DELAND POLICE DEPARTMENT Chief William E. Ridgway

Departmental Standards Directive

TITLE: PRISONER / DETAINEE TRANSPORTING

CODIFIED: 5.6

CFA STD: 2.03M 29.01M, 29.02M, 29.04M, 29.05M, 29.06M, 29.07M, 29.08M,

DATE OF ISSUE: 07.22.16

EFFECTIVE DATE: 07.22.16

RESCINDS/ AMENDS: 11.30.10

PAGES: 8

PURPOSE

The purpose of this Directive is to provide Department personnel with guidelines for the transporting of prisoners/detainees in a safe and secure manner.

POLICY

It shall be the policy of the DeLand Police Department to emphasize that an arrest is the act of de- priving people of their freedom of movement in order to answer a criminal charge. No two individ- uals react the same when faced with the possibility of being incarcerated. All arrests, and subse- quent transportation and booking, must be made with the knowledge that an element of danger ex- ists.

5.6-1 PROCEDURES

GENERAL TRANSPORT PROCEDURES

5.6.1 The arresting/transporting officer shall:  Thoroughly search each prisoner for weapons and contraband prior to transport. This applies to all transports, including transfers from other officers or agencies.  Accurately inventory personal property and evidence (money, jewelry, narcotics, etc.) in the presence of another officer (when practical) and have both officers legibly sign the property and/or evidence bag(s) across the flap when sealed, indicating agreement on the contents of the bag(s).  Have the prisoner sign in the appropriate place on the property sheet their acknowledgement of the property taken from them at the time of arrest. If the prisoner cannot sign or refuses to sign the acknowledgement, then the arresting officer will have another officer witness the property listed and sign the property slip indicating agreement with the arresting officer and the subject’s refusal or inability to sign the slip.

 In the event a complaint or dispute regarding prisoner property arises the officer shall notify their supervisor as soon as practical.

5.6.2 If the arresting officer is turning a prisoner over to the prisoner transport wagon or other unit, the officer shall ensure that all potential security and medical problems associated with the arrestee are noted. Proper documentation shall accompany the arrestee at all times. All prisoner property will be taken and recorded on the prisoner property sheet.

5.6.3 Only those personal items that can be accepted at the Branch Jail or Detention Center should be transported with the prisoner. Other items are to be marked as personal proper- ty and put into evidence/property for later retrieval.

5.6.4 Arresting officers will request a teletype check by communications personnel for active warrants and capiases on all arrested persons.

5.6.5 All arrest affidavits should be reviewed by a supervisor prior to transporting a prisoner to the jail facility.

5.6.6 All prisoners/detainees shall be handled in the following manner:  When a person arrested for a felony or misdemeanor is transported in a vehicle other than a transport wagon, the person shall be handcuffed behind the back, double locked and checked for tightness, unless physical limitations exist that require handcuffing in front. The vehicle locked keeping in mind the health and safety of the arrested person.  When an arrested person is transported in a transport wagon the person shall be handcuffed behind the back, double locked and checked for tightness, unless for medical or exigent cir- 2 cumstances then the person may be handcuffed with their hands in front for safety purposes with the use of supplemental restraints.  Prisoners shall not communicate with citizens, including attorneys, during the actual trans- port from the place of arrest to the jail or other facility.  During prisoner transports, the transporting officer will not respond to any calls unless direct- ed by a supervisor.

5.6.7 The shift supervisors shall maintain additional restraints should these items be needed.

5.6.8 The arresting officer must verify that a check for warrants has been made on the prisoner.

5.6.9 Officers assigned to prisoner transport shall ensure the arrest paperwork is completed pri- or to taking custody of a prisoner from an arresting officer. Every effort shall be made to ensure the completeness of all required paperwork before the arresting officer returns to normal assignment.

5.6.10 In the event that a transporting officer locates contraband on a prisoner, and the arresting officer is no longer on duty, the transporting officer shall confer with the shift supervisor and initiate the appropriate charges relative to the contraband.

