Njsacop Leap Model Policies s1

NJSACOP LEAP MODEL POLICIES EFFECTIVE DATE: GENERAL ORDER # 018 SUBJECT: PRISONER TRANSPORTATION ISSUED BY: # OF PAGES: 8 DISTRIBUTION: REVIEW DATE: LAST REVISED: ACCREDITATION STANDARDS: 70.1.1 70.1.2 70.2.1 70.4.2 The written directives developed by the Police Department are for internal use only, and do not enlarge an officer’s civil or criminal liability in any way. They should not be construed as the creation of a higher standard of safety or care in an evidentiary sense, with respect to third party claims. Violations of written directives can only be the basis of a complaint by this department, and then only in an administrative disciplinary setting.

PURPOSE: To establish guidelines designed to effectuate the safe and secure transportation of all persons in the custody of this department.

POLICY: The transportation of prisoners is a potentially dangerous function that is performed by officers on a frequent basis. Officers are required to remain cognizant of the potential for violence and/or escape and shall exercise due caution to minimize the possibility of injury to the prisoners, transporting officers and public.

PROCEDURE:

I. Search of Prisoner

A. The transporting officer shall conduct a thorough search of each prisoner prior to any transportation. Standard 1. The searching technique utilized and the scope of each search must be employed 70.1.1 consistently regardless of the reason for the transportation. (I.e., initial arrest, HQ to jail, jail to court, court to jail, etc.,) 2. In situations where a prisoner is accepted from another department, facility or officer, the officer preparing to conduct the transportation must not assume that a competent search has already been conducted. Prisoners that are coming from these various environments may have inadvertently been exposed to contraband or weapons after their initial search and this possibility warrants the need for a new pre-transportation search.

II. Transportation Vehicles

A. Only marked patrol vehicles that have the lock and window controls disabled and are Standard equipped with a security cage providing separation between the front and rear seats of the vehicle shall be approved for use as transportation vehicles for persons deemed to be in 70.4.2 custody.

B. When confronted with a legitimate and unforeseen exigency that requires transportation of a prisoner in a vehicle that is not equipped with a security cage providing separation between the front and rear seats, it shall be absolutely necessary to have two (2) officers present in the vehicle for the transportation, and no more than one (1) prisoner may be transported per vehicle. In such situations, the prisoner and the second officer’s shall ride in the rear of the vehicle with the prisoner seated on the second officer weak-hand side.

General Order # 018 – Prisoner Transportation Page 1 of 8 NJSACOP LEAP MODEL POLICIES

C. All officers assigned to marked patrol vehicles are required to conduct a thorough physical inspection of the passenger compartment of their assigned vehicle prior to beginning each Standard watch. 70.1.2 1. In addition, officers are required to complete a similar inspection immediately prior to and following the transportation of any prisoner or civilian. These inspections are designed to confirm the absence of weapons, contraband and damage from that area of the passenger compartment in which passengers will be transported. Additionally, if contraband, weapons or damage is discovered, it can be positively linked to the prisoner(s) in a timely fashion. 2. In situations where any vehicle other than a marked patrol vehicle must be used to transport a prisoner, the officer preparing to conduct the transportation shall complete the above-described inspection immediately prior to and after the transportation.

D. Whenever possible, prisoners initially taken into custody as a result of the same incident shall be transported to police headquarters in separate vehicles in an attempt to minimize the opportunity for coordination of stories. 1. If, due to the number of prisoners, it becomes necessary to transport multiple prisoners in a single vehicle, a supervisor must be consulted prior to such activity. 2. Notwithstanding the above, male and female prisoners should not be transported in the same vehicle unless the vehicle is equipped with a barrier capable of providing physical separation between such prisoners, and adult and juvenile prisoners shall never be transported in the same vehicle.

E. If a vehicle should become unserviceable following prisoner transportation due to the need for excessive cleaning or decontamination, the vehicle shall be placed out of service until such time as corrective measures can be taken. 1. Vehicles that are placed out of service pending decontamination shall be appropriately marked in accordance with provisions of written directive V6C2 – Communicable Diseases and shall not be returned to active service until such time as proper decontamination procedures have been completed. 2. Vehicles that are excessively soiled shall be placed out of service and a work order should be prepared requesting cleaning at the designated car-wash vendor.

III. Restraining Devices/Procedures

A. Prisoners being transported in a department vehicle must be adequately and safely restrained throughout the transportation. At a minimum, prisoners must be handcuffed; leg irons Standard and a handcuffing belt may be utilized when deemed necessary to provide additional 70.2.1 restraints for subjects who are combative or deemed a flight risk. No other types of restraints are authorized.

B. Prisoners shall never be handcuffed or otherwise secured to any part of a vehicle, nor shall two or more prisoner be handcuffed or otherwise restrained to one another.

