Chapter 3 – Personnel, Training, and Employee Relations

33070.10.3 Investigation Assignment Decision and Assignment to Investigator

• The AIU Manager shall review the intake file and make an assignment to an investigator in accordance with the Investigation Assignment Index (IAI) unless other case factors exist to warrant increasing the level of the investigator or justify reducing the level of investigator. Case factors the AIU Manager shall consider include:

  • Evidence immediately available that supports or refutes allegations;

  • Number of inmates, parolees, or staff involved;

  • Number of allegations raised in a single incident;

  • Criminal misconduct versus administrative misconduct;

  • Availability of audio or video evidence;

  • Criminal statutes of limitations;

  • Disciplinary statutes of limitations;

  • Past allegations of same or similar misconduct against the staff member (excluding determinations of exonerated and unfounded); and

  • Length of time since alleged misconduct occurred (Allegations reported more than 1 year after the alleged misconduct occurred can be assigned to a lower level investigator than noted on the index.)

• A Special Agent shall be assigned to the investigation when:

  • Exigent circumstances exist;

  • The misconduct resulted in great bodily injury or death of an inmate or parolee;

  • Evidence of felony criminal conduct is present; or

  • The allegation involves a high-ranking, non-civil service staff member

• When a single incident involves multiple allegations of misconduct listed on the IAI, the AIU manager shall assign the case to the investigator level of the allegation requiring the highest level investigator noted in the IAI for those allegations, unless case factors exist that justify reducing the level of investigator.

• The AIU manager shall document their reasons for assigning an investigation to a lower level investigator than identified on the IAI.

• The AIU manager has the authority during the course of an investigation to reassign or co-assign any case to a higher level investigator when deemed necessary based on a change in the case factors, including but not limited to the discovery of corroborating evidence or an increase in the complexity of the investigation.

• The investigation assignment decision and investigator assigned shall be entered into CTSClassification Tracking System within 10 working days.

• If EAPT or OIGOffice of the Inspector General staff, disagrees with the investigation assignment decision, they shall notify the AIU manager of the disagreement, and provide a recommendation of the level of investigator to be assigned. If the AIU manager disagrees, the disagreement may be elevated to the AIU Chief for a final decision.