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310 Detention Procedures (Revised 03-09-2011)FRIDLEY POLICE DATE OF ISSUE NUMBER: GENERAL ORDER May 15, 2008 310 SUBJECT: REVISION DATE SECTION: Detention Procedures March 9, 2011 Yellow I. PURPOSE To establish procedures for the detention of persons at the police department and for the operation of the municipal holding facility. II. POLICY It is the policy of this agency to 1) protect safety and rights by setting forth reasonable guidelines in the detention of persons within the police department; 2) operate a Class IV municipal holding facility, that may be used to confine prisoners for up to four hours, in conformance with Minnesota Administrative Rules Chapter 2945, promulgated by the Department of Corrections; and 3) conform to the federal Juvenile Justice and Delinquency Prevention Act regarding the detention of juveniles. It is further acknowledged that persons being held in temporary custody within the police department are the responsibility of the arresting or detaining officer. III. REFERENCES Minnesota Administrative Rules Chapter 2945 Municipal Jail Facilities Minnesota Statutes § 481.10 Right to Attorney/Counsel General Order 302 Evidence Handling General Order 315 Transporting Persons IV. DEFINITIONS Delinquent Youth A person under 18 years of age accused of an act which would also be illegal for an adult. Delinquent youth may be held securely in the holding facility. Detainee Any person accused of an act which would be illegal for an adult who is held in or processed through the holding facility. Holding Cell A cell or room in the holding facility used to hold one or more persons temporarily while awaiting release, transportation, or interrogation. Holding Facility For purposes of this General Order, the term “holding facility” shall refer to the following physical locations within the Police Department, ingress and egress of which is controlled by a secure perimeter:  Intake/breath alcohol testing area (commonly referred to as the “Intoxilyzer” room)  Interrogation room  holding cell hallway and shower  two secure holding cells with toilet facilities Non-Delinquent Youth A person under 18 years of age who has committed no offense or has committed an act that is only prohibited for juveniles. The secure detention of non-delinquent youth is prohibited in the holding facility. Sally Port The secure garage used to transfer detainees between a squad or transport vehicle and the holding facility. Secure Perimeter Means that the physical construction of the facility (or area within the facility) prohibits uncontrolled exiting. A secure perimeter is created by the existence of any of the following:  Doors that are by policy or practice locked to prevent uncontrolled exit when the facility is in use  Exit through a door requires a key or electronic key card  Exit through a door requires knowing a pass code V. PROCEDURES IN GENERAL The holding facility may be used to temporarily confine adults and delinquent youth for a period of no more than four hours for purposes of breath alcohol testing, identification, investigation, or while awaiting release, transportation, or interrogation. A. SECURITY AND CONTROL 1. Officers should refrain from bringing firearms into the holding facility when detainees are present unless circumstances warrant their use. Firearms may be locked in one of the gun lockers provided. 2. A thorough physical search of each detainee shall be completed by the arresting officer prior to confining a detainee in a holding room. All restraining devices should be removed from detainees, unless there is a safety factor. 3. Separation of Detainees a. Detainees will be processed in the facility separately from any other detainees being processed. “Separately” means detainees will be processed individually and separated by sight and sound. b. Detainees of the opposite sex may not be confined in the same holding cell together. 4. The door to a holding cell shall be locked while a detainee is inside. Holding cell door keys shall be kept secured in the key safe located in the hallway between the two holding cells. 5. Officers should visually inspect the holding room prior to placing a person inside. Another inspection should be made after removing the detainee. 6. Persons detained in a holding cell or any other part of the holding facility shall be visually monitored by the arresting officer no less than every fifteen (15) minutes except that the arresting officer may arrange for another department member (officer, office assistant or reserve) to watch the detainee(s) via the audio/video monitoring system. At no time is a detainee to be left in the holding facility if the Police Department is unoccupied. 7. Detainees shall receive reasonable personal hygiene items upon request. 8. At no time is a detainee to be given any tools, eating utensils, etc. while in a holding cell. If a detainee soils the room and is required to clean up the room, cleaning supplies will be made available. An officer will supervise the clean up. The officer that removes a detainee from the holding room will insure that the room is clean. 