DM 06.05 - Transportation of Detainees.pdf

AURORA POLICE DEPARTMENT DIRECTIVES MANUAL EFFECTIVE: 6.5 SUBJECT: REVISED: September 1, 1998 March 09, 2012 _____________________________________________________ Daniel J. Oates, Chief of Police TRANSPORTATION OF DETAINEES REFERENCES: CRS 16-3-402 PAGE: 1 of 7 Annual Review 6.5 Tech Services Bureau...

AURORA POLICE DEPARTMENT DIRECTIVES MANUAL EFFECTIVE: 6.5 SUBJECT: REVISED: September 1, 1998 March 09, 2012 _____________________________________________________ Daniel J. Oates, Chief of Police TRANSPORTATION OF DETAINEES REFERENCES: CRS 16-3-402 PAGE: 1 of 7 Annual Review 6.5 Tech Services Bureau Captain TRANSPORTATION OF DETAINEES The primary duty of a member transporting a detainee is the safe delivery of the detainee in their care. 6.5.1 Searching Detainees Before Transport Any member who transports, a detainee who was not searched in that member's presence will, before accepting custody, search that detainee for contraband or possible weapons. 6.5.2 Handcuffing Detainees Whenever a person is taken into custody, they will be handcuffed with their hands behind their back, unless such application of handcuffs is a risk to the detainee's health, the application is physically impossible or a waist chain or similar device is being used. The handcuffs should remain in place until the detainee arrives at the destination. Detainees will not be secured to any objects in holding areas or temporary detention facilities unless the object is designed for that use. A handcuff ring is available in the Aurora Detention Center hard-booking area for the purposes of securing detainees prior to the transfer of the detainee to the in-take holding chute. Under no circumstances will a detainee secured to the handcuff ring be left unattended for any period of time. 6.5.3 Searching Transport Vehicles Before transporting a detainee in a police vehicle, the transporting member will ensure that no contraband or weapons are present in the area the detainee is to occupy. The transporting member will complete a search of the passenger compartment of the transport vehicle prior to securing the detainee with a seatbelt into the vehicle. Directive Manual (Revised: 3-9-2012) 6.5 TRANSPORTATION OF DETAINEES Daniel J. Oates Page 2 of 7 After the transport is completed, the transporting member will search the area in the transport vehicle occupied by the detainee for contraband or weapons. 6.5.4 Transport Vehicles Vehicles primarily used for transporting detainees will have a safety barrier separating the driver from the detainee. Rear interior door handles and window cranks will not be functional. 6.5.5 Transportation in a Caged Vehicle A detainee transported in a caged vehicle should be seat belted in the back seat on the right side. If necessary a member may ride in the back seat to control a potentially violent situation. 6.5.6 Transportation in a Vehicle Without a Cage When practical, detainees will be transported in a caged vehicle. A detainee being transported by one member in a vehicle without a cage will be seat belted in the right front seat. A detainee being transported by two members in a vehicle without a cage will be seat belted in the back seat, right side. One member will ride in the back seat, left side. When two detainees are transported in a vehicle without a cage there must be two members. One detainee will be seat belted in the right front seat and the other in the right back seat. One member will ride in the back seat, left side The detainee to member ratio in a vehicle without a cage will never exceed one to one. Violent or high-risk detainees will not be transported in a vehicle without a cage. Members will keep their firearms from being accessible to the detainees at all times. 6.5.7 Transportation Route The transporting member will use the most expedient route to the appropriate facility or detention center in light of attendant circumstances, e.g., traffic and weather conditions. 6.5.8 Conduct During Transport The transporting member will always be aware of the detainee's location and actions. The detainee will not be left unattended in the transport vehicle. During the transport, the member will maintain as much visual contact with the detainee as safety allows. Directive Manual (Revised: 3-9-2012) 6.5 TRANSPORTATION OF DETAINEES Daniel J. Oates Page 3 of 7 The safety and security of the detainee and the welfare of the public must be considered as a part of the actions taken by the transporting member. Generally, members will not stop to render assistance or become involved in a law enforcement situation during a transport unless confrontation with a particular situation is unavoidable or there is a clear and present risk of serious bodily injury or death to another person. During the transport, a detainee should not be allowed to communicate with other persons unless the transporting member believes it is necessary. Arrangements for bond or attorneys can be made after arrival at the holding facility. If during a long-distance transport it is necessary to stop for a meal, the location for such meal will be selected at random. 6.5.9 Transporting Detainees of the Opposite Sex or Juvenile Detainees When a member is transporting a detainee of the opposite sex or a juvenile, the member will advise the Public Safety Communications Department or add to call notes the required information via the MDC: their current location, destination and vehicle mileage at the beginning of the transport and vehicle mileage upon reaching the destination. 