Police Ordinance (PolV) - Subordination, Leadership, and Composition (POLV)

1. The Cantonal Police is subordinate to the Department of Justice, Security, and Health. It is headed by the Police Commander.

2. The Cantonal Police is composed of corps members (policewomen and policemen), security assistants, and civilian employees.

1. The Cantonal Police is divided into departments. The assignment of tasks and the organization of the departments are determined by the Chief of Police.

2. The department approves the creation and dissolution of the departments.

3. The Chief of Police determines the command organization.

1. The Police Commander appoints a Police Command Staff as an advisory body.

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3. To ensure continuous police leadership, the Police Commander deploys on-call officers. In cases of imminent danger, the on-call officer decides on measures in accordance with Section 5a.

1. The spatial organization and local jurisdiction of the cantonal police are determined by the Chief of Police.

2. The establishment and abolition of police stations are decided by the Department.

1. Police Orders from Judicial and Police Authorities of the Federation, the Canton, and the Municipalities, as well as from Administrative Offices, are to be directed to the Police Command.

1. The government determines the number of approved positions in the cantonal police. In doing so, it takes into account the needs, tasks, and their prioritization.

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1. Corps Members are Graded.

2. The Grading is Conducted without Affecting the Classification into Functional Classes According to Article 12 of the Personnel Ordinance.

3. The Prerequisites for a Promotion are Ability, Performance, Experience, and Professional Conduct.

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1. The following ranks exist

a) Officer Ranks: Colonel, Lieutenant Colonel (Lt Col), Major (Maj), Captain (Capt), First Lieutenant (1st Lt), Second Lieutenant (2nd Lt), Chief Adjutant (C Adj), Adjutant Non-Commissioned Officer (Adj NCO), Sergeant Major (Sgt Maj), Sergeant with Special Duties (Sgt w/SD)

b) Enlisted Ranks: Sergeant (Sgt), Corporal (Cpl), Private First Class (PFC), Police Officer (PO)

2. The officer ranks are tied to a designation as an officer. The designation as an officer and its ranks are determined by the Department.

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2. The following requirements apply for obtaining ranks

a) * Police Officer: Completion of police training with a federal specialist certificate

b) * Private First Class: 3 years of service and passing the consolidation level exam

c) Corporal: 6 years of service

d) * ...

e) Sergeant: 10 years of service and passing the specialist exam in the field of criminal or traffic police. For specialists, a professional examination may also be recognized.

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4. The first year of police training does not count as a year of service for the purposes of promotion regulations.

1. Upon assuming a management position in accordance with Article 7a, the promotion to the corresponding rank takes place. Classification into the relevant functional class is determined by personnel legislation.

2. Management ranks are not tied to years of service or non-commissioned ranks according to Article 8, subject to a specialist examination.

3. Upon leaving a management position, the entitlements to the corresponding rank and functional class cease. Only the years of service remain decisive.

1. Promotions are enacted by the department upon request of the police commander.

1. Members of the corps may be appointed as investigators if they hold the rank of Corporal or higher and can demonstrate professional competence and criminal investigation experience that qualifies them to independently perform judicial police duties, and have passed an investigator examination.

2. Corps members appointed as investigators by the police commander and deployed in this function receive the specified flat-rate compensation.

1. Employees of the Cantonal Police shall conduct themselves exemplary both on and off duty.

1. Employees are also required to comply with a summons outside of their working hours.

1. Members of the corps are obligated to accept transfers.

2. Decisions regarding transfers are made by the Chief of Police.

1. The residence and location decision is made by the Chief of Police based on service requirements.

1. Members of the corps receive a police identification card that certifies their police rights and duties.

2. The Chief of Police determines the identification cards for security assistants and civilian employees.

3. The police identification card is to be designed in such a way that its holder can also identify themselves with just the service number. The conditions for this are determined by the Chief of Police.

1. Uniformed employees generally wear a name tag. Exceptions to this are special units.

1. Corps members shall be appropriately armed, equipped, and upgraded.

2. Those who possess adequate and up-to-date personal uniforms may receive a clothing allowance amounting to approximately 30 percent of the purchase cost instead of the entitled uniform items.

