Broward Sheriff's Office Temporary Detention Procedures PDF

BROWARD SHERIFF'S OFFICE DEPARTMENT OF LAW ENFORCEMENT STANDARD OPERATING PROCEDURES 11.0 TEMPORARY DETENTION 11.1 GENERAL: Arrested adult detainees will be transported either directly to the Department of Detention...

BROWARD SHERIFF'S OFFICE DEPARTMENT OF LAW ENFORCEMENT STANDARD OPERATING PROCEDURES 11.0 TEMPORARY DETENTION 11.1 GENERAL: Arrested adult detainees will be transported either directly to the Department of Detention’s main or satellite booking or to a temporary detention area. Detainees of the opposite sex/gender identity/gender expression will be separated within the designated temporary detention area. The temporary detention of juveniles will be conducted in accordance with the procedures as outlined in the DLE SOP. The following procedure will be used when an adult detainee is taken to a temporary detention area. 11.2 DEFINITIONS A. TEMPORARY DETENTION AREA - A cell, room, space, or other area located within a BSO, district office, or facility, designated for the temporary detention of detainees for questioning, testing, and processing. B. TEMPORARY DETENTION - Detention of a person for the purpose of questioning, processing, or testing (e.g., BAT testing). Temporary detention is measured in hours and does not involve the housing or feeding of detainees, except in extenuating circumstances. C. PROCESSING - Includes pre-booking activities (e.g., completing the Probable Cause Affidavit) involving detainees in custody, after which detainees will be escorted to a Department of Detention facility, where they will be booked. 11.3 DESIGNATED TEMPORARY DETENTION AREAS A. All detainees who are not transported directly to the custody of the Department of Detention can be transported to a temporary detention area at a BSO district office or other BSO facility. At each district or BSO facility that does not have a temporary detention area to secure, test, and process an arrested individual, the district captain or BSO facility supervisor will designate a specific room or area within that facility for use as a temporary detention area. B. Each deputy who arrests an individual and transports that detainee to the district office or BSO facility will be responsible for the supervision and accountability in the processing, searching, and temporary detention of the detainee. C. Reasonable physical accommodations and access will be provided for detainees in temporary detention areas in regard to seating, water, restrooms, and other needs. Room temperatures will be maintained within a normal comfort range. The deputy having custody of the detainee will be responsible for providing for the detainee’s other needs as requested. Reviewed: 06/08/2022 Revised: 10/03/2022 Rescinds: 07/23/2021 Effective: 10/30/2022 11.1 – 11.6 Page 1 of 7  BROWARD SHERIFF'S OFFICE DEPARTMENT OF LAW ENFORCEMENT STANDARD OPERATING PROCEDURES 11.4 RESTRAINTS IN TEMPORARY DETENTION A. In accordance with BSO policy, only BSO-authorized restraints will be used to restrain a detainee. These include: 1. Standard police handcuffs 2. Leg irons 3. Restraining belts 4. Flex cuffs 5. Leg braces 6. Stun belts a. Stun belts can only be used by BSO deputies who have received specialized training in their usage. B. If a detainee is restrained to a fixed object, that fixed object must be specifically designed for that purpose, e.g. a bar or ring to which a handcuff or leg iron can be secured. 11.5 SECURITY, SUPERVISION, AND DOCUMENTATION A. The following time restrictions, levels of supervision, and documentation will apply to those individuals detained in a temporary detention area: 1. All temporary detention/holding areas will be thoroughly searched for weapons, contraband, damage to equipment, or evidence prior to and after use. [CFA 22.03 D] 2. Prior to being placed in a Temporary Detention Area each detainee will be thoroughly searched and an itemized inventory will be completed for all property seized. All items seized must be stored in a secured area. [CFA 22.04 A, B] 3. A deputy placing a detainee into a temporary detention/holding area will be responsible for the care, custody, and control of the detainee. 