religion, economic status, age, cultural group, or any other identifiable group. BOOKING: A procedure for admitting to a holding facility a person charged with an offense; includes searching, fingerprinting, photographing, medical screening, collecting personal history data, and inventorying and storing a person’s property. C CANDIDATES: Persons seeking employment who meet the minimum requirements of the agency and have completed a formal application. CAREER COUNSELING: The relationship (process) between trained counselor and employee that is designed to facilitate an employee’s career choices, comprehension of career goals, and achievement of career goals through meaningful and well-informed choices. July 2009 A-2 RSLEA Copyright © 2006 CALEA CAREER DEVELOPMENT ACTIVITIES: An organized and supervised set of duties or functions designed to stimulate learning, e.g., counseling, training, job rotations. CHAIN OF COMMAND: Formal lines of communication going downward or upward within the organizational hierarchy through each successive level of command. CIRCLE SYSTEM: A series of fixed roadblocks intended to contain a vehicle or suspect in a given area. CIRCULATION PATTERNS: Concern the movement of persons from place to place and for purposes of Chapter 73 standards are divided into three distinct routes. The first pattern is for the movement of the general public, who are usually allowed free movement from place to place, excluding restricted areas. The second pattern provides controlled access in areas used by judges, officers of the court, juries, or visitors whose presence is under control; in many instances, this pattern is also used to move prisoners under escort from a detention area to court and back. The third pattern is under the control of sworn law enforcement officers or custodial officers and is used exclusively for the movement of prisoners and may contain holding areas. The secure area is inaccessible by other than authorized personnel. CIVIL ARREST: A civil arrest is made pursuant to a written order by a judge of a competent jurisdiction in a civil action or proceeding. Such written orders may be given by a supreme court, the family court, county court, district court, or the surrogate’s court, depending upon the area of the country. CIVIL PROCESS: Those writs, summonses, mandates, or other process issuing from a court of law or equity pertaining to a cause of action of a civil nature. The term includes original, intermediate, and final process to be served by the agency in any action involving civil litigants. CIVILIAN: A non-sworn person having no arrest authority as defined in “sworn officer” and “fullcustody arrest.” Civilians may be employed or affiliated with a law enforcement agency in a variety of supporting roles and may be uniformed, but lack the authority to make a full-custody arrest. CLASS: A grouping of jobs for which duties, responsibilities, qualifications, and conditions of employment are sufficiently alike to justify the same treatment with respect to personnel practices. (See Position for the differentiation among class, job, and position.) CLASS SPECIFICATION: An official statement or guideline about the general duties, responsibilities, and qualifications involved in the kinds of jobs included in the same class. COMMENTARY: The “commentary” is the second of the three parts of a “standard” (standard statement, commentary, and levels of compliance). The commentary supports the standard statement but is not binding. The commentary can serve as a prompt, as guidance to clarify the intent of the standard, or as an example of one possible way to comply with the standard. COMPONENT: See Organizational Component. CONSTANT SUPERVISION: The direct, personal supervision and control of a detainee by the attending officer who can immediately intervene on behalf of the agency or the detainee. RSLEA Copyright © 2006 CALEA A-3 July 2009 CONTRABAND: Any item that is illegal to possess, to include items that are not permitted within a holding facility because of their possible use to disrupt security measures within the facility. COUNSELING: The giving of advice; advising. As used: discussions between the rated employee and rater leading to advice to the former concerning performance or career development. COURT HOLDING FACILITY: A holding facility located in or adjacent to a court and outside the confines of a jail, where detainees await their court appearance. COURT SECURITY OFFICER: A person, employed by the law enforcement agency, who performs or who is responsible for the court security function. CRIMINAL PROCESS: Those writs, summonses, mandates, warrants, or other process issuing from a court of law compelling a person to answer for a crime. The term also includes process issued to aid in crime detection or suppression, such as search warrants. CRITICAL INCIDENT: An occurrence or event, natural or human-caused, which requires an emergency response to protect life or property. Incidents can, for example, include major disasters, emergencies, terrorist attacks, terrorist threats, wild land and urban fires, floods, hazardous materials spills, nuclear accidents, aircraft accidents, earthquakes, hurricanes, tornadoes, tropical storms, warrelated disasters, public health and medical emergencies, and other occurrences requiring an emergency response, such as major planned events and law enforcement incidents. CRITICAL MISSING: A reported missing person who is missing and foul play may be a factor; or any child (as defined by the local jurisdiction) or any at risk person. CUSTODY: Legal or physical control of a person in an area or facility or while in transit; legal, supervisory, or physical responsibility for a person. (See Arrest; Full-Custody Arrest; Physical Arrest.) D DEMONSTRATED PROFICIENCY: Attaining and demonstrating a knowledge of the laws concerning the use of authorized weapons and knowledge of agency policy(s) on the use of force, escalating force, and deadly force; and being familiar with recognized safe-handling procedures for the use of these weapons. The instruction on and qualification with all weapons should be provided by a certified weapons instructor. Proficiency for firearms includes qualifying on a prescribed course. Proficiency for electronic control weapons includes successfully loading, unloading, deploying and discharging the prongs of the weapon on an annual basis. DETAINEE: A person in the custody of agency personnel and whose freedom of movement is at the will of agency personnel. DISABLED DETAINEE: A detainee with an anatomical, physiological, or mental impairment that hinders mobility. DIVERSION: In the broadest sense, any procedure that (1) substitutes non-entry for official entry into the justice process, (2) substitutes the suspension of criminal or juvenile proceedings for the continuation July 2009 A-4 RSLEA Copyright © 2006 CALEA of those proceedings, (3) substitutes lesser supervision or referral to a non-justice agency or no supervision for conventional supervision, or (4) substitutes any kind of non-confinement status for confinement. E EMERGENCY OPERATION PLAN (EOP): Commonly referred to as an “ALL HAZARD PLAN,” an EOP is a written plan containing general objectives reflecting the overall strategy for responding to and managing critical incidents. The plan defines the scope of preparedness and incident management activity required of the agency, and is flexible enough for use in all emergencies. EMOTIONAL STABILITY/PSYCHOLOGICAL FITNESS EXAMINATION: Professional screening designed to identify candidate behavior patterns and/or personality traits that may prove either deleterious or advantageous to successful job performance. EMPLOYEE ASSISTANCE PROGRAM (EAP): A formal program designed to assist in the identification and resolution of concerns or problems (personal or job related), which may adversely affect an employee’s personal or professional well-being or job performance. These personal concerns may include, but are not limited to, health, marital status, family, financial, substance abuse, emotional/stress, and other personal matters. EQUAL EMPLOYMENT OPPORTUNITY: The provision of equitable opportunities for employment and conditions of employment to all employees regardless of race, creed, color, age, sex, religion, national origin, or physical impairment. Where a recruitment plan focuses on additional recruitment steps to be taken to increase the likelihood of hiring a member of an underrepresented group, EEO focuses on ensuring that applicants are treated fairly in the selection process (and in other personnel activities) by giving them the same opportunities for employment. The role of equal opportunity is to create a “level playing field” for all applicants and employees. An equal employment opportunity plan is a document that is designed to state the steps the agency intends to take to ensure that there are no artificial barriers that would prevent members of a protected group from a fair and equitable opportunity to be hired, promoted, or to otherwise take advantage of employment opportunities. EVALUATION: A careful appraisal and study to determine the significance and/or worth or condition, and to draw conclusions pertaining to an item, project, or undertaking. EXECUTION: The performance of an act required by a writ, warrant, or other legal process commanding the seizure of a person or thing, as opposed to mere delivery of an instrument without any concomitant seizure. For the purposes of Chapter 74, a legal attachment is deemed an execution. EXERCISE: Gathering of individuals inclusive of government and private sector persons, to develop plans, practice simulated implementation, and to discuss each agency’s role in handling unusual occurrence incidents. This could include tabletop, functional, and/or full field exercises. RSLEA Copyright © 2006 CALEA A-5 July 2009 F FIELD TRAINING: A structured and closely supervised program provided to recruit officers to facilitate the application of skills and knowledge obtained in the academy/classroom to actual performance in on-the-job situations. FIELD TRAINING OFFICER (FTO): An officer who has been carefully selected and trained to deliver the field training program to recruit officers. FIXED ROADBLOCK: A full or partial roadblock established at a fixed point. FOLLOW-UP INVESTIGATION: An extension of the preliminary investigation. The purpose is to provide additional investigation in order to close a case, arrest an offender, and/or recover stolen property. FORMAL APPLICATION: A written form used to express interest in employment and to request information on a person’s basic occupational qualifications, work experience, educational background, training, and special skills or abilities. FULL-CUSTODY ARREST: Arrest authority, with or without a warrant, which includes the legal authority to physically remove a person from their location, taking that person to a place of confinement or judicial authority. For interpretive purposes, the line of demarcation between sworn and non-sworn (or civilian) agency personnel exists with the authority to make a full-custody arrest. A sworn officer has authority to make a full-custody arrest; a non-sworn person does not. Non-sworn personnel (civilians) may have limited authority to stop and detain persons (such as authority granted security guards), or stop and issue a notice to appear in court (such as authority granted traffic enforcement aides), but they do not possess authority to make a full-custody arrest. A full-custody arrest includes the authority to deny persons their freedom, using force if necessary, to effect the arrest. (See Arrest, Custody; Physical Arrest.) FUNCTION: A general term for the required or expected activity of a person or an organizational component, e.g., patrol function, communications function, the planning function, the crime analysis function. G GENERAL ORDER: A term used by some agencies to describe directives of a long standing nature concerned with policy, rules, and procedures affecting more than one organizational component. GOAL: A relatively broad statement of the end or result that one intends ultimately to achieve. A goal usually requires a relatively long time span to achieve and, whenever possible, should be stated in a way that permits measurement of its achievement. H July 2009 A-6 RSLEA Copyright © 2006 CALEA HOLDING FACILITY: A confinement facility outside of a jail where detainees are housed, receive meals, and can be detained for periods involving days and overnight stays for a period of not more than 72 hours, excluding holidays and weekends. I IDENTITY THEFT: The wrongful use of another person’s identifying information, such as credit card, social security, or driver’s license numbers to commit financial or other crimes. INCIDENT: An event that requires law enforcement action, documentation, or the dispatching of agency personnel in response to citizen requests for law enforcement services. This includes any incident, whether criminal or non-criminal, which involves a response to the scene, an investigation, or the preparation of an oral or written report. INCIDENT COMMAND SYSTEM (ICS): A system for command, control, and coordination of a response that provides a means to coordinate the efforts of individual persons and agencies as they work toward the common goal of stabilizing an incident while protecting life, property and the environment. There are five major components: command, planning, operation, logistics, and finance/administration. IN CUSTODY: Being under the full control of a law enforcement officer. (See Full-Custody Arrest.) IN-SERVICE TRAINING: Training in addition to recruit training, which may include periodic retraining or refresher training, specialized training, career development, promotional training, advanced training, and shift briefing training. INSPECTION: A careful and critical examination; a formal review of all components of a particular requirement and an examination of their application. INSTITUTION: A facility that confines persons against their will and/or provides care for persons, e.g., mentally ill, adult or juvenile offenders. INTAKE: The point at which a juvenile offender enters the juvenile justice system. “Intake” may be initiated on request of the law enforcement agency, but the intake process is generally supervised by a probation agency, juvenile court, or special intake unit. INVENTORY: A detailed, itemized list, report, or record of items in one’s possession or the process of making such a list, report, or record. (Standard 17.5.1) A detailed itemized list of agency owned or controlled property in possession of the agency, which includes a definition (or value) of what is to be itemized, and a written certification by the person conducting the listing. RSLEA Copyright © 2006 CALEA A-7 July 2009 J JAIL: A confinement facility where detainees are housed in excess of 72 hours. JOB DESCRIPTION: An official written statement setting forth the duties and responsibilities of a job, and the skills, knowledge, and abilities necessary to perform it. JOB RELATED: A procedure, test, or requirement either predictive of job performance or indicative of the work behavior expected or necessary in the position. L LATERAL ENTRY: