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HomeMy WebLinkAboutHOLDING CELLS 18 4C TEQUESTA POLICE DEPARTMENT GENERAL ORDER TITLE: HOLDING CELLS GENERAL ORDER: 18.4C EFFECTIVE: April 9, 2004 REPLACES: 18.4B PAGES: 8 CONTENTS: This order consists of the following numbered sections: I. HOLDING CELLS II. CELL USAGE III. INTERVIEW ROOMS IV. RESPONSIBILITY, GUIDELINES AND PROCEDURES V. CLEANLINESS VI. MEDICAL VII. DEATH VIII. ESCAPE IX. EVACUATIONS X. SEARCH OF PRISONERS XI. PRISONER SECURITY XII. JUVENILES XIII. DETENTION FACILITY CAPACITY XIV. MEDICAL – “MEDIC ALERT” SYSTEM XV. UNUSUAL OCCURRENCE XVI. GLOSSARY POLICY: It is the policy of the Tequesta Police Department to provide holding cells to maintain custody of arrestees. Additionally, it is the policy of the Tequesta Police Department to provide interview rooms for the processing, questioning, or testing ofindividuals by Department members. PURPOSE : The purpose of this policy is to ensure the safety and security of the public, arrestees, and Department members and to address the physical needs of suspects, arrestees, or prisoners. This policy also addresses the physical conditions and security measures of the designated areas. SCOPE: This order applies to all Police Department members. PROCEDURE : I. HOLDING CELLS: Holding cells refer to two (2) lockable cells located in the prisoner processing area.These cells are used for thetemporary, short-term detention ofarrestees, who may be juveniles or adults, for processing. G.O. 18.4C A . All persons held in the holding cells shall be under continuous observation and control. The custodial officer is responsible for the continual observation and control of the arrestee until he is relieved by another Department member. B . As the holding cells are limited to that of a prisoner processing facility, no prisoner shall remain within custody for a time exceeding that which it would take to process or interview such prisoner. C. As soon as processing or the interview is completed, the prisoner will be issued a Notice to Appear, be transferred to the jail facility for booking or released, whichever is appropriate. At no time will a prisoner be held in the Holding Cell more than six (6) hours. D. Induction Into Holding Cell Area: The holding cell/prisoner processing area is located within the Tequesta Police Department. Prisoner entry into this area will be made via the sally port located at the northeast entrance to the building. Prisoners placed in the holding cells are to remain handcuffed at the discretion of the arresting officer. Once the prisoner(s) is (are) secured in the holding cell, the cell security door will be closed and locked. Prisoners in the holding cell must be under continuous observation and control. The booking and processing area will be equipped with: computer, forms, property envelopes, holding cell keys, telephone and is in immediate view of prisoners in the holding cells. If a prisoner is to be removed from a holding cell by an officer for interview purposes, the prisoner will be removed in handcuffs and remain cuffed until placed in an interview room. The care, continued observation, and control of the arrestee are the responsibilities of the custodial officer. If a Notice to Appear is to be issued, the arresting officer will issue the Notice to Appear within the holding area, then escort the released prisoner out of the building for release. II. CELL USAGE: A. At no time will male prisoners be placed in cells with female prisoners. B. At no time will adult prisoners be placed in cells with juvenile prisoners. C. During detention, males, females and/or juveniles shall not be held within sight or sound of each other, as defined in the glossary. This shall not preclude an officer from processing a prisoner and then escorting him/her to an appropriate interview/interrogation room. D. Before a prisoner is placed inside a cell, a complete search of the prisoner shall be conducted. All property taken from the prisoner will be inventoried on a Property/Evidence Receipt. The personal property shall then be placed in a secure storage location. All personal property taken from the prisoner will be transferred to the transporting officer, if other than the arresting officer, and documented on the Property/Evidence Receipt. Personal property consists of, but not limited to, jewelry, belts, scarves, wallets, writing instruments, lighters, shoes, etc. In addition, prior to and after use, the holding area will be checked for weapons, contraband, and damaged equipment. If any weapons, contraband, or damaged equipment is discovered it shall be noted in the narrative of the offense/incident report and immediately brought to the attention of the shift supervisor. E. Arresting officers will place prisoners inside a holding cell and secure the cell door. At no time will a prisoner be secured to an immovable object not designed or intended for such use. F. There will be "NO SMOKING" inside a holding cell. G. All prisoners will be listed on logs outside the holding cell. H. The keys for the holding cells shall not be removed from the prisoner processing area. 2 G.O. 18.4C I. Only member’s involved in, or assisting members involved with processing, questioning or testing are authorized access to occupied