Detainee Protocols and Standards

• Establishes procedures for making arrests within the Jacksonville Sheriff's Office (JSO)

Arrest Definitions

• Arrest Warrant: A judge's order for arrest based on probable cause before the State Attorney's Office (SAO) makes a filing decision
• Arrestee: An individual placed under physical arrest
• Capias: A judge's order for arrest after a case has been formally filed with the Clerk of Court by the SAO
• Detainee: An individual held based on reasonable suspicion or probable cause
• eWarrants: An electronic program used by the JSO to request, store, and execute local arrest warrants and capiases
• Field Release: Releasing a suspect after issuing a Notice to Appear (NTA)
• Misdemeanor Summons: A summons issued by the Clerk of Court for an at-large defendant to appear in court for misdemeanor or municipal violations filed by the SAO; it isn't an arrest and the defendant isn't incarcerated
• Notice to Appear (NTA): A criminal citation issued to a suspect by an officer instead of incarceration
• Physical Arrest: Taking a suspect into custody based on probable cause to book them into the Pretrial Detention Facility (PDF)
• Probable Cause for Warrantless Arrest: The legal standard met when the totality of facts and circumstances known to the officer, of which he has reasonably trustworthy information, is strong enough to support a reasonable belief that the suspect committed or attempted a crime
• Reasonable Suspicion: Articulating specific facts that would lead a reasonable person to infer that an individual has committed, is committing, or is about to commit a crime; it is lower than probable cause but more than a mere hunch
• Writ of Attachment: A judge's order directing a sheriff or official to bring a person found guilty of contempt of court before the court

Arrest Authority/Officer Discretion

• JSO police officers, as municipal police and deputy sheriffs, have full police authority to make arrests and execute legal processes in Duval County
• JSO dual-certified officers (DCOs) are corrections officers with active law enforcement certification, allowing them to make arrests and execute legal process in JSO facilities or designated areas
• JSO judicial officers are sworn bailiffs with jurisdiction granted by the Sheriff to make arrests and execute legal processes within the Duval County Courthouse
• JSO corrections officers (detention deputies) are deputy sheriffs with limited authority to serve and execute warrants/capiases on current inmates within JSO facilities; probable cause arrests are prohibited, except by DCOs; does not grant authority outside JSO facilities
• An officer can arrest an individual with probable cause, an arrest warrant, capias, or court order
• Officers dispatched to a violent felony or high-risk criminal call must notify their supervisor, who then ensures the watch commander is notified before contact attempts
• Alternatives to physical arrest for minor offenses include a warning, NTA, SAO Referral Card (Form P-0719), criminal traffic citation, Juvenile Civil Citation, or involuntary admission via the Baker/Marchman Act
• Physical arrests should be made when permitted by Florida State Statutes (F.S.S.) 901.15 and 812.015(4), or by seeking an arrest warrant according to Order 302

Arrests in Residences

• Requires a search warrant to enter a third-party residence to search for a suspect without consent or exigent circumstances; officers must consult with their supervisor if unsure about needing a warrant
• Arrest warrants are generally required to arrest a suspect in their residence, unless:
  • Immediate arrest is critical for someone's protection, and delays will risk innocent lives
  • Immediate arrest is needed to stop the suspect from fleeing
  • Entry was lawful to prevent evidence destruction, and the arrest follows
  • The officer is in fresh pursuit, and delays will risk safety or allow escape
  • The crime was committed in the officer's presence in a legally entered residence
  • Probable cause develops after legal entry, and a warrant would be obtained for a previous offense
  • An adult resident consents without deception or coercion
  • Arrest is needed to stop an ongoing violation of the law

