1. (a) Upon referral to the Investigative Unit, the Covered Complaint shall be assigned to an investigator or team of investigators. Subject to subdivision (b), each assigned investigator:

   1. (1) Shall hold a higher rank than the Subject of the Covered Complaint, if the investigator is a member of the Subject's Employing Agency;
   2. (2) Shall not be the immediate supervisor of the Subject of the Covered Complaint, unless the Subject's immediate supervisor is the highest-ranking member of the Subject's chain of command;
   3. (3) Shall not have any actual or perceived conflicts of interests, including a reasonable likelihood that the investigator may be a potential witness or that other actual or perceived conflicts may arise;
   4. (4) Shall be subject to supervision consistent with agency policy; and
   5. (5) Shall have undergone an appropriate background check.

2. (b) If it is impossible or impracticable to comply with subdivision (a) due to the Subject's rank, conflicts of interest, the Investigating Agency's unforeseen resource limitations, or any other impediment to investigation, the Investigating Agency shall refer the matter to the alternate Investigating Agency identified pursuant to Section 999.301, subdivision (c) within five days of referral to the Investigative Unit.

   1. (1) If referral to the alternate Investigating Agency is impossible or impractical, the Investigating Agency shall request that the California Department of Justice accept a referral of the matter. The request must explain why the Investigating Agency and alternate Investigating Agency are unable to conduct the investigation.
   2. (2) If it accepts the referral, the California Department of Justice shall be bound by these regulations, except that it shall have discretion to refer the matter to an Appropriate Oversight Agency.
   3. (3) If the California Department of Justice declines to accept the referral or does not respond to the Investigating Agency's request within 30 days, the Investigating Agency shall retain responsibility for investigating the matter. The Investigating Agency shall be permitted to refer the matter to another Appropriate Oversight Agency not covered by the policies in place pursuant to Section 999.301, with the consent of the referee agency. The Investigating Agency shall take all reasonable measures to mitigate conflicts of interest or undue pressure on personnel involved with the investigation.
   4. (4) The time during which a request for referral is pending with the California Department of Justice shall not count toward the time limit specified in Section 999.306, subdivision (i).

3. (c) The investigator assigned shall assess, within ten days of the Investigating Agency's receipt of the Covered Complaint, whether the Covered Complaint provides Sufficient Particularity to Investigate. In determining whether the Covered Complaint contains Sufficient Particularity to Investigate, the following, by themselves, are not sufficient to decline investigation:

   1. (1) Failure to identify a Hate Group by name, where Membership in a Hate Group, Participation in Any Hate Group Activity, or Advocacy of Public Expressions of Hate are alleged.
   2. (2) Failure to specifically allege Membership in a Hate Group, Participation in Any Hate Group Activity, or Advocacy of Public Expressions of Hate, where the content of the complaint otherwise suggests the Subject officer may have Membership in a Hate Group, has Participated in Any Hate Group Activity, or has engaged in Public Expressions of Hate.

4. (d) In assessing the Covered Complaint, the investigator shall determine:

   1. (1) Whether the alleged misconduct took place within seven years preceding the communication of any portion of the underlying allegations to any government agency; or whether the nature of the alleged misconduct is such that further investigation is warranted regarding when the alleged misconduct took place; and
   2. (2) Whether the alleged misconduct took place after the Subject was 18 years of age or that the nature of the alleged misconduct is such that further investigation is warranted regarding the age of the Subject at the time of the alleged misconduct.
5. (e) If the investigator concludes that the Covered Complaint, as received, lacks Sufficient Particularity to Investigate or lacks sufficient detail regarding when the misconduct allegedly occurred or the age of the Subject at the time, the investigator shall take all reasonable steps to contact the complainant, if possible, to ascertain whether the complainant has additional information that could provide the necessary Sufficient Particularity to Investigate. The initial assessment period may be extended up to a total of 30 days for the purpose of contacting or communicating with the complainant or other identified witnesses, or receiving further information relevant to the Covered Complaint.
6. (f) If the investigator, having taken the steps outlined in subdivision (e), determines that the Covered Complaint still does not provide Sufficient Particularity to Investigate, that the misconduct occurred more than seven years preceding communication of any portion of the underlying allegations to a government agency, or that the misconduct occurred when the Subject was less than 18 years of age, the investigator may close the investigation after documenting their conclusions, reasoning, and efforts to obtain additional information. Any such determination shall be reviewed by the investigator's supervisor. The Investigating Agency shall maintain documentation regarding the Covered Complaint in a file, which shall include all evidence obtained by the investigator, the investigatory steps taken, and the investigator's conclusions and reasoning.