holding areas. J. No culinary equipment/tools will be allowed into the facility. Any repairs requiring the use of tools will be coordinated through the on-duty supervisor; prior to re-opening the facility it will be inspected by the on-duty supervisor. III. INTERVIEW ROOMS: A. Definition: There are two (2) interview rooms. One (1) interview room is located in the prisoner processing area. This room is adjacent to, but apart from, the holding cells. The room is secured and equipped with detention security locks. The second interview room is located adjacent to the CID section. B. These rooms allow suspects, arrestees, or prisoners to be secured for processing, questioning, or testing. C. Only members involved in, or assisting members involved with, processing, questioning or testing are authorized access to occupied interview rooms. D. At no time will male prisoners be placed in interview rooms with female prisoners. E. At no time will adult prisoners be placed in interview rooms with juvenile prisoners. F . During detention, juveniles shall not be held within sight or sound of an adult detainee. IV. RESPONSIBILITY, GUIDELINES AND PROCEDURES: A. The custodial officer will be responsible for the safety, care, and escape prevention of all individuals brought into the interview rooms, holding cells, and the adjacent areas. B. Officers bringing prisoners into the processing area will secure all weapons which would include all firearms, impact weapons, and knives or other cutting devices before entry. The only exception would be Department issued chemical spray. Lock boxes, located in the sally port and patrol room, are provided for the control of weapons. C. Arresting officers will be responsible for the completion of the appropriate paperwork relating to the processing of all prisoners within the prisoner processing area. D. Custodial officers will be responsible for persons confined within the prisoner processing area and interview rooms including during an emergency and/or unusual situation. V. CLEANLINESS: Janitorial personnel shall insure that the holding cells or interview rooms are maintained in an orderly manner and kept in a state of cleanliness. The holding cell and interview room area will be cleaned and sanitized as may be required. Officers will notify their supervisor whenever any condition, sanitary or otherwise, exists that could adversely impact upon prisoners or other persons utilizing the area. It is the responsibility of the supervisor to ensure the condition is corrected. If the condition cannot be corrected, the supervisor will report the condition to the Operations Commander. In such cases, the holding cell or interview room will not be used until the adverse condition(s) is corrected. VI. MEDICAL: Any and all injuries that occur to a prisoner while within the prisoner processing area shall be reported immediately to the shift supervisor. A written report will be completed and forwarded to Operations Commander. No prisoner shall be placed in a holding cell or interview room when the 3 G.O. 18.4C custodial officer observes a recent of fresh injury requiring medical attention or the prisoner complains of any injury or illness. Under these circumstances the following steps shall be taken: A. Medical attention will be afforded immediately. B. Tequesta Fire/Rescue will be summoned immediately. C . If the paramedic determines that transportation is necessary, the prisoner will be transported to an emergency room. An officer will accompany the prisoner to the hospital. D. If the prisoner is under the influence of drugs or alcohol or becomes self-destructive or violent, the prisoner shall be secured and, at the earliest moment, removed to a jail or medical facility as required. Self-destructive or violent prisoners shall not be kept in the holding cell beyond the time it takes to remove them. VII. DEATH: Upon the death of a prisoner while confined in a holding cell or interview room, or a prisoner transported to a medical facility from the holding cell/interview area, notification shall be made immediately as follow A . Immediate supervisor; B. Operations Commander; C. Chief of Police; D. State Attorney’s Office; E. If the death of a prisoner is within the holding cell/interview area, it shall be treated as a crime scene and the area secured. F. The first supervisor on the scene will determine what other units are needed. VIII. ESCAPE: A. When an escape occurs, the highest-ranking officer present shall sound the alarm and/or notify communications immediately. The officer shall assume command until relieved by a higher-ranking officer. B. The officer in charge shall mobilize all available resources to include the assistance of any applicable mutual aid agencies. C. The custodial officer shall IMMEDIATELY report any escapes from the holding/interview area to Communications. D. Following this IMMEDIATE report, the custodial officer shall inform Communications of ALL known information pertaining to the suspect, including name or alleged name, physical description and pending charges. E. The Communications Center shall be responsible for notifying Personnel as requested. F. As soon as possible, the officer in charge shall notify the Operations Commander and/or the Chief of Police. G. Once the escapee is recaptured or determined to have escaped, the member in charge shall ensure that all persons involved in the search and the Communications Center are advised of such, and the search will be discontinued. 