The hiring of new employees at advanced ranks or salary based on prior experience elsewhere and/or other job credentials. LAW ENFORCEMENT SERVICES UNDER CONTRACT: The provision of paid law enforcement services in accordance with a written contract. This does not encompass a situation in which an individual performs services for an agency under a personal services contract. LEGAL PROCESS: Any item of civil or criminal process, whether original, intermediate, or final that is valid on its face and is to be served or executed by the law enforcement agency. LESSON PLAN: A detailed guide from which an instructor teaches. The plan includes the goals, specific subject matter, performance objectives, references, resources, and method of evaluating or testing students. LINE INSPECTION: Inspection conducted by personnel in control of the persons, facilities, procedures, or other elements being inspected. Line inspection may be carried out by any supervisor within the chain of command and is often conducted by supervisory personnel who may also be responsible for ensuring that any substandard conditions revealed in the inspection are corrected. M MEMORANDUM: An informal, written document that may or may not convey an order; it is generally used to clarify, inform, or inquire. MENTAL ILLNESS: Any condition characterized by impairment of an individual’s normal cognitive, emotional, or behavioral functioning, and caused by social, psychological, biochemical, genetic, or other factors, such as infection or head trauma. MOVING ROADBLOCK: Use of one or more moving vehicles to block the roadway and prevent approaching vehicles from continuing. July 2009 A-8 RSLEA Copyright © 2006 CALEA N NATIONAL INCIDENT MANAGEMENT SYSTEM (NIMS): A system for incident management that provides a consistent nationwide approach for federal, state, local and non-governmental organizations to work effectively and efficiently to prepare for, respond to, and recover from domestic incidents, regardless of cause, size, or complexity. O OBJECTIVE: An objective is an end or result that one intends to attain in order to achieve partial fulfillment of a goal. An objective is a subgoal or an element of a goal, and therefore, requires a shorter time to accomplish than does a goal. ORGANIZATIONAL COMPONENT: A subdivision of the agency, such as a bureau, division, section, unit, or position that is established to provide a specific function. OUTSIDE ACADEMY: An academy not operated by the agency, such as a regional or state training academy providing recruit, in-service, or specialized training. P PERSONNEL EARLY WARNING SYSTEM: A system for the early identification of agency employees who may need some type of corrective action or intervention and a procedure for collecting and evaluating materials required for implementing such corrective action. PERSONAL EQUIPMENT: Equipment items issued and/or approved by the agency for employee use, e.g., badge, baton and holder, belts, cartridge carrier, departmental and rank insignia, flashlight, handcuffs and case, notebook, raincoat and cap cover, side arm and holster, tear gas canister, and whistle. PHOTOGRAPHIC LINEUP: A selected group of photographs of persons presented to a witness containing a single suspect and several fillers for the purpose of determining whether the witness is able to identify the suspect as the perpetrator of the crime. PHYSICAL ARREST: Any enforcement action that consists of taking persons into custody for the purpose of holding or detaining them to answer a charge of law violation before the court. (See Arrest; Custody; Full Custody Arrest.) PHYSICAL LINEUP: A selected group of persons presented to a witness containing a suspect and several fillers for the purpose of determining whether the witness is able to identify the suspect as the perpetrator of the crime. PHYSICAL PLANT: The real property facilities housing the agency, its employees and property, including buildings, garages, and other structures. For a holding facility, its physical confines, including the reception area, sallyport, holding cells, and related spaces. If used only for booking detainees into the holding facility, the booking area is also included. RSLEA Copyright © 2006 CALEA A-9 July 2009 PLAN: Documented identification of methods to achieve desirable goals or conditions. POLICY: A written directive that is a broad statement of agency principles. Policy statements may be characterized by such words as “may” or “should” and usually do not establish fixed rules or set procedures for conduct of a particular activity but rather provide a framework for development of procedures and rules and regulations. POSITION: The duties and responsibilities, or work, assignable to one employee. A position may be filled or vacant. For purposes of comparison, a patrol officer assigned as a court officer would occupy a “position.” Patrol officer would be the “job.” A position may have functional responsibility for a single task, e.g., court officer, patrol officer, crime prevention officer, or over several combined tasks, e.g., administrative lieutenant responsible for planning, budget, staff inspections, and internal affairs. PRELIMINARY INVESTIGATION: Generally, the activity that begins when personnel arrive at the scene of an incident. The activity should continue until such time as a postponement of the investigation or transfer of responsibility will not jeopardize the successful completion of the investigation. PROCEDURE: A written directive that is a guideline for carrying out agency activities. A procedure may be made mandatory in tone through the use of “shall” rather than “should,” or “must” rather than “may.” Procedures sometimes allow some latitude and discretion in carrying out an activity. PROCESSING: Includes pre-booking activities involving detainees in custody, after which detainees may either be released from custody by one of several means or be escorted to a holding facility, at which time they would be booked. PROPERTY AND EVIDENCE CUSTODIAN: The person who holds authority for the day to day supervision and operation of the property and evidence function. PURSUIT: An active attempt by a law enforcement officer in a motor vehicle to apprehend one or more occupants of another moving motor vehicle, where the driver of the fleeing vehicle is aware of the attempt and is resisting apprehension. R REASONABLE BELIEF: The facts or circumstances the officer knows, or should know, are such as to cause an ordinary and prudent person to act or think in a similar way under similar circumstances. RECRUITMENT ACTIVITIES: A systematic method of seeking potentially qualified job applicants. RECRUITMENT LITERATURE: Written materials or brochures designed to attract qualified applicants for jobs. RECRUITMENT PLAN: A written plan for actively recruiting underrepresented minorities and women. A recruitment plan assumes the agency is doing more than just fairly implementing their selection procedures and instruments, e.g., providing equal opportunity. Proactive recruitment requires additional July 2009 A-10 RSLEA Copyright © 2006 CALEA steps, where necessary, to increase the likelihood of attracting qualified applicants of protected groups that are insufficiently represented in the agency’s sworn ranks. REMEDIAL TRAINING: Personalized training to correct a specific deficiency, which is usually identified by either testing or other evaluation during training or supervisory evaluation during routine job performance. RESERVE: A sworn officer, armed or unarmed, who works less than full time, with or without compensation, and who, by their assigned function or as implied by their uniform, performs duties associated with those of a police officer. RESTRAINING DEVICES: Equipment used to restrain the movement of the prisoner, such as handcuffs, flex-cuffs, waist chains, ankle chains, restraining straps, straight jackets, or tie-down stretchers. REVIEW: To examine or study; less formal than an analysis. ROADBLOCK: A restriction, obstruction, or device used or intended for the purpose of preventing free passage of motor vehicles on a roadway in order to effect the apprehension of a suspect. ROAD SIDE SAFETY CHECK: A temporary operation in which law enforcement or other authorized personnel stop some or all traffic to inspect individual vehicles or their contents or to interview drivers. RULES AND REGULATIONS: A set of specific guidelines to which all employees must adhere. S SALARY AUGMENTATION: Pay that is added to the base salary of the employee. Such augmentation may be considered as premium pay, merit pay, differential pay, or a temporary increase because of a temporary assignment to a position with higher base salary. SEARCH AND RESCUE: A coordinated effort to locate individuals missing in a wilderness area, in large bodies of water, or elsewhere. Search and rescue missions usually involve use of aircraft, boats, or other special purpose vehicles and specialized personnel such as scuba divers, mountain climbers, or spelunkers. SECONDARY EMPLOYMENT: Any outside employment, which is either extra-duty or off-duty. Extra-duty employment is any secondary employment that is conditioned on the actual or potential use of law enforcement powers by the officer-employee. Off-duty employment is any secondary employment that is not conditioned on the actual or potential use of law enforcement powers by the off-duty employee. SECURITY HAZARD: Any threat to the security of the prisoner, to the facility in which he or she is held, or to others with whom the prisoner may come into contact. Estimations of the degree of security hazard will govern the means of transport, the kinds of restraining devices to be used, and other actions to be taken by the escort officer to provide proper protection for and security of the prisoner. RSLEA Copyright © 2006 CALEA A-11 July 2009 SECURITY SURVEY: An on-site examination and analysis of security needs that determines the nature and degree of the threat, the exact kind and degree of protective measures used, and the precise kinds of security measures that are required and recommends the appropriate policies, procedures, and equipment needed for the security function. SELECTION CRITERIA: Rules, standards, procedures, or directives upon which a judgment or decision concerning employment can be based. SELECTION MATERIALS: All written tests, test scores, answer sheets, study materials, evaluations, ratings, questionnaires, reports, and forms used in the selection process that have a bearing upon the employment decision. SELECTION PROCEDURE: Any established method or combination of methods used in any way as the basis for an employment decision. SELECTION PROCESS: The combined effect of components and procedures leading to the final employment decision, including minimum qualifications, e.g., education, experience, physical attributes, citizenship, residency-written tests, performance tests, oral exams, interviews, background investigations, medical exams, polygraph tests, police academy ratings, probationary period ratings, personality inventories, interest inventories, psychiatric evaluations, veteran’s preference, cut-off scores, and ranking procedures. SERIOUS PHYSICAL INJURY: A bodily injury that creates a substantial risk of death; causes serious, permanent disfigurement; or results in long-term loss or impairment of the functioning of any bodily member or organ. SERVICE: The delivery of any item of civil process that is complete with the act of delivery and does not require physical or legal seizure of a person or thing. SEXUAL HARASSMENT: Unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature, constitute sexual harassment when (1) submission to such conduct is made either explicitly or implicitly a term or condition of an individual’s employment, (2) submission to or rejection of such conduct by an individual is used as the basis for employment decisions affecting such individual, or (3) such conduct has the purpose or effect of unreasonably interfering with an individual’s work performance or creating an intimidating, hostile, or offensive working environment. SHIFT BRIEFING: Training or informational sessions of short duration administered to law enforcement personnel just prior to, or after, their tour of duty. SHOW-UP: A witness views a single suspect for purposes of identification of the suspect as the perpetrator of the crime. SKILLS, KNOWLEDGE, AND ABILITIES: Skills are the proficiency with which an individual performs. Knowledge is a body of information or the understanding gained through learning, education, experience, or associations. Abilities are processes required to perform the various job responsibilities. SPECIAL EVENT: An activity, such as a parade, athletic contest, or public demonstration, that results in the need for control of traffic, crowds, or crimes. July 2009 A-12 RSLEA Copyright © 2006 CALEA SPECIAL PURPOSE VEHICLE: A vehicle that requires special training or authorization for deployment. This includes, but is not limited to: SWAT trucks, bomb disposal vehicles, mobile command posts, aircraft, watercraft, and motorcycles. Bicycles, all-terrain vehicles, snowmobiles, and Segways may fall under the definition of a special purpose vehicle, if the agency or law requires special licensing or training prior to their use. SPECIALIZED ASSIGNMENT: An assignment often characterized by increased levels of responsibility and specialized training, but within a given position classification; a specialized assignment may involve higher pay or additional benefits. SPECIALIZED TRAINING: Training to enhance skills, knowledge, and abilities taught in either recruit or other in-service programs. Specialized training may address supervisory, management, and/or executive development training, or it may include technical and job-specific subjects, e.g., homicide investigation, fingerprint examination, juvenile investigation. SPECIAL ORDER: A directive affecting only a specific segment of the organization or a statement of policy or procedure regarding a specific circumstance or event that is of a temporary nature. STAFF INSPECTION: Inspection conducted by personnel who do not have control of the persons, facilities, or procedures being inspected. Staff inspectors in larger agencies are generally members of a specialized component responsible for conducting inspections throughout the agency. The results of staff inspections are usually reported to the agency’s chief executive officer. STATUS OFFENSE: An act or conduct declared by statute to be an offense only when committed or engaged in by a juvenile, and adjudicated only by a juvenile court. SWORN OFFICER: A person who is granted those general peace officer powers prescribed by constitution, statute, or ordinance in the jurisdiction, including those persons who possess authority to make a full-custody arrest for limited or specific violations of law within the same jurisdiction. T TACTICAL TEAM: A group of officers who are specially selected, trained, and equipped to handle high-risk incidents, such as those involving snipers, barricaded persons, hostage-takers, selected warrant services, and other situations or activities as deemed necessary by command leadership. TASK: A unit of work performed