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CDCR LT ACTUAL EXAM QUESTIONS
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"What is a CDC-114D? - CORRECT ANSWER=> Order and hearing for placement in segregated housing explaining the charges and reasons for the placement." "Due Process in the CDC-114D - CORRECT ANSWER=> What is the Lieutenant's role in the CDC- 114D
- Ensure the inmates Due Process is being met.
- Is your decision to place the inmate in Ad/Seg warranted?
- Ensure the CDC-114D form is completed accurately.
- Ensure the inmate is properly housed.
- Ensure supporting documentation is given.
- If a confidential is utilized, make sure confidential form is completed." "What is the ultimate responsibility of the Hearing Officer in a CDC-114D (Wright Hearing)? - CORRECT ANSWER=> Weigh all evidence and render a decision to either release or retain the inmate in Ad/Seg reference and reasons for the action taken." "What are the parts of the CDC-114D? - CORRECT ANSWER=> The original form has 4 parts, but there is a 5th part known as the CHO hearing or Wright hearing (Wright vs. Enomoto). Part 1: Notice of reasons for placement in Administrative Segregation. Part 2: Counsel Substitute Part 3: Waiver of hearing or of time to prepare and request for witnesses Part 4: CHO hearing or Wright Hearing Part 5: Hearing" "What paperwork is needed to place an inmate in ASU? - CORRECT ANSWER=> Inmate Photo Identification Card 114D- Administrative Segregation Placement Notice
114A1- Inmate Segregation Profile. 7219- Medical Report of Injury/ Unusual Occurrence MAR- Medication Transfer Form 1083- Inmate Property Inventory/ Completed and signed by inmate Att. F (ADA appliance inventory chrono/ Even if no appliances are needed) 154- Bed Move Request/ Signed off by medical staff and Supervisor 128MH7- Ad-Seg Mental Health Screening Chrono/ Copy only original must be placed in UHR Copy of 1030 Confidential Information Notice (if needed) CDCR 128B/Noting additional information or special circumstances (if needed) 1882B Double Cell review if Inmate is to be placed in cell with another inmate." "What are the Administrative Segregation Unit Placement Notice (114 D) lockup reasons / CCR 3336: - CORRECT ANSWER=> Presents an immediate threat to the safety of self or others. Jeopardizes integrity of investigation of alleged misconduct or criminal activity. Endangers institutional security. Upon release from segregation, no bed available in general population. (Must be served 114D by at least 48 hours after lock-up, Must be seen by ICC within 10 days of placement and reviewed every 30 days until released by ICC)" "Inmate waivers/ Administrative review CCR 3337: Capt. Level must be first working day after lockup: - CORRECT ANSWER=> Inmate waives or declines interview with reviewer Inmates waives right to 72 hours preparation time for ICC No witnesses requested by inmate Capt. Can release to facility/ retain pending ICC review D/C or S/C How many days to issue a 114d to an Inmate being placed in Ad-Seg? You have 48 hours (2 days) to issue a 114D. Rule Violation Reports" "On A RVR what is the Lieutenant looking for to ensure Due Process has not been violated? - CORRECT ANSWER=> 1) The violated rule number matches the specific charge.
- The circumstances relate or match the specific charge.
- The RVR has been classified correctly.
- The inmate has received a copy of the RVR 24 hours prior to the hearing.
- Has the inmate received all copies of additional reports 24 hours prior to hearing?
- Has inmate postponed hearing for D.A. referral?
- Was an I.E. or S.A. assigned. Did inmate receive a copy of these reports. Did a mental health assessment get performed prior to the hearing if Inmate is a mental health status inmate?
- Check for requested witnesses.
