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§ 1207. Reporting Serious Misconduct.

11 CA ADC § 1207Barclays Official California Code of RegulationsEffective: May 5, 2023

Barclays California Code of Regulations
Title 11. Law
Division 2. Commission on Peace Officer Standards and Training
Article 4. Peace Officer Certification
Effective: May 5, 2023
11 CCR § 1207
§ 1207. Reporting Serious Misconduct.
(a) When reporting allegations of serious misconduct to the commission, agencies shall include the following:
(1) Name of employing agency.
(2) Employing agency's administrative case number.
(3) Name, current address, and phone number of complainant, if available.
(4) Name, POST ID, current address, and phone number of the involved peace officer.
(5) A summary of the alleged misconduct to include:
(A) A narrative of the allegations.
(B) Date and time of incidents.
(C) Location of occurrence.
(D) Any witness information, if available.
(E) Summary of arrest or indictment of involved peace officer, if applicable.
(6) A change in employment status of the involved peace officer as a result of the allegation, if applicable (i.e., administrative leave, suspension, termination, etc.).
(7) Name and contact information for employing agency's assigned investigator.
(b) The agency shall submit to the commission, in a method designated by the commission, updates for investigations into serious misconduct every 90 days until the final disposition.
(c) Upon completion of the investigation, the agency shall submit to the commission, in a method designated by the commission, the final disposition of an investigation. The submission shall include:
(1) Complete investigative file with all attachments.
(A) Video and audio evidence should only be submitted when requested by the division.
(2) Recommended and/or imposed disciplinary action, if applicable.
(3) Skelly hearing report, if applicable.
(4) Records of any administrative appeal, if applicable.
(d) The agency shall provide the peace officer's service record as outlined in Penal Code section 13510.8.
(e) If the imposed disciplinary action is pending appeal or other review through an administrative or judicial proceeding, the agency shall provide the commission with the name of the body conducting the proceeding and the status of the proceeding, if known.
(f) If criminal charges are pending against a peace officer, the employing agency shall notify the commission of the court having jurisdiction over the criminal charges against the peace officer, and the status of criminal case, if known.

Credits

Note: Authority cited: Sections 13503, 13506, 13509.5, 13509.6, 13510.1, 13510.8 and 13510.85, Penal Code. Reference: Sections 832.7, 13509.5, 13509.6, 13510.1 and 13510.85, Penal Code.
History
1. New section filed 5-5-2023; operative 5-5-2023 pursuant to Government Code section 11343.4(b)(3) (Register 2023, No. 18).
This database is current through 5/3/24 Register 2024, No. 18.
Cal. Admin. Code tit. 11, § 1207, 11 CA ADC § 1207
End of Document