by an individual to accomplish the goal of a job. TASK ANALYSIS: A systematic, structured process for dissecting a job into its basic parts. A task analysis identifies the important or essential elements of a job, the key work behaviors, and the knowledge, skills, and abilities required for these work behaviors. TASK FORCE: Any combination of resources assembled to support a specific mission or operational need. All resource elements with in a Task Force must have common communications and a designated leader. RSLEA Copyright © 2006 CALEA A-13 July 2009 TEMPORARY DETENTION: Temporary detention is measured in hours and does not involve housing or feeding detainees except in extenuating circumstances. TERRORISM: Under the Homeland Security Act of 2002, terrorism is defined as activity that involves an act dangerous to human life or potentially destructive of critical infrastructure or key resources and is a violation of the criminal laws of the United States or of any State or other subdivision of the United States in which it occurs and is intended to intimidate or coerce the civilian population or influence a government or affect the conduct of a government by mass destruction, assassination, or kidnapping. TRAFFIC ENGINEERING AUTHORITIES: Persons responsible for traffic engineering in various local, regional, and state agencies, e.g., street or highway department, public works department, transportation department. TRAFFIC SURVEY: An examination of traffic characteristics, such as volume, speed, delay, accidents, origin, destination, etc. TRANSPORT VEHICLE: The vehicle used for transporting a prisoner from one point to another. The transport vehicle may be the patrol vehicle, such as in the case of transporting a prisoner after an arrest; a vehicle of a correction facility designated for prisoner transport but also used for other purposes; or a specially designed prisoner transport vehicle, such as a bus or van. This term does not refer to commercial vehicles, such as buses, trains, or airplanes that may be used for prisoner transport. TRANSPORTING OFFICER: A person who is responsible for transporting a prisoner from one point to another. This may be the arresting officer or another agency employee who is assigned to the responsibility for transport. U UNITY OF COMMAND: The concept that each individual in the organization has one, and only one, immediate supervisor. UNIFIED COMMAND: Unified Command allows agencies with different legal, geographic, and functional authorities and responsibilities to work together effectively without affecting individual agency authority, responsibility, or accountability. UNLAWFUL HARASSMENT: Conduct that has the purpose or effect of unreasonably interfering with an individual’s work performance or creating an intimidating, hostile, or offensive working environment. V VALIDITY: Proof through statistical data that a given component of the selection process is job related either by predicting a candidate’s job performance or by detecting important aspects of the work behavior related to the position. July 2009 A-14 RSLEA Copyright © 2006 CALEA VICTIM: A person who suffers physical, financial, or emotional harm as the direct result of a specified crime committed upon his or her person or property. VIP: A “very important person,” dignitary, famous personality, notorious person, or any other person in need of special security. VOLUNTEERS: See Auxiliary. W WORKLOAD: The sum total of cases and other measurable activities occurring within a given area or time period. WRITTEN DIRECTIVE: Any written document used to guide or affect the performance or conduct of agency employees. The term includes policies, procedures, rules and regulations, general orders, special orders, memorandums, and instructional material. RSLEA Copyright © 2006 CALEA A-15 July 2009 APPENDIX I SAMPLE SIZE TABLE EVIDENCE CUSTODIAN CHANGE AUDITS The below table has been developed as a tool for use by agencies when determining the appropriate sample size for conducting audits of high risk property as required by Standard 84.1.6 (b) – Evidence Audits. This table only applies to high risk property and only for those circumstances when there is a change in evidence custodian. The sample sizes in this table have been calculated based on a 95 percent confidence level and a confidence interval of +/- 3 percent. When using this table, agencies should determine the total amount of high risk property they currently possess and find that number under “Pieces of High Risk Evidence/Property”. The corresponding “Required Sample Size” should be applied when conducting the respective audit. If the exact number for “Pieces of High Risk Evidence/Property” is not listed, the next higher number should be used. If an error rate of more than 4 percent is discovered when conducting the audit, a complete inventory of the high risk property must be performed. However, agencies should consider a complete inventory when other factors suggest it is necessary. Pieces of High Risk Evidence/Property 100 250 500 1000 1500 2000 2500 3000 3500 4000 4500 5000 5500 6000 6500 7000 7500 8000 8500 9000 10000 15000 20000 25000 50000 100000 RSLEA Copyright © 2006 CALEA Required Sample Size 92 203 341 516 624 696 748 787 818 843 863 880 894 906 917 926 934 942 948 959 964 996 1013 1023 1045 1056 I-1 July 2009 Change Notice No. 2.7 Recognition Standards for Law Enforcement Agencies Amendments Enacted by the Commission on December 31, 2009 Background This is the seventh change notice for the Recognition Standards for Law Enforcement Agencies − 2nd Edition, which was published July 2006. Change notices shall be numbered by the Edition, followed by a decimal point and the sequential number of the change to that edition. Change notices are an essential component of the standards for law enforcement; they help ensure these standards continue to reflect the best and most up-to-date information the profession can offer. For the purpose of record, Change Notices 2.1, 2.2, 2.3, 2.4, 2.5 and 2.6 were previously made available to all client agencies and the changes are outlined on the reverse side of this notice. The loose-leaf pages that accompanied Change Notice 2.1 bear the dates July 2006 and November 2006, Change Notice 2.2 bear the dates July 2007, November 2007, and March 2008, Change Notice 2.3 bear the date July 2008, Change Notice 2.4 bear the date December 2008, Change Notice 2.5 bear the date March 2009 and Change Notice 2.6 bear the date July 2009. Standards Amendments and Other Revisions Accompanying This Change Notice Table of Contents: vii – Title Change. Standard 16.3.2: Standard and Commentary language change. Appendix E: LIST OF TIME SENSITIVE ACTIVITIES: E-1 & E-4 - Added Standard 1.1.2. Appendix H: STANDARD TITLES H-1 − Title Change for 1.3.1. Where to Insert This Notice and Accompanying Pages Insert this notice immediately behind the front cover of the Standards Manual. Insert the accompanying loose-leaf pages as indicated by their respective page numbers and discard the old, correspondingly numbered pages. The new pages carry more recent dates than do those being replaced. Change Notice 2.1 (January 2007) Standard 22.2.7: Standard and Commentary language were changed. Standard 71.3.3: Changed language for bullet a and added commentary language. Chapter 72 Introduction: Language change. APPENDIX A: GLOSSARY – Added new term – Demonstrated Proficiency. APPENDIX B: GUIDING PRINCIPLES FOR AGENCIES AND ASSESSORS – Language change to 4.3. Change Notice 2.2 (March 2008) Standard 16.3.3: Addition of Commission Interpretation. Standard 25.1.3: Language and Levels of Compliance changes. Standard 35.1.2: Language change. Standard 42.2.8: Language change. Chapter 45 Introduction: Language change. Standard 46.3.4: Language change. Standard 52.1.5: Levels of Compliance change. Chapter 71 Introduction: Language change. Standard 71.3.3: Language change. Standard 71.4.1: Language change. Standard 71.4.2: Language change. Standard 71.4.3: Language change. Subsection 71.5 Processing and Testing: New. Standard 71.5.1: New. Standard 81.2.10: Language change. Standard 81.2.14: Moved to Standard 82.2.5. Standard 81.2.15: Renumbered to Standard 81.2.14. Standard 84.1.6: Commentary Language change. APPENDIX A: GLOSSARY- Added new terms – AMBER Alert and Constant Supervision. Language change to Temporary Detention. APPENDIX G: FILE CONSTRUCTION AND DOCUMENTATION - Deleted reference to Panel Presentations. Change Notice 2.3 (July 2008) Table of Contents: New Standards. Standard 33.5.4: Language change. Chapter 42 Introduction: Added paragraph 3. Standard 42.1.6: Revised. Standard 71.1.1: New Standard. Standard 71.5.1: New Standard. Appendix H: STANDARD TITLES H-10 – 46.3.4 changed to Hazemat Awareness. H-16 – 81.2.14 moved to 82.2.5 (H-17). H-16 – 81.2.15 changed to 81.2.14. Change Notice 2.4 (December 2008) Standard 1.3.6: Commentary language change. Standard 1.3.9: Commentary language change. Appendix A: GLOSSARY – Added new terms: PHOTOGRAPHIC LINEUP PHYSICAL LINEUP SHOW-UP Appendix H: STANDARD TITLES H-9 – Added 42.2.11 and 42.2.12. Index Index-4 – Added Eyewitness identification Index-6 – Added Line-up Index 8 – Show-up Change Notice 2.5 (March 2009) Standard 1.3.1: Standard language change. Standard 1.3.9: Standard language change. Chapter 2 Introduction: Language change Standard 2.1.3: Standard and Commentary language change. Standard 22.3.3: New. Standard 22.3.4: Renumbered from 22.3.3. Standard 22.3.5: Renumbered from 22.3.4. Chapter 46 Introduction: Language change Standard 46.1.2: Standard language change. Standard 46.1.9: Commentary language change. Standard 83.2.2: Standard language change. Appendix H: STANDARD TITLES H-4 – Added 22.3.3 H-5 – Changed 22.3.3 to 22.3.4 H-5 – Changed 22.3.4 to 22.3.5 Change Notice 2.6 (July 2009) Standard 83.2.7: Commentary language change. Standard 84.1.6: Standard and Commentary language change. Appendix A: GLOSSARY – Revised and added new terms. AUDIT INVENTORY PROPERTY AND EVIDENCE CUSTODIAN Appendix I: SAMPLE SIZE TABLE – EVIDENCE CUSTODIAN CHANGE AUDIT – New. The following correction to a typographical error in the publication is also made as part of this change notice: ACKNOWLEDGEMENT CONTENTS (Standards from the Standards Manual of the Law Enforcement Agency Accreditation Program that are specific to the Recognition Program are highlighted in gray.) INTRODUCTION xv CHAPTERS 1-3 LAW ENFORCEMENT ROLE, RESPONSIBILITIES, AND RELATIONSHIPS CHAPTER 1 LAW ENFORCEMENT ROLE AND AUTHORITY 1.1 1.2 1.3 CHAPTER 2 1-2 1-2 1-2 1-3 1-4 1-4 1-5 1-5 1-6 1-6 1-6 1-6 1-7 1-7 1-7 1-7 1-8 1-8 1-9 1-9 1-10 AGENCY JURISDICTION AND MUTUAL AID 2.1 CHAPTER 3 Law Enforcement Agency Role 1.1.1 Oath of Office 1.1.2 Code of Ethics Limits of Authority 1.2.3 Constitutional Requirements 1.2.4 Search & Seizure 1.2.5 Arrest Procedures 1.2.8 Strip Searches 1.2.9 Bias Based Profiling Use of Force 1.3.1 Use of Reasonable Force 1.3.2 Deadly Force 1.3.3 Warning Shots 1.3.4 Less Lethal Weapons 1.3.5 Medical Aid 1.3.6 Written Report Required 1.3.7 Administrative Review 1.3.8 Removal from Duty 1.3.9 Weapons/Ammo Authorization 1.3.10 Proficiency Demonstration 1.3.11 Annual Training/Qualification Agency Jurisdiction and Mutual Aid 2-1 CONTRACTUAL AGREEMENTS FOR LAW ENFORCEMENT SERVICES 3.1 Contractual Agreements 3-1 CHAPTERS 11-17 ORGANIZATION, MANAGEMENT, AND ADMINISTRATION CHAPTER 11 ORGANIZATION AND ADMINISTRATION 11.1 RSLEA Copyright © 2006 CALEA Organizational Structure 11.1.1 Description of Organization vii 11-1 11-1 November July2009 2006 11.2 11.3 11.4 CHAPTER 12 Unity of Command Authority and Responsibility General Management and Administration 11-2 11-2 11-2 DIRECTION 12.1 Direction 12.1.2 Command Protocol 12.2 Written Directives 12.2.1 Written Directive System 12-1 12-1 12-2 12-2 CHAPTER 13 [Reserved] CHAPTER 14 [Reserved] CHAPTER 15 PLANNING AND RESEARCH, GOALS AND OBJECTIVES, AND CRIME ANALYSIS 15.1 Planning and Research 15.2 Goals and Objectives 15.3 Crime Analysis CHAPTER 16 15-1 15-2 15-2 ALLOCATION AND DISTRIBUTION OF PERSONNEL AND PERSONNEL ALTERNATIVES 16.1 Allocation and Distribution of Personnel 16.2 Specialized Assignments 16.3 Reserves 16.3.1 Program Description 16.3.2 Reserve Selection 16.3.3 Reserve Entry Training 16.3.5 Reserve In-Service Training 16.3.6 Reserve Force Training/Qualification 16.4 Auxiliaries 16.4.2 Auxiliary Training CHAPTER 17 16-2 16-3 16-4 16-4 16-4 16-5 16-5 16-5 16-6 16-6 FISCAL MANAGEMENT AND AGENCY PROPERTY 17.1 17.2 17.3 17.4 Fiscal Management Budget Purchasing Accounting 17.4.2 Cash Accounts 17-2 17-2 17-2 17-3 17-3 17.5 Agency Property 17.5.3 Stored Property and Operational Readiness July 2006 viii 17-4 17-4 RSLEA Copyright © 2006 CALEA improving the agency efficiency and effectiveness. The agency’s system for determining the appropriate proportional distribution should take into account incidents, locations, variations in workload, and deployment strategies. The workload assessment system should be documented and include an outline of the calculations required, plus any source documents, personnel, and/or equipment necessary to accomplish the task. There is no single assessment system that is suited for every agency’s needs. Using reliable data and reasonable calculations, the agency should reach valid conclusions about workload within each component of the agency. Periodic assessments of all components of the agency should help support increased agency performance and service delivery with available resources. The assessments may also help identify unusual workload demands that can be addressed through new management strategies. (N/A O M M) 16.2 Specialized Assignment 16.2.1 A written directive requires an annual documented review of each specialized assignment for the purpose of determining whether it should be continued. This review shall include: a. a listing of the agency’s specialized assignments; b. a statement of purpose for each listed assignment; and c. the evaluation of the initial problem or condition that required the implementation of the specialized assignment. Commentary: Decisions regarding the continuation of specialized assignments are important to the agency. The agency is given wide latitude in identifying specialized assignments, but should consider standard 16.2.2 and determine which assignments might be better served with agencywide competition and selection criteria. The development of an annual formalized review of all specialized assignments should help avoid overspecialization and ensure the continued effective control of agency specialization. (N/A O O O) 16.2.2 The agency announces anticipated openings for specialized assignments agencywide and fills those positions through a selection process. Commentary: Advertising agencywide for specialized assignment openings provides a large base of candidates and gives employees a greater choice of career opportunities. It also minimizes the feeling that selection is based on favoritism. However, for security reasons, it is not necessary for the agency to announce, in writing, openings for undercover or similar assignments. The agencywide announcement should describe the selection criteria for the position(s) to be filled. The criteria should be based on the skills, knowledge, and abilities