5.6.11 Whenever an officer transports a person of the opposite sex, the officer shall immediately advise the dispatcher of the circumstances, the destination and vehicle mileage. Upon ar- rival at the destination, the officer shall again report the mileage.

5.6.12 Prisoners of the opposite sex arrested for unrelated crimes will not be transported togeth- er unless the vehicle has been specifically modified to accommodate this type of trans- portation.

5.6.13 Once a prisoner is turned over to the branch jail, any inquires regarding the prisoner should be referred to that agency.

5.6.14 If a transporting officer is transporting five or more prisoners, he/she shall alert the Branch Jail officer by phone or request the communications center to relay the informa- tion.

5.6.15 Transporting officers should render assistance to the Branch Jail officers whenever possi- ble in order to expeditiously process large numbers of arrestees.

PROCEDURES AT THE POLICE STATION

5.6.16 If prisoners are transported to the Police Station, they will not be left unattended in police vehicles or any other location.

5.6.17 Unless exigent circumstances exist, there should be two officers present when bringing a prisoner into the holding area.

5.6-3 5.6.18 Transporting officers will approach the Sally Port from the south (Howry Avenue) side.

5.6.19 Upon pulling up to the gates, the officer will use the remote control door opener to open the appropriate gates.

5.6.20 When possible, the officer will pull into the Sally Port and park as far to the north side as possible.

5.6.21 After the gates have closed and the officer has determined it is safe to exit the car, they will secure their weapons either in the trunk of the car or the weapons locker area. NOTE: The Sally Port doors shall be closed before a prisoner is removed from the vehicle. As entry is made into the holding area, all doors entered will be closed and locked be- fore the next area is entered.

5.6.22 The prisoner will be brought into the holding area hallway. No access can be gained to the main holding area without the officer’s proximity card. The prisoner(s) will be brought into the main holding cell area and the door secured.

5.6.23 Before a prisoner is placed into a holding cell, the officer will inspect the cell for contra- band and once again search the prisoner.

5.6.24 The prisoner will step into the open doorway of the cell, at which point the handcuffs will be removed. The prisoner will step inside and the door secured behind them.

5.6.25 Prisoner arrest paperwork will be completed in the holding cell work area.

5.6.26 The above procedures will be followed in the reverse order for removing a prisoner for transport to the Volusia County Branch Jail.

5.6.27 Prisoners will not be taken from the holding area to any other part of the station without approval of a supervisor.

5.6.28 If a person comes to the station voluntarily and is arrested there as a result of a criminal investigation, they may be moved throughout the station with supervisor approval.

5.6.29 At no time will prisoners be escorted between vehicles and the holding cell area while Sally Port gates are open.

PROCEDURES AT BRANCH JAIL AND JUVENILE DETENTION CENTER

5.6.30 At the jail, the police vehicle shall be parked in the Sally Port until the prisoner is re- moved from the vehicle and taken into the jail.

4 5.6.31 The officer shall secure their weapon before entering the processing area of the jail facili- ty or the juvenile detention center. After the prisoner is secure in the jail/detention center, the officer shall proceed to the next location or go back in service.

SUPERVISORY RESPONSIBILITIES

5.6.32 Supervisors must monitor prisoner transports to prevent delays and prisoners spending excessive amounts of time in transport wagons, especially during hot weather. 5.6.33 An on-duty supervisor must provide written authorization for any strip or body cavity search of an arrested person, and will ensure that the search is conducted in accordance with F.S.S. 901.211. 5.6.34 In the event a complaint or dispute regarding prisoner property arises the supervisor will submit a report and take appropriate action.