3. Uniform items and the service weapon may be retained by employees upon leaving the police corps.

4. The provisions of paragraphs 1 to 3 apply mutatis mutandis to security assistants.

5. For private vehicles and personal equipment that are necessarily used in service, the canton shall provide full compensation for damage or loss, provided that the loss or damage occurred during normal use in police service and was not caused by intent or gross negligence.

1. In the event of deaths, and subject to the consent of the relatives, a burial shall take place in accordance with the cantonal customs of the police. The Police Commander, taking into account the governmental council's protocol order, shall make the necessary arrangements.

2. The costs for the necessary measures shall be borne by the Canton.

1. The cantonal police may train recruits at a police or concordat school, or they may conduct their own police training school.

1. The requirements for admission as candidates to a police academy and the recruitment procedure are determined by the government.

1. The training for a policewoman or policeman lasts two years.

1. The first year of police training is completed at a school in accordance with Article 19, supplemented by an introductory internship, and concludes with the Operational Readiness Examination (ORE).

2. During the introductory internship, there is no authorization to independently perform police duties, except for the use of firearms in cases of self-defense and defense of others. The trainee must be accompanied at all times by a trained police officer.

3. For the first year of police training, a training contract is concluded for a fixed term of one year.

1. The second year of police training includes an internship within the police corps. It concludes with the federal professional examination.

2. A policewoman or policeman in the internship is authorized to act independently in a law enforcement capacity.

3. An open-ended employment contract is concluded with the policewoman or policeman in the internship.

1. Candidates are required to commit in writing to reimburse a portion of the training costs upon entering the police academy.

2. The reimbursement amounts upon withdrawal are as follows

a) * During the first year of police training up to the introductory internship: CHF 8,000.-

b) * Subsequently, up to the Operational Readiness Examination (ORE): CHF 25,000.-

c) * In the 1st year of service as a probationary police officer: CHF 35,000.-

d) In the 2nd year of service: CHF 27,500.-

e) In the 3rd year of service: CHF 20,000.-

f) In the 4th year of service: CHF 10,000.-

3. The obligation to reimburse expires upon the completion of the 4th year of service.

4. The department may, after consulting the personnel office, grant exceptions to the reimbursement obligation.

1. Non-incorporated applicants may be admitted to the police corps after successfully completing the assessment, provided they hold the federal professional certificate as a police officer or possess specialized knowledge in a particular area.

1. Applicants entering according to Article 23 may retain a previously or formerly held rank only if the corresponding requirements are fulfilled.

2. Years of service completed in other police corps can be considered for promotion. Such consideration must be documented in the employment contract.

1. Before the commencement of the introductory internship during the first year of police training, the candidates are required by the Police Commander or the Police Commandant to fulfill their duties conscientiously, to remain truthful in all service-related statements, and to maintain confidentiality concerning official matters.

2. The new members of the corps are required to take the following oath before the Police Commander or the Police Commandant: “I promise to respect the Constitution and the laws, to obey the government of the canton and my superiors, to perform my duties impartially, incorruptibly, and to the best of my knowledge and ability, to adhere strictly to the truth, to respect and protect the rights of citizens, to be discreet about official duties and observations, and to dedicate all my energy to the accomplishment of my tasks.”

1. The notification to the candidates following the election shall be made by the Police Commander.

1. The department determines the guiding principles of the cantonal police.

2. The police commander issues the necessary service instructions, particularly concerning leadership, organization, recruitment, training and continuing education, communication, command during police operations, as well as clothing and equipment.

1. The Chief of Police shall issue the necessary service instructions regarding the recruitment, training, and employment of security assistants.

1. The Police Commander may, after clarifying the facts and hearing the affected party, impose verbal or written reprimands as disciplinary measures or order a disciplinary transfer.

2. In the case of a disciplinary transfer, there is no entitlement to reimbursement of expenses.

1. Decision Regarding Police Assistance of Up to 250 Man-Days in Accordance with Article 4 Paragraphs 2 and 3 of the Police Act

The decision regarding police assistance of up to 250 man-days, as referred to in Article 4 Paragraphs 2 and 3 of the Police Act, is made by the Police Commander.

1. When police officers provide assistance in accordance with Article 4 of the Police Act, they are subject to the command of the cantonal police within the framework of this assistance on the territory of the canton. In this case, they have the same powers and duties as the members of the cantonal police force. In terms of personnel and insurance law, they remain subject to their parent corps.