7. (g) The following circumstances, standing alone, shall not be grounds for the suspension or termination of the investigation of a Covered Complaint, even if it has not yet been determined whether there exists Sufficient Particularity to Investigate:

   1. (1) Withdrawal of a Covered Complaint by a complainant;
   2. (2) The voluntary or involuntary separation of a Subject from their Employing Agency; or
   3. (3) The discontinuation of a Subject's status as a Peace Officer.
8. (h) Pursuant to Penal Code section 13682, subdivision (a), if the investigator determines that the complainant has provided Sufficient Particularity to Investigate and that the misconduct at issue may have occurred within seven years of communication of any portion of the underlying allegations to a government agency, and after the Subject reached the age of 18, the investigator shall immediately open an investigation to determine whether the Subject of the Covered Complaint has engaged in the alleged Covered Misconduct.
9. (i) Any investigation conducted pursuant to this section shall be completed as quickly as practicable, but no later than six months after receipt of the Covered Complaint by the Investigating Agency, unless the Investigating Agency identifies and documents needs specific to the investigation warranting an extension of time (such as complexity, number of subjects, or unforeseen developments warranting further investigation), or because the Adjudicating Agency has requested further investigation. Under these circumstances, the deadline to complete the investigation may be extended up to three months at a time. Pursuant to Penal Code section 13682, subdivisions (a) and (b), the length of the investigation shall not be considered a mitigating factor in the adjudication of the matter and shall not affect the Employing Agency's obligation to remove from appointment as a Peace Officer any Peace Officer against whom a Covered Complaint is Sustained.
10. (j) The investigator shall identify, collect, and consider all relevant evidence, including, without limitation, social media content and audio- or video-recordings.
11. (k) The investigator shall take all reasonable steps to locate and interview all witnesses, including civilian witnesses. Interviews shall be video-recorded or audio-recorded.

12. (l) Pursuant to Penal Code section 13682, subdivision (a), the Investigating Agency shall not be restricted with respect to any of the following aspects of the investigation, except as required by the United States or California Constitutions:

    1. (1) The length of notice provided to a Subject or witness, of any aspect of an upcoming interview or an interrogation. The length of notice given shall take into account all relevant factors including integrity of the investigation, potential spoliation of evidence, other obstruction of the investigation, and the ability of a Subject to secure the assistance of a representative.
    2. (2) The duration of an interview or interrogation.
    3. (3) The number of questioners or other participants in an interrogation or investigation, where the investigator determines that it is necessary to include subject-matter experts.
    4. (4) The use of reasonable measures to avoid or minimize obstruction by limiting from participation a Subject's or witness's representative in an interview or investigation.
    5. (5) The provision to the Subject or any witness of any evidence, including transcripts or recordings of interviews or interrogations (including by permitting a subject or witness to create transcripts or recordings), prior to the conclusion of the investigation.
    6. (6) The discretion of an investigator or finder of fact to draw a negative inference based on the refusal of a Subject to answer questions or provide any other evidence requested for a legitimate investigative purpose.
13. (m) Where an investigation involves allegations of both Covered Misconduct and other misconduct that is related to the Covered Misconduct, the provisions of subdivision (l) shall not apply to interrogations or other investigative activities that do not involve Covered Misconduct.
14. (n) For each investigation, the Investigating Agency shall determine whether the investigation should run concurrently and parallel to any related criminal investigation or instead should be paused until a related criminal investigation has concluded. This determination should take into account potential loss or degradation of evidence caused by extended passage of time, and appropriate efforts should be made to protect the integrity of parallel criminal proceedings. If the Investigating Agency determines that the investigation of a Covered Complaint should be paused due to a related criminal investigation, the six-month time period provided in Section 999.306, subdivision (i), is suspended until the Investigating Agency determines that its investigation can recommence without prejudice to the criminal investigation, and in any event no later than the final resolution of the criminal matter. The Investigating Agency shall not implement any policy that prohibits concurrent investigations in all instances.

15. (o) An investigation shall be deemed concluded when:

    1. (1) The investigator has sufficient evidence to support Findings;
    2. (2) The investigator has sufficient evidence to determine that any applicable element identified in Section 999.308 cannot be established; or
    3. (3) The investigator has been unable to identify evidence sufficient to establish any applicable element in Section 999.308.

16. (p) Once the investigator has concluded the investigation, they shall ensure that the investigative file includes, at a minimum:

    1. (1) A case log that tracks the progress of the investigation, including a chronology of investigative steps taken, the individuals involved, and the date and time the step was taken;
    2. (2) A record of all evidence collected, including, if relied upon, relevant complaints received, interview transcripts and social media documentation;
    3. (3) A narrative or written summary that describes the core actions taken by the investigator; and
    4. (4) Findings.
17. (q) Upon conclusion of the investigation, the investigative file shall be transmitted to the Adjudicating Agency, or to the adjudicating official if the Investigating Agency and Adjudicating Agency are the same.

Note: Authority cited: Section 13682, Penal Code. Reference: Section 13682, Penal Code; and Section 3304, Government Code.

History

1. New section filed 3-3-2026; operative 7-1-2026 (Register 2026, No. 10). For prior history, see Register 2022, No. 18.