California § 18108 - Each municipal police department and county sheriff

§ 18108. Each municipal police department and county sheriff

(a) Each municipal police department and county sheriff’s department, the Department of the California Highway Patrol, and the University of California and California State University Police Departments shall, on or before January 1, 2021, develop, adopt, and implement written policies and standards relating to gun violence restraining orders. The policies and standards shall be updated, as necessary, to incorporate changes in the law governing gun violence restraining orders. (b) (1) The policies and standards shall instruct officers on the use of gun violence restraining orders in appropriate situations to prevent future violence involving a firearm and shall encourage the use of de-escalation practices for officer and civilian safety when responding to incidents involving a firearm. (2) The policies and standards shall instruct officers on the types of evidence a court considers in determining whether grounds exist for issuance of a gun violence restraining order pursuant to Section 18155. (3) The policies and standards shall instruct officers to consider whether a gun violence restraining order may be necessary during a response to any residence that is associated with a firearm registration or record, during a response in which a firearm is present, or during a response in which one of the involved parties owns or possesses a firearm, or expressed an intent to acquire a firearm. The policies and standards should also inform officers about the different procedures and protections afforded by different types of firearm-prohibiting emergency protective orders that are available to law enforcement petitioners and provide examples of situations in which each type of emergency protective order is most appropriate. (4) The policies and standards should also instruct officers to consider whether a gun violence restraining order may be necessary during a contact with a person exhibiting mental health issues, including suicidal thoughts, statements, or actions, if that person owns or possesses a firearm or expressed an intent to acquire a firearm. The policies and standards shall encourage officers encountering situations in which there is reasonable cause to believe that the person poses an immediate and present danger of causing personal injury to themselves or another person by having custody or control of a firearm to consider obtaining a mental health evaluation of the person by a medically trained professional or to detain the person for mental health evaluation pursuant to agency policy relating to Section 5150 of the Welfare and Institutions Code. The policies and standards should reflect the policy of the agency to prevent access to firearms by persons who, due to mental health issues, pose a danger to themselves or to others by owning or possessing a firearm. The policies and standards should encourage officers to provide information about mental health referral services during a contact with a person exhibiting mental health issues. (c) The written policies and standards developed pursuant to this section shall be consistent with any gun violence restraining order training administered by the Commission on Peace Officer Standards and Training, and shall include all of the following: (1) Standards and procedures for requesting and serving a temporary emergency gun violence restraining order, including standards and procedures for determining prior to the expiration of a temporary emergency gun violence restraining order whether the subject of the temporary emergency gun violence restraining order presents an ongoing increased risk for violence so that a gun violence restraining order issued after notice and hearing may be necessary. (2) Standards and procedures for requesting and serving an ex parte gun violence restraining order, including standards and procedures for determining prior to the expiration of an ex parte gun violence restraining order whether the subject of the ex parte gun violence restraining order presents an ongoing increased risk for violence so that a gun violence restraining order issued after notice and hearing may be necessary. (3) Standards and procedures for requesting and serving a gun violence restraining order issued after notice and hearing. (4) Standards and procedures for the seizure of firearms and ammunition at the time of issuance of a temporary emergency gun violence restraining order. (5) Standards and procedures for verifying or ensuring the removal of firearms and ammunition from the subject of a gun violence restraining order. (6) Standards and procedures for obtaining and serving a search warrant for firearms and ammunition. (7) Responsibility of officers to attend gun violence restraining order hearings and diligently participate in the evidence presentation process. (8) Standards and procedures for requesting renewals of expiring gun violence restraining orders. (9) Standards and procedures for storing firearms surrendered pursuant to a gun violence restraining order. (10) Standards and procedures for returning firearms upon the termination of a gun violence restraining order, including verification that the respondent is not otherwise legally prohibited from possessing firearms. (11) Standards and procedures for addressing violations of a gun violence restraining order. (d) Municipal police departments, county sheriff’s departments, the Department of the California Highway Patrol, and the University of California and California State University Police Departments are encouraged, but not required by this section, to train officers on standards and procedures implemented pursuant to this section, and may incorporate these standards and procedures into an academy course, preexisting annual training, or other continuing education program. Municipal police departments, county sheriff’s departments, the Department of the California Highway Patrol, and the University of California and California State University police departments shall make information about standards and policies implemented pursuant to this section available to all officers. (e) In developing and updating these policies and standards, law enforcement agencies are encouraged to consult with gun violence prevention experts, mental health professionals, domestic violence service providers, and other community-based organizations. (f) Policies developed pursuant to this section shall be made available to the public upon request.