C. Whenever a prisoner is placed into a police vehicle, the doors to the vehicle shall be locked to prevent unauthorized persons from opening the vehicle door.

D. Officers shall exercise due care and provide assistance to prisoners who are entering or exiting a department vehicle during transportation procedures.

E. To assist in the prevention of injury to prisoners and to provide an additional means of restricting the prisoner’s movements, all prisoners who are transported in department vehicles shall have a seat belt securely fasten around them prior to actual transportation. 1. The following are situations when using a seatbelt may be inappropriate or unsafe:  Aggressive/combative prisoner making attempts to secure him/ her impractical.  Injuries to the prisoner that may be aggravated by the seat belt.  The use of supplementary restraints on the prisoner that make it difficult, impossible or unsafe for the seat belt to be employed.

F. When the use of additional restraints (i.e., leg irons and/or handcuffing belt) are necessary, officers shall ensure that the prisoner is seated upright and, whenever possible, secured in a seatbelt after the application of the additional restraints and prior to transportation. 1. Due to the increased danger of “positional asphyxiation” in prisoners, additional restraints other than those expressly authorized by this directive, such as hobbles, are prohibited. 2. Transportation of prisoners in a lying or supine position is prohibited. Accordingly, the application of additional restraints must be made in such a manner as to allow for upright transportation of all prisoners.

G. Prisoners who have physical handicaps or injuries can present unique problems associated with handcuffing/ securing and transportation. All such cases must be handled individually and the officer(s) involved must exercise good judgment in addressing these concerns while minimizing the risk of injury to the prisoner. 1. In certain situations, transportation by standard police vehicle may not be possible. When necessary, a supervisor shall be required to select the appropriate alternate means for transportation. 2. Wheelchairs, crutches, braces and other similar items should be transported with the prisoner but not in his/ her possession. 3. As a general rule, the restraints utilized should reflect common sense and good judgment. If necessary, assistance should be requested in order to complete the transportation in a manner that is dignified and professional, while offering comfort and security for both the prisoner and the officer.

IV. Transportation Protocols

A. When an officer begins transportation with a prisoner, regardless of the age or sex of the prisoner, the officer is required to report the transportation to Burlington County Central Communications by radio and provide the following information: 1. Originating location and destination of the transportation. 2. The number, sex and age classification (adult or juvenile) of the prisoner(s). 3. The beginning and ending mileage of the transportation.  In order to ensure that accurate mileage is recorded to within a tenth of a mile, officers shall use the trip odometer for the purpose of recording and announcing mileage if their assigned vehicle’s odometer does not display mileage to the tenth.  An entry shall also be made on the officer’s patrol activity log noting the origin and destination of the transportation, as well as the beginning and ending mileage. 4. In situations where the originating point or destination of the transportation is outside of the radio range for Burlington County Central Communications, the officer(s) conducting the transportation shall report the above information to central communications by cellular phone.

B. Prisoners shall be transported in a manner that allows the officer(s) conducting the transportation to maintain observation of the prisoner. 1. If one (1) officer is conducting the transportation, the prisoner shall be secured on the passenger side of the rear seat to allow the transporting officer the ability to glance at the rear view mirror and observe the prisoner without compromising his ability to safely operate the vehicle. 2. If any suspicious, threatening, dangerous or alarming incident should occur during transportation, the officer should immediately notify communications and pull over in a safe location to further observe or correct the situation. 3. If two (2) officers are conducting the transportation, it is the responsibility of the second officer to maintain a visual observation of the prisoners. 4. Particular attention shall be directed toward prisoners who are or might possibly be under the influence of alcohol or drugs, or who have a propensity or history of being violent.

C. When an officer(s) is assigned to a transportation that will require the officer(s) to travel to an area where radio contact with Burlington County Central Communications will probably be lost, the supervisor assigning such transportation shall provide the officer(s) with a cellular telephone to ensure constant communications capabilities are maintained between the officer(s) and central communications.

D. The transportation of prisoners in non-arrest (previous custody) situations shall be conducted by two officers any time the following criteria exists: 1. The prisoner involved poses a security/health/escape or suicide risk. 2. The prisoner is charged with a serious offense and has a substantial bail. 3. There are multiple prisoners requiring transportation. 4. The transportation will require the officer to leave the tri-county area of Burlington, Camden and/ or Mercer Counties. 5. The transportation will require that the assigned officer to leave town and the prisoner is of the opposite sex of the transporting officer.

E. Once a prisoner is secured in a police vehicle, his/ her opportunity and right to communicate with any other person(s) should be immediately terminated. Persons approaching a police vehicle containing a prisoner can created a potentially unsafe condition and shall be instructed to leave and advised that the failure to oblige may result in their arrest and/ or prosecution.

