OIG
Retrospective Use of Force Monitoring Report
Read the report at CDCR ↗
Amarik K. Singh, Inspector General Shaun Spillane, Chief Deputy Inspector General
of the
OFFICE
OIG
INSPECTOR GENERAL
Independent Prison Oversight March 2026
The Office of the Inspector General’s
Review in 2025 of Use-of-Force
Investigations Previously
Completed by the
California Department of
Corrections and Rehabilitation
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please contact Shaun Spillane, Public Information Officer,
at 916-288-4212.
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March 2, 2026
The Governor of California
President pro Tempore of the Senate
Speaker of the Assembly
State Capitol
Sacramento, California
Dear Governor and Legislative Leaders:
Pursuant to California Penal Code sections 6126(i) and 6133, the Office of the Inspector
General is responsible for the oversight of the staff misconduct and the employee
disciplinary processes of the California Department of Corrections and Rehabilitation
(the department), and its process for reviewing uses of force. This report concerns
the OIG’s asynchronous—as opposed to contemporaneous—review in 2025 of staff
misconduct investigations involving use-of-force allegations. The OIG reviewed these
use-of-force investigation cases after the department had already investigated the
allegations, made findings on the allegations, and closed the cases.
The OIG reviewed the performance of the department’s Office of Internal Affairs’
investigators in conducting investigations of unnecessary or excessive use of force by
departmental employees, and the performance of wardens in reviewing and making
decisions regarding the evidence in the use-of-force investigations. From January 1, 2025,
through December 31, 2025, the OIG completed the reviews of 57 closed staff misconduct
investigations involving use-of-force allegations. The OIG assigned one of three ratings
to each case: adequate, improvement needed, or inadequate. We rated the department’s
overall performance as adequate in seven of the 57 cases, or 12 percent; improvement needed
in nine of the 57 cases, or 16 percent; and inadequate in 41 of the 57 cases, or 72 percent.
Two principal departmental entities were involved in the cases we monitored:
investigators from the Office of Internal Affairs and wardens. In addition to providing
an overall rating for each case, the OIG evaluated the performance of investigators and
wardens. The OIG rated the performance of Office of Internal Affairs’ investigators as
adequate in 14 of the 57 cases, or 25 percent; improvement needed in 10 of the 57 cases, or
17 percent; and inadequate in 33 of the 57 cases, or 58 percent.
The OIG rated wardens’ performances as adequate in nine of the 57 cases, or 16 percent;
improvement needed in 12 of the 57 cases, or 21 percent; and inadequate in 36 of the 57 cases,
or 63 percent.
Gavin Newsom, Governor
10111 Old Placerville Road, Suite 110
Sacramento, California 95827
Telephone: (916) 288-4212
www.oig.ca.gov
Governor and Legislative Leaders
March 2, 2026
OIG Review in 2025 of Use-of-Force Investigations
Page 2
We encourage feedback from our readers and strive to publish reports that not only meet
our statutory mandates but also offer concerned parties with a tool for improvement. For
more information about the Office of the Inspector General, including all our published
reports, please visit our website at www.oig.ca.gov.
