California Code of Regulations › Title 15 - Crime Prevention and Corrections › Division 3 - Adult Institutions, Programs and Parole › Chapter 1 - Rules and Regulations of Adult Operations and Programs › Subchapter 4 - General Institution Regulations › Article 1.5 - Use of Force and Restraining Devices › Section 3268 - Use of Force

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The purpose of this section is to set forth Department of
						Corrections and Rehabilitation (CDCR) policy governing the use of force. The policy
						has its foundation in California Penal Code statutes and relevant case
						decisions.
(a) Definitions.
(1) Reasonable Force:
The force that an objective, trained and competent
						correctional employee, faced with similar facts and circumstances, would consider
						necessary and reasonable to subdue an attacker, overcome resistance, effect arrest
						and custody, prevent escape, or gain compliance with a lawful
						order.
(2) Unnecessary Force:
The use of force when none is required or
						appropriate.
(3) Excessive Force:
The use of more force than is objectively reasonable to
						accomplish a lawful purpose.
(4)
					 Immediate Use of Force:
The force used to respond without delay to a situation or
						circumstance that constitutes an imminent threat to institution or facility security
						or the safety of persons. Immediate force may be necessary to subdue an attacker,
						overcome resistance, effect arrest and custody, or prevent escape. If it is
						necessary to use force solely to gain compliance with a lawful order, controlled
						force shall be used.
(5) Imminent
					 Threat:
An imminent threat is any situation or circumstance that
						jeopardizes the safety of persons or compromises the security of the institution and
						requires immediate action to stop the threat. Some examples include, but are not
						limited to, an attempt to escape, on-going physical harm, or active physical
						resistance.
(6) Controlled Use of
					 Force:
The force used in an institution or facility setting, when an
						inmate's presence or conduct poses a threat to safety or security and the inmate is
						located in an area that can be controlled or isolated.
(7) Non-Conventional Force:
Force that utilizes techniques or instruments that are not
						specifically authorized in policy, procedures, or training. Depending on the
						circumstances, non-conventional force can be necessary and reasonable; it can also
						be unnecessary or excessive.
(8)
					 Non-Deadly Force:
Any use of force that does not create a substantial risk of
						causing death or serious bodily injury (SBI).
(9) Deadly Force:
Any use of force that creates a substantial risk of causing
						death or SBI, including, but not limited to, the discharge of a firearm. Any
						discharge of a firearm other than the lawful discharge during weapons
						qualifications, firearms training, or other legal recreational use of a firearm, is
						deadly force.
(10) "Totality of
					 the circumstances" means all facts known to the peace officer at the time, including
					 the conduct of the officer and the subject leading up to the use of force.
(11) Response Supervisor:
The Response Supervisor is the first line supervisor in an
						institution or facility responsible for the area where an incident
						occurs.
(12) Responding
					 Supervisor or Field Supervisor:
The Responding Supervisor or Field Supervisor is the first
						line supervisor responsible for the employee involved in an
						incident.
(13) Incident
					 Commander:
The Incident Commander is the second line supervisor in an
						institution or facility responsible for the area where an incident occurs or an
						allegation of excessive or unnecessary force is received.
(14) First Level Manager:
A First Level Manager in an institution or facility is a
						Captain.
(15) A First Line
					 Manager is a:
(A) Parole Administrator, District
					 Administrator, or Administrative Officer of the Day (AOD), Division of Adult Parole
					 Operations (DAPO).
(B) Special
					 Agent-In-Charge, Office of Correctional Safety (OCS).
(C) Special Agent-In-Charge, Office of Internal
					 Affairs (OIA).
(D) AOD, Division of
					 Adult Institutions (DAI).
(16)
					 Second Level Manager:
A Second Level Manager in an institution or facility is an
						Associate Warden.
(17) Second
					 Line Manager is a:
(A) Chief Deputy Regional
					 Administrator, DAPO
(B) Deputy Chief,
					 OCS
(C) Chief, OIA
(18) Deadly Force Review Board (DFRB) is the board
					 responsible for conducting a complete review of incidents involving a use of deadly
					 force (except those meeting the exceptions listed in subsections
					 3268.3 (f)(1)(D), (E), or
					 (F). The DFRB also reviews every death or great
					 bodily injury (GBI) that could have been caused by a staff use of force, regardless
					 of whether the incident occurs in an institutional or community setting. The DFRB
					 shall be composed of at least four members. Three shall be non-departmental law
					 enforcement professionals. One shall be a Division, Parole Region, or Institution or
					 Facility Manager (i.e. Associate Director, Chief or designee) outside the chain of
					 command of the involved employee(s). Additional members may be designated by the
					 Secretary or designee.
(19)
					 Institutional Executive Review Committee (IERC):
The IERC is a committee of institution staff chaired by the
						respective Institution Head tasked with reviewing all uses of force and every
						allegation of excessive or unnecessary force.
(20) Department Executive Review Committee (DERC):
DERC is a committee of staff selected by, and including, the
						Associate Director who oversees the respective institution or facility Mission-based
						unit.
(A) The DERC shall review all
					 incidents involving serious bodily injury (SBI), or GBI that could have been caused
					 by staff use of force. Cases involving the use of deadly force (e.g. warning shots
					 per Penal Code section
					 835a(e)(1))
					 or SBI caused by a staff use of force can be referred by the Hiring Authority for
					 investigation to the OIA. In conjunction with these investigations, a Vertical
					 Advocate and a representative from the Office of the Inspector General (OIG) are
					 designated to monitor the case. Once a final decision has been made by the Associate
					 Director, the case will be closed and the decision will be reviewed by both the IERC
					 and DERC. The DERC shall also review those incidents referred to the DERC by the
					 IERC Chairperson. The DERC may also request to review any use of force incident
					 involving SBI or GBI.
(B) Cases where
					 the DFRB has rendered a decision relative to staff's use of deadly force shall not
					 require review by the DERC, as the finding has been reviewed and approved by the
					 Undersecretary. Additionally, the DERC shall not review cases involving staff's use
					 of force where OIA has conducted an investigation and a finding has been rendered by
					 the Hiring Authority.
(21)
					 Field Executive Review Committee (FERC):
The FERC is a committee of field staff chaired by a Regional
						Parole Administrator, OCS Chief or designee, or OIA Deputy Director or designee, in
						the respective area for which they are responsible, who is tasked with reviewing all
						uses of force including every allegation of excessive or unnecessary
						force.
(22) Deadly Force
					 Investigation Teams (DFIT):
DFIT is a team of OIA Special Agents who conduct
						administrative and criminal investigations into incidents involving the use of
						deadly force or a use of force that results in death or GBI. All discharges of a
						firearm by a peace officer, both on and off duty, shall be reported, pursuant to
						Sections 3268.1 and
						3268.3, to OIA and the Office of the
						Inspector General (OIG). OIA shall review or conduct a full investigation of the
						circumstances surrounding the discharge of a firearm, except the lawful discharge of
						a firearm during weapons qualifications, firearms training, or other legal
						recreational uses of a firearm.
(23) Joint Use Committee (JUC):
The JUC is a committee of field staff from the department
						tasked with reviewing and evaluating recommended revisions to the department's Use
						of Force Regulations and Procedures.