TRANSPORT VEHICLES

5.6.35 At the beginning and end of each tour of duty, officers assigned to the prisoner transport wagon or department vehicles which will be used as prisoner transport vehicles, shall carefully inspect the vehicle to ensure it is equipped with all emergency equipment and that the vehicle is absent of weapons, contraband or other items which may have been left from the previous occupant. The vehicle shall also be searched for contraband after any prisoners or civilians are transported. Missing equipment will be duly noted and replaced. Found items, such as weapons and controlled substances, shall be immediately reported to a supervisor.

DISABLED PRISONERS

5.6.36 Care should be taken when a prisoner with a physical or mental disability is to be trans- ported. The officer should take into consideration the type of vehicle necessary to safely transport such individuals without creating an undue hardship on the prisoner or an un- safe condition for the officer. Should a prisoner have need of medicines, medical sup- plies, walking aids, and/or prosthetic appliances, such items should be transported in such a manner to preclude their use as a weapon by the prisoner. Any such item or device transported with a prisoner will be turned over to the booking officer and noted on the property sheet. 5.6.37 Officers will use handcuffs and restraints on disabled prisoners, except when the nature of the disability makes the use of a standard restraint impossible or impractical. In such cases, the transporting officer will use appropriate restraints necessary to ensure the secu- rity, safety, and dignity of all persons.

SICK OR INJURED PRISONERS

5.6-5 5.6.38 If the prisoner claims illness or injury, the officer shall notify their immediate supervisor and request fire/rescue either at the scene or at the station.

5.6.39 If the prisoner appears to be more seriously ill or injured, the officer shall notify their im- mediate supervisor and request fire/rescue to the location for treatment.

5.6.40 If necessary, the prisoner may be transported to the hospital, via ambulance, or by the of- ficer, depending upon the seriousness of the illness/injury. 5.6.41 Whenever a prisoner is transported by ambulance or police vehicle, the officer will use reasonable restraints to accomplish their objective with the consideration for human dig- nity, safety and security of the prisoner/subject. 5.6.42 If a person to be arrested for a minor offense is obviously sick/injured, the officer will consult with a superior officer concerning the necessity or advisability of an arrest prior to placing the person under arrest. 5.6.43 An officer shall accompany and remain with all ambulatory prisoners while being treated at the hospital. 5.6.44 Officers shall notify their immediate supervisor when ambulatory prisoners are admitted to the hospital. The supervisor has the responsibility to notify the Clerk of the Court or designee, who will then make arrangements for first appearance proceedings. 5.6.45 In all cases, the prisoner paperwork will remain with the guarding officer at the hospital unless the judge requests that it be brought elsewhere. After first appearance has been held, the supervisor will ensure that the Volusia County Branch Jail shift supervisor is notified so that they can take over guarding the prisoner. 5.6.46 Information and documentation pertaining to any treatment should be contained or at- tached to the arrest affidavit and/or incident report. VIOLENT PRISONERS

5.6.47 When a prisoner displays the potential for extreme violence at the time of arrest, the ar- resting officer may take the subject directly to the Branch Jail.

5.6.48 If necessary, the officer may park in the Sally Port, without removing the prisoner, in or- der to complete paperwork or retrieve teletypes.

5.6.49 If a prisoner becomes violent after being brought into the holding area, extra restraints may be used to prevent the subject from causing harm to self or others.

5.6.50 In the event that a prisoner has been, begins or attempts to kick Officers or other Emer- gency Personnel, the use of a Department approved “Hobble Leg Restraint Device” may be used to secure the prisoner’s legs as to prevent the subject from causing harm to self or

6 others. This device may also be utilized to restrain a prisoner’s legs if an attempt has been made by the prisoner to kick out the windows or doors of a police vehicle.

5.6.51 The use of the “Hobble Leg Restraint Device” may only be applied by an Officer who has received Departmental training in the proper use of the device.