Arrest Authority Outside Duval County

• JSO police officers can only make arrests outside Duval County under specific conditions:
  • In fresh pursuit of a suspect who committed a felony, misdemeanor, or municipal ordinance violation in Duval County
  • If a felony was committed and the officer has probable cause for the arrest of the suspect who committed the felony
  • If a misdemeanor constituting a breach of peace was committed in the officer's presence
  • If an appropriate agency agreement within Florida grants arrest authority
• JSO has Mutual Aid Agreements (MAAs) with Clay, Nassau, and St. Johns County Sheriff's Offices, allowing officers to arrest suspects in those counties when local law enforcement isn't readily available
• This is permitted when an active arrest warrant or capias exists or when there is probable cause to arrest a suspect for a forcible felony as described in F.S.S. 776.08
• Prior to enforcement in MAA counties, officers must:
  • Notify their supervisor
  • Be readily identifiable as a JSO officer
  • Relay their physical and clothing description to the Communications Center in that county
• When arresting someone in an MAA county for an active warrant or capias, the officer must:
  • Immediately contact the Communications Center within the jurisdiction of the arrest
  • Inform the arrestee of the charges and bond amount
  • Transport the arrestee to that county's jail if they request to post bond there, or to the PDF if there's no bond or no request to post bond in that county
• When locating or detaining a suspect for a forcible felony in one of the MMA counties, the officer should:
  • Immediately contact the Communications Center within the jurisdiction where the suspect was located and inform them of intent to arrest
  • Relay relevant facts to the watch commander in that jurisdiction
  • If approved by the watch commander in that jurisdiction, effect the arrest, transport the arrestee to the PDF, and complete an Arrest & Booking Report
  • If the watch commander in that jurisdiction determines an immediate arrest is not appropriate, notify the appropriate JSO division chief which the chain of command
  • If the JSO division chief makes contact with representatives from that jurisdiction's agency and the arrest of the individual isn't authorized, return to Duval County and get an arrest warrant for the suspect

Orange Park Medical Center Exception

• An officer with probable cause to arrest a suspect admitted to Orange Park Medical Center has the authority to arrest, following procedures for arrests at medical facilities
• If the arrest is approved, the officer should:
  • Contact the CCSO Communications Center and inform them of the arrest
  • Transport the arrestee to the PDF upon release from the medical center
  • Complete an Arrest & Booking Report

Notices to Appear (NTAs)

• Officers must issue an NTA for a misdemeanor or municipal ordinance violation if the violator is eligible and there are no extenuating circumstances and must get supervisory approval to physically arrest an eligible violator, noting the approval
• A violator is NTA-eligible if all criteria are met:
  • The violator is 18 years or older
  • The violator can be identified using a government-issued photo ID or the portable fingerprint scanner
  • The violator is a Florida resident, unless it’s an open container violation
  • The violator agrees to sign the citation and provide a fingerprint
  • There is no risk of continued violence by or against the violator
  • The violator isn't impaired by drugs or alcohol and can assume responsibility
  • There is no warrant for the violator's arrest
  • The violator hasn't been arrested in the last six months
  • The violator hasn't failed to appear in court in the last 12 months pursuant to a court order or NTA
  • The violator doesn't have a prior petit theft conviction if the offense is petit theft
  • The offense isn't a criminal traffic infraction
  • The offense isn't Cruelty to animals
  • The offense isn't Domestic violence or dating violence
  • The offense isn't Exposure of sexual organs
  • The offense isn't Prostitution
  • The offense isn't Resisting without violence
  • The offense isn't Stalking
  • The offense isn't a Violation of an Injunction for Protection
  • To determine if a violator meets the NTA eligibility requirements, officers must contact the Identification Unit and request an "NTA eligibility check" and shall obtain the employee identification number of the Identification Unit member who performed the check
• Officers issuing an NTA must:
  • Fill it out as completely as possible
  • List up to two criminal offenses
  • Enter the suspect's email address at the start of the narrative, if available
  • For violations at a business, enter the business name and address at the start of the narrative and ensure the violator leaves
  • Not include victim information protected by Marsy's Law, writing "Protected Information" in the victim section
  • Ensure a legible fingerprint is rolled on all copies of the citation, using the right thumb, or left thumb if the right is unusable, or the right index finger, indicating which finger was used
  • Advise the violator to bring their copy to the Clerk of Court Office within 10 working days, explaining that failure to report will result in an arrest warrant
• Before the end of the shift, the issuing officer must submit the white and green copies to a supervisor for review, signature, and proper submission
• Officers retain pink copies of NTAs for 180 days post-issuance before purging and the issuing officer must complete an Offense Report to document the issuance of any NTA before the end of the shift