F. Under no circumstance shall an officer travel to the home of a township official/ employee while a prisoner is in the vehicle.

V. Special Considerations

A. Once transportation has been initiated, the officer(s) conducting the transportation shall not stop for any reason other than those specifically permitted in this written directive.

B. In the event that a prisoner exhibits signs of illness or injury, or reports such a condition during transportation, the transporting officer(s) shall immediately notify the watch commander and, upon approval, divert to the nearest emergency medical facility. 1. If multiple prisoners are being transported and assistance is required for the safe handling and/ or securing of the remaining prisoners, assistance shall be requested from the police department having jurisdiction at the medical facility. 2. One of the officers conducting the transportation is required to remain with the patient/ prisoner at all times until relieved or released by competent authority.

C. In rare situations, it may be necessary to stop in order to allow a prisoner to use the rest room. This should only be considered when no other reasonable alternative exists. 1. Only secure law enforcement or correctional facilities shall be deemed acceptable for this purpose. 2. Supervisory approval is required before stopping, and Burlington County Central Communications must be provided with the location of the facility being utilized for the stopover.

D. Officers shall not stop a prisoner transportation to provide assistance or engage in enforcement activities unless: 1. The failure to do so would result in injury or death to another person. 2. There is an immediate need to render assistance to an injured party. 3. There is an identified crime in progress and immediate action is necessary to prevent the suspect from escaping.

E. If necessary to stop for any of the above listed reasons, the officer(s) shall immediately contact central communications and report their location and the situation at hand. 1. Adequate assistance should be immediately summoned to allow for continuation of the transportation at the earliest possible opportunity. 2. The transporting officer must take all reasonable precautions to ensure that the prisoner remains securely held and protected.

F. Prior to transporting a prisoner deemed to be an unusual security risk, the watch commander shall contact the receiving agency or court and provide advanced notice of the specific unusual security considerations that exist surrounding the prisoner.

G. The transportation of prisoners to special events (such as funerals, hospital visits of critically ill persons, etc.) rests with the detention/correctional facility wherein the prisoner will be housed. Accordingly, the transportation of prisoners to locations other than medical, psychiatric or detention/correctional facilities is not authorized.

H. Prisoners who have emotional problems or are mentally handicapped might react violently to being transported by police vehicle and, if absolutely necessary, an alternate mode of transportation may be considered (I.e., ambulance, unmarked vehicle, etc.). 1. Alternative transportation vehicles may also be required to address the special needs of some prisoners. Nonambulatory prisoners may require transportation of additional items (wheelchair, crutches, etc.) that would preclude using a traditional police vehicle. 2. Officers must obtain permission from a supervisor to utilize alternative vehicles for transporting prisoners.

VI. Reception at Facilities

A. Prior to initiating transportation to a facility, it is the responsibility of the officer(s) conducting such transportation to confirm that all paperwork required for admission/transfer to the facility’s staff is present and complete. 1. The officer who will be actually admitting the prisoner into the facility shall be required to deliver the appropriate paperwork to the facility staff at the time of commitment. 2. An officer transferring custody of a prisoner to any other facility, agency or court is required to advise the receiving facility’s staff of any medical or security risks known to the admitting officer.

B. Officers preparing a prisoner for transportation to a facility shall be responsible for determining what property, if any, in the prisoner’s personal effects will be accepted at the destination. Refer to the written directive governing Cellblock Management for the procedure to be employed in securing a prisoner’s personal property that will not be accepted by the facility.

C. Upon arrival at a facility, the handcuffs and/ or other restraining devices employed shall not be removed until the prisoner is ready to be placed into a cell or otherwise directed by an officer of the receiving facility’s staff.

D. No prisoner shall be removed from the transporting vehicle until the transporting officer(s) have secured their issued firearms in the designated secure receptacle at the destination facility. In the absence of a designated secure receptacle, the transporting officer(s) may secure their firearms in the trunk of the transportation vehicle.

E. If necessary to drop off prisoners at more than one (1) facility, one (1) officer shall escort the prisoner(s) into the facility while the other officer stays with the remaining prisoner(s).

F. An officer transferring custody of a prisoner to any other agency or facility, or releasing a prisoner from police custody, shall fully document the change in detention status and/or location on an incident report. 1. If a receipt or other document is produced at the destination facility, it should be submitted along with the incident report. 2. The transporting officer shall also obtain the name and badge/identification number of the person at the facility to whom custody of the prisoner has been transferred. This information must be documented on the report filed by the transporting officer.