5.6.52 The use of the “Hobble Leg Restraint Device” must be approved by the on duty Supervi- sor unless extenuating circumstances dictate an immediate response by the Officer. If an immediate response is made by the Officer, the Officer shall report the usage of the de- vice to the on duty Supervisor immediately following the incident. Documentation of their usage shall be made on charging affidavits and/or computer reports. 5.6.53 In the event that a violent prisoner threatens to or begins to spit or attempts to bite an Of- ficer or other Emergency Personnel, the use of Department approved protective shields (Mesh Cloth Transport Hoods / Plastic Bite Prevention Face Shields) may be utilized on the prisoner. 5.6.54 The use of these devices must be approved by the on duty Supervisor unless extenuating circumstances dictate an immediate response by the Officer. If an immediate response is made by the Officer, the Officer shall report the usage of the device to the on duty Super- visor immediately following the incident. Documentation of their usage shall be made on charging affidavits and/or computer reports. 5.6.55 The Mesh Cloth Transport Hood is to be used to assist in the prevention of Officer and prisoner injury. The Mesh Cloth Transport Hood is intended to assist in the prevention of the spread of infectious disease and is never to be used as a form of punishment. The Mesh Cloth Transport Hood is authorized when:  The prisoner is under control and restrained.  The prisoner has or has made a credible threat to spit on Officers or Emergency Personnel.  The prisoner is not vomiting or bleeding profusely from the mouth or nose.  The prisoner is under continuous visual observation. 5.6.56 The Plastic Bite Prevention Face Shield is to be used to assist in the prevention of Officer and prisoner injury. The Plastic Bite Prevention Face Shield is intended to assist in the prevention of the spread of infectious disease and is never to be used as a form of punish- ment. The Plastic Bite Prevention Face Shield is authorized when:  The prisoner is under control and restrained.  The prisoner has made a credible threat, attempt or has bitten Officers or Emergency Personnel.  The prisoner is not vomiting or bleeding profusely from the mouth or nose.  The prisoner is under constant and continuous visual observation.

JUVENILE TRANSPORT

5.6-7 5.6.57 A juvenile and an adult defendant shall not be transported together unless the juvenile and adult are alleged to have jointly participated in the same offense or transaction.

ESCAPED PRISONERS

5.6.58 In the event a prisoner escapes from an officer’s custody, that officer will immediately notify their supervisor and make every effort to locate the escapee. The nearest field su- pervisor will respond to the scene, evaluate the situation, and coordinate the search.

5.6.59 The communications section shall notify all other units and surrounding law enforcement agencies (when applicable) of the prisoner’s escape and any other pertinent information.

5.6.60 If the escapee cannot be located, the field supervisor may call for additional assistance or terminate the search.

5.6.61 The officer from whom the prisoner escaped shall complete a detailed report of the events leading up to the escape, prior to the end of their tour of duty. Should the officer, due to extenuating circumstances, be unable to complete the report by the end of their tour of duty, the report will be completed by a designee chosen by the supervising authority.

NOTE: If a prisoner escapes while other prisoners are in custody, the transporting officer shall ensure that the remaining prisoners are secure and remain with the other prisoners. The transporting officer will provide as much information as possible in reference to the es- caped prisoner’s description, direction of travel etc. to the communications personnel. UN- DER NO CIRCUMSTANCES WILL AN OFFICER LEAVE OTHER PRISONERS ALONE TO GIVE CHASE TO AN ESCAPED PRISONER.

INGESTION OF NARCOTICS

5.6.62 In the event a subject is taken into custody and during the course of the arrest the subject ingests, or is suspected of ingesting some type of narcotic the suspect shall be treated as an injured prisoner.

5.6.63 The arresting officer shall notify their supervisor of the circumstances surrounding the be- lief that narcotics were ingested.

5.6.64 Upon supervisor approval, the prisoner shall be transported to the emergency department at Florida Hospital—DeLand for evaluation and treatment, if necessary.

DRAFTED: PCG - 6/2003 REVISED: JLW – 07/2016 REVISED: GRB – 06/2005

8 REVISED: GRB - 11/2006 REVISED: JFA - 01/2008 REVISED: JFA - 04/2008 REVISED: JFA – 11/2010

5.6-9