CDCR LT Study Guide Questions and Answers with Complete Solutions, Exams of Advanced Education

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CDCR LT Study Guide Questions and

Answers with Complete Solutions

What is Sexual Harassment? - Correct Answer-Sexual harassment is any unwanted, unwelcome comments, looks, or overtones. It may be verbal, physical, or written. Supervisors and Managers are legally responsible for ensuring a harassment free work environment. Supervisors must take immediate action if the know harassment exist. What is the C.D.C. policy concerning sexual harassment? - Correct Answer-1) Employees have a right to a working environment free of discrimination, of which sexual harassment is part.

2. Employees are expected to adhere to a standard of conduct that is respectful and courtesy What is the law regarding sexual harassment? - Correct Answer-Title VII of the Civil Rights Act prohibits discrimination against any individual with respects on conditions or privileges on the basis of sex. As a supervisor, what would you do to ensure sexual harassment is being prevented? - Correct Answer-1) Train and advise staff it will not be tolerated
3. Make sure employees understand the Departments position.
4. Be a role model.
5. Have a sergeant make rounds daily to monitor facility or work area.
6. Personally make rounds as much as practical.
7. Make myself approachable to staff. What is Due Process? - Correct Answer-An established course of judicial proceedings or other governmental activities designed to safeguard the legal rights of the individual. Inmate Appeals - Correct Answer-The inmate has a right to appeal anything adversely affecting him.
8. Discipline
9. Appeals
10. Classification
11. Segregation
12. Programs What are the time frames to answer a CDC-602, inmate appeal? - Correct Answer- Inmate submit within 30 calendar days (3084.8(a)) Informal level completed within 30 calendar days First level (Sgt, Lt, or appeals coordinator) complete within 30 working days (3084.8(1)) Second level (Warden or designee) completed within 30 working days (3084.8(2)) Third level (director or designee) completed within 60 working days

More than 1 appeal within 14 days will be considered excessive (3084.4(1)) First appeal will be processed Rest will be suspended If abuse, inmate will be restricted to 1 appeal per month for 6 months What are the exceptions to normal appeal process - Correct Answer-Classification appeals/ disciplinary appeals admin 115's- 2nd level review final serious 115's- 3rd level review final (g) Disciplinary Appeals (1) A disciplinary action cannot be appealed until the hearing process is completed, including any re hearing. (2) Inmates who wish to exhaust their administrative remedies for "serious" disciplinary issues pursuant to section 3315 must appeal through the third level of review. BPT decisions Emergency appeals 3084.9 (a) Emergency appeals. Emergency appeals should not be used by inmates or parolees as a substitute for verbally or otherwise informing staff of an emergency situation requiring immediate response. 3084.9 (1) When circumstances are such that the regular appeal time limits would subject the inmate or parolee to a substantial risk of personal injury or cause other serious and irreparable harm, the appeal shall be processed as an emergency appeal. Emergency circumstances include, but are not limited to: (A) Threat of death or injury due to enemies or other placement concerns. (B) Serious and imminent threat to health or safety. Transfer appeals (h) Transfer Appeals. A decision for transfer to another institution may be appealed by the affected inmate after the transfer endorsement by the classification staff representative. (1) Filing of an appeal of a transfer decision shall not normally be cause to stay or delay a transfer except in extraordinary circumstances and at the discretion of the Warden or designee. Inmate may submit 1824 reasonable modification or accommodation request for medical or ADA appeal issues to be addressed by 15 working days. What is a CDC-114D? - Correct Answer-Order and hearing for placement in segregated housing explaining the charges and reasons for the placement. Due Process in the CDC-114D - Correct Answer-What is the Lieutenant's role in the CDC-114D

1. Ensure the inmates Due Process is being met.
2. Is your decision to place the inmate in Ad/Seg warranted?
3. Ensure the CDC-114D form is completed accurately.
4. Ensure the inmate is properly housed.
5. Ensure supporting documentation is given.

6. If a confidential is utilized, make sure confidential form is completed. What is the ultimate responsibility of the Hearing Officer in a CDC-114D (Wright Hearing)? - Correct Answer-Weigh all evidence and render a decision to either release or retain the inmate in Ad/Seg reference and reasons for the action taken. What are the parts of the CDC-114D? - Correct Answer-The original form has 4 parts, but there is a 5th part known as the CHO hearing or Wright hearing (Wright vs. Enomoto). Part 1: Notice of reasons for placement in Administrative Segregation. Part 2: Counsel Substitute Part 3: Waiver of hearing or of time to prepare and request for witnesses Part 4: CHO hearing or Wright Hearing Part 5: Hearing What paperwork is needed to place an inmate in ASU? - Correct Answer-Inmate Photo Identification Card 114D- Administrative Segregation Placement Notice 114A1- Inmate Segregation Profile. 7219- Medical Report of Injury/ Unusual Occurrence MAR- Medication Transfer Form 1083- Inmate Property Inventory/ Completed and signed by inmate Att. F (ADA appliance inventory chrono/ Even if no appliances are needed) 154- Bed Move Request/ Signed off by medical staff and Supervisor 128MH7- Ad-Seg Mental Health Screening Chrono/ Copy only original must be placed in UHR Copy of 1030 Confidential Information Notice (if needed) CDCR 128B/Noting additional information or special circumstances (if needed) 1882B Double Cell review if Inmate is to be placed in cell with another inmate. What are the Administrative Segregation Unit Placement Notice (114 D) lockup reasons / CCR 3336: - Correct Answer-Presents an immediate threat to the safety of self or others. Jeopardizes integrity of investigation of alleged misconduct or criminal activity. Endangers institutional security. Upon release from segregation, no bed available in general population. (Must be served 114D by at least 48 hours after lock-up, Must be seen by ICC within 10 days of placement and reviewed every 30 days until released by ICC) Inmate waivers/ Administrative review CCR 3337: Capt. Level must be first working day after lockup: - Correct Answer-Inmate waives or declines interview with reviewer Inmates waives right to 72 hours preparation time for ICC No witnesses requested by inmate Capt. Can release to facility/ retain pending ICC review D/C or S/C How many days to issue a 114d to an Inmate being placed in Ad-Seg? You have 48 hours (2 days) to issue a 114D.

