Texas Law Enforcement Best Practices Mid Year Training Conference

 Some standards continue to be a concern with agencies understanding the intent and required details.  New Discussion Section entries will try to assist agencies in better understanding of the requirements.

 Agencies should download a new version of the Standards Manual with new Discussion section comments before working on files.  Always read the Discussion Section before working on any file.  Pay attention to the Assessor section on the DSF

1.03 Cash Transactions (EV) The Agency has a written directive instructing personnel on how to handle and document all cash transactions. The directive will document functions in the agency authorized to perform any cash transactions. This does not include confidential or narcotics related transactions. This requirement includes ALL cash accounts in the agency : Petty CashBond Money in Jail Cash for Copies of ReportsCash for Alarm Permits, Fingerprinting

1.03 Cash Transactions (EV)--Discussion Must clearly identify who is “Authorized” to take Cash Must clearly identify who is custodian of Account (who is responsible if anything comes up missing. Must clearly identify where funds are kept (secure) Must clearly identify what cash can be accepted for, how it is documented, (receipts, etc.), how it is turned in, how much is kept in drawer, etc.

1.04Written Directive System Must be consistent with Texas Law Requires Statement that Directives are currently consistent with State Law. (Proof could be a Memo or document stating reviewed and consistent)

1.11 Approval for Personally Owned Equipment Agency should have a written directive approval system where officers must request permission and obtain approval from the agency director or a designee, before carrying or using any personally owned equipment. Includes any uniform items, leather gear, handguns rifles or non-lethal weapons, etc.

2.01Bias Based Policing More than State Required “Racial Profiling.” Must meet CCP Requirements but must also prohibit “any profiling based on ethnic background, gender, sexual orientation, religion, economic status, age, cultural group, or any other identifiable group.”

2.05 Time Limit on Internal Investigation Must include the “taking of disciplinary action” Agencies can give a time limit in their policy for the “investigation and taking of disciplinary action” or provide a time limit for the investigation and a separate time limit for the taking of disciplinary action if necessary. Directive can include provisions for extensions

2.16 Attendance This standard requires the agency’s written directive to specifically address attendance requirements for normal duty assignments and training assignments. The agency may also add other requirements such as attendance at court or other times.

2.17 Individual Rights (E) The agency directive must, in some manner, require officers to protect the rights of individuals (not just citizens or residents) and must specifically address prohibition of discrimination, oppression and favoritism. This is often accomplished by simply having a rule to this effect in the department Rules Manual or Code of Conduct.

3.01 Annual Firearms Qualifications (V) The written directive must require at least annual qualification with ALL firearms carried or used by an officer including handguns, rifles and any off-duty and or back-up weapons.

3.09 Supervisor Training (EV) The Agency provides for training for newly promoted supervisors/commanders appropriate to their position/rank within 12 months of promotion. Both Sworn and Non-Sworn Training Appropriate for Rank – Agency determines The file or the DSF should identify all ranks

4.01 Employee Selection Procedures (E) Written Directive must cover Both Sworn and Non- Sworn Non-Sworn selection process may be in City Personnel Manual

4.10Employee Safety and Accident Prevention The agency has a written directive regarding employee safety to include accident and injury investigation and prevention. The directive includes: a. A requirement for the reporting, investigation, and review of all employee involved vehicle accidents and personal injuries occurring on- duty or in city vehicles, b. An annual review of all accidents and injuries by cause with recommendations for reduction, and c. A departmental safety training program for all employees. For Annual Report, if no civilian injuries, say so.

5.01Privacy and Security of Records Records must be secure. Locked cabinets, rooms, etc. Juvenile files must be maintained separately as required by Family Code. If room is locked but has a false or drop ceiling—files must be in locked cabinets

6.03Use of Force Documentation and Review Must have a specialized form. Agency decides form and content. Used to develop annual report.

6.06 Documenting the Discharge of Firearm (EV) The Agency has a written directive for documentation and supervisory review of the discharge of a firearm by an employee except in training or recreational situations. Policy must have exception for training and recreational activities!

6.08 Removal from Line Duty after Using Deadly Force (E) The Agency has a written directive for relieving any employee from line duty who has used any deadly force, or been involved in a traffic accident, that has intentionally or accidentally resulted in the serious injury or death of a person, until a preliminary administrative review can be conducted. Directive must include traffic accidents!!

6.10Annual Use of Force Report Should be an analysis of use of force, not just a count. Should draw conclusions about training, equipment, or policy if possible. If none needed, say so.