G. Officers assigned to transport a prisoner from any facility, or from one facility to another, must take reasonable precautions to ensure that the following issues are satisfactorily addressed: 1. Positive identification – the booking records and other personal identification of prisoners shall be viewed to ensure that the correct prisoner is being picked up and transported. Questioning of the prisoner concerning personal identifiers is also a good method to help confirm identification. 2. Documentation – all necessary and relevant paperwork concerning the custody status of the prisoner must be obtained. If the prisoner is being transported to another facility, the paperwork shall be delivered to the staff and the receiving facility. This includes, but is not limited to, commitments, detainers, recognizance forms, etc. 3. Critical information – any information that would identify risk factors related to the prisoner shall be requested. Critical information must be documented and delivered to the staff at the receiving facility, if applicable. This would include, but is not limited to, specific information related to a prisoner’s risk of escape or suicide, gang affiliation, unusual illnesses, etc.

VII. Hospital/ Medical Care Facilities

A. Prisoners who are transported to a medical facility for treatment, examination or admission must be closely monitored.

General Order # 018 – Prisoner Transportation Page 6 of 8 NJSACOP LEAP MODEL POLICIES 1. While officers must be reasonable in working with medical personnel, it must be remembered that the person is in police custody and his/ her freedom of movement and /or association must continue to be restricted. 2. The removal of handcuffs/ restraining devices shall only occur at the request of a physician or other medical professional when necessary to examine or treat the prisoner.

3. The assigned officer shall maintain a close guard over the prisoner and is responsible for monitoring contacts with all visitors and staff to ensure there is no transfer of contraband or weapons. 4. Only in unusual situations shall the prisoner be allowed out of the assigned officers immediate vicinity and/ or sight. (I.e., operating room) 5. The assigned officer shall remain present with the prisoner until properly relieved or released by competent authority.

B. If a prisoner is going to be transported to a medical facility by ambulance, the officer assigned to guard the prisoner is required to ride in the patient compartment of the ambulance during such transportation. 1. Some of the fire department’s ambulances have gun lockers installed in the passenger compartment that shall be utilized to secure the service firearm of the assigned officer. 2. For ambulances that do not have a gun locker installed, the assigned officer shall either surrender his weapon to another officer that will follow the ambulance, or unload the weapon and lock it in the glove compartment of the ambulance until arrival at the hospital. 3. If the weapon must be secured in the glove compartment of the ambulance, officers are responsible to ensure that the weapon is completely unloaded in a safe manner consistent with department procedures, and that the officer retains the ammunition during such transportation. 4. The prisoner shall remain handcuffed unless injuries or treatment of injuries/ illness require otherwise. 5. Upon completion or refusal of treatment, the assigned officer shall secure a copy of the treatment form indicating the prisoner is medically cleared for detention. This form must accompany the prisoner to the designated detention facility and shall be supplied to the admissions officer upon arrival.

C. If a prisoner is being admitted to a medical facility for continued treatment or observation, the watch commander must make the following contacts and ensure compliance with the below listed duties: 1. If the custody is a result of a disorderly persons offense, petty disorderly persons offense, motor vehicle offense or a municipal court contempt warrant, the municipal court judge or court administrator shall be contacted to consider a release of the prisoner on his/ her own recognizance (ROR). 2. If the request for ROR release is denied, or the underlying charge is an indictable offense, the Burlington County Sheriff’s Department must be contacted to request assignment of a guard for the prisoner. The watch commander shall ensure that a commitment form is obtained from the court administrator or deputy court administrator prior to contacting the 3. Pending acceptance of guard responsibilities and arrival of Burlington County Sheriff’s Department personnel, the assigned officer shall be responsible for maintaining constant visual observation of the prisoner. Visitors and telephone calls are strictly prohibited unless ordered by a judicial authority. 4. Prisoners assigned to a regular room shall be secured to the bed with the most appropriate restraining device unless medical considerations prohibit such restraint.

General Order # 018 – Prisoner Transportation Page 7 of 8 NJSACOP LEAP MODEL POLICIES 5. Upon admittance to a medical facility, it shall be the responsibility of the assigned officer to initiate a Detainee Log and complete the log entries in accordance with established department procedure for supervision of detainees.

VI. Escape

A. In the event of a prisoner escape during transportation, the officer(s) conducting the transportation are required to immediately notify central communications of the following: 1. Exact location of escape, 2. Identity of escaped prisoner(s) and the original charge(s), 3. Suspect(s) descriptions, 4. Method of escape, 5. Weapons possessed, if any, 6. Last known direction of travel, 7. Possible accomplice(s) and/ or vehicles involved.

B. The officer making the notification shall direct central communications to immediately notify the watch commander and the law enforcement agency having jurisdiction at the location where the escape occurred.

C. In addition, all of the applicable procedures concerning notifications and investigative efforts following an escape, as outlined in the written directive governing Cellblock Management, shall be completed in concert with the law enforcement agency having jurisdiction at the location of the escape.

General Order # 018 – Prisoner Transportation Page 8 of 8