Rule Violation Reports On A RVR what is the Lieutenant looking for to ensure Due Process has not been violated? - Correct Answer-1) The violated rule number matches the specific charge.

2. The circumstances relate or match the specific charge.
3. The RVR has been classified correctly.
4. The inmate has received a copy of the RVR 24 hours prior to the hearing.
5. Has the inmate received all copies of additional reports 24 hours prior to hearing?
6. Has inmate postponed hearing for D.A. referral?
7. Was an I.E. or S.A. assigned. Did inmate receive a copy of these reports. Did a mental health assessment get performed prior to the hearing if Inmate is a mental health status inmate?
8. Check for requested witnesses.
9. Time constraints: Did inmate receive all copies of reports 24 hours prior to hearing. Did the inmate receive a copy of RVR within 15 days of the alleged infraction? Was the hearing held within 30 days of receiving copy of RVR? If time restraints have not been met, SHO will bar the time credit forfeiture. What are the duties of the hearing officer? - Correct Answer-1) Know and follow the rules of Due Process.
10. Monitor the CDC-115 for proper notice.
11. Monitor the CDC-115 for timeliness.
12. Monitor the use of witnesses; if excluded, document why.
13. Review the I.E. report, if applicable.
14. Review the use of S.A.
15. Ensure the proper documentations are submitted.
16. Render a decision of guilty or not guilty based on the preponderance of evidence submitted. A post disciplinary hearing shall be held after one of the following: - Correct Answer-1) The inmate has revoked his postponement request.
17. The Institution received written notice from the D.A. stating their office is not going to prosecute the case.
18. Written notice received from the Institution Head stating will not refer case to D.A.
19. Written notice criminal proceedings are terminated with an acquittal. what is the Title 15 section for Serious 115s? - Correct Answer- 3315, What are rules violations are considered serious 115s? - Correct Answer-A crime involved Use of force Breach/ hazard to security Serious disruption Controlled substances Attempt at any of the above Possession of 5 or more dollars

May restrict visiting per 3176.4(d)(1) effective May 1, 03 $50.00 destruction/exchange/misuse of personal/state property Refuse to perform work Gambling How do you determine which inmates require effective communication and how would you establish effective communication with inmates. - Correct Answer-To determine inmates requiring effective communication I would check computer programs such as SOMS or the Disability and Effective Communication (DEC) program for any known impairments, disabilities, or required modifications necessary to achieve effective communication. If I was unable to access these programs I could check the medical 128B chrono section of the inmate's central file. You can establish effective communication by having the inmate read the document to you and explain what he read. You can read the document to the inmates slowly and in simple English asking the inmate questions to ensure he completely understand what was said. 3315, When is Investigative Employee (IE) needed? - Correct Answer-Issues complex Housing status i/m unable to collect evidence Additional info needed even if i/m waived assignment Can have S.A. also 3315, When is a Staff Assistant (SA) needed? - Correct Answer-Assist i/m in investigation, prep, and in hearing when: I/m illiterate/non-English speaking Issues complex, i/m does not understand (EOP or higher level of care and Dev. Dis. Inmates must have S.A. assigned) 3315, Witnesses in an Rules Violation Report - Correct Answer-i/m may request friendly and adverse witnesses Witnesses will be called unless Appearance would endanger witness Witness has no relevant or additional info Witness unavailable Witnesses may be called whether or not requested by i/m Reporting employee shall attend hearing if requested by I/m Under direction of SHO i/m has right to ask questions of all witnesses called Witnesses by telephone o.k. (speaker phone) 3315, What are the Dispositions in a Rules Violation Report? - Correct Answer-Not guilty Guilty of Admin 115, 115 reclassified, I/m assessed disposition authorized in 3314 Guilty as charged or guilty of an included serious rule violation

Suspension of privileges for 90 days starting day of hearing Detention or CTQ for no more than 10 days. If security not jeopardized, i/m shall be allowed to work/program assignment. Referral to Classification for consideration to Work Group C. Suspension of all or part of disposition, other than credit forfeitures, random drug testing and classification referrals, for up to 6 months. Impose all or part of a suspended disposition. Detention or CTQ may not extend past 10 days. Violations of 3323 ( c ) (7) Distribution of c/s ( d) (6) Possession of c/s includes controlled medication 1st offense i/m provide a minimum of one random drug test per month for 1 yr. 30 day suspension of privileges parole violator shall be referred to BPT AA/NA meetings as available For distributing only: loss of visits 1 yr. Followed by non-contact visits for 2 years For possession only: loss of visits 90 days followed by 90 days non-contact visits 121-130 day credit forfeiture Possession only 2nd offense Inmate must provide a minimum of two random drug tests per month for one year. 60 day suspension of privileges 5 day CTQ Referred for endorsement to a substance abuse program, provided eligibility criteria is met For distributing only: same as 1st offense For possession only: loss of visits 90 days followed by non-contact visits for 90 days 131-140 day credit forfeiture Possession only 3rd offense Inmate must provide a minimum of four random drug tests per month for one year. 90 day suspension of privileges 10 day CTQ Referred for endorsement to a substance abuse program, provided eligibility criteria is met, mandatory treatment shall be a condition of parole 3315, What are the hearing procedures and time limitations for a Rules Violation Report? - Correct Answer-A copy of the 115 and all non-confidential reports will be provided to the inmate w/in 24 hrs. after being classified, and w/in 30 days of the misconduct, but no later than 15 days from the date the information leading to the charges is discovered by staff A copy of the 115 to the i/m may be delayed up to 30 days when all of the following are met Misconduct could be prosecuted as murder, att. murder or battery on staff Investigation continuing W/in 15 days of discovery, postponement requested in writing is approved by chief disciplinary officer