Respectfully submitted,
Amarik K. Singh
Inspector General
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OIG Review in 2025 of Use-of-Force Investigations | iii
Contents
Illustrations iv
The OIG’s Monitoring of the California Department of
Corrections and Rehabilitation’s Use-of-Force Cases 1
A New OIG Program to Review CDCR’s Uses of Force 2
The OIG’s Methodology in Reviewing Closed
Use-of-Force Investigation Cases 3
The OIG’s Findings After Reviewing Closed
Use-of-Force Investigations 5
The OIG Rated the Department’s Performance as Inadequate
in 72 Percent of the Cases We Reviewed 5
In More Than Half of the Use-of-Force Investigation Cases,
Office of Internal Affairs’ Investigators Did Not Complete All
Necessary and Relevant Interviews 8
In Some Use-of-Force Investigation Cases, Wardens Did Not
Make Reasonable Decisions Regarding the Sufficiency of the
Investigation 10
In Most of the Use-of-Force Investigation Cases, Wardens
Delayed in Reviewing Investigative Reports and
Making Findings 12
Appendix A: OIG Force Investigation Review
Team Assessment Questions 1 and 2 15
Assessment Question 1 15
How well did the Office of Internal Affairs conduct the investigation? 15
Assessment Question 2 17
How well did the warden determine findings concerning alleged
employee misconduct and process the employee disciplinary case? 17
The Department’s Response to Our Report 19
Office of the Inspector General, State of California
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iv | OIG Review in 2025 of Use-of-Force Investigations
Illustrations
Figures
1. The OIG’s Ratings 4
Tables
1. Overall Department Ratings 5
2. Office of Internal Affairs Ratings 6
3. Warden Ratings 6
Office of the Inspector General, State of California
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OIG Review in 2025 of Use-of-Force Investigations | 1
The OIG’s Monitoring of the California
Department of Corrections and
Rehabilitation’s Use-of-Force Cases
The California Department of Corrections and Rehabilitation (the
department or CDCR) issues and maintains a Department Operations
Manual. This manual contains the department’s policies. Department
Operations Manual section 51020.1 outlines its use-of-force policy.
The section states, in part, “. . . Employees may use reasonable force as
required in the performance of their duties, but shall not use unnecessary
or excessive force.” This is the general policy the department employs to
analyze and review uses of force by its employees against incarcerated
people in prisons.
From 2005 to the present, the OIG has overseen the department’s process
for reviewing uses of force in several ways, including the following:
• The OIG assesses the work of committees at each prison that are
responsible for reviewing each use of force that occurs at a prison;
upon the committee’s review of an incident, the warden—or a
designee—makes findings regarding whether an employee’s use of
force complied with departmental policy.
• The OIG contemporaneously monitors internal investigations
performed by the department’s Office of Internal Affairs
regarding allegations of unnecessary or excessive use of force.
• The OIG monitors the work of the department’s Deadly Force
Review Board, which comprises internal departmental executives,
as well as use-of-force experts from outside law enforcement
agencies. The Deadly Force Review Board meets on a regular
basis throughout the year to review uses of deadly force by
departmental employees and to make recommendations regarding
the department’s use-of-force policies.1
1. The OIG publishes other reports on its website—www.oig.ca.gov—regarding its
monitoring of the work of the committees at each prison that are responsible for reviewing
uses of force; its contemporaneous monitoring of other use-of-force investigations; and its
monitoring of the department’s Deadly Force Review Board.
Office of the Inspector General, State of California
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2 | OIG Review in 2025 of Use-of-Force Investigations
A New OIG Program to Review CDCR’s
Uses of Force
In 2025, the OIG implemented a new program to provide additional
oversight of the department’s reviews of its uses of force: the
asynchronous—as opposed to contemporaneous—review of the
department’s Office of Internal Affairs’ internal investigations into
allegations of unnecessary or excessive use of force. The OIG reviewed
the investigation cases after the department had already investigated the
misconduct allegations, made findings on the allegations, and closed
the cases.
For these cases, the OIG assigned deputy inspectors general (inspectors)
to review closed use-of-force investigations completed by the Office
of Internal Affairs in which a warden reviewed the case and made
findings as to whether an employee’s use of force complied with
departmental policy. These seasoned inspectors have varying and
decades-long experience in correctional policy, conducting and reviewing
investigations, and management.
OIG inspectors reviewed and assessed investigations to determine
whether Office of Internal Affairs’ investigators completed thorough
and timely employee misconduct investigations into allegations of
unnecessary or excessive use-of-force and whether wardens made
appropriate and timely decisions regarding the misconduct allegations.
Office of the Inspector General, State of California
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OIG Review in 2025 of Use-of-Force Investigations | 3
The OIG’s Methodology in
Reviewing Closed Use-of-Force
Investigation Cases
In 2025, the OIG reviewed and assessed a select number of the
department’s use-of-force investigations that the department had
already processed and closed. The OIG selected for review and focused
its work on use-of-force investigation cases that primarily met the
following criteria:
1. Use-of-force investigation cases with egregious allegations,
meaning cases in which the employee’s conduct was
particularly outside the norm of what is expected of a public
safety officer, or cases in which the incarcerated person
subjected to the use of force suffered or could have suffered
serious bodily injury.