"How do you determine which inmates require effective communication and how would you establish effective communication with inmates. - CORRECT ANSWER=> To determine inmates requiring effective communication I would check computer programs such as SOMS or the Disability and Effective Communication (DEC) program for any known impairments, disabilities, or required modifications necessary to achieve effective communication. If I was unable to access these programs I could check the medical 128B chrono section of the inmate's central file. You can establish effective communication by having the inmate read the document to you and explain what he read. You can read the document to the inmates slowly and in simple English asking the inmate questions to ensure he completely understand what was said." "3315, When is Investigative Employee (IE) needed? - CORRECT ANSWER=> Issues complex Housing status i/m unable to collect evidence Additional info needed even if i/m waived assignment Can have S.A. also" "3315, When is a Staff Assistant (SA) needed? - CORRECT ANSWER=> Assist i/m in investigation, prep, and in hearing when: I/m illiterate/non-English speaking Issues complex, i/m does not understand (EOP or higher level of care and Dev. Dis. Inmates must have S.A. assigned)" "3315, Witnesses in an Rules Violation Report - CORRECT ANSWER=> i/m may request friendly and adverse witnesses Witnesses will be called unless Appearance would endanger witness Witness has no relevant or additional info Witness unavailable Witnesses may be called whether or not requested by i/m Reporting employee shall attend hearing if requested by I/m Under direction of SHO i/m has right to ask questions of all witnesses called Witnesses by telephone o.k. (speaker phone)" "3315, What are the Dispositions in a Rules Violation Report? - CORRECT ANSWER=> Not guilty Guilty of Admin 115, 115 reclassified, I/m assessed disposition authorized in 3314 Guilty as charged or guilty of an included serious rule violation
Suspension of privileges for 90 days starting day of hearing Detention or CTQ for no more than 10 days. If security not jeopardized, i/m shall be allowed to work/program assignment. Referral to Classification for consideration to Work Group C. Suspension of all or part of disposition, other than credit forfeitures, random drug testing and classification referrals, for up to 6 months. Impose all or part of a suspended disposition. Detention or CTQ may not extend past 10 days. Violations of 3323 ( c ) (7) Distribution of c/s ( d) (6) Possession of c/s includes controlled medication 1st offense i/m provide a minimum of one random drug test per month for 1 yr. 30 day suspension of privileges parole violator shall be referred to BPT AA/NA meetings as available For distributing only: loss of visits 1 yr. Followed by non-contact visits for 2 years For possession only: loss of visits 90 days followed by 90 days non-contact visits 121-130 day credit forfeiture Possession only 2nd offense Inmate must provide a minimum of two random drug tests per month for one year. 60 day suspension of privileges 5 day CTQ Referred for endorsement to a substance abuse program, provided eligibility criteria is met For distributing only: same as 1st offense For possession only: loss of visits 90 days followed by non-contact visits for 90 days 131-140 day credit forfeiture Possession only 3rd offense Inmate must provide a minimum of four random drug tests per month for one year. 90 day suspension of privileges 10 day CTQ Referred for endorsement to a substance abuse program, provided eligibility criteria is met, mandatory treatment shall be a condition of parole" "3315, What are the hearing procedures and time limitations for a Rules Violation Report? - CORRECT ANSWER=> A copy of the 115 and all non-confidential reports will be provided to the inmate w/in 24 hrs. after being classified, and w/in 30 days of the misconduct, but no later than 15 days from the date the information leading to the charges is discovered by staff A copy of the 115 to the i/m may be delayed up to 30 days when all of the following are met
"3317, Mental Health Evaluations for disciplinary Hearings - CORRECT ANSWER=> Automatic referral for a mental health evaluation when; suspected self-mutilation attempted suicide ( if determined by mental health of actual attempted suicide, then 115 will be dismissed and 128 B will be issued)" "3318. Assistance to Inmates for Serious Rule Violations. (also 8/5/02 Duncan Memo- Expectation of S/A) - CORRECT ANSWER=> 1.Investigative employee shall interview inmate gather information question staff & inmates who have relevant information screen witnesses submit report to SHO copy provided to inmate 24 hrs prior to hearing I.E. works for SHO I.E. not held to confidentiality rules