Hearing held w/in 30 days of i/m receiving copy unless Charges were referred for possible prosecution Inmate has been granted a postponement pending outcome of referral Inmate transferred out of custody of department All postponements will be documented in findings section of 115 I/m advised of findings and disposition at end of hearing along with appeal rights and procedures Right to a fair and impartial hearing Copy given to i/m w/in 5 days after review by the chief disc. off. I/m shall normally be present at hearing unless i/m waives in writing Psychiatrist determines participation of i/m not reasonable I/m convicted of escape and has not returned to facility Following preclude denial or forfeiture of credits Copy of 115 not provided to i/m in time constraints Hearing not held w/in time constraints staff involved in the misconduct in any way cannot be assigned as SHO i/m witnesses shall not be transferred between facilities to testify unless SHO requires it i/m has right to be present when any witness is present a 3316, Referral for Criminal Prosecution. - Correct Answer-Time constraints (30 days) begin again when; a. i/m revokes postponement in writing b. written notification that D.A. will not pursue case written notification that criminal proceedings terminated Court decision of; to not prosecute/court dismissal of charges (w/o acquittal)-hearing will continue guilty/not guilty- accepted as the finding of fact plea agreement of lesser offense-Dept. not precluded from taking appropriate admin. Action based on original charge any verdict of the court shall not prohibit-actions on any lesser offenses included in the criminal charge 3317, Mental Health Evaluations for disciplinary Hearings - Correct Answer-Automatic referral for a mental health evaluation when; suspected self-mutilation attempted suicide ( if determined by mental health of actual attempted suicide, then 115 will be dismissed and 128 B will be issued)

3318. Assistance to Inmates for Serious Rule Violations. (also 8/5/02 Duncan Memo- Expectation of S/A) - Correct Answer-1.Investigative employee shall interview inmate gather information question staff & inmates who have relevant information screen witnesses

submit report to SHO copy provided to inmate 24 hrs prior to hearing I.E. works for SHO I.E. not held to confidentiality rules

2. Staff Assistant shall a. inform inmate of rights b. advise and assist inmate at least 24 hours prior to hearing c. refrain from giving legal advice or enter plea for i/m be present at hearing/ensure i/m understands everything upon i/m's request-keep past actions of i/m confidential disclose future contemplated crimes of i/m meet w/i/m after hearing to ensure i/m understood 3320.1. Hearings for Transferred Inmates. - Correct Answer-1. 115 will be heard prior to i/m transferring unless emergency transfer to higher security emergency medical/psychiatric treatment
3. if i/m was transferred prior to hearing following can be done a. i/m may be returned to facility where violation occurred b. hearing conducted where i/m currently is housed c. IE may be assigned Types of 115's: - Correct Answer-Administrative rule violations, is not a misdemeanor offense. (CCR 3314) Serious rule violations, (CCR 3315) a misdemeanor offense, felony offense, a threat of force or violence against a person, a breach or hazard to facility security, a disruption of operations, introduction or possession of narcotics or dangerous contraband. 115 forms: - Correct Answer-115 form, typed body of report, typed hearing results 115-A form, list postponement, staff assistant, I.E., typed IE report 115-C form, supplement page for continuation of report, IE, hearing, other info 804 form, notice of pending 115 115-MH Mental Health Assessment ( for bizarre and unusual behavior, EOP, DMH 115 process: - Correct Answer-Discovering employee writes 115 804 sent to records within 24 hours Classified by Lieutenant or above. Classifying employee may not here 115 Serve inmate his first copy; this must be done within 15 days of the date of discovery. If delayed beyond 15 days, no more than additional 30 days. The misconduct could be prosecuted as murder, attempted murder or battery on staff. An investigation is continuing to identify others involved in the misconduct. Assign IE if inmate is in Ad-Seg and Staff assistant if inmate is incapable of representing themselves or non-English speaking (effective communication), GPL 4.0 or lower, EOP, DMH

Hearing can commence no less than 24 hours after the inmate has received copies of 115 and all non-confidential reports to be used in hearing. The hearing must take place no more than 30 days after serving the inmate his first copy Due process: CCR 3320 - Correct Answer-ensure inmate has copies of all evidence being used against them allow inmate to be present at hearing allow inmate to present and dispute evidence allow inmate to ask question of all witnesses hearing officer will be impartial standard of proof, preponderance of evidence SHO shall not be below the rank of Capt.(facility/Correctional), CC III, Parole Agent III, experienced Lt., CC II, or PA II, (Disciplinary committee shall comprise of three of the above for serious A-1 Offenses) Findings / Disposition of CDC 115, CCR 3315(f) - Correct Answer-Not guilty dismiss for interest of justice Find guilty of admin. 115 and reclassify as admin. Find guilty of serious CDC 115 and assess loss of credit, suspension of privileges for up to 90 days Suspension on all or part of disposition, does not include LOC Imposition of all or part of existing suspended disposition Referral to ICC for program status change (C-status / SHU term) Drug related suspensions: refusal to test will result in new CDC 115 and new testing, may impose one or more of the following assessments: - Correct Answer-Mandatory testing for one year from date of order first offense, minimum one random test per month for one year and loc 121- second offense, minimum two random tests per month for one year and loc 131- third offense, minimum four random tests per month for one year and loc 141- Visiting privileges suspension violation of 3323(c) 7 ( distribution ), loss of visits for one year, followed by non-contact for 2 years violation of 3323(d) 6 ( possession ) first offense, loss of visits 90 days, followed by non-contact for 90 days second offense, loss of visits 90 days, followed by non-contact for 180 days third offense, loss of visits 180 days, followed by non-contact for 180 days Suspension of privileges first offense 30 days second offense 60 days third offense 90 days Additional assessments First offense, inmate must attended AA or NA, or Ed. program if available second offense, endorsement to a SAP program third offense, endorsement to a SAP program, mandatory as a condition of parole