2. Use-of-force investigation cases in which one of the
subjects of the investigation was in the classification of
sergeant or higher. A sergeant is a first-level supervisor
within the department.
The OIG reviewed cases that independently met either criterion or
both criteria.
After selecting an Office of Internal Affairs investigation case to review,
we reviewed the entirety of the case file, including the Office of Internal
Affairs’ investigative report and findings forms. In reviewing the Office
of Internal Affairs’ investigative report, the inspector reviewed the report
itself and the exhibits the investigator attached to the investigative
report, including video- and audio-recorded evidence and departmental
use-of-force policies relevant to the investigation. We directly reviewed
the source evidence the Office of Internal Affairs gathered during its
investigation. Source evidence included evidence such as interview
recordings, memoranda, surveillance videos, body-worn camera videos,
logs, and photographs. We reviewed these materials to assess the
thoroughness and timeliness of the investigation.
Once the Office of Internal Affairs completed an investigation, it
submitted the case to a warden for review to make findings on the
misconduct allegations investigated. For this part of our review, the OIG
reviewed documentation regarding the warden’s findings. We assessed
and arrived at a conclusion about whether the warden had sufficient
evidence from the Office of Internal Affairs to make a finding. We
also assessed the warden’s timeliness in conducting the review of the
investigative report and in making findings.
Office of the Inspector General, State of California
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4 | OIG Review in 2025 of Use-of-Force Investigations
To evaluate the performance of the Office of Internal Affairs’
investigators in conducting investigations and the performance of
wardens in making findings regarding investigations, the OIG inspector
answered two sets of assessment questions.2 The inspector used one
set of questions to assess the performance of investigators and another
set of questions to assess the performance of wardens. We then issued
an individual rating of adequate, improvement needed, or inadequate for
the performances of the Office of Internal Affairs and the warden,
respectively. In Figure 1 below, we provide the definitions of the ratings.
For each case we reviewed, we issued an overall case rating of adequate,
improvement needed, or inadequate as an evaluation of the sum of the
department’s performance for each case.
Throughout 2025, we published summaries of the completed use-of-force
investigations we reviewed. A reader may find the case summaries on the
OIG’s website at www.oig.ca.gov/publications.
Figure 1. The OIG’s Ratings
Adequate
An adequate rating means the OIG did not identify any significant deficiencies.
Improvement Needed
An improvement needed rating means the OIG found significant deficiencies,
but the deficiencies did not appear to cause a negative outcome for the
department or for the case.
Inadequate
An inadequate rating means the OIG found significant deficiencies that caused
a negative outcome for either the department or the case.
Source: The Office of the Inspector General.
2. For a list of the assessment questions, see Appendix A.
Office of the Inspector General, State of California
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OIG Review in 2025 of Use-of-Force Investigations | 5
The OIG’s Findings After Reviewing
Closed Use-of-Force Investigations
The OIG Rated the Department’s Performance
as Inadequate in 72 Percent of the Cases
We Reviewed
From January 1, 2025, through December 31, 2025, the OIG reviewed
and evaluated 57 closed use-of-force investigations. As shown in Table 1
below, of the cases we reviewed and evaluated, we found that overall,
the department’s performance was adequate in seven of the 57 cases, or
12 percent. The OIG found deficiencies in the department’s performance
and issued a rating of improvement needed in nine of the 57 cases, or
16 percent. The OIG found the department’s performance was inadequate
in 41 of the 57 cases we reviewed, or 72 percent.
Table 1. Overall Department Ratings
Number of
Rating
Investigation Cases
Adequate 7
Improvement Needed 9
Inadequate 41
Total Cases Reviewed 57
Source: Analysis prepared by staff of the Office of
the Inspector General.