4. The deputy will ensure that the doors to the temporary Detention/Holding Reviewed: 06/08/2022 Revised: 10/03/2022 Rescinds: 07/23/2021 Effective: 10/30/2022 11.1 – 11.6 Page 2 of 7  BROWARD SHERIFF'S OFFICE DEPARTMENT OF LAW ENFORCEMENT STANDARD OPERATING PROCEDURES area are locked and secured. [CFA 22.03 C] 5. Deputies supervising prisoners/detainees in a Temporary Detention/Holding Area that are of the opposite sex will ensure that their BWC remains activated. [CFA 22.05 C] 6. Documented physical observation of all adult detainees will be completed at least every 15 minutes. Deputies making observation checks will document all checks on the Adult / Juvenile Temporary Detention Observation Log (BSO RP#98). [CFA 22.05 A] 7. Documented physical observation checks will be conducted at least every 10 minutes for all juvenile detainees. Deputies making observation checks will document all checks on the Adult / Juvenile Temporary Detention Observation Log (BSO RP#98). [CFA 22.05 B] 8. Audio and/or video monitoring devices are intended as supplemental monitoring of a temporarily unattended detainee but cannot be used in place of face-to-face observations. 9. Deputies shall only enter an occupied temporary detention area to remove a detainee for booking purposes, to conduct an interview, for transportation purposes, or to provide emergency services. Deputies shall have their portable radios with them for use in an emergency. Fire Rescue personnel may also be permitted access to the holding area in emergency situations. [CFA 22.03 B] 10. Detainees will not be held in a temporary detention area longer than is necessary. B. The deputy having custody of a detainee in a temporary detention area will record the following information on the Adult/Juvenile Temporary Detention Observation Log: 1. Date 2. Detainee's name 3. Case number 4. Charges Reviewed: 06/08/2022 Revised: 10/03/2022 Rescinds: 07/23/2021 Effective: 10/30/2022 11.1 – 11.6 Page 3 of 7  BROWARD SHERIFF'S OFFICE DEPARTMENT OF LAW ENFORCEMENT STANDARD OPERATING PROCEDURES 5. Time of detainee's arrival at and departure from the temporary detention area 6. Security checks will be at least 15 minutes for adult detainees and at least 10 minutes for juvenile detainees. 7. Any unusual behavior or activity of the detainee 8. Meals served to the detainee if any 9. Any other relevant information C. The shift supervisor or designee will ensure that the Adult / Juvenile Temporary Detention Observation Log is maintained according to policy and that the temporary detention area First Aid Kit is replenished as necessary. 1. The temporary detention area first aid kits will be checked during a monthly inspection which is conducted by the shift supervisor or designee. The kit will be inspected to ensure that the seal has not been compromised. The shift supervisor or designee conducting the inspection will sign the label affixed to the front of the first aid kit. 2. If the seal has been broken, it is the shift supervisor or designee’s responsibility to ensure that the first aid kit is replenished or replaced. [CFA 22.13] D. At least weekly, each district/division captain or designee will inspect the temporary detention area to ensure that adequate sanitation and safety measures are available and in proper working order, including all locks, lighting, and other security devices. The inspection will be documented on the Temporary Detention Inspection Log (BSO RP#97) by the district/division captain, or designee. If there is a deficiency noted, immediate steps will be taken to correct the deficiency. The deficiency correction will be documented on the Temporary Detention Inspection Log by the district/division captain, or designee. NOTE: The Adult / Juvenile Temporary Detention Observation Log and Temporary Detention Inspection Log files will be maintained and stored within the District / Division. E. Each district or BSO facility with a temporary detention area will have a plan for fire prevention, fire evacuation, and fire suppression. Reviewed: 06/08/2022 Revised: 10/03/2022 Rescinds: 07/23/2021 Effective: 10/30/2022 11.1 – 11.6 Page 4 of 7  BROWARD SHERIFF'S OFFICE DEPARTMENT OF LAW ENFORCEMENT STANDARD OPERATING PROCEDURES F. If an employee observes an emergency in the temporary detention area (i.e., fire, medical, security, safety or any other type of emergency) during the face-to-face visual check or electronic observation, the employee will assess the situation, contact Regional Communications for appropriate assistance, take any life- preserving actions that are necessary, and ensure the safety of the arrestee and any