required for the specialized assignment, including formal education, experience, any specialized skills, and length of experience required. The agency should fill vacant specialized assignments through a selection process. The process may be informal but should consider all responses to the announcement and follow the criteria established. (N/A O O O) 16.2.3 If the agency allows temporary or rotating assignment of sworn personnel, a written directive describing the agency procedure, will include: RSLEA Copyright © 2006 CALEA 16-3 July 2006 a. b. c. d. identification of the positions which are available for temporary or rotational assignment; the duration of assignments; the criteria for selection of personnel; and description of the selection procedures. Commentary: Through temporary assignments and job rotation, the employee may be afforded an opportunity for individual growth as well as improved job satisfaction and performance. As employees acquire additional skills, knowledge, and abilities, the agency benefits from an expanded pool of employees prepared to assume the responsibilities of a number of positions. (O O O O) 16.3 Reserves 16.3.1 A written directive establishes and describes the agency’s reserve officer program. Commentary: Terminology describing reserve officers can vary from jurisdiction to jurisdiction and for the purpose of this manual, the glossary term will be used. Reserve officers generally assist full-time sworn personnel in the day-to-day delivery of law enforcement services and for emergencies, consistent with applicable law. To accomplish these tasks, they may require law enforcement powers equivalent to those of full-time officers. The directive should describe the duties and responsibilities of reserve officers, define their authority and discretion in carrying out their duties, including any limitations or restrictions to this authority, and delineate the amount of supervision they are to receive. (M M M M) Commission Interpretation (November 16, 2001)— The Commission acknowledges that some agencies utilize reserve officers who do no meet the definition of an “employee.” For example, some agencies utilize volunteer reserve officers and the absence of wages or salary exclude them from the definition. For the purpose of this Standards Manual all reserve officers shall be considered “employees” when applying standards dealing with performance evaluations. Procedures and forms used for evaluating the performance of the agency’s reserve officers may be the same as those used for full-time sworn officers or they may differ significantly, based on distinctions made in the role, scope of authority, or responsibilities of the reserve officer. 16.3.2 Excluding the educational requirements for reserve officers, the selection criteria for reserves are the same as that for full-time officers. Commentary: Experience, physical condition, and other selection criteria applicable to full-time officers apply equally to reserves. The process of selection may be different from that of full-time officers, but the criteria are the same, with the exception of educational requirements which are addressed in 16.3.9. (M M M M) 16.3.3 The agency requires all sworn reserve officers to complete a recruit academy training program comparable to that required in standard 33.4.1, prior to any routine assignment in any capacity in which the reserve officer is allowed to carry a weapon or is in a position to make an arrest, except as part of a formal field training program required in standard 33.4.3. If the agency restricts or prohibits reserves from performing specific functions, topics related to those functions may be omitted from the curriculum. July 2006 2009 November 16-4 RSLEA Copyright © 2006 CALEA Commentary: The intent of this standard is to ensure that reserve officers receive training equal to that required of full-time officers in those areas of assigned duties and responsibilities. The training should be the same as that received by full-time officers or an equivalent, parallel course that meets the requirements of standard 33.4.1. The subject matter in the training program should cover topics related to assigned duties and responsibilities to the same extent that full-time officers are trained to perform like functions. Training hours and schedule may vary to accommodate the reserve schedule and the course duration may be extended. If a comparable recruit-training program for reserves exists in the state, successful completion of this program may fulfill the requirements of this standard. (M M M M) Commission Interpretation (March 14, 2008)—If the reserve officer state certification training does not include critical task training identified by CALEA for the responsibilities performed by the reserve officer, such training must be delivered. Those critical tasks include: Community Interaction; Introduction to Basic Law; Post Crime Considerations; Introduction to Traffic; Field Activities; Use of Force; First Aid for Criminal Justice Officers; Law Enforcement Vehicle Operations; and Personnel. Further information regarding critical tasks may be found on the CALEA website. 16.3.4 Uniforms and equipment for reserve officers are the same as those for full-time officers performing like functions. Commentary: Equipment and uniforms for reserve officers, except for insignia, patches, or badges, should not be distinguishable from those of full-time officers. However, quantity of uniforms and equipment may be reduced to reflect the level of activity of reserve officers. The purchase of equipment/ uniforms may be the responsibility of the reserve officer. (O O O O) 16.3.5 Reserve officers receive in-service training equivalent to that statutorily required for fulltime officers performing like functions. Commentary: None. (M M M M) 16.3.6 Reserve officers are trained in use of force policy(s) and tested for weapons proficiency with the same frequency as full-time officers in accordance with standard 1.3.11. Commentary: Reserve officers’ schedules may not permit participation in regularly scheduled weapons training. They should qualify either as a part of the regularly scheduled program or in a special reserve qualifications program. Qualifying standards and scores for reserve officers should be identical to those for regular officers. (M M M M) 16.3.7 Reserve officers are bonded and/or provided with public liability protection equal to that provided to full-time officers. Commentary: The protection attached to the functions of full-time officers should be provided to reserve officers. (M M M M) RSLEA Copyright © 2006 CALEA 16-5 November 2009 July 2006 16.3.8 A written directive requires performance evaluations for reserve officers be conducted in accordance with the standards in Chapter 35 (Performance Evaluation). Commentary: None. (M M M M) 16.3.9 Reserve officers possess high school equivalency diplomas and meet all state educational requirements at the time of sworn appointment. Commentary: Education is an important attribute for both full-time officers and reserve officers. Careful consideration should be given to the function and responsibilities of reserve officers before establishing educational criteria that differ from that of full-time officers. (M M M M) 16.4 Auxiliaries 16.4.1 A written directive establishes and describes the agency’s auxiliary program, to include: a. a statement that auxiliaries are not sworn officers; and b. a description of the duties of auxiliaries, including their role and scope of authority. Commentary: Auxiliaries are not commissioned as law enforcement officers and do not have the authority to make a full custody arrest. Auxiliaries may be assigned to law enforcement related community service functions. They can also be used as a resource in emergencies and large-scale special events. Generally, they receive significantly less training than sworn officers or full-time employees. However if the agency chooses to involve them in various activities to assist in the day-to-day delivery of law enforcement services, it should ensure that their duties do not require the status of a sworn officer, their level of training is adjusted according to the scope of their authority, and that unauthorized weapons or equipment are not carried in the performance of their duties. (M M M M) 16.4.2 Auxiliaries receive training in those authorized and assigned duties. Commentary: Auxiliaries may provide services to support any law enforcement duties not requiring sworn officer status. However, if the agency chooses to use them, auxiliaries should receive training appropriate to the duties anticipated. (M M M M) 16.4.3 If auxiliaries wear uniforms, the uniforms clearly distinguish them from sworn officers. Commentary: To have an auxiliary appear to be a regularly sworn officer can be hazardous to the auxiliary, confusing to the public, and a potential detriment to the image of the agency. Unless the auxiliary is clearly distinguishable from the sworn officer, members of the community may expect assistance in situations for which the auxiliary is not trained or empowered to act. Purchase of the uniform may be the responsibility of the auxiliary. (M M M M) Compliance may be OBSERVED. November July 2006 2009 16-6 RSLEA Copyright © 2006 CALEA 22.3 Conditions of Work 22.3.1 A written directive describes the agency’s policy regarding physical examinations for employees. Any examination required of employees in permanent, full-time jobs must be provided at no cost to the employee. Commentary: A physical examination is a benefit to both the employee and the agency. Any physical examination should be conducted only to confirm the employees’ continued fitness to perform the tasks of their assignments and to inform them of their general physical condition, not to identify employees with disabilities who are otherwise able to perform their assigned duties, with or without reasonable accommodation. The nature of some specific positions or responsibilities may necessitate periodic specific health screenings, such as those for crime scene personnel, firearms instructors, or range technicians who are repeatedly exposed to hazardous chemicals or lead contaminates. (M M M M) 22.3.2 A written directive describes the agency’s policy regarding general health and physical fitness to perform job tasks identified for sworn employees. Commentary: The functions of a law enforcement agency require a level of physical fitness not demanded by many other occupations, and fitness requirements should be specified. Standards of fitness should be those that have been shown to be directly related to the tasks performed, and not serve to eliminate or penalize employees who can otherwise perform the tasks of their assignment, with or without reasonable accommodation. (M M M M) 22.3.3 The agency has a written directive that addresses a fitness and wellness program which includes: a.. b. c. d. e. mandatory or voluntary participation by agency personnel; a trained program coordinator; individual health screening and fitness assessment; individual education and goal setting; and ongoing support and evaluation. Commentary: A fitness and wellness program has two main elements. The first is physical performance, i.e., the development and maintenance of physical performance capability to satisfactorily perform job tasks and personal activities. The second is the individual’s present health status as well as the risk for future disease. This is impacted greatly by lifestyle choices, including smoking, nutrition, weight, stress management, inactivity, etc. The agency should also consider incentives to encourage employee participation. (O O O O) 22.3.4 A written directive governs the types of off-duty employment in which agency personnel may engage. RSLEA Copyright © 2006 CALEA 22-5 July2009 2006 November Commentary: This standard applies to both sworn and non-sworn personnel. It pertains to secondary employment of the off-duty type—that is, outside employment wherein the use of law enforcement powers is not anticipated. Agencies may want to consider expressing the prohibition of certain types of off-duty employment in general terms, such as proscribing off-duty employment that, in the opinion of the agency, would constitute a conflict of interest or would tend to bring discredit to the agency. The prohibition could be quite specific, such as by focusing on specific jobs or locations. (O O O O) 22.3.5 If the agency permits sworn personnel to engage in extra-duty employment, a written directive addresses the following: a. the requirement that sworn personnel must receive agency permission to engage in extra duty employment; b. policies that address the behavior and activities of officers during extra-duty employment; c. approval, review, and revocation processes pertaining to officers’ extra-duty employment; d. designation of a point of coordination or administration within the agency to oversee adherence to the aforementioned policies, processes, and other matters deemed appropriate by the agency; and e. documentation of the significant aspects of each officer’s extra-duty employment. Commentary: This standard pertains to sworn personnel whose secondary employment is of the extra-duty type, that is, outside employment wherein the actual or potential use of law enforcement powers is anticipated. Bullet (a) requires sworn officers to obtain permission of the agency to engage in extra-duty employment. In addition, the relationship between the extra-duty employer and the officer-employee may be governed by a written agreement between the agency and extra-duty employer. Among other provisions, an agreement might specify that payment by the extra-duty employer for the officer-employee’s services shall be remitted to the agency, which will promptly compensate the extra-duty officer. Regarding policies referred to in bullet (b), the agency might address the following matters, among others, if not already covered by the agreement: authority of officers while working in an extra-duty capacity; responsibilities of the officers to the agency and to extra-duty employers; matters of jurisdiction; callback, if required; limitations, if any, on the number of hours worked per given time period and on the number of hours worked immediately prior to reporting to the agency; use of agency property (weapons, uniforms, and the like); and liability, compensation, and indemnification issues arising from injuries or other incidents occurring during extra-duty employment. Regarding the approval, review, and revocation processes noted in bullet (c), the agency’s written directive should cover a description of those processes, types of extra-duty employment that are prohibited, and agreement by the extra-duty employer to restrictions, if any, on the types and conditions of employment, including an assessment of the potential risk of injury. With respect to bullet (e), documentation should reflect the unique needs of the agency, the relevant sections of its collective bargaining agreement, if any, as well as pertinent statutory requirements, e.g., the federal Fair Labor Standards Act. Among the significant aspects of extra-duty employment to document, the agency should consider the following: date, time, and place