You are the senior hearing officer. What rights do you ensure the inmate gets? - Correct Answer-Right to an impartial hearing Right to receive a classified copy within 15 days of incident. Right to The hearing must be heard within 30 days of being issued a copy. Right to receive copies of all reports and evidence being used against him at least 24 hours prior to the hearing. Right to call witnesses Inmate must be issued a 1030 (Confidential disclosure form) when confidential information is being used against him. Right to a staff assistant if warranted Right to an investigative employee if placed in ASU. Right to medical accommodations during the hearing. Inmate will be issued a final copy within five days of review by the Chief Disciplinary Officer. Inmate has 15 days to appeal. What are the reasons you can transfer an inmate with a pending 115? - Correct Answer-An inmate's pending disciplinary hearing shall be conducted before the inmate is transferred to another facility unless any one of the following circumstances apply: An emergency transfer to a higher security level is necessary based on charges of involvement in a major disturbance or serious incident. The inmate is charged with escape from a Level I or II facility and will not be returned to the facility from which the inmate escaped. The inmate requires emergency medical or psychiatric treatment. When an inmate is transferred before a disciplinary hearing or a rehearing is ordered on the rule violation charges after the inmate's transfer, one of the following methods shall be used to facilitate the disciplinary hearing process: The inmate may be returned to the facility where the violation occurred. The institution head at the facility where the violation occurred may request the hearing be conducted by staff where the inmate is currently housed or staff from the facility where the violation occurred may conduct the hearing at the facility where the inmate is housed. What are the contents of a CDC-1030 Confidentiality Report? - Correct Answer-1) Contain as much information as possible without revealing the source.

2. Contain a statement of reliability.
3. Contain a reason for not disclosing the informant's identity.
4. Contain a statement of reasons conclusion was reached. How may a confidential source's reliability be established? - Correct Answer-1) The confidential source has previously provided information which has proven to be true.
5. Other confidential source(s) have independently provided the same information.
6. The information provided by the confidential source is self-incriminating.
7. Part of the information has proven true.
8. The confidential source is the victim.

What do you do as the Senior Hearing Officer, hearing a 115 with Confidential Information? - Correct Answer-Ensure the Inmate has received a copy of the CDC 1030 and review the information listed on the 1030 as it pertains to the RVR. Review the confidential information 128B Chrono/Memo for further information. Maintain confidentiality of the information outside of what was divulged in the CDCR 1030. Refer to the confidential information in the body of the disposition. Confidential Information / material: CCR 3321 - Correct Answer-Types of information classified as confidential information if known to the inmate would endanger the safety of another information which would jeopardize the security of the institution specific medical or psychological information if known to the inmate would be detrimental to the inmate information provided by and classified by another government agency information must be corroborated unless source is documented as reliable Documentation for a confidential source shall include an evaluation of the source reliability, a brief statement of the reason for the conclusion, and a statement of reason why the information or source is not disclosed. Form given to inmate CDC 1030 the fact the information came from a confidential source statement of the reason why the source or information is not disclosed an evaluation of the source reliability disclose as much information as possible without identifying the source Documentation for reliability: 3321(c) The confidential source has previously provided information which proved to be true. Other independent sources have independently provided the same information. The information provided by the confidential source is self-incriminating. Part of the information provided is corroborated through independent investigation or by information provided by non-confidential sources. The confidential source is the victim part of information has proven true Confidential source is a victim Why is there inmate discipline? - Correct Answer-It is to maintain control, conserve human values, individual dignity and to promote social desirable changes in attitude and behavior. What is the Disciplinary Credit Forfeiture Schedule? - Correct Answer-1) Division "A-1" offenses; credit forfeiture of 181-360 days.

2. Division "A-2" offenses; credit forfeiture of 151-180 days.
3. Division "B" offenses; credit forfeiture of 121-150 days.
4. Division "C" offenses; credit forfeiture of 91-120 days.
5. Division "D" offenses; credit forfeiture of 61-90 days.
6. Division "E" offenses; credit forfeiture of 31-60 days.
7. Division "F" offenses; credit forfeiture of 0-30 days.

3323. Disciplinary Credit Forfeiture Schedule. - Correct Answer-A-1; 181-360 days. (1) Murder, attempted murder, and solicitation of murder. Solicitation of murder shall be proven by the testimony of two witnesses, or of one witness and corroborating circumstances. (2) Manslaughter. (3) Battery causing serious injury. (4) Attempted battery or battery with a deadly weapon or caustic substance. (5) Rape, attempted rape, sodomy, attempted sodomy, oral copulation, and attempted oral copulation against the victim's will. (6) Taking a hostage. (7) Escape with force or violence. (8) Possession or manufacture of a deadly weapon or explosive device. (9) Solicitation to commit an offense listed in subsections (b)(3), (b)(4) or (b)(5) above. A-2; 151-180 days. (1) Arson involving damage to a structure. (2) Possession of flammable, explosive, or combustible material with intent to burn any structure or property. (3) Destruction of state property valued in excess of $400 during a riot or disturbance. (4) Any other felony involving violence or injury to a victim not specifically listed in this schedule. (4) Solicitation of battery with a deadly weapon or battery by means of force likely to produce serious injury, arson, or a forcible sex act. (5) Attempted escape with force or violence. (6) Introduction or distribution of any controlled substance, as defined in section 3000, in an institution/facility or contract health facility. (7) Extortion by means of force or threat. (8) Conspiracy to commit any Division "A-1" or "A-2" offense. (9) Solicitation to commit an offense listed in subsections (c)(1), (c)(3), or (c)(8) above. B; 121-150 days. (1) Battery on a peace officer not involving the use of a weapon. (2) Assault on a peace officer by any means likely to cause great bodily harm. (3) Battery on a non-prisoner. (4) Threatening to kill or cause serious bodily i What is the Peace Officer Bill of Rights? - Correct Answer-1) To know the nature of the investigation prior to interrogation.