- Staff Assistant shall a. inform inmate of rights b. advise and assist inmate at least 24 hours prior to hearing c. refrain from giving legal advice or enter plea for i/m be present at hearing/ensure i/m understands everything upon i/m's request-keep past actions of i/m confidential disclose future contemplated crimes of i/m meet w/i/m after hearing to ensure i/m understood" "3320.1. Hearings for Transferred Inmates. - CORRECT ANSWER=> 1. 115 will be heard prior to i/m transferring unless emergency transfer to higher security emergency medical/psychiatric treatment
- if i/m was transferred prior to hearing following can be done a. i/m may be returned to facility where violation occurred b. hearing conducted where i/m currently is housed c. IE may be assigned" "Types of 115's: - CORRECT ANSWER=> Administrative rule violations, is not a misdemeanor offense. (CCR 3314)
Serious rule violations, (CCR 3315) a misdemeanor offense, felony offense, a threat of force or violence against a person, a breach or hazard to facility security, a disruption of operations, introduction or possession of narcotics or dangerous contraband." "115 forms: - CORRECT ANSWER=> 115 form, typed body of report, typed hearing results 115-A form, list postponement, staff assistant, I.E., typed IE report 115-C form, supplement page for continuation of report, IE, hearing, other info 804 form, notice of pending 115 115-MH Mental Health Assessment ( for bizarre and unusual behavior, EOP, DMH" "115 process: - CORRECT ANSWER=> Discovering employee writes 115 804 sent to records within 24 hours Classified by Lieutenant or above. Classifying employee may not here 115 Serve inmate his first copy; this must be done within 15 days of the date of discovery. If delayed beyond 15 days, no more than additional 30 days. The misconduct could be prosecuted as murder, attempted murder or battery on staff. An investigation is continuing to identify others involved in the misconduct. Assign IE if inmate is in Ad-Seg and Staff assistant if inmate is incapable of representing themselves or non-English speaking (effective communication), GPL 4.0 or lower, EOP, DMH Hearing can commence no less than 24 hours after the inmate has received copies of 115 and all non-confidential reports to be used in hearing. The hearing must take place no more than 30 days after serving the inmate his first copy" "Due process: CCR 3320 - CORRECT ANSWER=> ensure inmate has copies of all evidence being used against them allow inmate to be present at hearing allow inmate to present and dispute evidence allow inmate to ask question of all witnesses hearing officer will be impartial standard of proof, preponderance of evidence SHO shall not be below the rank of Capt.(facility/Correctional), CC III, Parole Agent III, experienced Lt., CC II, or PA II, (Disciplinary committee shall comprise of three of the above for serious A-1 Offenses)" "Findings / Disposition of CDC 115, CCR 3315(f) - CORRECT ANSWER=> Not guilty dismiss for interest of justice Find guilty of admin. 115 and reclassify as admin.
Inmate must be issued a 1030 (Confidential disclosure form) when confidential information is being used against him. Right to a staff assistant if warranted Right to an investigative employee if placed in ASU. Right to medical accommodations during the hearing. Inmate will be issued a final copy within five days of review by the Chief Disciplinary Officer. Inmate has 15 days to appeal." "What are the reasons you can transfer an inmate with a pending 115? - CORRECT ANSWER=> An inmate's pending disciplinary hearing shall be conducted before the inmate is transferred to another facility unless any one of the following circumstances apply: An emergency transfer to a higher security level is necessary based on charges of involvement in a major disturbance or serious incident. The inmate is charged with escape from a Level I or II facility and will not be returned to the facility from which the inmate escaped. The inmate requires emergency medical or psychiatric treatment. When an inmate is transferred before a disciplinary hearing or a rehearing is ordered on the rule violation charges after the inmate's transfer, one of the following methods shall be used to facilitate the disciplinary hearing process: The inmate may be returned to the facility where the violation occurred. The institution head at the facility where the violation occurred may request the hearing be conducted by staff where the inmate is currently housed or staff from the facility where the violation occurred may conduct the hearing at the facility where the inmate is housed." "What are the contents of a CDC-1030 Confidentiality Report? - CORRECT ANSWER=> 1) Contain as much information as possible without revealing the source.