Physical Arrests

• When making a physical arrest, officers must:
  • Remain mindful of officer safety and request assistance when there is potential risk
  • Take precautions against blood-borne and airborne pathogens as outlined in Order 531
  • Use only the minimum force necessary to effect the arrest, protect others, protect themselves, and prevent potential escape
  • Restrain the arrestee per Order 553, unless a supervisor grants an exception
  • Search the arrestee per procedures outlined in this order
  • Secure all weapons and evidence and search nearby areas for discarded evidence
  • Ensure any injured arrestee gets medical treatment quickly
• Provide reasonable accommodations for arrestees with impairments or language barriers as per Order 504
• Advise arrestees of their Constitutional Rights before questioning, unless a detective directs otherwise; if no government-issued ID is present they should use the portable fingerprint scanner
• Conduct searches of NCIC/FCIC and eWarrants databases for active warrants/injunctions, verifying and serving them before PDF booking
• Not transport the arrestee to the Property & Evidence Facility
• Provide the PDF Intake Control Officer with all required paper support documents (e.g., teletypes, warrant printouts, warrant served notifications, etc.)
• All arrestees must be searched using JSO Training Academy techniques and must be searched before being placed in any vehicle, holding room, or interview room and upon transfer of custody
• Arrestees should be searched discreetly by an officer of the same gender when available, or with a witness officer/supervisor present
• Strip searches must be conducted by corrections officers, and body cavity searches by designated medical personnel, in accordance with Order 612
• If a located item during a search has a serialized number and appears to belong to another individual, the officer should search NCIC/FCIC and Master Name Index (MNI) databases to identify the owner and determine if the item was reported lost or stolen
• The disposition of the item must be documented in the narrative of the Arrest & Booking Report
  • If the item is listed as stolen, conduct a follow-up investigation
  • If ownership is verified and the owner agrees, allow the arrestee to keep the item; DOC personnel must not seize the item
  • If ownership can be verified but the owner doesn't want the arrestee to keep the item, release it to the owner with a Form P-0214 (Signature Form) or submit it to the Property & Evidence Facility as found property

Arrest & Booking Reports regarding arrestees

• A separate Arrest & Booking Report is required for each arrestee and for each separate case number, unless the charges are all from local capiases issued by the same Court division
• The arresting officer must ensure the Arrest & Booking Report is thorough, accurate, written neutrally, and contains the elements of each criminal and traffic offense with probable cause established
• Charges on an Arrest & Booking Report must be listed in descending order of severity: Felony charges, Misdemeanor charges and Civil traffic infractions related to the case, including the Uniform Traffic Citation (UTC) number
• Arrest & Booking Reports completed by JSO members must have supervisor approval to ensure reports are complete and documents the proper cause for each charge
• Self-approval of Arrest & Booking Reports by JSO members is prohibited
• Arrest & Booking Reports completed by officers from other agencies (e.g., Florida Highway Patrol, Atlantic Beach Police Department, bail bond agencies, etc.) for arrestees being booked into the PDF are responsible for having the content of those reports approved by their agency's personnel and JSO members have no authority over the content of their reports
• The arresting or transporting officer listed on the Arrest & Booking Report must sign that report in the presence of a certified law enforcement or corrections officer before the arrestee in admitted to the PDF
• In addition to the Arrest & Booking Report, the arresting officer shall also complete an Offense Report to document an arrest with exceptions of Arrest warrant from other jurisdiction (complete an Information Report instead), Bond revocation, Capias, Courtroom charge, Failures to appear, Fugitive from justice (complete an Information Report instead), Immigration and Customs Enforcement (ICE) hold, In-transit hold, Violations of probation and Writs of attachment

Habitual/Violent offenders

• In accordance with F.S.S. 775.084 and 985.475, certain arrestees may be classified as habitual or violent offenders and may face enhanced sentencing guidelines
• All felony arrests in Duval County are reviewed by the SAO to identify any arrestee that should be classified as a habitual or violent offender
• Following the arrest of a suspect, the arresting officer shall ensure that the victim or /victim's family is notified of the arrest and provided with all relevant information regarding victim/witness services

