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Department of Corrections CHAPTER 5 — CUSTODY AND SECURITY OPERATIONS ARTICLE 1 — RESERVED (ORGANIZATION) ARTICLE 2 — SUPPLEMENT PROCESS Revised February 28, 1992 51020.1 Policy There may occasionally be a need at the facility/parole region level to clarify or supplement information in a section of the DOM. This need may arise from insufficient detailed information upon which to provide for day-to-day operation or it may occur based on a need to clarify specifics of operations provided in the DOM. When such needs occur a supplement shall be developed clarifying the manual. Supplements shall: • Be brief and generally no more than two to four pages for any DOM section. • Be attached to the applicable DOM section. • Not create new policy/regulation. • Clarify and not duplicate or conflict with the DOM provisions. A definition of regulation is that it: • Implements, interprets, or makes more specific the provisions of statute, case law, or regulations of controlling agencies. • Is a mandate and applies equally to all inmates, parolees, and the public in like situations. • Imposes a standard or required inmate behavior with consequences for noncompliance. • Imposes requirements which shall be met to qualify for any general entitlement or privilege available to inmates, parolees, or the public. • Imposes criteria which govern staff decisions affecting inmate custody, discipline, classification, programming, release date, visiting, transfer, etc. • Mandates fair and prompt staff response (due process) or entitlement (rights). 51020.2 Purpose The purpose of this section is to provide a process by which facilities and parole regions shall clarify the DOM for local operational purposes. 51020.3 Operational Supplements to the DOM An operational supplement shall contain only exceptional information required for day-to-day operation. It shall contain procedures required to accomplish the mandate of the DOM section. The supplement could include such things as who escorts certain groups of inmates within or from a specific housing designation or in which offices computers shall be located. Only when there is an exceptional need to add to the DOM section to provide for a specific operational need shall a supplement be used. Supplements shall be reviewed for policy compliance during the audit process. Supplements shall be in the same format as the DOM. 51020.4 Substantive Exemption to a Section of the DOM It is the intent of the Department not to have substantive changes to requirements of the DOM. However, on rare occasions there may be other mandates which require an exemption to some DOM section. Such mandated sections shall include court orders which affect a particular facility's operation or a statutory requirement not required to be implemented statewide. When such an exemption is required a justification shall be submitted by the appropriate deputy or assistant director to the Director for approval of the exemption. The justification for the exemption shall include a description of the mandate requiring the exemption and an evaluation of the consequences if it is not approved. 51020.5 Revisions The Assistant Director, OOC, or designee, shall be responsible for ensuring that the contents of this section are kept current and accurate. 51020.6 References PC §§ 5054, 5058. GC § 11304, et seq. CCR (1) §§ 10 - 128; and (15) § 3423. ARTICLE 3 — INCIDENT REPORT Effective December 27, 1989 51030.1 Policy Incidents, events and activities that occur within the jurisdiction of institutions and parole regions of immediate interest to the Department, other governmental agencies or the news media, shall be reported to the Director, the departmental Officer-of-the-Day or the Deputy Director, P&CSD as described in this section. 51030.2 Purpose This procedure defines staff responsibility and provides procedures and criteria for reporting incidents occurring within the Department. 51030.3 Reportable Incidents Examples of incidents which shall be reported: • All felonies committed by inmates, parolees, employees or the public on institution property, during transportation or under the jurisdiction of parole regions. • General or partial lockdowns. • Riots, inmate strikes or general demonstrations. • Major power failures. • Serious accidents or injuries. • Deaths. • Significant damage or destruction of state property. • Escapes or attempted escapes, (refer to DOM 55040, Escape Pursuit). • Any state of emergency as described in CCR 3383. • Any use or discharge of weapons, chemical agents or tasers. • Threats against the President or Vice-President of the United States, or threats against state officials. • Safety grievances (employees). • Employee job actions. 51030.4 Incident Reporting Procedures (Institutions) All reportable incidents shall be conveyed by telecopier on a CDC Form 837, Administrative Officer-of-the-Day (AOD) Incident Report, to the Director, by the 24-hour-a-day Identification and Warrants (ID) Unit. The current public and ATSS telephone numbers of the ID Unit shall be included in the telecopier and AOD instruction booklets or memos. 51030.4.1 Administrative Officer-of-the-Day Incident Report, CDC Form 837 The Administrative Officer-of-the-Day Incident Report, CDC Form 837, is the Department's initial written report to Central Office that an incident of departmental interest has occurred. It is essential that all information available at the time of the incident be entered into this report. Any subsequent updating of information relating to the incident should be forwarded to Central Office using the AOD 837 Log Number of that particular incident. Initial Report Content Initial reports by telecopier shall include all pertinent available information. New information significant to the incident shall be telecopied as received. Press Releases The Assistant Director, Communications, shall be notified by telephone of press releases or serious incidents. A written copy of the press release shall be telecopied to Communications following the verbal notification. 51030.4.2 Incidents on Department Buses The transportation sergeant or senior officer in charge of the bus shall be responsible for reporting incidents which occur during departmental transportation. The Captain, Transportation Unit, shall be responsible for the processing and distribution of incident reports prepared by staff of the transportation unit. Copies of the incident report shall be forwarded to institutions receiving inmates involved in transportation incidents. 51030.5 Formal Incident Reports A written incident report shall be prepared and submitted to the Director within 72 hours of all reportable incidents. The Warden or RPA will review and sign this report. 51030.5.1 Supplemental Incident Reports Initial incident reports to the Director shall be updated by supplemental incident reports until the incident is closed. The supplemental reports shall include all subsequent facts, information, and administrative actions taken relative to the incident. 51030.5.2 Incident Report Log Facilities and parole regions shall establish and maintain an official log on all reportable incidents. All initial incident reports shall be assigned a log number. Incident report log numbers shall be obtained from the original CDC Form 837, AOD Report, pertaining to the incident. All supplemental reports pertaining to a single incident shall contain the log number assigned to the initial report and shall be filed sequentially with the original report. 51030.6 Format and Content Revised February 26, 1993 The facility watch commander or program lieutenant in charge of the specific area where the incident occurred shall be responsible for the preparation of the incident report. Departmental incident reports shall be prepared in accordance with the following outline and format: • Subject. • Synopsis. • Persons involved. • Summary. • Action taken. The outlined sections shall contain the following information when applicable: • Subject. This section shall provide a brief one-or-two sentence description of the incident. • Synopsis. This section shall contain a brief, concise description of the incident and involvement of the principal person(s). It shall also contain a description of the injuries, a prognosis for each injured person, the location of the incident, and the extent of property damage if any. • Persons Involved. The following information shall be included on principal inmates involved: • Name(s) and prison number(s). • Custody classification and classification score. • Date received by the Department. • Date received by the facility. • Commitment offense and county of commitment. • Parole/discharge date/Board of Prison Term status. • List name(s) and job classification(s) of principal staff involved. • Summary. This section shall contain a detailed report of the entire incident including, when applicable, the following information: • Type of incident, date, and approximate time of occurrence. • Location of incident. • All facts, details, and conclusions. • Any criminal acts committed and by whom. • Any property damage incurred and value estimate of loss. • Number and description of weapon(s) used by perpetrator(s) or recovered following the incident. • Types of weapons used by staff, i.e., firearms, chemical agents, tasers, or other lethal/nonlethal weapons. Number of shots fired and/or amount of chemical agents expended shall be included in this section. (See DOM 32010, 54060, and 55050 for additional information on the taser.) • Compliance with procedures requiring review of medical/ psychiatric records before
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