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 3268.1 - Reporting and Investigating the Use of Force for Institution or Facility Staff

(1) Any employee who uses force or observes a staff use of force shall report it to a supervisor as soon as practical and submit the appropriate documentation, prior to being relieved from duty. In an institution or facility setting the documentation shall be reported within the IRT system in the Department's electronic database, which contains the same information as the forms incorporated by reference, or on a CDCR Form 837-A (Rev. 07/24), Crime/Incident Report Part A-Cover Sheet, CDCR Form 837-A1 (Rev. 10/15), Crime/Incident Report Part A1-Supplement, CDCR Form 837-B1 (Rev. 07/24), Crime/Incident Report Part B1-Inmate, CDCR Form 837-B2 (Rev. 10/15), Crime/Incident Report Part B2-Staff, CDCR Form 837-B3 (Rev. 10/15), Crime/Incident Report Part B3-Visitor, Other, CDCR Form 837-C (Rev. 07/24), Crime/Incident Report Part C-Staff Report, CDCR Form 837-C1 (Rev. 10/15), Crime/Incident Report Part C1-Supplement, or a CDCR Form 837-C2 (Rev. 10/15), Crime/Incident Report Part C2-Review Notice, which are hereby incorporated by reference.

(2) The supervisor shall document his or her review on a CDCR Form 3010 (Rev. 10/15), Incident Commander's Review/Critique Use of Force Incidents, which is hereby incorporated by reference, and forward it with the employee's document through the designated chain of command, to the institution head for approval or follow-up action.

(1) An employee who intentionally or accidentally uses deadly force, whether on or off duty, shall ensure that a supervisory employee is notified of the incident without delay. This reporting is not required for the lawful discharge of a firearm during weapons qualifications, firearms training, or other legal recreational use of a firearm.

(2) The response supervisor shall ensure that the chain of command is notified and all necessary health and safety, medical and security measures are initiated.

(3) The incident commander shall notify the OIA and the Office of the Inspector General (OIG) of any use of deadly force and every death or GBI that could have been caused by a staff use of force, no later than one hour from the time the incident is discovered.

(1) A video recording is required for all Controlled Uses of Force occurrences. A video recording of the incarcerated person is also required following a use of force occurrence resulting in SBI or GBI to the incarcerated person and shall be documented on a CDCR Form 3013-1 (Rev. 07/24), Incarcerated Person Interview for GBI and SBI Worksheet and a CDCR Form 3014 (Rev. 07/24), Report of Findings -- Incarcerated Person Interview, which are hereby incorporated by reference.

(2) A video recording of the incarcerated person shall be made when the incarcerated person has made an allegation of an unnecessary or excessive use of force and shall be documented on a CDCR Form 3013-2 (Rev. 07/24), Incarcerated Person Interview for Allegation Worksheet and a CDCR Form 3014 (Rev. 07/24), Report of Findings -- Incarcerated Person Interview, which are hereby incorporated by reference.

(3) When required by subsections 3268.1(d)(1)-(2), a video-recorded interview shall be conducted no later than 48 hours from discovery of the injury or allegation.

(1) For reported incidents, a good faith effort must be made at all levels of review in order to reach a judgment whether the staff's actions prior to, during, and subsequent to the force used was in compliance with regulations, procedure and applicable law and determine if follow-up action is necessary.

(2) Use of Force levels of review include the following:

(1) Every use of deadly force (except those meeting the criteria set forth in 3268.3 (f)(1)) and every death or GBI that could have been caused by a staff use of force shall be investigated by the Deadly Force Investigation Team (DFIT) and reviewed by the Deadly Force Review Board (DFRB).

(2) DFIT shall conduct criminal and administrative investigations of every death or GBI that could have been caused by a staff use of force and every use of deadly force, except those meeting the exceptions listed in subsections 3268.3 (f)(1) (D), (E), or (F)., the lawful discharge of a firearm during weapons qualifications or firearms training, or other legal recreational uses of a firearm.

(3) DFRB shall conduct a full and complete review of all incidents involving a use of deadly force (except those meeting the exceptions listed in subsections 3268.3 (f)(1)(D), (E), or (F).) and every death or GBI that could have been caused by a staff use of force, regardless of whether the incident occurs in an institutional or community setting.

(1) At least one Institution Head, as chairperson,

(2) At least one staff member from each DAI mission-based region, at the level of Lieutenant or Captain,

(3) At least one Use of Force Coordinator,

(4) At least three representatives from the California Correctional Peace Officer Association (CCPOA), as designated by the CCPOA,

(5) The Chief of OIG, or designee, and

(6) Others as needed and assigned by the Deputy Director, DAI.

The JUC shall meet quarterly as necessary, but not less than annually, to review recommended revisions.