The OIG assessed the Office of Internal Affairs’ investigator’s
performance in each of the 57 cases we reviewed. As shown in Table 2
on the next page, we found the Office of Internal Affairs’ investigator’s
performance was adequate in 14 of the 57 cases, or 25 percent. The
OIG found deficiencies in the Office of Internal Affairs’ investigator’s
performance and issued a rating of improvement needed in 10 of the
57 cases, or 17 percent. The OIG found the Office of Internal Affairs’
investigator’s performance was inadequate in 33 of the 57 cases, or
58 percent of the cases we reviewed.
Office of the Inspector General, State of California
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6 | OIG Review in 2025 of Use-of-Force Investigations
Table 2. Office of Internal Affairs Ratings
Number of
Rating
Investigation Cases
Adequate 14
Improvement Needed 10
Inadequate 33
Total Cases Reviewed 57
Source: Analysis prepared by staff of the Office of
the Inspector General.
As shown in Table 3 below, the OIG assessed the warden’s performance
in each of the cases we reviewed and determined that in nine of the
57 cases, or 16 percent, the warden’s performance was adequate. In
12 of the 57 cases, or 21 percent, the OIG identified deficiencies in
the warden’s performance and issued an improvement needed rating.
In 36 of the 57 cases, or 63 percent, the OIG found the warden’s
performance inadequate.
Table 3. Warden Ratings
Number of
Rating
Investigation Cases
Adequate 9
Improvement Needed 12
Inadequate 36
Total Cases Reviewed 57
Source: Analysis prepared by staff of the Office of
the Inspector General.
In addition to issuing overall ratings for each case and rating the
performances of Office of Internal Affairs’ investigators and of wardens
individually, the OIG also made additional specific findings regarding
the department’s investigative and employee disciplinary processes. In
particular, the OIG found the following:
• In more than half of the use-of-force investigation cases, Office of
Internal Affairs’ investigators did not complete all necessary and
relevant interviews.
• In some use-of-force investigation cases, wardens did not
make reasonable decisions regarding the sufficiency of
the investigations.
Office of the Inspector General, State of California
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OIG Review in 2025 of Use-of-Force Investigations | 7
• In most use-of-force investigation cases, wardens delayed in
reviewing investigative reports and in making findings on the
employee misconduct allegations.
In the next sections, we provide information regarding these findings.
Office of the Inspector General, State of California
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8 | OIG Review in 2025 of Use-of-Force Investigations
In More Than Half of the Use-of-Force
Investigation Cases, Office of Internal Affairs’
Investigators Did Not Complete All Necessary
and Relevant Interviews
To ensure accountability, impartiality, and compliance with legal and
professional standards, it is imperative that investigators conduct
thorough investigations into allegations that departmental staff used
unnecessary or excessive force. California Penal Code section 6065(c) sets
forth that “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 . . . All reports prepared by the
investigator shall provide the appointing authority with a complete
recitation of the facts and shall refrain from conjecture or opinion.”3
Complete and thorough investigations are necessary for wardens
to make accurate and adequate findings. Investigators who conduct
comprehensive investigations demonstrate due diligence, help promote
prison safety, and strengthen trust between departmental employees
and the incarcerated population. Without a thorough and adequate
investigation, a warden cannot make an informed decision regarding the
allegations of misconduct.
The OIG assessed an investigator’s performance in many areas to
determine the thoroughness of an investigation, including but not
limited to, how well the investigator conducted interviews throughout
an investigation; whether the investigator completed all pertinent and
relevant interviews; whether the investigator obtained and reviewed all
relevant evidence; and whether the investigator completed a thorough
and accurate investigative report.
In one aspect of Office of Internal Affairs investigations, the OIG found
a marked need for improvement. In 30 of the 57 cases, or 53 percent,
the OIG determined that the investigator neither independently
identified nor completed all necessary and relevant interviews for a
thorough investigation.
In one case, on September 26, 2023, an officer allegedly pointed a gun
at an incarcerated person each time the incarcerated person asked to
use the telephone or take a shower. The incarcerated person filed a
complaint and reported that the incident occurred inside a housing
unit. At the time the alleged incident occurred, the prison did not have
a video surveillance system, nor did its staff don body-worn cameras.