Detective Notifications

• For Category B or C cases Officers must refer to order 210 to determine if any detective notification is required
• When a suspect is to be interviewed by a detective, the detective (not the arresting officer) shall read him/her Rights unless the assigned detective directs the officer differently with direction from detective
• Officers should not discourage the arrestee from talking about a case and when an arrestee makes unsolicited statements related to a case, officers should Document the statements, including any invocation of his/her right to remain silent or to counsel, as direct quotes in the narrative of the appropriate report, Record the statements on a handheld recording device, if feasible and Relay the statements to the detective prior to the arrestee being interviewed
• When an arrestee is transported to the Police Memorial Building (PMB) for the purpose of being interviewed by a detective, the transporting officer shall remain with the arrestee until the detective advises the officer he can return to duty

Serving Local Arrest Warrants and Capiases

• Officers should first attempt to gain voluntary compliance from the suspect and if voluntary compliance is not possible or feasible, the officer shall confer with his supervisor to consider alternative methods, such as covert surveillance, the use of a ruse, or the involvement of the suspect's family
• After an arrestee is detained, all outstanding arrest warrants and capiases must be validated by the Identification Unit via radio and, shall select "Validate" in eWarrants, along with the relevant status: Original (“Served Notification” document will not be printed at the PDF) or Electronic (“Served Notification” document will be printed at the PDF)
• When completing an Arrest & Booking Report for a local arrest warrant, the arresting officer shall Use the Central Communication Report (CCR) number from the arrest warrant, and must include the verbatim narrative from the arrest warrant Not from incident report in the narrative section
• The Status of all local warrants need to be updated immediately

Serving Arrest Warrants and Capiases from Other Jurisdictions

• To arrest an individual for an arrest warrant from another jurisdiction, you must be in possession of the warrant or teletype showing: name, description, warrant number, charge, and bond amount.
• When serving an arrest warrant from another Florida jurisdiction show “Out of County Warrant”, and for an out of state jurisdiction, the charge is “Fugitive from Justice”.

Privileges and Immunities

• Foreign personnels with a DOS identification card can't be arrested for a traffic violation, only issued a citation
• Foreign nationals have the right to contact their consulate without delay
• U.S. senators and representatives are free from arrest unless due to felony, treason, and breach of peace.
• US drivers can only be taken into custody for felonies, violent misdemeneors

Holding Rooms

• Holding rooms are secure and must be security proof to prevent escape
• Rooms must be well lit, ventilated, and have signage to call for assistance
• The JSO rooms are located at TIAA Field Stadium Security Office
• Before detaining a suspect, they must be searched, supervised, and separated by sex
• all rooms must be inspected annually, and affected agents must be trained on use
• Detainees must be advised to call for assistance as needed
• Emergency equipment may be deployed as necessary
• constant supervision is required, every 15-10 mins
• No adult in holding room with juvenile

Arrests of Individuals Requiring Medical Attention

• JFRD will evaluate, treat and transport arrestee, if hospitalization still required, can use UF Jax. And will notify department director.
• medical clearance needed for hospitalization or PDF stay
• Absentee Booking at Hospitals [CALEA 70.3.2]*
• if hospitalization occurs, notify contact security
• sign paper work
• deliver P-0302 reports
• document, reasons, injuries, and hospital locations

Arrests of Intoxicated Individuals

• With ADULTS, officers must confirm that they have received treatment and transport them
• YOUTHS must receive treatment and transportation per UF H & S or Absentee booking

Arrests of Juveniles

• Youths receive the same consideration under the CON. as Adults
• Officers must secure the youth and notify parentels
• name checks and records
• Youth can be detained if in home situation, but only for
• ciruit court orders
• failing to appear at hearing
• violing probation or community service

Arrests of Mentally ill Individuals

• officers must make the arrests and
• Transport them to UF H and S
• Fill records an all reports with info
• Notify intake control officer

Arrests at Courthouse

• Coordinate with security officer and notify judge depending on the severity of the case
• Transportation with the usual detainee forms and procedure.

Probation Violation Arrests

• officers can effect a warrantless arrest if an individual: -commits a crime
  • knowingly associates with gang members or any involved in crime
  • or possessing fire arms ammunition
  • possessing alcohol
  • or not abiding by imposed curfew

Violations of Dancing or entertainment ordinances

• contact commanding officer of the force.

Summary of regulations for handling adult and juvenile detainees, including observation frequencies, secure custody protocols, holding room procedures, documentation requirements, and handling of detainee property. Addresses detainee safety, investigation protocols, and property management.