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

To establish uniform guidelines for the Probation Department’s response to incidents in which a person is injured or killed as the result of an officer-involved shooting, whether on or off duty.

This policy applies to all Deputy Probation Officers.

California law allows sworn officers of the Probation Department to carry firearms with the authorization of the Chief Probation Officer.

1.  Officer involved shootings involve several separate investigations.  The investigations may include:
   1.  A criminal investigation of the incident by the agency having jurisdiction where the incident occurred.  That agency may relinquish its criminal investigation of the incident to another agency.
   2.  A criminal investigation of the involved officer(s) by the agency having jurisdiction where the incident occurred.  That agency may relinquish its criminal investigation of the incident to another agency.
   3.  An administrative investigation of the involved officer’s conduct by the Probation Department.
2.  Duties of Initial On-Scene Probation Supervisor or Chief Deputy:
   1.  If the agency of the jurisdiction of the shooting is not at the scene, insure that the agency has been notified and is responding.
   2.  Insure all reasonable steps to obtain emergency medical attention for all apparently injured individuals.
   3. Attempt to obtain a brief overview of the situation from any non-shooter officer.
      1.  In the event that there are no non-shooter officers, the supervisor should attempt to obtain public safety information from a shooter officer.
   4.  If necessary, the supervisor may administratively order any involved officer to immediately provide public safety information necessary to secure the scene and pursue suspects.
      1.  Public safety information shall be limited to outstanding suspect information including vehicle, weapons, direction of travel, crimes the suspect is wanted for, number and direction of shots fired, parameters of the incident scene, identity of known witnesses, any known or possible injuries, and any evidence that needs to be secured or protected.
   5.  Provide all available information to the agency of jurisdiction.  Sensitive information should not be communicated by radio.
   6.  Take command of and secure the incident scene until relieved by the agency of jurisdiction.
      1.  Ensure removal from the scene of all unnecessary personnel, members of the public and members of the media.
      2.  Assign personnel to injured subjects at hospitals for evidence preservation or dying declarations.
      3. Identify and isolate any witnesses.
      4.  Defer all media requests to Probation Department command staff.
   7.  Each involved officer should be directed not to discuss the incident except with authorized personnel and his or her representative pending further direction from a Probation Department supervisor or chief deputy.
   8.  As soon as practical, involved officers shall be transported or report to (separately if possible) to a designated Police or Sheriff’s station.
   9.  Duty weapons, duty belts with all accessories, backup weapons, ammunition, magazines and clothing may be taken for evidence.  Probation Department supervisors shall not take any of the above equipment or clothing unless requested by the agency of jurisdiction and will be released to the agency of jurisdiction as directed. Arrangements for a replacement weapon should be made as soon as possible with instructions to qualify with the weapon upon returning to duty.
   10.  Notification shall be made as soon as practical using the chain of command.
3.  Media Releases and Information Requests
   1. Press releases should be made by the agency having jurisdiction of the shooting.
   2.  Any separate press releases should be mutually coordinated with the agency having jurisdiction of the shooting.
   3. The identities of involved officers shall not be released absent their consent or as required by law.  (Government Code § 6254(c), 6255; Penal Code §832.8.)
   4.  No member of the Probation Department shall make any comments to the press unless authorized by the Chief Probation Officer or his/her designee.
4.  Involved Officers
   1.  Once involved officers have arrived at the designated station they should be admonished by a Probation Department Supervisor or Chief Deputy that the incident shall not be discussed except with authorized personnel or an employee representative.
   2. The involved officers should be allowed to contact their family to notify them of their wellbeing.
   3. Discussions with licensed attorneys will be considered privileged as attorney-client communications.
   4.  Discussions with employee representatives will be privileged only as to the discussion of non-criminal information.
   5. The Probation Department shall provide a licensed counselor to each involved officer as directed by the Chief Probation Officer. 
      1.  Sessions with a licensed counselor will be considered privileged and will   not be disclosed except to the extent that the officer is or is not fit for return to duty.
      2. A session with a licensed counselor may take place prior to the involved officer providing a formal interview or report, but the involved officers shall not be permitted to consult or meet collectively or in a group with a licensed counselor prior to providing a formal interview or report.
   6.  The Probation Department will honor the sensitivity of communications with peer counselors.  Peer counselors are cautioned against discussing the facts of any incident with an involved or witness officer.
   7.  Care should be taken to preserve the integrity of any physical evidence present on the officer’s equipment or clothing, such as blood or fingerprints, until investigators or lab personnel can retrieve it.  If an officer needs to remove blood soaked clothing, photograph the officer in the clothing, remove it but take necessary precautions to preserve it for evidence.  
   8. There shall be accommodations, within reason, to meet the officer’s physical and emotional needs.
   9. Each involved officer shall be given a minimum of five paid administrative leave days following an officer-involved shooting.
5.  Criminal Investigation
   1.  Probation Department Internal Affairs investigator(s) may not participate directly in any interview in the criminal investigation, but may observe, monitor, and review such interviews. 
   2.   Any statement provided by an officer in a criminal investigation will be made available for use in the administrative investigation.
   3.  Absent consent from the involved officer or as required by law, no administratively coerced statements will be provided to any criminal investigators.
6.  In the event that suspects remain outstanding or subject to prosecution for related offenses, the Probation Department may require involved officers to provide sufficient information for criminal or incident reports to facilitate the apprehension and prosecution of those individuals. (Government Code § 3304(a).)
7.  Administrative Investigation
   1.  The Probation Department shall conduct an administrative investigation to determine compliance with Probation Department policies in accordance with standard practice and procedure.
   2. Any officer involved in a shooting may be required to provide a blood sample for alcohol/drug screening if objective symptoms exist after they are given the Lybarger admonishment.  The blood sample and the results shall be used for the administrative investigation and shall not be disclosed to any criminal investigative agency unless the officer consents.
   3.  If an involved officer provided a statement to criminal investigators, the assigned administrative investigator should review that statement before proceeding with any further interview of that involved officer.
      1.  If the administrative investigator determines that a further interview of the involved officer is necessary, the investigator should attempt to limit that interview to new areas with minimal, if any, duplication of questions addressed by the criminal investigator.  The involved officer shall be provided with a copy of his or her prior statement before proceeding with any subsequent interview.  (Government Code § 3303(g).)
   4.  If an involved officer did not provide criminal investigators with a statement, the administrative investigator shall conduct an interview to determine all relevant information.
      1.    The involved officer shall be advised of all constitutional Miranda rights and be given a Lybarger admonishment and will then be given an administrative order to provide full and truthful answers to all questions.  (Government Code § 3303(e).)  The officer shall be advised of the right to have a representative present at the interview.  
      2. The administrative investigator shall compile all relevant information and reports necessary for the Probation Department to determine compliance with applicable policies.

This policy will remain in effect until superseded or suspended in writing by the Chief Probation Officer and can be reviewed as needed.