9. Handling Emergencies a. ALARMS There is an emergency phone box on the wall inside the sally port next to the entrance to the intake area. There is also an emergency phone box on the wall inside the intake area next to the sally port door. The emergency phone boxes will connect directly to Central Communications when the button is pushed. A panic alarm that will activate a claxon inside the police department is located in the intake/Intoxilyzer area. An officer needing urgent assistance with a prisoner may activate any of these alarms. When an alarm claxon sounds, available personnel in the station will immediately respond to assist with the situation. Additional assistance if needed may be requested via radio, the emergency phone boxes, or the “red” phone connection to Central Communications. b. INGRESS AND EGRESS Entrance to and exit from the holding facility is by electronic key card. The electronic door locks may be overridden by activating the “emergency open” button on the door control panel at the front desk. In the event of electrical failure, entrance to the holding facility can only be made by key. Holding facility keys are kept in the main key control cabinet located in the Informational Services Unit and in the patrol Supervisor’s office. c. DEATH OR GREAT BODILY HARM If an emergency results in death or great bodily harm, the Public Safety Director or on-call administrator shall be notified as soon as practical. A detailed report concerning the incident shall be forwarded to the Division Commander within 24 hours. d. FIRE (see also FIRE EVACUATION PROCEDURE) In the event of a fire in the holding facility, Central Communications shall be immediately notified and Fire Department assistance shall be requested. The Shift Supervisor will be notified as soon as possible. If the holding facility is occupied, evacuation of the occupant(s) shall be the first priority. In order to reduce the risk of fire, all lighters, matches, and related materials shall be taken from detainees. A fire extinguisher is located in the intake area. e. ESCAPE In the event of an escape, the Shift Supervisor shall immediately be notified. A perimeter will be established based on available information as to the escapee’s direction of travel. Unless the escapee was seen leaving the building, a thorough search shall be made of the Municipal Center. If the escape occurs during business hours, Municipal Center employees shall be notified as soon as possible of the escape and a description of the suspect. f. MEDICAL If a detainee or other person in the holding facility requires emergency medical attention, an ambulance shall be summoned to the scene via radio, the emergency phone boxes, or the “red” phone connection to Central Communications. If a detainee requires routine medical attention, the detainee will be transported to Unity Hospital for treatment. Department personnel are prohibited from dispensing medication to a detainee. 10. Visitors Except in the following cases, there shall be no visitors allowed for anyone in the holding facility: a. No detainee may be denied access to their attorney. An attorney who requests a conference with his/her detained client may be provided access to the interrogation room in which to do so. b. Parents and/or attorneys of delinquent juveniles held in the holding facility shall be allowed access to the juvenile being held within a reasonable amount of time. c. Detainees shall have access to a telephone for the purpose of contacting an attorney or parent, upon request. d. All visitors shall be identified and names so noted in the report. All packages, briefcases, etc. shall be opened so that contents can be viewed. Visitors meeting with a detainee in the secure perimeter of the holding facility shall be searched. 11. No detainee shall be held longer than necessary. All detainees shall be transferred to another facility or released as soon as possible. In no event shall a detainee be held more than 4 hours. Delinquent juvenile detainees shall be released to a parent or responsible adult guardian, transferred to a juvenile detention facility, or other appropriate facility. If a detainee cannot be released or transferred within 4 hours a report shall be made to a Division Commander noting the specific circumstances (i.e., severe weather) which resulted in the extended confinement. 12. No detainee shall be permitted to receive any package or mail. These items may be referred to the facility where the detainee will be taken or may be provided to the detainee at the time of their release. 13. No detainees may be received or released until the arresting or escorting officer has produced proper credentials or until the proper documents have been completed, identifying the purpose for detention or release. Detainees should be released through the sally port and not escorted through the administrative area of the police department. 14. Pursuant to Rule 2945.5450, no stockpiling of legend drugs shall be permitted in the holding facility. 15. Pursuant to Rule 2945.5460, a report of all detainees who are known or suspected of having a communicable disease (i.e., AIDS, TB) shall be made to the Minnesota Department of Health. a. Detainees suspected to have a communicable disease shall be separated from other detainees. B. INTAKE PROCEDURE 1. A Detainee Information Sheet shall be completed on each detainee confined in a holding cell. All applicable blanks on the form shall be filled in. If a detainee is uncooperative and refuses to supply the requested information, the officer should so note on the form. Juvenile and adult forms will be maintained in separate files. 2. All intake procedures shall be conducted in a manner that assures the personal privacy of the prisoner and the confidentiality of the transaction. 3. Evidence taken from a detainee shall be processed in accordance with General Order 302 Evidence Handling. Personal property taken from a detainee shall be stored in a bag or bin provided for that purpose in the intake area except that no weapons removed from any detainee may be stored in the holding facility. 4. All personal property of value taken from a detainee shall be inventoried on the Detainee Information Sheet. When the detainee is released or transferred to another facility, the detainee will be required to sign for the property returned. If the property will not be returned to the detainee prior to transfer, the officer will initial those items and turn them over to the receiving personnel at the facility to which the detainee is transferred. 