2. To know the names of all persons present during questioning.
3. To know who will be in charge of the questioning.
4. To a representative. Information given the Rep. is confidential.
5. Right to refuse a polygraph examination.
6. Right to attend to physical needs during session.
7. Right to record the interrogation with their recorder.
8. Right to any reports, unless strictly confidential.
9. To a Miranda warning if criminal charges are imminent.
10. To Review anything negative before it is placed in your personnel file.

What must Administration do in the POBOR? - Correct Answer-1) Hold interrogation at a reasonable hour, while you are on duty or pay you for time spent off duty.

2. Refrain from using more than 2 interrogators at one time.
3. Refrain from use of offensive or abusive language.
4. Refrain from unreasonable long interrogation.
5. Refrain from bribery to elicit desired answers.
6. Refrain from giving your address or photograph without your consent.
7. Refrain from a "punitive" job change as a result of your exercising your rights.
8. Refrain from questioning regarding your financial affairs.
9. Refrain from searching your locker until you've been notified in advance, or has obtain search warrant or you are present.
10. Provide you access to any tape recording made during the session. Under POBOR, the employee must what? - Correct Answer-1) Within 30 days, if desired, submit rebuttal to anything negative placed in their personnel file.
11. Cooperate with criminal investigations.
12. Answer all questions which relate directly to the investigation. What are the employee's grievance time frames? - Correct Answer-Step 1-Informal discussion: Employee submits within 15 workdays, response within 5 working days. Step 2-Formal grievance filed by employee within 5 work days. Response by appointed power within 20 working days. Step 3-Employee has 15 work days to appeal. Headquarters has 15 work days to respond. Step 4-Employee may appeal this decision within 15 work days. The Director must respond within 20 calendar days. POBR: - Correct Answer-1. Know the nature of investigation prior to interrogation

2. Know names of all persons present
3. Know who is in charge of questioning
4. Right to a representative
5. Refuse polygraph
6. Go to restroom
7. Record interrogation w/ personal recorder
8. Copies of all reports except confidential
9. Miranda rights if criminal charges imminent
10. Review anything negative prior to placement in personnel file What are the 7 concepts of Treatment of People? - Correct Answer-1) Treat people with respect.

2. Treat people with dignity.
3. Give recognition.
4. Give appreciation.
5. Remember teamwork.
6. Allow for new ideas.

7. Have unity. What are the expectations of Treatment of People? - Correct Answer-1) Treat each other with respect and dignity.
8. Value our differences and use them as strengths.
9. Work collaboratively toward shared goals.
10. Encourage exploration of new ideas.
11. Be recognized for our achievements. What is the section for Adverse action? - Correct Answer-33030.6 EMPLOYEE PERFORMANCE STANDARDS STANDARDS BASED UPON ANY FACTOR AFFECTING WORK PERFORMANCE - Correct Answer-ATTENDANCE ACCURACY PRODUCTION RELATIONS IMPLEMENTATION WHEN - Correct Answer-FAILURE TO IMPROVE AFTER REPEATEDLY ADVISED MEANS OF CORRECTION HAVE BEEN ATTEMPTED W/OUT SUCCESS PURPOSE - Correct Answer-TO PROMOTE GOOD PERSONNEL MANAGEMENT COMPLY W/ DEPT. POLICIES THRU UNIFORM METHOD SUPERVISOR'S RESPONSIBILITY - Correct Answer-RECOMMEND ADVERSE ACTION PROVIDE EMPLOYEE W/ COPY OF DECLARATION TYPES OF NON-ADVERSE ACTION - Correct Answer-VERBAL REPRIMAND CORRECTIVE INTERVIEW LETTER OF INSTRUCTION DENIAL OF MERIT REJECTION OF PROBATION TYPES OF ADVERSE ACTION - Correct Answer-OFFICIAL REPRIMAND SALARY REDUCTION SUSPENSION DEMOTION DISMISSAL D.A. PROSECUTION SKELLY HEARING - Correct Answer-RIGHT TO RESPOND TO CHARGES PRIOR TO PUNITIVE ACTION

LOI - Correct Answer-COMMUNICATION TOOL FOR IMPROVING WORK PERFORMANCE DOCUMENT DISCUSSIONS RELATIVE TO EMPLOYEE'S MISBEHAVIOR OUTLINE EXPECTATIONS W/ TIME FRAMES RESULTS OF FACE TO FACE DISCUSSIONS LETTER STAYS IN FILE FOR UP TO 1 YEAR MAXIMUM LESS THAN 1 YEAR AT SUPERVISOR'S DISCRETION GOVERNMENT CODE 19572 - Correct Answer-Fraud Incompetency Inefficiency Inexcusable Neglect of Duty Insubordination Dishonesty Drunkenness on Duty Intemperance (outbursts of anger) Addiction Inexcusable absence Moral Turpitude Willful disobedience Unlawful discrimination/harassment Incompetency EMPLOYEE MISCONDUCT: - Correct Answer-Time Frames31140. Shall normally conclude misconduct issues w/in 1 year of date of discovery Longer than 1 yr. Precludes taking Adverse Action except in abnormal circumstances Investigations shall be completed w/in 60 days of the assignment of staff to conduct the investigation Witnesses31140.9. An employee, not the subject of the investigation, is not entitled to representation or prior notification of an intended interview 31140.9. Criminal charges may be pending Interrogator shall read and complete prior to interrogation Rights portion of 989-D Advisement of rights- Miranda/Lybarger Warning 31140.9. Interview will be recorded when reasonably possible Employee shall have access to the recording made by CDC if any further proceedings are contemplated or before any subsequent interview However if criminal investigation is initiated and subject of interview does not invoke Miranda Rights, access to any recording is prohibited. Employee Discipline CCR 3390 thru 3401: - Correct Answer-Preventative:

A. Verbal B. Training IST/OJT Corrective: Letter of Contact (LOC) placed in supervisory file for up to 6 months 1123 Employee Counseling Chrono/ Letter of Instruction (LOI), must serve 30 days after infraction, placed in personal file for up to one year Adverse: Letter of Reprimand (LOR) placed in personal file for up to 3 years max Pay Reduction Demotion in Rank, Suspension, Termination, Possible Criminal Prosecution Types of investigations: DOM 31140.1- category I misconduct handled at and investigated at the local facility by management and supervisors, (Formal referral form 989 for both cat 1 @ 2) category II serious misconduct outside the local scope of a facility, refer to OIA and usually involve misdemeanor and felony misconduct investigation must be concluded by one year to take adverse action Peace Officer Procedural Bill Of Rights (P.O.B.A.R.) Government Code section 3300: - Correct Answer-Employee has the right to: Know nature of the charges. Know the names of all persons present during questioning. Know who is in charge of the questioning. Have representation, Information given to the representative is confidential administration may not make the representative divulge any information. Have physical needs met. Refuse a polygraph examination, without it being held against them administration must not note, in any way the refusal. Tape-record the proceedings. Obtain copies of all reports and documents, unless they are strictly confidential. "Miranda" rights if criminal investigation/charges appears imminent. View anything prior to its being placed in their personnel or supervisory files. B. Administration must refrain from: Bribery Threats and/or abusive language Unreasonably long interrogation Having the interrogation at an unreasonable hour Release personal information to anyone Punitive job changes Searching your locker or vehicle without permission Having more than two interrogators at a time Discussing financial affairs Denying access to any tape made 3 Basic Grievances - Correct Answer-1. Contract

A. Interpretation, application or enforcement of MOU B. The only grievance that is able to be arbitrated

2. Policy A. Dispute w/interpretation of law, policy, rule or procedure not covered in MOU
3. LOI's
4. Performance Reports
5. Alleged POBR violations B. Grievance to Director's level only
6. Health and Safety Dangerous/ unsafe conditions Steps of Grievances - Correct Answer-1. Step 1 A. Informal Discussions
7. W/ immediate supervisor w/in 21 calendar days of alleged violation
8. Supervisor- response w/in 7 calendar days
9. Step 2 ( appointing authority or designee ) A. Formal Appeal
10. No later than 7 days of decision at Step 1
11. Or w/in 21 days if Step 1 was bypassed
12. 21 days for response
13. Level for "mini arbitration"
14. Step 3 ( Director CDC, CYA ) A. Formal Appeal
15. 21 days after receipt to appeal to Step 3
16. Response w/in 21 days
17. Step 4 ( Dept. Of Pers. Admin. ) A. Formal Appeal
18. 21 days after receipt to appeal to Step 4
19. W/in 21 days for response SUBSTANCE ABUSE AND ALCOHOL TESTING PROGRAM- CLARIFICATION: - Correct Answer-Memo dated Aug. 16, 1999 by James Hall Warden (a) prohibited conduct related to alcohol or drugs No employee in a sensitive position shall report to duty or remain on duty..... with a breath alcohol concentration of 0.04 or greater You are the Watch Commander. An employee is attempting to come on grounds to report to their work assignment, they appear to be drunk. What are you going to do? - Correct Answer-1) I'm going to delegate and send the O.P. Sergeant to verify the employee's condition and receive an opinion from them.

2. If employee is intoxicated, employee will not be allowed to work.
3. Isolate the situation and maintain the employee's dignity.
4. The employee's actions will determine my actions.
5. I will not allow the employee to drive off themselves.
6. I will let the employee call someone to drive him home.

7. If employee refuses to call alternative driver and drives themselves, I will notify CHP and local law enforcement agency.
8. I will write a report of the incident. Submit the report to the employee's supervisor and send copies of the report to the Custody Captain, ISU, and ERO.
9. I will have a follow up meeting with the employee and refer them to EAP. What are the stages of an emergency in disturbance control? - Correct Answer-1) Stage 1-Incidents for which it is determined that containment and control can be achieved by on duty staff.
10. Stage 2- Incidents for which it is determined that containment cannot be achieved by on duty staff and which may be controlled with the assistance of off duty staff. Notify in this order

1. CRT
2. Custodial staff members scheduled for next duty shift
3. Custodial staff members not scheduled for next duty shift Stage 3- Incidents for which it is determined that containment cannot be achieved by Intuitional staff and assistance is required from intra-departmental personnel, CYA personnel and local mutual aid and/or fire units. 55030.9. 55030.9.1 in any emergency where outside asst. is required, facility personnel and assisting forces shall work on a 12 hr. shift.

4. Stage 4- Incidents for which it is determined that containment cannot be achieved by Institutional, Intra-agency and local mutual aid personnel and additional mutual aid through the California Office of Emergency Services is required. Disturbance Control Isolate-Specific action in the immediate situation. Control-Stop all movement. Identify-Identify all participants/witnesses in the disturbance. Asses-Visually and statements from staff witnesses. Notify-Supervisor, central control, and Security Squad if necessary, Medical-Summon and direct to provide first aid until further medical treatment is available. If inmate removal is necessary document the movement and mark the area the inmate was moved from. Relieve officers-If firearms are used, call for EPTP. Insure that the weapon used is replaced, and secured into evidence, retrieve and secure the spent shell casings. Assign crime scene entry/exit monitor-give specific instructions to secure the scene and mark the perimeter, (tape, cones etc.) Document all staff entering or leaving You are the Facility Lieutenant and the Sergeant informs you that staff utilized their MK- 9 to quell a cell fight incident. What do you do? - Correct Answer-Assess the situation and gather information from primary involved staff. Ensure that staff and inmates are treated for any injures and documented on a 7219. Ensure the inmate (subjects) is decontaminated for OC exposure. Ensure any affected inmates or staff is decontaminated. Have the involved inmates placed in holding cells. Interview the inmates separately to determine circumstances and assess possible safety concerns.