of employment; incidents that March 2009 July 2006 22-6 RSLEA Copyright © 2006 CALEA 42.2.8 The agency has a written directive concerning identity crime and procedures for: a. b. c. d. e. taking identity crime reports; specialized report forms, if any; providing information and assistance to identity crime victims; coordination of investigations with other agencies; and providing public information on prevention of identity crime. Commentary: Identity crime costs businesses, end consumers, and individuals billions of dollars. Significant credit problems and financial loss often affect an individual for years. Identity crime has been directly linked to terrorist activities in both funding operations and obtaining documents for illegal purposes. The initial agency report information may require the use of a special form designed to obtain information unique to this crime. Information from government agencies is readily available to assist a victim in providing notices of identity theft, re-establishing their identity and credit, and for public awareness presentations. (O O O O) 42.2.9 A written directive describes the procedures for the investigation of cold case files, which includes: a. defining a cold case; b. establishing cold case evaluation criteria; and c. recording agency investigative actions or activities. Commentary: Over time the position of persons involved and other factors in the situation may change and present new opportunities for law enforcement to solve the case. With recent advances in DNA (deoxyribonucleic acid) analysis, law enforcement has made a great advancement in its ability to identify unknown offenders, even years after the crime occurred. Law enforcement agencies should have a procedure where unsolved/cold cases are reviewed for new information or where the application of new technology may be successful in solving the cases. This is particularly important with serious crimes against persons, as these offenders tend to continue to commit similar acts. (O O O O) 42.2.10 The agency has a written directive governing procedures for both uniformed and nonuniformed personnel utilizing designated rooms for interviews and interrogation, to include: a. b. c. d. e. f. weapons control; security concerns; number of personnel allowed in the interview room; means and methods for summoning assistance, if needed; equipment or items to be kept in the interview room or area; and access to restrooms, water, or comfort breaks. RSLEA Copyright © 2006 CALEA 42-7 July 2008 Commentary: For the purpose of this standard, designated rooms include polygraph rooms, voice stress analyzer rooms, and other rooms where it is likely that an interview could turn into an interrogation and arrest of a person. The intent of this standard is to establish safe conditions for the various situations that law enforcement officers may encounter when conducting interviews or interrogations at law enforcement facilities. Occasionally, however, serious conditions unexpectedly develop such as an apparently cooperative suspect becoming combative. The agency should provide clear direction for the use of the interview room to ensure safety and the admissibility of any statements made therein. Standard 42.2.1, interviews and interrogations, is concerned with techniques to enhance the development of information relating to a crime. Standard 1.2.3 addresses applicable constitutional requirements concerning interviews and interrogations including access to counsel. (M M M M) 42.2.11 In the absence of controlling authority, a written directive describes the procedures for using photographic or physical line-ups in eyewitness identification to include the following: a. b. c. d. e. f. g. composition of line-up; using video and/or audio recording; situations where more than one eye witness is available; instructing witnesses prior to viewing line-up; identifying the level of confidence expressed by the witness; prohibiting feedback by the administrator; and documenting line-up and the results. Commentary: The intent of this standard is to establish reliable identification testimony by a witness. This standard needs to be evaluated in terms of the following factors that the courts have found to be relevant in identification testimony, namely: 1) the witness’ opportunity to view the criminal during the crime; 2) the length of time between the crime and subsequent identification; 3) the level of certainty demonstrated by the witness at the identification; 4) the accuracy of the witness’ prior description of the suspect; and 5) the witness’ degree of attention during the crime. In addition, the confidence level of the witness should be evaluated in terms of the witness’ statement, conduct or other relevant observations. (M M M M) 42.2.12 In the absence of controlling authority, a written directive describes the procedures for using show-ups in eyewitness identification to include the following: a. b. c. d. e. f. g. compelling reasons under which a show-up may occur; manner of transportation to the show-up; situations where more than one eye witness is available; instructing witnesses prior to viewing show-up; identifying the level of confidence expressed by the witness; prohibiting feedback by the administrator; and documenting show-up and the results. July 2008 2009 November 42-8 RSLEA Copyright © 2006 CALEA Commentary: The intent of this standard is to establish reliable identification testimony by a witness. It should be noted that a show-up carries with it a dangerous degree of improper suggestiveness and should not be used absent compelling reasons for not using a physical or photographic line-up. This standard needs to be evaluated in terms of the following factors that the courts have found to be relevant in identification testimony, namely: 1) the witness’ opportunity to view the criminal during the crime; 2) the length of time between the crime and subsequent identification; 3) the level of certainty demonstrated by the witness at the identification; 4) the accuracy of the witness’ prior description of the suspect; and 5) the witness’ degree of attention during the crime. In addition, the confidence level of the witness should be evaluated in terms of the witness’ statement, conduct or other relevant observations. (M M M M) RSLEA Copyright © 2006 CALEA 42-9 July 2008 November 2009 45.1.2 The agency assists in organizing crime prevention groups in residential and business areas targeted for such activity in standard 45.1.1 and maintains liaison with these and other interested community groups. Commentary: None. (O O O O) 45.1.3 The agency provides crime prevention input into development and/or revision of zoning policies, building codes, fire codes, and residential/commercial building permits. Commentary: The agency should become proactively involved in this process as an integral element in ensuring that crime prevention concerns, from the law enforcement perspective, are addressed prior to legal enactment or construction. Programs such as Crime Free Multi-Housing (CFMH) and Crime Prevention Through Environmental Design (CPTED) are valuable resources that can aid in the development of partnerships to reduce the opportunity for criminal activity to occur. (O O O O) 45.2 Community Involvement 45.2.1 The community involvement function provides the following, at a minimum: a. establishing liaison with existing community organizations or establishing community groups where they are needed; b. assisting in the development of community involvement policies for the agency; c. publicizing agency objectives, community problems, and successes; d. conveying information transmitted from citizens’ organizations to the agency; e. improving agency practices bearing on police community interaction; and f. developing problem oriented or community policing strategies, if any. Commentary: Law enforcement agencies should establish direct contacts with the community served. Without “grass roots” community support, successful enforcement of many laws may be difficult, if not impossible. Community involvement can be an effective means of eliciting public support, can serve to identify problems in the making, and may foster cooperative efforts in resolving community issues. Input from the community can also help ensure that agency policies accurately reflect the needs of the community. The intent of this standard is to establish agency accountability for the community involvement function in writing. The function should be developed and operated to effectively meet the needs of the agency, as well as the community it serves. Placement of the function within the organizational structure is also addressed by standard 11.1.1. Proving compliance with this standard may be accomplished through a series of documents or a single, all-inclusive directive. Because the conduct of each employee reflects on the agency as a whole, the burden of achieving the agency’s community relations objectives should be shared. A unified, coordinated effort should require the participation, enthusiasm, and skills of all agency personnel. (O O O O) RSLEA Copyright © 2006 CALEA 45-3 July 2006 45.2.2 At least quarterly, the person or persons responsible for the community involvement function prepares and submits to the chief executive officer a report that includes, at a minimum, the following elements: a. a description of current concerns voiced by the community; b. a description of potential problems that have a bearing on law enforcement activities within the community; c. a statement of recommended actions that address previously identified concerns and problems; and d. a statement of progress made toward addressing previously identified concerns and problems. Commentary: These concerns and problems should, at a minimum, be communicated to the chief executive officer, both to provide information on conditions in the community and to allow the chief executive officer to react in a timely manner to alleviate concerns and avert problems. Ideally, these reports should also be disseminated to other concerned command level personnel. (N/A O O O) 45.2.3 A written directive establishes procedures for transmitting relevant information received by any agency member to the person responsible for preparing the report found in standard 45.2.2. Commentary: The purpose of the standard is to insure that there is an evaluative loop in the community involvement/community-policing actions of the agency. Compliance with the standard reduces the likelihood of misinterpretation by the person preparing the quarterly report and insures that information being gathered by agency personnel is incorporated into the decision-making processes. (N/A O O O) 45.2.4 A documented survey of citizen attitudes and opinions is conducted at least once every three years with respect to: a. b. c. d. e. overall agency performance; overall competence of agency employees; citizens’ perception of officers’ attitudes and behavior; community concern over safety and security within the agency’s service area; and citizens’ recommendations and suggestions for improvements. Commentary: Surveys are useful for several purposes; however, the survey should be used as a platform for organizational learning, asking specific questions about the quality of policing in the community. It should also address a broad section of the community: victims and others who have had recent contact with the police, employees, and/or direct observation. The survey may be conducted by mail, in person, electronically, or by telephone and may be combined with questions relating to victimization and other issues. The results of the survey may be provided to the community. The survey may be carried out directly by agency personnel or by others with agency guidance. (O O O O) November July 2006 2009 45-4 RSLEA Copyright © 2006 CALEA APPENDIX E LIST OF TIME SENSITIVE ACTIVITIES The list of time sensitive activities is an aide to facilitate agencies in complying with standards that require reports on a time period basis. This list is based on time requirements stated in the standards. Agencies are cautioned that this list should be considered only as a guide. Depending on conditions, a number of standards require the agency to periodically review, modify, or take some action. This list is presented in two formats, by standard order, and by time period. TIME SENSITIVE ACTIVITIES BY STANDARD ORDER STAND. ACTION DESCRIPTION LEVEL FREQUENCY 1.1.2 Activity Ethics Training MMMM Biennial 1.2.9 (d) Review Bias Based Profiling MMMM Annual 1.3.6 Report Use of force occurrence MMMM Incident 1.3.7 Review Use of force reports required in standard 1.3.6 MMMM Incident Use of force policies, lethal and electronic controlled weapons proficiency MMMM Annual Use of force policies & less lethal weapons proficiency MMMM Biennial 1.3.11 1.3.11 Report Report 17.4.2 (f) Report Cash funds MMMM Quarterly 33.5.1 Activity Legal update training MMMM Annual 35.1.2 Report Employee performance evaluation MMMM Annual 41.2.2 (i) Review Pursuit report MMMM Incident 41.2.2 (j) Analysis Pursuit report MMMM Annual 41.2.3 (e) Review Use of roadblocks and forcible stops MMMM Incident 41.2.7 (e) Report Training on dealing with the mentally ill MMMM Triennial 46.1.3 (h) Report After action report for critical incidents MMMM Incident 71.2.1 Activity Temporary detention training MMMM Triennial RSLEA Copyright © 2006 CALEA E-1 November 2009 71.4.3 Review Temporary detention procedures MMMM Triennial 81.3.2 Inspection Alternate source of power MMMM Monthly 81.3.2 Test Alternate source of power, test under full load MMMM Annual 82.1.6 (d) Audit Central records computer system MMMM Annual 84.1.6 (a) Inspection Property control procedures by evidence/ property custodian MMMM Semi-annual 84.1.6 (b) Inventory Change in property/evidence custodian MMMM Incident 84.1.6 (c) Audit By supervisor not directly connected to function MMMM Annual 84.1.6 (d) Inspection Unannounced inspections as directed by CEO MMMM Annual TIME SENSITIVE ACTIVITIES BY TIME PERIOD 41.2.7 (e) Report Training on dealing with the mentally ill MMMM Triennial 71.2.1 Activity Temporary detention training MMMM Triennial 71.4.3 Review Temporary detention procedures MMMM Triennial 84.1.6 (d) Inspection Unannounced inspections as directed by CEO MMMM Annual 1.1.2 Activity Ethics Training MMMM Biennial 1.3.11 Report Use of force policies & less lethal weapons proficiency MMMM Biennial 1.2.9 (d) Review Bias Based Profiling MMMM Annual 1.3.11 Report Use of force policies, lethal and electronic controlled weapons proficiency MMMM Annual 33.5.1 Activity Legal update training MMMM Annual 35.1.2 Report Employee performance evaluation MMMM Annual 41.2.2 (j) Analysis Pursuit report MMMM Annual 81.3.2 Test Alternate source of power, test under full load MMMM Annual 82.1.6 (d) Audit Central records computer system MMMM Annual 84.1.6 (c) Audit By supervisor not directly connected to function MMMM Annual 84.1.6 (a) Inspection Property control procedures by evidence/ property custodian MMMM Semi-annual November 2009 E-2 RSLEA Copyright © 2006 CALEA 17.4.2 (f) Report Cash funds MMMM Quarterly 81.3.2 Inspection Alternate source of power MMMM Monthly 1.3.6 Report Use of force occurrence MMMM Incident 1.3.7 