3. An appointing authority is equivalent to a departmental hiring authority, the individual
responsible for reviewing internal investigations regarding alleged staff misconduct and
making findings on the misconduct allegations. In this report, the hiring authorities for all
closed use-of-force investigation cases the OIG reviewed were wardens.
Office of the Inspector General, State of California
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OIG Review in 2025 of Use-of-Force Investigations | 9
Therefore, for a thorough investigation, it was critical for the investigator
to search for and interview individuals who, based on the evidence, may
have reasonably witnessed the incident. Nevertheless, the investigator
made no attempts to identify any employees or incarcerated people who
may have witnessed the incident. The investigator only interviewed the
officer who was the subject of the investigation. The warden found that
there was enough evidence to make a finding regarding the allegation
and did not sustain the allegation. The warden should have found the
investigation to be insufficient and returned the case to the Office of
Internal Affairs to conduct a complete investigation.
In another case, on October 31, 2023, three officers allegedly pulled
an incarcerated person from his bed and threw him into a wheelchair.
The three officers allegedly escorted the incarcerated person in the
wheelchair to a stairwell and dragged him from the wheelchair to
the top of the stairs. The officers allegedly grabbed the incarcerated
person by his legs, carried him to his cell, threw him on the floor, and
stepped on him upon removing his waist restraints. The incarcerated
person filed a complaint. The incarcerated person suffered bruising
and scratches to his right and left biceps and a cut to his right and left
shins, which prison employees documented. The incarcerated person
noted that another incarcerated person witnessed the incident. The
investigator interviewed the three officers who were the subjects of the
investigation, as well as two other officers who may have witnessed the
incident. The investigator, however, did not interview the incarcerated
person who allegedly witnessed the incident. In addition, despite the
allegation that officers dragged an incarcerated person up a flight of
stairs and carried him to a cell, the investigator did not identify and
interview incarcerated people who were living in the cells near where
the incident allegedly occurred. Despite not having taken these critical
steps, the investigator closed the investigation. The warden reviewed the
investigative report, found the investigation to be sufficient, and did not
sustain the allegations. The warden should have found the investigation
to be insufficient and returned the case to the Office of Internal Affairs
to conduct a thorough investigation.
Office of the Inspector General, State of California
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10 | OIG Review in 2025 of Use-of-Force Investigations
In Some Use-of-Force Investigation Cases,
Wardens Did Not Make Reasonable Decisions
Regarding the Sufficiency of the Investigation
Part of our review focused on whether wardens made reasonable
decisions regarding the sufficiency of Office of Internal Affairs’
investigations. Wardens must determine whether the Office of Internal
Affairs’ investigative report is sufficient to make decisions regarding
misconduct allegation(s) or whether additional investigation is necessary.
We found that wardens did not make a reasonable decision regarding
the sufficiency of the investigation in 31 of the 57 cases we reviewed, or
54 percent. In each of these 31 cases, the warden found the investigation
to be sufficient and made decisions regarding the misconduct allegations
investigated by the Office of Internal Affairs, but the OIG reviewed the
investigative reports and case materials and concluded the investigations
were insufficient and that the warden should have returned the cases to
the Office of Internal Affairs for further investigation.
For example, in one case, on September 19, 2020, officers allegedly struck
an incarcerated person, planted a knife on him, and falsified reports that
indicated they discovered the knife on the incarcerated person during
a clothed body search. On January 29, 2024, the incarcerated person
mailed a letter to the Office of Internal Affairs in which he alleged, in
part, “Since 2018 on forward transferred from prison to prison harassed
and beaten they planted a weapon on me on 9-19-2020 at [prison].”4 The
incarcerated person who submitted the complaint provided a specific
date, prison location, and information regarding the alleged interactions
between him and the officers. The Office of Internal Affairs investigated
the allegations.
The investigator documented his investigative efforts in a report. The
investigative report reflected that the investigator accessed departmental
databases and found an incident report for an incident that occurred
on September 19, 2020, in which two officers discovered a makeshift
weapon and drug paraphernalia on the incarcerated person who filed
the complaint. There were no other incident reports in the departmental
databases regarding incidents involving the incarcerated person in the
days before or after the September 19, 2020, incident. The investigator
reviewed the incident reports of the two officers involved in the
September 19, 2020, incident he found in the departmental databases.