4 G.O. 18.4C H . In the event of an escape, the custodial officer shall prepare an offense and/or supplemental report as to the escape of the prisoner and forward a copy to the Operations Commander as soon as possible. Any other involved officer shall also complete a supplemental report and forward a copy to the Operations Commander. I. The report shall take into consideration conditions, which may have led to the escape and actions to be taken to reduce the possibilities of future escapes. IX. EVACUATIONS: A. In case of an emergency evacuation, the decision to evacuate will be made by the custodial officer. B. Emergency assistance for the removal of prisoners from the holding cell/interview area shall be provided by Patrol units. X. SEARCHES OF PRISONERS: A. Custodial officers shall be responsible for conducting a search of every prisoner brought into the holding/interview area. B. Any search of a prisoner shall be conducted by an officer who is of the same gender as the prisoner. C. Searches shall be confined to a careful and complete "pat down" type of search, unless the nature of the offense and/or special conditions dictates. D. “Body-cavity" searches shall not be conducted. XI. PRISONER SECURITY: A. It will be the responsibility of the custodial officer to secure and release his/her own prisoner from the Holding area, verifying the prisoner’s identity through a drivers license of other available means. B. Prisoners placed in interview rooms shall remain handcuffed. The officer may remove the handcuffs from the prisoner if the officer feels it is appropriate and would benefit the investigation. When ANY prisoner is placed in an interview room, a physical check of the prisoner will be conducted every 30 minutes for adults and 15 minutes for juveniles. Suspects, detainees, or prisoners held without continuous supervision should not be held for more than two hours consecutively. C. Custodial officers shall leave no prisoner(s) unattended in the prisoner processing area. D. Custodial officers shall be responsible for the care and custody of all prisoners brought into the holding area. (Refer to other sections in this policy) XII. JUVENILES: A . Arresting and/or transporting officers shall bring only those juvenile prisoners to the holding area that are subject to fingerprinting and photographing. B. Arresting officers shall cause the release of any juvenile prisoner to the appropriate authority as may be required (see Juvenile Procedures policy). C. Juveniles shall be fingerprinted and photographed in the processing area as long as no adult prisoners are present in that area at the time. If an adult prisoner(s) is present, the juvenile prisoner(s) will be placed in a separate room. The arresting officer will stay in the room with the juvenile until all 5 G.O. 18.4C adult prisoners are released or placed in a holding cell or interview room. The juvenile will then be processed accordingly. D . At NO TIME will juvenile prisoners be allowed contact with adult prisoners within the holding area, nor shall they be within the sight or sound of adult prisoners as defined in the glossary. E. When releasing a juvenile prisoner from the holding area, the arresting officer will follow the same procedure as releasing an adult prisoner. F . If parent(s) present at police facility, the juvenile(s) will be escorted to the main lobby and released to parents. G. None of these procedures precludes an officer from processing a juvenile prisoner within the holding area, and then escorting him/her to an appropriate interview/interrogation room. H. Basic prisoner release procedures will be followed. I. Juveniles will be fully restrained (handcuffed) until they arrive in the holding cell area. J. If a juvenile prisoner is unruly, violent, or un-cooperative during arrest or initial induction into the holding area, then such juvenile prisoner will be placed in the holding cell and secured. The arresting officer will remain with the prisoner until ready for release. K. If a custodial officer must vacate the holding area when a juvenile prisoner is present, proper relief will be obtained prior to departing. L . NO juveniles brought to the police facility as subjects of a dependency case, or "status offense" (runaway, truant, incorrigible) will be taken into or through the holding area. M. When ANY juvenile prisoner is placed in an interview room, a physical check of the prisoner will be conducted every 15 minutes. N. A log of all juveniles detained in the holding cells shall be stored and maintained in the booking area. X111. DETENTION FACILITY CAPACITY: Any emergency dealing with Holding capacity or placement of prisoners will be at the direction of the Operations Commander or if unavailable, the senior ranking supervisor. Every effort will be made to coordinate prisoner placement with adjacent/local law enforcement facilities such as Jupiter Police Department, Palm Beach Gardens Police Department, North Palm Beach Police Department, or Palm Beach County Sheriff’s Office. Contact will be made with area law enforcement agencies for assistance in transporting and housing prisoners. All prisoners/detainees will be transported in marked police units and/or Palm Beach County Sheriff’s Office transport service vans. Accounting for prisoner/detainee identification and placement will be the responsibility of the senior ranking officer or the Operations Commander, if available. XIV. MEDICAL - "MEDIC-ALERT" SYSTEM: A. Prisoners who are in the possession of "Medic-Alert" or other type(s) of emergency bracelets and/or necklaces shall be required to surrender them along with their personal property. B . When custody of a prisoner transfers from one officer to another or from an officer to any facility, it is the responsibility of the last custodial officer to brief the next officer or facility. 