Chapter 1 – General Administration

This policy establishes departmental goals and objectives as it relates to the assessment of threats against staff. Corrections and Rehabilitation (CDCRCalifornia Department of Corrections and Rehabilitation) has a zero- tolerance policy as it relates to threats, acts of aggression, and acts of violence.

The purpose of this policy is to establish a procedure when CDCRCalifornia Department of Corrections and Rehabilitation staff are threatened by incarcerated people, supervised people, or their families or associates. This policy describes how staff recognize and report such threats and what is required of management when they are alerted. This policy addresses employee responsibilities for recognizing and reporting threats made by an incarcerated person, supervised person, or their family or associates. This policy shall also apply to physical attacks on staff, or evidence of an ongoing threat against staff.

The Hiring Authority has overall responsibility for the implementation and maintenance of this procedure and all departmental policies that affect their area of responsibility.

It is the responsibility of all employees to immediately report threats, acts of aggression, or acts of violence to a supervisor or designated representatives. Threats must be verbally reported immediately, and must be followed with a complete written report as soon as practical. The Department shall immediately investigate, assess, and verify the legitimacy of a threat and respond according to procedures described in this article.

A threat is an act (verbal or non-verbal) which expresses intent of malice, harassment, intimidation, or physical expression of intent to physically injure or harm someone else.

The primary function of the Threat Assessment Response Team (TART) is to assess the circumstances and seriousness of the threat and to determine what action to take. The TART shall consist of staff responsible for assessing the validity of, and establishing counter measures to, threats made against staff members. The affected Hiring Authority or designee shall determine whether to assemble a TART. The TART shall be comprised at minimum the following:

• Hiring Authority/Chairperson or designee

• Manager or Department Head of affected area

• Supervisor of affected area

• Supervisor of threatened employee

• Other representatives designated by the Hiring Authority

Additional committee members may be selected by the Chairperson’s recommendation if the case factors support the need for additional members.

The Hiring Authority or designee shall bring all relative documentation to the TART meeting to present the case for review. The TART shall review all data related to the threat, including the incarcerated person’s or supervised person’s departmental records. All submitted documentation, memorandums, and/or notes from the incarcerated person, supervised person or other involved parties and any other pertinent information related to the suspect’s propensity for violence or ability to commit violence shall also be reviewed.

The TART may delegate assignments, ensure concerns are adequately addressed, and convey recommendations to the Hiring Authority for review and approval. The team shall be responsible for the following:

• Program review.

• Removal of staff, if appropriate.

• Assignment of specific tasks, including further investigation, interviews, and referral to the Office of Correctional Safety to ensure the threat is adequately assessed and addressed.

• Results and recommendations made by the TART shall be noted in the meeting minutes and immediately forwarded to the Hiring Authority for review.

• In a case where the investigation is completed by an outside law enforcement agency, the Hiring Authority or designee shall review the agency report and evaluate if additional investigation or mitigation efforts are warranted.

• The Hiring Authority or designee shall notify the employee of the outcome of the investigation as allowed by law once the investigation has been concluded, and notify the employee of any subsequent information pertinent to the threat.

All documents gathered during the investigation shall be forwarded to the Hiring Authority or designee, who shall be responsible for maintaining all Threat Assessment records and appropriate tracking log(s).

A threat to staff by an incarcerated person, supervised person, or their family members or associates is any incident in which an employee receives a threat of abuse, harassment, or of physical harm in circumstances arising out of, or in the course of employment. The threat may be implied and may be received verbally or non-verbally (i.e., threatening gestures, in writing either through the mail or by introduction/discovery of an incarcerated person’s note [“Kite”]). The threat can be made directly to the identified employee or may be relayed indirectly through a third party.

If a threat is made by a family member or associate of an incarcerated person or supervised person, the Hiring Authority or their designee shall notify the employee to take the appropriate action with the local law enforcement agency (i.e., report threat, file restraining order, etc.).

If the threat originates in an institutional setting, the on-duty lieutenant shall evaluate the removal of the incarcerated person from the facility for placement in the Restricted Housing Unit (RHU). If the threat originates from outside an institutional facility, the department head, Administrative Officer of the Day (AODAdministrative Officer of the Day), or designee shall make notification to local law enforcement. To ensure the employee’s safety, actions such as the imposition of any special condition of parole (e.g., condition of no contact by supervised person, the establishment of prohibited areas, etc.) or assisting of the threatened employee in the filing of a restraining order may be taken.

If TART determines that the circumstances exceed the investigative capabilities of the affected program (e.g., statewide threat, need for protection detail, threat extends to the community, etc.), the Hiring Authority, upon consultation with the respective Special Agent-In-Charge (SACCalifornia State Prison, Sacramento), Office of Correctional Safety (OCSOffice of Correctional Safety) shall refer all such threats to their appropriate Headquarters supervisor who shall formally request OCSOffice of Correctional Safety involvement in the threat assessment investigation to the Chief of OCSOffice of Correctional Safety.

In situations where a threat is discovered anonymously or where no specific employee(s) has been identified, the assigned supervisor shall coordinate and conduct interviews of various incarcerated people at the facility where the threat was discovered. These interviews shall encompass all demographics of the incarcerated population ensuring a quality sampling of interviews is completed.

If a non-specific or anonymous threat is received from outside of an institutional facility and the assigned supervisor determines that the information received could reasonably pose a threat to the safety of staff, a TART shall be assembled to assess the information and provide a recommendation for the Hiring Authority or their designee. The assigned supervisor shall coordinate and conduct interviews with various sources such as, but not limited to, local law enforcement, supervised people, or community members in an attempt to validate the threat.

When an incarcerated person, supervised person, or their family member or associate threatens a CDCRCalifornia Department of Corrections and Rehabilitation staff member, or if any staff member becomes aware of a threat to a CDCRCalifornia Department of Corrections and Rehabilitation staff member that arises out of or has a nexus to the CDCRCalifornia Department of Corrections and Rehabilitation employment, that staff member shall immediately notify their supervisor. The supervisor shall be responsible for relaying the information to the department head of the affected area and AODAdministrative Officer of the Day. The supervisor shall be responsible for completing the necessary paperwork and immediately initiate a fact finding inquiry. This inquiry, depending on the circumstances, may include an interview of the suspect (if applicable) and any witness (staff, incarcerated people, or supervised people) who may have been in the area at the time of the threat or who may have knowledge of the threat. If the suspect can be charged with criminal or administrative misconduct, the respective Hiring Authority or their designee shall ensure all safeguards are taken to ensure proper rights are given to the suspect prior to an interrogation. The supervisor shall also discuss the circumstances of the threat with the employee who was threatened and as soon as practical obtain a written report to contain all pertinent information from the employee regarding the threats as well as any background relevant to the investigation.

The purpose of the written report is to determine if the employee has knowledge a threat may exist and if they believe the threat is viable. The report will also be utilized to determine the nature of any interactions with the suspect in question. To determine the validity of the threat, this process shall be completed expeditiously, preferably the same day the threat was discovered. Delays in this process shall be communicated to the Hiring Authority or division head.

The department shall provide training pursuant to this section as part of its existing training programs.

The Chief, Office of Correctional Safety, shall ensure that the content of this section is accurate and current.

PCPenal Code §§ 76 and 5004.7.

18 USC 871.

CCRCalifornia Code of Regulations § 3342.

Occupational Safety and Health Administration (OSHA) 2001 Workplace Violence, Washington DC: USUnder Supervisor Department of Labor.

California Department of Corrections and Rehabilitation, Office of Victim and Survivor Rights and Services.