6.5.10 Physically and/or Mentally Disabled Detainees Physically and/or mentally disabled detainees may require some considerations not normally associated with detainee transportation. When dealing with a mentally disabled detainee, members will do, at a minimum, the following: (a) Remove personal property and conduct a thorough search for weapons at the scene. (b) Handcuff behind the back and double-lock the cuffs. (c) Seat belt the subject in the patrol vehicle. (d) Transport in a caged, marked patrol vehicle. (e) Upon arrival at the Aurora Detention Center, remove belt, shoes, coats, etc. and again search for weapons or any items of personal property. Directive Manual (Revised: 3-9-2012) 6.5 TRANSPORTATION OF DETAINEES Daniel J. Oates Page 4 of 7 A detainee’s disability may prevent the use of handcuffs. Soft restraints are an acceptable alternative to handcuffs. Casts, braces, artificial limbs, wheelchairs and crutches should be examined for hidden weapons. 6.5.11 Sick or Injured Detainees Rescue should be called for those detainees who are ill or injured and the illness or injury may be a threat to life, limb or eyesight. Rescue personnel will decide whether the detainee needs additional medical attention. If additional medical attention is required, transportation arrangements will be made at Rescue's recommendation. Non-life, limb or eyesight threatening injuries should be transported directly to the Aurora Detention Center infirmary. If the detainee is transported to a hospital or a medical facility, other than the Aurora Detention Center (ADC), the member will immediately notify the Duty Lieutenant and the ADC Nurse. The Duty Lieutenant will assess if the detainee can be released on a summons or held for bond. If the detainee is transported to a medical facility for treatment, the Sergeant will immediately notify the ADC Nurse, Supervisor or Lead Worker of that fact. In every case of a detainee being transported to a medical facility, the transporting member will complete the Medical Treatment of Prisoner Advisement Form (APD FM 520-675) and include it with the report. The report will be completed regardless if the detainee is released on a summons or held for bond. The Medical Treatment of Prisoner Advisement Form must describe the life, limb or eyesight threatening condition that caused the transport to the hospital or other medical facility. The name(s) of the AFD personnel requiring the transportation will be noted on the form. If AFD is recommending a detainee be transported to the hospital and the detainee’s injuries do not appear to be life, limb, or eyesight threatening, the arresting member should ask AFD personnel why the detainee is not being taken to the Detention Center for treatment. The sworn member will note the AFD response on the Medical Treatment of Prisoner Advisement Form. If the detainee is taken to the hospital by ambulance for treatment, the member will either ride with the detainee inside the ambulance or follow the ambulance in a department vehicle. In determining which procedure to follow, members will consider the requests of ambulance attendants, the violent nature of the detainee, and any evidence to be preserved. In the event a detainee develops a condition requiring medical attention while being transported by a member, the member will ascertain the severity of the condition and do one of the following: (a) Respond to the Aurora Detention Center for medical assistance. Directive Manual (Revised: 3-9-2012) 6.5 TRANSPORTATION OF DETAINEES Daniel J. Oates Page 5 of 7 (b) Stop the transport and call for Rescue personnel. (c) Go to a hospital emergency room (if the condition is life, limb or eyesight threatening). The member's decision should be based upon the severity of the illness or injury, location and the length of time to complete the transportation. Handcuffing procedures will be the same with sick and injured detainees as with other detainees, unless the handcuffs cause the illness or injury to worsen. If handcuffs add to the injury or illness and the risk to the member is minimal, the handcuffs may be removed or an alternative method of securing the detainee may be used. 6.5.12 Security of Detainees at Medical Facilities Any time the need arises to transport a detainee from the Aurora Detention Center to a hospital or medical facility for treatment and/or admission, the on-duty Aurora Detention Center Supervisor must be notified and advised of the reasons. A Patrol Lieutenant or Duty Lieutenant, will review the subject’s condition, charges, and criminal history to determine if the subject should be treated and held for bond or if an on-duty judge should be contacted and a Personal Recognizance bond requested. In the event a detainee must remain hospitalized, the Lieutenant will ensure that a schedule for the necessary security and relief is established. When a member has transported a detainee to a medical facility for treatment, that member, or another specified member, will continually be aware of the detainee's location and will remain in close proximity to the detainee. This can be accomplished by remaining inside the room with the detainee in view, or by waiting directly outside the door of the room that the detainee is occupying, after assuring there are no other escape routes. Handcuffs or other restraining devices may be used to assist in preventing escape or self-inflicted injury. The use of handcuffs does not relieve the member of the requirement to remain in close proximity to the detainee and the responsibility