Review Use of force reports required in standard 1.3.6 MMMM Incident 41.2.2 (i) Review Pursuit report MMMM Incident 41.2.3 (e) Review Use of roadblocks and forcible stops MMMM Incident 46.1.3 (h) Report After action report for critical incidents MMMM Incident 84.1.6 (b) Inventory Change in property/evidence custodian MMMM Incident RSLEA Copyright © 2006 CALEA E-3 November 2009 APPENDIX H STANDARD TITLES 1.0 Law Enforcement Role and Authority 1.1 Law Enforcement Agency Role 1.1.1 1.1.2 1.1.3 1.1.4 Oath of Office Code of Ethics Agency’s Role in Criminal Justice Diversion Programs Consular Notification 1.2 Limits of Authority 1.2.1 1.2.2 1.2.3 1.2.4 1.2.5 1.2.6 1.2.7 1.2.8 1.2.9 Legal Authority Defined Legal Authority to Carry/Use Weapons Compliance with Constitutional Requirements Search and Seizure Arrest with/without Warrant Alternatives to Arrest Use of Discretion Strip/Body Cavity Search Bias Based Profiling 1.3 Use of Force 1.3.1 1.3.2 1.3.3 1.3.4 1.3.5 1.3.6 1.3.7 1.3.8 1.3.9 1.3.10 1.3.11 1.3.12 1.3.13 Use of Reasonable Force Use of Deadly Force Warning Shots Use of Authorized Less Lethal Weapons Rendering Aid After Use of Weapons Reporting Uses of Force Reviewing Reports of 1.3.6 Removal from Line of Duty Assignment, Use of Force Authorization: Weapons and Ammunition Demonstrating Proficiency with Weapons Annual/Biennial Proficiency Training Issuing Written Directives Analyze Reports from 1.3.6 2.0 Agency Jurisdiction and Mutual Aid 2.1 Agency Jurisdiction and Mutual Aid RSLEA Copyright © 2006 CALEA H-1 July 2006 November 2009 2.1.1 2.1.2 2.1.3 2.1.4 Geographical Boundaries Concurrent Jurisdiction Written Agreements for Mutual Aid Requesting Assistance: Federal LE/National Guard 3.0 Contractual Agreements for Law Enforcement Services 3.1 Contractual Agreements 3.1.1 3.1.2 Written Agreement for Services Provided Employee Rights 11.0 Organization and Administration 11.1 Organizational Structure 11.1.1 11.1.2 Description of Organization Organizational Chart 11.2 Unity of Command 11.2.1 11.2.2 Employee Accountability Direct Command, Component 11.3 Authority and Responsibility 11.3.1 11.3.2 Responsibility/Authority Supervisory Accountability 11.4 General Management and Administration 11.4.1 11.4.2 11.4.3 11.4.4 11.4.5 Administrative Reporting Program Accountability for Agency Forms Accreditation Maintenance Computer Software Policy Notify CEO of Incident with Liability 12.0 Direction 12.1 Direction 12.1.1 12.1.2 12.1.3 12.1.4 CEO Authority and Responsibility Command Protocol Obey Lawful Orders Functional Communication/Cooperation 12.2 Written Directives 12.2.1 12.2.2 The Written Directive System Dissemination and Storage July 2006 H-2 RSLEA Copyright © 2006 CALEA 15.0 Planning and Research, Goals and Objectives, and Crime Analysis 15.1 Planning and Research 15.1.1 15.1.2 15.1.3 Activities of Planning and Research Organizational Placement/Planning and Research Multiyear Plan 15.2 Goals and Objectives 15.2.1 15.2.2 Annual Updating/Goals and Objectives System for Evaluation/Goals and Objectives 15.3 Crime Analysis 15.3.1 Establish Procedures 16.0 Allocation and Distribution of Personnel and Personnel Alternatives 16.1 Allocation and Distribution of Personnel 16.1.1 16.1.2 Position Management System Workload Assessments 16.2 Specialized Assignment 16.2.1 16.2.2 16.2.3 Annual Review Announce Openings Temporary/Rotating Assignments 16.3 Reserves 16.3.1 16.3.2 16.3.3 16.3.4 16.3.5 16.3.6 16.3.7 16.3.8 16.3.9 Program Description Selection Criteria Entry Level Training Uniforms and Equipment In-Service Training Use of Force Training & Firearms Proficiency Bonding/Liability Protection Performance Evaluations Educational Requirements 16.4 Auxiliaries 16.4.1 16.4.2 16.4.3 Program Description Training Uniforms 17.0 Fiscal Management and Agency Property 17.1 Fiscal Management 17.1.1 CEO Authority and Responsibility RSLEA Copyright © 2006 CALEA H-3 July2009 2006 November 17.2 Budget 17.2.1 17.2.2 Budget Process and Responsibility Described Functional Recommendations to Budget 17.3 Purchasing 17.3.1 Requisition and Purchasing Procedures 17.4 Accounting 17.4.1 17.4.2 17.4.3 Accounting System Cash Fund/Accounts Maintenance Independent Audit 17.5 Agency Property 17.5.1 17.5.2 17.5.3 Inventory and Control Issue/Reissue Procedures Operational Readiness 21.0 Classification and Delineation of Duties and Responsibilities 21.1 Task Analysis 21.1.1 Task Analysis 21.2 Classification 21.2.1 21.2.2 Classification Plan Job Description Maintenance and Availability 22.0 Compensation, Benefits, and Conditions of Work 22.1 Compensation 22.1.1 Salary Program 22.2 Benefits 22.2.1 22.2.2 22.2.3 22.2.4 22.2.5 22.2.6 22.2.7 Leave Program Benefits Program Personnel Support Services Program Victim Witness Services/Line of Duty Death Clothing and Equipment Employee Assistance Program Employee Identification 22.3 Conditions of Work 22.3.1 22.3.2 22.3.3 Physical Examinations General Health and Physical Fitness Fitness and Wellness Program March 2009 July 2006 H-4 RSLEA Copyright © 2006 CALEA INDEX Abandoned vehicles 61.4.2, 61.4.3 Academy 33.2 administration 33.2.1 facilities 33.2.2 outside 33.2.3 reserves 16.3.3 Accident reporting 61.2.1 Accountability 11.2.1, 11.3.1, 11.4.2 Accounting 17.4 audit 17.4.3 cash funds 17.4.2 system 17.4.1 Accreditation process familiarization 33.5.3 training 33.5.4 Acquired property civil process 84.1.8 disposition 72.5.2, 84.1.7 inspections 84.1.6 receiving 84.1.1 records 84.1.5 storage 84.1.2, 84.1.3 Administrative leave 22.2.1 Administrative reports 11.4.1 Administrative review 1.2.9, 1.3.7, 1.3.8, 41.2.2, 41.2.3, 71.4.3 After action report 46.1.3 Aircraft 41.1.3 Alarm Communications 81.2.4 courts 73.2.1, 73.4.1, 73.4.3, 73.5.9, 73.5.13, 73.5.19 holding facility 72.3.1, 72.4.2, 72.4.9 private 81.2.13 temporary detention 71.3.3 Alcohol and narcotics criminal 43 detainee 72.5.4 employee use 26.1.1 traffic 61.1.5, 61.1.10, 61.1.11, 61.2.1, 61.2.2 Allocation of personnel 16.1.2 Americans with Disabilities Act court access 73.2.1 recruitment 31.3.1 RSLEA Copyright © 2006 CALEA Ammunition, authorized 1.3.9 Analysis crime 15.3.1 grievances 25.1.3 job task 21.1.1 motor vehicle pursuit 41.2.2 use of force 1.3.13 Animals 41.1.4 Application process 31.3.1 Arrest alternatives 1.2.6, 44.2.1 authority 1.2.1, 1.2.6, 16.3.3, 74.3.2 enforcement procedures 61.1.2 entry level training 16.3.3, 33.4.1 exceeding prisoner capacity 72.5.6 execution/attempt service, recording 74.1.2 field reporting system 82.2.2 files 82.3.6 ID number, criminal history 82.3.6 intake forms 72.5.2 legal authority defined 1.2.1 mass arrest 46.1.2 search and seizure 1.2.4 use of necessary force 1.3.1 victim/witness services 55.2.5 warrant 1.2.5, 74.1.2, 74.3.2 warrantless 1.2.5 Assessment centers 34.1.3 Assignment of personnel 16.1.2, 16.3.3 Audit fiscal 17.4.3 password 82.1.6 property 84.1.6 Authority and responsibility 11.3 arrest 1.2.1, 1.2.5, 1.2.6, 1.2.8, 16.3.3 auxiliary 16.4.1 CEO 12.1.1, 12.2.1, 17.1.1 disciplinary 26.1.5 mutual aid 2.1.3 promotion 34.1.2 task force 42.2.5 training committee 33.1.1 Auxiliaries 16.4 Index-1 November July 2009 2006 Background investigations informants 42.2.7 preemployment 32.1.4, 32.2.1, 32.2.2, 32.2.3 tactical team 46.2.2 Barricaded person 46.1.2 Benefits 22.2 Bias Based Profiling 1.2.9 Bicycle 41.1.3, 61.1.5 Body armor 41.3.5, 41.3.6, 46.2.3 Booking 72.5.2, 72.5.3 mass arrest 46.1.2, 72.5.6 medical screening 72.6.3 Budgeting 17.2 Career development 33.8 Case management 42.1.3 Chain of Custody 83.2.1, 83.3, 84.1.1, 84.1.2, 84.1.5 Child - see Juvenile Citations accountability 82.2.3, 82.3.4 authority 1.2.6 juvenile 44.2.1 reporting 82.2.2 traffic 61.1.2, 82.3.3 Citizen survey 45.2.4 Civil civil disturbance 46.1.2 civil service commission 32.1.1, 34.1.1, 34.1.2, 35.1.5 civil process 74.2.1 information, recording 74.1.1 liability protection program 22.2.2 warrant/wanted person procedures 74.1.3 Civil process 74.2 Civilian employees training 33.7 Classification 21.2 Clothing and equipment appearance 26.1.1 provided 22.2.5 Code of conduct 26.1.1 Code of ethics 1.1.2, 33.5.1 Cold case 42.2.9 Collection of evidence 83 Collective Bargaining 24 Command “All Hazard” plan 46.1.2 disciplinary actions, role 26.1.5 notification 46.1.3 presence at scene 81.2.4 July 2006 protocol 12.1.2 unity 11.2, 46.1.9 Communication 81 24-hour, toll-free service 81.2.1 agreements 81.1.1 “All Hazard” plan 46.1.6 alternate power source 81.3.2 assistance, highway users 61.4.1 continuous, two-way capability 81.2.2 contract services 3 facilities & equipment 81.3 FCC requirements 81.1.2 misdirected emergency calls 81.2.12 multichannel radios 81.3.4 natural/man-made disaster plan 46.1.2 on-call schedule 42.1.1 private security alarms 81.2.13 recording and playback 81.2.8 recording information 81.2.3 reports by phone or mail 81.2.14 resources 81.2.5 security 81.3.1 separate emergency/nonemergency calls 81.3.3 telephone system 81.3.3 training 33.7.2 undercover 43.1.5 victim/witness calls 81.2.6 VIP security 46.2.6 Community involvements 45.2 Compensation 22.1 disability/death benefit 22.2.2 education 22.2.2 extra duty 22.3.4 health insurance 22.2.2 off duty 22.3.3 retirement 22.2.2 support services 22.2.3 training 33.1.3 Complaints agency personnel 52 community 45.2.2 reporting 82.2.2 vice/drugs/organized crime 43.1.1 Computers access 82.1.1 annual audit 82.1.6 back-up and storage 82.1.6 mobile data terminals 41.3.7 records access protocol 82.1.7 Index-2 RSLEA Copyright © 2006 CALEA Change Notice No. 2.8 Recognition Standards for Law Enforcement Agencies Amendments Enacted by the Commission on March 26, 2010 Background This is the eighth change notice for the Recognition Standards for Law Enforcement Agencies − 2nd Edition, which was published July 2006. Change notices shall be numbered by the Edition, followed by a decimal point and the sequential number of the change to that edition. Change notices are an essential component of the standards for law enforcement; they help ensure these standards continue to reflect the best and most up-to-date information the profession can offer. For the purpose of record, Change Notices 2.1, 2.2, 2.3, 2.4, 2.5, 2.6 and 2.7 were previously made available to all client agencies and the changes are outlined on the reverse side of this notice. The loose-leaf pages that accompanied Change Notice 2.1 bear the dates July 2006 and November 2006, Change Notice 2.2 bear the dates July 2007, November 2007, March 2008, Change Notice 2.3 bear the date July 2008, Change Notice 2.4 bear the date December 2008 and Change Notice 2.5 bear the date March 2009, Change Notice 2.6 bear the date July 2009 and Change Notice 2.7 bear the date December 2009. Standards Amendments and Other Revisions Accompanying This Change Notice Standard 2.1.3: Standard language change. (Effective Immediately) Standard 22.3.1: Standard language change. Standard 32.2.3: Standard language change. (Effective Immediately) Standard 32.2.9: Standard language change. (Effective Immediately) Standards 32.2.10: Standard language change. (Effective Immediately) Standard 34.1.7: Standard language change. (Effective Immediately) Standard 42.2.11: Standard language change. (Effective Immediately) Standard 42.2.12: Standard language change. (Effective Immediately) Standard 44.2.3: Standard and commentary language change. Where to Insert This Notice and Accompanying Pages Insert this notice immediately behind the front cover of the Standards Manual. Insert the accompanying loose-leaf pages as indicated by their respective page numbers and discard the old, correspondingly numbered pages. The new pages carry more recent dates than do those being replaced. Change Notice 2.1 (January 2007) Standard 22.2.7: Standard and Commentary language were changed. Standard 71.3.3: Changed language for bullet a and added commentary language. Chapter 72 Introduction: Language change. APPENDIX A: GLOSSARY – Added new term – Demonstrated Proficiency. APPENDIX B: GUIDING PRINCIPLES FOR AGENCIES AND ASSESSORS – Language change to 4.3. Change Notice 2.2 (March 2008) Standard 16.3.3: Addition of Commission Interpretation. Standard 25.1.3: Language and Levels of Compliance changes. Standard 35.1.2: Language change. Standard 42.2.8: Language change. Chapter 45 Introduction: Language change. Standard 46.3.4: Language change. Standard 52.1.5: Levels of Compliance change. Chapter 71 Introduction: Language change. Standard 71.3.3: Language change. Standard 71.4.1: Language change. Standard 71.4.2: Language change. Standard 71.4.3: Language change. Subsection 71.5 Processing and Testing: New. Standard 71.5.1: New. Standard 81.2.10: Language change. Standard 81.2.14: Moved to Standard 82.2.5. Standard 81.2.15: Renumbered to Standard 81.2.14. Standard 84.1.6: Commentary Language change. APPENDIX A: GLOSSARY- Added new terms – AMBER Alert and Constant Supervision. Language change to Temporary Detention. APPENDIX G: FILE CONSTRUCTION AND DOCUMENTATION - Deleted reference to Panel Presentations. Change Notice 2.3 (July 2008) Table of Contents: New Standards. Standard 33.5.4: Language change. Chapter 42 Introduction: Added paragraph 3. Standard 42.1.6: Revised. Standard 71.1.1: New Standard. Standard 71.5.1: New Standard. Appendix H: STANDARD TITLES H-10 – 46.3.4 changed to Hazemat Awareness. H-16 – 81.2.14 moved to 82.2.5 (H-17). H-16 – 81.2.15 changed to 81.2.14. Change Notice 2.4 (December 2008) Standard 1.3.6: Commentary language change. Standard 1.3.9: Commentary language change. Appendix A: GLOSSARY – Added new terms: PHOTOGRAPHIC LINEUP PHYSICAL LINEUP SHOW-UP Appendix H: STANDARD TITLES H-9 – Added 42.2.11 and 42.2.12. Index Index-4 – Added Eyewitness identification Index-6 – Added Line-up Index 8 – Show-up Change Notice 2.5 (March 2009) Standard 1.3.1: Standard language change. Standard 1.3.9: Standard language change. Chapter 2 Introduction: Language change Standard 2.1.3: Standard and Commentary language change. Standard 22.3.3: New. Standard 22.3.4: Renumbered from 22.3.3. Standard 22.3.5: Renumbered from 22.3.4. Chapter 46 Introduction: Language change Standard 46.1.2: Standard language change. Standard 46.1.9: Commentary language change. Standard 83.2.2: Standard language change. Appendix H: STANDARD TITLES H-4 – Added 22.3.3 H-5 – Changed 22.3.3 to 22.3.4 H-5 – Changed 22.3.4 to 22.3.5 Change Notice 2.6 (July 2009) Standard 83.2.7: Commentary language change. Standard 84.1.6: Standard and Commentary language change. Appendix A: GLOSSARY – Revised and added new terms. AUDIT INVENTORY PROPERTY AND EVIDENCE CUSTODIAN Appendix I: SAMPLE SIZE TABLE – EVIDENCE CUSTODIAN CHANGE AUDIT – New. The following correction to a typographical error in the publication is also made as part of this change notice: ACKNOWLEDGEMENT 2 AGENCY JURISDICTION AND MUTUAL AID Standards in this chapter relate to an agency’s jurisdiction and the provision and use of mutual aid and regional law enforcement services among agencies through cooperative agreements. Agreements should be reached among first responder agencies, non-government organizations (NGO), social service organizations, institutions of higher education, school districts, medical facilities, and private entities in adjoining jurisdictions or within the agency’s jurisdiction to provide assistance to each other in the event of natural disaster, mass disorder, pandemic or other emergency situations. Lines of command should be established beforehand. Procedures for the provision of personnel should also be established in advance. The Commission has exempted state agencies from having formal mutual aid agreements with agencies in adjoining states. Standard 2.1.3 is not applicable for state agencies. 