7.14Pursuit Documentation Annual Report should be an analysis which draws conclusions, not simply a count. Should draw conclusions about training, equipment, or policy if possible. If non needed, say so. Chief should date and sign report.

7.18 Roadblocks (E) If the Agency authorizes the use of roadblocks, it has a written directive and trains its personnel in the use of roadblocks, including when and how roadblocks may be used. Stop sticks or road spikes are not considered roadblocks. Must Train even if only allowing Roadblocks as a “Last Resort” Training Program available in Sample Training

7.25Special Use Equipment Requires Quarterly “Readiness Inspection” Should document inspection of all non-issued equipment. Includes vehicles, command posts, extra radios, extra weapons, surveillance equipment, etc.

8.06Emergency Response Team Equipment Requires Specific approval of equipment and Quarterly “Readiness Inspection” Should document inspection of all issued and non-issued equipment. Requires SABA kits. Includes ERT vehicle, extra weapons, throw phone, surveillance equipment, gas supplies, ballistic shields, etc.

8.07 Emergency Operations Plan (V) The Agency has a written Emergency Operations Plan, or is included in a city/county Emergency Operations Plan. The plan is accessible to at least all command level and communications personnel. The department trains appropriate personnel in the plan. The Plan or other departmental written directive includes provisions for:  Civil disturbances.  Mass arrests.  Response to natural and manmade disasters.  Mass Arrests and Civil Disturbances usually not covered in County Plans.

8.11 National incident Management System Requires appropriate NIMS Training for all ranks and proof of training Officers: ICS 100 and ICS 700 All Supervisors: plus ICS 200 At least one Field Commander in Agency: plus ICS 300

Chapter 9Communications Standards must be met even if agency uses someone else to do dispatching. Must have files and proofs.

9.04 Back-up Power Back-up power supply must be protected from tampering. (Includes fuel intake) Documented Testing at least quarterly.

9.08 Warrant Maintenance The agency is responsible for having clear written directives for the portions of the warrant maintenance and confirmation process which the agency is responsible for. If they maintain active warrants and/or confirm warrants for their own or other agency officers, they must have policies which describe the process and periodic auditing of the files. The agency must clearly state how often audits are required.

Chapter 10 Holding Facility Some standards must still be met even if someone else provides holding facility operations. (8 of 22)

10.01 Searching and Transport (E) The Agency has a written directive addressing searching and transporting adult prisoners. The written directive includes at a minimum: a. That all adult arrested persons be searched before any transport. b. The approved methods of how to safely transport arrested persons. c. Methods or actions for transporting sick, injured, or disabled arrested persons. d. Search of the transporting vehicle before and after the transport. e. The proper use of any restraining devices. f. Monitoring of the prisoner to avoid medical difficulties.

10.10 Prisoner’s Property Release (V) The Agency has a written directive to secure a prisoner’s property and return the property to the prisoner upon release, or if transferred, the prisoner’s property may be released to the receiving agency. If agency does not have a jail, the agency must still have written directive regarding handling of prisoner’s property from time of arrest until turning over prisoner to holding agency.

10.12 Medical Assistance for Prisoners (V) The Agency has a written directive instructing personnel how to obtain medical assistance for ill or injured prisoners. If agency does not have a jail, the agency must still have written directive regarding obtaining medical assistance for prisoners from time of arrest until turning over prisoner to holding agency.

Chapter 12 Property Room Standards must still be met even if someone else provides property and evidence storage. Must have all files and proofs.

12.06 Field Release of Property (E) Not required to release property in Field, but Written Directive should state if prohibited or permissible. If permissible, must have proof of receipt. Requires form where owner signs receipt for property. If done electronically, must still prove receipt. Proof must be kept for as long as paper form would have been kept.

12.07 Property Room Inspections At least every 6 months A review of policies and procedures and an inspection to see that those polices and procedures are being followed. Best to use a checklist! Discussion section modified

12.08 Property Room Inventory Required annually and when Property room personnel changed. Physically locating items of property which records say should be in the property room. Two methods of conducting “Sampling Inventory” approved.

12.08Property Room Inventory Complete Inventory is preferred If a complete inventory is not possible, compliance with the standard may be accomplished by conducting a complete inventory of all Guns, Drugs, and Money in the Property Room and a sample of 5% of the total number of items or 50 items, whichever is less, of the remaining items in the property room. OR Random Sampling Method using table in Appendix A of Standards Manual.

Many of the standards also require proof of directive issuance or revisions to a directive. Cannot accept sign off sheets dated prior to Policy issuance or Policy Revision Date.

Questions