Furthermore, the investigator documented that on October 8, 2024, he
attempted to interview the incarcerated person who filed the complaint,
but the incarcerated person refused to participate in an interview.
The same day, however, the incarcerated person wrote to his housing
4. In his complaint, the incarcerated person specifically identified the prison at which this
incident allegedly occurred. Per California Penal Code section 6133(b)(2), we have removed
this identifying information from this report.
Office of the Inspector General, State of California
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OIG Review in 2025 of Use-of-Force Investigations | 11
unit sergeant and stated that prison employees did not ask him to
participate in an interview regarding the complaint he had filed. The
investigator did not make another attempt to interview the incarcerated
person. Ultimately, the investigator did not conduct any interviews for
the investigation.
The Office of Internal Affairs closed its investigation and submitted
its report to the warden. The investigator listed the subjects of his
investigation as “unknown” even though the officers involved in the
September 19, 2020, incident submitted incident reports with their
names on the reports and the department’s databases reflected the
names of two officers who had interacted with the incarcerated person
regarding an alleged weapon on September 19, 2020. The investigator
ultimately concluded that “based on all the evidence reviewed, there was
not enough factual data to support a continued investigation.”
The warden determined the investigation was sufficient even though
the investigator conducted no interviews at all and did not identify by
name the two officers who allegedly committed misconduct. The warden
should have found the investigation to be insufficient and returned the
case to the Office of Internal Affairs to conduct a complete investigation.
In another example, on January 26, 2024, a sergeant and six officers
allegedly grabbed an incarcerated person by his arms and threw him
to the ground. The investigator reviewed a video-recorded statement
of the incarcerated person’s allegations completed by a sergeant at the
prison along with written reports submitted by prison staff regarding the
incident. The incarcerated person’s statements about what occurred were
inconsistent with the events as described in reports submitted by prison
staff. There was no video evidence capturing the incident. However,
the incarcerated person who filed the complaint identified other
incarcerated people who, based on the evidence, may have reasonably
witnessed the incident, but the investigator did not interview any of
those potential witnesses. The warden determined the investigation was
sufficient even though the investigator did not conduct any interviews.
The warden should have found the investigation to be insufficient
and returned the case to the Office of Internal Affairs to conduct a
complete investigation.
Office of the Inspector General, State of California
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12 | OIG Review in 2025 of Use-of-Force Investigations
In Most of the Use-of-Force Investigation Cases,
Wardens Delayed in Reviewing Investigative
Reports and Making Findings
Once the Office of Internal Affairs completes an investigation regarding
alleged employee misconduct, it submits the investigative report to
a warden to review and make findings. Generally, a warden has one
year from the date of discovery of the alleged misconduct to issue a
notice of disciplinary action to a public safety officer who was under
investigation.5 For departmental employees not in a public safety officer
classification, the warden has three years from the date of an incident to
issue a notice of disciplinary action against that employee.
The meeting at which a warden makes findings is called the investigative
and disciplinary findings conference. Department Operations Manual
section 33030.13 states, in part: “As soon as operationally possible, but
no more than fourteen (14) calendar days following receipt of the final
investigative report, the Hiring Authority shall review the investigative
report and supporting documentation. The Hiring Authority shall
consult with the Vertical Advocate, for all designated cases, and
the SAIG, for all cases monitored by the [OIG] when reviewing the
investigation and making investigative findings.”6
The OIG and the department have a difference in opinion regarding
the interpretation of this policy. The OIG’s position is that the warden
is to hold the investigative and disciplinary findings conference and to
make findings within 14 days of receipt of the Office of Internal Affairs’
investigative report. The department posited that the policy requires only
that the warden review the investigative report and does not require a
warden to hold a conference and make findings within 14 days of receipt
of the Office of Internal Affairs’ investigative report.