2.1 Agency Jurisdiction and Mutual Aid 2.1.1 A written directive delineates the specific geographical boundaries of the agency’s jurisdiction. Commentary: It is fundamental that the agency clearly describes, in writing, the geographical boundaries of its jurisdiction. Situations involving overlapping or ambiguous territorial jurisdiction should be avoided. A detailed official map, including the boundaries of the jurisdiction, may satisfy the requirements of this standard. (M M M M) 2.1.2 A written directive specifies the agency’s responsibilities in any interagency agreement regarding concurrent jurisdiction. Commentary: The intent of the standard is to encourage an agency to identify its responsibilities, with regard to concurrent jurisdiction, which are established as a matter of law or on the basis of interagency agreement. This standard does not require an interagency agreement where none exists. The written directive should clearly outline the source of the concurrent jurisdiction, e.g., cites the specific legal basis or relevant interagency agreement, and should outline such details as identification of which agency responds to a call for service by type, communication linkages between agencies to ensure prompt and appropriate response, provision of back-up support between jurisdictions, and reporting responsibilities and policy concerning the jurisdiction of prosecutors and courts. (O O O O) RSLEA Copyright © 2006 CALEA 2-1 March 2009 2.1.3 The agency has written agreements with neighboring agencies to provide mutual aid in emergency situations. The mutual aid agreement must include, at a minimum, the following details: a. the legal status of agencies and agency personnel responding to mutual aid requests; b. procedures for vesting provider agency personnel with the legal authority to act within the receiver agency’s jurisdiction; c. procedures for requesting mutual aid; d. identity of those persons authorized to request mutual aid; e. identity of persons to whom outside personnel are to report; f. procedures for maintaining radio communication with outside personnel; g. expenditures, if any, which should be borne by the receiver agency to compensate for the use of the provider agency’s resources; and h. procedures for review and revision if prescribed in the agreement. Commentary: Emergency situations often require augmented law enforcement capabilities to restore order or assist victims. The agency’s mutual aid agreement should provide all the information necessary to initiate mutual aid activities either on behalf of the agency or at the request of a neighboring law enforcement agency. The agreement should also consider provisions for the indemnification of the provider agency and its personnel, e.g., life, health, and liability insurance. Whether the agency operates under existing legislation or a mutual aid agreement, it should have a plan for providing or receiving aid in critical incident situations. The plan should assess the extent of aid that could be provided while maintaining adequate law enforcement coverage in the service area. The types and amounts of major resources should be estimated and their locations listed. Planning should also involve liaison with other agencies (non-government organizations (NGO), social service organizations, institutions of higher education, school districts, medical facilities, and private entities) that may be involved when mutual aid is invoked. (O O O O) 2.1.4 A written directive governs procedures for requesting federal law enforcement or national guard assistance in emergency situations. Commentary: None. (M M M M) March March2010 2009 2-2 RSLEA Copyright © 2006 CALEA 22.3 Conditions of Work 22.3.1 A written directive describes the agency’s policy regarding physical examinations for employees. Commentary: A physical examination is a benefit to both the employee and the agency. Any physical examination should be conducted only to confirm the employees’ continued fitness to perform the tasks of their assignments and to inform them of their general physical condition, not to identify employees with disabilities who are otherwise able to perform their assigned duties, with or without reasonable accommodation. The nature of some specific positions or responsibilities may necessitate periodic specific health screenings, such as those for crime scene personnel, firearms instructors, or range technicians who are repeatedly exposed to hazardous chemicals or lead contaminates. (M M M M) 22.3.2 A written directive describes the agency’s policy regarding general health and physical fitness to perform job tasks identified for sworn employees. Commentary: The functions of a law enforcement agency require a level of physical fitness not demanded by many other occupations, and fitness requirements should be specified. Standards of fitness should be those that have been shown to be directly related to the tasks performed, and not serve to eliminate or penalize employees who can otherwise perform the tasks of their assignment, with or without reasonable accommodation. (M M M M) 22.3.3 The agency has a written directive that addresses a fitness and wellness program which includes: a.. b. c. d. e. mandatory or voluntary participation by agency personnel; a trained program coordinator; individual health screening and fitness assessment; individual education and goal setting; and ongoing support and evaluation. Commentary: A fitness and wellness program has two main elements. The first is physical performance, i.e., the development and maintenance of physical performance capability to satisfactorily perform job tasks and personal activities. The second is the individual’s present health status as well as the risk for future disease. This is impacted greatly by lifestyle choices, including smoking, nutrition, weight, stress management, inactivity, etc. The agency should also consider incentives to encourage employee participation. (O O O O) 22.3.4 A written directive governs the types of off-duty employment in which agency personnel may engage. Commentary: This standard applies to both sworn and non-sworn personnel. It pertains to secondary employment of the off-duty type—that is, outside employment wherein the use of law enforcement powers is not anticipated. Agencies may want to consider expressing the prohibition of certain types of RSLEA Copyright © 2006 CALEA 22-5 July 2010 2006 March off-duty employment in general terms, such as proscribing off-duty employment that, in the opinion of the agency, would constitute a conflict of interest or would tend to bring discredit to the agency. The prohibition could be quite specific, such as by focusing on specific jobs or locations. (O O O O) 22.3.5 If the agency permits sworn personnel to engage in extra-duty employment, a written directive addresses the following: a. the requirement that sworn personnel must receive agency permission to engage in extra duty employment; b. policies that address the behavior and activities of officers during extra-duty employment; c. approval, review, and revocation processes pertaining to officers’ extra-duty employment; d. designation of a point of coordination or administration within the agency to oversee adherence to the aforementioned policies, processes, and other matters deemed appropriate by the agency; and e. documentation of the significant aspects of each officer’s extra-duty employment. Commentary: This standard pertains to sworn personnel whose secondary employment is of the extra-duty type, that is, outside employment wherein the actual or potential use of law enforcement powers is anticipated. Bullet (a) requires sworn officers to obtain permission of the agency to engage in extra-duty employment. In addition, the relationship between the extra-duty employer and the officer-employee may be governed by a written agreement between the agency and extra-duty employer. Among other provisions, an agreement might specify that payment by the extra-duty employer for the officer-employee’s services shall be remitted to the agency, which will promptly compensate the extra-duty officer. Regarding policies referred to in bullet (b), the agency might address the following matters, among others, if not already covered by the agreement: authority of officers while working in an extra-duty capacity; responsibilities of the officers to the agency and to extra-duty employers; matters of jurisdiction; callback, if required; limitations, if any, on the number of hours worked per given time period and on the number of hours worked immediately prior to reporting to the agency; use of agency property (weapons, uniforms, and the like); and liability, compensation, and indemnification issues arising from injuries or other incidents occurring during extra-duty employment. Regarding the approval, review, and revocation processes noted in bullet (c), the agency’s written directive should cover a description of those processes, types of extra-duty employment that are prohibited, and agreement by the extra-duty employer to restrictions, if any, on the types and conditions of employment, including an assessment of the potential risk of injury. With respect to bullet (e), documentation should reflect the unique needs of the agency, the relevant sections of its collective bargaining agreement, if any, as well as pertinent statutory requirements, e.g., the federal Fair Labor Standards Act. Among the significant aspects of extra-duty employment to document, the agency should consider the following: date, time, and place of employment; incidents that involved use of law enforcement powers, injury to the officer or others, complaints received, and court appearances (scheduled and actually attended) resulting from extra-duty employment; and liability and indemnification concerns stemming from actions during extra-duty employment. (M M M M) March 2010 July 2006 22-6 RSLEA Copyright © 2006 CALEA tions. From the outset, candidates should be made aware that sensitive or confidential aspects of their personal lives may be explored. Written notification of the expected duration of the selection process not only is a courtesy but also helps the agency better plan and coordinate its selection process. (M M M M) 32.1.5 All candidates not selected for positions are informed in writing. Commentary: Prompt notification in writing is not only an essential element of an efficient administrative organization but also is fundamental to a fair and effective selection process. Candidates should be informed within 30 days of such a decision. (M M M M) 32.1.6 A written directive governs the disposition of the records of all candidates not selected for appointment. Commentary: It is necessary to maintain selection data to ensure continuing research, independent evaluation, and defense against lawsuits. The agency should determine requirements, consistent with applicable laws, for maintaining identifying information, such as names and addresses. The agency should comply with all federal, state, and local requirements regarding the privacy, security, and freedom of information of all candidate records and data. (M M M M) 32.1.7 A written directive requires that selection materials be stored in a secure area when not being used and are disposed of in a manner that prevents disclosure of the information within. Commentary: The agency responsible for selection materials should limit access to them and store them in locked files to provide 24-hour security. Selection materials should not be left unattended. (M M M M) 32.2 Administrative Practices and Procedures 32.2.1 A background investigation of each candidate for all positions is conducted prior to appointment to probationary status, and includes: a. verification of qualifying credentials; b. a review of any criminal record; and c. verification of at least three personal references. Commentary: It is more reliable to conduct the inquiry in person, though telephone and mail inquiries are appropriate in obtaining criminal history and driving records. The investigation should routinely involve a home visit with the candidate and his or her family and interviews with neighbors. Background investigations are generally listed among the final stages in the selection process only to suggest that this is when they should be completed; they are likely to have commenced much earlier. (M M M M) 32.2.2 Personnel used to conduct background investigations are trained in collecting required information. Commentary: None. (M M M M) RSLEA Copyright © 2006 CALEA 32-3 July 2006 32.2.3 The agency has a policy regarding the retention of each candidate’s background information. Commentary: None. (M M M M) 32.2.4 If polygraph examinations or other instruments for the detection of deception are used in the selection process, candidates are provided with a list of areas from which polygraph questions will be drawn, prior to such examination. Commentary: Agencies are not required to administer polygraph examinations or other truth verification tests to all job classifications. For example, polygraph examinations may be required for sworn personnel but need not be required for non-sworn personnel. (M M M M) 32.2.5 If polygraph examinations or other instruments for the detection of deception are used in the selection process, the administration of examinations and the evaluation of results are conducted by personnel trained in these procedures. Commentary: The sensitive nature of these tests makes it necessary to rely upon examiners who possess professional training and credentials in the use and interpretation of these investigative tools. (M M M M) 32.2.6 A written directive prohibits the use of results of polygraph examinations or other instruments for the detection of deception as the single determinant of employment status. Commentary: Authorities agree that polygraph examinations or other instruments for the detection of deception should be used only as an investigative aid, if at all. An admission during pre-test, test, or post-test interviews, together with other information, may be sufficient to support decisions relevant to employment status. (M M M M) 32.2.7 A medical examination is conducted, prior to appointment to probationary status, to certify the general health of each candidate for a sworn position. Commentary: None. (M M M M) 32.2.8 An emotional stability and psychological fitness examination of each candidate for a sworn position is conducted and assessed by a qualified professional prior to appointment to probationary status. Commentary: None. (M M M M) 32.2.9 The agency has a policy regarding the retention of the results of medical examinations, emotional stability and psychological fitness examinations. Commentary: The agency should maintain a report of each physical examination and emotional stability and psychological fitness examination to ensure proper procedures