1. The decision regarding mutual assistance within the meaning of Article 5, Paragraphs 1 and 2 of the Police Act is made by the Chief of Police.

2. Reimbursement of costs pursuant to Article 5, Paragraph 1 of the Police Act is excluded insofar as there is a contractually agreed permanent transfer of police tasks.

1. The Chief of Police exercises supervisory authority in accordance with Article 82 of the Intelligence Service Act.

1. The cantonal police may enter into service agreements with third parties to fulfill the tasks incumbent upon them in threat management.

1. The KBM Department conducts threat management.

1. The Expert Committee assists the Competence Center KBM in the establishment and further development of threat management. It is led by the Competence Center KBM.

2. The Expert Committee consists of one member from each of the following authorities

a) the Cantonal Police;

b) the Public Prosecutor's Office;

c) the Child and Adult Protection Authority;

d) the Office for Corrections;

e) the Office for Migration and Civil Law;

f) the Cantonal Social Welfare Office;

g) the Psychiatric Services of Graubünden.

3. The members are designated by their respective authorities.

4. The Expert Committee may involve additional persons.

1. The following measures under the Police Act are decided by a police officer

a) * Detention in accordance with Article 9 paragraph 4;

abis) * Exclusion in accordance with Article 12a paragraph 5;

b) * Police custody in accordance with Article 15;

c) * Special measures against violence, threats, or stalking in accordance with Article 16;

d) * Search of non-public premises in accordance with Article 20;

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f) * Surveillance of postal and telecommunications traffic outside of criminal proceedings in accordance with Article 22d.

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1. The Chief of Police is the competent authority according to Article 3a and Article 3b paragraph 2 of the Concordat on Measures Against Violence at Sports Events.

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4. The following police measures of the Concordat on Measures Against Violence at Sports Events are decided by a police officer

a) Ban on areas according to Article 4 and Article 5 of the Concordat;

b) Reporting obligation according to Article 6 and Article 7 of the Concordat;

c) Police custody according to Article 8 and Article 9 of the Concordat.

1. The cantonal police determine which police officers are authorized to hear witnesses on behalf of the public prosecutor.

2. The following coercive measures under the Criminal Procedure Code are decided by a police officer

a) Extension of the provisional arrest in the case of contraventions according to Article 219, paragraph 5;

b) Surveillance according to Article 282, paragraph 1;

c) Covert search according to Article 298b, paragraph 1.

1. The Cantonal Police shall notify the following authorities of measures against violence, threats, or harassment

a) the Child and Adult Protection Authority, if minors are involved or measures for adult protection are considered;

b) the Office for Migration and Civil Law, if immigration or asylum measures are considered;

c) the education authorities, if necessary for the protection of school-age children and adolescents;

d) the police agencies of other cantons, if necessary for the enforcement of the ordered measure.

1. The Cantonal Police may conduct visual and audio surveillance of publicly accessible places, provided that no personal data is collected in the process.

1. Measures within the meaning of Article 22a of the Police Act are ordered to identify crimes or criminals.

1. If the cantonal police deploys fixed automatic image recording devices for automated vehicle searches, the police commander shall review the appropriateness of the deployment location at least every five years.

2. Semi-stationary image recording devices may be used at the same location for a maximum of three months.

1. The Cantonal Police maintains a list of the locations of imaging devices that it uses for automated vehicle searches.

2. It shares the list with the Data Protection Supervisory Authority.

3. The Data Protection Supervisory Authority publishes the list.

1. The cantonal police use a special data processing system for automated vehicle searches (AF data processing system).

2. The following data are processed in the AF data processing system

a) License plate of vehicles;

b) Location;

c) Date and time;

d) Direction of travel;

e) Vehicle occupants.

3. The police commander assigns access rights based on roles.

4. The AF data processing system logs who captures, modifies, or queries data. The logs are retained for one year.

1. If the cantonal police use permanently installed, high-resolution image recording or image transmission devices to ensure traffic safety, the police commander or police commandant reviews the appropriateness of the deployment location at least every five years.

2. Semi-stationary, high-resolution image recording or image transmission devices, as well as other non-stationary aids, may be used at the same location for a maximum of three months.

3. For the publication of the locations of the high-resolution image recording or image transmission devices, Article 34bquater applies mutatis mutandis.

