I. AUTHORITY

This policy is issued under authority granted to the Chief Probation Officer.

II. PURPOSE

To provide guidance to probation officers who have knowledge that an individual(s) poses a potential threat to another individual(s), requiring the probation officer to notify the potential victim and the appropriate law enforcement agency. 

 

III. APPLICABILITY

This policy applies to all peace officers employed by the San Luis Obispo County Probation Department

IV. BACKGROUND

During the course of regular contacts, Probation Officers may become aware of the possibility that an individual may pose a serious threat to the health/safety of another. (See Tarasoff v. the Regents of the University of California, 17 cal.3d).

Whenever the Department has reliable information which reasonably indicates that an actual threat of harm exists, and the potential victim(s) can be identified; then the Department is obligated to take reasonable steps to issue a warning to the potential victim(s) and also advise the law enforcement agency having jurisdiction in the potential victim’s community of residence.

V. GENERAL POLICY

1.  The following factors shall be considered when determining that a duty to warn is appropriate.
   1.  A threat of harm exists to a specific individual(s), including former victims, and that individual is available to be contacted and notified.
   2.  The individual who made the threat has the ability to carry out the threat.
2.  The duty to warn exists, regardless of whether the threat was heard directly by the Probation Officer or by a reliable third party who relays the information to the Probation Officer.
3. The initial notification to the potential victim(s) shall be done as soon as reasonably possible after the officer becomes aware of the potential threat, appropriate to the circumstances.  Notification may be given personally, by telephone or in writing.
4.  In all cases involving personal or telephonic notification, the warning shall be followed in writing.  All written notification will be sent “Certified Mail-Return Receipt Requested” and the notification shall be clearly documented in the appropriate file.
5. If the potential victim is a minor, his/her parent(s) or legal guardian(s) shall also be notified.
6.  If uncertain about the specificity of the threat, consult with the supervisor. 

VI. EXCLUSIVITY

This policy is in effect as of the date of adoption and will remain in effect until revoked or superseded in writing. This policy supersedes all prior department polices covering the duty to warn.  This policy will be reviewed as needed as determined by the Chief Probation Officer.