2009 California Penal Code - Section 6065 :: Chapter 6.5. Internal Investigations


6065.  (a) The Legislature finds and declares that investigations of
the Department of Corrections and the Department of the Youth
Authority that are conducted by their respective offices of internal
affairs, or any successor to these offices, require appropriately
trained personnel, who perform their duties with honesty,
credibility, and without any conflicts of interest.
   (b) To meet the objectives stated in subdivision (a), the
following conditions shall be met:
   (1) Prior to training any peace officer who is selected to conduct
internal affairs investigations, the department shall conduct a
complete and thorough background check. This background check shall
be in addition to the original background screening that was
conducted when the person was hired as a peace officer. Each person
shall satisfactorily pass the second background check. Any person who
has been the subject of a sustained, serious disciplinary action,
including, but not limited to, termination, suspension, or demotion,
shall not pass the background check.
   (2) All internal affairs allegations or complaints, whether
investigated or not, shall be logged and numbered sequentially on an
annual basis. The log shall specify, but not be limited to, the
following information: the sequential number of the allegation or
complaint, the date of receipt of the allegation or complaint, the
location or facility to which the allegation or complaint pertains,
and the disposition of all actions taken, including any final action
taken. The log shall be made available to the Inspector General.
   (c) Consistent with the objectives expressed in subdivision (a),
investigators shall conduct investigations and inquiries in a manner
that provides a complete and thorough presentation of the facts
regarding the allegation or complaint. All extenuating and mitigating
facts shall be explored and reported. The role of the investigator
is that of a factfinder. All reports prepared by an investigator
shall provide the appointing authority with a complete recitation of
the facts, and shall refrain from conjecture or opinion.
   (1) Uncorroborated or anonymous allegations shall not constitute
the sole basis for disciplinary action by the department, other than
an investigation.
   (2) All reports shall be submitted in a standard format, begin
with a statement of the allegation or complaint, provide all relevant
facts, and include the investigator's signature, certifying that the
investigator has complied with the provisions of this section
subject to compliance with Sections 118.1 and 148.6.

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