6 G.O. 18.4C C . A piece of white paper with "Medic-Alert" written on it will be stapled to the arrest report and to the property bag. This will be accomplished PRIOR to the releasing of the prisoner to the county jail. The transporting officer will verbally advise the jail-receiving officer of the prisoner's "Medic-Alert" status. XV. UNUSUAL OCCURRENCE: A. Any situation occurring in the holding area involving equipment failure, unsafe conditions, injuries, escapes, etc. will be reported in writing to the Operations Commander. In the event of an emergency the “Panic Alarm” will be activated notifying communications of such a condition; in addition officers will make every effort to notify communications via radio of the nature of the emergency. B. Signs will be posted, in English and Spanish and in conspicuous locations, instructing prisoners/detainees how to report an emergency to agency personnel. XVI. NONESSENTIAL MEMBER ACCESS: Nonessential members may enter the holding areas, if not occupied, as needed. XVII. HOLDING CELL AREA MONITORING: Holding Cells and the Prisoner Processing Area are monitored through “Continuous Supervision” assisted by the use of electronic surveillance. Four fixed cameras provide visual observation without invading prisoner’s/detainee’s personal privacy. Two monitors are located in Prisoner Processing Area, which assist in Holding Cell monitoring, all four cameras may be monitored in the Communications section, which permit observation of both the Prisoner Processing Area and the Holding Cells. If practical, a sworn member of the same sex should supervise the prisoner. If not practical, sworn members will endeavor to allow a prisoner of the opposite sex privacy when toilet facility is used. When any prisoner is placed in a holding cell, a physical check of the prisoner’s well- being shall be conducted every 30 minutes for adults and 15 minutes for juveniles. This periodic check will be through personal visual contact and not through the use of video equipment. Each observation should be noted in the Observation Log. XVIII. TRAINING: All personnel who utilize the prisoner processing facility will be required to attend an orientation and training program in the use of the facility. Training will include techniques in the use of fire suppression and equipment and will be conducted during the Orientation Phase of FTO training. XIX. FIRE DETECTION & PREVENTION: A. The fire suppression system will be inspected and tested to insure it is proper operation, at a minimum, on a semi-annual basis by a licensed State of Florida Fire Prevention Contractor. In addition Tequesta Fire/rescue will inspect and test all fire equipment to insure that it is operational; these inspections will be conducted on an annual basis in accordance with Village Code. B. Prior to placing a prisoner/detainee into a holding cell, the officer shall inspect the fire detection devices for damage or tampering. Immediately report any damage or tampering to the on duty supervisor. C. If an officer discovers a fire he will immediately notify Communications. In the event of a fire prisoners will be escorted, handcuffed, through the nearest exit and out of the building, than placed in a transport vehicle and transported to a proper facility. 7 G.O. 18.4C XX. GLOSSARY: HOLDING CELL – A detention cell used to temporarily detain a prisoner for processing. INTERVIEW ROOM – A room used to secure a person without constant supervision by a sworn member. CUSTODIAL OFFICER – A sworn officer designated by a shift supervisor to maintain custody of a prisoner. CONTINUOUS SUPERVISION – Direct, personal supervision and control by an agency member who has constructive physical control over a prisoner and can immediately intervene on the behalf of the agency prisoner. Continuous supervision cannot be accomplished from a remote location. SIGHT AND SOUND CONTACT – “Contact” includes any physical or sustained sight or sound contact between male, female, and/or juvenile offenders in a secure custody status, including inmate trustees. “Sight Contact” is defined as clear visual contact between incarcerated male, female, and/or juveniles within close proximity to each other. “Sound Contact” is defined as direct oral communication between incarcerated male, female, and/or juvenile offenders. INDEXING: HOLDING CELL HOLDING AREA BOOKING AREA PRISONER PROCESSING AREA DRAFTED: DJR/April 2, 2004/FILED: Holdcell 18.4C APPROVED: Pete Pitocchelli, Chief Date: November 05, 2011 Tequesta, Florida 8