If no safety concerns, have inmates sign compatibility chrono's and re-house one or both inmates. If safety concerns, re-house one or both inmates on a separate facilities and possibly Ad-Seg. Gather staff reports and complete an incident package. Issue inmates appropriate RVR's for their involvement. The Facility Lieutenant advice he had a 200 man riot. What is your role as the Watch Commander - Correct Answer-Ensure that the incident commander has all available resources at his disposal. Order a lockdown of all inmates and suspend any movement and activities. Assist in coordinating a responding code 3 response Freeze the gate to staff not on a double if close to shift change Ensure Range Staff is ready to provide extra munitions if needed. Ensure CTC Staff is ready to receive inmates who may require emergency medical attention and stage transportation teams at the ready in case they are needed. Notify the AOD You are the Watch Commander. There is a melee on the Level 1 yard. What are you going to do? - Correct Answer-1) Initiate disturbance control plan.

2. Freeze gates.
3. Gather resources (staff).
4. Secure Institution.
5. Appoint another Lieutenant as Acting Watch Commander.
6. Respond to area.
7. Assess situation.
8. Post weapons.
9. Isolate, contain and set security perimeter.
10. Once disturbance is controlled, seek medical care for inmates and staff.
11. Preserve crime scene.
12. Process all evidence.
13. Identify all inmates.
14. Conduct emergency count.
15. Write reports and all other necessary paper work.
16. Ensure inmate's property is secured.
17. Make notifications.
18. Ask Employees if post trauma is necessary.
19. Interview Inmates. In CCR Title 15 Section 3302, what are the Emergencies? - Correct Answer-1) War
20. Earthquake
21. Seismic Sea waves
22. Flood
23. Fire
24. Civil Disturbance
25. Accident, Transportation industrial

8. Pollution Serious Assault on staff: - Correct Answer-Notify supervisor Video tape inmates movement to R&R. Transport inmates to alternate institution. Notify family members by sending staff to residence and drive family to hospital. PTT CCPOA notification GASSING OF STAFF: - Correct Answer-Swabs must be taken immediately of the substance thrown and placed into evidence The CTC Sergeant informs you that he has a code 2 medical emergency. What do you do? - Correct Answer-Review inmate's C-file to check case factors (escape history, history of violence, commitment offense, length of confinement, gang status) to determine appropriate measures for escort to outside medical facility (One armed staff member/two armed staff, the need for a Sergeant). Notify Watch Sergeant to assign appropriate transportation staff. Prepare the following documents and ensure inmate has a picture ID with a current picture. 7252 Request for Authorization of Temporary Removal for Medical Treatment 2170 Inmate Transport Guidance Assessment 7219 Medical Report of Injury or Unusual Occurrence 154 Inmate Transfer/Housing Change Request 123 Body Receipt What is the role of the Lieutenant prior to and during a cell extraction? - Correct Answer- Receives information from the Sergeant regarding the possible need for extraction. Responds to the unit to interview the inmate. Contacts the Facility Captain or AOD for authorization to conduct the extraction. Asks for approval to use special tools such as OC, BRD, 40mm based upon the situation. Upon approval, notifies the designated Sergeant to assemble the Extraction Team. Contact medical personnel for OC approval and request presence during the extraction. Notify mental health staff to respond for intervention Prepares the Operational Plan for the extraction. Coordinates plan preparation with supervisors and selected team members. Briefs all staff involved in the extraction Inspects Personal Protective Equipment Don Personal Protective Equipment. Initiates scribe functions. Assembles team for video recording of introductions. Provides recorded briefing of the situation. Proceeds to the cell with the Video Officer and provides the UOF admonishment to the inmate. Allow for cool down period. Dispenses OC as appropriate.

Instructs designated staff to use the BRD, as required. Orders the team to prepare for the extraction. Orders actual extraction of inmate(s). Oversees extraction procedures. Coordinates tactics with supervisors and selected team members. Ensures all inmate(s) receive medical evaluation (7219). Determine if any staff suffered injuries. Ensure any affected inmates or staff is decontaminated. Ensures the cell is prepared to re-house inmates, unless it is designated a crime scene. Ensures all crime scene preservation functions are performed. Coordinates preparation of required reports. Notifies supervisory staff of the termination of cell extraction activities. Prepares an incident package. Issue an RVR to the inmate(s). which incidents will be reported on a CDC-837 - Correct Answer-Incidents, events and activities of immediate interest to the Department, other government agencies or the news media. Examples:

1. All felonies committed by inmates, parolees, employees or the public on Institutional property or during transportation or under the jurisdiction of parole regions.
2. General or partial lockdowns.
3. Riots, inmate strikes or general demonstrations,
4. Major power failures.
5. Deaths.
6. Significant damage or destruction of state property.
7. Escapes or attempted escapes.
8. Any state of emergency as described in CCR Title 15.
9. Any use of force.
10. Threats against the President or Vice-President of the U.S., or threats against state officials.
11. Safety grievances (employees)
12. Employee job actions. Crime and Incident reports: CDC 837 - Correct Answer-A. Forms: 837-A cover sheet description of incident 837-A1 supplement, continuation page for description of incident 837-B1 inmate information 837-B2 staff information 827-B3 visitor information 837-C staff report first page 837-C1 supplement, continuation of report 837C-2 Review notice, clarification request Use of force Critique, Incident Commander 3014 Video tape interview of inmate for head injuries during use of force/ allegations of excessive force

Supplement incident report: details overtime/ pie hours 7219's Body sheets 114d's Ad-Seg lock up orders mutual combat i/ms will be automatically be written as enemies on 114 a-1 Classification will determine enemy status. Drawings/ photos NOU 115's by staff 1030 confidential information disclosure forms 2 parts Disclosure of reliability (2 of 6 must be present) provided proven true information in past passed a polygraph test more than one source independently provided the same information self-incrimination part of the info provided has already proven true not on form and will not be put on 1030 Inmate was victim Disclosure of information a. what is alleged b. criteria for confidential information