other persons in the immediate vicinity. G. The following security precautions will take place when processing detainees at a temporary detention area: 1. No firearms shall be taken into the holding area. Firearms are to be secured prior to entering the holding area in the lockboxes located in the area. Less- lethal weapons are permitted in holding areas. [CFA 23.03 A] 2. Deputies will carry their BSO-issued radios while in temporary detention/holding areas and will notify Communications when they are taking a detainee into a temporary detention area. If there is a duress situation, deputies will use the duress button on their assigned portable radios to alert the dispatcher of the situation. Dispatchers will immediately dispatch units to assist the deputy under duress. [CFA 23.03 E, F] 3. Access to the detainee and the temporary detention area will be controlled at all times. Additional deputies can be used to assist with controlling the detainee if needed. 4. All detainees will be physically controlled and visually monitored to prevent escape. 5. All detainees will be searched in accordance with BSO policy. 6. Absent exigent circumstances, no more than three detainees will be placed in a holding cell at any time. a. If an arrest is made which exceeds the maximum capacity of the holding area, detainees/prisoners will be transported directly to the detention facility. b. If a mass arrest is made as a by-product of a civil disturbance or pre- planned event, the DLE Incident Commander will coordinate with Department of Detention (DOD) personnel in accordance with DOD SOP Section 06-07. Mobilization and deployment of DOD personnel with support staff will respond to the designated command location in Reviewed: 06/08/2022 Revised: 10/03/2022 Rescinds: 07/23/2021 Effective: 10/30/2022 11.1 – 11.6 Page 5 of 7  BROWARD SHERIFF'S OFFICE DEPARTMENT OF LAW ENFORCEMENT STANDARD OPERATING PROCEDURES order to effect remote booking, temporary secure detention, transportation, and subsequent housing of new arrests. [CFA 22.14] H. Employees charged with monitoring temporarily detained individuals in a temporary detention area will receive training on the use of the temporary detention room/area(s), including fire suppression techniques and the use of fire suppression and safety equipment. Supervisors will periodically review these procedures on temporary detention and fire suppression during roll-call training. [CFA 22.12] I. Video equipment installed in any Temporary Detention/Holding area will be placed in a location to ensure a detainee's restroom privacy. [CFA 22.06 A] 11.6 MEDICAL AND HEALTH CARE [CFA 22.10] A. No detainee/prisoner under the influence of alcohol or drugs, violent, or self- destructive shall be placed in the holding area. The detainee/prisoner shall be transported directly to the Detention Facility for processing or transported to a medical facility. B. No prisoner/detainee who is suffering from an apparent illness or injury shall be placed in the holding area if such placement would be detrimental to the medical safety of the detainee/prisoner. The prisoner/detainee shall be transported directly to the medical facility for medical clearance prior to being formally booked. Injured or ill prisoners/detainees will be placed in a holding area separate from other prisoners/detainees. C. To ensure that a detainee/prisoner in need of medical assistance will receive prompt emergency assistance, the following shall be adhered to: 1. All deputies will be familiar with the location and contents of the First Aid kits and Personal Protection Equipment (PPE) equipment in their work area. 2. All deputies will know the proper procedure for initiating a 9-1-1 Fire Rescue/Ambulance response. Reviewed: 06/08/2022 Revised: 10/03/2022 Rescinds: 07/23/2021 Effective: 10/30/2022 11.1 – 11.6 Page 6 of 7  BROWARD SHERIFF'S OFFICE DEPARTMENT OF LAW ENFORCEMENT STANDARD OPERATING PROCEDURES NOTICE This Standard Operating Procedures manual is considered law enforcement sensitive and contains certain information that is exempt under Florida Public Records Law. Outside or public requests for information from this Standard Operating Procedures manual must be directed to the Office of the General Counsel for review and redaction, if necessary, prior to disclosure. Reviewed: 06/08/2022 Revised: 10/03/2022 Rescinds: 07/23/2021 Effective: 10/30/2022 11.1 – 11.6 Page 7 of 7