- Contain a statement of reliability.
- Contain a reason for not disclosing the informant's identity.
- Contain a statement of reasons conclusion was reached." "How may a confidential source's reliability be established? - CORRECT ANSWER=> 1) The confidential source has previously provided information which has proven to be true.
- Other confidential source(s) have independently provided the same information.
- The information provided by the confidential source is self-incriminating.
- Part of the information has proven true.
- The confidential source is the victim."
"What do you do as the Senior Hearing Officer, hearing a 115 with Confidential Information? - CORRECT ANSWER=> Ensure the Inmate has received a copy of the CDC 1030 and review the information listed on the 1030 as it pertains to the RVR. Review the confidential information 128B Chrono/Memo for further information. Maintain confidentiality of the information outside of what was divulged in the CDCR 1030. Refer to the confidential information in the body of the disposition." "Confidential Information / material: CCR 3321 - CORRECT ANSWER=> Types of information classified as confidential information if known to the inmate would endanger the safety of another information which would jeopardize the security of the institution specific medical or psychological information if known to the inmate would be detrimental to the inmate information provided by and classified by another government agency information must be corroborated unless source is documented as reliable Documentation for a confidential source shall include an evaluation of the source reliability, a brief statement of the reason for the conclusion, and a statement of reason why the information or source is not disclosed. Form given to inmate CDC 1030 the fact the information came from a confidential source statement of the reason why the source or information is not disclosed an evaluation of the source reliability disclose as much information as possible without identifying the source Documentation for reliability: 3321(c) The confidential source has previously provided information which proved to be true. Other independent sources have independently provided the same information. The information provided by the confidential source is self-incriminating. Part of the information provided is corroborated through independent investigation or by information provided by non-confidential sources. The confidential source is the victim part of information has proven true Confidential source is a victim" "Why is there inmate discipline? - CORRECT ANSWER=> It is to maintain control, conserve human values, individual dignity and to promote social desirable changes in attitude and behavior." "What is the Disciplinary Credit Forfeiture Schedule? - CORRECT ANSWER=> 1) Division "A-1" offenses; credit forfeiture of 181-360 days.
- Division "A-2" offenses; credit forfeiture of 151-180 days.
(4) Threatening to kill or cause serious bodily i" "What is the Peace Officer Bill of Rights? - CORRECT ANSWER=> 1) To know the nature of the investigation prior to interrogation.
- To know the names of all persons present during questioning.
- To know who will be in charge of the questioning.
- To a representative. Information given the Rep. is confidential.
- Right to refuse a polygraph examination.
- Right to attend to physical needs during session.
- Right to record the interrogation with their recorder.
- Right to any reports, unless strictly confidential.
- To a Miranda warning if criminal charges are imminent.
- To Review anything negative before it is placed in your personnel file." "What must Administration do in the POBOR? - CORRECT ANSWER=> 1) Hold interrogation at a reasonable hour, while you are on duty or pay you for time spent off duty.
- Refrain from using more than 2 interrogators at one time.
- Refrain from use of offensive or abusive language.
- Refrain from unreasonable long interrogation.
- Refrain from bribery to elicit desired answers.
- Refrain from giving your address or photograph without your consent.
- Refrain from a "punitive" job change as a result of your exercising your rights.
- Refrain from questioning regarding your financial affairs.
- Refrain from searching your locker until you've been notified in advance, or has obtain search warrant or you are present.
- Provide you access to any tape recording made during the session." "Under POBOR, the employee must what? - CORRECT ANSWER=> 1) Within 30 days, if desired, submit rebuttal to anything negative placed in their personnel file.
- Cooperate with criminal investigations.
- Answer all questions which relate directly to the investigation." "What are the employee's grievance time frames? - CORRECT ANSWER=> Step 1-Informal discussion: Employee submits within 15 workdays, response within 5 working days. Step 2-Formal grievance filed by employee within 5 work days. Response by appointed power within 20 working days. Step 3-Employee has 15 work days to appeal. Headquarters has 15 work days to respond.
