Policy Text
San Francisco Police Department 8.12
GENERAL ORDER 04/15/09
1IN-CUSTODY DEATHS
This order outlines the rules and procedures to be followed in the investigation, review and reporting
to the Police Commission of In-Custody Death Investigations.
I. DEFINITIONS
A. In-Custody Death. Any death that occurs when a person is restrained by law enforcement
personnel by means of (1) physical restraints and/or any use of force, as defined by
Department Policy (DGO 5.01), (2) detention or confinement in a law enforcement
vehicle, or (3) detention or confinement in a jail or detention facility while in the custody
of the San Francisco Police Department.
B. Involved Member. Member(s), who through facts that establish logical and
consequential involvement, are reasonably responsible for the relevant physical restraint,
detention or confinement at the time of death.
II. POLICY
It is the policy of the San Francisco Police Department to immediately respond to the scene
and conduct a complete investigation of any death of a person(s) that occurred while in the
custody of the San Francisco Police Department.
The In-Custody Death Review Board shall review every in-custody death.
The purpose of this review process is to determine if the SFPD members acted reasonably
within policy at the time of the in-custody death and evaluate the Department’s training,
policies and procedures in light of circumstances that led to the in-custody death.
The San Francisco Police Department recognizes the public’s right to know about
circumstances involving an in-custody death. It is the policy of the San Francisco Police
Department to provide as much information as is reasonable through its public reporting
process while also complying with applicable civil and criminal laws and preserving the
integrity of ongoing investigations.
III. PROCEDURES
A. IN-CUSTODY DEATHS OCCURRING IN SAN FRANCISCO POLICE
DEPARTMENT FACILITIES, VEHICLES, OR CUSTODY. As soon as practical after
a person dies while in the custody of the San Francisco Police Department, reasonable
efforts shall be taken to make the following notifications:
1. When practical, an “involved member” shall notify the Department of Emergency
Management (DEM), and his/her immediate supervisor, or the platoon commander of
the district in which the in-custody death took place.
DGO 8.12
04/15/09
22. The supervisor should immediately notify the Field Operations Bureau Headquarters
(Operations Center after normal business hours).
3. The Operations Center shall make the following notifications:
The on-call Homicide Detail investigators and Homicide O.I.C.
The Critical Incident Response Team,
The Photo Lab unit on duty or on-call,
The C.S.I. unit on duty or on-call,
The Management Control Division,
The Commanding Officer of the member(s) involved,
Chair of the In-Custody Death Review Board,
Deputy Chief of member(s) involved.
Legal Division,
Director of Risk Management,
Secretary of the Police Commission,
The District Attorney Office,
The Director or Designee of the O.C.C.,
Public Affairs Office,
All other notifications as necessary.
B. INVESTIGATION PROTOCOL. The investigation into an In-Custody Death will be
generally divided into separate investigations, criminal and administrative.
1. Criminal Investigation. Investigations to determine if there is any criminal conduct
on the part of any participant. This investigation will be conducted separately by the
Homicide Detail and the Office of the District Attorney.
2. Administrative Investigation. Investigations to determine if the member acted within
policy at the time of the in-custody death are conducted separately by the
Management Control Division and by the Office of Citizen Complaint, if and when a
citizen’s complaint has been generated.
3. The Homicide Detail and the Management Control Division (MCD) shall respond
promptly and conduct a timely investigation into every in-custody death. These
investigations will utilize the same numbering system and be consistent with each
other, e.g., ICD 03-01 (first in-custody death of 2003), ICD 03-02 (second in custody
death of 2003), etc. The Homicide Detail Inspector shall contact the MCD
Investigator and obtain the MCD in-custody death (ICD) case number.
4. The Homicide Detail’s final report shall be routed to the Management Control
Division for evaluation, prior to review by the Chief of Police.
C. SCENE. The member(s) who is involved in an in-custody death should limit his/her
investigation to the following:
DGO 8.12
04/15/09
31. As soon as practical, protect the crime scene and preserve all evidence. Prior to the
arrival of the Homicide Detail Investigators, as provided under III.C.3., no person(s)
should be permitted to enter the scene except to perform emergency medical
assistance or assist in the preservation of the scene and evidence.
2. As soon as practical, attempt to obtain the name and address of any witness who may
not remain at the scene.
3. When an in-custody death occurs within the City and County of San Francisco, the
crime scene(s) shall be under the control of the Homicide Detail upon the arrival of
its investigators. No person shall be permitted to enter the crime scene without the
approval of the Homicide