to take appropriate action to prevent the possible escape of the detainee. Visitation of adult detainees held at a medical facility will only be allowed to provide reasonable access to the detainee’s attorney and/or a member of the detainee’s family. Friends and associates have no right to access. Visitation of juvenile detainees held at a medical facility, will only be allowed to provide reasonable access to the juvenile’s attorney and/or the juvenile’s parent or guardians. The parents or guardians may accompany the health care providers into Directive Manual (Revised: 3-9-2012) 6.5 TRANSPORTATION OF DETAINEES Daniel J. Oates Page 6 of 7 the room. Access to the juvenile may be limited to the times medical procedures are being discussed between the providers and the parent/guardian. No time period is specified in statute regarding when a detainee will be allowed to make or receive telephone calls. In addition, statute does not limit the number of calls a detainee may make or receive. Sworn members should make reasonable accommodations for the detainee to make and receive telephone calls. When a detainee is allowed telephone access, the sworn member should dial the number for the detainee. The sworn member will document the time and telephone number dialed for the detainee in a supplemental report. With the exception of privileged conversations with attorneys, the sworn member will monitor conversations other individuals have with the detainee. 6.5.13 Transports There may be special circumstances in which a detainee may need to be transported to a location other than another detention or medical facility. Requests for assistance or support from the Aurora Detention Center will be routed to an on-duty Patrol Lieutenant or designee. A Patrol Lieutenant or Duty Lieutenant will coordinate with the ADC Administrator or designee to ensure adequate support is provided. The Patrol Lieutenant or Duty Lieutenant will brief Department members on procedures for conducting a transport prior to the member contacting the ADC Supervisor or designee. These procedures will vary with each situation and location but should, at a minimum include: (a) Assigning sufficient number of members for security. (b) Specifying with whom the detainee may have verbal or physical contact. 6.5.14 Transporting High-Risk Detainees to Court or Other Facilities In accordance with the Aurora Detention Center SOP, detention personnel are required to inform members of the Police Department of any security risks about a particular detainee that the member is to transport. This includes those detainees who may be suicidal and those believed to be an escape risk. The transporting officer will be able to review these traits as noted by ADC personnel in the Arrest/Booking report narrative. This report will accompany the detainee being transported to another facility. ADC personnel will also advise members verbally of these risks before transporting a high-risk detainee. If a detainee presenting a security risk is transported by a sworn member directly to a court, the Aurora Detention Center retains the responsibility to notify the court of the security risk before the transportation. This will give the court time to take the necessary security measures. 6.5.15 Transports from the Aurora Detention Center to Another Facility Directive Manual (Revised: 3-9-2012) 6.5 TRANSPORTATION OF DETAINEES Daniel J. Oates Page 7 of 7 When a member transports a detainee from the Aurora Detention Center to another facility, they will deliver the necessary documentation. It is the responsibility of the ADC personnel to see that all necessary documents are complete and given to the transporting member before leaving the Aurora Detention Center. Upon arriving at the facility with the detainee, the transporting member will follow the rules and policies of that facility. Transporting members should be mindful of securing their weapons before entering the holding cell area and using handcuffs until the detainee is in the holding cell area. Transporting member will obtain a signature from a member of the agency accepting delivery of the detainee. 6.5.16 Standards for Transportation In general, when a member transports a detainee from any detention facility, the member will:  Positively identify the detainee by comparing a picture taken at time of detention (mug shot or other administrative photo) with the person presented for transport  Compare the detention center wrist band or other form of detention ID with the paperwork presented by the center  Take reasonable steps to confirm that the person being presented is indeed the person the member intends to transport  At a minimum, the officer should create a Custody Report on the detainee, and in the charges block, the word “transport” should be written  If the detainee is being transported due to a warrant, obtain a copy of the warrant or the CCIC/NCIC confirmation or the CJIS Information to accompany the detainee  Ask for any information relating to the detainee’s - Escape potential - Suicide potential - Other personal traits of a security nature If the security information is not included with any documentation provided by the detention center, the member will record that information in the remarks section of the Custody Report. When the detainee is returned to the detention center, or released to another detention center or law enforcement agency, the transporting member will obtain a signature from a member of the agency accepting delivery of the detainee on the Custody Report.