1. information which, if known to the i/m, would endanger the safety of any person
2. info which jeopardizes the safety of the institution
3. medical/psych info which if known to i/m would be detrimental to i/m
4. info classified as confidential by another agency Types of reportable incidents: - Correct Answer-all felonies committed by inmates, parolees, employees, on institutional property, transportation, or parole regions general or partial lockdowns riots, inmates strikes or demonstrations major power failures serious accidents or injuries deaths significant damage or destruction of state property escapes or attempted escapes any state of emergency any use or discharge of weapons, chemical agents or tasers threats against the president, vice president, or state officials safety grievances (employees) employee job action You are the Incident Commander. What are the most important things you do in the 837? - Correct Answer-Ensure staff actions prior to, during, and following the Use of

Force are in compliance with departmental policy, procedures and training. Ensure reports are accurate, concise and complete. If reports are not complete note discrepancies and request clarifications or additional information from reporting staff. Right Side Part A- Cover Sheet (General information, location, type of incident, type of facility, CCR code, and brief description of incident) Part A1- Synopsis/Series of Events (Precipitating events, suspects, victims, witnesses, evidence collected, escorts, holding cells, decontamination, medical/injuries, video interview, notifications, and conclusion) Part B1- Involved Inmates (Name, ethnicity, CDCR#, birth date, FBI#, CII#, date rcvd CDC and institution, release date and type, commitment offense, injuries) Part B2- Involved Staff (Name, ID#, Post#, Badge #, Time of service, Post description, participation, use of force) Part B3- Involved Visitors (Same info as staff) Part C- Staff Reports (Review for clarity and detail in use of force. Make sure use of force info is included ie distance from OC and aim point for any UoF option. If all criteria not met issue CDCR 837C2 clarification report requesting clarification or additional information so as to bring reports into compliance) Part C1- Continuation of Reports (additional information, continuation, or any required clarifications) Part C2- Supplemental Reports, also used for Clarifications Left Side Check List (ensure all items for IC are checked off and utilize folder checklist to ensure all required paperwork has been completed and included in folder) Incident Commander's Review/ Critique (fill out form to ensure all UoF incidents have met within department policy. Ensure staff's actions prior, during, and following UoF were within policy) Hol What is the definition of Reasonable Force? - Correct Answer-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 custody, or gain compliance with a lawful order What is the definition of Unnecessary Force? - Correct Answer-The use of force when none is required or appropriate. What is the definition of Excessive Force? - Correct Answer-The use of more force than is objectively reasonable to accomplish a lawful purpose. What is Immediate Use of Force? - Correct Answer-The force used to respond without delay to a situation or circumstance that constitutes an imminent threat to security or the safety of persons.

What is Controlled Use of Force? - Correct Answer-The force used in an institution/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. What is the definition of Non-Conventional Force? - Correct Answer-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. What is the definition of Non-Deadly Force? - Correct Answer-Any use of force that is not likely to result in death. What are the use of force options? - Correct Answer-1) Verbal persuasion or orders.

2. Physical strength and holds.
3. Chemical agents and/or other immobilization devices.
4. Handheld batons.
5. Less-Lethal weapons.
6. Deadly force When can Deadly Force be utilized? - Correct Answer-1) To defend the employee or other persons from immediate threat of death or great bodily injury (Great bodily injury means an injury that creates a substantial risk of death).
7. Prevent escapes.
8. Stop act such as riots or arson that constitutes an immediate jeopardy to institutional security and, because of their magnitude, are likely to result in escapes or the death of other persons.
9. Dispose of seriously injured or dangerous animals when no other disposition is practical. A firearm shall not be discharged when? - Correct Answer-When there is reason to believe that persons other than the intended target will be injured. In use of force, what is ITT? - Correct Answer-Injury, Tactics and Time What must exist to provide the totality of circumstances, or the total picture to constitute great bodily injury? - Correct Answer-Injury or the threat of injury, ability or means (Tactics), and distance ratio to victim or target (Time). Holding cells: - Correct Answer-1. i/ms will be checked on in 15 minute intervals

2. i/ms will not be confined for more than 4 hrs w/out prior approval of Captain +
3. log maintained for each holding cell
4. holding cell will not be used for punishment Your Role as a Lieutenant - Correct Answer-1. Supervise and train Sergeants and Officers
5. Act as a senior hearing officer (LT.),

3. Implement and enforce departmental and institution policies and procedures, rules and regulations
4. Promote equal opportunity and provide an environment that is free of harassment and discrimination What procedures as a Lieutenant should you know? - Correct Answer-1) Count

2. Escape
3. Disturbance control
4. Transportation
5. Electric fence
6. Inclimate weather
7. Fog
8. Hiring procedures
9. Emergency preparedness
10. UHT
11. Use of force
12. Inmate death notification WHEN TO VIDEOTAPE AN INMATE: - Correct Answer-Inmate allegations of unnecessary or excessive force Inmate received significant injury Only if the injury was from staff / if by another i/m then do not tape Inmate received a blow to the head Once again the injury must have been from staff / not another inmate If Miranda rights invoked by inmate: Use of Force Review Committee memo 2/14/01 Videotape the refusal by the inmate / do not attempt to question the i/m What are your characteristics that qualify you as a Lieutenant? - Correct Answer-1) Proactive Leadership abilities
13. Honesty
14. Integrity
15. Enthusiasm
16. Motivational
17. Approachable
18. Lead by example Role of Lieutenant: - Correct Answer-second line supervisor ensure safety and security of institution monitor daily activities in area of supervision Incident commander / first level reviewer Insure staffs action prior, during and after use of force are in compliance with policy and procedures Train staff Adjudicate serious CDC 115's Intake ,screen, and house new arrivals