1. The cantonal police shall report to the department annually on the automated vehicle search.

2. In the report, it shall specify in particular the following

a) how many data matches have resulted in a match with a registered license plate (hits);

b) how many hits have led to an arrest, check, or detention;

c) how many image recording devices are in use;

d) breaches of data security;

e) adjustments to information technology.

1. The police officer shall decide on search orders in accordance with Article 22b, paragraph 2, letter c of the Police Act.

2. If search orders last longer than 90 days, the Chief of Police shall decide on their extension.

3. The Chief of Police may delegate the authority pursuant to paragraph 1 to specially qualified personnel. These individuals can issue search orders for a maximum of 24 hours. The extension of the measure shall be decided by the police officer, and after 90 days, by the Chief of Police.

4. The order must specify the reason and duration of the search order.

1. Measures pursuant to Article 22c of the Police Act shall be ordered by the incident commander or commanding officer.

1. Bodycams may be used in publicly accessible areas when the application of police force is likely because crimes have already been committed or are expected.

2. The start and end of the recording capture the interaction with the person concerned as well as the measures taken against them.

3. If circumstances permit, the person concerned must be informed of the recording. The person concerned may also request the recording.

1. Police officers equipped with cameras and ongoing recordings must be recognizable to the affected individuals.

2. The deletion of the recording after 30 days takes place automatically.

1. If municipal police officers perform their duties in uniform, they must complete the administrative fines course with the cantonal police and receive training in traffic sign placement with a larger municipal police corps.

2. If the service is conducted armed or to implement a measure according to Article 3 Paragraph 1ter of the Police Act, this requires training as a police officer with a federal professional certificate.

3. The same transitional provisions apply as during the introduction of the federal professional examination.

1. Municipal police officers shall be identified as such and must be distinctly different from the cantonal police in terms of vehicle markings and uniforms. Exceptions are determined by the police commander.

1. The fines pursuant to Article 36k of the Police Act are as follows

a) Endangerment by fireworks (Art. 36c PolG): CHF 150.-

b) Indecent behavior, disturbance of the peace (Art. 36g PolG): CHF 100.-

c) Pollution of another's property (Art. 36h para. 1 PolG): CHF 100.-

d) Begging (Art. 36j PolG): CHF 50.-

2. The municipalities bear the costs for the conduct of these fine proceedings.

3. The collected fines are paid into the municipal treasury.

1. The provisions of this section apply to the processing of personal, case-related, and factual data by the cantonal police, insofar as they are not acting as judicial police.

2. The processing of judicial police data is governed by the Swiss Code of Criminal Procedure; it encompasses all data processing by the cantonal police in their function as a law enforcement authority.

3. If the cantonal police process data in federal information systems, the federal legal provisions apply. The cantonal police law applies complementarily.

4. For all other data processing, the cantonal data protection law is applicable, unless more specific regulations exist.

1. The employees of the Cantonal Police have access to the data insofar as it is necessary for the fulfillment of judicial or security police tasks.

1bis. The Cantonal Police grants access to the data to other persons

a) insofar as it is provided for by law;

b) insofar as they are dependent on it to fulfill a police task that has been assigned to them by contract;

c) when they process data on behalf of the Cantonal Police.

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1. The provisions of the Office of Information Technology apply to data security.

2. The Cantonal Police are responsible for data maintenance and management. They take the necessary measures to protect the data from unauthorized access and loss.

2bis. The Police Commander issues the necessary service instructions.

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**1. The Cantonal Police processes the data from threat management in its own data processing system.**

**2. Access to this data processing system is granted only to individuals who need this information to perform their assigned police duties. The Chief of Police determines access authorization based on roles.**

**3. If no case is opened, the data is destroyed no later than five years. In other cases, the data must be destroyed no later than ten years after the conclusion of the case.**

1. The KBM Specialist Office designates the authorities, professionals, and private organizations that participate in a case conference.

2. It informs the participants of their confidentiality obligations and the consequences of non-compliance. Persons not subject to official secrecy must confirm adherence to confidentiality in writing.

3. The KBM Specialist Office records the results of the case conference.

4. It may delegate the management of the case conference to another authority.

1. This ordinance shall come into force on July 1, 2005. Simultaneously, the Service and Organization Regulations of the Cantonal Police dated August 24, 1987, and the Recruitment and Promotion Regulations of the Cantonal Police of Graubünden dated October 27, 1998, are hereby repealed.