Step 4-Employee may appeal this decision within 15 work days. The Director must respond within 20 calendar days." "POBR: - CORRECT ANSWER=> 1. Know the nature of investigation prior to interrogation
- Know names of all persons present
- Know who is in charge of questioning
- Right to a representative
- Refuse polygraph
- Go to restroom
- Record interrogation w/ personal recorder
- Copies of all reports except confidential
- Miranda rights if criminal charges imminent
- Review anything negative prior to placement in personnel file" "What are the 7 concepts of Treatment of People? - CORRECT ANSWER=> 1) Treat people with respect.
- Treat people with dignity.
- Give recognition.
- Give appreciation.
- Remember teamwork.
- Allow for new ideas.
- Have unity." "What are the expectations of Treatment of People? - CORRECT ANSWER=> 1) Treat each other with respect and dignity.
- Value our differences and use them as strengths.
- Work collaboratively toward shared goals.
- Encourage exploration of new ideas.
- Be recognized for our achievements." "What is the section for Adverse action? - CORRECT ANSWER=> 33030.6 EMPLOYEE PERFORMANCE STANDARDS" "STANDARDS BASED UPON ANY FACTOR AFFECTING WORK PERFORMANCE - CORRECT ANSWER=> ATTENDANCE ACCURACY PRODUCTION RELATIONS"
Inexcusable Neglect of Duty Insubordination Dishonesty Drunkenness on Duty Intemperance (outbursts of anger) Addiction Inexcusable absence Moral Turpitude Willful disobedience Unlawful discrimination/harassment Incompetency" "EMPLOYEE MISCONDUCT: - CORRECT ANSWER=> Time Frames31140. Shall normally conclude misconduct issues w/in 1 year of date of discovery Longer than 1 yr. Precludes taking Adverse Action except in abnormal circumstances Investigations shall be completed w/in 60 days of the assignment of staff to conduct the investigation Witnesses31140.9. An employee, not the subject of the investigation, is not entitled to representation or prior notification of an intended interview 31140.9. Criminal charges may be pending Interrogator shall read and complete prior to interrogation Rights portion of 989-D Advisement of rights- Miranda/Lybarger Warning 31140.9. Interview will be recorded when reasonably possible Employee shall have access to the recording made by CDC if any further proceedings are contemplated or before any subsequent interview However if criminal investigation is initiated and subject of interview does not invoke Miranda Rights, access to any recording is prohibited." "Employee Discipline CCR 3390 thru 3401: - CORRECT ANSWER=> Preventative: A. Verbal B. Training IST/OJT Corrective: Letter of Contact (LOC) placed in supervisory file for up to 6 months
1123 Employee Counseling Chrono/ Letter of Instruction (LOI), must serve 30 days after infraction, placed in personal file for up to one year Adverse: Letter of Reprimand (LOR) placed in personal file for up to 3 years max Pay Reduction Demotion in Rank, Suspension, Termination, Possible Criminal Prosecution Types of investigations: DOM 31140.1- category I misconduct handled at and investigated at the local facility by management and supervisors, (Formal referral form 989 for both cat 1 @ 2) category II serious misconduct outside the local scope of a facility, refer to OIA and usually involve misdemeanor and felony misconduct investigation must be concluded by one year to take adverse action" "Peace Officer Procedural Bill Of Rights (P.O.B.A.R.) Government Code section 3300: - CORRECT ANSWER=> Employee has the right to: Know nature of the charges. Know the names of all persons present during questioning. Know who is in charge of the questioning. Have representation, Information given to the representative is confidential administration may not make the representative divulge any information. Have physical needs met. Refuse a polygraph examination, without it being held against them administration must not note, in any way the refusal. Tape-record the proceedings. Obtain copies of all reports and documents, unless they are strictly confidential. "Miranda" rights if criminal investigation/charges appears imminent. View anything prior to its being placed in their personnel or supervisory files. B. Administration must refrain from: Bribery Threats and/or abusive language Unreasonably long interrogation Having the interrogation at an unreasonable hour Release personal information to anyone Punitive job changes Searching your locker or vehicle without permission Having more than two interrogators at a time
No employee in a sensitive position shall report to duty or remain on duty..... with a breath alcohol concentration of 0.04 or greater" "You are the Watch Commander. An employee is attempting to come on grounds to report to their work assignment, they appear to be drunk. What are you going to do? - CORRECT ANSWER=> 1) I'm going to delegate and send the O.P. Sergeant to verify the employee's condition and receive an opinion from them.