5. In the event another agency needs to use the holding facility (for breath alcohol testing for instance) a department member should be present if practical. C. INSPECTIONS The Technical Services Division Commander shall be responsible to insure the following inspections of the holding facility are completed: 1. Weekly a. Inspect fire extinguisher b. Inspect the sanitary conditions 2. Annually a. Fire Inspection b. Alarm and Emergency Phone Box testing D. RECORDS The Detainee Information Reports shall be maintained and disseminated in accordance with applicable State and Federal laws. Technical Services Division staff shall be responsible for reporting required information to the Minnesota Department of Corrections via the Statewide Supervision System (S3). E. TRAINING All personnel will receive training in detention procedures and in the use and operation of the holding facility. F. FIRE EVACUATION PROCEDURE Upon the fire alarm being sounded: 1. An available department member responding to the alarm shall determine if any individuals are in the holding facility. a. The department member shall immediately notify Central Communications to report the alarm and summon necessary assistance. 1) The department member shall notify Central Communications if there are individuals in the holding facility that need to be evacuated and the location of the individuals within the holding facility. This information should also be communicated to the Fire Department. b. If practical, the department member shall override the holding facility electronic door locks by activating the “emergency open” button on the door control panel at the front desk. 1) If the electronic door locks are not functional, the override keys for the holding facility may be obtained from the key control cabinet located in the Informational Services Unit and in the Patrol Supervisor’s office. c. If practical, the department member shall open the sally port overhead door using the control at the front desk. 2. A police officer responding to the alarm shall have the responsibility to insure that immediate evacuation of any detainees confined in the holding facility is carried out. a. The officer shall evacuate detainees through the sally port. If evacuation cannot occur through the sally port, detainees should be evacuated using the door connecting the administrative office area and the holding facility. 1) Civilian office staff are not expected to be involved in the physical removal of detainees from the holding facility. b. Once detainees have been evacuated from the holding facility, it shall be the responsibility of the officer to secure them in a safe location. 3. A detailed report concerning the incident shall be forwarded to the Division Commander within 24 hours. VI. PROCEDURES SPECIFIC TO JUVENILES A. DELINQUENT YOUTH 1. Delinquent youth may be held securely in the holding facility for a period of no more than four hours for purposes of breath alcohol testing, identification, investigation, or while awaiting release, transportation, or interrogation. 2. Delinquent youth shall be kept at the greatest distance from adult detainees. Delinquent youth shall be separated from adult detainees by sight and sound. a. Delinquent youth shall have no physical or sustained sight or sound contact with adult detainees. Sight contact is defined as clear visual contact between adult and juvenile detainees. Sound contact is defined as direct oral communications between adult and juvenile detainees. 3. Parents and/or attorneys of delinquent juveniles held in the holding facility shall be allowed access to the juvenile being held within a reasonable amount of time. 4. Delinquent juvenile detainees shall be released to a parent or responsible adult guardian, transferred to a juvenile detention facility, or other appropriate facility. B. NON-DELINQUENT YOUTH 1. Non-delinquent youth may not be processed, held or detained within the secure perimeter of the holding facility or the sally port under any circumstances. The secure detention of non-delinquent youth in the holding facility is prohibited. 2. Examples of non-delinquent acts include the following: a. Child Protection Dependency, Neglect, and other Emergency Protective Care, Runaway and Truancy; b. Juvenile Petty Offenses Tobacco violations, incorrigibility, possession of a small amount of marijuana, alcohol violations including possession and consumption; c. Local Ordinance Curfew d. Juvenile Traffic Offenses Parking, Moving and Non-Moving Violations 1) Exception: Juvenile DUI offenders are considered delinquent and can be processed securely. 3. Non-delinquent youth may be detained in a non-secure area of the department for purposes of identification, investigation, processing, release to parent or guardian, or arranging transfer to a juvenile facility or court. a. Non-secure areas are those that by design and function have an uncontrolled exit. Propping open the door of a secure perimeter area does not make it a non-secure area for purposes of the JJDP Act. Non-secure areas of the department would include the lobby, front interview room, front conference room, or Investigations Unit interview room. All such rooms shall remain unlocked while occupied by non-delinquent youth. 4. Non-delinquent youth shall not be escorted through a secure perimeter area to get to a non-secure area. They shall be brought in through a non-secure area such as the front lobby or rear staff door. 5. Non-delinquent youth may not be physically secured to a cuffing rail or other stationary object. Non-delinquent youth may be handcuffed to themselves. 6. Non-delinquent youth shall remain under the continuous visual supervision of a police officer, reserve officer, or other designated staff member during the period of time that he or she is in non-secure custody. 7. Non-delinquent youth shall have no physical or sustained sight or sound contact with detainees. 8. The officer detaining a non-delinquent youth within the police department shall complete an entry in the non-delinquent youth admissions logbook noting where in the department the non-delinquent youth was held and how long they were detained.