Aurora Police Department Directives Manual - Release or Jailing of Arrested Persons PDF

AURORA POLICE DEPARTMENT DIRECTIVES MANUAL EFFECTIVE: 6.3 SUBJECT: REVISED: September 1, 1998 January 3rd, 2015 _____________________________________________________ Terry Jones, Chief of Police RELEASE OR JAILING OF ARRESTED PERSONS REFERENCES: REVIEW: 6.3 PAGE: 1 of 3 RELEASE OR JAILING OF ARRESTE...

AURORA POLICE DEPARTMENT DIRECTIVES MANUAL EFFECTIVE: 6.3 SUBJECT: REVISED: September 1, 1998 January 3rd, 2015 _____________________________________________________ Terry Jones, Chief of Police RELEASE OR JAILING OF ARRESTED PERSONS REFERENCES: REVIEW: 6.3 PAGE: 1 of 3 RELEASE OR JAILING OF ARRESTED PERSONS The use of discretion will apply when sworn members of this Department are faced with a situation where discretion can be exercised. The officer must evaluate the circumstances, consider available resources and rely on his/her training, department procedures, statutory law and supervision in making the appropriate decision. In dealing with each situation, the decision should be the least restrictive that still accomplishes the intent of the law, is in accordance with department policy, and does not compromise an officer's safety. Officers will be held strictly accountable for their actions in these circumstances. The limits of discretion for sworn personnel are defined by: 6.3.1 (a) Various federal and state laws, city ordinances and case law. (b) Department procedures. (c) The rank and responsibility held by the officer. Pretrial Release of Arrested Persons In most circumstances, persons arrested for municipal ordinance violations; misdemeanors or traffic charges should not be incarcerated. Every effort should be made to release an arrested person on a summons or by court sanctioned bonding procedures. 6.3.2 Considerations for Prisoners Incarceration The following conditions may require bond or incarceration: (a) Prisoners arrested for felonies. (b) Prisoners with outstanding warrants from other jurisdictions. (c) Prisoners who have a history of failure to appear warrants. Directive Manual (Revised: 01-03-2015) 6.3 RELEASE OR JAILING OF ARRESTED PERSONS 6.3.3 Page 2 of 3 (d) Prisoners who expressly state they will not appear in court. (e) Prisoners who cannot produce sufficient identification and/or a local address. (f) Prisoners who refuse processing by Aurora Detention Center personnel. (g) Prisoners who are so intoxicated that immediate release would jeopardize their or another person's welfare or safety. These prisoners may be released to Detox on a summons. Incarceration Notification of Out-of-State/Incoherent Detainees In cases involving the arrest and/or incarceration of a detainee who is incoherent, incapacitated or unable to notify a family member, next of kin or a friend, the arresting officer will: (a) Attempt to obtain the detainees name, address and phone number. (b) Attempt to contact a family member, next of kin or a friend. (c) Advise the person contacted the detainee is in the Aurora Detention Center. Throughout the booking process, the arresting officer will keep trying to contact the detainee's family, next of kin or a friend. If the officer makes contact with someone, it will be noted in the report, including the name of the party contacted, relationship of the party, address and telephone number. If the arresting officer does not make contact with anyone during the booking process, the contact attempts will be documented in the in the General Offense report and passed on to Aurora Detention Center personnel. If a detainee does not speak English or otherwise cannot communicate (e.g., deaf-mute), the arresting officer will attempt to find a communicator through the on-file list of department employees who have skills in other languages. This list is located in the CAD System. If a departmental employee with the required language skill (translator) is on duty, the arresting officer should request the translator make personal contact with the detainee to attempt to resolve the communication barrier. If the departmental employee translator is off-duty, the arresting officer will, at a minimum, attempt to arrange for telephone contact between the detainee and translator to attempt to resolve the communication barrier. If there is no departmental employee translator available to communicate with the detainee, the arresting officer should attempt to locate an individual with the requisite Directive Manual (Revised: 01-03-2015) 6.3 RELEASE OR JAILING OF ARRESTED PERSONS Page 3 of 3 language. A list of volunteers for specific languages will be maintained by the Department and are available in the Patrol Commander’s Office. 6.3.4 Outside Jurisdiction Warrants All outside jurisdiction warrants which come into the Aurora Police Department by mail, will be forwarded to the appropriate Patrol Commander’s office for distribution to the correct beat or area in an attempt to pick up the subject. Officers will attempt pick up and act on all official notifications from other agencies and on information from the computer (MDC) regarding wanted subjects. Officers should confirm all warrants through the Records Unit before transporting a subject to a detention facility. If there should be a lengthy delay in confirmation or exceptional circumstances exist, the subject may be brought to the Municipal Justice Center for confirmation. When a confirmation is obtained, it will be included in the report. Whenever a confirmation cannot be obtained, the attempts made will also be included in the report. Per the Aurora Detention Center Standard Operating Procedures, the Detention Center will not accept a detainee without a confirmation of the warrant. Detainees may be held on any additional charges for bonding, if required, but not on unconfirmed warrants alone. 6.3.5 Mass Arrest Situations Mass arrest situations will be handled according to Department Directive 6.2 - Mass Arrest.