- If employee is intoxicated, employee will not be allowed to work.
- Isolate the situation and maintain the employee's dignity.
- The employee's actions will determine my actions.
- I will not allow the employee to drive off themselves.
- I will let the employee call someone to drive him home.
- If employee refuses to call alternative driver and drives themselves, I will notify CHP and local law enforcement agency.
- I will write a report of the incident. Submit the report to the employee's supervisor and send copies of the report to the Custody Captain, ISU, and ERO.
- I will have a follow up meeting with the employee and refer them to EAP." "What are the stages of an emergency in disturbance control? - CORRECT ANSWER=> 1) Stage 1- Incidents for which it is determined that containment and control can be achieved by on duty staff.
- Stage 2- Incidents for which it is determined that containment cannot be achieved by on duty staff and which may be controlled with the assistance of off duty staff. Notify in this order
- CRT
- Custodial staff members scheduled for next duty shift
- Custodial staff members not scheduled for next duty shift Stage 3- Incidents for which it is determined that containment cannot be achieved by Intuitional staff and assistance is required from intra-departmental personnel, CYA personnel and local mutual aid and/or fire units. 55030.9. 55030.9.1 in any emergency where outside asst. is required, facility personnel and assisting forces shall work on a 12 hr. shift.
- Stage 4- Incidents for which it is determined that containment cannot be achieved by Institutional, Intra-agency and local mutual aid personnel and additional mutual aid through the California Office of Emergency Services is required. Disturbance Control Isolate-Specific action in the immediate situation. Control-Stop all movement.
Identify-Identify all participants/witnesses in the disturbance. Asses-Visually and statements from staff witnesses. Notify-Supervisor, central control, and Security Squad if necessary, Medical-Summon and direct to provide first aid until further medical treatment is available. If inmate removal is necessary document the movement and mark the area the inmate was moved from. Relieve officers-If firearms are used, call for EPTP. Insure that the weapon used is replaced, and secured into evidence, retrieve and secure the spent shell casings. Assign crime scene entry/exit monitor-give specific instructions to secure the scene and mark the perimeter, (tape, cones etc.) Document all staff entering or leaving" "You are the Facility Lieutenant and the Sergeant informs you that staff utilized their MK-9 to quell a cell fight incident. What do you do? - CORRECT ANSWER=> Assess the situation and gather information from primary involved staff. Ensure that staff and inmates are treated for any injures and documented on a 7219. Ensure the inmate (subjects) is decontaminated for OC exposure. Ensure any affected inmates or staff is decontaminated. Have the involved inmates placed in holding cells. Interview the inmates separately to determine circumstances and assess possible safety concerns. If no safety concerns, have inmates sign compatibility chrono's and re-house one or both inmates. If safety concerns, re-house one or both inmates on a separate facilities and possibly Ad-Seg. Gather staff reports and complete an incident package. Issue inmates appropriate RVR's for their involvement." "The Facility Lieutenant advice he had a 200 man riot. What is your role as the Watch Commander - CORRECT ANSWER=> Ensure that the incident commander has all available resources at his disposal. Order a lockdown of all inmates and suspend any movement and activities. Assist in coordinating a responding code 3 response Freeze the gate to staff not on a double if close to shift change Ensure Range Staff is ready to provide extra munitions if needed. Ensure CTC Staff is ready to receive inmates who may require emergency medical attention and stage transportation teams at the ready in case they are needed. Notify the AOD"