are followed and to provide data for continuing research and legal defense, if needed. All records should be stored in a secure area. March 2010 July 2006 32-4 RSLEA Copyright © 2006 CALEA Access should be restricted to those persons legally entitled to review these records. The files or records may be maintained in agency files or at the location of the medical examination provider. (M M M M) 32.2.10 In the absence of controlling legislation or a collective bargaining agreement, at least a six-month probationary period for sworn personnel following completion of entry-level classroom training is required before candidates are granted permanent status. Commentary: The agency should include a probationary period among the final steps in the selection process. A six-month probationary period is generally accepted as a minimum among the law enforcement community and should be carefully related to the field training program (see standard 33.4.3). Exceptions to the probation period if any, should be described in the directive. Exceptions may include special assignments, injury, or illness occurring during entry-level training and remedial training. (M M M M) RSLEA Copyright © 2006 CALEA 32-5 July2010 2006 March Many commercially available tests have done validation studies that may be helpful to an agency. Nothing in this standard should be interpreted as preventing an agency from using a combination of methods to document the job-relatedness of its promotion process. The goal of this standard is to ensure that the agency has the documentation necessary to make a logical and persuasive case in the event of a legal challenge and that the elements of the promotion process measure skills, knowledge, abilities, and traits needed to perform that job. (M M M M) 34.1.5 The agency provides sworn personnel with a written announcement of the promotional process. Commentary: Announcements should be posted prominently and in a timely fashion and be augmented by periodic verbal reminders at staff meetings, conferences, and shift briefing sessions. A concise description of the vacancy should be provided, including the salary and the duties, responsibilities, skills, knowledge, and abilities required. Eligibility should be established during a formal qualifying period that continues until the closing date of the announcement, until the closing date for submitting a completed application, or until the date of the first scored part of the process, e.g., for a written examination. The description of the promotion process should be as detailed as is necessary to indicate clearly to candidates what they can expect. Information should include expected duration of the entire process; format, length, and duration of the written examination, if any; a summary of the role of the oral interview; cut-off scores on written and oral evaluations; a description of the assessment center, if any; and the numerical weight assigned to each element of the process. (M M M M) 34.1.6 A written directive establishes criteria and procedures for the development and use of eligibility lists, if any, for sworn positions to include, at a minimum: a. b. c. d. e. the numerical weight, if any, assigned to each eligibility requirement; the system of ranking eligible candidates on the lists; time-in-grade and/or time-in-rank eligibility requirements, if any; the duration of the lists; and the system for selecting names from the lists. Commentary: None. (M M M M) 34.1.7 A written directive requires at least a six-month probationary period for all sworn personnel who are promoted, with any exceptions defined. Commentary: The agency should include a probationary period among the final steps in the process to ensure newly promoted employees can assume the duties and responsibilities of the new positions, an intent consistent with selection procedures for entry-level officers. Employees on probation should be closely observed and evaluated frequently. Unsatisfactory performance should be identified and corrected early through counseling, training, or other suitable personnel actions to safeguard against the promotion of employees beyond their capabilities. Exceptions while rare may occur. The agency’s written directive should include criteria necessary to exempt a newly promoted officer from this requirement. (M M M M) RSLEA Copyright © 2006 CALEA 34-3 July2010 2006 March 42.2.8 The agency has a written directive concerning identity crime and procedures for: a. b. c. d. e. taking identity crime reports; specialized report forms, if any; providing information and assistance to identity crime victims; coordination of investigations with other agencies; and providing public information on prevention of identity crime. Commentary: Identity crime costs businesses, end consumers, and individuals billions of dollars. Significant credit problems and financial loss often affect an individual for years. Identity crime has been directly linked to terrorist activities in both funding operations and obtaining documents for illegal purposes. The initial agency report information may require the use of a special form designed to obtain information unique to this crime. Information from government agencies is readily available to assist a victim in providing notices of identity theft, re-establishing their identity and credit, and for public awareness presentations. (O O O O) 42.2.9 A written directive describes the procedures for the investigation of cold case files, which includes: a. defining a cold case; b. establishing cold case evaluation criteria; and c. recording agency investigative actions or activities. Commentary: Over time the position of persons involved and other factors in the situation may change and present new opportunities for law enforcement to solve the case. With recent advances in DNA (deoxyribonucleic acid) analysis, law enforcement has made a great advancement in its ability to identify unknown offenders, even years after the crime occurred. Law enforcement agencies should have a procedure where unsolved/cold cases are reviewed for new information or where the application of new technology may be successful in solving the cases. This is particularly important with serious crimes against persons, as these offenders tend to continue to commit similar acts. (O O O O) 42.2.10 The agency has a written directive governing procedures for both uniformed and nonuniformed personnel utilizing designated rooms for interviews and interrogation, to include: a. b. c. d. e. f. weapons control; security concerns; number of personnel allowed in the interview room; means and methods for summoning assistance, if needed; equipment or items to be kept in the interview room or area; and access to restrooms, water, or comfort breaks. RSLEA Copyright © 2006 CALEA 42-7 July 2008 Commentary: For the purpose of this standard, designated rooms include polygraph rooms, voice stress analyzer rooms, and other rooms where it is likely that an interview could turn into an interrogation and arrest of a person. The intent of this standard is to establish safe conditions for the various situations that law enforcement officers may encounter when conducting interviews or interrogations at law enforcement facilities. Occasionally, however, serious conditions unexpectedly develop such as an apparently cooperative suspect becoming combative. The agency should provide clear direction for the use of the interview room to ensure safety and the admissibility of any statements made therein. Standard 42.2.1, interviews and interrogations, is concerned with techniques to enhance the development of information relating to a crime. Standard 1.2.3 addresses applicable constitutional requirements concerning interviews and interrogations including access to counsel. (M M M M) 42.2.11 A written directive describes the procedures for using photographic or physical lineups in eyewitness identification to include the following: a. b. c. d. e. f. g. composition of lineup; using video and/or audio recording; situations where more than one eye witness is available; instructing witnesses prior to viewing lineup; identifying the level of confidence expressed by the witness; prohibiting feedback by the administrator; and documenting lineup and the results. Commentary: The intent of this standard is to establish reliable identification testimony by a witness. This standard needs to be evaluated in terms of the following factors that the courts have found to be relevant in identification testimony, namely: 1) the witness’ opportunity to view the criminal during the crime; 2) the length of time between the crime and subsequent identification; 3) the level of certainty demonstrated by the witness at the identification; 4) the accuracy of the witness’ prior description of the suspect; and 5) the witness’ degree of attention during the crime. In addition, the confidence level of the witness should be evaluated in terms of the witness’ statement, conduct or other relevant observations. (M M M M) 42.2.12 A written directive describes the procedures for using show-ups in eyewitness identification to include the following: a. b. c. d. e. f. g. compelling reasons under which a show-up may occur; manner of transportation to the show-up; situations where more than one eye witness is available; instructing witnesses prior to viewing show-up; identifying the level of confidence expressed by the witness; prohibiting feedback by the administrator; and documenting show-up and the results. July 2008 March 2010 42-8 RSLEA Copyright © 2006 CALEA Law enforcement agencies have a wide range of alternative remedies they may employ, ranging from warnings to intake. If allowed by law, written citations or summonses should be used rather than taking juveniles into custody. A copy of the citation should also be sent to the juvenile’s parents or guardians. The agency should have guidelines for making diversion decisions, such as the nature of the offense, the age and circumstances of the offender, the offender’s record, the availability of community-based rehabilitation programs, and recommendations for diversion from complainants or victims. Where appropriate and when resources are available, simple treatment by the agency alone, consisting principally of supervision on a voluntary basis agreed to by the parents, may suffice. In other cases, a relatively prolonged program of treatment or diversion on a voluntary basis, necessitating the services of one or more social agencies, may be needed. Agency referral of alleged juvenile offenders for formal legal proceedings should be restricted to those cases involving serious criminal conduct or repeated criminal violations. In general, delinquent acts requiring referral to the juvenile justice system would include all delinquent acts that, if committed by an adult, would be felonies; all delinquent acts involving weapons; all serious gang-related delinquent acts; all delinquent acts involving aggravated assault and battery; all delinquent acts committed by juveniles on probation or parole or by those with a case pending; and all repeated delinquent acts (within the preceding 12 months). Other cases that may require referral to the juvenile justice system include juveniles who have been selected for a diversion program but have refused to participate and cases in which it has been determined that parental supervision is not effective. If prevailing law specifies requirements for intake, the standard may be satisfied by incorporating reference to the law into the written directive. (M M M M) 44.2.2 The agency has written procedures for taking a juvenile into custody including, at a minimum, provisions for the following: a. determining whether the juvenile is alleged to have engaged in noncriminal misbehavior (a status offense); b. determining whether the juvenile is alleged to have been harmed or to be in danger of harm; c. ensuring that the constitutional rights of juveniles are protected; d. bringing the juveniles to the intake facility or the juvenile component without delay (unless a juvenile is in need of emergency medical treatment); and e. notifying parents or guardians of juveniles that the latter have been taken into custody. Commentary: The intent of the standard is to provide guidance to agency personnel in making custody decisions in juvenile matters. For the purposes of this standard the term “taking into custody” encompasses the concept of protective custody for juveniles. Agency procedures should also specify the responsibilities of law enforcement personnel during the processing of a juvenile taken into custody. (M M M M) RSLEA Copyright © 2006 CALEA 44-3 July 2006 44.2.3 A written directive describes the procedures for the custodial interrogation of juveniles. Commentary: In developing this directive, the agency should be aware that the voluntariness of the juvenile’s confession will generally be the issue. In determining whether a confession is voluntary, the courts look to the totality of the circumstances which includes a review of the following factors related to the juvenile defendant: 1) age, intelligence, educational background, 2) mental capacity, including whether the defendant was nervous and physical condition, 3) prior experience in the criminal system, 4) whether the defendant is suffering from any injury or pain at the time the statement is given, 5) the duration of the questioning, 6) time of day, 7) whether the defendant is tired and is desirous of sleep, 8) length of confinement, 9) whether Miranda or police caution warnings were given ,when, and whether he understood them, 10) whether the room size was of sufficient size and supplied with appropriate furniture, 11) whether defendant was cuffed or threatened, 12) whether defendant was refused the use of bathroom, food, or drink, 13) whether there was a promise of leniency, 14) whether the juvenile understood the interrogation process, 15) whether a youth officer is present during the interview, 16) whether the parents were notified, 17) whether the juvenile asked for a parent to be present, 18) whether the police prevented a concerned adult from speaking with the juvenile, which is a significant factor, and 19) familiarity with English or the official language. (M M M M) 44.2.4 A written directive describes the agency’s school liaison program. Commentary: School liaison programs can also provide a forum through which students, parents, faculty, and law enforcement officers can become acquainted and, as a result, earn mutual respect. Apart from the obvious benefits accruing to students, such programs demonstrate to parents and faculty that the agency has a genuine interest in the community’s young people. (O O O O) 44.2.5 The agency participates in and/or organizes community recreational youth programs. Commentary: Law enforcement agencies should take an active leadership role in developing community recreational programs for juveniles. This standard is intended to encourage the establishment of ongoing recreational programs as opposed to occasional events. This standard is additionally intended to address recreational program, as opposed to youth-oriented instructional programs, e.g., DARE, GREAT. (O O O O) March 2010 July 2006 44-4 RSLEA Copyright © 2006 CALEA