In April 2024, the OIG published a report titled: The Office of the
Inspector General Monitoring in 2023 of the California Department of
Corrections and Rehabilitation’s Staff Misconduct Complaint Screening,
Inquiry, Investigation, and Employee Disciplinary Processes. In that report,
5. Generally, Government Code section 3304(d) and (g) require public safety officers to be
served with notice of disciplinary action within one year of the discovery of the alleged
misconduct by a person authorized to investigate. Government Code section 19635
provides, in part, that no adverse action shall be valid against any State employee for any
cause for discipline based on any civil service law unless a notice of the adverse action is
served within three years of the cause for discipline upon which the notice is based.
6. A hiring authority is an individual within the department responsible for making
employee disciplinary decisions. In this report, wardens were the designated hiring
authority for all the closed use-of-force investigation cases the OIG reviewed. In addition,
the BIR is the former OIG Bureau of Independent Review. This was a unit of OIG attorneys
who monitored Office of Internal Affairs’ investigations and the employee disciplinary
process. A SAIG is a Special Assistant Inspector General, which is an OIG attorney
classification. OIG attorneys in the Sexual Misconduct Monitoring and Investigations
Team and the Staff Misconduct Monitoring Unit are currently assigned to these
responsibilities. A vertical advocate is a department attorney assigned to litigate employee
discipline cases.
Office of the Inspector General, State of California
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OIG Review in 2025 of Use-of-Force Investigations | 13
the OIG highlighted the OIG’s and the department’s difference in
interpreting Department Operations Manual section 33030.13. The OIG
recommended the department clarify its policy to reflect its position
that the warden only had to review the completed investigative report
and not necessarily determine a finding on the misconduct allegation(s).
As of January 2026, the department has not updated the Department
Operations Manual to clarify its interpretation of the policy.
The OIG has maintained its position that a warden is to conduct an
investigative and disciplinary findings conference to determine a
finding for each completed investigation it receives from the Office
of Internal Affairs within 14 days. However, taking into account the
ambiguity of the department’s policy, to assess whether a warden timely
made investigative findings, the OIG assessed whether the warden
held an investigative and disciplinary findings conference and made
findings within 30 days of receiving a completed Office of Internal
Affairs investigation, provided the one-year statutory deadline in
which the warden could issue disciplinary penalties to those public
safety employees under investigation did not expire. If the warden
held a conference and made findings within 30 days of receipt of the
investigative report, we assessed the warden to be timely in making
findings; if the warden held the conference and made findings after
30 days, we found the warden to not have been timely in making findings
on the misconduct allegations.
In the cases we reviewed, the warden conducted timely investigative and
disciplinary findings conferences in only 27 of the 57 cases, or 47 percent.
The warden failed to conduct timely investigative and disciplinary
findings conferences in 30 of the 57 cases, or 53 percent.
In all 30 cases in which the warden failed to conduct a timely
investigative and disciplinary findings conference, the warden held the
conference more than 30 calendar days following receipt of the Office of
Internal Affairs investigative report. In 27 of the 30 cases, or 90 percent,
the warden determined a finding before the one-year statutory deadline
to take disciplinary action against the employee. In one case, the Office
of Internal Affairs submitted the completed investigation to the warden
after the deadline to take disciplinary action had already expired.
In two additional cases, the OIG found that wardens received the
completed investigations from the Office of Internal Affairs with
sufficient time to determine findings and impose disciplinary actions
against employees for allegations of staff misconduct if warranted.
However, wardens delayed months in holding investigative and
disciplinary findings conferences and making findings such that
the deadlines to take disciplinary action expired. In both cases, had
the wardens sustained allegations of misconduct, they would have
been unable to serve disciplinary actions against the employees
under investigation.
Office of the Inspector General, State of California
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14 | OIG Review in 2025 of Use-of-Force Investigations
In one case, on April 21, 2023, an officer allegedly failed to provide
an incarcerated person with sufficient time to comply with orders
to get down on the ground, slammed the incarcerated person to the
floor, and then ignored his need for medical attention. The Office of
Internal Affairs investigated the allegations. On December 29, 2023,
the Office of Internal Affairs investigator completed the investigative
report and provided it to the warden. The deadline for the warden to
impose disciplinary action against the officer, had it been warranted,
was June 29, 2024. The warden did not conduct the investigative and
disciplinary findings conference until July 11, 2024, six months and
12 days after receiving the Office of Internal Affairs’ report. The OIG
determined the warden delayed conducting the investigative and
disciplinary findings conference and making findings on the misconduct
allegations for 12 days beyond the deadline to impose disciplinary action
against the officer.
In another case, on February 4, 2024, one of two officers allegedly threw
a chemical-agent-emitting grenade into an incarcerated person’s cell “for
no reason.” The Office of Internal Affairs investigated the allegation and
sent its investigative report to the warden on May 31, 2024. The deadline
to take disciplinary action was February 4, 2025. The warden did not hold
the investigative and disciplinary findings conference or make findings
on the allegation until July 15, 2025, 13 months and 15 days after receiving
the investigative report from the Office of Internal Affairs and five
months and 11 days past the deadline to impose disciplinary action on the
officer, had it been warranted.
Office of the Inspector General, State of California
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OIG Review in 2025 of Use-of-Force Investigations | 15
Appendix A: OIG Force Investigation
Review Team Assessment
Questions 1 and 27
Assessment Question 1
How well did the Office of Internal Affairs conduct
the investigation?
1. Did the Office of Internal Affairs manager appropriately
assign the investigation to an investigator of the
appropriate level—sergeant, lieutenant, or special agent —
in accordance with the Investigation Assignment Index?
2. Did the investigator provide appropriate interview notices
and advisements to the subjects and witnesses before
conducting interviews?
3. Did the investigator ask all necessary questions
during interviews?
4. Did the investigator use effective interviewing techniques
when conducting interviews?
5. Did the investigator complete all necessary and
relevant interviews?
6. Did the investigator appropriately admonish the subjects
and witnesses concerning confidentiality at the conclusion
of interviews?
7. Did the investigator properly preserve, gather, and review
all relevant evidence?
8. Did the investigator prepare a thorough, accurate, and
unbiased report including all relevant information,
evidence, policies, and exhibits?
9. Did the Office of Internal Affairs complete the investigation
and provide the report to the warden or prosecuting agency
before the deadline to take disciplinary action or file
criminal charges?
10. Aside from statutory, regulatory, or policy time frames,
did the Office of Internal Affairs unreasonably delay
completion of the investigation?
7. For purposes of this report, we replaced hiring authority with warden in the assessment
questions.
Office of the Inspector General, State of California
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16 | OIG Review in 2025 of Use-of-Force Investigations
11. Did the investigator thoroughly and appropriately conduct
the investigation?
12. Aside from any issue identified in another question, did the
Office of Internal Affairs follow policy and procedure, and
comply with best practices during the investigative process?
Office of the Inspector General, State of California
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OIG Review in 2025 of Use-of-Force Investigations | 17
Assessment Question 2
How well did the warden determine findings concerning
alleged employee misconduct and process the employee
disciplinary case?
1. Did the warden make timely investigative and
disciplinary findings?
2. Did the warden make a reasonable decision regarding the
sufficiency of the investigation?
3. Did the warden identify the appropriate subjects and
factual allegations for each subject?
4. Did the warden appropriately determine the findings for
each allegation?
5. Did the deadline for taking disciplinary action expire before
the department completed its findings and served the
appropriate disciplinary action?
6. Aside from statutory, regulatory, or policy time frames, did
the warden unreasonably delay in handling the case?
Office of the Inspector General, State of California
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18 | OIG Review in 2025 of Use-of-Force Investigations
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Office of the Inspector General, State of California
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OIG Review in 2025 of Use-of-Force Investigations | 19
The Department’s Response to Our Report
Office of the Inspector General, State of California
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The Office of the Inspector General’s Review in
2025 of Use-of-Force Investigations Previously
Completed by the California Department of
Corrections and Rehabilitation
OFFICE of the
INSPECTOR GENERAL
Amarik K. Singh
Inspector General
Shaun Spillane
Chief Deputy Inspector General
STATE of CALIFORNIA
March 2026
OIG